Safeguard Duty of 15% Applicable on Phthalic Anhydride for the Period of 1 July to 31 Dec 2009

Ntfn 75 Whereas, in the matter of import of Phthalic anhydride (hereinafter referred as the subject goods), falling under tariff
30.06.2009 item 2917 35 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the
said Act), the Director General (Safeguard), in preliminary findings vide number G.S.R.3 (E), dated the 1st January, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 1st January, 2009, had come to the conclusion that increased imports of Phthalic anhydride into India had caused and threatened to cause further serious injury to the domestic producers of Phthalic anhydride and it had necessitated for imposition of provisional safeguard duty on imports of  Phthalic anhydride into India;

And whereas, on the basis of the aforesaid findings of the Director General (Safeguard), the Central Government had imposed provisional safeguard duty on imports of the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 9/2009-Customs, dated the 29th January, 2009, published in the Gazette of India vide number G.S.R.55(E), dated the 29th January, 2009;

And whereas, the Director General (Safeguard) in its final findings vide number G.S.R. 366(E), dated the 28th May, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 28th May, 2009 has come to the conclusion that increased imports of Phthalic anhydride into India has caused and threatened to cause further serious injury to the domestic producers of Phthalic anhydride and it necessitates to impose provisional safeguard duty on imports of  Phthalic anhydride into India, and has recommended the imposition of safeguard duty on imports of the subject goods into India;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 8B of the said Act, read with rules 12 and 14 of the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997, the Central Government after considering the said findings of the Director General (Safeguards), hereby imposes on Phthalic anhydride, falling under tariff item 2917 35 00  of the First Schedule to the said Act, when imported into India, a safeguard duty at the rate of -

(a) 25% ad valorem, when imported from the 29th day of January, 2009 to 30th day of June, 2009 (both days inclusive); and

(b) 15% ad valorem, when imported from the 1st day of July, 2009 to 31st dayof December, 2009 (both days inclusive).

2. Nothing contained in this notification shall apply to imports of Phthalic anhydride from countries notified as developing countries under clause (a) of sub-section (6) of section 8B of the said Act, other than Pakistan, Indonesia and Thailand.

[F. No.354/10/2009-TRU]