Notification No. 71/2009-Customs

From: Subject: Notification No. 71/2009-Customs Date: Wed, 7 Oct 2009 14:38:33 +0530 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://cbec.gov.in/customs/cs-act/notifications/notfns-2k9/cs71-2k9.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.5579 Notification No. 71/2009-Customs [TO BE=20 PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3,=20 SUB-SECTION (i)]

GOVERNMENT=20 OF INDIA

MINISTRY=20 OF FINANCE

(DEPARTMENT OF REVENUE)

***=20

Notification No. 71/2009-Customs =

= &= nbsp;=20 New Delhi, the 19^th June, = 2009=20

G.S.R. = (E).-=20 Whereas, in the matter of import of =20 Aluminium Flat Rolled Products falling = under=20 heading=20 7606=20 and Aluminium Foils = falling = under=20 heading=20 7607,=20 of the=20 First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter = referred to as the said Act), from People's Republic = of China,=20 the=20 Director General (Safeguard), in its preliminary findings vide number = G.S.R. 65=20 (E), dated the 2^nd =20 February, 2009, published in the Gazette of India, Extraordinary, = Part=20 II, Section 3, Sub-section (i), dated the 2^nd February, 2009, had come to = the=20 conclusion that increased imports of Aluminium = Flat Rolled=20 Products and Aluminium Foil into India from People's = Republic of=20 China had caused and threatened to cause market disruption to domestic = industry=20 of Aluminium Flat Rolled Products and = Aluminium = Foils,=20 and=20 that this had necessitated the imposition of provisional safeguard duty = on=20 imports of Aluminium Flat Rolled Products and = Aluminium = Foil=20 into=20 India from People's Republic = of=20 China;

=20

=20 And whereas, on the basis of the aforesaid findings of the = Director=20 General (Safeguard), the Central Government had imposed provisional = Safeguard=20 duty on the subject goods vide notification of the Government of India = in the=20 Ministry of Finance (Department of Revenue), No. 26/2009-CUSTOMS, dated = the 23rd=20 March, 2009, published in the Gazette of India vide number G.S.R. = 187(E), dated=20 the 23rd March, 2009;

=20

=20 And whereas, the Director General (Safeguard), in its Final = findings vide=20 number G.S.R. 369(E), dated the 29th May, 2009, published in the Gazette = of=20 India, Extraordinary, Part II, Section 3, Sub-section (i), dated the = 29th May,=20 2009, had come to the conclusion that increased imports of Aluminium = Flat Rolled=20 Products and Aluminium Foil into India from People's Republic of China = had=20 caused and threatened to cause market disruption to domestic industry of = Aluminium Flat Rolled Products and Aluminium Foil and it necessitated = the=20 imposition of definitive safeguard duty on imports of Aluminium Flat = Rolled=20 Products and Aluminium Foil into India from People's Republic of China = ;=20

=20

=20 Now, therefore, in exercise of the powers conferred by = sub-section (2) of=20 section 8C of the said Act, read with rules 12 and 14 of the Customs = Tariff=20 (Transitional Product Specific Safeguard Duty) Rules, 2002, the Central=20 Government after considering the said findings of the Director General=20 (Safeguard), hereby imposes a safeguard duty -- =

(A) =20 on Aluminium Flat Rolled Products falling under heading 7606 excluding = ---

(a)   Colour Coated = Aluminium=20 Coil with either PE (Polyester) Coating or PVDF (fluorine-carbon) =    Coating falling = under CTH=20 7606
(b)  =20 Aluminium = Composite=20 panels,
(c)  =20   Aluminium-Manganese-Silicon=20 based and/or Aluminium-Magnesium-Silicon based alloys, whether clad or = unclad; with=20 thickness between 0.05 mm to 3.00 mm; with post brazing yield = strength=20 greater than 45 MPA, falling under tariff heading 7606 for use in = heat=20 exchangers including radiators, charge air coolers, condensers, oil = coolers,=20 heater cores, evaporators, heat ventilation and air conditioning = (HVAC)=20 systems and parts thereof, at the rate of = :--

= ; = =20 i. =20 14% ad valorem, when imported from the 23^rd day = of March,=20 2009 to 22^nd day March, 2010 (both days inclusive); = and

= ; = =20 ii. =20 12% ad valorem, when imported from the 23^rd day = of March,=20 2010 to 22^nd day March, 2011 (both days inclusive); =

=20

(B) =20 on Aluminium Foil falling under heading 7607 excluding ---=20

=20

(a) =20 Aluminium Foil of thickness less than 7 micron falling under CTH=20 7607

(b) =20 =93Aluminium foil of 10.5 micron with rough surface and = perforated whether=20 printed or not; to be used by beer bottling unit=94 =

(c) =20 Colour Coated Aluminium Coil with either PE (Polyester) Coating = or PVDF=20 (fluorine-carbon) Coating falling under CTH 7607. =

(d) =20 Etched or formed Aluminium Foils falling under CTH 7607 meant to = be used=20 in the manufacture of Electrolytic capacitors. =

(e) =20 Poly Aluminium Foil Coated with Copolymer falling under CTH 7607 = to be=20 used in the manufacture of PIJF Telecom Copper Cables or Optical Fiber=20 Cables.

(f) =20 Aluminium-Manganese-Silicon based and/or = Aluminium-Magnesium-Silicon=20 based alloys, whether clad or unclad; with thickness between 0.05 mm to = 3.00 mm;=20 with post brazing yield strength greater than 45 MPA, falling under = tariff=20 heading 7607 for use in heat exchangers including radiators, charge air = coolers,=20 condensers, oil coolers, heater cores, evaporators, heat ventilation and = air=20 conditioning (HVAC) systems and parts thereof. =

at = the rate of=20 :--

=20

= ; = =20 i. =20 30% ad valorem, when imported from the 23^rd day = of March,=20 2009 to 22^nd day March, 2010 (both days inclusive); = and

= ; = =20 ii. =20 25% ad valorem, when imported from the 23^rd day = of March,=20 2010 to 22^nd day March, 2011 (both days inclusive); =

2. =20 The Safeguard duty imposed under this notification shall be = levied with=20 effect from the date of imposition of the provisional Safeguard duty, = that is,=20 the 23rd March, 2009.

[F.No.=20 354/60/2009-TRU]

(Prashant=20 Kumar)
Under Secretary to the Government of India