White cement excluded from canalised cement imports under the policy entry and control orders.

White cement was treated as outside Appendix 5 Part B Serial No. 8 of the Import and Export Policy for April 1984-March 1985 because the policy entry had to be read with the relevant control orders governing canalised cement imports. The Imported Cement Control Order, 1978 and the Cement Control Order, 1967 both expressly excluded white cement from the definition of cement, and the commercial distinction between ordinary cement and white cement supported that reading. On that basis, white cement was not a canalised item and remained outside the State Trading Corporation import channel.

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Issues: Whether white cement fell within Appendix 5 Part B Serial No. 8 of the Import and Export Policy for April 1984-March 1985 as a canalised item importable only through the State Trading Corporation, or whether it remained importable under Open General Licence.

Analysis: Appendix 5 Part B Serial No. 8 referred not only to cement but also to the connected policy of the Government in the Ministry of Industry governing import through the State Trading Corporation. The Imported Cement Control Order, 1978, which operated in that field, expressly excluded white cement from the definition of cement. The Cement Control Order, 1967 also excluded white cement, and the press note and commercial distinction between ordinary cement and white cement supported the same understanding. Reading the policy entry with the relevant control order, white cement could not be treated as a canalised item within the entry.

Conclusion: White cement was not covered by Appendix 5 Part B Serial No. 8 and was not canalised for import through the State Trading Corporation.

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