Anti-dumping duty on Theophylline and Caffeine, originating in, or exported from, People’s Republic of China

CUSTOMS NOTIFICATION No.3/2001 Dated 22^nd January, 2001
Anti-dumping duty on Theophylline and Caffeine, originating in, or exported from, People’s Republic of China

WHEREAS the designated authority vide notification published in Part I, Section1 of the Gazette of India, Extraordinary, dated the 3^rd day of March, 2000, had initiated review in the matter of continuation of anti-dumping duty on Theophylline and Caffeine, originating in, or exported from, People’s Republic of China, imposed vide notification No.14/99-Customs, dated the 5^th February, 1999 and had requested for suitable extension of anti-dumping duty, pending the results of the review investigations;

AND WHEREAS the Central Government has extended the anti-dumping duty imposed on Theophylline and Caffeine, originating in, or exported from, People’s Republic of China vide notification Nos. 29/2000-Customs, dated the 16^th March, 2000, upto and inclusive of 19^th March, 2001, unless the notification is revoked earlier;

AND WHEREAS the designated authority vide notification published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 1^st December, 2000 has come to the conclusion that –

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of the said Customs Tariff Act, 1975 (51 of 1975), read with rule 23 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 Chapter 29 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the People’s Republic of China, and imported into India, an anti-dumping duty at the rate mentioned in column (3) of the Table below.

Table

S.No.	Name of the Product	Amount of duty (in US dollars per kilogramme)
(1)	(2)	(3)
1.	Theophylline	5.71
2.	Caffeine	6.86

Explanation.- For the purposes of this notification, “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 Customs Act, 1962 (52 of 1962) 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.

(a)	Theophylline and Caffeine, originating in, or exported from, the People’s Republic of China, has been exported below its normal value;

(b)	the domestic industry is suffering material injury from dumped imports of subject goods from the People’s Republic of China;

(c)	the injury to the domestic industry would get intensified from imports from the People’s Republic of China, in case the anti-dumping duty in force is removed;