THE FIRST SCHEDULE TO THE CUSTOMS TARIFF ACT, 1975
SECTION VI
PRODUCTS OF THE CHEMICAL OR ALLIED INDUSTRIES
Notes :
1. (A) Goods (other than radioactive ores) answering to a description in heading 2844 or 2845 are to be classified in those headings and in no other heading of this Schedule.
(B) Subject to paragraph (A) above, goods answering to a description in heading 2843, 2846 or 2852 are to be classified in those headings and in no other heading of this Section.
2. Subject to Note 1 above, goods classifiable in heading 3004, 3005, 3006, 3212, 3303, 3304, 3305, 3306, 3307, 3506, 3707 or 3808 by reason of being put up in measured doses or for retail sale are to be classified in those headings and in no other heading of this Schedule.
3. Goods put up in sets consisting of two or more separate constituents, some or all of which fall in this Section and are intended to be mixed together to obtain a product of Section VI or VII, are to be classified in the heading appropriate to that product, provided that the constituents are:-
(a) having regard to the manner in which they are put up, clearly identifiable as being intended to be used together without first being repacked;
(b) presented together; and
(c) identifiable, whether by their nature or by the relative proportions in which they are present, as being complementary one to another.
4. Where a product answers to a description in one or more of the headings in Section VI by virtue of being described by name or function and also to heading 3827, then it is classifiable in a heading that references the product by name or function and not under heading 3827.
Chapter 28
Inorganic chemicals, organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes
1. Except where the context otherwise requires, the headings of this Chapter apply only to:-
(a) separate chemical elements and separate chemically defined compounds, whether or not containing impurities;
(b) the products mentioned in (a) above dissolved in water;
(c) the products mentioned in (a) above dissolved in other solvents provided that the solution constitutes a normal and necessary method of putting up these products adopted solely for reasons of safety or for transport and that the solvent does not render the product particularly suitable for specific use rather than for general use;
(d) the products mentioned in (a), (b) or (c) above with an added stabiliser (including an anticaking agent) necessary for their preservation or transport;
(e) the products mentioned in (a), (b), (c) or (d) above with an added anti-dusting agent or a colouring substance added to facilitate their identification or for safety reasons, provided that the additions do not render the product particularly suitable for specific use rather than for general use.
2. In addition to dithionites and sulphoxylates, stabilised with organic substances (heading 2831), carbonates and peroxocarbonates of inorganic bases (heading 2836), cyanides, cyanide oxides and complex cyanides of inorganic bases (heading 2837), fulminates, cyanates and thiocyanates, of inorganic bases (heading 2842), organic products included in headings 2843 to 2846 and 2852 carbides (heading 2849), only the following compounds of carbon are to be classified in this Chapter:-
(a) oxides of carbon, hydrogen cyanide and fulminic, isocyanic, thiocyanic and other simple or complex cyanogen acids (heading 2811);
(b) halide oxides of carbon (heading 2812);
(c) carbon disulphide (heading 2813);
(d) thiocarbonates, selenocarbonates, tellurocarbonates, selenocyanates, tellurocyanates, tetrathiocyanatodiamminochromates (reineckates) and other complex cyanates, of inorganic bases (heading 2842);
(e) hydrogen peroxide, solidified with urea (heading 2847), carbon oxysulphide, thiocarbonyl halides, cyanogen, cyanogen halides and cyanamide and its metal derivatives (heading 2853) other than calcium cyanamide, whether or not pure (Chapter 31).
3. Subject to the provisions of Note 1 to Section VI, this Chapter does not cover:-
(a) sodium chloride or magnesium oxide, whether or not pure, or other products of Section V;
(b) organo-inorganic compounds other than mentioned in Note 2 above;
(c) products mentioned in Note 2, 3,4 or 5 to Chapter 31;
(d) inorganic products of a kind used as luminophores, of heading 3206; glass frit and other glass in the form of powder, granules or flakes, of heading 3207;
(e) artificial graphite (heading 3801); products put up as charges for fire extinguishers or put up in fire-extinguishing grenades, of heading 3813; ink removers put up in packings for retail sale, of heading 3824; cultured crystals (other than optical elements) weighing not less than 2.5 g each, of the halides of the alkali or alkaline-earth metals, of heading 3824;
(f) precious or semi-precious stones (natural, synthetic or reconstructed) or dust or powder of such stones (headings 7102 to 7105), or precious metals or precious metal alloys of Chapter 71;
(g) the metals, whether or not pure, metal alloys or cermets, including sintered metal carbides (metal carbides sintered with a metal), of Section XV; or
(h) optical elements, for example, of the halides of the alkali or alkaline-earth metals (heading 9001).
4. Chemically defined complex acids consisting of a non-metal acid of Sub-Chapter II and a metal acid of Sub-Chapter IV are to be classified in heading 2811.
5. Headings 2826 to 2842 apply only to metal or ammonium salts or peroxysalts.
Except where the context otherwise requires, double or complex salts are to be classified in heading
2842.
6. Heading 2844 applies only to:-
(a) technetium (atomic No. 43), promethium (atomic No. 61), Polonium (atomic No. 84) and all elements with an atomic number greater than 84;
(b) natural or artificial radioactive isotopes (including those of the precious metals or of the base metals of Sections XIV and XV), whether or not mixed together;
(c) compounds, inorganic or organic, of these elements or isotopes, whether or not chemically defined, whether or not mixed together;
(d) alloys, dispersions (including cermets), ceramic products and mixtures containing these elements or isotopes or inorganic or organic compounds thereof and having a specific radioactivity exceeding 74 Bq/g (0.002 micro uci/g);
(e) spent (irradiated) fuel elements (cartridges) of nuclear reactors;
(f) radioactive residues whether or not usable.
The term "isotopes", for the purposes of this Note and of the wording of headings 2844 and 2845, refers to:-
(i) individual nuclides, excluding, however, those existing in nature in the monoisotopic state;
(ii) mixtures of isotopes of one and the same element, enriched in one or several of the said isotopes, that is, elements of which the natural isotopic composition has been artiticially modified.
7. Heading 2853 includes copper phosphide (phosphor copper) containing more than 15 % by weight of phosphorus.
8. Chemical elements (for example, silicon and selenium) doped for use in electronics are to be classified in this Chapter, provided that they are in forms unworked as drawn, or in the form of cylinders or rods. When cut in the forms of discs, wafers or similar forms, they fall in heading 3818.
Sub-heading Note:
For the purposes of sub-heading 2852 10, the expression "chemically defined" means all organic or inorganic compounds of mercury meeting the requirements of clauses (a) to (e) of Note 1 to Chapter 28 or clauses ( a) to (h) of Note 1 to Chapter 29.
Supplementary Note :
1. Sub-heading 2804 40 includes, liquefied or solidified gas.
2. In this Chapter, reference to any standard of the Bureau of Indian Standards refers to the last published version of that standard.
ALUMINIUM OXIDE; ALUMINIUM HYDROXIDE
[Notifn. No.37/09-Cus., dated 20.4.2009]
Whereas, in the matter of import of Soda Ash falling under sub-heading 2836 20 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) from the People's Republic of China, the Director General (Safeguard), in preliminary findings published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 30th January, 2009, vide number G.S.R. 62 (E), dated the 30th January, 2009, had come to the conclusion that increased imports of Soda Ash into India from the People's Republic of China had caused and threatened to cause market disruption to domestic industry of Soda Ash and it necessitates the imposition of provisional safeguard duty on imports of Soda Ash 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, at the rate of 20 per cent. ad valorem on import of Soda Ash, falling under sub-heading 2836 20 of the First Schedule to the said Act, when imported into India from the People's Republic of China. 2. The safeguard duty imposed under this notification shall be effective upto and inclusive of the 5th November, 2009 unless revoked, superseded or amended earlier.
[Notfn. No. 122/ 2009-Cus., dt. 5.11.2009.]
Whereas, in the matter of import of Soda Ash (hereinafter also referred as the subject goods), falling under tariff item 2836 20, 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 (Safeguards), in its preliminary findings vide number G.S.R. 62 (E), dated the 30th January, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 30th January, 2009, had come to the conclusion that increased imports of Soda Ash into India from the People's Republic of China had caused and threatened to cause market disruption to domestic industry of Soda Ash and that this had necessitated the imposition of provisional safeguard duty on imports of Soda Ash into India from People's Republic of China ;
And whereas, on the basis of the aforesaid findings of the Director General (Safeguards), the Central Government had imposed provisional Safeguard duty on imports of the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 37/ 2009-CUSTOMS, dated the 20th April, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 20th April, 2009, vide number G.S.R.264 (E), dated the 20th April, 2009;
And whereas, the Director General (Safeguards) in its final findings vide number G.S.R.725(E), dated the 6th October, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (i), dated the 6th October, 2009 had come to the conclusion that increased imports of Soda Ash into India from the People's Republic of China had caused and threatened to cause market disruption to the domestic industry of Soda Ash and it necessitated the imposition of definitive safeguard duty on imports of Soda Ash into India from People's Republic of China;
Now, therefore, in exercise of the powers conferred by sub-section (1) 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 (Safeguards), hereby imposes a safeguard duty at the rate of 20% ad valorem on Soda Ash, falling under tariff item 2836 20 of the First Schedule to the said Act, when imported into India from the People's Republic of China.
2. The Safeguard duty imposed under this notification shall be levied with effect for one year from the date of imposition of the provisional Safeguard duty, and shall remain in force upto and inclusive of the 19th April, 2010.
[Notfn. No. 131/ 2009-Cus., dt. 4.12.2009.]
Whereas, in the matter of import of Caustic Soda lye , falling under tariff item 2815 12 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Act), the Director General (Safeguard), in preliminary findings vide number G.S.R.754(E), dated the 15th October, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 15th October, 2009, had come to the conclusion that increased imports of Caustic Soda lye into India had caused and threatened to cause further serious injury to the domestic producers of Caustic Soda lye and it necessitates the imposition of provisional safeguard duty on imports of Caustic Soda lye into India;
Now, therefore, in exercise of the powers conferred by sub-section (2) of section 8B of the said 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 (Safeguard), hereby imposes on Caustic Soda lye, falling under tariff item 2815 12 00 of the First Schedule to the said Act, when imported into India, a safeguard duty at the rate of 15 per cent. ad valorem.
2. Nothing contained in this notification shall apply to imports of Caustic Soda lye from countries notified as developing countries under clause (a) of sub-section (6) of section 8B of the said Act, other than the People's Republic of China, Indonesia, Qatar, Saudi Arabia and Thailand.
3. The safeguard duty imposed under this notification shall be effective upto and inclusive of the 3rd March, 2010 (unless revoked, superseded or amended earlier).
[Notfn. No. 72/ 2010-Cus., dt. 28.6.2010.]
Whereas, in the matter of import of Soda Ash (hereinafter also referred to as the subject goods), falling under tariff item 2836 20, 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 (Safeguards), in its preliminary findings vide number G.S.R. 62 (E), dated the 30th January, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 30th January, 2009, had come to the conclusion that increased imports of Soda Ash into India from the People's Republic of China had caused and threatened to cause market disruption to domestic industry of Soda Ash and that this had necessitated the imposition of provisional safeguard duty on imports of Soda Ash into India from People's Republic of China ;
And whereas, the Director General (Safeguards) in its final findings vide number G.S.R.725(E), dated the 6th October, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (i), dated the 6th October, 2009 had come to the conclusion that increased imports of Soda Ash into India from the People's Republic of China had threatened to cause market disruption to the domestic industry of Soda Ash and it necessitated the imposition of definitive safeguard duty on imports of Soda
Ash into India from People's Republic of China;
And whereas, on the basis of the aforesaid findings of the Director General (Safeguards), the Central Government had imposed Safeguard duty on imports of the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 122/2009-Customs, dated the 5th November, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (i), dated the 5th November, 2009, vide number G.S.R.797 (E), dated the 5th November, 2009;
And whereas, the Director General (Safeguards) in its final findings in review proceedings vide number G.S.R.318(E), dated the 13th April, 2010, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 13th April, 2010 (hereinafter referred to as the said findings) had come to the conclusion that threat of market disruption to the domestic industry of Soda Ash continued to exist and it necessitated the continuation of safeguard duty on imports of Soda Ash into India from People's Republic of China;
Now, therefore, in exercise of the powers conferred by sub-section (1), of section 8C of the said Act, and in accordance with the rules 12, 14 and 17 of the Customs Tariff (Transitional Product Specific Safeguard Duty) Rules, 2002, the Central Government after considering the said findings of the Director General (Safeguards), hereby imposes a safeguard duty at the rate of 16% ad valorem on Soda Ash, falling under tariff item 2836 20 of the First Schedule to the said Act, when imported into India from the People's Republic of China.
2. The Safeguard duty imposed under this notification shall be levied with effect from the date of publication of this notification in Gazette of India, and shall remain in force upto and inclusive of the 19th April, 2011.
THE SEVENTH SCHEDULE
[See Section 58 (1)]
Nothing contained in sub-section (1), of Section 8B of Customs Tariff Act, 1975 shall apply to imports of Caustic Soda Iye from Countries notified as developing countries under clause (a), of sub-section (6) of section 8B of the said Act, other than the People's Republic of China, Indonesia, Qatar, Saudi Arabia and Thailand. (vide sec.61 (2) of Finance Act 2011).
Safeguard duty on Carbon Black.
Notifin. No.4/2012-Cus. (SG), dt. 5.10.2012.
Whereas, in the matter of import of Carbon Black (for rubber application) (hereinafter referred to as the subject goods), falling under tariff item 2803 00 10 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 the final findings, vide number G.S.R. 602 (E), dated the 31st July, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 31st July, 2012, had come to the conclusion that increased imports of Carbon Black (for rubber application) into India from the People's Republic of China had caused and threatened to cause market disruption to the domestic producers of Carbon Black and it had necessitated the imposition of definitive safeguard duty on imports of Carbon Black (for rubber application) into India;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 8C of the said Act, and in accordance with the rules 12, 14 and 17 of the Customs Tariff (Transitional Product Specific Safeguard Duty) Rules, 2002, the Central Government after considering the said findings of the Director General (Safeguards), hereby imposes a safeguard duty on Carbon Black (for rubber application) , falling under tariff item 2803 00 10 of the First Schedule to the said Act, when imported into India from the People's Republic of China at the rate of-
(a) Thirty per cent ad valorem minus anti-dumping duty payable, if any, when imported during the period from 5th October, 2012 to 4th October, 2013(both days inclusive); and
(b) Twenty five per cent ad valorem, minus anti-dumping duty payable, if any, when imported during the period from 5th October, 2013 to 31st December, 2013(both days inclusive).