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OFFICE OF THE
COMMISSIONER OF CUSTOMS, |
PUBLIC
NOTICE NO. 251 /2001
Government of India, Ministry of
Finance, Department of Revenue, New Delhi, Notification No.73 /2001-CUS vide F.No.354/79/99-TRU(Pt-II)
dated 17.04.201, is reproduced below for the guidance of the importers,
clearing agents and trading public.
Sd/-
C16/33/99-AP (PORT)
(S. SANKARAVADIVELU)
CUSTOM HOUSE, CHENNAI-1. Dy. COMMISSIONER OF CUSTOMS
(APPG)
DATE: 22.10.2001
Notification No. 73/2001-Customs
G.S.R.
(E)- 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 and inclusive of the 29th day of June, 2001;
AND
WHEREAS the Director General (Safeguards) vide its final findings in
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 G.S.R.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 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 30th day of June,
2001 to the 29th day of June, 2002 (both days inclusive); and
b.
7%, when imported from the 30th day of June, 2002
to the 29th day of June, 2003 (both days inclusive).
3.
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.
Explanation.- In this
notification, "Advance Licence" means,-
(i)
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 of India 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
(ii)
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
(iii)
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.
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