WHEREAS in the matter of import of Dead Burnt Magnesite (DBM) falling under Chapter 25 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from People�s Republic of China, the Designated Authority vide its final findings, published in the Gazette of India, Extraordinary, Part 1, Section 1, dated the 12th November, 1996 had come to the conclusion that -

(a)       Dead Burnt Magnesite having MgO content ranging from 85% to 92%, of People�s Republic of China origin has been exported to India below normal value;

(b)       the Indian industry has suffered material injury;

(c)       the injury has been caused to the domestic industry by imports of Dead Burnt Magnesite from the People�s Republic of China.

AND WHEREAS on the basis of the aforesaid findings of the Designated Authority, the Central Government had imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 98/96-Customs, dated the 20th December, 1996, published in Part II, Section 3, Sub-section (1) of the Gazette of India, Extraordinary, dated the 20th December, 1996 vide G.S.R 705 (E) dated the 20th December, 1996;

AND WHEREAS the Designated Authority vide its final findings in review, published in the Gazette of India, Extraordinary, Part 1, Section 1, dated the 14th June 2000 has come to the conclusion that -

(a)       Dead Burnt Magnesite originating in, or exported from People�s Republic of China has been exported to India below normal value.

(b)       The domestic industry has not suffered any material injury from imports of Dead Burnt Magnesite from People�s Republic of China during the period of investigation.

(c)       No injury has been caused to the domestic industry by exports of Dead Burnt Magnesite originating in or exported from People�s Republic of China.

AND WHEREAS the Designated Authority considered it appropriate to discontinue the anti dumping duty imposed on imports of Dead Burnt Magnesite originating in, or exported from, People�s Republic of China;

NOW THEREFORE, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with sub-sections (5) and (6) of the said section 9A and rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government hereby rescinds the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 98/96-Customs, dated the 20th December, 1996 [ G.S.R. 705(E) dated the 20th December, 1996] except as respects things done or omitted to be done before such rescission.