Safeguard Duty on Phenol - 073/2001 - Safeguard Duty

Safeguard Duty on Phenol 28 th June, 2001 Notification No. 73/2001-Customs [A s amended by Notification No. 38/2002-Cus., dt. 12-4-2002 ] 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 12 th May, 1999, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated 11 th June, 1999 vide GSR 430(E), dated the 11 th 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 30 th June, 1999, [GSR 481(E), dated the 30 th June, 1999] published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 30 th June, 1999, upto and inclusive of the 29 th day of June, 2001; AND WHEREAS the Director General (Safeguards) vide its final findings in review, dated the 16 th May, 2001, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 20 th June, 2001 vide G.S.R.441 (E), dated the 20 th 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 of 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 -- a. 10%, when imported from the 30 th day of June, 2001 to the 29 th day of June, 2002 (both days inclusive); and b. 7%, when imported from the 30 th day of June, 2002 to the 29 th 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. Explanation .- In this notification, "Advance Licence" means,- (i) Quantity Based Advance Licence issued in terms of paragraph 50 of the Export and Import Policy 1 st April, 1992- 31 st March 1997 published vide public notice of the Government of India in the Ministry of Commerce, No. 1-ITC(PN)/ 92-97, dated the 31 st March, 1992, as amended from time to time, and endorsed with non-transferable and actual user condition; or (ii) Quantity Based Advance Licence issued in terms of paragraph 7.4 of the Export and Import Policy 1 st April, 1997- 31 st March 2002 published vide notification of the Government of India in the Ministry of Commerce No. 1/ 1997-2002, dated the 31 st March, 1997, as amended from time to time; or (iii) Annual Advance Licence issued in terms of paragraph 7.4A of the Export and Import Policy 1 st April, 1997- 31 st March 2002 published vide notification of the Government of India in the Ministry of Commerce No. 1/ 1997-2002, dated the 31 st March, 1997, as amended from time to time. F .No.354/79/99-TRU(Pt-II) (G.D.LOHANI) UNDER SECRETARY TO THE GOVERNMENT OF INDIA