\ 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 16^th 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 28^th 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;

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" 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." .

[F No 354/79/99-TRU (Pt-II)]

G. D LOHANI. Under Secy.

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 7^th October, 1999, published in the Gazette

of India, Extraordinary, Part II, Section 3, Sub-section (l), dated the 4^th November, 1999, dated

the 4^th 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 27^th

January, 2000, [G.S.R. 68(E), dated the 27^th January, 2000] published in the Gazette of India,

Extraordinary, Part n, Section 3, Sub-section (I), dated the 27^th January, 2000, upto and inclusive

of the 26^th day of July, 2002;

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 8^th 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 27^th 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.

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 23^rd July 1996 , [ G.S. R. 289 (E) dated the 23^rd 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.

TABLE

S.No

(1)

Description of goods

(2)

(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.

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;

Condition No.

(3)

THE GAZETTE OF INDIA : EXTRAORDINARY

|PARI II—SEC. 3(i)]

(vi) Copper products falling under Chapter 74 and heading 85.44 of the First

Schedule to the said Act, and

(vii) Zinc Oxide .

(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

ANNF.XURH

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):

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:

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 -

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 5^th day

of March, 2003; and

ii)

does not exceed seventy per cent, in any subsequent time period , which commences on

the 6^th day of March in a given calendar year and ends on the 5^th 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.

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 6^th day of

March of a given calendar year and end on the 5^th day of March of the succeeding calendar year .

Illustration: The first time period shall commence on the 6^th day of March, 2002 and will end on the

5^th 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.

This notification shall come into force on the 16^th day of April, 2002.

[F.No. 552/25/2OO2-LC(Pt)]

VIVEK PRASAD, Under Secy.

NOTIFICATION

New Delhi, the 12th April. 2002

No. 41/2002-CUSTOMS

• o « ,°f^>R*^{2 8 2 ( E )}'~~^{to ex}crcise of the powers conferred by sub-section (1) of section 25 of the Customs Act,

1962 (52 ot 1962),

the Central Government, being satisfied that it is necessary in the public interest so to do

hereby makes the following amendment in the notification of the Government of India in the Ministry of Finance

( Department of Revenue) No 85/98-Customs, dated the 5^th November, 1998, namely:-

In the said notification, for paragraph 2, jhc following paragraph shall be substituted, namely:-

"2. The exemption contained in this notification shall be admissible to goods,-

manufactured in Nepal by small scale units which are eligible to be referred to as small

scale units under the Nepal Industrial Policy of 5^th December, 2001;

ii)

imported into India; and ,

subject to a certificate, as appended to this notification,

duly signed by an authorized

signatory on behalf of His Majesty's Government of Nepal, which is to be produced at the

time of import."

This notification shall come into force on the 16^th day of April 2fl0Z

IF. No. 552/25/2002-LC(Pt)]

VIVEK PRASAD, Under Secy.

Note: The principal notification was published in the Gazette of India Extraordinary vide G.S.R 656 (E) dated the

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: -

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.