(Rescinds vide Ntf. No. 04/2001- Cus, Dt.22-01-2001)

Cus Ntf No.14/1999 Date 5-2-99

Anti-Dumping duty on Theophylline & Caffeine Exported from PR Of China
GSR (E) 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 Peoples Republic of China, the Designated Authority vide its final findings, published in the Gazette of India Extraordinary, Part I, Section I, dated the 7th August, 1995 had come to the conclusion that :-

(a) exporters from the People's Republic of China have sold Theophylline and Caffeine in India, below normal value;

(b) the Indian industry has suffered material injury;

(c) the imports caused material injury to the Indian Industry;

AND WHEREAS on the basis of the aforesaid findings of the Designated Authority, the Central Government has imposed anti-dumping duty vide notification No. 152/95-Customs, dated the 20th October, 1995 [G. S. R. 691(E), dated 20th October, 1995], published in Part II, Section 3, Sub-section (i) of the Gazette of India Extraordinary, dated the 20th October, 1995;

AND WHEREAS the Designated Authority vide its final findings in review,published in the Gazette of India Extraordinary Part I, Section I, dated the 12th November, 1998 has concluded that-

(a) Theophylline and Caffeine originating in or exported from the Peoples Republic of China, has been exported to India below its normal value;

(b) the domestic industry would suffer material injury in case of the anti-dumping duty in force is removed

(c) the injury to the domestic industry would be caused from imports from Peoples Republic of China in case the anti-dumping duty in force is removed.

Now, therefore,in exercise of the powers conferred by sub-section (1) and (6)of section 9A of the said Customs Tariff Act, read with rule 23 of the Customs Tariff Act. (Identification, Assessment and Collection of Anti dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government after considering 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 Peoples Republic of China and imported into India, an anti-dumping duty at the rate which is equivalent to the difference between the amounts mentioned in column 3 of the Table below and the landed value of imports per kg.

TABLE

Sl.No.	Name of Product	Amount per Kg (Rs. per Kg)
(1)	(2)	(3)
1.	Theophylline	562.55
2.	Caffeine	594.50

2. This notification shall be in force upto and inclusive of the 19th day of March, 2001, unless the notification is revoked earlier.

(Para 2. has been substituted vide Customs Notification No. 29/2000 dt. 16th March, 2000)

Explanation :

For the purposes of this notification, "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 or section 9A,as the case may be, of the said Customs Tariff Act.

(Srinivas Tata)
Under Secretary to the Government of India

(Please see Cus Ntf.No.3/2001 dt.22/01/2001)

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