WORLD TRADE
ORGANIZATIONG/SG/N/10/IND/5
13 August 1999
(99-3440)
Committee on Safeguards Original:  English
NOTIFICATION PURSUANT TO ARTICLE 12.1(C)
OF THE AGREEMENT ON SAFEGUARDS
INDIA
The following communication, dated 12 August 1999, has been received from the Permanent
Mission of India.
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Please refer to our communication dated 14 June 1999, enclosing therewith a copy of the
Notification dated 12 May 1999 containing the final findings of the Director General (Safeguards)
regarding the safeguard investigation concerning imports of "Phenol" into India, which have since
been notified to Members under Article 12.1(b) of the Agreement on Safeguards.
Please find, attached, the final orders imposing safeguard duties on the imports of "Phenol"
into India (No. 82/99-CUSTOMS dated 30 June 1999).G/SG/N/10/IND/5
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TO BE PUBLISHED IN PART II, SECTION 3, SUB-SECTION (i) OF THE GAZETTE OF
INDIA EXTRAORDINARY,  DATED THE 30TH JUNE 1999
9 ASADHA, 1921 SAKA
Government of India
Ministry of Finance
Department of Revenue
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New Delhi, the 30th June 1999
9 Asadah, 1921 Saka
NOTIFICATION
NO. 82/99-CUSTOMS
1. G.S.R.  (E) – In exercise of the powers conferred by sub-section (1) of section 8B of the
Customs Tariff Act 1975 (51 of 1975), read with rules 12 and 14 of the Customs Tariff (Identification
and Assessment of Safeguard Duty) Rules, 1997, and based upon the final findings of the Director
General (Safeguards) dated 12 May 1999, published in the Gazette of India, Extraordinary, Part II,Section 3, Sub-section (i) dated 11 June 1999 vide No. G.S.R. 430(E), that increased imports of
Phenol into India have threatened to cause serious injury to the domestic producers of Phenol and it
would be in the public interest to impose safe guard duty for a period of two years on imports of
Phenol into India, the Central Government after considering the above-mentioned findings of the
Director General (Safeguards), hereby imposes on Phenol, falling under sub-heading number 2907.11of the First Schedule to the said Customs Tariff Act, when imported into India, a safeguard duty at the
rate of –
(a) 22 per cent, when imported up to and inclusive of 29 February 2000, and
(b) 15 per cent, when imported from 1 March 2000 to 29 June 2001 (both days inclusive)
2. Nothing contained in this notification shall apply to imports made –
(a) under an advance licence, subject to the condition that the exempt article shall not be
disposed of or utilized in any manner except for utilization in discharge of export
obligation, or for replenishment of article so utilized and the article so replenished
shall not be sold or transferred to any other person;
(b) from countries notified as developing countries under clause (a) of sub-section (6) of
section 8B of the said Customs Tariff Act, other than South Africa.
Explanation  – In this notification, "Advance Licence" means, -
(i) Quantity Based Advance Licence issued in terms of paragraph 50 of the Export
and Import Policy 1 April 1992-31 March 1997 published vide public notice of
the Government of India in the Mini stry of Commerce No. 1-ITC(PN)/92-97,
dated 31 March 1992, as amended from time to time, and endorsed with non-
transferable and actual user condition;  or
(ii) Quantity Based Advance Licence issued in terms of paragraph 7.4 of the
Export and Import policy 1 April 1997-31 March 2002 published vide
notification of the Government of India in the Ministry of Commerce
No. 1/1997-2002, dated 31 March 1997, as amended from time to time;  orG/SG/N/10/IND/5
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(iii) Annual Advance Licence issued in terms of paragraph 7.4A of the Export and
Import policy 1 April 1997-31 March 2002 published vide notification of the
Government of India in the Mini stry of Commerce No. 1/1997-2002, dated
31 March 1997, as amended from time to time.
      Srinivas Tata (signed)
Under Secretary to the Government of India
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