Eximkey - India Export Import Policy 2004 2013 Exim Policy

CUSTOM NOTIFICATION NO. 102/98 DATED: 10-12-98

G.S.R. (E):- In exercise of the powers conferred by sub-section (1) of section 8B of the Customs Tariff Act, 1975 (51 of 1975), read with rules 12 and 14 of the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997, and based upon the final findings of the Director General (Safeguards) published vide No. GSR 377(E) dated 3rd July 1998, in the Gazette of India Extraordinary, part II, section 3, sub-section (i), that the increased import of Acetylene Black have caused serious injury to the domestic producers of Acetylene Black and that imposition of safeguard duty for a period of two years will be in public interest, the Central Government hereby imposes on Acetylene Black (including conductive carbons), falling under Sub-heading No. 2803.00 of the First Schedule to the said Customs Tariff Act, when imported into India, a safeguard duty at the rate of --

  1. 18%, subject to a maximum of Rs. 12,950 per metric tonne, when imported upto and inclusive of 9th day of December, 1999: and

  2. 5%, subect to a maximum of Rs. 8,830 per metric tonne, when imported from 10th December, 1999 to 9th December 2000 (both days inclusive).

2. Nothing contained in this notification shall apply to imports made under an Advance Licence, subject to the condition that the exempt article shall not be disposed of or utilised in any manner except for utilisation in discharge of export obligation or for replenishment of article so utilised and the articles so replenished shall not be sold or transferred to any other person.

[old 3.Nothing contained in this notification shall also apply to imports made from countries notified as developing countries under clause (a) of sub-section (b) of section 8B of the said Customs Tariff Act other than the Peoples Republic of China, the Philippines, Singapore and South Africa.]

(Inserted vide Customs Notification No. 77/99 dated 25-6-99)

3. Nothing contained in this notification shall also apply to goods originating in and imported from countries notified as developing countries under clause (a) of sub-section (b) of section 8B of the said Customs Tariff Act other than the Peoples Republic of China, the Philippines, Singapore and South Africa.

[Substituted vide Customs Notification No. 98/99 dated 23-7-99]

Explanation:-
In this notification, "Advance Licence means

  1. Quantity based Advance Licence issued in terms of paragraph 50 of the Export and Import Policy 1 April, 1992- 31 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

  2. Quantity Based Advance Licence issued in terms of paragraph 7.4 of the Export and Import Policy 1 April, 1997- 31 March, 2002 published vide Notification of the Government of India in the Minsitry of Commerce No. 1/1997-2002, dated the 31st March, 1997, as amended from time to time.

  3. Annual Advance, Licence issued in terms of paragraph 7.4 of the Export and Import Policy 1 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.
(Inserted vide Customs Notification No. 77/99 dated 25-6-99)

(Srinivas Tata)
Under Secretary to the Government of India

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