WORLD TRADE
ORGANIZATIONG/SG/N/10/IND/5/Suppl.1
17 December 2001
(01-6347)
Committee on Safeguards Original:  English
NOTIFICATION PURSUANT TO ARTICLE 12.1(C)
OF THE AGREEMENT ON SAFEGUARDS
INDIA
Supplement
The following communication, dated 27 November 2001, has been received from the
Permanent Mission of India.
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Please refer to our communication dated 25 May 2001 forwarding therewith a notification
(No. SG/INV/2/98(Rev) dated 16 May 2001) containing  the final findings of the Director General
(Safeguards) concerning the review of imposition of  safeguard duty on imports of Phenol into India.
This notification was circulated as a WTO do cument bearing No. G/SG /N/8/IND/6/Suppl.1 dated
29 May 2001.
Please find herewith Government of Indi a Notification No. 73/2001-CUSTOMS dated
28 June 2001 containing the Government decision on the imposition of safeguard duty on this item
based on the aforementioned review proceedings.G/SG/N/10/IND/5/Suppl.1
Page 2
NOTIFICATION
NEW DELHI, 28 JUNE 2001
No. 73/2001-CUSTOMS
1. G.S.R. 488(E) - WHEREAS in the matter of import of Phenol, falling under sub-heading
No. 2907.11 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), the Director General
(Safeguards) vide its final findings, dated 12 May 1999, published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i), dated 11 June 1999 vide GSR 430(E), dated
11 June 1999 had come to the conclusion that increased imports of Phenol into India were threateningto cause serious injury to the domestic producers of Phenol and it would be in public interest to
impose safeguard duty for a period of two years on imports of Phenol into India.
AND WHEREAS after considering the aforesaid final findings of the Director General
(Safeguards), the Central Government has imposed safeguard duty on Phenol vide notification
No. 82/99-Customs, dated 30 June 1999 [GSR 481(E),  dated 30 June 1999] published in the Gazette
of India, Extraordinary, Part II, Section 3, Sub- section (i), dated 30 June 1999, up to and inclusive of
29 June 2001.
AND WHEREAS the Director General (Safeguards) vide its final findings in review, dated
16 May 2001, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i),
dated 20 June 2001 vide G.S.R. 441(E), dated 20 June 2001 has come to the conclusion that the
domestic producers of Phenol are facing a continued threat of serious injury from imports of Phenol
and they would require a further period of two years to substantially complete their restructuring plan
and it would be in the public interest to continue safeguard duty for a further period of two years onimports of Phenol into India.
Now therefore, in exercise of powers conferred by sub-sections (1) and (4) of Section 8B of
the said Customs Tariff Act, read with Rule 18 of Customs Tariff (Identification and assessment of
Safeguard Duty) Rules, 1997, the Central Government after considering the aforesaid final findings in
review, hereby imposes on Phenol, falling under sub-heading number 2907.11 of the First Schedule to
the said Customs Tariff Act, when imported into India, a safeguard duty at the rate of:
(a) 10 per cent, when imported from 30 June 2001 to 29 June 2002 (both days inclusive);
and
(b) 7 per cent, when imported from 30 June 2002 to 29 June 2003 (both days inclusive).
2. Nothing contained in this notification shall apply to imports of Phenol made:
(a) under an Advance Licence, subject to the condition that the said Phenol shall not be
disposed of or utilized in any manner except for utilization in discharge of exportobligation, or for replenishment of article so utilized and the article so replenished
shall not be sold or transferred to any other person;
(b) from countries notified as developing countries under clause (a) of sub-section (6) of
Section 8B of the said Customs Tariff Act.G/SG/N/10/IND/5/Suppl.1
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Explanation - In this notification, "Advance Licence" means:
(i) Quantity Based Advanced Licence issued in terms of paragraph 50 of the Export and
Import Policy 1 April 1992-31 March 1997 published vide public notice of the
Government of India in the Ministry of Commerce No. 1-ITC(PN)/ 92-97, dated
31 March 1992, as amended from time to time, and endorsed with non-transferable
and actual user condition;  or
(ii) Quantity Based Advance Licence issued in terms of paragraph 7.4 of the Export and
Import Policy 1 April 1997-31 March 2002 published vide notification of the
Government of India in the Mini stry of Commerce No. 1/1997-2002, dated
31 March 1997, as amended from time to time;  or
(iii) Annual Advance Licence issued in terms of paragraph 7.4A of the Export and Import
Policy 1 April 1997-31 March 2002 published vide notification of the Government of
India in the Ministry of Commerce No. 1/1997-2002, dated 31 March 1997, as
amended from time to time.
[F. No. 354/79/99-TRU(Pt-11)]
  G.D. LOHANI, Under Secy.
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