Sunday, 15 March 2015

[Indian Customs SG Notification] : Seeks to levy definitive safeguard duty on import of saturated fatty alcohol, for a period of two years and six months from the date of levy of provisional safeguard duty i.e. 28th August, 2014

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II,


SECTION 3, SUB-SECTION (i)]


Government of India


Ministry of Finance


(Department of Revenue)


Notification


No. 1/2015-Customs (SG)


New Delhi, the 13th March, 2015


G.S.R. (E). - Whereas, in the matter of import of Saturated Fatty Alcohols with carbon


chain length of C8,C10,C12,C14,C16 and C18 including single, blends and unblended (not


including branched isomers) which includes blends of a combination of carbon chain lengths,


C12-C14, C12-C16, C12-C18, C16-18 and C14-C16 (commonly categorized as C12-C14)


(hereinafter referred to as the subject goods), falling under tariff item 2905 17 00 or sub-heading


3823 70 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred


to as the Customs Tariff Act), the Director General (Safeguard), in his preliminary findings,


published vide number G.S.R. 357 (E), dated the 26th May, 2014, in the Gazette of India,


Extraordinary, Part II, Section 3, Sub-section (i), dated the 26th May, 2014, had come to the


conclusion that increased imports of subject goods into India has caused and threatened to cause


further serious injury to the domestic producers of subject goods, thereby necessitating the


imposition of provisional safeguard duty on imports of the subject goods into India;


And, whereas, on the basis of the aforesaid findings of the Director General (Safeguard),


the Central Government had imposed provisional safeguard duty on import of the subject goods


into India for a period of two hundred days from 28th August, 2014 vide notification of the


Government of India in the Ministry of Finance (Department of Revenue), No. 03/2014-Customs


(SG), dated the 28th August, 2014, published in the Gazette of India, Extraordinary, Part II,


Section 3, Sub-section (i), vide number G.S.R. 623(E), dated the 28th August, 2014;


And, whereas, the Director General (Safeguard) in its final findings vide number G.S.R.


712(E), dated the 9th October, 2014, published in the Gazette of India, Extraordinary, Part II,


Section 3, Sub-section (i), has recommended imposition of safeguard duty on subject goods


excluding Saturated Fatty Alcohols with carbon chain length of pure C8, falling under tariff item


2905 17 00 or sub-heading 3823 70 of the First Schedule of the Customs Tariff Act, for a period


of two years and six months from the date of levy of provisional safeguard duty;


Now, therefore, in exercise of the powers conferred by sub-section (1) of section 8B of


the Customs Tariff Act, read with rules 12, 14 and 17 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 (Safeguard), hereby imposes on subject goods excluding


Saturated Fatty Alcohols with carbon chain length of pure C8, falling under tariff item 2905 17


00 or sub-heading 3823 70 of the First Schedule to the Customs Tariff Act, when imported into


India, a safeguard duty at the following rate, namely:-


(a) twenty per cent. ad valorem when imported during the period from 28th August,


2014 to 27th August, 2015 (both days inclusive);


(b) eighteen per cent. ad valorem , when imported during the period from 28th August,


2015 to 27th August, 2016 (both days inclusive); and


(c) twelve per cent. ad valorem , when imported during the period from 28th August,


2016 to 27th February, 2017 (both days inclusive).


2. Nothing contained in this notification shall apply to imports of subject goods excluding


Saturated Fatty Alcohols with carbon chain length of pure C8, from countries notified as


developing countries under clause (a) of sub-section (6) of section 8B of the Customs Tariff Act,


other than Malaysia, Thailand and Indonesia.


3. The safeguard duty imposed under this notification shall be levied with the effect from the


date of the imposition of provisional safeguard duty, that is, the 28th August, 2014, and shall be


payable in Indian currency.


[F No. 354/108/2014-TRU]


(Akshay Joshi)


Under Secretary to the Government of India





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