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OFFICE
OF THE COMMISSIONER OF CUSTOMS, |
PUBLIC
NOTICE NO. 291 /2001
Government of India, Ministry of
Finance, Department of Revenue, New Delhi, Notification No.30/2001-C EX vide F.No.354/5/2001-TRU
dated 30.07.2001, is reproduced below for the guidance of the importers,
clearing agents and trading public.
Sd/-
C16/5/2001-AP (PORT)
(S. SANKARAVADIVELU)
CUSTOM HOUSE, CHENNAI-1. Dy. COMMISSIONER OF CUSTOMS
(APPG)
DATE: 08.11.2001
Notification No. 82/2001-Customs
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. 2939.30 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
|
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.
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