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. |
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. |
Sd/-
(G. D. Lohani)
Under Secretary to the Government of India