Office of the Commissioner of Customs
Custom House, Cochin – 9
-----Public Notice No. 15 / 2006
Attention of the trade and public is invited to the following instructions of the C.B.E.C
enclosed herewith, for information:
Sl.
No
.
1
2
3
Instruction No. and origin
Subject
Notification No. 29/2006-Cus dated Amendment in the Notification No. 20/2006-Customs,
20.03.2006 of CBEC
dated the 1st March, 2006
Notification No. 31/2006-Cus dated Imposition of provisional anti-dumping duty on
30.03.2006 of CBEC
Cellophane Transparent Film
Notification No. 32/2006-Cus
31.03.2006 of CBEC
Notification No. 33/2006-Cus
07.04.2006 of CBEC
dated Amendment in the Notification No. 89/2005-Customs,
dated the 4th October, 2005
dated Regarding anti-dumping duty on imports of acrylonitrile
butadiene rubber (NBR)
5.
Notification No. 34/2006-Cus
17.04.2006 of CBEC
dated Amendments in the notification No. 21/2002-Customs,
dated the 1st March, 2002
6.
Notification No. 35/2006-Cus
19.04.2006 of CBEC
dated Rescinds the Notification No.13/2006-Customs, dated
the 1st March, 2006
7.
Notification No. 36/2006-Cus
20.04.2006 of CBEC
dated Imposed an anti-dumping duty on the import of Borax
Decahydrate
8.
Notification No. 37/2006-Cus
20.04.2006 of CBEC
dated Imposed an anti-dumping duty on the import of
Pentaerythritol
9.
Notification No. 38/2006-Cus
28.04.2006 of CBEC
4.
10.
11.
12.
dated Deepening of Indo-Singapore CECA tariff concessions ,
amends notification nos. 74/2005-Customs, dated the
22nd July, 2005 and 75/2005-Customs, dated the 22nd
July, 2005
Notification No. 30/2006-Cus(N.T) Amendment in the Notification No. 64/94 (N.T.)dated 22.03.2006 of CBEC
Customs, dated the 21st November, 1994
Notification No. 40/2006-Cus(N.T) Notifies tariff values of edible oils/brass scrap and
dated 31.03.2006 of CBEC
amends the Notification No.36/2001-Cus (N.T.), dated,
the 3rd August 2001
Notification No. 41/2006-Cus(N.T) Amendment in the Notification No. 12/97-Customs
dated 31.03.2006 of CBEC
(N.T.), G.S.R. No.193(E) dated the 2nd April, 1997
13.
Notification No. 45/2006-Cus(N.T) Notifying the tariff values of edible oils/brass scrap
dated 17.04.2006 of CBEC
14
Notification No. 49/2006-Cus(N.T) Tariff value notification - amends Notification.No.36/2001
dated 28.04.2006 of CBEC
Customs (N.T) dated 3.8.2001
15
Notification No. 51/2006-Cus(N.T) Notifies tariff values of edible oils/brass scrap and
dated 16.05.2006 of CBEC
amends the Notification No.36/2001-Customs (N.T.),
dated 3rd August 2001
Circular No.13/2006 dated 29.03.2006 Concessional duty on findings, mountings of gold
of CBEC
16
17
Circular No.14/2006 dated 17.04.2006 Clarification in r/o plant site verification for finalization of
of CBEC
project imports
18
Circular No.15/2006 dated 20.04.2006 Eligibility for benefit of Exemption Notification No.
of CBEC
21/2002- Cus (Sl. No. 313 and 417) on the import of
Fixed Wireless Telephone
Circular No.16/2006 dated 09.05.2006 Annual Supplement to Foreign Trade Policy, 2004-09
of CBEC
(updated as on 7th April,2006) – Introduction of Duty
Free Import Authorization (DFIA) Scheme and Changes
made in Existing Export Promotion Schemes
Board’s
Instruction
in Re-iteration of Board’s instructions
F.No.401/49/2003-Cus
III
dated
31.03.2006
Notification No. 30/2006-Cus dated Imposing provisional anti-dumping duty on nylon filament
29.03.2006 of CBEC
yarn
19
20
21
[issued in F.No.C1/01/2006-TU]
2
sd/(D D Ingty)
Commissioner
Cochin, dated the 23rd May 2006.
// Attested //
(George Joseph)
Appraiser (Tariff Unit)
Copy to:
Commissioner’s file/ Addl. Commissioner / Jt. Commissioners / All D.Cs & A.Cs /
Development Commissioner (CSEZ) / All Appraisers / All Sections / Guard File & As per
mailing list.
All concerned officers are directed to note and comply with the
instructions/changes. No separate S.O. is being issued.
Notification No. 29/2006-Customs
dated 20th March, 2006
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act,
1962 (52 of 1962), the Central Government, being satisfied that it is necessary in the public
interest so to do, hereby makes the following further amendment in the notification of the
Government of India in the Ministry of Finance (Department of Revenue) No.20/2006-Customs,
dated the 1st March, 2006, G.S.R. 92(E), dated the 1st March, 2006, namely:In the said notification, the following shall be added at the end, namely:“3. Nothing contained in this notification shall apply to the goods specified in column (3), against
S.No.1 of the said Table, in respect of which exemption from the whole of the duty of customs
leviable under the First Schedule to the said Customs Tariff Act is availed of in terms of any of
the following notifications of the Government of India in the Ministry of Finance (Department of
Revenue),(i) No.236/89-Customs, dated the 1st September, 1989, G.S.R. 805(E), dated the 1st
September, 1989;
(ii) No.28/95-Customs, dated the 16th March, 1995, G.S.R. 157(E), dated the 16th March, 1995;
(iii) No.85/98-Customs, dated the 5th November, 1998, G.S.R. 656(E), dated the 5th November,
1998;
(iv) No.105/99-Customs, dated the 10th August, 1999, G.S.R. 582(E), dated the 10th August,
1999;
(v) No.26/2000-Customs, dated the 1st March, 2000, G.S.R. 178(E), dated the 1st March, 2000;
(vi) No.60/2000-Customs, dated the 12th May, 2000, G.S.R. 434(E), dated the 12th May, 2000;
(vii) No.40/2002-Customs, dated the 12th April, 2002, G.S.R. 281(E), dated the 12th April, 2002;
(viii) No.76/2003-Customs, dated the 13th May, 2003, G.S.R. 394(E), dated the 13th May, 2003;
(ix) No.85/2004-Customs, dated the 31st August, 2004, G.S.R. 560(E), dated the 31st August,
2004;
(x) No.72/2005-Customs, dated the 22nd July, 2005, G.S.R. 497(E), dated the 22nd July, 2005;
(xi) No.73/2005-Customs, dated the 22nd July, 2005, G.S.R. 498(E), dated the 22nd July, 2005.”.
F.No. 341/11/2006-TRU
Note.- The principal notification No. 20/2006-Customs, dated the 1st March, 2006, was
published vide number G.S.R. 92(E), dated the 1st March, 2006, and was last amended by
notification No. 24/2006-Customs, dated the 6th March, 2006, vide number G.S.R 140(E), dated
the 6th March, 2006.
Notification No. 31/2006-Customs
dated 30th March, 2006
Whereas, in the matter of import of Cellophane Transparent Film (herein after also referred
to as the subject goods), falling under the Heading 3920 of the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Customs Tariff Act), originating
in or exported from the People’s Republic of China, (hereinafter referred to as the subject
country), the designated authority in its preliminary findings vide notification No.14/7/2005 DGAD, dated the 3rd February, 2006, published in the Gazette of India, Extraordinary, Part I,
3
Section 1, dated the 3rd February, 2006, has come
to
the
conclusion
that–
(i) the subject goods have been exported to India from the subject country below its
normal value;
(ii) the domestic industry has suffered material injury;
(iii) the injury has been caused by the dumped imports from subject country; and
has recommended imposition of provisional anti-dumping duty on imports of subject goods, of
all grades, originating in or exported from the subject country.
Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said
Customs Tariff Act, read with rules 13 and 20 of the Customs Tariff (Identification, Assessment
and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules,
1995, the Central Government, on the basis of the aforesaid findings of the designated
authority, hereby imposes on the said goods, the description of which is specified in column (3)
of the Table below, falling under heading of the First Schedule to the said Customs Tariff Act as
specified in the corresponding entry in column (2), the specification of which is specified in
column (4), originating in the country as specified in the corresponding entry in column (5), and
produced by the producers as specified in the corresponding entry in column (7), when exported
from the country as specified in the corresponding entry in column (6), by the exporters as
specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty
at the rate specified in the corresponding entry in column (9), in the the corresponding currency
as specified in the corresponding entry in column (11) and per unit of measurement as specified
in entry in column (10), of the said Table.
Sl.N
o.
(1)
1.
Headi
ng
(2)
3920
2.
3920
Description of
goods
(3)
Cellophane
transparent film
(also known as
transparent
paper)
Cellophane
transparent film
(also known as
transparent
paper)
Specificati
on
(4)
All grades
Country
of origin
(5)
People’s
Republic
of China
Table
Country of Producer Exporter Amou Unit
export
nt
(6)
(7)
(8)
(9)
(10)
Any
Any
Any
1.90 Kilogram
Currency
(11)
US Dollar
All grades Any
People’s Any
Any
1.90 KiloUS Dollar
(other
Republic
gram
than
of China
People’s
Republic
of China)
2. The anti-dumping duty imposed under this notification shall be effective up to and inclusive of
the 29th day of September, 2006, and shall be payable in Indian currency.
Explanation. - For the purposes of this notification, “rate of exchange” applicable for the
purposes of calculation of such anti-dumping duty shall be the rate which is specified in the
notification of the Government of India, in the Ministry of Finance (Department of Revenue),
issued from time to time, in exercise of the powers conferred by sub-clause (i) of clause (a) of
sub-section (3) of section 14 of the said Customs Act, and the relevant date for the
determination of the rate of exchange shall be the date of presentation of the bill of entry under
section 46 of the said Customs Act.
F.No.354/27/2006-TRU
Notification No. 32/2006 - Customs
dated 31st March, 2006
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act,
1962 (52 of 1962), the Central Government, being satisfied that it is necessary in the public
interest so to do, hereby makes the following amendment in the notification of the Government
of India in the Ministry of Finance (Department of Revenue), No. 89/2005-Customs, dated the
4th October, 2005 GSR 624(E), dated the 4th October, 2005. namely:In the said notification, in paragraph 2, for the letters, words and figures “31st day of March,
2006”, the letters, words and figures “31st day of March, 2007” shall be substituted.
F.No.605/208/2005-DBK
Note - The notification No. 89/2005-Customs, dated the 4th October, 2005 was published in the
Gazette of India Extraordinary, vide G.S.R. 624(E), dated the 4th October, 2005 and it was
4
amended
by
notification
No.104/2005- Customs, dated the 26th December, 2005, vide
GSR No.746(E) dated the 26th December, 2005.
Notification No. 33 /2006-Customs
dated the 7th April, 2006
Whereas the designated authority vide notification No. 15/1DGAD/2004, dated the 15th
September, 2004, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the
15th September, 2004, had initiated review in the matter of continuation of anti-dumping duty on
imports of acrylonitrile butadiene rubber (NBR) (hereinafter referred to as the subject goods),
falling under sub-heading 4002 59 of the First Schedule to the Customs Tariff Act, 1975 (51 of
1975) (hereinafter referred to as the said Customs Tariff Act), originating in, or exported from,
the Chinese Taipei, imposed vide notification of the Government of India in the Ministry of
Finance (Department of Revenue), No. 37/2000-Customs, dated the 6th April, 2000, G.S.R. 316
(E), dated the 6th April, 2000 and the period of said review investigation was extended for a
period of six months by the Central Government.
And whereas the designated authority in its review findings vide notification No. 15/1/2004DGAD, dated the 27th February, 2006, published in Part I, Section 1 of the Gazette of India,
Extraordinary, dated the 28th February, 2006, has concluded that :(i) the subject goods are continuing to enter the Indian market from Chinese Taipei at dumped
prices;
(ii) the domestic industry is suffering material injury due to the dumped imports;
(iii) dumping of the subject goods from Chinese Taipei and injury to the domestic industry is
likely to continue if the duties are withdrawn;
and has recommended imposition of anti-dumping duty on all imports of the subject goods
originating in, or exported from, the Chinese Taipei.
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of
the said Customs Tariff Act, read with rules 18 and 23 of the Customs Tariff (Identification,
Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of
Injury) Rules, 1995, the Central Government, on the basis of the aforesaid review findings of the
designated authority, hereby imposes on the goods, the description of which is specified in
column (3) of the Table below, falling under sub-heading 4002 59 of the First Schedule to the
said Customs Tariff Act, the specification of which is specified in the corresponding entry in
column (4), originating in the countries as specified in the corresponding entry in column (5),
and produced by the producers as specified in the corresponding entry in column (7), when
exported from the countries as specified in the corresponding entry in column (6), by the
exporters as specified in the corresponding entry in column (8), and imported into India, an antidumping duty at the rate specified in the corresponding entry in column (9), in the currency as
specified in the corresponding entry in column (11) and per unit of measurement as specified in
the corresponding entry in column (10), of the said Table.
S. No Subheading
(1)
1
(2)
4002 59
2
4002 59
3
4002 59
Descripti Speci Country
on
of ficati of origin
goods on
(3)
(4) (5)
Acrylonitr Nil
Chinese
ile
Taipei
Butadien
e Rubber
(NBR)
-doNil
Chinese
Taipei
-do-
Nil
Any
country
other than
Korea RP,
Japan, the
European
Union,
Brazil and
Table
Country of Produ Export Duty
Unit of Currency
export
cer
er
amount measur
ement
(6)
(7)
(8)
(9)
(10)
(11)
Any
Any
187.90 metric US Dollar
Chinese
tonne
Taipei
Any country Any
other than
Korea RP,
Japan, the
European
Union,
Brazil and
Mexico
Chinese
Any
Taipei
Any
187.90
metric
tonne
US Dollar
Any
187.90
metric
tonne
US Dollar
5
Mexico
2. The anti-dumping duty imposed under this notification shall be paid in Indian currency.
Explanation. - For the purposes of this notification, “rate of exchange” applicable for the
purposes of calculation of anti-dumping duty shall be the rate which is specified in the
notification of the Government of India in the Ministry of Finance (Department of Revenue),
issued from time to time, in exercise of the powers conferred by sub-clause (i) of clause (a) of
sub-section (3) of section 14 of the Customs Act, 1962 (52 of 1962), and the relevant date for
the determination of the rate of exchange shall be the date of presentation of the bill of entry
under section 46 of the said Customs Act.
F.No.354/19/2000-TRU(Pt.I)
Notification No. 34/2006-Customs
dated 17th April, 2006
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act,
1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public
interest so to do, hereby makes the following further amendments in the notification of the
Government of India in the Ministry of Finance (Department of Revenue), No. 21/2002Customs, dated the 1st March, 2002 which was published in the Gazette of India, Extraordinary,
vide number G.S.R.118 (E), dated the 1st March, 2002, namely:In the said notification, in the Table, after S.No.543 and the entries relating thereto, the following
shall be inserted, namely:(1)
“544.
(2)
3920
(3)
(4)
Nil
Subbed polyester base, imported by
M/s Hindustan Photo Films
manufacturing Company Limited,
Udhagamandalam for the
manufacture of medical or industrial
X-ray films and graphic art films.
(5)
-
(6)
-”;
F.No.356/14/2006-TRU
Note: The principal notification was published in the Gazette of India, Extraordinary, vide
number G.S.R. 118(E), dated the 1st March, 2002 and was last amended by notification No.
28/2006-Customs, dated the 20th March, 2006 which was published in the Gazette of India,
Extraordinary vide number G.S.R.167(E), dated the 20th March, 2006.
Notification No.35/2006-Customs
dated 19th April, 2006
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act,
1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public
interest so to do, hereby rescinds the notification of the Government of India in the Ministry of
Finance (Department of Revenue), No.13/2006-Customs, dated the 1st March, 2006, which was
published in the Gazette of India, Extraordinary, vide number G.S.R.85(E), dated the 1st March,
2006.
F.No.334/3/2006-TRU
Notification No. 36/2006-Customs
dated 20th April, 2006
Whereas in the matter of import of Borax Decahydrate (hereinafter referred to as the
subject goods), falling under the heading 2840 of the First Schedule to the Customs Tariff Act,
1975 (51 of 1975), originating in or exported from the Turkey and the People’s Republic of
China (hereinafter referred to as the subject countries), the designated authority in its
preliminary findings vide notification No. 14/40/2002-DGAD dated the 26th March, 2003,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27th March, 2003,
had come to the conclusion that –
(a) the subject goods had been exported to India from the subject countries, below its normal
value;
(b) the Indian industry had suffered material injury ;
(a) the injury had been caused cumulatively by imports of the subject goods from the subject
countries.
6
And Whereas on the basis of the aforesaid findings of the designated authority, the
Central Government had imposed an anti-dumping duty on the subject goods vide notification of
the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No.
90/2003–Customs, dated the 10th June, 2003, G.S.R 469(E), dated the 10th June, 2003,
published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the
10th June, 2003.
And Whereas the designated authority, in its final findings vide notification No. 14/40/2002DGAD, dated the 21st November, 2003, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 21st November, 2003, had come to the conclusion that (a) the subject goods had been exported to India from the subject countries, below its normal
value;
(b) the domestic industry had suffered material injury ;
(c) the material injury to the domestic industry had been caused cumulatively by the dumped
imports of the subject goods from the subject countries.
And Whereas on the basis of the aforesaid final findings of the designated authority, the Central
Government had imposed final anti-dumping duty on the subject goods vide notification of the
Government of India in the Ministry of Finance (Department of Revenue), No. 2/2004-Customs,
dated the 7th January, 2004, G.S.R 14 (E), dated the 7th January, 2004, published in Part II,
Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 7th January, 2004.
And Whereas the designated authority, in its final findings in mid-term review, vide notification
No. 15/1/2005-DGAD dated the 3rd February, 2006, published in the Gazette of India,
Extraordinary, Part I, section 1, dated the 3rd February, 2006, has come to the conclusion that(i) No dumping margin for the subject goods has been established with regard to imports from
Turkey and there is no likelihood of continued dumping of subject goods from Turkey;
(ii) In view of the above, the continued imposition of antidumping duty on the subject goods from
the Turkey is not necessary to offset dumping and injury to domestic industry;
and has recommended discontinuation of the anti-dumping duty imposed on imports of subject
goods, originating in, or exported from, the Turkey.
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said
Customs Tariff Act, 1975, read with rule 23 of the Customs Tariff (Identification, Assessment
and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules,
1995, the Central Government hereby makes the following amendments in the notification of the
Government of India in the Ministry of Finance (Department of Revenue) No. 2/2004-Customs,
dated the 7th January, 2004, G.S.R 14 (E), dated the 7th January, 2004, published in Part II,
Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 7th January, 2004,
namely:-.
In the said notification, for the “Table” the following “Table” shall be substituted, namely; “TABLE”
S. Heading Description Specification Country Country Producer Exporter Amount Unit
of Currency
No.
measureme
of goods
of origin of Export
nt
(1) (2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
1.
2840
Borax
Any
People’s Any
Dashiqiao Dalian 410.86 Metric
US Dollar
Chem
decahydrate specification Republic country Huaxin
Tonne
of China.
Chemicals Import
Ltd.
and
Export
Group
Co. Ltd.
2.
2840
Borax
Any
People’s Any
Any
Any
484.10 Metric
US Dollar
decahydrate specification Republic country producer
Tonne
except
of China.
Dashiqiao
Huaxin
Chemicals
Ltd.
3.
2840
Borax
Any
Any
People’s Any
Any
484.10 Metric
US Dollar
decahydrate specification country Republic
Tonne
except of China.
People’s
Republic
of China.
F.No.354/22/2003-TRU
Note: - The principal notification No. 2/2004-Customs, was issued on 7th January, 2004, and
was published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide
G.S.R 14 (E), dated the 7th January, 2004.
7
Notification No. 37/2006-Customs
dated 20th April, 2006
Whereas, in the matter of import of Pentaerythritol (hereinafter referred to as the subject goods)
falling under sub heading No2905 42 of the First Schedule to the Customs Tariff Act, 1975 (51
of 1975) (hereinafter referred to as the said Customs Tariff Act), originating in, or exported from,
People’s Republic of China and Sweden,(hereinafter referred to as the subject countries), the
designated authority in its preliminary findings vide notification No.14/16/2004 -DGAD, dated the
5th August, 2005, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5th
August, 2005 had come to the conclusion that (i) The subject goods originating in or exported from the subject countries have been exported
to
India
below
its
normal
value.
(ii)
The
domestic
industry
has
suffered
material
injury.
(iii) The injury has been caused to the domestic industry by dumped imports of the subject
goods originating in or exported from the subject countries
And whereas on the basis of the aforesaid findings of the designated authority, the Central
Government had imposed an anti-dumping duty vide notification of the Government of India in
the Ministry of Finance (Department of Revenue), No. 93/2005-CUSTOMS, dated the 20th
October, 2005, published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, dated the 20th October, 2005, vide G.S.R. 642 (E), dated 20th October, 2005;
And whereas the designated authority, vide notification No. No.14/16/2004 -DGAD, dated the
2nd February, 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
2nd February, 2006, has come to the conclusion that –
(a). Subject goods originating in or exported from the subject countries have been
exported to India below its normal value;
(b). The domestic Industry has suffered material injury;
(c). The injury has been caused to the domestic industry of the Subject goods originating
in or exported from the from the subject countries;
and has recommended imposition of anti-dumping duty on all imports of subject goods.
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said
Customs Tariff Act, read with sub-section (5) of the said section 9A and rules 18 and 20 of the
Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped
Articles and for Determination of Injury) Rules, 1995, the Central Government, on the basis of
the aforesaid final findings of the designated authority, hereby imposes on the subject goods,
the description of which is specified in column (3) of the Table below, falling under heading of
the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in
column (2), the specification of which is specified in column (4), originating in the countries as
specified in the corresponding entry in column (5), and produced by the producers as specified
in the corresponding entry in column (7), when exported from the countries as specified in the
corresponding entry in column (6), by the exporters as specified in the corresponding entry in
column (8), and imported into India, an anti-dumping duty at a rate which is the amount as
specified in the corresponding entry in column (9), in the currency as specified in the
corresponding entry in column (11) and per unit of measurement as specified in the
corresponding entry in column (10), of the said Table.
Sl. Heading Description
No. No.
(1) (2)
1. 2905
2.
2905
3.
2905
Table
Specific Country Country Producer
ation
Of origin Of export
(3)
(4)
Pentaerythrit Any
ol
Pentaerythrit Any
ol
Pentaerythrit Any
ol
Exporter
Amount Unit
(5)
(6)
(7)
(8)
(9)
China PR China PR M/s
Shanxi, M/s
Shanxi, 387.87
China PR
China PR
China PR China PR M/s
Shanxi, Any
exporter 387.87
China PR
other than M/s
Hubei,China
PR
China PR China PR M/s
M/s
324.38
Hubei,China Hubei,China
PR
PR
Curren
cy
(10)
MT
(11)
US$
MT
US$
MT
US$
4.
2905
Pentaerythrit Any
ol
5.
2905
Pentaerythrit Any
ol
6.
2905
Pentaerythrit Any
ol
7.
2905
8.
2905
Pentaerythrit Any
ol
Pentaerythrit Any
ol
8
China PR China PR M/s
Hubei,China
PR
Any
exporter 324.38
other than M/s
Shanxi, China
PR
China PR China PR Any producer, Any exporter, 554.95
other than M/s other than M/s
Hubei,and M/s Hubei,and M/s
Shanxi, China Shanxi, China
PR
PR
China PR Any,
Any producer, Any exporter, 554.95
other than M/s other than M/s
Hubei,and M/s Hubei,and M/s
Shanxi, China Shanxi, China
PR
PR
Sweden Sweden Any producer Any exporter 449.83
MT
US$
MT
US$
MT
US$
MT
US$
Sweden Any (other Any producer Any exporter 449.83 MT
US$
than
Sweden)
2. The anti-dumping duty imposed under this notification shall be effective up to and inclusive of
the 19th day of October, 2010, and shall be payable in Indian currency.
Explanation. - For the purposes of this notification, rate of exchange applicable for the purposes
of calculation of such anti-dumping duty shall be the rate which is specified in the notification of
the Government of India in the Ministry of Finance (Department of Revenue), issued from time
to time, in exercise of the powers conferred by sub-clause (i) of clause (a) of sub-section (3) of
section 14 of the Customs Act, 1962 (52 of 1962), and the relevant date for the determination of
the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the
said Customs Act.
F.No.354/151/2005-TRU
Notification No.38/2006-Customs
dated 28th April, 2006
G.S.R. (E).- In exercise of the powers conferred by sub-section (1) of section 25 of the
Customs Act, 1962 (52 of 1962), the Central Government, being satisfied that it is necessary in
the public interest so to do, hereby directs that the following notifications of the Government of
India, in the Ministry of Finance (Department of Revenue), specified in column (2) of the Table
below, shall be amended in the manner and to the extent specified in the corresponding entry in
column (3) of the said Table, namely:Table
S.No Notification No. and date Amendments
(1)
(2)
(3)
1
74/2005-Customs, dated In the said notification, in the preamble, for the figures and
the 22nd July, 2005 words “90 per cent.”, the figures and words “75 per cent.” shall
[G.S.R. 499(E), dated be substituted.
the 22nd July 2005.]
2.
75/2005-Customs, dated In the said notification, in the preamble, for the figures and
the 22nd July, 2005 words “95 per cent.”, the figures and words “90 per cent.” shall
[G.S.R. 500(E), dated be substituted.
the 22nd July 2005.]
F.No.354/9/2004-TRU
Note.(1) The principal notification number 74/2005-Customs, dated the 22nd July, 2005 was published
in the Gazette of India, vide G.S.R number 499(E), dated the 22nd July 2005.
(2) The principal notification number 75/2005-Customs, dated the 22nd July, 2005 was published
in the Gazette of India, vide G.S.R number 500(E), dated the 22nd July 2005.
Notification No. 30/2006-Customs (N.T.)
dated 22 March, 2006
9
In exercise of the powers conferred by clause (d) of section 7 of the Customs Act,
1962 (52 of 1962), the Central Board of Excise and Customs hereby makes the following further
amendment in the notification of the Government of India in the Ministry of Finance, Department
of Revenue, No. 64/94 (N.T.)-CUSTOMS, dated the 21st November, 1994, S.O. 831(E), dated
the 21st November, 1994, namely:In the said notification the second proviso shall be omitted.
[F.No.574/11/2005-LC
Note: The principal notification was published in the Gazette of India vide notification No. 64/94Customs (N.T.), dated the 21st November, 1994 [S.O. 831(E), dated the 21st November, 1994 ]
and last amended vide notification No. 41/98-Customs (N.T.), dated 24th June, 1998 [S.O. 534
(E), dated 24th June, 1998].
dated 31st March 2006
Notification No.40/2006-Customs (N.T.)
In exercise of the powers conferred by sub-section (2) of Section 14 of the Customs Act,
1962, (52 of 1962), the Board, being satisfied that it is necessary and expedient so to do,
hereby makes the following further amendment in the notification of the Government of India in
the Ministry of Finance (Department of Revenue), No.36/2001-Cus (N.T.), dated, the 3rd August
2001, namely: In the said notification, for the Table, the following Table shall be substituted namely:“T A B L E
S.No. Chapter heading /
sub-heading
(1)
(2)
1
1511 10 00
2
1511 90 10
3
1511 90 90
4
1511 10 00
5
1511 90 20
6
1511 90 90
7
1507 10 00
8
7404 00 22
Description of goods
(3)
Crude Palm Oil
RBD Palm Oil
Others – Palm Oil
Crude Palmolein
RBD Palmolein
Others – Palmolein
Crude Soyabean Oil
Brass Scrap (all grades)
Tariff value US$ (Per
Metric Tonne)
(4)
430
445
438
452
455
454
524
2283”
F.No.467/87/2005-Cus.V
Note: - The Principal notification was published in the Gazette of India, Extraordinary, vide
notification no.36/2001 – Customs (N.T.), dated, the 3rd August, 2001 (S.O.748 (E), dated, the
3rd August, 2001) and was last amended vide Notification No.29/2006-Customs (N.T), dated,
the14th March, 2006 (S.O.318 (E) 14th March 2006).
Notification No. 41 / 2006-Customs (N.T.)
dated 31st March, 2006
In exercise of the powers conferred by clause (aa) of sub-section (1) of Section 7 of the
Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs hereby makes the
following further amendment in the notification of the Government of India in the Ministry of
Finance, Department of Revenue, No. 12/97-Customs (N.T.), G.S.R. No.193(E) dated the 2nd
April, 1997, namely:In the Table to the said notification, against serial number 5, in column (3) against item (i), for
the entry under column (4), the following entry shall be substituted, namely:“Unloading of imported goods and loading of export goods”.
F.No.434/1/2006-Cus. IV
Note: The principal notification was published in the Gazette of India vide notification No. 12/97Customs (N.T.), dated the 2nd April, 1997 [G.S.R. No.193(E),dated the 2nd April, 1997] and
was last amended by notification No. 12/2006-Customs (N.T.), dated the 17th February,
2006 [G.S.R. No. 69(E), dated the 17th February, 2006].
10
Notification No. 45 /2006-Customs (N.T.)
dated 17th April 2006
In exercise of the powers conferred by sub-section (2) of Section 14 of the Customs Act,
1962, (52 of 1962), the Board, being satisfied that it is necessary and expedient so to do,
hereby makes the following further amendment in the notification of the Government of India in
the Ministry of Finance (Department of Revenue), No.36/2001-Cus (N.T.), dated, the 3rd August
2001, namely: In the said notification, for the Table, the following Table shall be substituted namely:“T A B L E
S.No. Chapter heading /
Description of goods
Tariff value US$ (Per
sub-heading
Metric Tonne)
(1)
(2)
(3)
(4)
1
1511 10 00
Crude Palm Oil
420
2
1511 90 10
RBD Palm Oil
435
3
1511 90 90
Others – Palm Oil
428
4
1511 10 00
Crude Palmolein
442
5
1511 90 20
RBD Palmolein
445
6
1511 90 90
Others – Palmolein
444
7
1507 10 00
Crude Soyabean Oil
518
8
7404 00 22
Brass Scrap (all grades)
2327”
F.No.467/87/2005-Cus.V
Note: - The Principal notification was published in the Gazette of India, Extraordinary, vide
notification no.36/2001 – Customs (N.T.), dated, the 3rd August, 2001 (S.O.748 (E), dated, the
3rd August, 2001) and was last amended vide Notification No.40/2006-Customs (N.T), dated,
the 31st March, 2006 (S.O.467 (E) 31st March 2006).
Notification No. 49/2006-Customs (N.T.)
dated 28th April 2006
In exercise of the powers conferred by sub-section (2) of Section 14 of the Customs Act, 1962,
(52 of 1962), the Board, being satisfied that it is necessary and expedient so to do, hereby
makes the following further amendment in the notification of the Government of India in the
Ministry of Finance (Department of Revenue), No.36/2001-Cus (N.T.), dated, the 3rd August
2001, namely: In the said notification, for the Table, the following Table shall be substituted namely:“T A B L E
S.No. Chapter heading /
Description of goods
Tariff value US$ (Per
sub-heading
Metric Tonne)
(1)
(2)
(3)
(4)
1
1511 10 00
Crude Palm Oil
427
2
1511 90 10
RBD Palm Oil
442
3
1511 90 90
Others – Palm Oil
435
4
1511 10 00
Crude Palmolein
449
5
1511 90 20
RBD Palmolein
452
6
1511 90 90
Others – Palmolein
451
7
1507 10 00
Crude Soyabean Oil
518(i.e. no change)
8
7404 00 22
Brass Scrap (all grades)
2337
F.No.467/87/2005-Cus.V
Note: - The Principal notification was published in the Gazette of India, Extraordinary, vide
notification no.36/2001 – Customs (N.T.), dated, the 3rd August, 2001 (S.O.748 (E), dated, the
3rd August, 2001) and was last amended vide Notification No.45/2006-Customs (N.T), dated,
the 17th April, 2006 (S.O 544(E) 17th April2006).
Notification No. 51 /2006-Customs (N.T.)
dated 16th May 2006
In exercise of the powers conferred by sub-section (2) of Section 14 of the Customs Act,
1962, (52 of 1962), the Board, being satisfied that it is necessary and expedient so to do,
hereby makes the following further amendment in the notification of the Government of India in
the Ministry of Finance (Department of Revenue), No.36/2001-Cus (N.T.), dated, the 3rd August
2001, namely: In the said notification, for the Table, the following Table shall be substituted namely:-
11
“T A B L E
S.No. Chapter heading /
sub-heading
(1)
(2)
1
1511 10 00
2
1511 90 10
3
1511 90 90
4
1511 10 00
5
1511 90 20
6
1511 90 90
7
1507 10 00
8
7404 00 22
Description of goods
(3)
Crude Palm Oil
RBD Palm Oil
Others – Palm Oil
Crude Palmolein
RBD Palmolein
Others – Palmolein
Crude Soyabean Oil
Brass Scrap (all grades)
Tariff value US$ (Per
Metric Tonne)
(4)
433
448
441
455
458
457
540
2617 ”
F.No.467/87/2005-Cus.V
Note: - The Principal notification was published in the Gazette of India, Extraordinary, vide
notification no.36/2001 – Customs (N.T.), dated, the 3rd August, 2001 (S.O.748 (E), dated, the
3rd August, 2001) and was last amended vide Notification No.49/2006-Customs (N.T), dated,
the 28th April, 2006 (S.O 620(E) 28th April 2006).
Circular No.13/2006-Cus
dated 29th March, 2006.
F. No.528/18/2004-Cus(TU)
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
Sub: Concessional duty on findings, mountings of gold - regarding.
I am directed to invite your attention to the Board's circular No 40/2004-cus dated 4th
June, 2004 and instructions issued in F.No.528/18/2004-Cus.TU dated 2.8.2005. Certain doubts
have been expressed on the issue of extending concessional rate of duty on 'findings' and
'mountings' of gold/silver under notification No. 62/2004-Customs dated 12.5.2004.
2. The issue has been examined by the Board. Findings are small parts of jewellery, used for
making it as complete item. Mountings are structures intended to support mounting of pieces of
jewellery or studding. Notification No. 62/2004--Customs provides for concessional duty to all
forms of gold/silver. The explanation to the notification specifically excludes only jewellery and
foreign currency coins. Hence findings and mountings of gold or silver will continue to be eligible
for concessional rate of import duty under serial No. 2 and 3 of the table to the notification,
respectively.
3. In order to make it abundantly clear, it is clarified that instructions issued vide
F.No.528/18/2004-Cus.TU dated 2.8.2005 was intended to alert the field formation to prevent
any misuse of notification No. 62/2004-Customs by claiming concessional import duty on the
import of complete gold/silver jewellery under the guise of mountings and findings.
4. In view of the above, it is hereby clarified by the Board that the findings and mountings of gold
and silver are covered under the scope of serial no. 2 and 3 respectively, of the notification No.
62/04-customs dated 12.5.2004 and the concessional import duty may be extended to these
items.
5. The above instructions may be brought to the notice of all concerned for effective
implementation.
Circular No.14 /2006-Cus
dated the 17th April, 2006.
F. No.528/9/2006-Cus(TU)
Government of India
Ministry of Finance
Department of Revenue Central Board of Excise & Customs
Sub: Clarification in respect of plant site verification for finalization of project imports – reg.
12
I am directed to invite your attention to the Board’s instructions vide F. No.
521/192/90- Cus. TU dated 18.2.1994 and the suggestion made on the requirement of plant site
verification certificate to ensure proper utilization of goods imported as project imports.
2. The issue was examined by the Board with respect to the Project Import Regulations, 1986
and the instructions issued therein. Under the Project Import Regulations, governing the
procedure for registration of contracts, assessment and clearance of goods under heading
9801, there is a specific requirement to be fulfilled by the importer to submit a statement
indicating the details of goods imported together with necessary documents of proof for
checking on value, quantity, installation or any other document required by proper officer for
finalization of contract.
3. Further in respect of Government Departments and Public Sector Undertakings the
requirement of furnishing cash security was also waived under project imports as per Board’s
circular No.89/95 dated 9.8.95. In view of the above, Board has decided that the requirement for
plant site verification for actual installation of goods under project import can be fulfilled by
means of a certification from the head of the PSU/ Government undertaking in the rank of
Chairman/Executive Director specifying the individual items were actually installed in the project
site.
4. The above instructions may be brought to the notice of all concerned for effective
implementation and the pending project import assessments may be finalized early. Please
acknowledge receipt of this circular.
CIRCULAR No. 15 /2006-Cus
dated 20th April, 2006
F. No. 528/2/2003-Cus.(TU)
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
(TARIFF UNIT)
Subject: Eligibility for benefit of Exemption Notification No. 21/2002- Cus (Sl. No. 313 and
417) on the import of Fixed Wireless Telephone-reg.
I am directed to invite your attention to Board’s Circular No. 57/2003 – Cus dated 27-062003 regarding eligibility of Fixed Wireless Telephones & Fixed Wireless Terminals working on
cellular technology under notification No. 21/2002 –Cus dated 01-03-2002 S. No. 313. In the
circular, it was clarified that the term ‘Cellular Phone’ in the notification No. 21/2002 –Cus (S.No.
313) dated 01-03-2002 covers only hand held mobile phones working on cellular technology.
The entry does not cover either Fixed Wireless Terminals or Fixed Wireless Telephones
working on cellular technologies.
2. You may be aware that the Board’s aforesaid Circular no. 57/2003 – Customs dated 27-062003 had been temporarily suspended by the Hon’ble High Courts of Andhra Pradesh and the
Panaji bench of Mumbai High Court with the direction for provisional assessment supported by
bank guarantee for difference of duty as an interim relief. The Board had appealed against the
decision of both the High Courts before the Hon’ble Supreme Court.
3. The Hon’ble Supreme Court has since decided the issue. The Apex Court vide order dated
13-12-2005 observed that “…since there is no dispute
that the technology used in the Fixed Wireless Telephone LSP 340 and the hand held mobile
phone is the same, there is no warrant to limit either the tariff entry or the exemption notification
to hand held cellular phones. Neither the range nor the size should make the difference.” The
order of the Hon’ble Supreme Court has been examined in the Board and it has been decided to
accept the order as all relevant issues have been considered by the Apex Court.
4. In view of the above, it has therefore been decided to withdraw Board Circular No. 57/2003
dated 27-06-2003 and to restore status-quo ante prevailing prior to the issuance of the said
circular. Consequently, the benefit of notification No. 21/2002 –Cus (S.No. 313) dated 01-032002 is available to all telephones(including Fixed Wireless Telephones) working on cellular
technology.
5. Field formations may finalise the pending assessments, accordingly.
Circular No. 16/2006-Cus.
dated 9th May, 2006.
F.NO.605/36/2006-DBK
Government of India
Ministry of Finance
Department of Revenue
13
Sub : Annual Supplement to Foreign Trade Policy, 2004-09 (updated as on 7th April,2006)
– Introduction of Duty Free Import Authorization (DFIA) Scheme and Changes made in Existing
Export Promotion Schemes – regarding.
The Foreign Trade Policy, 2004-2009 and Handbook of Procedures (Vol.I) incorporating
the Annual Supplement as updated on 7th April, 2006 has been notified by DGFT vide
notification No. 1(RE-2006) / 2004-2009 dated the 7th April, 2006. The new Foreign Trade Policy
(FTP) and Handbook may be perused for details. It may be seen that a new scheme called the
Duty Free Import Authorization Scheme has been introduced in place of DFRC Scheme w.e.f.
1.5.2006. The DFRC Scheme got abolished on 30.4.2006. Likewise, the Target Plus Scheme
(TPS) has been deleted from the Policy. Besides, a number of changes have been made in the
existing Export Promotion Schemes. The more important changes are explained below.
Duty Free Import Authorisation (DFIA) Scheme
2. As mentioned above, a new scheme titled ‘Duty Free Import Authorisation Scheme’ has been
introduced vide paragraph 4.4 of the Policy. Under the scheme, the inputs required for export
production are exempt from basic customs duty, additional customs duty, education cess, antidumping duty and safeguard duty. The scheme is similar to Advance Licence Scheme with
certain differences. One significant difference is that unlike the Advance Licence Scheme where
the value addition requirement is only positive value addition, under the new scheme minimum
value addition requirement is 20% (except for items in gem & jewellery sector). Another vital
difference is that under the new scheme once the export obligation is fulfilled, the licence or the
inputs imported (other than fuel) against it can be transferred / sold. The scheme may be
perused for details.
2.1 As in the case of erstwhile DFRC Scheme, under the new scheme, in respect of sensitive
items mentioned in para 4.55.3 of the Handbook, the exporter shall be required to give
declaration with regard to technical characteristics, quality and specifications in the shipping bill.
Notification No. 40/2006-Customs dt. 1.5.2006 has been issued to operationalise the DFIA
scheme.
Vishesh Krishi & Gram Udyog Yojana
3. The Vishesh Krishi Upaj Yojana has been expanded to include village industry products and
is now called Vishesh Krishi & Gram Udyog Yojana. The list of products will be notified by DGFT
in due course. Some other changes have also been made in this scheme. One important
change is that the entitlement has been reduced to 3.5% (from 5%) for all products in cases
where the exporter has availed the benefits of duty exemption / duty remission schemes under
Chapter 4 of the Policy and Duty Drawback. The EOUs and SEZ units have been excluded from
the purview of Vishesh Krishi Upaj & Gram Udyog Yojana, meaning thereby that these units will
not be eligible for the benefits of the scheme.
F.No 401/49/2003-Cus.III
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
March 31, 2006
Subject: Re-iteration of Board’s instructions- regarding,
It has been brought to the notice of the Board that the existing instructions in respect of the
following issues are not effectively implemented by the field formations:(i) Valuation of Export goods
(ii) Valuation of second Hand machinery
(iii) drawal of sample for exports
(iv) dispensation of examination in case of factory-stuffed export Cargo
2. In this regard, the undersigned is directed to refer to CBEC Circular 33 of 2005 dated 02-082005 on Valuation of Export goods, CBEC Instructions Vide F. No. 493/124/86 Cus-VI dated 041-1998 on valuation of second Hand machinery, CBEC Instruction vide F.No. 609/89/90-DBK
dated 26-11-1990 on the frequency of drawal of sample for exports and CBEC Circular No. 6 of
2002 dated 23-01-2002 prescribing examination norms stating interalia that no examination
except where seals are found tampered or with prior intelligence.
3. In this regard, I am directed to re-iterate the directions/ instructions communicated as above
so that these are applied uniformly and are followed properly. These Instructions/ Circulars as
above may be given wide publicity and may be complied with strictly. A report on action taken
on the above may kindly be sent to the undersigned.