This Notification has been Expired on 29/6/2003
Notification No. 73/2001-Cus Dated 28-06-2001
Safeguard duty on import of phenol.- WHEREAS in
the matter of import of Phenol, falling under sub-heading No.2907.11 of the
First Schedule to the Customs Tariff Act, 1975 (51 of 1975), the Director
General (Safeguards) vide its final findings, dated the 12th May, 1999,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) dated 11th, June, 1999 vide GSR 430(E), dated the 11th June,
1999 had come to the conclusion that increased imports of Phenol into India were
threatening to cause serious injury to the domestic producers of Phenol and it
would be in public interest to impose safeguard duty for a period of two years
on import of Phenol into India;
AND WHEREAS after considering the aforesaid final findings of the Director
General (Safeguards), the Central Government has imposed safeguard duty on
Phenol vide notification No 82/99-Customs, dated the 30th June, 1999 [GSR
481(E), dated the 30th June, 1999] published in the Gazette of India
Extraordinary, Part II, Section 3, Sub-section (i), dated the 30th June, 1999,
upto an inclusive of the 29th day of June. 2001;
AND WHEREAS the Director General (Safeguards) vide its final findings review,
dated the 16th May,2001 published in the Gazette of India, Extraordinary, Part
II, Section 3, Sub-section (i), dated the 20th June 2001 vide GSR 441(E), dated
the 20th June, 2001 has come to the conclusion that the domestic producers of
Phenol are facing a continued threat of serious injury from Imports of Phenol
and they would require a further period of two years to substantially complete
their restructuring plan and it would be in the public interest to continue
safeguard duty for a further period of two years on imports or Phenol into
India;
Now therefore, in exercise of powers conferred by sub-sections (1) and (4) of
section 8B of the said Customs Tariff Act, read with rule 18 of Customs Tariff
(Identification and assessment of Safeguard Duty) Rules, 1997, the Central
Government after considering the aforesaid final findings in review, hereby
imposes on Phenol, falling under sub-heading number 2907.11 of the First
Schedule to the said Customs Tariff Act, when imported into India, a safeguard
duty at the rate of-
10%, when imported from the 30th day of June. 2001 to the 29th day of June, 2002 (both days inclusive); and
7%, when imported from the 30th day of June, 2002 to the 29th day of June, 2003 (both days inclusive).
2 Nothing contained in this notification shall apply to imports of Phenol made -
a)
under an Advance Licence, subject to the condition that the said Phenol shall
not be disposed of or utilized in any manner except for utilization in
discharge of export obligation, or for replenishment of article so utilized
and the article so replenished shall not be sold or transferred to any other
person;
(b) from countries notified as developing countries under clause (a) of
sub-section (6) of section 8B of the said Customs Tariff Act, other than
Malaysia, South Africa and Singapore.
(In paragraph 2,clause(b)has been substituted vide Cus Ntf No.38/2002 date
12/04/2002)
[OLD (b) from countries notified as developing countries under clause
(a) of sub-section (6) of section 8B of the said Customs Tariff Act.]
Explanation.- In this notification, "Advance Licence" means,-
Quantity
Based Advance Licence issued in terms of paragraph 50 of the Export and
Import Policy 1st April, 1992- 31st March 1997 published vide public notice
of the Government in the Ministry of Commerce, No.1 ITC (PN)/92-97, dated
the 31st March, 1992, as amended from time to time, and endorsed with
non-transferable and actual user condition; or
Quantity
Based Advance Licence issued in terms of paragraph 7.4 of the Export and
Import Policy 1st April, 1997- 31st March 2002 published vide notification
of the Government of India in the Ministry of Commerce No 1/1997-2002, dated
the 31st March, 1997, as amended from time to time; or
Annual Advance Licence issued in terms of paragraph 7.4A of the Export and Import Policy 1st April, 1997- 31st March 2002 published vide notification of the Government of India in the Ministry of Commerce No 1/1997-2002, dated the 31st March, 1997, as amended from time to time.
as amended by Notification No.38/2002-Cus dt 12-4-2004.