Office of the Commissioner of Customs Custom House, Cochin Public Notice No. 09 /2009

Transcription

1 Office of the Commissioner of Customs Custom House, Cochin Public Notice No. 09 /2009 Attention of the trade and public is invited to the following instructions of the C.B.E.C, enclosed herewith, for information: Sl. Instruction No. and origin No. 1. Notification No. 14/2009 Cus dated of CBEC 2. Notification No. 15/ Customs, dated, of CBEC 3. Notification No. 16/ Customs, dated, of CBEC 4. Notification No. 17/ Customs, dated, of CBEC 5. Notification No. 18/ Customs, dated, of CBEC 6. Notification No. 19/ Customs, dated, of CBEC 7. Notification No. 20/ Customs, dated, of CBEC 8. Notification No. 21/ Customs, dated, Corrigendum of CBEC 9. Notification No. 22/ Customs, dated, of CBEC 10. Notification No. 23/ Customs, dated, of CBEC 11. Notification No. 20/2009 -Customs (N.T.), dated of CBEC 12. Notification No. 22/2009 -Customs (N.T.), dated of CBEC 13. Circular No. 10/2009 vide F.No.DGEP/EOU/32/2007 dtd of CBEC 14. Circular No. 11/2009 vide F.No. 605/109/2006-DBK dtd of CBEC Subject To permit the import of goods against the scrips issued under the Hi-tech product Export Promotion Scheme To amend various export promotion notifications to permit utilization of scrips issued under reward schemes for the import of restricted items To amend Notification 94/04-cus issued under Advance Authorization scheme to permit the import of goods against the authorizations issued on the basis of self declarations where Standard Input Output Norms does not exist To amend the existing notification number 40/06-Cus issued under the Duty Free Import Authorization Scheme Amends Notification No. 52/2003-Customs, dated the 31st March, 2003 Amends certain notifications regarding inclusion of Krishnapatanam port Amends Notification No. 21/2002-Customs, dated the 1st March, 2009 Regarding Anti dumping duty on Plain Medium Density Fibre Board originating in, or exported from, China PR, Malaysia, New Zealand, Thailand and Sri Lanka Amending notification No.93/2004-Cus.&94/2004-cus. to relax actual user condition in respect of Authorisation issued for import of raw sugar Amending notification No.39/96 Customs, dated the 23rd July, 1996 Amends Notification No.36/2001 Customs (N.T.), dated, the 3 rd August, 2001 Amends Notification No.36/2001 Customs (N.T.), dated, the 3 rd August, 2001 Certification of invoices for supply of goods from DTA to EOUs for claiming deemed export benefits Duty Free Import Authorization (DFIA) Scheme - availment of facility under rule 18 (rebate of duty paid on materials used in the manufacture of resultant product) or sub-rule (2) of rule 19 of the Central Excise Rules, 2002 or Cenvat credit under CENVAT Credit Rules, 2004 under Notification number 40/06-Cus dated [Issued in F.No.C1/01/2009-TU] Cochin, dated Annexure : As Sd/- (B.SYED MOHAMMED) COMMISSIONER // Attested // (K.A. Jathin) Appraiser (Tariff Unit Copy to: 1. The Chief Commissioner s Office, Cochin. 2. Commissioner s file/ 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.

2 TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II 3, SUB-SECTION (i) SECTION GSR GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) New Delhi, the 19 th February, Magha, 1930 SAKA NOTIFICATION No. 14 /2009-CUSTOMS (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 exempts goods when imported into India against a duty credit scrip issued under the Hi-tech Product Export Promotion Scheme in accordance with paragraph 3.11 of the Foreign Trade Policy (hereinafter referred to as the said scrip) from,- (a) the whole of the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), and (b) from the whole of the additional duty leviable thereon under section 3 of the said Customs Tariff Act, 1975, subject to the following conditions, namely :- (1) that the benefit under this notification shall be available only in respect of duty credit scrip issued against export of the products specified in the Table annexed hereto; (2) that the said scrip is produced before the proper officer of customs at the time of clearance for debit of the duties leviable on the goods, but for this exemption: Provided that exemption from duty shall not be admissible if there is insufficient credit in the said scrip for debiting the duties leviable on the goods, but for this exemption; (3) that the said scrip and goods imported against it shall be freely transferable; (4) that the imports and exports are undertaken through sea ports at Mumbai, Kolkata, Cochin, Magdalla, Kakinada, Kandla, Mangalore, Marmagoa, Chennai, Nhava Sheva, Paradeep, Pipavav, Sikka, Tuticorin, Visakhapatnam, Dahej, Mundhra, Nagapattinam, Okha, Bedi (including Rozi-Jamnagar), Muldwarka, Porbander, Dharamtar, Vadinar, and Haldia (Haldia Dock Complex of Kolkata port) or through any of the airports at Ahmedabad, Bangalore, Bhubaneswar, Mumbai, Kolkata, Coimbatore, Delhi, Hyderabad, Jaipur, Chennai, Srinagar, Trivandrum, Varanasi, Nagpur, Cochin, Rajasansi (Amritsar), Lucknow (Amausi), Indore and Dabolim (Goa), or through any of the Inland Container Depots at Agra, Bangalore, Coimbatore, Delhi, Faridabad, Gauhati, Guntur, Hyderabad, Jaipur, Jallandhar, Kanpur, Ludhiana, Moradabad, Nagpur, Pimpri (Pune), Pitampur (Indore), Surat, Tirupur, Varanasi, Nasik, Rudrapur (Nainital), Dighi (Pune), Vadodara, Daulatabad (Wanjarwadi and Maliwada), Waluj (Aurangabad), Anaparthy (Andhra Pradesh), Salem, Malanpur, Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai, Bhilwara, Pondicherry, Garhi Harsaru, Bhatinda, Dappar (Dera Bassi), Chheharata (Amritsar), Karur, Miraj, Rewari, Bhusawal, Jamshedpur, Surajpur, Dadri, Tuticorin, Kundli, Bhadohi, Raipur, Mandideep (District Raisen), Durgapur (Export Promotion Industrial Park), Babarpur and Loni (District Ghaziabad) or through the Land Customs Station at Ranaghat, Singhabad, Raxaul, Jogbani, Nautanva (Sonauli), Petrapole, Mahadipur, Nepalganj Road, Dawki, Agartala, Sutarkhandi, Amritsar Rail Cargo, Attari Road, Hilli, Ghojadanga and Changrabandha or a Special Economic Zone notified under section 4 of the Special Economic Zones Act, 2005 (28 of 2005): Provided that the Commissioner of Customs may, by special order or a public notice and subject to such conditions as may be specified by him, permit import and export through any other sea-port, airport, and inland container depot or through a land customs station. (5) that where the importer does not claim exemption from the additional duty of customs leviable under section 3 of the said Customs Tariff Act, he shall be deemed not to

3 have availed the exemption from the said duty for the purpose of calculation of the said additional duty of customs; (6) that the importer shall be entitled to avail of the drawback or CENVAT credit of additional duty leviable under section 3 of the said Customs Tariff Act against the amount debited in the said scrip; (7) that the exports made by EOUs/EHTP/BTPs who do not avail of direct tax benefits or exemption shall be eligible, provided the same are not covered under the categories of exports specified in Paragraph 2; (8) that the said scrip shall be used for import of inputs or goods including capital goods Provided that, the following items are not permitted to be debited to the said scrip; (a) Garlic, peas and all other vegetables with a duty of more than 30% under Chapter 7 of ITC (HS) Classification of Export and Import items; (b) Coconut, areca nut, oranges, lemon, fresh grapes, apple and pears and all other fruits with a duty of more than 30% under Chapter 8 of ITC(HS) Classification of Export and Import items; (c) All spices with a duty of more than 30% under chapter 9 of ITC(HS) classification of Export and Import items (except cloves); (d) Tea, coffee and pepper as per Chapter 9 of ITC(HS) Classification of Export and Import items; (e) All Oil seeds under Chapter 12 of ITC(HS) Classification of Export and Import items; (f) Natural Rubber as per Chapter 40 of ITC(HS) Classification of Export and Import items; (g) Capital Goods, (i) General-purpose agricultural tractors 25 HP and upto 75 HP (ii) Stationary Diesel Engines (iii) Irrigation pumps (iv) Threshers for cereals (v) Combine harvesters suitable only for wheat and paddy crops (vi) Animal driven implements. (9) that the foreign exchange counted towards fulfilment of export obligation (over and the average) under Export Promotion Capital Goods Scheme shall not be eligible for benefits under the scheme; 2. The following categories of exports shall not be counted for calculation of export performance or for computation of entitlement under the scheme:- (a) export of imported goods covered under para 2.35 of the FTP in freely convertible currency; (b) exports through transhipment, meaning thereby that exports originating in third country but transhipped through India; (c) export turnover of Special Economic Zone units or supplies made to such units or Special Economic Zone products exported through Domestic Tariff Area units; (d) deemed exports; Explanation, - For the purposes of this notification,- (i) Goods means any inputs, or goods including capital goods; (ii) Capital goods means any plant, machinery, equipment or accessories required for manufacture or production, either directly or indirectly, of goods or for rendering services, including those required for replacement, modernization, technological up gradation or expansion. It also includes packaging machinery and equipment, refractories for initial lining, refrigeration equipment, power generating sets, machine tools, catalysts for initial charge, equipment and instruments for testing, research and development, quality and pollution control. Capital goods may be for use in manufacturing, mining, agriculture, aquaculture, animal husbandry, floriculture, horticulture, pisciculture, poultry, sericulture and viticulture as well as for use in services sector. (iii)"foreign Trade Policy" means the Foreign Trade Policy , published by the Government of India in the Ministry of Commerce and Industry vide notification No.01(RE-2008)/ , dated the 11th April, 2008; Sr. No. HTPEPS Product Code ITC (HS) Code Table Description 1 H Public Call Office using Wireless (GSM / Satellite) technology, covered under ITC HS Code H Point of sale terminals/transaction

4 Terminals(ePOS) using GSM/CDMA/Ethernet /WiFi/Serial/PSTN Technology covered under ITC HS code H SIM Cards 4. H Memory Cards 5. H Cellular Phones (with 3G Standard, Wireless Internet and GPS) 6. H Automatic Bank Note Dispensers 7. H Ultrasonic Scanning Apparatus 8. H Magnetic Resonance Imaging Apparatus 9. H Still Image Video Cameras 10. H Videophones 11. H Hybrid Integrated Circuits 12. H Solar Cells/Photovoltaic Cells whether or not assembled in modules/ panels [F. No.605/54/2008-DBK ] (S.R.Meena) Under Secretary to the Government of India. [ 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. 15 /2009-CUSTOMS New Delhi, the 19 th February, Magha 1930 SAKA 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 directs that each of the notifications of the Government of India in the Ministry of Finance (Department of Revenue), specified in column (2) of the Table below, shall be amended or further amended, as the case may be, in the manner specified in the corresponding entry in column (3) of the said Table, namely :- Table S.No. Notification Number. Amendment and date (1) (2) (3) 1. 92/2004- Customs,dated the 10 th September,2004 [Vide number G.S.R 605(E), dated the 10 th September,2004] 2. 41/2005-Customs, dated the 9 th May, 2005 Vide number G.S.R 282(E), dt the 9 th May, 2005] In the said notification, in the opening paragraph,- (1) in clause (i), for the words and figures and items not permitted to be imported as specified in para of the policy the following words, figures and letter shall be substituted, namely :- and items not permitted to be imported in terms of Appendix 37B of the Hand Book of Procedure,volume I (2) in clause (ii), for the words and figures the items not permitted to be imported as specified in para of the policy the following words, figures and letter shall be substituted, namely :- the items not permitted to be imported in terms of Appendix 37B of the Hand Book of Procedure,volume I In the said notification, in the opening paragraph, the words, which are freely importable shall be omitted

5 3. 73/2006-Customs, dated the 10 th July, 2006 Vide number G.S.R 408(E), dated the 10 th July, /2006-Customs, dated the 1 st September,2006 [Vide number G.S.R 528(E), dated the 1 st September,2006] 5. 91/2006-Customs, dated the 1 st September,2006 [Vide number G.S.R 529(E), dated the 1 st September,2006] In the said notification, in the explanation, in clause (i) of, the words, which are freely importable under the Foreign Trade Policy shall be omitted. In the said notification, (i) for condition (8) the following condition shall be substituted,namely,- (8) that the benefits under this notification shall not be available to the items listed in Appendix 37B of the Hand Book of Procedure,volume I. (ii) in the explanation, in clause (i) the words, which are freely importable under the Foreign Trade Policy shall be omitted. In the said notification,- (i) for condition (8) the following condition shall be substituted,namely,- (8) that the benefits under this notification shall not be available to the items listed in Appendix 37B of the Hand Book of Procedure,volume I. (ii) in the explanation, in clause (i) the words, which are freely importable under the Foreign Trade Policy shall be omitted [F. No.605/52/2008-DBK ] (S.R.Meena) Under Secretary to the Government of India. Note :- (1)The principal notification No. 92/2004-Customs, dated the 10 th September, 2004 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide number GSR 605 (E), dated the 10 th September, 2004 and was last amended by notification No.125/2008-Customs, dated the 21 st November, 2008 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide number GSR 816 (E) dated the 21 st November, 2008 (2)The principal notification No. 41/2005-Customs, dated the 9 th May, 2005 was number GSR 282 (E), dated the 9 th May, 2005 and was last amended by notification No.125/2008-Customs, dated the 21 st November, 2008 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide number GSR 816 (E) dated the 21 st November, (3) The Principal notification No.73/2006-Customs, dated the 10 th July, 2006 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (1) vide number G.S.R 408(E), dated the 10 th July, 2006 and was last amended by notification No.63/2008-Customs, dated the 8 th May, 2008 vide number G.S.R 346 (E), dated 8 th May, (4)The principal notification No. 90/2006-Customs, dated the 1 st September, 2006 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide number GSR 528 (E), dated the 1 st September, 2006 and was last amended by notification No.125/2008-Customs, dated the 21 st November, 2008 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide number GSR 816 (E) dated the 21 st November, (5)The principal notification No. 91/2006-Customs, dated the 1 st September, 2006 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordihnary vide number GSR 529 (E), dated the 1 st September, 2006 and was last amended by notification No.125/2008-Customs, dated the 21 st November, 2008 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide number GSR 816 (E) dated the 21 st November, 2008.

6 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. 16 /2009-CUSTOMS New Delhi, the 19 th February, Magha, 1930 SAKA 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) Number 94/2004-Customs, dated the 10 th September, 2004 [Vide number G.S.R 607 (E), dated the 10 th September, 2004], namely :- In the said notification, in condition (2) for the existing provisos, the following provisos shall be substituted, namely,- Provided that the authorizations issued on the basis of self declaration where Standard Input Output Norms are not fixed, shall also be valid for import of inputs required for the manufacture of export products provided the authorization holder shall prove to the satisfaction of the jurisdictional Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, that an application in Aayat Niryat form along with documents specified therein has been submitted to the Director General of Foreign Trade, in terms of para 4.7 of the Hand Book of Procedure (Volume I) of Foreign Trade Policy before making the first shipment: Provided further that in respect of the inputs specified in paragraph 4.24A(a)(i)of the Hand Book of Procedure (Volume I) of Foreign Trade Policy, the material permitted in the said authorization shall be of the same quality, technical characteristics and specifications as the materials used in the export of the resultant product: Provided also that the exporter shall give declaration with regard to the technical characteristics, quality and specifications of materials used in the export of resultant product, in the shipping bill; [F. No.605/65/2008-DBK ] (S.R. Meena) Under Secretary to the Government of India. Note :- The Principal notification No.94/2004-Customs, dated the 10 th September, 2004 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (1) vide number G.S.R 607 (E), dated the 10 th September, 2004 and was last amended by notification No.86/2008-Customs, dated the 16 th July, 2008 published in the Gazette of India, Extraordinary Part II, Section 3, Sub-Section (i) vide number G.S.R 532 (E), dated 16 th July, 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. 17 /2009-CUSTOMS New Delhi, the 19 th February, Magha, 1930 SAKA 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

7 notification of the Government of India in the Ministry of Finance (Department of Revenue) Number 40/2006-Customs, dated the 1 st May 2006 [Vide G.S.R 260 (E), dated the 1 st May, 2006], namely :- In the said notification,- (1) for condition number (iii) the following conditions shall be substituted, namely:- (iii) that in respect of imports made before the discharge of export obligation in full, the importer at the time of clearance of the imported materials executes a bond with such surety or security and in such form and for such sum as may be specified by the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, binding himself to pay on demand an amount equal to the duty leviable, but for the exemption contained herein, on the imported materials in respect of which the conditions specified in this notification are not complied with, together with interest at the rate of fifteen percent per annum from the date of clearance of the said materials; (iiia) that in respect of imports made after the discharge of export obligation in full, if facility under rule 18 (rebate of duty paid on materials used in the manufacture of resultant product) or sub-rule (2) of rule 19 of the Central Excise Rules, 2002 or CENVAT Credit under CENVAT Credit Rules, 2004 has been availed, then the importer shall, at the time of clearance of the imported materials furnish a bond to the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, binding himself, to use the imported materials in his factory or in the factory of his supporting manufacturer for the manufacture of dutiable goods and to submit a certificate, from the jurisdictional Central Excise officer within six months from the date of clearance of the said materials, that the imported materials have been so used: Provided that, in case, (a) materials are imported against an authorisation transferred by the Regional Authority, or (b) the imported materials are transferred with the permission of Regional Authority, then the importer shall pay an amount equal to the additional duty of customs leviable on the materials so imported or transferred, but for the exemption contained herein, together with interest at the rate of fifteen percent per annum from the date of clearance of the said materials: Provided further that if the importer pays additional duty of customs leviable on the imported materials but for the exemption contained herein, then the imported materials may be cleared without furnishing a bond specified in this condition and the additional duty of customs so paid shall be eligible for availing CENVAT Credit under the CENVAT Credit Rules, 2004; (iiib) that in respect of imports made after the discharge of export obligation in full, and if facility under rule 18 (rebate of duty paid on materials used in the manufacture of resultant product) or sub-rule 2 of rule 19 of the Central Excise Rules, 2002 or CENVAT credit under CENVAT Credit Rules, 2004 has not been availed and the importer furnishes proof to this effect to the satisfaction of the Deputy Commissioner of Customs or the Assistant Commissioner of Customs as the case may be, then the imported materials may be cleared without furnishing a bond specified in condition (iiia); (2) in condition (iv), for the words, figures, letters and brackets Special Economic Zone as specified in the notification issued under section 76A of the Customs Act,1962(52 of 1962) the following words, figures and brackets shall be substituted, namely:- a Special Economic Zone notified under section 4 of the Special Economic Zones Act, 2005 (28 of 2005). (3) for condition number (v), the following condition shall be substituted, namely:-

8 (v) that the export obligation as specified in the said authorization (both in value and quantity terms) is discharged within the period specified in the said authorization or within such extended period as may be granted by the Regional Authority by exporting resultant products, manufactured in India which are specified in the said authorization: Provided that an Advance Intermediate authorization holder shall discharge export obligation by supplying the resultant products to the exporter in terms of paragraph (ii) of the Foreign Trade Policy. (4) In the Explanation, after clause (iv), the following clause shall be inserted, namely:- (v) dutiable goods means excisable goods which are not exempt from central excise duty and which are not chargeable to nil rate of central excise duty.. [F. No.605/109/2006-DBK ] (S.R. Meena) Under Secretary to the Government of India. Note :- The principal notification number 40/2006-Customs, dated the 1 st May,2006 was published in the Gazette of India, Extraordinary Part II, section 3, sub-section (i) vide number GSR 260 (E), dated the 1 st May,2006 and was last amended by the notification number 125/2008-Customs, dated the 21 st November, 2008 published in the Gazette of India, Extraordinary Part II, Section 3, Sub-Section (i) vide GSR 816 (E), dated the 21 st November, [TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART-II, SECTION 3, SUB-SECTION (i)] GOVERNMENT OF INDIA MINISTRTY OF FINANCE (DEPARTMENT OF REVENUE) New Delhi, the 23 rd February, 2009 Notification No. 18/ Customs G.S.R. 109 (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. 52/2003-Customs, dated the 31st March, 2003, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 274 (E), dated the 31st March, 2003, namely:- In the said notification,- (i) in ANNEXURE-I, after serial number 15A. and the entries relating thereto, the following serial number and entries shall be inserted, namely:- 15B. Pharmaceuticals samples in retail packs (repacked from bulk packs exported by the unit) imported for retention or stability in terms of any statutory requirements. ; (ii) in the ANNEXURE-V, for the entry against serial number 31, the following entry shall be substituted, namely:- Spares upto a value of 5 percent. of the value of respective goods specified at Sl.No.1 to Sl.No. 29 in each financial year.. [F.No: DGEP/FTP/13/2008-EOU & G & J(Pt-I)] (Rahul Nangare)

9 Under Secretary to the Government of India Sl.No. Note: The principal notification No. 52/2003-Customs, dated the 31 st March, 2003 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub section (i) vide number G.S.R 274(E), dated the 31 st March, 2003 and last amended by notification No. 60/2008- Customs, dated the 5 th May, 2008 published vide number G.S.R. 334 (E), dated the 5 th May, [ 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. 19 / Customs New Delhi, the 24 th February, Phalguna, 1930 SAKA 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 directs that each of the notifications of the Government of India in the Ministry of Finance (Department of Revenue), specified in column (2) of the Table below, shall be amended or further amended, as the case may be, in the manner specified in the corresponding entry in column (3) of the said Table, namely :- Table Notification Number. and date Amendment (1) (2) (3) 1. 43/2002-Customs, dated the 19 th April,2002 [Vide number G.S.R 292(E), dated the 19 th April, 2002] 2. 46/2002-Customs, dated the 22 nd April,2002 [Vide number G.S.R 299(E), dated the 22 nd April, 2002] 3. 47/2002-Customs, dated the 22 nd April,2002 [Vide number G.S.R 292(E), dated the 22 nd April, 2002] 4. 53/2003-Customs, dated the 1 st April, 2003 [Vide number G.S.R 277(E), dated the 1 st April, 2003] 5. 54/2003-Customs, dated the 1 st April, 2003 [Vide number G.S.R 278(E), dated the 1 st April, 2003] 6. 55/2003-Customs, dated the 1 st April,2003[Vide number G.S.R 299(E) dated the 1 st April,2003] 7. 56/2003-Customs, dated the 1 st April, 2003 [Vide number G.S.R 280(E), dated the 1 st April, 2003] In the said notification, in the opening paragraph, in condition (iv), for Kolkata port) and Krishnapatnam, shall be substituted;; In the said notification, in condition (iv), for the words and brackets and Haldia (Haldia Dock complex of Kolkata port), the words and brackets Haldia (Haldia Dock complex of Kolkata port) and Krishnapatnam, shall be substituted; In the said notification, in the opening paragraph,for the words and brackets and Haldia (Haldia Dock complex of Kolkata port), the words and brackets Haldia (Haldia Dock complex of Kolkata port) and Krishnapatnam port, shall be substituted; In the said notification, in condition (5), for the words and brackets and Haldia (Haldia Dock complex of Kolkata port), the words and brackets Haldia (Haldia Dock complex of Kolkata port) and Krishnapatnam, shall be substituted; In the said notification, in condition (4) for the words and brackets and Haldia (Haldia Dock complex of Kolkata port), the words and brackets Haldia (Haldia Dock complex of Kolkata port) and Krishnapatnam, shall be substituted; In the said notification, in the opening paragraph, in condition (5), for Kolkata port) and Krishnapatnam, shall be substituted; In the said notification, in condition (6), for the words and brackets and Haldia (Haldia Dock complex of Kolkata port), the words and brackets Haldia (Haldia Dock complex of Kolkata port) and Krishnapatnam, shall be substituted;

10 8. 90/2004-Customs, dated the 10 th September, 2004 [Vide number G.S.R 603(E), dated the 10 th September, /2004-Customs, dated the 10 th September, 2004[Vide number G.S.R 604(E), dated the 10 th September, 2004] /2004-Customs,dated the 10 th September,2004 [Vide number G.S.R 605(E), dated the 10 th September,2004] /2004-Customs, dated the 10 th September, 2004[Vide number G.S.R 606(E), dated the 10 th September, 2004] /2004-Customs, dated the 10 th September, 2004[Vide number G.S.R 607(E), dated the 10 th September, 2004] /2004-Customs,dated the 17 th September,2004 [Vide number G.S.R 620(E), dated the 17 th September,2004] /2005-Customs, dated the 8 th April, 2005 [Vide number G.S.R 222(E), dated the 8 th April, /2005-Customs, dated the 9 th May, 2005 [Vide number G.S.R 282(E), dated the 9 th May, 2005] /2005-Customs, dated the 4 th October, 2005 [Vide number G.S.R 624 (E), dated the 4 th October, 2005] /2006-Customs, dated the 1 st May 2006 [Vide number G.S.R 260 (E), dated the 1 st May, 2006] /2006-Customs, dated the 10 th July, 2006 [Vide number G.S.R408(E), dated the 10 th July, /2006-Customs, dated the 1 st September, 2006 [Vide number G.S.R 528(E), dated the 1 st September,2006] /2006-Customs, dated the 1 st September, 2006 [Vide number G.S.R 529(E), dated the 1 st September,2006] In the said notification, in condition (iv), for the words and brackets and Haldia (Haldia Dock complex of Kolkata port), the words and brackets Haldia (Haldia Dock complex of Kolkata port) and Krishnapatnam, shall be substituted; In the said notification, in the opening paragraph, in condition (vi), for Kolkata port) and Krishnapatnam, shall be substituted; In the said notification, in the opening paragraph, in condition (iv) for Kolkata port) and Krishnapatnam, shall be substituted; In the said notification, in the opening paragraph, in condition (iv), for Kolkata port) and Krishnapatnam, shall be substituted; In the said notification, in condition (6), for the words and brackets and Haldia (Haldia Dock complex of Kolkata port), the words and brackets Haldia (Haldia Dock complex of Kolkata port) and Krishnapatnam, shall be substituted; In the said notification, in the opening paragraph, in condition (6), for Kolkata port) and Krishnapatnam, shall be substituted; In the said notification, in the opening paragraph, in condition (5) for Kolkata port) and Krishnapatnam, shall be substituted; In the said notification, in the opening paragraph, in condition (3), for Kolkata port) and Krishnapatnam, shall be substituted; In the said notification, in the opening paragraph, in condition (iv), for Kolkata port) and Krishnapatnam, shall be substituted; In the said notification, in the opening paragraph, in condition (iv), for Kolkata port) and Krishnapatnam, shall be substituted; In the said notification, in the opening paragraph, in condition (5), for Kolkata port) and Krishnapatnam, shall be substituted; In the said notification, in the opening paragraph, in condition (4), for Kolkata port) and Krishnapatnam, shall be substituted; In the said notification, in the opening paragraph, in condition (4), for Kolkata port) and Krishnapatnam, shall be substituted;

11 21 14/2009-Customs, dated the 19 th February, 2009[Vide number G.S.R 103(E), dated the 19 th February, 2009] In the said notification, in the opening paragraph, in condition (4), for Kolkata port) and Krishnapatnam, shall be substituted; F. No.605/02/2009-DBK Sd/- (S.R.Meena) Under Secretary to the Government of India. Note :- (i) The Principal notification No.43/2002-Customs, dated the 19 th April, 2002 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (1) vide number G.S.R 292(E), dated the 19 th April, 2002 and was last amended by notification No.63/2008-Customs, dated the 8 th May, 2008 was published in the Gazette of India Extraordinary, Part II, Section 3, Sub-Section (i) vide number G.S.R 346 (E), dated 8 th May, (ii) The Principal notification No.46/2002-Customs, dated the 22 nd April, 2002 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (1) vide number G.S.R 299(E), dated the 22 nd April, 2002 and was last amended by notification No.63/2008- Customs, dated the 8 th May, 2008 was published in the Gazette of India Extraordinary, Part II, Section 3, Sub-Section (i) vide number G.S.R 346 (E), dated 8 th May, (iii) The Principal notification No.47/2002-Customs, dated the 22 nd April, 2002 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (1) vide number G.S.R 292(E), dated the 22 nd April, 2002 and was last amended by notification No.63/2008- Customs, dated the 8 th May, 2008 was published in the Gazette of India Extraordinary, Part II, Section 3, Sub-Section (i) vide number G.S.R 346 (E), dated 8 th May, (iv) The Principal notification No.53/2003-Customs, dated the 1 st April, 2003 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (1) vide number G.S.R 277(E), dated the 1 st April, 2003 and was last amended by notification No.63/2008-Customs, dated the 8 th May, 2008 was published in the Gazette of India Extraordinary, Part II, Section 3, Sub-Section (i) vide number G.S.R 346 (E), dated 8 th May, (v) The Principal notification No.54/2003-Customs, dated the 1 st April, 2003 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (1) vide number G.S.R 278(E), dated the 1 st April, 2003 and was last amended by notification No.63/2008-Customs, dated the 8 th May, 2008 was published in the Gazette of India Extraordinary, Part II, Section 3, Sub-Section (i) vide number G.S.R 346 (E), dated 8 th May, (vi) The principal notification No. 55/2003-Customs, dated the 1 st April, 2003 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide number GSR 299 (E), dated the 1 st April, 2003 and was last amended by notification No.125/2008-Customs, dated the 21 st November, 2008 was published in the Gazette of India Extraordinary, Part II, Section 3, Sub-Section (i) vide number GSR 816 (E) dated the 21 st November, 2008 (vii) The Principal notification No.56/2003-Customs, dated the 1 st April, 2003 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (1) vide number G.S.R 280(E), dated the 1 st April, 2003 and was last amended by notification No.63/2008-Customs, dated the 8 th May, 2008 was published in the Gazette of India Extraordinary, Part II, Section 3, Sub-Section (i) vide number G.S.R 346 (E), dated 8 th May, (viii) The Principal notification No.90/2004-Customs, dated the 10th September, 2004 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (1) vide number G.S.R 603(E), dated the 10th September, 2004 and was last amended by notification No.63/2008-Customs, was published in the Gazette of India Extraordinary, Part II, Section 3, Sub-Section (i) dated the 8 th May, 2008 vide number G.S.R 346 (E), dated 8 th May, 2008.

12 (ix) The Principal notification No.91/2004-Customs, dated the 10 th September, 2004 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (1) vide number G.S.R 604 (E), dated the 10 th September, 2004 and was last amended by notification No.70/2008-Customs, dated the 19th May, 2008 was published in the Gazette of India Extraordinary, Part II, Section 3, Sub-Section (i) vide number G.S.R 389 (E), dated 19th May, (x)the principal notification No. 92/2004-Customs, dated the 10 th September, 2004 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide number GSR 605 (E), dated the 10 th September, 2004 and was last amended by notification No.15/2009-Customs, dated the 19 th February 2009 was published in the Gazette of India Extraordinary, Part II, Section 3, Sub-Section (i) vide number G.S.R 102 (E), dated 19 th February 2009 (xi) The Principal notification No.93/2004-Customs, dated the 10 th September, 2004 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (1) vide number G.S.R 606 (E), dated the 10 th September, 2004 and was last amended by notification No.86/2008-Customs, dated the 16th July, 2008 was published in the Gazette of India Extraordinary, Part II, Section 3, Sub-Section (i) vide number G.S.R 532 (E), dated 16th July, (xii) The Principal notification No.94/2004-Customs, dated the 10 th September, 2004 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (1) vide number G.S.R 607 (E), dated the 10 th September, 2004 and was last amended by notification No.16/2009-Customs, dated the 19 th February 2009 was published in the Gazette of India Extraordinary, Part II, Section 3, Sub-Section (i) vide number G.S.R 104 (E), dated 19 th February (xiii) The principal notification No. 97/2004-Customs, dated the 17 th September, 2004 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide number GSR 620 (E), dated the 17 th September, 2004 and was last amended by notification No.125/2008-Customs, dated the 21 st November, 2008 was published in the Gazette of India Extraordinary, Part II, Section 3, Sub-Section (i) vide number GSR 816 (E) dated the 21 st November, 2008 (xiv) The Principal notification No.32/2005-Customs, dated the 8th April, 2005 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (1) vide number G.S.R 222(E), dated the 8th April, 2005 and was last amended by notification No.63/2008-Customs, dated the 8 th May, 2008 was published in the Gazette of India Extraordinary, Part II, Section 3, Sub-Section (i) vide number G.S.R 346 (E), dated 8 th May, (xv)the principal notification No. 41/2005-Customs, dated the 9 th May, 2005 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide number GSR 282 (E), dated the 9 th May, 2005 and was last amended by notification No.15/2009-Customs, dated the 19 th February 2009 was published in the Gazette of India Extraordinary, Part II, Section 3, Sub-Section (i) vide number G.S.R 102 (E), dated 19 th February (xvi)the principal notification No. 89/2005-Customs, dated the 4 th October, 2005 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide number GSR 624 (E), dated the 4 th October, 2005 and was last amended by notification No.3/2009- Customs, dated the 2 nd January, 2009 was published in the Gazette of India Extraordinary, Part II, Section 3, Sub-Section (i) vide number GSR 9 (E) dated the 2 nd January, (xvii)the principal notification No. 40/2006-Customs, dated the 1 st May,2006 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide number GSR 260 (E), dated 1 st May,2006 and was last amended by notification No.125/2008-Customs, dated the 21 st November, 2008 was published in the Gazette of India Extraordinary, Part II, Section 3, Sub-Section (i) vide number GSR 816 (E) dated the 21 st November, (xviii) The Principal notification No.73/2006-Customs, dated the 10 th July, 2006 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (1) vide number G.S.R 408(E), dated the 10 th July, 2006 and was last amended by notification No.15/2009-Customs, dated the 19 th February 2009 was published in the Gazette of India

13 Extraordinary, Part II, Section 3, Sub-Section (i) vide number G.S.R 102 (E), dated 19 th February (xix) The principal notification No. 90/2006-Customs, dated the 1 st September, 2006 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide number GSR 528 (E), dated the 1 st September, 2006 and was last amended by notification No.15/2009-Customs, dated the 19 th February 2009 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide number G.S.R 102 (E), dated 19 th February (xx) The principal notification No. 91/2006-Customs, dated the 1 st September, 2006 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide number GSR 529 (E), dated the 1 st September, 2006 and was last amended by notification No.15/2009-Customs, dated the 19 th February 2009 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide number G.S.R 102 (E), dated 19 th February (xxi)the principal notification No. 14/2009-Customs, dated the 19 th February, 2009was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide number GSR 103 (E), dated the 19 th February, [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. 20 /2009-Customs New Delhi, the 24 th February, 2009 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 number G.S.R.118 (E) of the same date, namely:- In the said notification,- (1) in the preamble, in the proviso, the clause (ha) shall be omitted; (2) in the Table,- (i) against S. No. 226, for the entry in column (5), the entry 8% shall be substituted; (ii) against S. No. 228, for the entry in column (5), the entry 8% shall be substituted; (iii) against S. No. 236, for the entry in column (5), the entry 8% shall be substituted; (iv) against S. No. 237, for the entry in column (5), the entry 8% shall be substituted; (v) against S. No. 344A, for the entry in column (5), the entry 8% shall be substituted; (vi) against S. No. 399, for the entry in column (5), occurring against the corresponding entries (i), (ii), (iv) & (vi) in column (3), the entry 8% shall be substituted; (vii) against S. No. 404, for the entry in column (5), the entry 8% shall be substituted; (viii) against S. No. 433, for the entry in column (5), occurring against the corresponding entry (1) in column (3), the entry 8% shall be substituted.

14 [F. No.354/210/2008-TRU (Part)] (Unmesh Sharad Wagh) Under Secretary to Government of India Note: - The principal notification No.21/2002-Customs dated the dated the 1st March, 2002, was published in the Gazette of India, Extraordinary, vide G.S.R.118 (E), dated the 1st March, 2002 and was last amended Notification No. 13/2009-Customs, dated the 11 th February, 2009 [G.S.R. 93 (E), dated the 11 th February, 2009]. [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. 21/2009-Customs New Delhi, the 27 th February, 2009 G.S.R. (E).- Whereas, in the matter of import of Plain Medium Density Fibre Board (hereinafter referred as the subject goods), falling under heading 4411 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, China PR, Malaysia, New Zealand, Thailand and Sri Lanka (hereinafter referred to as the subject countries), the designated authority, in its preliminary findings vide notification 14/12/2007- DGAD dated the 2nd February, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2nd February, 2009, has come to the conclusion that i. the subject goods have been exported from subject countries to India at dumped prices. The dumping margins of the subject goods imported from the subject countries are substantially and de-minimis. ii. the domestic industry has suffered material injury and injury has been caused to the domestic industry both by the volume and price effect of dumped import of the subject goods originating in or exported from the subject countries; and has recommended imposition of provisional anti-dumping duty on all imports of the subject goods originating in, or exported from, the subject countries; Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rules 13 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 preliminary 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 the heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), originating in the countries 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 countries 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 which shall be equal to the amount specified in the corresponding entry in column(9), 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 (8) of the said Table. SI. Heading Description No of origin Table Producer Exporter of export Unit Amount Currency Plain Medium Density Fibre Board from 6 MM and Thailand Thailand Siam Siam Fibreboard Company Limited Fibreboard Company Limited Per US Dollar

15 2 As 3 As 4 As 5 As 6 As As As As As As Thailand Thailand Vanachai Panel Industries Co., Ltd Thailand Thailand Vanachai Group Public Company Limited Thailand Thailand M/s Metro M.D.F. Co. Ltd Thailand Thailand M/s. Metro Fiber Co. Ltd. Thailand Thailand M/s. Advance Fiber Co. Ltd Vanachai Panel Industries Co., Ltd Vanachai Group Public Company Limited M/s. Metro M.D.F. Co. Ltd. M/s. Metro Fiber Co. Ltd. M/s. Advance Fiber Co. Ltd 7 As As Thailand Thailand Any other combination other than S.No 1 to 6 8 As 9 As 10 As As As As Thailand Any other than Thailand Any other than Subject Sri Lanka Per US Dollar Per US Dollar Per Per Per Per Any Any Per Thailand Any Any Per Sri Lanka Merbok MDF Lanka (Pvt) Ltd Merbok MDF Lanka (Pvt) Ltd 11 As As Sri Lanka Sri Lanka Any other combination other than S.No As 13 As 14 As 15 As 16 As As As As As As Sri Lanka Any other than Subject Any other than Sri Lanka Sri Lanka Malaysia Malaysia Dongwha Fibreboard Sdn, Bhd. Malaysia Malaysia Robin Resources (Malaysia) Sdn Bhd Malaysia Malaysia Evergreen Fibre Berhad (EFB) US Dollar US Dollar US Dollar US Dollar US Dollar US Dollar Per US Dollar Per Any Any Per US Dollar US Dollar Any Any Per US Dollar Dongwha Fibreboard Sdn. Bhd. Robin Resources (Malaysia) Sdn Bhd Evergreen Fibre Berhad (EFB) 17 As As Malaysia Malaysia Any other combination other than S.No. 14 to 16 Per Per US Dollar US Dollar Per US Dollar Per US Dollar

16 18 As 19 As 20 As As As As Malaysia Any other than Malaysia Any other than Subject New Zealand 21 As As New Zealand 22 As 23 As 24 As 25 As 26 As As As New Zealand Any other than Subject Any Any Per US Dollar Malaysia Any Any Per New Zealand New Zealand Any other than New Zealand New Zealand Carter Holt Harvey Carter Holt Harvey Any other combination other than S.No. 20 Per Per Any Any Per US Dollar US Dollar US Dollar US Dollar Any Any Per US Dollar As China China Any Any Per As China Any other than China As Any other than Subject Any Any Per China Any Any Per US Dollar US Dollar US Dollar 2. The anti- dumping imposed under this notification shall be effective upto and inclusive of the 26 th day of August, 2009, and shall be payable 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 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. 354/39/2009-TRU] (Unmesh Sharad Wagh) Under Secretary to the Government of India. [ TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]