DESIGNATED AUTHORITY Vs. INDIAN REFRACTORY MAKERS ASSOCIATION

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) Parties are agreed that no reasons be recorded for setting aside the impugned order.

(3.) Even though the impugned order is being set aside without giving any reasons we record that one of the contentions raised by the respondents was that the only, Indian manufacturer of Sintered Magnesia viz. Birla periclase has already closed its operations and, therefore, the continuation of the anti- dumpting duty can serve no purpose. Without going into the merits of this controversy, we direct that the Designated Authority may consider the factual position and assess whether the closure of the factory of Birla Periclase factory (which was manufacturing Sintered magnesia) was a result of the dumping carried out by the Chinese exporters of fused magnesia or not and whether the closure was subsequent to the investigation or prior thereto. The Designated Authority will also consider whether in the facts and circumstances of the case, the continuation of anti-dumping duty is justified. Depending upon its view in the matter, the designated Authority may consider whether levy of the anti-dumping duty should be reviewed and, if so, from what date.