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OFFICE OF THE COMMISSIONER OF CUSTOMS CUSTOM HOUSE, COCHIN – 9

- - - - - PUBLIC NOTICE No. 20 / 2010

Attention of the trade and public is invited to the following instructions of the C.B.E.C, enclosed herewith, for information:

Sl. No.

Instruction No. and origin Subject

1. Notification No. 65/2010 – Customs, dated 01-06-2010

Amends Notification No.153/2009-Customs, dated the 31st December, 2009


Amends Notification No.39/96-Customs, dated the 23rd July, 1996


Amends Notification No. 96/2008-Customs, dated the 13th August, 2008


Regarding anti dumping duty on imports of specified phosphorous based chemical compounds, originating in or exported from European Union and China PR


Amends Notification No. 21/2002-Customs, dated the 1st March, 2002


Regarding anti-dumping duty on Poly Vinyl Chloride Paste Resin also called as Emulsion PVC Resin originating in, or exported from European Union

7. Notification No 71/2010 – Customs, dated 25-06-2010

Rescinds Notification No. 115/2009-Customs, dated the 6th October,2009

8. Notification No 72/2010 – Customs, dated 28-06-2010

Regarding imposition of provisional safeguard duty on imports of Soda Ash into India from People's Republic of China

9. Notification No 43/2010 - Customs (N.T.), dated 31-05-2010

Amends Notification No. 36/2001 – Customs (N.T.), dated, the 3rd August, 2001

10 Notification No 44/2010 - Customs (N.T.), dated 31-05-2010

Amends Customs Tariff [Determination of Origin of Goods under the Preferential Trade Agreement between the Governments of Member States of the Association of Southeast Asian Nations (ASEAN) and the Republic of India] Rules, 2009

11 Notification No 45/2010 – Customs, (N.T.), dated 04-06-2010

Amends Notification No. 63/94-Customs (NT), dated 21st November, 1994


Amends Notification No. 12/97-Customs (N.T.), dated the 2nd April, 1997




Makes Re-export of Imported Goods (Drawback of Customs Duties) Amendment Rules, 2010


Makes Customs, Central Excise Duties and Service Tax Drawback (Second Amendment) Rules, 2010

http://cbec.gov.in/customs/cs-act/notifications/notfns-2k10/cs-nt2k10/csnt49-2k10.htm














http://cbec.gov.in/customs/cs-act/notifications/notfns-2k10/cs-tarr2k10/cs72-2k10.htm








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Prohibits the import of specified goods intended for sale or use in India, subject to certain conditions and procedures





19 Notification No. 27/2010 – C.E. dated 04-06-2010

Amends Notification No.64/95-Central Excise, dated the 16th March, 1995


Seeks to exempt the Education Cess


Seeks to exempt the Higher Education Cess

22 Notification No. 01/2010 – CEC, dated 22-06-2010

Enactment of Finance Act, 2010 (14 of 2010) [Clean Energy Cess Notification]


Applicability of Finance Act, 2010 (14 of 2010) [Clean Energy Cess Notification


Effective rate of cess leviable on goods [Clean Energy Cess Notification]


Exemption to specified goods [Clean Energy Cess Notification]


Clean Energy Cess exemption to the State of Meghalaya [Clean Energy Cess Notification]


Makes Clean Energy Cess Rules, 2010 [Clean Energy Cess Notification]

28 DGFT Notification No. 48/2009-2014 Dt. 15.06.2010

Mandatory Indian quality standards


Prohibition on import of milk and milk products from China.


Amendments in the Notification No. 16 (RE-2008)/2004-2009 Dated 26 June, 2008

[Issued in F.No.C1/03/2010-TU Part - II ]

( V RAMA MATHEW ) COMMISSIONER

Cochin, dated: 28-07-2010Annexure : As above

Copy to:

1. The Chief Commissioner’s Office, Cochin.

2. Commissioner’s file/ Addl. Commissioners / Jt. Commissioner / All D.Cs & A.Cs / Development Commissioner (CSEZ) / All Appraisers /All Sections / Guard File & As per mailing list. .All concerned officers are directed to note and comply with the instructions/changes. No separate S.O. is being issued.

https://dgftcom.nic.in/exim/2000/not/not09/not5009.htm



http://cbec.gov.in/excise/cx-act/notfns-2k10/cx-tarr2k10/cec06-2k10.htm






http://cbec.gov.in/excise/cx-act/notfns-2k10/cx-tarr2k10/ce29-2k10.htm









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[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No. 65 /2010-Customs

New Delhi, dated the 1st June, 2010

G.S.R. (E).- In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 153/2009-Customs, dated the 31st December, 2009 which was published in the Gazette of India, Extraordinary, vide number G.S.R. 944 (E), dated the 31st December, 2009, namely:- In the said notification, in the Appendix I, after serial number 3 and the entries relating thereto, the following serial number and entry shall be inserted, namely:-

S. No. Name of the Country “4 Vietnam”

F. No. 354/64/2003-TRU (Pt.I)]

(KSVV Prasad) Under Secretary to the Government of India

Note.- The principal notification No.153/2009-Customs, dated the 31st December, 2009 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i), vide number G.S.R. 944 (E), dated the 31st December, 2009.


Government of IndiaMinistry of Finance

(Department of Revenue)

New Delhi, 4th June, 2010 Notification No. 66 /2010-Customs

G.S.R. (E). - In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments, in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.39/96-Customs, dated the 23rd July, 1996, published vide G.S.R. 291(E), dated the 23rd July, 1996, namely:-

In the said notification, in the TABLE, after S.No.33 and the entries relating thereto, the following S.No. and entries shall be added, namely:-

(1) (2) (3)“34 Ballistic

grade aramid yarn

If,-(a) the goods are imported by a manufacturer for use in the manufacture of Ballistic grade aramid fabric; (b) the procedure laid down in the Customs (Import of Goods at concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 1996 is followed while importing the goods;and

(c) the importer, at the time of importation, in each case, furnishes to the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, an undertaking that such aramid fabric shall be supplied only to a manufacturer of bullet proof jackets for further supply to the armed Forces of the Union under the Ministry of Defence or the Police Forces of the States or the Union territories.

Explanation. – The expression “Police Forces of the States or the Union-

Page : 5

territories” shall include the Central Reserve Police Force, the Indo-Tibetan Border Police Force, the Special Services Bureau, the Border Security Force, the Central Industrial Security Force and the National Security Guards maintained or constituted under the Central Reserve Police Force Act, 1949 (66 of 1949), the Indo-Tibetan Border Police Force Act, 1992 (35 of 1992), the Border Security Force Act, 1968 (47 of 1968), the Central Industrial Security Force Act, 1968 (50 of 1968) and the National Security Guard Act, 1986 (47 of 1986).”.

[F.No. 354/42/2010-TRU]

(K.S.V.V.Prasad)Under Secretary to the Government of India

Note:- The principal notification No.39/96-Customs dated the 23rd July, 1996 was published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i) vide number G.S.R. 291 (E), dated the 23rd July,1996 and last amended vide notification No.51/2010-Customs dated , the 16th April, 2010, published vide number G.S.R. 328(E), dated the 16th April, 2010.

TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]



Notification No. 67/2010-Customs

New Delhi, dated the 8th June, 2010

G.S.R. (E).- In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 96/2008-Customs, dated the 13 th August, 2008 which was published in the Gazette of India, Extraordinary, vide number G.S.R. 590 (E), dated the 13 th August, 2008, namely:-

In the said notification,-(a) in the opening paragraph, in clause (i) for the figures and words “80 per cent”, the figures and words “60 per cent” shall be substituted.

(b) in Appendix I, in the Table, in column (4),-

(i) for the entry “2%”, wherever it occurs, the entry “4%” shall be substituted;(ii) for the entry “3%”, wherever it occurs, the entry “6%” shall be substituted;

(iii) for the entry “4%”, wherever it occurs, the entry “8%” shall be substituted;(iv) for the entry “5%”, wherever it occurs, the entry “10%” shall be substituted;(v) for the entry “6%”, wherever it occurs, the entry “12%” shall be substituted;

(vi) for the entry “9%”, wherever it occurs, the entry “18%” shall be substituted;(vii) for the entry “10%”, wherever it occurs, the entry “20%” shall be substituted;

(viii) for the entry “12%”, wherever it occurs, the entry “24%” shall be substituted;(ix) for the entry “15%”, wherever it occurs, the entry “30%” shall be substituted;(x) for the entry “18%”, wherever it occurs, the entry “36%” shall be substituted;

(xi) for the entry “20%”, wherever it occurs, the entry “40%” shall be substituted;

(c) in the Schedule, after S. No. 23 and the entries relating thereto, the following S. No. and entries shall be added, namely,-

S. No. Name of the Country “24 Republic of East Timor25 Republic of Zambia”

[F. No. 354/189/2005-TRU (Vol II)]

(Prashant Kumar) Under Secretary to the Government of India

Page : 6

Note: The principal notification was published in the Gazette of India, Extraordinary, vide number G.S.R. 590(E), dated the 13th August, 2008 and was last amended by notification No. 64/2010-Customs, dated the 14th May, 2010 number G.S.R. 405 (E) dated the 14th May, 2010.


GOVERNMENT OF INDIAMINISTRY OF FINANCE


Notification No. 68 /2010-Customs

New Delhi, the 18th June, 2010

G.S.R. (E). – Whereas the designated authority had initiated anti dumping investigation in the matter of imports of five phosphorous based chemical compounds, namely; (1) Phosphorous trichloride (PCL3), (2) Phosphorous Pentachloride (PCL5), (3) Phosphorous oxychloride (POCL3), (4) Triphenyl phosphite (TPPI), (5) Trimethyl phosphite (TMP), originating in or exported from European Union and China PR, vide notification No. 14/3/2009-DGAD, dated the 13th February, 2009;

And whereas, the designated authority in its preliminary findings vide notification No. 14/3/2009-DGAD, dated the 18th August, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18th August, 2009, had come to the conclusion that various parameters relating to domestic industry collectively and cumulatively established that the domestic industry had suffered material injury in case of imports of Phosphorus Pentachloride (PCL5 ) falling under sub-heading 2812 1022 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Customs Tariff Act), and had recommended imposition of provisional anti-dumping duty on the imports of Phosphorus Pentachloride (PCL5 ), originating in or exported from, the People’s Republic of China ;

And whereas, on the basis of the aforesaid preliminary findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the Phosphorus Pentachloride (PCL5) only vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 119/2009-Customs, dated 16th October, 2009 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.758 (E), dated the 16th October, 2009;

And whereas, the designated authority in its final findings vide notification No. 14/3/2009-DGAD dated 7th April 2010, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th April 2010, had come to the conclusion that that various parameters relating to domestic industry collectively and cumulatively established that the domestic industry had suffered material injury in case of imports of Phosphorus Pentachloride (PCL5) and Trimethyl Phosphite (TMP), falling under sub heading 2920 90 41 of the said Customs Tariff Act, (hereinafter referred to as the subject goods) and had recommended imposition of definitive anti-dumping duty on the imports of Phosphorus Pentachloride (PCL5 ) and Trimethyl Phosphite (TMP), originating in or exported from, the People’s Republic of China ;Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act and rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central government, on the basis of the aforesaid final findings of the designated authority, hereby imposes on the subject goods, the description of which is specified in column (3) of the Table below, falling under sub- heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), originating in the country as specified in the corresponding entry in column (4), and produced by the producers as specified in the corresponding entry in column (6), when exported from the country as specified in the corresponding entry in column (5), by the exporters as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the amount indicated in the corresponding entry in column (8), in the currency as specified in the corresponding entry in column (10) and per unit of measurement as specified in the corresponding entry in column (9), of the said Table.

Table

Sl. No

Sub heading

Description of goods

Country of

origin

Country of

exports

Producer Exporter Duty amount

Unit Currency

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 1. 2812 10 22 Phosphorus

Pentachloride (PCL5)

China PR

China PR

M/s Xuzhou Jianping Chemical Co. Ltd.

M/s China Haohua Chemical (Group) Corporation

0.467 Per KG US Dollar

2. 2812 10 22 Phosphorus Pentachloride (PCL5)

China PR

China PR

M/s Xuzhou Jianping Chemical Co. Ltd.

M/s Sinochem International Corporation


Page : 7


China PR

China PR

Any combination of producer and exporter except at Sr. No.

1and 2


4. 2812 1022 Phosphorus Pentachloride (PCL5)

China PR

Any Any Any 0.777 Per KG US Dollar


Any China PR

Any Any 0.777 Per KG US Dollar

6. 2920 90 41 Trimethyl Phosphite (TMP)

China PR

China PR

M/s Luohe Huipu Chemistry Industry Factory

M/s Sinochem International Corporation



China PR

China PR

M/s Sancaitang Chemical Industry and Technology Co.Ltd. HB

M/s China Haohua

Chemical (Group)

Corpoartion



China PR

China PR

Any combination of producer and exporter except at Sr. No.6 and 7



China PR

Any Any Any 0.575 Per KG US Dollar


Any China PR

Any Any 0.575 Per KG US Dollar

2. The anti-dumping duty imposed shall be levied for a period of five years (unless revoked, superseded or amended earlier) from the date of,-

(i) imposition of the provisional anti-dumping duty, that is, the 16th October,2009 in the case of imports of Phosphorus Pentachloride (PCL5 ), originating in or exported from, the People’s Republic of China; and

(ii) publication of this notification in the Gazette of India, in the case of imports of Trimethyl Phosphite (TMP), originating in or exported from, the People’s Republic of China.

and the anti-dumping duty imposed shall be payable in Indian currency. Explanation: For the purposes of this notification, rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by section 14 of the Customs Act, 1962, (52 of 1962), and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.

[F.No.354/187/2009 –TRU]

(Prashant Kumar)Under Secretary to the Government of India.



(DEPARTMENT OF REVENUE) New Delhi, the 23rd June, 2010

Notification No. 69/2010-Customs G.S.R. (E). - In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 21/2002-Customs, dated the 1st March, 2002 which was published in the Gazette of India, Extraordinary, vide G.S.R. 118 (E) of the same date, namely: - In the said notification, -(I) in the Table,- (i) against S.No. 200, for the entry in column (3), the entry “Melting scrap of iron or steel (other than stainless steel)” shall be substituted.

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[F. No. 354/94/2010-TRU]

(Prashant Kumar) Under Secretary to the Government of India

Note: The principal notification No. 21/2002-Customs, dated the 1st March, 2002 was published in the Gazette of India, Extraordinary, vide number G.S.R. 118(E), dated the 1st March, 2002 and was last amended vide notification No. 54/2010-Customs, dated the 29th April, 2010 published vide number G.S.R. 362(E), dated the 29th April, 2010.




Notification No. 70 /2010-CustomsNew Delhi, the 25th June, 2010

G.S.R. (E).- Whereas, the designated authority vide notification No.15/27/2008-DGAD, dated the 31st

March, 2009, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 1st April, 2009, had initiated review in the matter of continuation of final anti-dumping duty on Poly Vinyl Chloride Paste Resin also called as Emulsion PVC Resin (hereinafter referred to as the subject goods), falling under sub-heading 3904 22 10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (herein after referred to as the said Customs Tariff Act), originating in, or exported from European Union (hereinafter referred to as the subject country), imposed vide notification of Government of India in the Ministry of Finance (Department of Revenue), No. 104/2004–Customs, dated the 7th October ,2004, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide, number G.S.R. 659 (E), dated the 7th October ,2004, and extended by notification No. 115/2009-Customs dated 6th October,2009 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide, number G.S.R.724 (E), dated the 6th October, 2009;

And whereas, the designated authority vide notification No. 15/27/2008-DGAD, dated the 26th April, 2010, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated, the 26th April, 2010, after conducting Sunset Review had come to the conclusion that-

(i) the subject goods were entering the Indian market at dumped prices and dumping margin of the subject goods imported from subject territory was significant and above the de-minimis limits prescribed. The subject goods continued to be exported to India at dumped prices inspite of existing anti dumping duties;

(ii) the situation of domestic industry had deteriorated further in spite of the existing anti dumping duties. Further, should the present anti dumping duties be revoked, injury to the domestic industry was likely to continue and intensify;

(iii) the deterioration in the performance of the domestic industry was because of dumped imports from the subject territory;

(iv) the current level of anti dumping duty was insufficient to address the continued dumping and consequent injury to the domestic industry and thus the anti-dumping duty was required to be extended and modified;

and had recommended the continued imposition of definitive anti-dumping duty on all imports of the subject

goods, originating in, or exported from the subject country;

Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and rules 18 and 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, on the basis of the aforesaid final findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under sub heading of the First Schedule to the said Customs Tariff Act specified in the corresponding entry in column (2), originating in the country specified in the corresponding entry in column (4) , and produced by the producers specified in the corresponding entry in column (6), when exported from the country specified in the corresponding entry in column (5), by the exporters specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at a rate which is equal to the amount specified in the corresponding entry in column (8), in the currency specified in the corresponding entry in column (10) and per unit of measurement specified in the corresponding entry in column (9) of the said Table;

Page : 9

Table

Sl. No.

Subheading

Description of goods

Country of Origin

Country of

Exports

Producer Exporter Duty Amount

Unit Currency

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

1 3904 22 10

Poly Vinyl Chloride

Paste Resin

European Union

Any Any Any 267.38 Per MT US Dollar

2 3904 22 10

Poly Vinyl Chloride

Paste Resin

Any European Union

Any Any 267.38 Per MT US Dollar

2. This notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Gazette of India and the anti-dumping duty shall be paid in Indian currency.

Explanation. - For the purposes of this notification, “rate of exchange” applicable for the purposes of calculation of anti-dumping duty shall be the rate which is specified in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by sub-clause (i) of clause (a) of sub-section (3) of section 14 of the Customs Act, 1962 (52 of 1962) and the relevant date for determination of the “rate of exchange” shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.

[F.No.354/88/2004-TRU]

(Prashant Kumar)Under Secretary to the Government of India




Notification No.71/2010 – Customs

New Delhi, the 25th June, 2010 G.S.R. (E).- In exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), read with rules 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government hereby rescinds the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 115/2009-Customs, dated the 6th October,2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.724 (E), dated the 6 th

October,2009, except as respect things done or omitted to be done before such rescission.

[F. No.354/88/2004-TRU]

(Prashant Kumar)Under Secretary to the Government of India




Notification No.72 / 2010-Customs

Page : 10

New Delhi, the 28th June, 2010

G.S.R. (E). – 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, 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, Sub-section (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, Sub-section (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 19 th

April, 2011. [F.No.354/40/2009 –TRU]

(Prashant Kumar)

Under Secretary to the Government of India

[TO BE PUBLISHED IN PART-II, SECTION-3, SUB-SECTION (ii) OF THE GAZETTE OF INDIA, EXTRAORDINARY]Government of IndiaMinistry of Finance

(Department of Revenue)(Central Board of Excise and Customs)

Page : 11

Notification No. 43/2010 – Customs (N. T.)New Delhi, 31st May, 2010

10 Jyaistha, 1932 (SAKA)

S. O… (E) – In exercise of the powers conferred by sub-section (2) of section 14 of the Customs Act, 1962 (52 of 1962), the Board, being satisfied that it is necessary and expedient so to do, hereby makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 36/2001-Cus (N. T.), dated, the 3rd August 2001, namely: -

In the said notification, for the Table, the following Table shall be substituted namely:-

“T A B L E

S. No. Chapter/ heading/ sub-heading/tariff item

Description of goods Tariff value US $ (Per Metric Tonne)

(1) (2) (3) (4)1 1511 10 00 Crude Palm Oil 447 (i.e. no change)

2 1511 90 10 RBD Palm Oil 476 (i.e. no change)3 1511 90 90 Others – Palm Oil 462 (i.e. no change)4 1511 10 00 Crude Palmolein 481 (i.e. no change)5 1511 90 20 RBD Palmolein 484 (i.e. no change)6 1511 90 90 Others – Palmolein 483 (i.e. no change)7 1507 10 00 Crude Soyabean Oil 580 (i.e. no change)8 7404 00 22 Brass Scrap (all grades) 38959 1207 91 00 Poppy seeds 3228”

[F. No. 467/4/2010-Cus.V]

(Abhinav Gupta)Under Secretary to the Government of India

Note: - The Principal notification was published in the Gazette of India, Extraordinary, vide Notification No. 36/2001 – Customs (N.T.), dated, the 3rd August, 2001 (S. O. 748 (E), dated, the 3rd August, 2001) and was last amended vide Notification No. 37/2010-Customs (N.T.), dated, the 14th May, 2010 (S. O. 1112 (E) dated 14th May, 2010).

[TO BE PUBLISHED IN PART II, SECTION 3, SUB-SECTION (i) OF THE GAZETTE OF INDIA, EXTRAORDINARY]Government of IndiaMinistry of Finance


New Delhi, the 31st May, 201010 Jyaistha, 1932 (SAKA)

Notification No. 44 / 2010 – Customs (N.T.)

G.S.R. … (E) – In exercise of the powers conferred by sub-section (1) of section 5 of the Customs Tariff Act, 1975 (51 of 1975), the Central Government hereby makes the following rules further to amend the Customs Tariff [Determination of Origin of Goods under the Preferential Trade Agreement between the Governments of Member States of the Association of Southeast Asian Nations (ASEAN) and the Republic of India] Rules, 2009, namely:-

1. (1) These rules may be called the Customs Tariff [Determination of Origin of Goods under the Preferential Trade Agreement between the Governments of Member States of the Association of Southeast Asian Nations (ASEAN) and the Republic of India] Second Amendment Rules, 2010.

(2) These rules shall come into effect on the 1st day of June 2010.

2. In the Customs Tariff [Determination of Origin of Goods under the Preferential Trade Agreement between the Governments of Member States of the Association of Southeast Asian Nations (ASEAN) and the Republic of India] Rules, 2009, in Annexure IV, after S.No. 3, the following S. No. and entries shall be inserted, namely:-

“S.No. Name of the Country

Page : 12

4. The Socialist Republic of Viet Nam5. The Union of Myanmar”

[F. No. 467/68/2004-Cus.V/ICD]

(M. SATISH KUMAR REDDY)Director to the Government of India

Note. - The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 937(E), dated the 31st December, 2009 and was subsequently amended vide number G.S.R. 41(E), dated the 19th January, 2010.

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY,PART II SECTION 3, SUB SECTION (II)]



Notification No. 45/2010 - CUSTOMS (N.T.)4th JUNE, 2010.

14 JYESTHA, 1932 (SAKA)

S.O. 1322 (E). - In exercise of the powers conferred by clauses (b) and (c) of section 7 of the Customs Act, 1962 (52 of 1962), the Central Government hereby makes the following further amendment(s) in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 63/94-Customs (NT) ,dated the 21st November, 1994, namely:-

In the said notification, for the Table, the following Table shall be substituted, namely;-

“TABLE

S. No.(1)

Land Frontiers

(2)

Land Customs Stations

(3)

Routes

(4)1. Afghanistan

(via Pakistan) (1) Amritsar Railway Station

Ferozepur-Amritsar Railway Line

(2) Delhi Railway Station

Ferozepur-Delhi Railway Line.

2. Bangladesh CALCUTTA AND HOWRAH AREA (1) Chitpur Railway Station and Dhaniaghat River Station.

(a) The Sealdah-Poradah Railway Line passing through Gede Railway Station and the Calcutta-Khulna Railway line passing through Bongaon (b) The Sealdah-Lalgola Railway line (c) River routes from Calcutta to Bangladesh via Beharikhal.

(2) Jagannathghat Steamer Station and Rajaghat

The river routes from Calcutta to Bangladesh via Beharikhal.

(3) T.T. Shed (Kidderpore)

The river routes from Calcutta to Bangladesh via Beharikhal.

CACHAR DISTRICT (4) Karimganj Ferry Station

(a) Kusiyara river (b) Longai river (c) Surma river

(5) Karimganj Steamerghat

(a) Kusiyara river (b) Surma river (c) Longai river

(6) Mahisasan Railway Station

Railway line from Karimganj to Latu Railway Station

(7) Silchar R.M.S. Office

(8) Sutarkandi Sylhet-Karimganj Trunk Road. COOCH BEHAR DISTRICT (9) Changrabandha The road connecting Changrabandha in India and

Burimari in Bangladesh. (10) Gitaldah road The main road leading from Gitaldah to Mogalhat in

Bangladesh across the Dharla river. (11) Haldibari Railway Station

Haldibari-Chilhati Railway line.

Page : 13

(12) Hassimara Railway Station

(a) The road from Gitaldah to Hassimara and Hassimara to Bhutan through Jaigaon. (b) The Railway line from Bangladesh passing through Gitaldah to Hassimara.

DARJEELING DISTRICT (13) Phulbari Road connecting Phulbari in India and Bangla Bandhu

in Bangladesh. GARO HILLS DISTRICT (14) Baghmara (a) Baghmara Durgapur Road.

(b) Someshwari river (15) Dalu (a) Bhugai river

(b) Dalu-Naltabari road. (16) Ghasuapara Ghasuapara- (Garo Hills, India) to Baluaghat

(Mymensingh,Bangladesh). (17) Mahendraganj (a) Road from Mahendraganj Police Station to

Dhanua-Kamalpur (Bangladesh). (b) Road from Mahendraganj Police Station to the river Jinjiram. (c) the river Jinjiram.

GOALPARA DISTRICT (18) Dhubri Steamerghat

Dhubri-Rahumari-Bahadurabad section of the Steamer route on the river Brahmaputra.

(19) Manikarchar (a) Kalo river from the approach of Tura road to the Jinjiram river. (b) Tura-Rahumari road

(20) Golakganj Road from Sonahat to Golakganj JAINTIA HILLS DISTRICT (21) Dawki (a) Piyan River

(b) Shillong-Sylhet road KAMRUP DISTRICT (22) Gauhati Steamerghat

Rahumari-Dhubri-Gauhati Section of the Steamer route on the river Brahmaputra.

KHASI HILLS DISTRICT (23) Bolanganj (a) Darogakhal river

(b) Dear Valley (c) Dholai river (d) Duba channel (e) Komorrah-Chhatak Ropeway (f) Public Works Department bridle path from Bholaganj to Companyganj. (g) Sonal river.

(24) Barsora (a) Cherragaon (India) to Cherragaon (Bangladesh) (b) Barsora (India)-Tahirpur via Barsora (Bangladesh).

(c) Trolley track from Chalitacherra quarry to Samsar in Bangladesh. (d) Trolley track from Gauripur (India) quarry to Samsar in Bangladesh. (e) Jadukata river

(25) Ryngku (a) Chillai River (b) Kaimara River

(26) Balat Shillong –Balat-Dangar-Lalpani Public Works Department road upto Dalura in Bangladesh.

(27) Shella Bazar (a) Ichamati river (b) Land route from Pyrkan through Pharangkaruh (near B.P. No. 1231-S) to Bastola in Bangladesh (c) Shella river (d) The 7 kilometer long elevated Conveyor Belt of M/s. Lafarge Umiam Mining Private Limited, a Hundred percent export oriented unit, originating from the Crusher site of the Company, passing along a forty meter wide strip of land comprising villages of Phlangkaruh, Bamantilla and Umkhaba on the west and Pyrkan, Kalatek villages and river Umiam on the east, crossing the Zero Point between BP Nos. 1238-9S (on the west) and 1238-10S (on the east) to Mantrikhal Village of Bangladesh.

LUNGIEI DISTRICT (28) Demagir Karnaphuli river MALDA DISTRICT (29) Kotawalighat Road from English Bazar to Kansat under Shibganj

Page : 14

(Mehedipur) Police station in Bangladesh on the English Bazar Shibganj road.

(30) Singabad Railway Station

Malda-Singabad-Amhura section of the North-East Frontier Railway passing through Singabad.

MURSHIDABAD DISTRICT (31) Dhulian River line route from Dhulian to Bangladesh via

Aurangabad across the Ganges. (32) Gede Railway Station

Kolkata – Gede – Darsana – Dhaka

(33) Lalgola Town Riverline routes originating from Lalgola Town to Godagarighat in Bangladesh across the river Padma.

(34) Ranaghat Railway Station

(a) Sealdah-Ranaghat-Gede Poradah Railway line. (b) Sealdah-Khulna Railway Line passing through Ranaghat and Bongaon.

24 PARGANA DISTRICT (35) Budge Budge (a) Budge Budge-Sealdah-Darsana Railway line

passing through Gede Railway Station. (b) Budge Budge-Sealdah-Khulna Railway line passing through Bongaon Railway Station. (c) The inland waterway from Budge Budge to Bangladesh via Beharikhal.

(36) Ghojadanga That portion of the main road from Itinda to Ghojadanga which passes to Satkhira via Bhomra in Bangladesh.

(37) Hingalganj The river routes from Hingalganj to Basantapur in Bangladesh across River Ichamati.

(38) Namkhana The inland waterway from the junction of Katakhal, Channel creek and Namkhana to Satikhira sub-division in Bangladesh across the river Raimanagar via Terobanki and Beharikhal.

(39) Petrapole Railway Station

The Calcutta-Khulna Railway line passing through Petrapole.

(40) Petrapole Road

The portion of Calcutta-Jessore road passing through Petrapole road to Bangladesh.

KATIHAR DISTRICT (41) Katihar Railway Station

(a) Katihar-Godagari Railway line. (b) Katihar-Parbatipur Railway line.

TRIPURA NORTH DISTRICT (42) Dhalaighat (a) The river Dhalai from Halhali to Dhalai Checking

Station (b) The road from Halhali to Kamalpur.

(43) Manu (Kailasahar sub-division)

(a) Motorable road from Kailasahar to Murtichera leading to Samshernagar(b) Motorable road from Kailasahar to Muraichera (c) Motorable road from Kailasahar to Samshernagar (d) River Manu from Fatikrai to Manughat.

TRIPURA SOUTH DISTRICT (44) Old Raghna Bazar

Road from Dharmanagar-Old Raghna Bazar to Betuli-Fultala (Bangladesh).

(45) Muhurighat (a) The river Muhuri upto Muhurighat (b) The road from Muhurighat leading to Belonia Railway Station.

TRIPURA WEST DISTRICT (46) Agartala The Road between Agartala and Akhaura road Police

Outpost. (47) Khowaighat (a) The river Khowai from Teliamura to Khowaighat

(b) The road from Kalyanpur to Khowaighat. (48) Srimantapur (a) The river Gumti

(b) Udaipur-Comilla road. WEST DINAJPUR DISTRICT (49) Hilli (West) (a) The main road leading from Hilli through the

Railway level crossing on the northern side of the Hilli Railway Station to Ghoraghat, Bangladesh (b) That portion of the road from Panchbibi to Boalder in Bangladesh which passes through Basudevpur [Dakashinapara Hilli and Hindu Mission of Hilli (West) to Indian Union].

(50) Radhikapur Railway Station

(a) The Kathihar-Parbatipur Railway line passing through Radhikapur

Page : 15

(b) The main road leading from Kaliaganj passing to Dinajpur through Gotagon.

3. Bhutan (1) Darranga Rangia-Tamulpur Motorable road from Darranga to Samdrup-Jhankar (in Bhutan) in the District of Kamrup of Assam.

(2) Hatisar Motorable Road from Samthiabari to Gaylegphug (Bhutan) via Runikhata and Deosiri in the District of Kokrajhar of Assam.

(3)Ultapani Forest Road from Bismury to Sarbhand (Bhutan) via Naharali Forest Beat Office.

(4) Jaigaon The road connecting Jaigaon Bazar in India to Phuntsholing in Bhutan through Phuntsholing gate.

(5) Chamurchi The motorable road connecting Chamurchi Hatkhola in India to Samchi (Samsay) in Bhutan.

4. China (1) Gunji Land route between Gunji in Pithoragarh district of Uttar Pradesh in India and Pulan in the Tibet Autonomous Region of China.

(2) Village Namgaya Shipkila

Land route between Namgaya-Shipkila in Kinnaur District of Himachal Pradesh in India and Shipki Jui Jiuba in China.

(3) Sherathang Land route between Sherathang in the East Sikkim District of Sikkim in India and Renqinggang in the Tibet Autonomous Region of China through Nathula Pass.

5. Myanmar (1) Zokhawthar Road route from Champai to Zokhawthar.(2) Moreh (a) Manipur Imphal - Pallel- Tamu Road (National

Highway 39). (b) Road( Bir Tikendrajit Road also known as Gate No.2 Road) running in an east-north east direction from National Highway-39 near Moreh Customs Preventive Office to the zero point between main Border Pillar No.79 in the North and small border pillar no.21 in the south.

(3) Nampong Ledo- Tirap-Nampong- Pangsu Pass Road. 6. Nepal (1) Bairgania Road connecting Bairgania in India, and Gaur in

Nepal. (2) Banbasa Road connecting Calcutta, Vivekananda Bridge,

Dankuni, Mogra, Bardwan, Panagarh, Asansol,Dhanbad, Barhi, Aurangabad, Sasaram ,Varanasi, Jaunpur, Sultanpur, Lucknow, Shahjahanpur, Bareilly, Pilibhit , and Banbasa in India and Mahendranagar in Nepal.

(3) Barhni Road connecting Calcutta, Vivekananda Bridge, Dankuni, Mogra, Bardwan, Panagarh,Asansol, Dhanbad, Barhi, Aurangabad, Sasaram, Varanasi, Ghazipur, Gorakhpur, Basti and Barhni in India and Krishna Nagar in Nepal.

(4) Bhimnagar Road connecting Calcutta, Dunlop Bridge, Barrackpore, Krishna Nagar Malda, Raiganj, Dalkola, Purnia, Arari, Forbesganj and Bhimnagar in India, and Sctobandha in Nepal.

(5) Bhitamore (a) Road connecting Calcutta, Vivekananda Bridge, Dankuni, Mogra, Bardwan, Panagarh, Asansol, Kulti, Jasidih, Kiul, Mokamah, Baraunti, Muzaffarpur, Sitamarhi and Bhitamore in India, and Jaleshwar in Nepal ;or (b) Road connecting Calcutta, Vivekananda Bridge, Dankuni,Mogra, Bardwan, Panagarh, Asansol, Dhanbad, Barhi, Kodarma Nawadah, Biharsharif Bakhtiyarpur,Gandhi Setu (Patna), Hajipur, Muzaffarpur, Sitamarhi and Bhitamore in India, and Jaleshwar in Nepal.

(6) Dharchula Road connecting Darchula in district Pithoragarh in India and Dharchula in Nepal.

(7) Galgalia Road connecting Calcutta, Dunlop Bridge, Barrackpore, Krishna Nagar, Malda, Raiganj, Dalkola, Kishanganj, Thakurganj, and Galgalia in India, and Bhadrapur in Nepal.

(8) Gauriphanta (a) Road connecting Calcutta, Vivekananda Bridge, Dankuni, Mogra, Bardwan, Panagarh, Asansol,

Page : 16

Dhanbad, Barhi, Aurangabad, Sasaram, Varanasi, Jaunpur, Sultanpur,Lucknow,Baharaich and Gauriphanta in India, and Dhangadhi in Nepali or

(b) Road connecting Calcutta, Vivekananda Bridge, Dankuni,Mogra, Bardwan, Panagarh, Asansol, Dhanbad,Barhi,Aurangabad, Sasaram,Varanasi,Ghazipur, Gorakhpur, Basti, Baharaich and Gauriphanta in India, and Dhangadhi in Nepal.

(9) Jarwa Road connecting Calcutta, Vivekananda Bridge, Dankuni, Mogra, Bardwan, Panagarh, Asansol, Dhanbad, Barhi, Aurangabad, Sasaram,Varanasi,Ghazipur, Gorakhpur, Basti, Balrampur and Jarwa in. India, and Koilabas in Nepal.

(10) Jayanagar (a) Road connecting Calcutta, Vivekananda Bridge, Dankuni, Mogra, Bardwan, Panagarh, Asansol, Kulti, Jasidih, Kiul, Mokamah, Barauni, Musari Garari, Samastipur, Darbhanga and Jayanagar in India, and Siraha in Nepal; or (b) Road connecting Calcutta, Vivekananda Bridge, Dankuni, Mogra, Bardwan, Panagarh, Asansol, Dhanbad, Barhi, Kodarma, Nawadah, Biharsharif, Bakhtiyarpur,Gandhi Setu (Patna), Hajipur, Musari Garari, Samastipur, Darbhanga and Jayanagar in India, and Siraha in Nepal.

(11) Jhulaghat (Pithoragarh)

Road connecting Jhulaghat (Pithoragarh)in India and Mahakali in Nepal.

(12) Jogbani Road connecting Calcutta, Dunlop Bridge, Barrackpore, Krishna Nagar, Malda, Raiganj, Dalkola,Purnia, Araria, Forbesganj and Jogbani in India, and Biratnagar in Nepal.

(13) Katarniyaghat Road connecting Katarniyaghat in India and Rajapur in Nepal.

(14) Khunwa Road connecting Shoratgarh in India and Taulihawa in Nepal.

(15) Kunauli Road connecting Nirmali (in India and Rajbiraj in Nepal.

(16) Nautanwa (Sonauli)

Road connecting Calcutta, Vivekananda Bridge, Dankuni, Mogra, Bardwan, Panagarh, Asansol, Dhanbad, Barhi, Aurangabad, Sasaram, Varanasi, Ghazipur, Gorakhpur,Nautanwa, and Sonauli in India, and Bhairawa in Nepal.

(17) Nepalgunj Road

(a) Road connecting Calcutta, Vivekananda Bridge, Dankuni, Mogra, Bardwan, Panagarh, Asansol, Dhanbad, Barhi, Aurangabad, Sasaram, Varanasi, Jaunpur, Sul-tanpur, Lucknow, Baharaich and Nepalgunj Road in India, and Nepalgunj in Nepal; or (b) Road connecting Calcutta, Vivekananda Bridge, Dankuni, Mogra, Bardwan, Panagarh, Asansol Dhanbad Barhi, Aurangabad, Sasaram, Varanasi Ghazipur, Gorakhpur, Basti, Baharaich And Nepalgunj Road in India, and Nepalgunj in Nepal.

(18) Naxalbari (Panitanki)

Road connecting Calcutta, Dunlop Bridge, Barrackpore, Krishna Nagar, Malda, Raiganj, Dalkola, Bagdogra, and Panitanki in India, and Kakarbhitta in Nepal.

(19) Raxaul (a) Road connecting Calcutta, Vivekananda Bridge, Dankuni,Mogra,Bardwan, Panagarh, Asansol, Kulti, Jasidih, Kiul, Mokamah, Barauni, Muzaffarpur, Motihari, Sugauli and Raxaul in India and Birganj in Nepal; or (b) Road connecting Calcutta, vivekananda Bridge Dankunl, Mogra, Bardwan, Panagarh, Asansol, Dhanbad, Barhi, Kodarma,Nawadah, Biharsharif, Bakhtiyarpur,Gandhi Setu(Patna),Hajipur, Muzaffarpur, Motihari, Sugauli, and Raxaul in India, and Birganj in Nepal.

(20) Sonabarsa Road connecting Sonabarsa in India and Malangwa in Nepal.

(21) Sukhia Pokhari Road connecting Calcutta, Dunlop Bridge, Barrackpore, Krishna Nagar, Malda, Raiganj, Dalkela, Siliguri and Sukhia Pokhari in India, and

Page : 17

Pashupatinagar in Nepal. (22) Tikonia (a) Road connecting Calcutta, Vivekananda, Bridge,

Dankuni, Mogra, Bardwan, Panagarh, Asansol, Dhanbad, Barhi, Aurangabad, Sasaram, Varanasi, Jaunpur, Sul- tanpur, Lucknow, , Baharaich and Tikonia in India, and Sati (Kailali) or Prithvipur in Nepal; or (b) Road connecting Calcutta, Vivekananda Bridge, Dankuni, Mogra, Bardwan, Panagarh, Asansol, Dhanbad, Barhi, Aurangabad, Sasaram, Varanasi, Ghazipur, Gorakhpur, Basti, Baharaich and Tikonia in India and Sati (Kailali) or Prithvipur in Nepal.

AMRITSAR DISTRICT 7. Pakistan (1) Amritsar

Railway Station Amritsar-Attari-Lahore Railway Line

(2) Attari Road Amritsar-Attari-Lahore Road (3) Attari Railway Station

Amritsar-Attari-Lahore Railway Line.

DELHI (4) Delhi Railway Station

(a)Delhi-Amritsar-Lahore Railway Line(b)Delhi-Ferozepur-Lahore Railway Line.

FEROZEPUR DISTRICT (5) Hussainiwala Ferozepur-Lasur Road JODHPUR DIVISION (6) Barmer Railway Station

Barmer-Gadra Road- Munabao- Khokropar Railway Line.

(7) Munabao Railway Station

Barmer-Gadra Road-Munabao- Khokropar Railway Line.

BARAMULLAH DISTRICT (8) Adoosa (9) Salamabad Srinagar-Salamabad-Muzaffarabad RoadPOONCH DISTRICT(10) Chakan-da-bagh

Poonch-Chakan-da-bagh-Rawalkot Road

8. All countries (1) Foreign Post Office of Exchange, New Delhi.

(2) Sub-exchange Office at Ahmedabad.

(3) Sub-exchange Office at Bangalore.

(4) Sub-exchange Office at Jaipur.

(5) Sub-exchange office at Agra.

(6) Sub-exchange officer at Ludhiana

(7) Export Extension Counter at Guwahati

(8) Export Extension Counter at Moradabad.

(9) Sub-Foreign Post Office in Special Economic Zone (SEZ) Complex, Cochin.

(10) Sub-Foreign Post Office in Noida Export Processing Zone (NEPZ), Noida.

“

[F.No.484/8/2007-LC]

Page : 18

( Abhinav Gupta ) Under Secretary to the Government of India.

Foot note:- The principal notification No. 63/94- Cus. (N. T.), dated the 21st November,1994 was published in the Gazette of India Extraordinary, Part-II, Section 3,sub-section(ii) vide S.O. 830 (E), dated the 21st November, 1994 and was last amended by notification No.36/2008-Customs(N.T.), dated the 10th

April,2008 [ S.O. 835 (E), dated the 10th April,2008].

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (I)]



Notification No. 46 / 20010 - Customs (N.T.)

New Delhi, dated the 10th June, 2010. Jaishtha, 1932 Saka.

G.S.R. (E).- In exercise of the powers conferred by clause (aa) of sub-section (1) of section 7 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 12/97-Customs (N.T.), namely:-

In the Table to the said notification, against serial number 1 relating to the State of Andhra Pradesh, in Column (3) after item (vii) and the entry relating thereto in column (4) shall respectively be inserted, namely:-

(3) (4) (viii) Marripalem Village in Taluk of Edlapadu, District Guntur

Unloading of imported goods and the loading of export goods.

[F.No. 434/10/2010-Cus.IV]

(Vikas)Under Secretary to the Government of India

Note: The principle Notification No. 12/97-Customs (N.T.), dated the 2nd April, 1997 was published in the Gazette of India, Extraordinary Part II Section 3, sub-section (ii), vide, G.S.R. number 193(E) dated the 2nd April, 1997 and was last amended by Notification No. 177/2009-Customs (N.T.), dated the 11 th December, 2009, vide, G.S.R. number 891 (E), dated the 11th December, 2009.



Notification No. 47/2010 - Customs (N. T.)

New Delhi, 15th June, 201025 Jyaistha, 1932 (SAKA)

S. O… (E) – In exercise of the powers conferred by sub-section (2) of section 14 of the Customs Act, 1962 (52 of 1962), the Board, being satisfied that it is necessary and expedient so to do, hereby makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 36/2001-Cus (N. T.), dated, the 3rd August 2001, namely: - In the said notification, for the Table, the following Table shall be substituted namely:-

Page : 19

“T A B L E



(1) (2) (3) (4)1 1511 10 00 Crude Palm Oil 447 (i.e. no change)2 1511 90 10 RBD Palm Oil 476 (i.e. no change)3 1511 90 90 Others – Palm Oil 462 (i.e. no change)4 1511 10 00 Crude Palmolein 481 (i.e. no change)5 1511 90 20 RBD Palmolein 484 (i.e. no change)6 1511 90 90 Others – Palmolein 483 (i.e. no change)7 1507 10 00 Crude Soyabean Oil 580 (i.e. no change)8 7404 00 22 Brass Scrap (all grades) 36199 1207 91 00 Poppy seeds 2741”

[F. No. 467/4/2010-Cus.V]


Note: - The Principal notification was published in the Gazette of India, Extraordinary, vide Notification No. 36/2001 – Customs (N.T.), dated, the 3rd August, 2001 (S. O. 748 (E), dated, the 3rd August, 2001) and was last amended vide Notification No. 43/2010-Customs (N.T.), dated, the 31st May, 2010 (S. O. 1260 (E) dated 31st May, 2010).

[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)]Government of IndiaMinistry of Finance


Notification No. 48/2010 - Customs (N.T.)

New Delhi, 17th June, 2010

G.S.R 519 (E).- In exercise of the powers conferred by section 74 of the Customs Act, 1962 (52 of 1962), the Central Government hereby makes the following rules further to amend the Re-export of Imported Goods (Drawback of Customs Duties) Rules, 1995, namely: -

1. (1) These rules may be called the Re-export of Imported Goods (Drawback of Customs Duties) Amendment Rules, 2010. (2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Re-export of Imported Goods (Drawback of Customs Duties) Rules, 1995, in rule 5, in sub-rule (1), for the proviso, the following proviso shall be substituted, namely:- “Provided that-(i) the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, may extend the aforesaid period of three months by a period of three months and that the Commissioner of Customs or Commissioner of Customs and Central Excise, as the case may be, may further extend the period by a period of six months;

(ii) the Assistant Commissioner of Customs or Deputy Commissioner of Customs or Commissioner of Customs or Commissioner of Customs and Central Excise, as the case may be, may, on an application and after making such enquiry as he thinks fit, grant extension or refuse to grant extension after recording in writing the reasons for such refusal;

(iii) an application fee equivalent to 1% of the FOB value of exports or Rs. 1000/- whichever is less, shall be payable for applying for grant of extension by the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be and an application fee of 2% of the FOB value or Rs. 2000/- whichever is less, shall be payable for applying for grant of extension by the Commissioner of Customs or Commissioner of Customs and Central Excise, as the case may be.”

F. No. 609/51/2010-DBK

(RAJESH KUMAR AGARWAL) Under Secretary to the Government of India

Page : 20

Note.- The principal rules were published vide notification No. 36/95-Customs (N.T.), dated the 26th May, 1995, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.440(E), dated the 26th May, 1995, and were last amended by notification number 5/2003-Customs (N.T.), dated the 21st January, 2003 vide number G.S.R. 45 (E), dated the 21st January, 2003.

[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)]Government of IndiaMinistry of Finance



New Delhi, 17th June, 2010

G.S.R 520 (E). - In exercise of the powers conferred by section 75 of the Customs Act, 1962 (52 of 1962), section 37 of the Central Excise Act, 1944 (1 of 1944) and section 93A read with section 94 of the Finance Act, 1994 (32 of 1994), the Central Government hereby makes the following rules further to amend the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995, namely:-

1. (1) These rules may be called the Customs, Central Excise Duties and Service Tax Drawback (Second Amendment) Rules, 2010. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995,- (i) in rule 6, in sub-rule (1), in clause (a),-

(a) for the words “ sixty days”, the words “three months ” shall be substituted; (b) for the proviso, the following proviso shall be substituted , namely:- “Provided that-(i) the Assistant Commissioner of Central Excise or Assistant Commissioner of Customs and Central Excise or Deputy Commissioner of Central Excise or Deputy Commissioner of Customs and Central Excise, as the case may be, may extend the aforesaid period of three months by a period of three months and that the Commissioner of Central Excise or Commissioner of Customs and Central Excise, as the case may be, may further extend the period by a period of six months;

(ii) the Assistant Commissioner of Central Excise or Assistant Commissioner of Customs and Central Excise or Deputy Commissioner of Central Excise or Deputy Commissioner of Customs and Central Excise or Commissioner of Central Excise or Commissioner of Customs and Central Excise, as the case may be, may, on an application and after making such enquiry as he thinks fit, grant extension or refuse to grant extension after recording in writing the reasons for such refusal;

(iii) an application fee equivalent to 1% of the FOB value of exports or Rs. 1000/- whichever is less, shall be payable for applying for grant of extension by the Assistant Commissioner of Central Excise or Assistant Commissioner of Customs and Central Excise or Deputy Commissioner of Central Excise or Deputy Commissioner of Customs and Central Excise, as the case may be and an application fee of 2% of the FOB value or Rs. 2000/- whichever is less, shall be payable for applying for grant of extension by the Commissioner of Central Excise or Commissioner of Customs and Central Excise, as the case may be.”;

(ii) in rule 7, in sub-rule (1),-(a) for the words “ sixty days”, the words “three months” shall be substituted;

(b) for the proviso, the following proviso shall be substituted, namely:-

“Provided that-(i) the Assistant Commissioner of Central Excise or Assistant Commissioner of Customs and Central Excise or Deputy Commissioner of Central Excise or Deputy Commissioner of Customs and Central Excise, as the case may be, may extend the aforesaid period of three months by a period of three months and that the Commissioner of Central Excise or Commissioner of Customs and Central Excise, as the case may be, may further extend the period by a period of six months;

(ii) the Assistant Commissioner of Central Excise or Assistant Commissioner of Customs and Central Excise or Deputy Commissioner of Central Excise or Deputy Commissioner of Customs and Central Excise or Commissioner of Central Excise or Commissioner of Customs and Central Excise, as the case may be, may, on an application and after making such enquiry as he thinks fit, grant extension or refuse to grant extension after recording in writing the reasons for such refusal;

(iii) an application fee equivalent to 1% of the FOB value of exports or Rs. 1000/- whichever is less, shall be payable for applying for grant of extension by the Assistant Commissioner of Central Excise or Assistant Commissioner of Customs and Central Excise or Deputy Commissioner of Central Excise or Deputy

Page : 21

Commissioner of Customs and Central Excise, as the case may be and an application fee of 2% of the FOB value or Rs. 2000/- whichever is less, shall be payable for applying for grant of extension by the Commissioner of Central Excise or Commissioner of Customs and Central Excise, as the case may be.”;

(iii) In rule 15, in sub rule (1), for the second proviso, the following proviso shall be substituted, namely:-

“Provided further that-(i) the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, may extend the aforesaid period of three months by a period of nine months and that the Commissioner of Customs or Commissioner of Customs and Central Excise, as the case may be, may further extend the period by a period of six months;

(ii) the Assistant Commissioner of Customs or Deputy Commissioner of Customs or Commissioner of Customs or Commissioner of Customs and Central Excise, as the case may be, may, on an application and after making such enquiry as he thinks fit, grant extension or refuse to grant extension after recording in writing the reasons for such refusal;

(iii) an application fee equivalent to 1% of the FOB value of exports or Rs. 1000/- whichever is less, shall be payable for applying for grant of extension by the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be and an application fee of 2% of the FOB value or Rs. 2000/- whichever is less, shall be payable for applying for grant of extension by the Commissioner of Customs or Commissioner of Customs and Central Excise, as the case may be.”;

(iv) In rule 16A, in sub rule (4), -

(a) for the words “within one year from the date of such recovery of the amount of drawback”, the words “within a period of three months from the date of realisation of sale proceeds” shall be substituted;

(b) after the words “to the claimant”, the words “provided the sale proceeds have been realised within the period permitted by the Reserve Bank of India” shall be inserted;

(c) the following proviso shall be inserted, namely:-

“Provided that-(i) the Commissioner of Customs or Commissioner of Customs and Central Excise, as the case may be, may extend the aforesaid period of three months by a period of nine months provided the sale proceeds have been realised within the period permitted by the Reserve Bank of India;

(ii) an application fee equivalent to 1% of the FOB value of exports or Rs. 1000/- whichever is less, shall be payable for applying for grant of extension by the Commissioner of Customs or Commissioner of Customs and Central Excise, as the case may be.”

F. No. 609/51/2010-DBK

(RAJESH KUMAR AGARWAL) Under Secretary to the Government of India

Note.- The principal rules were published vide notification No. 37/95-Customs (N.T.), dated the

26th May, 1995, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.441(E), dated the 26th May, 1995, and was last amended by notification number 33/2010-Customs (N.T.), dated the 29th April, 2010 vide number G.S.R. 354 (E), dated the 29th April, 2010.

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)].

GOVERNMENT OF INDIA MINISTRTY OF FINANCE



New Delhi, dated the 30th June, 20109 Asadha, 1932(SAKA)

G.S.R.___________ - In exercise of the powers conferred by section 11 of the Customs Act, 1962 (52 of 1962) , and in supersession of the notification No. 49/2007-Customs (N.T.), of the Government of India, Ministry of Finance, Department of Revenue, Central Board of Excise and Customs, dated the 8 th

May, 2007 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 333(E), dated the 8th May, 2007, except as respects things done or omitted to be done before such supersession, the Central Government, being satisfied that it is necessary in the public interest so to do, for

Page : 22

the purposes specified in clauses (n) and (u) of sub-section (2) of that section, hereby prohibits the import of the following goods intended for sale or use in India, subject to following conditions and procedures as specified in the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007, namely:- (i) goods having applied thereto a false trade mark as specified in section 102 of the Trade Marks Act, 1999 (47 of 1999); (ii) goods having applied there to a false trade description within the meaning of clause (i) of sub-section (1) of section 2 of the Trade Marks Act, 1999(47 of 1999), otherwise than in relation to any of the matters specified in sub- clauses (ii) and (iii) of clause (za) of that sub-section; (iii) goods made or produced beyond the limits of India and having applied thereto a design in which copyright exists under the Designs Act, 2000(16 of 2000), in respect of the class to which the goods belong or any fraudulent or obvious imitation of such design except when the application of such design has been made with the licence or written consent of the registered proprietor of the design or where such importation or use is allowed under the Designs Act, 2000(16 of 2000); (iv) the product made or produced beyond the limits of India for which a patent is in force under the Patents Act,1970 (39 of 1970), except in cases where the consent from the patentee in India has been obtained provided that such prohibition is not applicable to the cases where such importation is allowed under the Patents Act,1970(39 of 1970);

(v) the product obtained directly by the process made or produced beyond the limits of India where patent for such process is in force under the Patents Act,1970 (39 of 1970), except in cases where the consent from the patentee in India has been obtained provided that such prohibition is not applicable to the case where such importation is allowed under the Patents Act,1970 (39 of 1970); (vi) goods having applied thereto a false Geographical Indication within the meaning of section 38 of the Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999); (vii) goods which are prohibited to be imported by issuance of an order issued by the Registrar of Copyrights under section 53 of the Copyright Act,1957 (14 of 1957). Explanation- For the purposes of this notification, the terms and expressions used in various clauses of the notification shall have the meanings assigned to them in the respective Acts, namely, the Trade Marks Act, 1999(47 of 1999), the Designs Act, 2000(16 of 2000), the Patents Act,1970 (39 of 1970), the Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999) and the Copyright Act,1957 (14 of 1957). 2. This notification shall come into force on the date of its publication in the Official Gazette.

[F.No 305/159/2005-FTT]

(M. Satish Kumar Reddy)Director to the Government of India



Notification No. 52/2010 - Customs (N.T.)New Delhi, 30th June, 2010

9 Asadha, 1932 (SAKA)



“T A B L E



(1) (2) (3) (4)

Page : 23

1 1511 10 00 Crude Palm Oil 447 (i.e. no change)

2 1511 90 10 RBD Palm Oil 476 (i.e. no change)3 1511 90 90 Others – Palm Oil 462 (i.e. no change)4 1511 10 00 Crude Palmolein 481 (i.e. no change)5 1511 90 20 RBD Palmolein 484 (i.e. no change)6 1511 90 90 Others – Palmolein 483 (i.e. no change)7 1507 10 00 Crude Soyabean Oil 580 (i.e. no change)8 7404 00 22 Brass Scrap (all grades) 36459 1207 91 00 Poppy seeds 2741(i.e. no change)

[F. No. 467/4/2010-Cus.V]

(M. Satish Kumar Reddy)Director (ICD)

Note: - The Principal notification was published in the Gazette of India, Extraordinary, vide Notification No. 36/2001 – Customs (N.T.), dated, the 3rd August, 2001 (S. O. 748 (E), dated, the 3rd August, 2001) and was last amended vide Notification No. 47/2010-Customs (N.T.), dated, the 15th June, 2010 (S. O. 1435 (E) dated 15th June, 2010).



Notification No. 66 / 2010 - Customs (N. T.)New Delhi, 15th July, 2010

24 Asadha, 1932 (SAKA)



“T A B L E



(1) (2) (3) (4)1 1511 10 00 Crude Palm Oil 447 (i.e. no change)2 1511 90 10 RBD Palm Oil 476 (i.e. no change)3 1511 90 90 Others – Palm Oil 462 (i.e. no change)4 1511 10 00 Crude Palmolein 481 (i.e. no change)5 1511 90 20 RBD Palmolein 484 (i.e. no change)6 1511 90 90 Others – Palmolein 483 (i.e. no change)7 1507 10 00 Crude Soyabean Oil 580 (i.e. no change)8 7404 00 22 Brass Scrap (all grades) 36789 1207 91 00 Poppy seeds 2744

[F. No. 467/4/2010-Cus.V]


Page : 24

Note: - The Principal notification was published in the Gazette of India, Extraordinary, vide Notification No. 36/2001 – Customs (N.T.), dated, the 3rd August, 2001 (S. O. 748 (E), dated, the 3rd August, 2001) and was last amended vide Notification No. 52/2010-Customs (N.T.), dated, the 30th June, 2010 (S. O. 1560 (E) dated 30th June, 2010).



(Department of Revenue)***

New Delhi, 4th June, 2010Notification No. 27/2010 - Central Excise

G.S.R. (E).- In exercise of the powers conferred by sub-section (1) of section 5A of the Central Excise Act, 1944 (1 of 1944), read with sub-section (3) of section 3 of the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957), Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.64/95-Central Excise, dated the 16th March, 1995 , published vide number G.S.R.256(E), dated the 16th March, 1995, namely:- In the said notification, in the Table, after the serial number 26 and the entries relating thereto, the following serial number and entries shall be added, namely:-

(1) (2) (3)“27 Ballistic grade aramid yarn If,-

(a) the goods are used in the manufacture of Ballistic grade aramid fabric required for the manufacture of bullet proof jackets for supply to the armed forces of the Union under the Ministry of Defence or the Police Forces of the States or the Union- territories;

(b) the procedure laid down in the Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 2001, is followed ; and

(c ) it is proved to the satisfaction of an officer not below the rank of the Deputy Commissioner of Central Excise or the Assistant Commissioner of Central Excise, as the case may be, having jurisdiction in the matter that such goods are intended to be used for the purpose specified at (a) above. ”.

28 Ballistic grade aramid fabric If,-(a) the goods are used for the manufacture of bullet proof jackets for supply to the armed forces of the Union under the Ministry of Defence or the Police Forces of the States or the Union-territories;

(b) the procedure laid down in the Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 2001, is followed ; and

(c ) it has been proved to the satisfaction of an officer not below the rank of the Deputy Commissioner of Central Excise or the Assistant Commissioner of Central Excise, as the case may be, having jurisdiction in the matter that such goods are intended to be used for the purpose specified at (a) above. ”.

Page : 25

[F.No.354/42/ 2010-TRU]

(K.S.V.V.Prasad) Under Secretary to the Government of India

Note: - The principal notification No.64/95-Central Excise, dated the 16th March, 1995 was published in the Gazette of India, Extraordinary, vide number G.S.R. 256(E), dated the 16th March, 1995 and last amended vide notification No.6/2009-CE dated the 22nd May, 2009 , published vide number G.S.R. 351 (E), dated the 22nd May, 2009.


Government of India Ministry of Finance


New Delhi, the 22nd June, 2010 Notification No. 28/2010-Central Excise

G.S.R. (E).- In exercise of the powers conferred by sub-section (1) of section 5A of the Central Excise Act, 1944 (1 of 1944) read with sections 91 and 93 of the Finance (No.2) Act, 2004 (23 of 2004), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby exempts all goods specified in the Tenth Schedule to the Finance Act,2010 (14 of 2010) from the Education Cess leviable thereon under the said sections 91 and 93 of the said Finance (No.2) Act.

[F.No.354/72/2010-TRU]

(K.S.V.V. Prasad)Under Secretary to the Government of India




New Delhi, the 22nd June, 2010 Notification No. 29/2010-Central Excise

G.S.R. (E).- In exercise of the powers conferred by sub-section (1) of section 5A of the Central Excise Act, 1944 (1 of 1944) read with sections 136 and 138 of the Finance Act,2007 (22 of 2007), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby exempts all goods specified in the Tenth Schedule to the Finance Act, 2010 (14 of 2010) from the Higher Education Cess leviable thereon under the said sections 136 and 138 of the said Finance Act.

[F.No.354/72/2010-TRU]





New Delhi, the 22nd June, 2010Notification No. 01 /2010-Clean Energy Cess

G.S.R. (E).- In exercise of the powers conferred by sub-section (2) of the section 83 of the Finance Act, 2010 (14 of 2010), the Central Government hereby appoints the 1st day of July, 2010, as the date on which the provisions of Chapter VII of the said Act shall come into force.

[F. No. 354/72/2010-TRU]


Page : 26




New Delhi, the 22nd June, 2010Notification No. 02/2010-Clean Energy Cess

G.S.R. (E).- In exercise of the powers conferred by sub- section (7) of section 83 of the Finance Act, 2010 (14 of 2010), the Central Government hereby declares that the following provisions of the Central Excise Act, 1944 ( 1 of 1944) relating to the matters specified therein, shall be applicable in regard to like matters in respect of cess imposed under section 83 of the said Finance Act, namely :-

Sections 5A, 6, 9, 9A, 9AA, 9C, 9D, 9E, 11, 11A, 11AA, 11AB, 11AC, 11B, 11BB, 11C, 11D, 11DD, 11DDA, 12A, 12B, 12C and 12D; Chapters III, VI, VIA and VIB.

[F. No. 354/72 /2010-TRU]





New Delhi, the 22nd June, 2010Notification No. 03 /2010-Clean Energy Cess

G.S.R. (E).- In exercise of the powers conferred by section 83 of the Finance Act, 2010 (14 of 2010) read with section 5A of the Central Excise Act,1944 (1 of 1944), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby exempts all goods leviable to the Clean Energy Cess under section 83 of the said Finance Act , from so much of the cess leviable thereon under the Tenth Schedule to the said Finance Act, 2010 as is in excess of the amount calculated at the rate of Rs 50 per tonne.

[F. No. 354/ 72 /2010-TRU]





New Delhi, the 22nd June, 2010

Notification No. 04/2010-Clean Energy Cess

G.S.R. (E).- In exercise of the powers conferred by section 83 of the Finance Act, 2010 (14 of 2010) read with section 5A of the Central Excise Act, 1944 ( 1 of 1944), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby exempts all goods falling under Central Excise Tariff headings 2701, 2702, 2703 of the First Schedule to the Central Excise Tariff Act,1985 (5 of 1986), other than raw coal, raw lignite and raw peat , from the clean energy cess leviable under section 83 of said Finance Act :Provided that the said exemption shall be applicable subject to the condition that applicable clean energy cess has been paid at the stage of raw coal, raw lignite or raw peat from which the said goods are produced or manufactured.

[F. No. 354/ 72 /2010-TRU]

Page : 27





New Delhi, the 22nd June, 2010


G.S.R. (E).- In exercise of the powers conferred by section 83 of the Finance Act, 2010 (14 of 2010) read with section 5A of the Central Excise Act, 1944 ( 1 of 1944), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby exempts all goods produced or extracted as per traditional and customary rights enjoyed by local tribals in the State of Meghalaya without any license or lease required under any law for the time being in force, from the clean energy cess leviable under section 83 of the said Finance Act.

[F. No. 354/ 72 /2010-TRU]





New Delhi, the 22nd June , 2010


G.S.R. (E).- In exercise of the powers conferred by Section 84 of the Finance Act, 2010 (14 of 2010), the Central Government hereby makes the following rules, namely:-

Chapter 1PRELIMINARY

1. Short title, extent and commencement.- (1) These rules may be called the Clean Energy Cess Rules, 2010.(2) They extend to the whole of India.(3) They shall come into force on the 1st day of July, 2010.

2. Definitions. - In these rules, unless the context otherwise requires, –(a) "Act" means the Finance Act, 2010 (14 of 2010);(b) “Board” means the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963 (54 of 1963); (c) “cess” means the Clean Energy Cess levied under section 83 of the Act;(d) “Central Excise Officer” shall have the meaning assigned to it in the Central Excise Act, 1944(1 of 1944);(e) “mine” shall have the meaning assigned to it under Mines Act,1952 (32 of 1952);(f) “producer” means any person engaged in the production of specified goods and includes a owner or agent as defined under section 2 of the Mines Act, 1952 (32 of 1952); (g) “removal” means despatch of specified goods from a mine and shall include despatch of such goods for captive consumption within that mine for any purpose other than for raising of such goods;(h) “specified goods “ means raw coal, raw lignite and raw peat.

Chapter 2COLLECTION AND ASSESSMENT OF CESS

Page : 28

3. Registration.− Every producer who is liable to pay cess shall get registered immediately with the jurisdictional Central Excise Officer but not later than a period of thirty days from the date of commencement of these rules by making an application to the jurisdictional Central Excise Officer :

Provided that where a producer commences production of the specified goods at any time after the commencement of these rules, such producer shall obtain registration within thirty days from the commencement of such production ;

Provided further that where a producer has a centralized billing or accounting system in respect of such specified goods produced at different mines, he may, instead, opt for registering only the premises or office from where such centralized billing or accounting is done.

4. Cess payable on removal.− Every producer shall pay the cess leviable on the removal of the specified goods in the manner provided in rule 6.

5. Assessment of cess.− The producer shall himself assess the cess payable on the specified goods.

6. Manner of payment.− (1) Cess on the specified goods removed from the mine during a month shall be paid by the 5th of the second month, following the month in which the removals were made:

Illustration.− Cess payable on specified goods removed from the factory for the month of July, 2010 shall be paid by the 5th of September, 2010.

(2) A producer who has opted for centralized registration in respect of its mines located at different places under rule 3, shall discharge the cess liability in respect of the aggregate removal of specified goods from all such mines effected during a month by the stipulated period specified in sub-rule (1)

(3) Where a producer has paid to the credit of the Central Government any amount in excess of the amount required to be paid towards cess liability for a month, such producer may adjust such excess amount paid by him against the cess liability for the next month:

Provided that the adjustment of excess amount paid under sub-rule (2) shall be subject to the condition that such excess amount paid is on account of reasons not involving interpretation of law, taxability, or applicability of any exemption notification;

Provided further that the producer may, instead, file a refund claim for any excess amount of cess paid if such producer fails to adjust the excess amount against the cess liability for the next month.

(4) Where any producer fails to pay the cess by the due date, he shall be liable to pay the outstanding amount along with interest at the rate specified by the Central Government under section 11AB of the Central Excise, 1944 (1 of 1944) on the outstanding amount for the period starting from the first day after the due date till the date of the actual payment of the outstanding amount.

(5) Where any producer defaults in payment beyond thirty days from the due date as specified in rule 6, such specified goods shall be deemed to have been cleared without payment of cess and the consequences and penalties under these rules and provisions of the Central Excise Act, 1944 (1 of 1944) as have been made applicable, shall follow in addition to payment of interest under sub-rule (4).

(6) The provisions of section 11 of the Central Excise Act , 1944 (1 of 1944) shall be applicable for recovery of the cess as assessed under rule 5 and the interest under sub-rule (4) in the same manner as they are applicable for recovery of any sums payable to the Central Government.

Explanation.− For the purposes of this rule, -(i) Cess liability shall be deemed to be discharged only if the amount payable is credited to the account of the Central Government by the specified date;

(ii) Where the registered person deposits cess by cheque, the date of presentation of the cheque in the bank designated by the Board for this purpose shall be deemed to be the date on which the cess has been paid subject to realization of the cheque.

7. Maintenance of records.- (1) Every producer shall maintain accounts showing the quantity of specified goods actually removed during a month, particulars to whom these were removed, the amount of cess payable during a month and the total amount of cess paid:

Provided that where a producer has opted for centralized registration under rule 3, such producer shall maintain mine wise details mentioned in the sub-rule (1).

(2) The amount of cess payable on any removals shall be rounded off to the nearest rupee and the actual weight of a consignment shall be rounded off to the nearest tonne.

8. Access to registered premises or mine.- (1) An officer empowered by the Commissioner in this behalf shall have access to any mine or premises registered under these rules for the purpose of carrying

Page : 29

out any scrutiny, verification and checks as may be considered necessary to safeguard the interest of revenue.

(2) Every producer shall furnish to the officer empowered under sub-rule (1) ,-(i) all records prepared and maintained for accounting of transactions in regard to production, storage or removal of specified goods; and(ii) financial records and statements including cost audit reports etc.

9. Goods to be removed under proper documents.- (1) No specified goods leviable to cess shall be removed from a mine except under cover of a document indicating the quantity of specified goods and the name and address of the consignee. 10. Cess shall be shown separately in the invoice or bill.- Cess shall be shown separately by the producer in the bill or invoice raised in respect of specified goods.

11. Filing of return.- Every producer shall submit to the Jurisdictional Central Excise Officer, a return in Form - I showing the quantities of specified goods removed during the month in respect of which the payment has been made, the amount paid under rule 6 and other particulars specified in that form enclosing the evidence of payment of cess not later than 10th day of the month in which the payment has been made:

Provided that in the case of a producer who has obtained centralized registration under rule 3 , the return in Form- I shall contain mine-wise information.

12. General penalty.- Whoever contravenes any of the provisions of these rules shall be liable to pay a penalty which may extend to ten thousand rupees and confiscation of the goods in question in respect of which the contravention is made, if no penalty is provided elsewhere.

[F. No. 354/72/2010-TRU]


FORM –IMonthly return for removal of specified goods

(See Rule 11)

Name of Producer :

Full address :

Registration Number :

Month :

Description of specified goods:

Quantity of specified goods removed during the

month(in MT)

Rate of cess per tonne

(Rs. per tonne)

Total cess payable as per

billing(Rs. )

Total cess paid( Rs.)

Remarks

Note: In case where a producer has obtained centralised registration under rule 3, he shall provide the above details in respect of each mine.

I /we hereby solemnly declare that the information given in this return is true, correct and complete in every respect.

(Name in capital letters and signature of the registered person or his authorised agent)

http://cbec.gov.in/excise/cx-act/notfns-2k10/cx-tarr2k10/cec-mnly-rtn.pdf

http://cbec.gov.in/excise/cx-act/notfns-2k10/cx-tarr2k10/cec-mnly-rtn.pdf

Page : 30

---x---

TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY PART-II, SECTION—3, SUB SECTION (ii)

GOVERNMENT OF INDIA

MINISTRY OF COMMERCE AND INDUSTRYDEPARTMENT OF COMMERCE

NOTIFICATION No. 48/ 2009-2014NEW DELHI, Dated: 15th June 2010

Subject : Mandatory Indian Quality Standards.

S.O. (E) In exercise of powers conferred by Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 read with paragraph 2.1 of the Foreign Trade Policy – 2009-2014, the Central Government hereby amends Schedule – 1 (Imports) of the ITC(HS) Classifications of Export and Import Items, as under:

1. The following items will be added to the Appendix III to Schedule 1 (IMPORTS) of ITC(HS) Classifications of Export and Import Items: Sl. No.

Applicable BIS Standards

Name of the products

75. IS 277 Galvanized steel sheets (plain and corrugated).

2. This issues in public interest.

Sd/-(R.S. Gujral)

Director General of Foreign Trade

And Ex-Officio Special Secretary to the Govt. of India

(Issued from File No 01/89/180/Moni-5852/AM03/PC-2A)

TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARYPART-II, SECTION-3, SUB SECTION (ii)

GOVERNMENT OF INDIA

MINISTRY OF COMMERCE AND INDUSTRYDEPARPTMENT OF COMMERCE

NOTIFICATION NO. 49 / 2009-2014

NEW DELHI, DATED 24th June, 2010

Subject : Prohibition on import of milk and milk products from China.

S.O. (E) In exercise of powers conferred by Section 5, read along with Section 3(2) of the Foreign Trade (Development and Regulation) Act, 1992, also read along with paragraph 2.1 of Foreign Trade Policy, 2009-14, the Central Government hereby further extends the prohibition on import of milk and milk products including chocolates and chocolate products and candies/ confectionary/ food preparations with milk or milk solids as an ingredient, from China, imposed vide Notification No. 67(RE-2008)/2004-2009 dated 1st December, 2008 and extended vide Notification No. 22/2009-2014 dated 23rd Dec, 2009, for a period of six months from 24th June,2010 and until further orders.

Page : 31

2. This issues in public interest.Sd/-

(R.S. Gujral)Director General of Foreign Trade and

Ex-officio Special Secretary to the Government of India

(Issued from F.No.01/93/180/898/AM99/PC-2 (A)

TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY PART II SECTION 3, SUB SECTION (ii)GOVERNMENT OF INDIA

MINISTRY OF COMMERCE & INDUSTRYDEPARTMENT OF COMMERCE

NOTIFICATION NO.50 /2009-2014NEW DELHI, THE 6th JULY, 2010

S.O.(E) In exercise of the powers conferred by Section 5 read with Section 3(2) of the Foreign Trade (Development & Regulation) Act, 1992 (No.22 of 1992) and also read with Para 1.3 and Para 2.1 of the Foreign Trade Policy, 2009-2014, the Central Government hereby makes, with immediate effect, the following amendments in the Notification No. 16 (RE-2008)/2004-2009 Dated 26 June, 2008 : -

2. The entry at S.No.65 A in the Notification No. 16 (RE-2008)/2004-2009 Dated 26 June, 2008 may be substituted to read as under:-

S. No. Tariff Item HS Code

Unit Item Description Export Policy

Nature of Restriction

65A 13021302 32 201302 32 30

Kg.Guar gum refined splitGuar gum treated and pulverized.

Free 1. Guar gum exports to European Union, originating in or consigned from India and intended for animal or human consumption, allowed subject to issue of Health Certificate by authorized representative of Ministry of Commerce & Industry, Government of India i.e. Shellac & Forest Products Export Promotion Council (SHEFEXIL), Kolkata accompanied by the original analytical report of testing of Penta Chlorophenol (PCP) issued by Vimta Labs, Hyderabad, certifying that the product does not contain more than 0.01 mg/Kg. of Penta Chlorophenol (PCP) on sampling done by the authorized representative of the competent authority.

3. This issues in Public Interest. Sd/-

(R. S. GUJRAL)DIRECTOR GENERAL OF FOREIGN TRADE

And Ex-Officio Special Secretary to the Govt. of India

(Issued from F.No.01/91/180/265/AM09/Export Cell)

office of the commissioner of customs - …€¦ · · 2016-11-29office of the commissioner of...

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