9911796707
TMI Blog2000 (1) TMI 192X X X X Extracts X X X X X X X X Extracts X X X X ..... Authority which was notified by the Government of India. The main argument made by the appellant is that the Designated Authority did not fix the normal value of Magnesia correctly on actual data. The cost of electricity consumed in manufacture of Fused Magnesia was not properly assessed. If the cost of electricity which goes into the manufacture of Fused Magnesia was properly reckoned, the normal value would have been much more than that fixed by the Designated Authority. The difference between proper normal value and the export price, in the above situation would have been far more than that fixed by the Authority. Thus, fixation of the dumping margin was clearly erroneous and so the anti-dumping duty suggested by the Designated Authority and notified by the Govt. should require an upward revision. 3. The second appeal, namely, Appeal No. C/153/99-AD is at the instance of M/s. Indian Refractory Makers Association. As per this appellant, the Fused Magnesia that is imported from China is not an article like Sea Water Magnesia produced by M/s. Birla Periclase and so no anti-dumping duty could have been imposed on Fused Magnesia imported from China. 4. M/s. Birla Periclase is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ticle. In this view, it was contended that no anti-dumping action is to be initiated against Fused Magnesia imported from China PR. 6. Before us lengthy arguments have been advanced by domestic industry, namely, M/s. Birla Periclase, on the one hand and domestic consumers and Chinese manufacturers of Fused Magnesia, on the other hand, on the issue whether Sintered Magnesia manufactured by domestic industry and Fused Magnesia imported from China PR are like articles as defined in the Rules. Since the main argument was on the issue as to whether the article manufactured by domestic industry and whether the imported Fused Magnesia are like articles, we will take up that issue first. Like article is defined in Rule 2(d) of the Rules. It reads : (d) Like article means an article which is identical or alike in all respects to the article under investigation for being dumped in India or in the absence of such an article, another article which although not alike in all respects, has characteristics closely resembling those of the articles under investigation. This definition has two parts. First part takes in identical articles and articles alike in all respects to the article u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... article in the second limb of the definition. Fused Magnesia has characteristics closely resembling Sintered Magnesia. Both are used for withstanding high temperature. Both are having purity of 97% and both are MgO. So, they are having characteristics closely resembling each other. The chemical combination and characteristics closely resembling each other, nathely, the content of MgO, its purity and the capacity to withstand high temperature make Sintered Magnesia and Fused Magnesia like articles as defined in Rule 2(d) of the Rules. 8. In view of the above discussion, we overrule the contention raised by the appellant in Appeal No. C/153/99-AD, namely, M/s. Indian Refractory Makers Association, the domestic consumers of Fused Magnesia, that Sintered Magnesia and Fused Magnesia are different products and not like products coming under the definition in the Rule. This finding by itself will not be sufficient to support imposition of anti-dumping duty on fused Magnesia. For the assessment of anti-dumping duty, further examination into the injury that is caused to the domestic industry which makes Sintered Magnesia and the causal link of the import of Fused Magnesia on the product ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other evidence to support the contention that Sintered Magnesia can replace fused magnesia. Based on the available material alone, we are not in a position to hold that Sintered Magnesia and Fused Magnesia can be consumed interchangeably by refractory manufacturers. In view of this conclusion, it cannot be further said that they are interchangeable. 12. Dr. K.C. Agarwal, President of Birla Periclase in his article in IRMA Journal Volume XXVIII No. 2, 1995 observed : In the quest of producing denser minerals for refractory applications, there have been attempts to melt the mineral and make it dense monolith having near to its theoretical density. Fused Magnesia is one such classic refractory raw material produced by electro-fusion of Caustic or Sintered Magnesia. The development of Fused Magnesia dates back to early twentieth century and since then its superior refractory properties have been well acclaimed over the dead burnt or Sintered Magnesia. This shows that Fused Magnesia is a denser mineral for refractory applications. It has well marked advantage over Sintered Magnesia in refractory applications. So the imported Fused Magnesia cannot be taken as a substitute for ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
