THE CUSTOMS TARIFF ACT, 1975 (SCHEDULE)
SECTION XV. BASE METAL & ARTICLES OF BASE METAL

THE FIRST SCHEDULE TO THE CUSTOMS TARIFF ACT, 1975

SECTION-XV

BASE METALS AND ARTICLES OF BASE METAL

Notes :

1. This Section does not cover :

(a) prepared paints, inks or other products with a basis of metallic flakes or powder (headings 3207 to 3210, 3212, 3213 or 3215);

(b) ferro-cerium or other pyrophoric alloys (heading 3606);

(d) umbrella frames or other articles of heading 6603;

(e) goods of Chapter 71 (for example, precious metal alloys, base metal clad with precious metal, imitation jewellery);

(f) articles of Section XVI (machinery, mechanical appliances and electrical goods);

(g) assembled railway or tramway track (heading 8608) or other articles of Section XVII (vehicles, ships and boats, aircraft);

(h) instruments or apparatus of Section XVIII, including clock or watch springs;

(ij) lead shot prepared for ammunition (heading 9306) or other articles of Section XIX (arms and ammunition);

(k) articles of Chapter 94 (for example, furniture, mattress supports, luminaires and lighting fittings, illuminated signs, prefabricated buildings);

(/) articles of Chapter 95 (for example, toys, games, sports requisites);

(m) hand sieves, buttons, pens, pencil-holders, pen nibs, monopods, bipods, tripods and similar articles or other articles of Chapter 96 (miscellaneous manufactured articles); or"

(n) articles of Chapter 97 (for example, works of art).

2. Throughout this Schedule, the expression "parts of general use" means :

(a) articles of heading 7307, 7312, 7315, 7317 or 7318 and similar articles of other base metal, other than articles specially designed for use exclusively in implants in medical, surgical, dental or veterinary sciences (heading 9021);

(b) springs and leaves for springs, of base metal, other than clock or watch springs (heading 9114); and

In Chapters 73 to 76 and 78 to 82 (but not in heading 7315) references to parts of goods do not include references to parts of general use as defined above.

Subject to the preceding paragraph and to Note 1 to Chapter 83, the articles of Chapter 82 or 83 are excluded from Chapters 72 to 76 and 78 to 81.

3. Throughout this Schedule, the expression "base metals" means :

iron and steel, copper, nickel, aluminium, lead, zinc, tin, tungsten (wolfram), molybdenum, tantalum, magnesium, cobalt, bismuth, cadmium, titanium, zirconium, antimony, manganese, beryllium, chromium, germanium, vanadium, gallium, hafnium, indium, niobium (columbium), rhenium and thallium.

4. Throughout this Schedule, the term "cermets" means products containing a microscopic heterogenous combination of a metallic component and a ceramic component. The term "cermets" includes sintered metal carbides (metal carbides sintered with a metal).

5. Classification of alloys (other than ferro-alloys and master alloys as defined in Chapters 72 and 74) :

(a) an alloy of base metals is to be classified as an alloy of the metal which predominates by weight over each of the other metals;

(b) an alloy composed of base metals of this Section and of elements not falling within this Section is to be treated as an alloy of base metals of this Section if the total weight of such metals equals or exceeds the total weight of the other elements present;

(c) in this Section, the term "alloys" includes sintered mixtures of metal powders, heterogeneous intimate mixtures obtained by melting (other than cermets) and intermetallic compounds.

6. Unless the context otherwise requires, any reference in this Schedule to a base metal includes a reference to alloys which, by virtue of Note 5 above, are to be classified as alloys of that metal.

7. Classification of composite articles :

Except where the headings otherwise require, articles of base metal (including articles of mixed materials treated as articles of base metal under the General Interpretive Rules) containing two or more base metals are to be treated as articles of the base metal predominating by weight over each of the other metals.

For this purpose:

(a) iron and steel, or different kinds of iron or steel, are regarded as one and the same metal;

(b) an alloy is regarded as being entirely composed of that metal as an alloy of which, by virtue of Note 5, it is classified; and

8. In this Section, the following expressions have the meanings hereby assigned to them :

(a) Waste and scrap:-

(i) all metal waste and scrap;

(ii) metal goods definitely not usable as such because of breakage, cutting-up, wear or other reasons.

(b) Powders:

products of which 90% or more by weight passes through a sieve having a mesh aperture of 1 mm.

9. For the purposes of Chapters 74 to 76 and 78 to 81, the following expressions shall have the meanings hereby assigned to them :-

(a) Bars and rods

Rolled, extruded, drawn or forged products, not in coils, which have a uniform solid cross-section along their whole length in the shape of circles, ovals, rectangles (including squares), equilateral triangles or regular convex polygons (including "flattened circles" and "modified rectangles", of which two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel). Products with a rectangular (including square), triangular or polygonal cross-section may have corners rounded along their whole length. The thickness of such products which have a rectangular (including "modified rectangular") cross-section exceeds one-tenth of the width. The expression also covers cast or sintered products, of the same forms and dimensions, which have been subsequently worked after production (otherwise than by simple trimming or de-scaling), provided that they have not thereby assumed the character of articles or products of other headings.

Wire-bars and billets of Chapter 74 with their ends tapered or otherwise worked simply to facilitate their entry into machines for converting them into, for example, drawing stock (wire-rod) or tubes, are however to be taken to be unwrought copper of heading 7403. This provision applies mutatis mutandis to the products of Chapter 81.

(b) Profiles

Rolled, extruded, drawn, forged or formed products, coiled or not, of a uniform crosssection along their whole length, which do not conform to any of the definitions of bars, rods, wire, plates, sheets, strip, foil, tubes or pipes. The expression also covers cast or sintered products, of the same forms, which have been subsequently worked after production (otherwise than by simple trimming or de-scaling), provided that they have not thereby assumed the character of articles or products of other headings.

Rolled, extruded or drawn products, in coils, which have a uniform solid cross-section along their whole length in the shape of circles, ovals, rectangles (including squares), equilateral triangles or regular convex polygons (including "flattened circles" and "modified rectangles", of which two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel). Products with a rectangular (including square), triangular or polygonal cross-section may have corners rounded along their whole length. The thickness of such products which have a rectangular (including "modified rectangular") cross-section exceeds one-tenth of the width.

(d) Plates, sheets, strip and foil

Flat-surfaced products (other than the unwrought products of heading 8001), coiled or not, of solid rectangular (other than square) cross-section with or without rounded corners (including "modified rectangles" of which two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel) of a uniform thickness, which are :-

- of rectangular (including square) shape with a thickness not exceeding one-tenth of the width;

- of a shape other than rectangular or square, of any size, provided that they do not assume the character of articles or products of other headings.

Headings for plates, sheets, strip, and foil apply, inter alia, to plates, sheets, strip, and foil with patterns (for example, grooves, ribs, chequers, tears, buttons, lozenges) and to such products which have been perforated, corrugated, polished or coated, provided that they do not thereby assume the character of articles or products of other headings.

(e) Tubes and pipes

Hollow products, coiled or not, which have a uniform cross-section with only one enclosed void along their whole length in the shape of circles, ovals, rectangles (including squares), equilateral triangles or regular convex polygons, and which have a uniform wall thickness. Products with a rectangular (including square), equilateral triangularor regular convex polygonal cross-section, which may have corners rounded along their whole length, are also to be considered as tubes and pipes provided the inner and outer cross-sections are concentric and have the same form and orientation. Tubes and pipes of the foregoing cross-sections may be polished, coated, bent, threaded, drilled, waisted, expanded, cone-shaped or fitted with flanges, collars or rings.;

CHAPTER 76

Aluminium and articles thereof

Sub-heading Notes :

1. In this Chapter, the following expressions have the meanings hereby assigned to them:

(a) Aluminium, not alloyed

Metal containing by weight at least 99% of aluminium, provided that the content by weight of any other element does not exceed the limit specified in the following Table:

TABLE - Other ELEMENTS

Element	Limiting content % by weight
Fe + Si (iron plus silicon)	1
Other elements (1), each	0.1 (2)

(1) Other elements are, for example, Cr, Cu, Mg, Mn, Ni, Zn

(2) Copper is permitted in a proportion greater than 0.1% but not more than 0.2%, provided that neither the chromium nor manganese content exceeds 0.05%

(b) Aluminium alloys

Metallic substances in which aluminium predominates by weight over each of the other elements, provided that:

(i) the content by weight of at least one of the other elements or of iron plus silicon taken together is greater than the limit specified in the foregoing table; or

(ii) the total content by weight of such other elements exceeds 1%.

2. Notwithstanding the provisions of Note 9 (c) to Section XV, for the purposes of sub-heading 7616 91, the term "wire" applies only to products, whether or not in coils, of any cross-sectional shape, of which no cross-sectional dimension exceeds 6 mm.

Tariff Item	Description of goods	Unit	Rate of duty
			Standard	Preferential Areas
(1)	(2)	(3)	(4)	(5)
7601	UNWROUGHT ALUMINIUM
7601 10	- Aluminium, not alloyed :
7601 10 10	--- Ingots	kg.	7.5%
7601 10 20	--- Billets	kg.	7.5%	-
7601 10 30	--- Wire bars	kg.	7.5%	-
7601 10 40	--- Wire rods	kg.	7.5%	-
7601 10 90	--- Other	kg.	7.5%	-
760120	- Aluminium alloys :
7601 20 10	--- Ingots	kg.	7.5%
7601 20 20	--- Billets	kg.	7.5%	-
7601 20 30	--- Wire bars	kg.	7.5%	-
7601 20 40	--- Wire rods	kg.	7.5%	-
7601 20 90	--- Other	kg.	7.5%	-
7602	ALUMINIUM WASTE AND SCRAP
7602 00	- Aluminium waste and scrap :
7602 00 10	--- Aluminium scrap, namely the following : clean aluminium lithographic sheets covered by ISRI code word 'Tablet'; new, clean aluminium lithographic sheets covered by ISRI code word 'Tabloid'; mixed low copper aluminium clippings and solids covered by ISRI code word 'Taboo'; clean mixed old alloy sheet aluminium covered by ISRI code word 'Taint'/'Tabor'; new aluminium can stock covered by ISRI code word 'Take'; old can stock covered by ISRI code word 'Talc'; shredded aluminium used beverages can (U) scrap covered by ISRI code word 'Talcred'; densified aluminium used beverages can (UBC) scrap covered by ISRI code word 'Taldack'; baled aluminium used beverage can (UBC) scrap covered by ISRI code word 'Taldon'; briquetted aluminium used beverage can (UBC) scrap covered by ISRI code word 'Taldork'; painted siding covered by ISRI code word 'Tale'; coated scrap covered by ISRI code word 'Talent'; aluminium scrap radiators covered by ISRI code word 'Talk'; E.C. aluminium nodules covered by ISRI code word 'Tall'; new pure aluminium wire and cable covered by ISRI code word 'Talon'; new mixed aluminium wire and cable covered by ISRI code word 'Tann'; Old pure aluminium wire and cable covered by ISRI code word 'Taste'; old mixed aluminium wire and cable covered by ISRI code word 'Tassel'; aluminium pistons covered by ISRI code word 'Tarry'; segregated aluminium borings and turnings covered by ISRI code word 'Teens'; mixed aluminium castings covered by ISRI code word 'Telic'; mixed aluminium castings covered by ISRI code word 'Tense'; wrecked airplane sheet aluminium covered by ISRI code word 'Tepid'; new aluminium foil covered by ISRI code word 'Terse'; New aluminium foil covered by ISRI code word 'Tetra'; Old aluminium foil covered by ISRI code word 'Tesla; aluminium grindings covered by ISRI code word 'Thigh'; segregated new aluminium alloy clippings and solids covered by ISRI code word 'Tooth'; mixed new aluminium alloy clippings and solids covered by ISRI code word 'Tough'; segregated new aluminium castings, forgings and extrusions covered by ISRI code word 'Tread'; aluminium auto castings covered by ISRI code word 'Trump'; insulated aluminium wire scrap covered by ISRI code word 'Twang'; aluminium airplane castings covered by ISRI code word 'Twist'; fragmentizer aluminium scrap (from automobile shredder) covered by ISRI code word 'Twitch'; Aluminium auto or truck wheels covered by ISRI code word 'Troma' ; Fragmentizer aluminium scrap from automobile shredders covered by ISRI code word 'Tweak'; Burnt Fragmentizer aluminium scrap (from automobile shredders) covered by ISRI code word 'Twire'; Shredded non-ferrous scrap (predominantly aluminium) covered by ISRI code word 'Zorba'; New production aluminium extrusions covered by ISRI code word 'Tata'; All aluminium radiators from automobiles covered by ISRI code word 'Tally'; Aluminium extrusions '10/10 covered by ISRI code word 'Toto'; Aluminium extrusions dealer grade covered by the word 'Tutu';	kg.	2.5%
7602 00 90	--- Other waste and scrap	kg.	2.5%	-
7603	ALUMINIUM POWDERS AND FLAKES
7603 10	- Powders of non-lamellar structure :
7603 10 10	--- Aluminium powder for thermit process	kg.	7.5%	-
7603 10 90	--- Other	kg.	7.5%	-
7603 20 00	- Powders of lamellar structure; flakes	kg.	7.5%	-
7604	ALUMINIUM BARS, RODS AND PROFILES
7604 10	- Of aluminium, not alloyed:
7604 10 10	--- Wire rods	kg.	7.5%	-
7604 10 20	--- Bars and rods, other than wire rods	kg.	7.5%	-
	--- Profiles :
7604 10 31	---- Hollow	kg.	7.5%	-
7604 10 39	---- Other	kg.	7.5%	-
	- Of aluminium alloys :
7604 21 00	-- Hollow profiles	kg.	7.5%	-
7604 29	-- Other :
7604 29 10	--- Hard drawn bare aluminium conductors steel re-inforced (A.C.S.R.)	kg.	7.5%	-
7604 29 20	--- Wire rods	kg.	7.5%	-
7604 29 30	--- Bars and rods, other than wire rods	kg.	7.5%	-
7604 29 90	--- Other	kg.	7.5%	-
7605	ALUMINIUM WIRE
	- Of aluminium, not alloyed:
7605 11 00	-- Of which the maximum cross-sectional dimension exceeds 7 mm	kg.	7.5%	-
7605 19	-- Other :
7605 19 10	--- Of which the maximum cross-sectional dimension exceeds 6 mm but does not exceed 7 mm	kg.	7.5%	-
	--- Other :
7605 19 91	---- Hard drawn bare-solid	kg.	7.5%
7605 19 99	---- Other	kg.	7.5%	-
	- Of aluminium alloys :
7605 21 00	-- Of which the maximum cross-sectional dimension exceeds 7 mm	kg.	7.5%
7605 29	-- Other :
7605 29 10	--- Of which the maximum cross-sectional dimension exceeds 6 mm but does not exceed 7 mm	kg.	7.5%
7605 29 90	--- Other	kg.	7.5%	-
7606	ALUMINIUM PLATES, SHEETS AND STRIP, OF A THICKNESS EXCEEDING 0.2 mm
	- Rectangular (including square) :
7606 11	-- Of aluminium, not alloyed:
7606 11 10	--- Electrolytic plates or sheets	kg.	7.5%
7606 11 90	--- Other	kg.	7.5%	-
7606 12 00	-- Of aluminium alloys	kg.	7.5%	-
	- Other :
7606 91	-- Of aluminium, not alloyed :
7606 91 10	--- Circles	kg.	7.5%
7606 91 20	--- Electrolytic plates or sheets	kg.	7.5%	-
7606 91 90	--- Other	kg.	7.5%	-
7606 92	-- Of aluminium alloys :
7606 92 10	--- Circles	kg.	7.5%
7606 92 90	--- Other	kg.	7.5%	-
7607	ALUMINIUM FOIL (WHETHER OR NOT PRINTED OR BACKED WITH PAPER, PAPERBOARD, PLASTICS OR SIMILAR BACKING MATERIALS) OF A THICKNESS (EXCLUDING ANY BACKING) NOT EXCEEDING 0.2 MM
	- Not backed:
7607 11	-- Rolled but not further worked :
7607 11 10	--- Ordinarily used for tea chest lining	kg.	7.5%
7607 11 90	--- Other	kg.	7.5%	-
7607 19	-- Other :
7607 19 10	--- Ordinarily used for tea chest lining	kg.	7.5%
	--- Other :
7607 19 91	---- Plain	kg.	7.5%
7607 19 92	---- Embossed	kg.	7.5%	-
7607 19 93	---- Perforated or cut-to-shape	kg.	7.5%	-
7607 19 94	---- Coated	kg.	7.5%	-
7607 19 95	---- Printed	kg.	7.5%	-
7607 19 99	---- Other	kg.	7.5%	-
7607 20	- Backed :
7607 20 10	--- Ordinarily used for tea chest lining	kg.	7.5%	-
7607 20 90	--- Other	kg.	7.5%	-
7608	ALUMINIUM TUBES AND PIPES
7608 10 00	- Of aluminium, not alloyed	kg.	10%	-
7608 20 00	- Of aluminium alloys	kg.	10%	-
7609 00 00	ALUMINIUM TUBE OR PIPE FITTINGS (FOR EXAMPLE, COUPLINGS, ELBOWS, SLEEVES)	kg.	10%
7610	ALUMINIUM STRUCTURES (EXCLUDING PREFABRICATED BUILDINGS OF HEADING 9406) AND PARTS OF STRUCTURES (FOR EXAMPLE, BRIDGES AND BRIDGE-SECTIONS, TOWERS, LATTICE MASTS, ROOFS, ROOFING FRAMEWORKS, DOORS AND WINDOWS AND THEIR FRAMES AND THRESHOLDS FOR DOORS, BALUSTRADES, PILLARS AND COLUMNS); ALUMINIUM PLATES, RODS, PROFILES, TUBES AND THE LIKE, PREPARED FOR USE IN STRUCTURES
7610 10 00	- Doors, windows and their frames and thresholds for doors	kg.	10%	-
7610 90	- Other :
7610 90 10	--- Structures	kg.	10%	-
7610 90 20	--- Parts of structures, not elsewhere specified	kg.	10%	-
7610 90 30	--- Aluminium plates , rods, profiles, tubes and the like, prepared for use in structure	kg.	10%	-
7610 90 90	--- Other	kg.	10%	-
7611 00 00	ALUMINIUM RESERVOIRS, TANKS, VATS AND SIMILAR CONTAINERS, FOR ANY MATERIAL (OTHER THAN COMPRESSED OR LIQUEFIED GAS), OF A CAPACITY EXCEEDING 300 L, WHETHER OR NOT LINED OR HEAT-INSULATED, BUT NOT FITTED WITH MECHANICAL OR THERMAL EQUIPMENT	kg.	10%
7612	ALUMINIUM CASKS, DRUMS, CANS, BOXES AN SIMILAR CONTAINERS (INCLUDING RIGID OR COLLAPSIBLE TUBULAR CONTAINERS), FOR ANY MATERIAL (OTHER THAN COMPRESSED OR LIQUEFIED gas), OF A CAPACITY NOT EXCEEDING 300 l, WHETHER OR NOT LINED OR HEAT-INSULATED, BUT NOT FITTED WITH MECHANICAL OR THERMAL EQUIPMENT
7612 10	- Collapsible tubular containers :
7612 10 10	--- Plain	kg.	10%	-
7612 10 20	--- Lacquered	kg.	10%	-
7612 10 30	--- Printed	kg.	10%	-
7612 10 90	--- Other	kg.	10%	-
7612 90	- Other :
7612 90 10	--- Plain	kg.	10%
7612 90 20	--- Lacquered	kg.	10%	-
7612 90 30	--- Printed	kg.	10%	-
7612 90 90	--- Other	kg.	10%	-
7613	ALUMINIUM CONTAINERS FOR COMPRESSED OR or LIQUEFIED GAS
7613 00	- Aluminium containers for compressed or liquefied gas :
	--- Low pressure cylinders :
7613 00 11	---- Plain	kg.	10%
7613 00 12	---- Lacquered	kg.	10%	-
7613 00 13	---- Printed	kg.	10%	-
7613 00 19	---- Other	kg.	10%	-
	--- High pressure cylinders :
7613 00 21	---- Plain	kg.	10%
7613 00 22	---- Lacquered	kg.	10%	-
7613 00 23	---- Printed	kg.	10%	-
7613 00 29	---- Other	kg.	10%	-
	--- Other :
7613 00 91	---- Plain	kg.	10%
7613 00 92	---- Lacquered	kg.	10%	-
7613 00 93	---- Printed	kg.	10%	-
7613 00 99	---- Other	kg.	10%	-
7614	STRANDED WIRE, CABLES, PLAITED BANDS AND THE LIKE, OF ALUMINIUM, NOT ELECTRICALLY INSULATED
7614 10 00	- With steel core	kg.	10%
7614 90 00	- Other	kg.	10%	-
7615	TABLE, KITCHEN OR OTHER HOUSEHOLD ARTICLES AND PARTS THEREOF, OF ALUMINIUM; POT SCOURERS AND SCOURING OR POLISHING PADS, GLOVES AND THE LIKE, OF ALUMINIUM; SANITARY WARE AND PARTS THEREOF, OF ALUMINIUM
7615 10	- Table, kitchen or other household articles and parts thereof; pot scourers and scouring or polishing pads, gloves and the like:
	--- Pressure cookers, solar collectors:
7615 10 11	---- Pressure cookers	kg	20%
7615 10 12	- - - Solar collectors	kg.	20%	-
	--- Utensils:
7615 10 21	- - - - Non-stick	kg.	20%
7615 10 29	---- Other	kg.	20%	-
7615 10 30	--- Other table, kitchen or household articles	kg.	20%	-
7615 10 40	- - - Pot scourers and scouring or polishing pads, gloves and the like	kg.	20%	-
7615 10 90	- - - Parts	kg.	20%
7615 20	- Sanitary ware and parts thereof:
7615 20 10	--- Sanitary ware of aluminium and aluminium alloys for indoor use	kg.	10%
7615 20 20	--- Parts	kg.	10%
7615 20 90	--- Other	kg.	10%	-
7616	OTHER ARTICLES OF ALUMINIUM
7616 10 00	- Nails, tacks, staples (other than those of heading 8305), screws, bolts, nuts, screw hooks, rivets, cotters, cotter-pins, washers and similar articles	kg.	10%
	- Other :
7616 91 00	-- Cloth, grill, netting and fencing, of aluminium wire	kg.	10%
7616 99	-- Other :
7616 99 10	--- Expanded metal of aluminium and aluminium alloys	kg.	10%
7616 99 20	--- Chains	kg.	10%	-
7616 99 30	--- Bobbins	kg.	10%	-
7616 99 90	--- Other	kg.	10%	-

Notfn. No. 26/09-Cus., dt.23.3.2009]

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

Now, therefore, in exercise of the powers conferred by sub-section (2) of section 8C of the said Act, read with rules 10 and 14 of the Customs Tariff (Transitional Product Specific Safeguard Duty) Rules, 2002, the Central Government after considering the said findings of the Director General (Safeguard), hereby imposes a safeguard duty:-

a) at the rate of 21 per cent. ad valorem on all goods falling under heading 7606 (Aluminium Flat Rolled Products) of the First Schedule to the said Act, when imported into India from People's Republic of China; and

b) at the rate of 35 per cent. ad valorem on all goods falling under heading 7607 (Aluminium Foil) of the First Schedule to the said Act, when imported into India from People's Republic of China.

2. The safeguard duty imposed under this notification shall be effective upto and inclusive of the 8th October, 2009 (unless revoked, superseded or amended earlier).

[Notfn. No. 71/09-Cus., dt.19.6.2009]

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

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

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

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

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

(a) Colour Coated Aluminium Coil with either PE (Polyester) Coating or PVDF (fluorine carbon) Coating falling under CTH 7606

(b) Aluminium Composite panels,

(c) Aluminium-Manganese-Silicon based and/or Aluminium-Magnesium-Silicon based alloys whether clad or unclad; with thickness between 0.05 mm to 3.00 mm; with post brazing yield strength greater than 45 MPA, falling under tariff heading 7606 for use in heat exchangers including radiators, charge air coolers, condensers, oil coolers, heater cores, evaporators, heat ventilation and air conditioning (HVAC) systems and parts thereof, at the rate of :

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

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

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

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

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

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

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

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

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

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

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

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