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Relevant Custom Notification levying Duty

Subject : SAFEGUARD Duty on Import of GAMMA FERRIC ACID imposed (SUB HD. 2821.10 of 1st schedule to Customs Tariff Act, 1975) for a period of two and half years.
Circular no : CUSTOMS NOTIFICATION No. 6/2001
Date :1/24/01
From :Customs

WHEREAS in the matter of Gamma Ferric Oxide, falling under sub-heading No.2821.10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), the Director General (Safeguards), vide his final findings, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 20th December, 2000 has come to the conclusion that increased imports of Gamma Ferric Oxide into India have caused and threatened to cause further injury to the domestic producers of Gamma Ferric Oxide and it will be in public interest to impose safeguard duty for a period of two and a half years, on imports of Gamma Ferric Oxide into India;

Now therefore, 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, the Central Government after considering the said final findings of the Director General (Safeguards), hereby imposes on Gamma Ferric Oxide, falling under sub-heading No.2821.10 of the First Schedule to the said Customs Tariff Act, when imported into India, a safeguard duty at the rate of –

(1) 23% ad valorem, if imported upto and inclusive of the 23rd day of January, 2002;

(2) 20% ad valorem, if imported on or after the 24th day of January, 2002 but not later than the 23rd day of January, 2003; and

(3) 15% ad valorem, if imported on or after the 24th day of January, 2003 but not later than 23rd day of July, 2003.

2. Nothing contained in this notification shall apply to imports of Gamma Ferric Oxide made -

(a) under an Advance Licence, subject to the condition that the said Gamma Ferric Oxide 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;

(b) from countries notified as developing countries under clause (a) of sub-section (6) of section 8B of the said Customs Tariff Act.

Explanation.- In this notification, " Advance Licence" means,-

(i) Quantity Based Advance Licence issued in terms of paragraph 50 of the Export and Import Policy 1st April, 1992- 31st 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
(ii) Quantity Based Advance Licence issued in terms of paragraph 7.4 of the Export and Import Policy 1st 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; or
(iii) Annual Advance Licence issued in terms of paragraph 7.4A of the Export and Import Policy 1st 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.
Sd/-
(G.D.Lohani)
Under Secretary to the Government of India
F.No.345/26/2000-TRU
Issued by :
Ministry of Finance
Department of Revenue
New Delhi
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