Ntf No. 09/2001-Cus Dated 31-01-2001

(This Ntf.has been rescinded vide Cus Ntf. No.83/2001 Dt.30/07/2001)

CUSTOMS NOTIFICATION No.09/2001 Dt. 31-01-2001.

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-

1. Theophylline and Caffeine, originating in, or exported from, the European Union, have been exported to India below their normal value;
   
   
2. the Indian industry has suffered material injury;
   
   
3. 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.

Table

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,-

1. “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 sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act.
   
   
2. “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.

Sd/-
(G.D. Lohani)
Under Secretary to the Government of India

(Final Anti-dumping duty of import of Theophylline and Caffeine, falling under Chapter 29 vide Customs Ntf No.82/2001 Dt.30/07/2001)