Safeguard Duty on Phenol

Ntfn 73            Whereas in the matter of import of Phenol,
28.06.2001      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 be in public it would be in public interest to impose safeguards 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 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 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., Malaysia, South Africa and Singapore.

        [Inserted by 38/12/04/2002]

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

        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

(ii)   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.