Page 65 - ELT_15th May 2020_VOL 372_Part 4th

2020 ] NOTIFICATIONS N61
And Whereas, in the preliminary findings issued vide notification (Bilat-
eral Safeguard Investigation) case no. (SG) 04/2019, dated the 26th August 2019,
published in the Gazette of India, Extraordinary, Part-I, Section 1 dated the 26th
August, 2019, the designated authority came to a preliminary conclusion that
critical circumstances exist where delay in imposition of safeguard measures
would cause irreparable damage to the domestic producers and recommended
an increase in rate of duty of customs by 5 per cent, for a period of 180 days, on
imports of subject goods, originating in Malaysia and imported under India-
Malaysia Comprehensive Economic Cooperation Agreement (hereinafter
referred to as the ‘CECA’).
And Whereas, on basis of the aforesaid findings of the designated au-
thority, the Central Government imposed provisional Bilateral Safeguard Duty
on the subject goods vide notification of the Government of India in the Ministry
of Finance (Department of Revenue), No. 29/2019-Customs, dated the 4th Sep-
tember 2019, published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i), vide number G.S.R. 632(E), dated the 4th September 2019 by mak-
ing further amendments in the notification of the Government of India in the
Ministry of Finance (Department of Revenue), No. 53/2011-Customs, dated the
1st July, 2011, published in the Gazette of India, vide number G.S.R. 499(E), dated
the 1st July, 2011.
And Whereas, the designated authority in its final findings issued vide
notification (Bilateral Safeguard Investigation) case no. (SG) 04/2019, dated the
28th February 2020, published in the Gazette of India, Extraordinary, Part-I, Sec-
tion 1, dated the 28th February 2020 has noted and made the following conclu-
sions namely :-
(a) when the investigation was underway, the Government amended
the import policy of items under HS Code 1511 90 10 (Refined
Bleached Deodorised palm oil, HS Code 1511 90 20 (Refined
Bleached Deodorised Palmolein) and HS Code 1511 90 90 (others)
vide Notification No. 39/2015-2020, dated the 8th January 2010 thus
placing the subject goods under “Restricted” category.
(b) that basic customs duty under Free Trade Agreement between the
Governments of Member States of the Association of South East
Asian Nations (hereinafter referred to as the ‘ASEAN FTA’) and the
Republic of India (which includes Malaysia) and CECA has also
changed w.e.f. 1st January, 2020 and the difference between crude
palm oil and Refined Palmolein or Palm Oil is 7.5% in both these
Agreements.
(c) safeguard duty in the present agreement without similar duty un-
der ASEAN FTA would mean a futile safeguard duty, as the con-
sumers would utilise benefit under ASEAN FTA.
(d) in view of the above stated facts, it is considered that the bilateral
safeguard duty imposed vide notification no. 29/2019-customs, dat-
ed 4th September, 2019 under the CECA on the import of Refined
Bleached Deodorised Palm Oil” and “Refined Bleached Deodorised
Palmolein” for a period of 180 days from the date of imposition of
the provisional duty is sufficient in the present circumstances and it
may not be necessary to impose safeguard duty beyond the current
period of 180 days.

EXCISE LAW TIMES  15th May 2020  65