REGD. NO. D. L.-33004/99 The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. 174] NEW DELHI, FRIDAY, APRIL 12, 2002/CHAITRA 22, 1924
1232 GI/2002
(1)\u__ _ THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC 3(i)]
MINISTRY OF FINANCE
(Department of Revenue)
NOTIFICATION
New Delhi, the 12th April, 2002
No. 38/2002-CUSTOMS
G.S.R. 279(E).— 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 16th May, 2001, published in the Gazette of India, Extraordinary, part n, Section 3, Sub-section (i), dated the 20* June, 2001 had 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;
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* June, 2001, [GSR 488(E), dated the 28th June, 2001] published in the Gazette of India, Extraordinary, Part n, Section 3, Sub-section (i), dated the 28* June, 2001, upto and inclusive of the 29* day of June, 2003;
3 AND WHEREAS the Director General (Safeguards) vide its final findings in review,
dated the 11th December, 2001, published in the Gazette of India, Extraordinary, Part II, Section
3, Sub-section (i), dated the 21" 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 28th 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." .
[F No 354/79/99-TRU (Pt-II)]
G. D LOHANI. Under Secy.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—Stc 3(i)]NOTIFICATION
New Delhi, the 12th April, 2002
No. 39/2002-CUSTOMS
G.S.R. 28(H£).— WHEREAS in the matter of import of Acetone, falling under sub- heading 2914.11 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), the Director General (Safeguards) vide its final findings, dated the 7th October, 1999, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (l), dated the 4th November, 1999, dated the 4th November, 1999 had come to the conclusion that increased imports of Acetone into India have threatened to cause serious injury to the domestic producers of Acetone and it would be in the public interest to impose safeguard duty for a period of two years and six months on imports of Acetone into India;
AND WHEREAS after considering the aforesaid final findings, the Central Government has imposed safeguard duty on Acetone vide notification No. 7/2000-Customs, dated the 27th January, 2000, [G.S.R. 68(E), dated the 27th January, 2000] published in the Gazette of India, Extraordinary, Part n, Section 3, Sub-section (I), dated the 27th January, 2000, upto and inclusive of the 26th day of July, 2002;
5 AND WHEREAS the Director General (Safeguards) vide its final findings jn review, dated the 4* February, 2002, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 8th February, 2002 has come to the conclusion that the share of imports of Acetone into India from South Africa and Singapore during the period April-October, 2001 has been 3% or more and recommended that imports of Acetone into India from 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. 7/2000-Customs, dated the 27th January, 2000, 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 South Africa and Singapore." .
[F No 354/171/99-TRU]
G D. LOHANI. Under Secy.
g _ _ _ _^ - ^ _ _ _ J H E L ^ * ir r EQF Ii^A_^T^AORDINARY_ fPARr II—SEC. 3(i)] _j8 THE GAZETTE OF INDIA : EXTRAORDINARY [PAR r II—SEC. 3(i)] 910 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEP. 3(i)] 11
NOTIFICATION
New Delhi, the 12th April, 2002
No. 40/2002-CUSTOMS
G.S.R 281(E)-4jn exercise of the powers conferred by section 3A of the Customs Tariff Act, 1975 (51 of 1975), (hereinafter referred to as the said Act) read with sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), and in supersession of the notification of the Government of India in the Ministry of Finance( Department of Revenue) No. 37/96-Customs, dated the 23rd July 1996 , [ G.S. R. 289 (E) dated the 23rd July, 1996], except as respects things done or omitted to be done before such supersession , the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts goods specified in column(2) of the Table below and falling within the First Schedule to the said Act, when imported into India from Nepal, -
(a) from the whole of the duty of customs leviable thereon underthe said First Schedule to the said Act, and
(b) from the whole of the special additional duty leviable thereon under section 3A of the said Act,
subject to the conditions, if any, specified in the Annexure to this notification, the Condition No. of which is mentioned in the corresponding entry in column( 3 ) of the said Table.
Provided that the exemption from special additional duty shall not be applicable in case of imports of vanaspati, acrylic yarn and winding/insulated wires of copper.
| S.No | Description of goods | Condition No. |
| (1) | (2) | (3) |
| 1. | (i) Agricultural, horticultural and forest produce and minerals which have not undergone any processing; (ii) Rice, pulses and flour; (iii) Timber; (iv) Jaggery (gur and shakkar); (v) Animals, birds and fish; (vi) Bees, bees-wax and honey; (vii) Raw wool, goat hair and bones as are used in the manufacture of bone-meal; (viii) Milk, home-made products of milk and eggs; (ix) Ghani-produced oil and oil-cakes; (x) Ayurvedic and herbal medicines; (xi) Articles produced by village artisans as are mainly used in villages; (xii) Yak tail; (xiii) Akra. | 1 |
| 2. | All manufactured goods other than the following: - (i) Alcoholic Liquors or beverages and their concentrates, other than beer and Industrial spirits; (ii) Perfumes and cosmetics with non-Nepalese or non-Indian brand names; (iii) Cigarettes and Tobacco; (iv) Vegetable fats (Vanaspati); (v) Acrylic Yam; | 2 |
| (vi) Copper products falling under Chapter 74 and heading 85.44 of the First Schedule to the said Act, and (vii) Zinc Oxide . | ||
| 3. | (i) Vegetable fats (Vanaspati); (ii) Acrylic Yam; (iii) Copper products falling under Chapter 74 and heading 85.44 of the First Schedule to the said Act, and (iv) Zinc Oxide. | 2 and 3 |
| Condition No 1. 2. | Condition | |
| If the goods are wholly produced in Nepal. | ||
| A (l)The goods are manufactured in Nepal wholly from Nepalese materials or Indian materials or Nepalese and Indian materials; or (2) The goods involve a manufacturing process in Nepal that brings about a change in classification at four digit level of the Harmonised Commodities Description and Coding System, different from those, in which all the third country origin materials used in the manufacture of such goods are classified and the manufacturing process is not limited to insufficient working or processing as indicated in the illustrative list below: (i) Operations to ensure the preservation of articles in good condition during transport and storage (e.g., ventilation, spreading out, drawing, chilling, placing in salt, sulphur-dioxide or other aqueous solutions, removal of damaged parts and like operations); (ii) Operations consisting or removal of dust, sifting or screening, sorting, classifying, matching (including the making up of sets), washing, painting, cutting up; (iii) Changes of packing and breaking up and assembly of consignments; (iv) slicing, cutting, slitting, re-packing, placing in bottles or flasks or bags or boxes or other containers, fixing on cards or boards, etc., and all other packing or re-packing operations; (v) The affixing of marks, labels or other like distinguishing signs on articles or their packaging; (vi) Mixing of articles, whether or not of different kinds, where one or more components of the mixture do not meet the conditions laid down in para 1 (b) of Protocol to the Article V of the Treaty of Trade between His Majesty's Government of Nepal and the Government of India to enable them to be considered as manufactured or produced or made in Nepal; (vii) Assembly of parts of an articles to constitute a complete article, (viii) A combination of two or more operations specified in (i) to (vii) above. B. The importer produces a certificate of origin in the Form indicated below, duly certified by an agency designated by His Majesty's Government of Nepal, in respect of the consignment, to the satisfaction of the Assistant Commissioner of Customs or Deputy Commissioner of Customs , as the case may be, that such goods have in fact been manufactured in Nepal. FORM OF CERTIFICATE OF ORIGIN Certificate of origin for exports free of customs duties under the Treaty of Trade between His Majesty's Government of Nepal and the Government of India Reference No. 1. Articles consigned from (Exporter's business name, address); 2. Articles consigned to (Consignee's name, address): |
13 3. Means of transport and route: 4. Item number (HS Tariff Line): 5. Marks and number of package: 6. Description of Articles: 7. Gross weight or other quantity : 8. Number and date of Invoice together with value: 9. Ex-Factory price* of the articles manufactured in Nepal:
* 'Ex-factory price' means the price of the product at the time of the clearance from the factory gate. 10. (i) Whether articles are manufactured in Nepal under Para l(a) of the Protocol to Article V of the Treaty of Trade (Yes/No);
(ii) If articles are manufactured in Nepal under Para 1 (b) (i) and (ii) of the Protocol to Article V of the Treaty of Trade:
(A) CIF value of materials, parts or produce originating from Non-Contracting Parties (i.e. other than Nepal and India) at the point of entry in Nepal :- (B) Value of materials, parts or produce of undetermined origin:-
11. Percentage of the sum of the value of col. 10(ii) (A) and (B) to the value of col. 9: 12. Declaration by the exporter: The undersigned hereby declares that the details furnished above are correct, that the articles are produced in Nepal and that they comply with the Rules of Origin specified in the Treaty of Trade between His Majesty's Government of Nepal and Government of India,
(Place and Date, Signature of authorised signatory) 13. Certification:
It is certified that the articles herein referred to are eligible for preferential treatment as per provisions of the Treaty of Trade between His Majesty's Government of Nepal and the Government of India. It is further certified that: 1. The articles have been manufactured in Nepal at a factory situated at (name of place/district) by M/s. (name of the company). 2. The articles involve manufacturing activity in Nepal and that the manufacturing activity satisfies the criteria given in the Protocol to Article V of the Treaty of Trade. 3. The articles in question are not products of third country origin.**
For His Majesty's Government of Nepal (Place and date. Signature and Stamp of Certifying Authority) **For the purpose of the above Item No. 3, the articles which have undergone a manufacturing process in Nepal as defined in the Protocol to Article V of the Treaty will not be treated as product of third country origin.
14. For official use of Indian Customs: The consignment has been examined and allowed to be imported into India as it complies with the provisions as stipulated under Article V of the Treaty of Trade between His Majesty's Government of Nepal and Government of India.
Signature and Seal of the Certifying Authority.
Dated: Place:
14 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(i)]| C The products worked on or processed as a result of which the total value of materials, parts or produce originating from countries other than India or Nepal or of undetermined origin used - i) does not exceed seventy five per cent, of the ex-factory price of trie articles imported in the time period beginning from the 6 th day of March, 2002, and ending on the 5th day of March, 2003; and ii) does not exceed seventy per cent, in any subsequent time period , which commences on the 6th day of March in a given calendar year and ends on the 5th day of March of the subsequent calendar year ; and iii) the final process of manufacture is performed in Nepal, Explanation - For the purpose of this notification, the value of materials, parts or produce originating from countries other than India or Nepal shall be the CIF value at the time of importation of materials, parts or produce, at the point of entry in Nepal, where this can be proven to the satisfaction of the Assistant Commissioner of Customs or Deputy Commissioner of Customs, or the earliest ascertainable price paid for the materials, parts or produce of undetermined origin in Nepal where the working or processing takes place. | |
| 3. | A The exemption shall apply only to a specified quantity of imports , not exceeding i) 100,000 MT in case of Vegetable fats (Vanaspati); ii) 10,000 MT in case of Acrylic Yarn; iii)7,500 MT in case of Copper products falling under Chapter 74 and heading 85.44 of the First Schedule to the Customs Tariff Act, 1975(51 of 1975) and iv)2,500 MT in case of Zinc Oxide , in a time period , which shall commence from the 6th day of March of a given calendar year and end on the 5th day of March of the succeeding calendar year . Illustration: The first time period shall commence on the 6th day of March, 2002 and will end on the 5th day of March, 2003. B. The imports shall be permitted only through the land customs stations at Kakarbhitta/Naxalbari, Biratnagar/Jogbani, Birganj/Raxaul, Bhairwaha/Nautanwa, Nepalgunj/Nepalgunj Road and Mahendranagar/Banbasa. C. The importer shall follow the procedure as may be specified by the Government of India from time to time. |
2. This notification shall come into force on the 16th day of April, 2002.
[F.No. 552/25/2OO2-LC(Pt)]
VIVEK PRASAD, Under Secy.
15
NOTIFICATION
New Delhi, the 12th April. 2002
No. 41/2002-CUSTOMS
16 THE GAZETTE OF INDIA; EXTRAORDINARY [PART II—SEC. 3(i)]NOTIFICATION
New Delhi, the 12th April. 2002
No. 42/2002-CUSTOMS
G.S.R. 283(E).—WHEREAS, the designated authority, vide notification published in the Gazette of India, Extraordinary, No. 26/1/2001-DGAD, dated the 7th August, 2001, Part I, Section 1, has initiated sunset review in the matter of continuation of anti-dumping duty on Acrylic Fibre falling under Chapter 55 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, USA, Korea RP and Thailand, imposed vide notification No. 72/2001-Customs, dated the 28th June, 2001 and has requested for suitable extension of anti-dumping duty, pending the results of investigations;
NOW, therefore, in exercise of the powers conferred by sub-sections (1), (5) and (6) of section 9A of the said Act, read with rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti- dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government hereby makes the following amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 72/2001-Customs, dated the 28th June, 2001, namely:-
In the said notification, for paragraph 2, the following paragraph shall be substituted, namely: - "2. The anti-dumping duty imposed under this notification shall be effective upto anAinclusiveof4h© 24th day of October, 2002, unless the time limit is extended or the notification is revoked before such time, by notification published in the Official Gazette." .
[F. N. 154/48/2002-TRU1
G. D. LOHANI. Under Secy.
Footnote: The principal notification No. 72/2001-Customs, dated the 28th June, 2001 was published in he Gazette of India, Extraordinary, vide number G.S.R. 487 (E), dated the 28th June, 2001.
Pruned In the Muiwgcr, Govt. of India Pi ess. Ring Road. Mayiipuri. N"% Delhi-110064 and Published by the Controller ut Publications, Delhi-110054.