Govt.
of India, Ministry of Finance, Department of Revenue, New Delhi, Notification No.9 /
2001-Customs vide F.No.354/5/2001-TRU dated 31.01.2001
is reproduced below for guidance of Importers, Clearing Agents and Trading Public.
C16/4/2001
AP (PORT)
(T.S. JAYACHANDAR)
CUSTOM HOUSE, CHENNAI
ASST. COMMR. OF CUSTOMS(APPG.)
DATED: 05.03.2001
------------------------------------------------------------------------------------------------------------------------------------------------------- NOTIFICATION
No.9/2001-Customs
G.S.R. (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 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 -
(a) Theophylline
and Caffeine, originating in, or exported from, the European Union, have been exported to
India below their 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 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
30gth July, 2001, and shall be payable 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 sections 3, 3A, 8B, 9
and 9A of the said Customs Tariff Act.
(b) "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.
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