Anti-Dumping Duty: Theophylline and Caffeine export originating from
European Union
This
notification has been rescinded by the Notification no. 83 dated 30th
July 2001.
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 European Union, the designated authority
vide its preliminary findings, published in the Gazette of India, Extraordinary,
Part I, Section 1, dated the 2nd January, 2001, has come to the
conclusion that -
(a) Theophylline and Caffeine, originating
in, or exported from, the European Union, have been exported to India below
their normal value;
(b) the Indian industry has suffered material
injury;
(c) the injury has been caused by imports
from the European Union;
Now,
therefore, in exercise of powers conferred by sub-section (2) of section 9A of
the said Customs Tariff Act, read with rule 13 and rule 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 the aforesaid findings of the designated authority, hereby
imposes on Theophylline and Caffeine, falling under sub-heading Nos. 2939.30 and
2939.50 respectively, of the First Schedule to the said Customs Tariff Act,
originating in, or exported from, the European Union, and when imported into
India, an anti-dumping duty at the rate which is to be calculated as the
difference between the amount mentioned in column (3) of the Table below and the
landed value of such imported Theophylline and Caffeine per metric tonne.
|
Territory
|
Product
|
Amount in US
dollar per metric tonne
|
|
(1)
|
(2)
|
(3)
|
|
European Union (all
member-countries)
|
Theophylline
|
10686
|
|
Caffeine
|
11486
|
2. The anti-dumping duty
imposed under this notification shall be effective upto and inclusive of the day
of 30th July 2001, and shall be payable in Indian currency.
Explanation:
For the purposes of this notification, -
(a)
�landed value� means the assessable value as determined under the Customs
Act, 1962 (52 of 1962) and includes all duties of Customs except duties levied
under section 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act.
(b)
�rate of exchange� applicable for the purposes of calculation of
anti-dumping duty shall be the rate which is specified in the notification of
the Government of India in the Ministry of Finance (Department of Revenue),
issued from time to time, in exercise of the powers under sub-clause (i) of
clause (a) of sub-section (3) of section 14 of the said Customs Act, and the
relevant date for the determination of the �rate of exchange� shall be the
date of presentation of the bill of entry� under section 46 of the said
Customs Act.
|