CUSTOMS NOTIFICATION NO.82/1999 Dated 30th June. 1999

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) dated the 12th May, 1999, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) dated the 11th June, 1999, vide No.G.S.R.430(E), that increased imports of Phenol into India have threatened to cause serious injury to the domestic producers of Phenol and it would be in the public interest to impose safeguard duty for a period of two years on imports of Phenol into India, the central Government after considering the above mentioned findings of the Director General (Safeguards), hereby imposes on Phenol, falling under sub- heading number 2907.11 of the First Schedule to the said Customs Tariff Act, when imported into India, a safeguard duty at the rate of -

1. 22%, when imported upto and inclusive of the day of February, 2000; and
   
   
2. 15%, when imported from the 1st of March, 2000 to 29th day of June, 2001 (both days inclusive)
   
   2. Nothing contained in this notification shall apply to imports made -
   
   
   1. under an advance licence, subject to the condition that the exempt article shall not be disposed of or utilized in any manner except for utilization in discharge of export obligation, or for replenishment of article so utilized and the article so replenished shall not be sold or transferred to any other person;
      
      [old
      
      
   2. 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.]
      
      (b) from and in respect of the goods originating in 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.
      
      

[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 Ministry of Commerce No.1/1997-2002, dated the 31st March, 1997, as amended from time to time; or
   
   
3. Annual Advance Licence issued in terms of paragraph 7.4A 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.
   
   

(Srinivas Tata)
Under Secretary to the Government of India

(Safeguard Duty on Import of Phenol falling under sub-heading No.2907.11 vide Cus Ntf.No.73/2001 dt.28/06/2001)

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