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Notification No. 71/2009-Customs

New Delhi, the 19th June, 2009

G.S.R. (E).- Whereas, in the matter of import of Aluminium Flat Rolled Products falling under heading 7606 and Aluminium Foils falling under heading 7607, of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Act), from People's Republic of China, the Director General (Safeguard), in its preliminary findings vide number G.S.R. 65 (E), dated the 2nd February, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 2nd February, 2009, had come to the conclusion that increased imports of Aluminium Flat Rolled Products and Aluminium Foil into India from People's Republic of China had caused and threatened to cause market disruption to domestic industry of Aluminium Flat Rolled Products and Aluminium Foils, and that this had necessitated the imposition of provisional safeguard duty on imports of Aluminium Flat Rolled Products and Aluminium Foil into India from People's Republic of China;

And whereas, on the basis of the aforesaid findings of the Director General (Safeguard), the Central Government had imposed provisional Safeguard duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 26/2009-CUSTOMS, dated the 23rd March, 2009, published in the Gazette of India vide number G.S.R. 187(E), dated the 23rd March, 2009;

And whereas, the Director General (Safeguard), in its Final findings vide number G.S.R. 369(E), dated the 29th May, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 29th May, 2009, had come to the conclusion that increased imports of Aluminium Flat Rolled Products and Aluminium Foil into India from People's Republic of China had caused and threatened to cause market disruption to domestic industry of Aluminium Flat Rolled Products and Aluminium Foil and it necessitated the imposition of definitive safeguard duty on imports of Aluminium Flat Rolled Products and Aluminium Foil into India from People's Republic of China ;

Now, therefore, in exercise of the powers conferred by sub-section (2) of section 8C of the said Act, read with rules 12 and 14 of the Customs Tariff (Transitional Product Specific Safeguard Duty) Rules, 2002, the Central Government after considering the said findings of the Director General (Safeguard), hereby imposes a safeguard duty --

(A) on Aluminium Flat Rolled Products falling under heading 7606 excluding ---

(a) Colour Coated Aluminium Coil with either PE (Polyester) Coating or PVDF (fluorine-carbon) Coating falling under CTH 7606

(b) Aluminium Composite panels,

(c) Aluminium-Manganese-Silicon based and/or Aluminium-Magnesium-Silicon based alloys, whether clad or unclad; with thickness between 0.05 mm to 3.00 mm; with post brazing yield strength greater than 45 MPA, falling under tariff heading 7606 for use in heat exchangers including radiators, charge air coolers, condensers, oil coolers, heater cores, evaporators, heat ventilation and air conditioning (HVAC) systems and parts thereof, at the rate of :--

i. 14% ad valorem, when imported from the 23rd day of March, 2009 to 22nd day March, 2010 (both days inclusive); and

ii. 12% ad valorem, when imported from the 23rd day of March, 2010 to 22nd day March, 2011 (both days inclusive);

(B) on Aluminium Foil falling under heading 7607 excluding ---

(a) Aluminium Foil of thickness less than 7 micron falling under CTH 7607

(b) “Aluminium foil of 10.5 micron with rough surface and perforated whether printed or not; to be used by beer bottling unit”

(c) Colour Coated Aluminium Coil with either PE (Polyester) Coating or PVDF (fluorine-carbon) Coating falling under CTH 7607.

(d) Etched or formed Aluminium Foils falling under CTH 7607 meant to be used in the manufacture of Electrolytic capacitors.

(e) Poly Aluminium Foil Coated with Copolymer falling under CTH 7607 to be used in the manufacture of PIJF Telecom Copper Cables or Optical Fiber Cables.

(f) Aluminium-Manganese-Silicon based and/or Aluminium-Magnesium-Silicon based alloys, whether clad or unclad; with thickness between 0.05 mm to 3.00 mm; with post brazing yield strength greater than 45 MPA, falling under tariff heading 7607 for use in heat exchangers including radiators, charge air coolers, condensers, oil coolers, heater cores, evaporators, heat ventilation and air conditioning (HVAC) systems and parts thereof.

at the rate of :--

i. 30% ad valorem, when imported from the 23rd day of March, 2009 to 22nd day March, 2010 (both days inclusive); and

ii. 25% ad valorem, when imported from the 23rd day of March, 2010 to 22nd day March, 2011 (both days inclusive);

2. The Safeguard duty imposed under this notification shall be levied with effect from the date of imposition of the provisional Safeguard duty, that is, the 23rd March, 2009.

[F.No. 354/60/2009-TRU]

(Prashant Kumar)
Under Secretary to the Government of India