Customs Ntf No.82/2001 Dt.30/07/2001

Customs Ntf No.82/2001 Dt.30/07/2001

Anti-dumping duty of import of Theophylline and Caffeine, falling under Chapter 29
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 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 II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 31st January, 2001;

AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, 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 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 the powers conferred by sub-sections (1) and (5) of section 9A of the said Customs Tariff Act, read with rules 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 final 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.

(In this Notification bold figures has been substituted vide Cus Ntf No.135/2001 Dt.31/12/2001)

Table

Name of the territory/country	Name of the product	Amount (in US dollar per metric tonne)
(1)	(2)	(3)
European Union (all member countries)
	(i) Theophylline, its salts and its derivatives	10686
	(ii) Caffeine, its salts and its derivatives	11486
	(iii) Caffeine (100% purity)	11486
	(iv) Natural crude Caffeine (with Caffeine content less than 100%)	11486, reduced in proportion to the Caffeine content

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.

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition 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 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.

G.D.Lohani
Under Secretary to the Government of India

F.No.354/5/2001-TRU (Pt-II)