CUSTOMS NOTIFICATION NO. 108/98 DT. 24-12-98

G.S.R. (E.):- In exercise of the powers conferred by sub-section (1) of section 8B of the Customs 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 613(E) dated 12th October, 1998 in the Gazette of India Extraordinary, Part II, section 3,sub-section (i), that the increased import of Flexible Slabstock Polyol of molecular weight 3000-4000 used in the manufacture of Slabstock Foam and Polyurethane Foam mattresses have caused and further threatened to cause serious injury to the domestic industry, and imposition of Safeguard duty for a period of eighteen months will be in public interest, the Central Government hereby imposes on Flexible Slabstock Polyol of molecular weight 3000-4000 used in the manufacture of Slabstock Foam and Polyurethane Foam mattresses, falling under sub-heading No. 3907.20 of the First Schedule to the said Customs Tariff Act, when imported into India, a safeguard duty at the rate of -

1. 16.5%, when imported upto and inclusive of the 23rd day of December, 1999;(Amended vide Customs Notification No. 77/99 dated 25-6-99)
   
   [Old(a) 20%, when imported upto and inclusive of 23rd day of December, 1999; and]
2. 5%, when imported from the 24th of December, 1999 and the 23rd of June, 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 article 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 (6) of section 8B of the Customs Tariff Act, other than Singapore""](Inserted vide Customs Notification No. 77/99 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 (6) of section 8B of the Customs Tariff Act, other than Singapore[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, 1992-31March, 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 Ministry of Commerce No. 1/1997-002, 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 No. 77/99 dated 25-6-99)

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