Notification No. 98 dated 20^th December 1996

Whereas in the matter of import of Dead Burnt Magnesite falling under sub-heading 2837.20 of the First Schedule to the Customs Tariff Act, 1975(51 of 1975 and originating from Peoples Republic of China, the designated authority vide its preliminary findings, published in Part I, Section 1 of the Gazette of India Extraordinary dated the 12th June 1996, had come to the conclusion that-

(i)        Dead Burnt Magnesite originating from the Peoples Republic of China has been exported into India below its normal value.

(ii)      the Indian domestic industry has suffered material injury; and

(iii)     the injury has been caused by the imports originating from Peoples Republic of China;

And whereas on the basis of the aforesaid findings of the designated authority, the Central Government has imposed anti-dumping duty vide notification of the Government of India in the Ministry of Finance, Department of Revenue, No. 34/ 96-Cus. dated the 8th July, 1996 [GSR 271(E). dated the 8th July, 1996], published in Part II, sub-section (1) of section (3) of the Gazette of India, Extraordinary, dated the 8th July 1996;

And whereas the Central Government vide notification of the Government of India in the Ministry of Finance, Department of Revenue, No.59/96-Cus, dated the 21st August, 1996 [GSR 373(E), dated the 21st August, 1996], published in Part II, section 3, sub-section (1) of the Gazette of India Extraordinary dated the 21st August, 1996, amended the description of the article occurring in the said notification No.34/96-Cus, dated the 8th July, 1996 from �Dead Burnt Magnesite� to �Dead Burnt Magnesite (DBM) having MgO content ranging from 85% to 92%�;

And whereas the designated authority vide its final findings published in Part 1 section 1 of the Gazette of India Extraordinary, dated the 12th November, 1996, has arrived at conclusion that-

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

(ii)      the domestic industry has suffered material injury; and

(iii)     the injury has been caused to the domestic industry by the imports from People�s Republic of China;

Now therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) read with rules 18 and 20 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 on the basis of aforesaid final findings of the designated authority, hereby imposes on the said Dead Burnt Magnesite having MgO content ranging from 85% to 92% when exported by the exporters mentioned in column (2) of the Table annexed to this notification and imported into India, an anti-dumping duty at the rate specified in column (3) of the said Table.