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Anti-Dumping Duty: Theophylline and Caffeine export originating from
Peoples Republic of China
WHEREAS the designated authority
vide notification published in Part I, Section 1 of the Gazette of India,
Extraordinary, dated the 3rd day of March, 2000, had initiated review
in the matter of continuation of anti-dumping duty on Theophylline and Caffeine,
originating in, or exported from, People�s Republic of China, imposed vide
notification No. 14/99 - Customs, dated the 5th February, 1999 and
had requested for suitable extension of anti-dumping duty, pending the results
of the review investigations;
AND WHEREAS the Central
Government has extended the anti-dumping duty imposed on Theophylline and
Caffeine, originating in, or exported from, Peoples Republic of China vide
notification No. 29/ 2000-Customs, dated the 16th March, 2000, upto
and inclusive of 19th March, 2001, unless the notification is revoked
earlier;
AND WHEREAS the designated
authority vide notification published in Part I, Section 1 of the Gazette of
India, Extraordinary, dated the 1st December, 2000 has come to the
conclusion that -
(a)
Theophylline and Caffeine, originating in, or exported from, the
People�s Republic of China, has been exported below its normal value;
(b)
the domestic industry is suffering material injury from dumped imports of
subject goods from the People�s Republic of China;
(c)
the injury to the domestic industry would get intensified from imports
from the People�s Republic of China, in case the anti-dumping duty in force is
removed;
Now, therefore, in exercise of the powers conferred by sub-sections
(1) and (5) of section 9A of the said 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, on the basis of 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, originating in, or exported from, the People�s Republic of
China, and imported into India, an anti-dumping duty at the rate mentioned in
column (3) of the Table below.
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S. No.
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Name of the Product
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Amount of duty
(in US dollars 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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5.71
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2.
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Caffeine
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6.86
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Explanation: For the purposes of
this notification, �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 Customs
Act, 1962 (52 of 1962) 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.
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