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);
(c) headgear or parts thereof of heading 6506 or 6507;
(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
(c) articles of headings 8301, 8302, 8308, 8310 and frames and mirrors, of base metal, of heading 8306.
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
(c) a cermet of heading 8113 is regarded as a single base metal.
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.
(c) Wire
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), 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 72
Iron and steel
1. In this Chapter and, in the case of Notes (d), (e) and (f) throughout this Schedule, the following expressions have the meanings hereby assigned to them:
(a) Pig Iron:
Iron-carbon alloys not usefully malleable, containing more than 2% by weight of carbon and which may contain by weight one or more other elements within the following limits:
- not more than 10% of chromium
- not more than 6% of manganese
- not more than 3% of phosphorus
- not more than 8% of silicon
- a total of not more than 10% of other elements.
(b) Spiegeleisen:
Iron-carbon alloys containing by weight more than 6% but not more than 30% of manganese and otherwise conforming to the specification at (a) above.
(c) Ferro-alloys:
Alloys in pigs, blocks, lumps or similar primary forms, in forms obtained by continuous casting and also in granular or powder forms, whether or not agglomerated, commonly used as an additive in the manufacture of other alloys or as de-oxidants, de-sulphurising agents or for similar uses in ferrous metallurgy and generally not usefully malleable, containing by weight 4% or more of the element iron and one or more of the following:
- more than 10% of chromium
- more than 30% of manganese
- more than 3% of phosphorus
- more than 8% of silicon
- a total of more than 10% of other elements, excluding carbon, subject to a maximum content of 10% in the case of copper.
(d) Steel :
Ferrous materials other than those of heading 7203 which (with the exception of certain types produced in the form of castings) are usefully malleable and which contain by weight 2% or less of carbon. However, chromium steels may contain higher proportions of carbon.
(e) Stainless steel:
Alloy steels containing, by weight, 1.2% or less of carbon and 10.5% or more of chromium, with or without other elements.
(f) Other alloy steel :
Steels not complying with the definition of stainless steel and containing by weight one or more of the following elements in the proportion shown:
- 0.3% or more of aluminum
- 0.0008% or more of boron
- 0.3% or more of chromium
- 0.3% or more of cobalt
- 0.4% or more of copper
- 0.4% or more of lead
- 1.65% or more of manganese
- 0.08% or more of molybdenum
- 0.3% or more of nickel
- 0.06% or more of niobium
- 0.6% or more of silicon
- 0.05% or more of titanium
- 0.3% or more of tungsten (wolfram)
- 0.1% or more of vanadium
- 0.05% or more of zirconium
- 0.1% or more of other elements (except sulphur, phosphorus, carbon and nitrogen), taken separately.
(g) Remelting scrap ingots of iron and steel:
Products roughly cast in the form of ingots without feeder-heads or hot tops, or of pigs, having obvious surface faults and not complying with the chemical composition of pig iron, spiegeleisen or ferro-alloys.
(h) Granules:
Products of which less than 90% by weight passes through a sieve with a mesh aperture of 1 mm and of which 90% or more by weight passes through a sieve with a mesh aperture of 5 mm.
(ij) Semi-finished products:
Continuous cast products of solid section, whether or not subjected to primary hot-rolling; and other products of solid sections, which have not been further worked than subjected to primary hot-rolling or roughly shaped by forging, including blanks for angles, shapes or sections.
These products are not presented in coils.
(k) Flat-rolled products :
Rolled products of solid rectangular (other than square) cross-section, which do not conform to the definition at (ij) above in the form of:
- coils of successively superimposed layers, or
- straight lengths, which if of a thickness less than 4.75 mm, are of width measuring at least ten times the thickness or if of a thickness of 4.75 mm or more are of a width which exceeds 150 mm and measures at least twice the thickness.
Flat-rolled products include those with patterns in relief derived directly from rolling (for example, grooves, ribs, chequers, tears, buttons and lozenges) and those, which have been perforated, corrugated or polished, provided that they do not thereby assume the character of articles or products of other headings.
Flat-rolled products of a shape other than rectangular or square, of any size, are to be classified as products of a width of 600 mm or more, provided that they do not assume the character of articles or products of other headings.
(l) Bars and rods, hot-rolled, in irregularly wound coils:
Hot-rolled products in irregularly wound coils, which have a solid cross-section in the shape of circles, segments of circles, ovals, rectangles (including squares), triangles, or other 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). These products may have indentations, ribs, grooves or other deformations produced during the rolling process (reinforcing bars and rods).
(m) Other bars and rods:
Products which do not conform to any of the definitions at (ij), (k) or (l) above or to the definition of wire, which have a uniform solid cross- section along their whole length in the shape of circles, segments of circles, ovals, rectangles (including squares), triangles or other 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). The products may:
- have indentations, ribs, grooves or other deformations produced during the rolling process (reinforcing bars and rods);
- be twisted after rolling.
(n) Angles, shapes and sections:
Products having a uniform solid cross-section along their whole length which do not conform to any of the definitions at (ij), (k), (l) or (m) above or to the definition of wire.
Chapter 72 does not include products of heading 7301 or 7302.
(o) Wire:
Cold-formed products in coils, of any uniform solid cross-section along their whole length, which do not conform to the definition of flat-rolled products.
(p) Hollow drill bars and rods:
Hollow bars and rods of any cross-section, suitable for drills, of which the greatest external dimension of the cross-section exceeds 15 mm but does not exceed 52 mm, and of which the greatest internal dimension does not exceed one half of the greatest external dimension. Hollow bars and rods of iron or steel not conforming to this definition are to be classified in heading 7304.
2. Ferrous metals clad with another ferrous metal are to be classified as products of the ferrous metal predominating by weight.
3. Iron or steel products obtained by electrolytic deposition, by pressure casting or by sintering are to be classified, according to their form, their composition and their appearance, in the headings of this Chapter appropriate to similar hot-rolled products.
Sub-heading Notes :
1. In this Chapter, the following expressions have the meanings hereby assigned to them:
(a) Alloy pig iron:
Pig iron containing, by weight, one or more of the following elements in the specified proportions:
- more than 0.2% of chromium
- more than 0.3% of copper
- more than 0.3% of nickel
- more than 0.1% of any of the following elements:
aluminium, molybdenum, titanium, tungsten (wolfram), vanadium.
(b) Non-alloy free-cutting steel:
Non-alloy steel containing, by weight, one or more of the following elements in the specified proportions:
- 0.08% or more of sulphur
- 0.1% or more of lead
- more than 0.05% of selenium
- more than 0.01% of tellurium
- more than 0.05% of bismuth.
(c) Silicon-electrical steel:
Alloy steels containing, by weight, at least 0.6% but not more than 6% of silicon and not more than 0.08% of carbon. They may also contain by weight not more than 1% of aluminium but no other element in a proportion that would give the steel the characteristics of another alloy steel.
(d) High speed steel:
Alloy steels containing, with or without other elements, at least two of the three elements molybdenum, tungsten and vanadium with a combined content by weight of 7% or more, 0.6% or more of carbon and 3 to 6% of chromium.
(e) Silico-manganese steel:
Alloy steels containing by weight:
- not more than 0.7% of carbon
- 0.5% or more but not more than 1.9% of manganese; and
- 0.6% or more but not more than 2.3% of silicon, but no other element in a proportion that would give the steel the characteristics of another alloy steel.
2. For the classification of ferro-alloys in the sub-headings of heading 7202, the following rule should be observed:
A ferro-alloy is considered as binary and classified under the relevant sub-heading (if it exists) if only one of the alloy elements exceeds the minimum percentage laid down in Chapter Note 1(c); by analogy, it is considered respectively as ternary or quaternary if two or three alloy elements exceed the minimum percentage.
For the application of this rule the unspecified "other elements" referred to in Chapter Note 1(c) must each exceed 10% by weight.
Supplementary Notes :
1. Skelp means hot-rolled narrow strip of width not exceeding 600 mm with rolled (square, slightly round or bevelled) edge.
3. Iron or steel products obtained by electrolytic deposition, by pressure casting by sintering are to be classified, according to their form, their composition and their appearance, in the headings of this Chapter appropriate to similar hot-rolled products.
EXEMPTION NOTIFICATIONS
Exemption to inputs required for the manufacture of iron and steel intermediates when imported into India.
[Notfn. No. 10/95-Cus. dt. 7.3.1995 as amended by Notfn. Nos. 101/95-Cus. dt. 26.5.1995, 143/95-Cus. dt. 19.5.1995, 157/95-Cus. dt. 9.11.1995, 23/96-Cus. dt. 15.6.1996]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962, the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts inputs required for the manufacture of iron and steel intermediates when imported into India, from the whole of the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), subject to the following conditions, namely:-
(1) that the importer has been granted necessary import licence (hereinafter referred to as the said licence)
by the Licensing Authority for the import of the said inputs for the aforesaid purpose in terms of Engineering Products Export (Replenishment of Iron and Steel Intermediates) scheme as notified by the Government of India in the Ministry ofCommerce Notification No. S.O. 130. (e) dated the 1st March, 1995 and the said licence has been produced at the time of clearance for debit by the proper officer of customs;
(2) Omitted
(3) the importer furnishes a bond, with such surety or security, in such form as may be specified by the Assistant Commissioner of Customs or Deputy Commissioner of Customs binding himself to pay on demand an amount equal to the duty leviable on the said inputs but for the exemption contained herein, in respect of which the conditions specified in this notification have not been complied with; together with interest at the rate of 24% per annum from the date of clearance of the said inputs.
(4) that the importer produces evidence of having discharged the obligation relating to supply of iron and steel intermediates to the Engineering Products exporters to the satisfaction of the Assistant Commissioner of Customs within a period of thirty days from the expiry of period allowed for fulfilment ofthe obligation or within such extended period as the said Assistant Commissioner of Customs or Deputy Commissioner of Customs may allow;
(5) that the inputs so imported shall not be disposed off or utilised in any manner, except for utilisation in the discharge of obligation to manufacture and supply iron and steel intermediates in terms of this notification, before the said obligation under the said licence has been discharged in full:
Provided that spares and consumables imported in terms of this notification shall not be loaned, transferred, sold or disposed of in any manner, and shall be used by the importer only in his factory;
(6) where benefit of this notification is sought by a person other than the licencee, such benefit shall be allowed against the said licence only if it bears endorsement of transferability by the Licencing Authority:
Provided that endorsement of transferability shall not be made by the Licencing Authority before the obligation to supply iron and steel intermediates under the said licence has been fulfilled.
(7) that the imports and exports are undertaken through sea ports at Bombay, Calcutta, Cochin, Kandla, Mangalore, Marmagoa, Madras, Nhava Sheva, Paradeep, Tuticorin and Visakhapatnam, or through any of the airports at the Ahmedabad, Bangalore, Bombay, Calcutta, Coimbatore, Delhi, Hyderabad, Jaipur, Madras, Srinagar, Trivandrum and Varanasi or through any of the Inland Container Depots at Bangalore, Coimbatore, Delhi, Gauhati, Hyderabad, Kanpur, Ludhiana, Moradabad, Pimpri(Pune) and Pitampur (Indore):
Provided that the Commissioner of Customs may by special order and subject to such conditions as may be specified by him, permit import and export through any other sea port, airport or Inland Container Depot or through a land customs station"
Explanation. - In this notification,-
(i) "Engineering products" means export items (other than iron steel, ferro alloys and refractories) specified under the export product group "Engineering Products" in the I-O Norms and which have already been exported;
(ii) 'I-O Norms' means the Standard Input-Output and Value Addition norms as contained in the Hand Book of Procedures (Volume II) published vide public Notice No.121 (PN)/92-97 dated the 31 March, 1992 of the Government of India in the Ministry of Commerce, as amended from time to time;
(iii) "inputs" means, -
(a) raw materials, components, intermediates and consumables specified as import itmes in the I-O Norms and required for the manufacture of iron and steel intermediates;and
(b) spares for a value not exceeding 5% of the value of the licence required for the maintenance of capital goods installed in the importer's factory.
(iv) "Iron and Steel Intermediates" means export Items specified under sub-group "Iron, Steel, Ferro Alloys and Refractories" under the export product group "Engineering Products" in I-O Norms and in respect of which value addition has been specified in the I-O Norms, and such items are supplied to an exporter as replenishment for similar items already used in the manufacture of the Engineering Products against a Release Advice issued by the Licensing Authority:
Provided that no such Release Advice shall be issued by the Licensing Authority where benefit of duty exemption for such items has been availed under any other scheme.
(v) "Licensing Authority" means the Director General of Foreign Trade appointed under section 6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised by him to grant a licence under the said Act;
(vi) "Release Advice" means a Release Order indicating the name, description and technical characteristics of the iron and steel intermediates, their quantitites and value thereof as per the I-O norms.
Safeguard duty on Hot Rolled Flat Products of Stainless Steel-304 grade,
Notifn. No. 1/2013-Customs (SG), dt. 4.1.2013.
Whereas, in the matter of import of Hot Rolled Flat Products of Stainless Steel-304 grade classified within Chapter 72 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 its preliminary findings published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 714 (E), dated the 24th September, 2012 and subsequent Corrigendum vide G.S.R. 825 (E) dated 12th November, 2012 and Corrigendum-2 vide G.S.R. 841 (E) dated 23rd November, 2012 had come to the conclusion that increased imports of Hot Rolled Flat Products of Stainless Steel - 304 grade (upto a maximum width of 1605 mm) and encompassing all austenitic grades having minimum Nickel (Ni) content of 6 per cent., compulsorily containing Chromium with or without the presence of other alloying elements like Molybdenum, Titanium etc., (hereinafter referred to as the subject goods) falling under sub-headings 72191111, 72191112, 72191190, 72191200, 72191300, 72191400,72192111, 72192112, 72192121, 72192122, 72192131, 72192132,72192141, 72192142, 72192190, 72192211, 72192212, 72192219, 72192291, 72192292, 72192299, 72192310, 72192320, 72192390, 72192411, 72192412, 72192413, 72192419, 72192421, 72192422, 72192423, 72192429, 72192490, 72201110, 72201121, 72201122, 72201129, 72201190, 72201210, 72201221, 72201222, 72201229, 72201290 of the Customs Tariff Act, into India had caused and threatened to cause market disruption to the domestic industry comprising producers of the subject goods thereby necessitating the imposition of provisional safeguard duty on imports of the subject goods from the Peoples Republic of China into India;
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 on Hot Rolled Flat Products of Stainless Steel -304 grade (upto a maximum width of 1605 mm), and encompassing all austenitic grades having minimum Nickel (Ni) content of 6 percent., compulsorily containing Chromium with or without the presence of other alloying elements like Molybdenum, Titanium etc., falling under tariff items 72191111, 72191112, 72191190, 72191200, 72191300, 72191400, 72192111, 72192112, 72192121, 72192122, 72192131, 72192132, 72192141, 72192142, 72192190, 72192211, 72192212, 72192219, 72192291, 72192292, 72192299, 72192310, 72192320, 72192390, 72192411, 72192412, 72192413, 72192419, 72192421, 72192422, 72192423, 72192429, 72192490, 72201110, 72201121, 72201122, 72201129, 72201190, 72201210, 72201221, 72201222, 72201229, 72201290 of the First Schedule to the Customs Tariff Act, when imported into India, from the People's Republic of China, a provisional safeguard duty at the rate of 20 percent. ad-valorem.
2. The safeguard duty imposed under this notification shall be effective for a period of 200 days (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette.
Safeguard duty on Hot Rolled Flat Products of non-alloy and other alloy Steel in coils of a width of 600 mm or more:
Notifn. No. 2/2015-Customs (SG), dt. 14.9.2015.
Whereas, in the matter of import of "Hot-rolled flat products of non-alloy and other alloy Steel in coils of a width of 600 mm or more" (hereinafter referred to as the subject goods), falling under heading 7208 or tariff item 7225 30 90 ofthe First Schedule to the Customs TariffAct, 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. 690 (E), dated the 9th September, 2015, in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (i), dated the 9th September, 2015, has come to the conclusion that increased imports of subject goods into India has caused and threatened to cause serious injury to the domestic industry/producers of subject goods, and any delay in application for provisional Safeguard duty would cause damage which would be difficult to repair, necessitating the imposition of provisional safeguard duty on imports of subject goods into India, and accordingly has recommended the imposition of provisional safeguard duty on imports of the subject goods into India;
Now, therefore, in exercise of the powers conferred by sub-section (2) of section 8B of the said Customs Tariff Act, read with rules 10 and 14 of the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997, the Central Government after considering the said findings of the Director General (Safeguards), hereby imposes on subject goods falling under heading 7208 or tariff item 7225 30 90 of the First Schedule to the Customs Tariff Act, when imported into India, a provisional safeguard duty at the rate of twenty per cent. ad valorem.
2. The safeguard duty imposed under this notification shall be effective for a period of two hundred days (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette.
Explanation: The following are not included in the scope of subject goods:
a) Hot-rolled flat products of steel with nominal width less than 600mm;
b) API grade steel;
c) Silicon electrical steel;
d) Hot-rolled flat products of steel of spring steel quality;
e) Hot-rolled flat products of steel which are
electrolytically plated or coated with zinc;
f) Hot-rolled flat products of steel otherwise plated or coated with zinc; and
g) Hot-rolled flat products of stainless steel.
Notifn. No. 1/2016-Customs (SG), dt. 29.3.2016.
Whereas, in the matter of import of "Hot-rolled flat products of non-alloy and other alloy Steel in coils of a width of 600 mm or more" (hereinafter referred to as the subject goods), falling under heading 7208 or tariff item 7225 30 90 ofthe First Schedule to the Customs TariffAct, 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. 690 (E), dated the 9th September, 2015, in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (i), dated the 9th September, 2015, had come to the conclusion that increased imports of subject goods into India has caused and threatened to cause serious injury to the domestic industry and 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 has imposed provisional safeguard duty on import of the subject goods into India for a period of two hundred days with effect from the 14th day of September, 2015 vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 2/2015-Customs (SG), dated the 14th September, 2015 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number GSR 694 (E), dated the 14th September, 2015;
And whereas, in the final findings vide number G.S.R. 308(E), dated the 15th March, 2016, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), the Director General (Safeguard) has recommended the imposition of safeguard duty on subject goods falling under heading 7208 or tariff item 7225 30 90 of the First Schedule to 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 and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 2/2015- Customs(SG), dated the14th September, 2015 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number GSR 694 (E), dated the 14th September, 2015, the Central Government, after considering the said findings of the Director General (Safeguards) and subject to the provisions of paragraph 2, hereby imposes on subject goods falling under heading 7208 or tariff item 7225 30 90 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 minus anti-dumping duty payable, if any, when imported during the period from 14th September, 2015 to 13th September, 2016 (both days inclusive);
(b) eighteen per cent ad valorem minus anti-dumping duty payable, if any, when imported during the period from 14th September, 2016 to 13th March, 2017 (both days inclusive);
(c) fifteen per cent ad valorem minus anti-dumping duty payable, if any, when imported during the period from 14th March, 2017 to 13th September, 2017 (both days inclusive); and
(d) ten per cent ad valorem minus anti-dumping duty payable, if any, when imported during the period from 14th September, 2017 to 13th March, 2018 (both days inclusive).
2. The safeguard duty shall not be imposed on the subject goods which are imported at or above the Minimum Import Price in terms of the notification of the Government of India in the Ministry of Commerce and Industry (Department of Commerce) (Directorate General of Foreign Trade) No. 38/2015-2020, dated the 5th February, 2016 published in the Gazette of India (Extraordinary), Part II, Section 3, Sub-section (ii) vide S.O. 391(E) dated the 5th February, 2016.
3. Nothing contained in this notification shall apply to imports of subject goods from countries notified as developing countries under clause (a) of sub-section (6) of section 8B of the Customs Tariff Act, other than People's Republic of China and Ukraine.
e) Hot-rolled flat products of steel which are electrolytically plated or coated with zinc;