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Anti-dumping duty: Theophylline and Caffeine originating export from
China PR
WHEREAS in the matter of import of
Theophylline and Caffeine falling under Chapter 29 of
the First Schedule to the Customs Tariff Act, 1975(51 of 1975, originating in or
exported from the Peoples Republic of China, the Designated Authority vide its
final findings, published in the Gazette of India Extraordinary, Part-I,
Section-I, dated the 27th August 1995 had come to the conclusion that-
(a) exporters
from the People�s Republic of China have sold Theophylline and Caffeine in
India, below normal value;
(b) The
Indian industry has suffered material injury;
(c) the
imports caused material injury to the Indian industry
AND WHEREAS on the basis of the
aforesaid findings of the Designated Authority, the Central Government has
imposed anti- dumping duty vide notification no.152/95-Customs, dated the 20th
October 1995 [G.S.R.691 (E), dated the 20th October, 1995] published in Part-II,
Section-3, sub-section (i) of the Gazette of India Extraordinary, dated the 20th
October 1995;
AND WHEREAS the Designated
Authority vide its final findings in review, published in the Gazette of India
Extraordinary, Part-I Section-1, dated the 12 November 1998 has concluded that-
(a) Theophylline
and Caffeine originating in or exported from the People�s Republic of China,
has been exported to India below its normal value;
(b) the
domestic industry would suffer material injury in case the anti-dumping duty in
force is removed;
(c) the
injury to the domestic industry would be caused from imports from People�s
Republic of China in case the anti-dumping duly in force is removed.
Now, therefore, in exercise of the
powers conferred by sub-section (1) and (6) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), read with 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
after considering the aforesaid findings of the Designated Authority, hereby
imposes on Theophylline and Caffeine, falling under Chapter 29 of
the First Schedule to the said Customs Tariff Act, 1975(51 of 1975, originating
in, or exported from, the Peoples Republic of China and imported into India, an
anti-dumping duty at a rate which is equivalent to the difference between the
amounts mentioned in column 3 of the Table below and the landed value of imports
per Kg.
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Sl. No.
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Name of
Product
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Amount
per Kg. (Rs. per Kg.)
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(1)
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(2)
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(3)
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1.
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Theophylline
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562.55
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2.
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Caffeine
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594.50
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This notification shall be in force
up to and inclusive of the 19th day of March 2001, unless the
notification is revoked earlier.
Explanation- For the purposes of this
notification �landed value� means the assessable value as determined under
the Customs Act, 1962 (52 of 1962) and includes all duties of customs except
customs duties levied under section 3, 3A, 8B, 9 or section 9A, as
the case may be, of the said Customs Tariff Act.
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