MINISTRY OF COMEMRCE
(Anti Dumping Division)
New Delhi, the 27TH January, 1998
Subject:- Initiation of review anti-dumping duty imposed on Theophylline and Caffeine originating in or exported from the People’s Republic of China
No. 38/2/97-ADD.-The Designated Authority (hereinafter referred to as Authority) having regard to the Customs Tariff (Second Amendment) Act, 1982 and Custom Tariff (Identification, Assessment and Collection of Duty or Additional Duty on Articles and for Determination of injury) Rules, 1985 thereof recommended imposition of definitive Anti Dumping Duty on imports of Theophylline and Caffeine originating in or exported from China PR.
1. Product Under Consideration: The product under consideration is Theophylline and Caffeine. Theophylline is classified under custom sub-heading 2939.50, whereas Caffeine is classified under sub-heading 2939.30 of Schedule I of the Customs Tariff Act, 1975. The classification is, however, indicative only and is not binding on the scope of the present review.
2. Initiation of Anti-Dumping Investigation:- The Customs Tariff (Amendment) Act, 1995 and the rules made there under required the Authority to review, from time to time, the need for the continued imposition of Anti Dumping Duty recommended. The Designated Authority, therefore considers that the Anti Dumping Duty imposed by the Central Government in pursuant to the recommendations made by the Authority vide notification No. 142 dated 26th July, 1995 need be reviewed at the stage. .
3. Having decided to review the final findings notified vide No. 142 dated 26th July, 1995, the Authority hereby initiates investigations to review the need for continued imposition of the anti-dumping duty imposed on imports of Theophylline and Caffeine originating in or exported from China PR in accordance with the Customs Tariff (Amendment) Act, 1995 and the Customs Tariff (Identification, Assessment and Collection of Duty or Additional Duty on Articles and for Determination of injury)Rules, 1995.
4. This Review covers all aspects of Notification No. 142 dated 26th July, 1995.
5. Period of Investigation: The Period of investigation for the purpose of the present review is 1st Jan., 1997 to 31st Dec., 1997.
6. M/s. Bakul Aromatics and Chemicals Ltd., Mumbai, Kores (India) Ltd., Mumbai and Suven Pharmaceuticals Ltd., Hyderabad were considered as the domestic industry in the above referred notification of imposition of definitive anti-dumping duty. The Authority proposes to consider these companies as the domestic industry in accordance with the Rules supra.
7. Submission of Information: The exporters and importers known to be concerned and domestic industry are being informed separately to enable them to file all information relevant in the form of manner prescribed. Any other party interested to participate in the present investigation may write to:
(Anti Dumping Division)
Government of India
MINISTRY OF COMMERCE
New Delhi-101 011 (INDIA)
8. Time Limit : All information relating to the present review should send in writing so as to reach the Authority at the above address not later then 40 days from the date of publication of this notification. If no information is received within the prescribed time limit or the information received is incomplete, the Authority may record their findings on the basis of the facts available on record in accordance with the Rules supra.
9. Inspection of Public File: In terms of Rules 6 (7), any interested party may inspect the public file containing non-confidential version of the evidence submitted by other interested parties.
10. In case where an interested party refuses access to, or otherwise does not provide necessary information within a reasonable period, or significantly impeded the investigation, the Authority may record its findings on the basis of the facts available to it and make such recommendations to the central Government as deemed fit.
RATHI VINAY JHA, Designated Authority