JK Batra appointed DG, Safeguards and DG, Specific Safeguard What is the difference?
TIOL-DDT 560
27.02.2007
Tuesday
Have a look at these two notifications.
1. In exercise of the powers conferred by sub-rule (1) of Rule 3 of the Customs Tariff (Transitional Product Specific Safeguard Duty) Rules, 2002, and in supersession of notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 81/2005-Customs (N.T) issued vide G.S.R.No. 599(E) dated the 20 th September, 2005, the Central Government hereby appoints Shri J.K. Batra, Chief Commissioner of Customs, as the Director General (Specific Safeguard) for the purposes of the said rules.
2. In exercise of the powers conferred by sub-rule (1) of Rule 3 of the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997, and in supersession of notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 80/2005-Customs (N.T) issued vide G.S.R. No. 598(E) dated the 20 th September, 2005, the Central Government hereby appoints Shri J.K. Batra, Chief Commissioner of Customs, as the Director General (Safeguard) for the purposes of the said Rules.
Do you find any difference in the notifications? My editorial colleague asked me what the difference was. Couldn’t let go of DDT without answering that!.
If you look closely, you will find that the first notification is issued under the Customs Tariff (Transitional Product Specific Safeguard Duty) Rules, 2002, while the second one is issued under the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997. And the first notification appoints Mr. Batra as Director General (Specific Safeguard) while the second notification appoints him as Director General (Safeguard).
Now what is the difference between safeguard and specific safeguard? Doesn’t safeguard include specific safeguard?
What is the mystery?
Section 8B of the Customs Tariff Act gives the Government the power to impose a safeguard duty and it is under this section that the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997 have been framed.
Notwithstanding any thing said in Section 8B, as per Section 8C, if the Central government after conducting such enquiry as it deems fit, is satisfied that any article is imported into India, from the people’s Republic of China, in such condition so as to cause or threatening to cause market disruption to domestic industry, then it may, by notification in the official Gazette, impose a safeguard duty on that article. And this is the specific China safeguard duty and it is under this Section that Customs Tariff (Transitional Product Specific Safeguard Duty) Rules, 2002 have been issued.
Duties of the DG
Under Safeguard | Under specific Safeguard |
to investigate the existence of “serious injury” or “threat of serious injury” to domestic industry as a consequence of increased import of an article into India | to investigate the existence of “market disruption” or “threat of market disruption” to domestic industry as a consequence of increased import of an article into India; |
to identify the article liable for safeguard duty | to identify the article liable for safeguard duty under section 8C of the Act; |
to submit his findings, provisional or otherwise to the Central Government as to the “serious injury” or “threat of serious injury” to domestic industry consequent upon increased import of an article from the specified country | to submit his findings, provisional or otherwise to the Central Government as to the existence of “market disruption” or “threat of market disruption” to the domestic industry consequent upon increased import of an article from the People’s Republic of China; |
to recommend, 1. the amount of duty which if levied would be adequate to remove the injury or threat of injury to the domestic industry; 2. the duration of levy of safeguard duty and where the period so recommended is more than a year, to recommend progressive liberalisation adequate to facilitate positive adjustment | to recommend, 1. the amount of duty which if levied would be adequate to remove the “market disruption” or “threat of market disruption” to the domestic industry; 2. the duration of levy of safeguard duty under section 8C of the Act; |
to review the need for continuance of safeguard duty. | to review the need for continuance of such safeguard duty. |
NOTIFICATION NO. 16 and 17/2007-Cus., (N.T.) Dated: February 22, 2007
Singapore exemption – changes in tariff heading
In the Singapore exemption Notification No. 75/2005–Customs, dated the 22nd July, 2005, for the following headings are changed.
Sl. No | Existing entry | Changed entry |
1611 | 8443 59 20 | 8443 19 10 |
1612 | 8443 59 30 | 8443 19 20 |
1613 | 8443 59 41 | 8443 19 30 |
But Why? And what are the implications? Nothing! As you are aware, the tariff headings have undergone a major change from 1.1.2007 and these are the consequential changes required which are being slowly done. Can’t really blame any one. This notification No. 75/2005 has 2413 entries in the table. Who can really keep track of all the changes in notifications like these? And there are many such notifications. The poor boys in the Board really have a tough time.
NOTIFICATION NO. 17/ 2007-Cus., Dated: February 22, 2007
Similar changes for Education Cess exemption
Notification No. 69/2004-Customs, dated the 9th July, 2004, exempts a large number of goods from education cess and now some amendments are made in the tariff headings in tune with the changes effective from 1.1.2007.
NOTIFICATION NO. 18/ 2007-Cus., Dated: February 22, 2007
Ink Cartridges, duty free and ketamine to have 12,5% preferential area duty – Customs Tariff amended
The Government has amended the First Schedule to the Customs Tariff Act to
1. prescribe 12.5% preferential area duty for Ketamine under 3003 90 36 and 3004 90 96.
2. to prescribe free duty rate for Ink cartridges, with print head assembly, Ink spray nozzle and other Parts and accessories of goods of sub- headings 8443 31, 8443 32
NOTIFICATION NO. 15/2007-Cus., (N.T.), Dated: February 22, 2007
Exchange rates announced for imported goods and export goods
Notification Nos. 18/2007 and 19/2006-Cus., (N.T.), Dated: February 23, 2007 fix the exchange rates for imports and exports respectively with effect from 1st March 2007. Notifications 1 and 2/2007-NT-Customs, dated the 24th January, 2007 are superseded
Be with us for the budget
Tomorrow is Budget and be with us for the best incisive analyses by real experts in the field.
Until Tomorrow with more DDT
Have a nice day.
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