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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART I—Section 1

PUBLISHED BY AUTHORITY

No. 230] NEW DELHl, SATURDAY, DECEMBER 7. 1968/AGRAHAYANA 16, 1890

Separate pagingisgiventothisPartinorderthatitmaybefiled

as a separate compilation.

MINISTRY OF COMMERCE

RESOLUTION

TARIFFS

New Delhi, the 7th December 1968

No. 14(1)-Tar/68.—The Tariff Commission has submitted its Report on the continuance of protection to the Dyestuff Industry on the basis of an inquiry undertaken by it under Sections l l ( e) and 13 of the Tariff Commission Act, 1951. Its recommendations are as follows:—

(1) Finished dyestuffs have now reached a stage where they can dispense with tariff protection. Therefore protection granted to the dyestufl industry covered by I.C.T. Nos. 30(l)(b)(i); 30(l)(b)(ii); 30(15) and 30(16) need not be con- tinued beyond 31st December, 1968. However, since in the foreseeable future quantitative control over imports is likely to continue, the industry may be deemed to be protected within the meaning of Section 11 (a) of the Tariff Commission Act 1951 and be subject to periodical reviews in order to ensure that it does not take undue advantage of the protection so provided by raising prices or by disregarding quality or by limiting production or failing to exercise adequate caution with a view to lowering the cost of pro- duction.

(2) Protective duties on Beta-Amino-Anthraquinone, Benzanthrone and BON acid (Beta Oxy Naphthoic acid), should be fixed at the level of 50 per cent ad valorem preferential and 60 per cent ad valorem standard.

( 1043 )

(3) Protective duties on nine intermediates, namely, Ortho Anisidine, Pbenyl Peri Acid, J. Acid, Ortho Toluidine, 4-Chloro-2-Nitro Aniline, Diethyl Meto Amino Phenol, Para Amisidine, Para Toluidine and Diamino Stilblne Disulfonic Acid should be fixed at 90 per cent ad valorem preferential and 100 per cent ad valorem standard.

(4) The concessional rate of duty on six intermediates, namely, Anthraqulnone, Aceto-acet-amilide, Aceto-acet-o-Toluidine, Tobias Acid, Aceto-acct-o-Chloro- anilidc and C Acid, (2 Chloro-5-Toluidine-4-Sulphonlc Acid or 6-Chloro-m- Toluldine-4-Snlphonic acid) should be withdrawn and protective duties of 50 per cent ad valorem preferential and 60 per cent ad valorem standard may be levied on them.

(5) The existing revenue duties of 50 per cent ad valorem preferential and 60 per cent ad valorem standard on 35 Intermediates given below should be converted into equivalent protective duties:

1. M-nitro-anlline. 2. M-nitro-p-toluIdine (MNPT). 3. Metanilic acid. 4. 1-amino-anthraquinone. 5. Phenyl J. acid. 6. 1:5 di-amino-anthraquinone. 7. 2:5 diamino-anthraquinone.

8. Quinizarine. 9. Schaffer's acid.

10. M-chloro aniline. H. O-chloro aniline. 12. P-chloro aniline, 13. 2:5 dichloro aniline. 14. 4-chloro-2-anisidine.

15. O-nitro anisole. 16. P-nitro anisole. 17. 4-chloro 2 nitro anisole 18. 5-chloro-o-toluidine. 19. O-nitro aniline. 20. Para toludine meta sulphonic acid 21. 0-amino a£o toluylene 22- 1:4 diamino antbraquinone 23. l-chjoro anthraquinone

24. R.salt 25. Behzoy J-acid 26. P-nitrosophenol 27. Dinitrostilbene disulfonic acid

28. Peri acid 29. 2:5 dimethyl 4-chloro-phenyl thioglycolic acid 30. Beta naphthalene thiogly-colic acid. 31. 4-chloro-o-toludine 32. Amino Iso G-acfd 33. l-Amino-6-nitro-2-naphthol-4-sulphonIc acid

34. Para nitra toluene sulphonic acid 35. Anthraquinone 1-sulphonic acid solium salt.

(6) The scheme of protection recommended for intermediates [given in n m- dations (3) to (5) above] may be kept in force upto 31st December 971 subject to half yearly reviews of the quality, prices and availability of Indi-

genously manufactured intermediates with special reference to the require- ments of the small scale sector of the dyestuff industry.

(7) In case protection at higher rates than those recommended by the Tariff Com- msision to certain uncosled interme'diates mentioned in recommendations No. (3) to (5) above is considered necessary by the manufacturers they may apply to the Tariff Commissioa with the requisite data for a revision of the quantum of protection.

(8) In order to avoid further increase in the prices of imported intermediates, the existing duty concession of 27-1/2 per cent ad valorem (standard) and 17-1/2 per cent ad valorem (Preferential) may be allowed to continue on the following 13 intermediates till 31st December, 1971. However, if production of any interme'diate starts within this period, the industry may seek removal of the concessional rate of duty on it:

1. Alpha naphfhylamine. 2. O-tolidine 3. O-nitro toluene 4. 2:5 dichloro nitro benzene 5. O-nltro chloro benzene 6. Meta-dinitro benzene 7. Aceto-acetic ester 8. 3:3 dichloro benzidine 9. 2-chloro-4-nitro aniline

10. P-toluidine-o-sulphonic acid 11. 3:3 Dichloro Benzidine dihydrochloride 12. Benzidine sulphate 13. Di-methyl-anlline

(9) In order to reduce the prices of penultimate intermediates the import duty on the following primary and secondary intermediates should be charged at a con- cessional rate of 27-1/2 per cent ad valorem (standard) till 31st December, 1971. However, if indigenous production of any of these intermediates com- mences within this period, the industry can approach the Commission for removal of the concessional rate.

¹ 1. P-nitro-toluene

' 2. Para Nitro chloro benzene 3. Para-Dichloro-Benzene 4. Diphenylamine - 5. Di-ethyl-aniline 6. Meta- nitro chloro benezene 7. Mono-chloro-para xylene 8. Chloro benzene 9. Trichloro benzene

10. Phenol

(10) In order to attain self-sufficiency in the manufacture of important intermediates, it is necessary that immediate steps are taken to establish capacity for pro- duction of the following intermediates:

1. Dimethylaniline 2. Alpha Naphthlamine 3. O-Tolidine 4. Benzidine and Benzidine dihydrochloride 5. 3:3 Dichloro-Benzidine 6. Diphenylamine 7. M-chloro-nitro-benzene

(11) The concerned administrative organisations such as the D.G.T.D- may take note of the complaints of short supply and high prices of ancillary chemicals required by the dyestuff industry and evolve suitable remedies.

(12) Tt is necessary to provide all possible assistance to the dyestuff industry in the form of adequate supply of raw materials and ancillary chemicals of stan- dard quality at reasonable prices so as to enable the industry to attain self- sufficiency in the normal course.

(13) The D.G.T.D. may keep a continuous watch over the progress of schemes of different unite for the manufacture of intermediates and if any of them are not implemented in time, the industrial _ licences issued therefor may be given over to other more promising units.

(14) When foreign collaboration agreements come up for review or new agreements are approved, care should be taken to see that a continuous inflow of latest scientific and technological know-how into the country is assured.

(15) The import licensing authorities should take note of the comments of the dyestuff industry regarding cases of import of banned items and while formulating their future policy take effective steps to plug loopholes, if any, that may come to light in the actual working.

(16) So long as import restriction continues on balance of payments consideration, the imports of all GATT intermediates may be so regulated as to limit their quantum to meet just the excess of domestic consumption requirements over indigenous production.

(17) It is not possible to advocate merely on account of lower prices or better quality

the import of intermediates irrespective of indigenous availability.

(18) Since the'small scale sector accounts for more than one fourth of the total production of dyes in the country, the office of the Development Commis- sioner for Small Scale Industries should collect upto-datc and realistic figures of'capacity and production of dyes in the small scale sector.

(19) The D.G.T.D. in consultation with other concerned organisations of the Gov- ernment of India and of the Council for Scientific and Industrial Research like the National Chemical Laboratory, Poona should make a study of the requirements of basic coal tar primaries for different industries and rationally allocate the output of these primaries to different consuming industries in- cluding the dyestuff industry. The manufacturers of coal tar primaries should try and sell their products directly to the consumers instead of resort- ing to a complex net-work of intermediate agencies.

(20) Larger units will be appreciated if they show greater interest in the direction of exports. Government should also give all possible assistance and encourage- ment to increase exports of dyes and streamline procedural formalities especially those relating to Import entitlements and cash assistance.

(21) In an industry which is producing a large number of different dyes, the optimum price level can be ensured most easily by increased competition. While giving licences for the manufacture of new items of dyes and inter- mediates the twin objective of fostering healthy competition without at the same time losing sight of the criterion of economic size of production may be kept in view.

(22) The attention given to elimination of toxic risks in the use of dangerous chemi- cals does not appear to have been adequate in dyestuff factories. It is neces- sary that both large and small units devote increasing attention to further research aimed at protecting the workers.

(23) In view of complaints received regarding quality of indigenous dyes, the pro- ducers should make redoubled efforts to improve the quality of their pro- ducts and periodically get their products tested by independent organisations like the National Chemical Laboratory, Poona, the Department of Chemical Technology, Bombay and other such institutions of repute.

(24) In order to promote the use of their products to the best advantage of con- sumers, better technical service should be rendered by the dyestuff manufac- turers. Further, since dyes decompose very early owing to their limited stability, the date of manufacture should be marked on the containers.

(25) The associations of consuming industries should bring to the notice of the Indian Chemical Manufacturers' Association and the Dyestuff Manufacturers' Association instances of short supply of individual dyes and mutually arrange for rationalising and increasing the supply of such dye's. If necessary, the D.G.T.D. may also be approached for remedial action when there is acute shortage of certain dyes.

2. Government accept recommendations (1) to (6). The rates of duty recommended by the Commission in respect of Benzanthrone and BON acid (Beta Oxy Nephthoic acid) covered in recommendation (2) and the intermediates mentioned in recommendations (3), (4) and (5) are being brought into force with immediate effect by Notification^) publish- ed separately in the Gazette. The concessional rate of duty wherever it Is applicable to intermediates covered in recommendations (3) and (4) is being withdrawn simultaneously- The necessary legislation will be undertaken in Parliament in due course,

3. Government agree with recommendation (7), to which the attention of the manu-

facturers of dyestuffs is also drawn.

4. Government accept recommendations (8) and (?) In principle. They have however ascertained that production of some of these intermediates has already started. These are (a) 2:5 Dichlore Nitro Benzene, (b) Para-Dichloro-Benzcne, (c) Diphenylamine, (d) Chloro Benzene and (e) Phenol. Having regard to the latter part of these two recom- mendatious, Government do not consider it necessary to continue/extend the duty conces- sion in respect of these 3 intermediates. Concessional duty at 27$% (standard) and 17i% (preferential) will therefore be continued/extended on the intermediates mentioned in these two recommendations, with the exception of the 5 specified above, upto 31st December, 1971. The duty concession where it is to be newly applied is being given effect to immediately. The attention of the industry is drawn to the latter part of these two recommendations.

5. Government have noted recommendation (10) for implementation to the extent possible and the attention of the manufacturers of intermediates is also drawn to this re- commendation. It is pointed out that there are approved schemes under implementation for the manufacture of Dimethylaniline and o-Tolidfne and that Diphenylamine is already being produced in India.

6. Government have taken note of recommendations (11) to (22) and steps will be taken to implement them as far as possible. In taking action on the recommendations. Government will bear in mind the interests of the Small Scale Industry. The attention of users of intermediates is drawn to recommendation (17), that of manufacturers of coal tar primaries to recommendation (19), and that of the dyestuff Industry as a whole to recommendations (20) to (25). The attention of the National Chemical Laboratory, Poona, the Department of Chemical Technology, Bombay and similar institution is also drawn to recommendation (23), and that of associations of consuming industries, the Indian Chemical Manufacturers' Association and Dyestuff Manufacturers' Association to recommendation (24).

ORDER

Ordered that a copy of the Resolution be communicated to all concerned and that it be published in the Gazette of India.

S. VENKATESAN, Jt. Secy.

TARIFFS

New Delhi, the 7th December 1968

No. i4(i)-Tar/68. I.—Whereas the Central Government is satisfied, after due inquiry that the duties chargeable under the First Schedule to the Indian Tariff Act, 1934 (yj. of 1934), in respect of (i) Bcnzanthrone and (ii) Beta Oxy Naphthoic Add falling under Item No. 28(36) and Item No. 28(37) respectively of the said Schedule, and characterised as protective In the third colurnn thereof have become excessive for the purbose of securing the protection intended to be afforded by them to similar articles manufactured In India ;

Now, therefore, in exercise of the powers conferred by sub-section (1) of Bection 4 of the said Act, the Central Government hereby reduces with immediate effect, the duties of customs on the said articles so that the duties chargeable shall be as specified in column 3 of the Table annexed hereto.

TABLE

Name of Article

Rate of Duty Item No. of Tariff

2

1

3

Benzanthrone

28(36)

(a) of British manufacture (b) not of British manufacture .

50 per cent ad valorem 60 per cent ad valorem

Beta Oxy Naphthoic Acid

•U37)

(a) of British manufacture (b) not of British manufacture . . ..

50 per cent ad valorem 60 per cent ad valorem

NOTE.—The above articles manufactured in a British Colony sha" be deemed to be of British manufacture.

No. i4(i)-Tar/68. II.—In exercise of the powers conferred by sub-section (1) of section 3A of the Indian Tariff Act, 1934 (32 of 1934), the Central Government hereby directs that with immediate effect there shall be levied on the articles specified in column (1) of the Table hereto annexed when imported into India a duty of customs of such amount as is specified in the corres- ponding entry in column (2) thereof.

TABLE

Name of Articles

Amount of duty of cus- toms inclusive of the duty specified In the First Schedule to the Indian Tariff Act, 1934

( 2)

(1)

The following dye intermediates, namely, Ortho anisldine, Phenyl Perl Acid, J. Add, •Ortho Toluidinc, 4-Chloro-2-Nirro Aniline, Dicthyl Meta Amino Phenol, Para Anisldine, Para Toluidine, Diamlno Stilbene Disulphonic Acid,

(a) of British manufacture (b) not of British manufacture .

90 per cent ad valorem 100 per cent ad valorem.

NOTE.—The above articles manufactured in a British Colony shall be deemed to be of British manufacture.

No. i^(i)-Tar/68.ni.—In exercise of the powers conferred by sub-section (1) of section 3A of the Indian Tariff Act, 1934 (32 of 1934), the Central Government hereby directs that with immediate effect there shall be levied on the articles specified in column (1) of the Table hereto annexed, when Imported into India, s duty of customs of such amount as Is specified in the corresponding entry in column (2) thereof.

TABLE

Name of Articles

Amount of duty of customs inclusive of the duty specified in the First Schedule to the Indian Tariff Act, 1934

( 1)

(2)

The following dye intermediates, namely, Anthraquinone, Accto-acct-anilide, Aceto-acet-o-Toluidide, Tobias Acid, Aceto-Acet-o-Chloro-anilide,

C Acid (2 chloro-5-toluidine—

4-sulphonic acid or 6 chloro-m-toluidine— 4-sulphonic Acid)

(a) of Biitish manufacture • • " . .. (b) not of British manufacture . . . ..

50 per cent ad valorem 60 per cent ad valorem.

NOTE.—The above articles manufactured in a British Colony shall be deemed to be of British manufacture.

No. ijf(i)-Tar/68-IV.—In exercise of the powers conferred by sub-section (1) of section 3A of the Indian Tariff Act, 1934 (32 of 1934), the Central Government hereby directs that with immediate effect there shall be levied on the articles specified in column (1) of the Table hereto annexed, when imported into India a duty of customs of such amount as is specified in the corres- ponding entry in column (2) thereof,

TABLE

Name of Articles

Amount of duty of customs inclusive of the duty specified in the First Schedule to the Indian Tariff Act, 1934

(2) ( 1)

The following dye intermediates, namely, M-nitro-aniline, M-nitro-p-toluidinc (MNPT), Metanilic acid, I-amino-anthraquinone, Phcnyl J. acid, 1:5 di-amino-anthraquinone, 2:6 diamino-anthracjuinone, Quinizarinc, Schaeffcr's acid, M-chloro aniline, O-chloro-aniline, P-chl wo-aniline, 2:5 Juhloro aniline, 4-chloi\v2-aniaidine, O-rutro anisole, P-nitro anisole, 4-chloro-2-nitro anisolc, 5-chloro-o-toluldinej O-nltro aniline, Para toluidine meta sulphonic acid, O-amino azo toluene, 1:4 diamino anthraquinone, i-chloro anthraquinonej R. salt, Benzoyl- J-add, P -nitrosophenol, D initrostilbene disulphonic acid, Peri acid, 2:5 dimethyl-4-chloro-phenyl thloglytolic tnclj Beta napthalene thioglycolic acid, 4-chloro-o-toluidlne, Amino Iao G-acid, i-Amlno-6-nitro-2-naphthol-4-sy]phonic Rtid;

W (I)

Para nitro toluene sulphonic add, Anthraquinone-i-sulphonic acid sodium salt

(a) of British manufacture (b) not of British manufacture . . . ..

50 per cent ad valorem 60 per cent ad valorem.

NOTE.—The above articles manufactured in a British Colony shall be deemed to be of British Manufacture.

S. VENKATESAN, jt. Secy

PKLHT1D BT I B! MWIKAL MAWifllK, OOVZRIfMENT OF INDIA M H U, NEW DELHI AND PUBLISHED BY THB MANAGER OF PUBLICATIONS., DELHI, 1 9 68