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Anti-Dumping Duty: Theophylline and caffeine export originating from
European Union
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, had 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;
AND
WHEREAS on the basis of the aforesaid findings of the designated authority, the
Central Government had imposed an anti-dumping duty vide notification of the
Government of India in the Ministry of Finance (Department of Revenue),
No.9/2001-Customs, dated the 31st January, 2001 [G.S.R. 46(E), dated
the 31st January 2001], published in Part ll, Section 3, Sub-section
(i) of the Gazette of India, Extraordinary, dated the 31st January,
2001;
AND
WHEREAS the designated authority vide its final finding published in the Gazette
of India, Extraordinary, Part l, Section 1, dated the 26th June, 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 (1) and (5) of section
9A of the said Customs Tariff Act, read with rule 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 the aforesaid findings of the designated authority, hereby
imposes on Theophylline and Caffeine, falling under sub-heading Nos. 2939.59 and
2939.30 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.
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Name
of the Territory/ country
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Name
of the Product
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Amount
(in US dollar per metric tonne)
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(1)
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(2)
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(3)
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European Union (all
member countries)
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(i) Theophylline,
its salts and its derivatives
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10686
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(ii) Caffeine, its
salts and its derivatives
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11486
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(iii) Caffeine
(100% purity)
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11486
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(iv) Natural Crude
Caffeine (with Caffeine content less than 100%)
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11486,
reduced in proportion to the Caffeine content.
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Illustration:
For Natural Crude Caffeine, with Caffeine content of 50%, the amount mentioned
in column (3) above, shall be taken as 50% of US$ 11486, i.e. US$ 5743.
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2. The
anti-dumping duty imposed under this notification shall be levied with effect
from the date of importation of the provisional anti-dumping duty, i.e. the 31st
January 2001, and shall be paid 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 such
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 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.
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