Custom Notification No. 38 dated 12^th April 2002

WHEREAS in the matter of import of Phenol, falling under sub-heading 2907.11 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), 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 had come to the conclusion that the domestic procedures 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;

AND WHEREAS after considering the aforesaid final findings in review, the Central Government has imposed safeguard duty on Phenol vide notification No. 73/ 2001-Customs dated the 28^th June 2001, [GSR 488(E), dated the 28^th June 2001] published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 28^th June 2001, upto and inclusive of the 29^th day of June 2003;

AND WHEREAS the Director General (Safeguards) vide its final findings in review, dated the 11^th December, 2001, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 21^st January 2002 has come to the conclusion that the share of imports of phenol into India from Malaysia, South Africa and Singapore during the period April-September, 2001 has been 3% or more and recommended that imports of Phenol into India from Malaysia, South Africa and Singapore be subjected to safeguard duty leviable thereon;

NOW THEREFORE, in exercise of powers conferred by sub-section (1) of section 8B of the said Customs Tariff Act, read with sub-section (6) thereof and 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 makes the following amendment in the said notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 73/2001-Customs, dated the 28^th June 2001, except as respects things done or omitted to be done before such amendment, namely :-

In the said notification, in paragraph 2, for clause (b), the following clause shall be substituted, namely: -

�(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�.