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Notification No. 73 dated 28th June 2001
(As
amended by Notification No. 38 dated 12th April 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 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 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).
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 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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