Theophylline and Caffeine originating in, or exported from the People's Republic of China - Anti-dumping duty - 14/99 - Customs -Tariff

Theophylline and Caffeine originating in, or exported from the People's Republic of China - Anti-dumping duty Notification No. 14/99-Cus. Dated 5-2-1999 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 1, 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 the 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 1, 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 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-sections (1) and (6) of section 9A of the said Customs Tariff Act, 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 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 a 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. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 19th of March, 2000, unless the time limit is extended or the notification is revoked before such time, by notification published in the official gazette. 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 sections 3, 3A, 8B, 9 or section 9A, as the case may be, of the said Customs Tariff Act.