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Central Excise Rules - 9th Amendment of 1997
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Central Excise rule amendments expand input credit and export/removal provisions with tightened procedural safeguards and verification.
Amendments revise rule 57B to treat specified packing materials and containers distinctly; expand rule 57C to include additional sub rules of rule 57CC and exports under bond; extend rule 57E to cover contraventions of the Customs Act; and broaden rule 57F to permit duty free removals to FTZs, export units, technology parks, international organisations and removals under bond. Rule 57G allows credit or receipt entries on original invoices when duplicates are lost subject to officer satisfaction and time limits and requires Superintendents to verify and deface RG 23A extracts. Rule 57R limits capital goods credit to goods used exclusively in manufacture. Cross reference changes are made to rules 173Q and 209.
Land Customs Station and Routes - Amendment to Notification No. 63/94-Cus. (N.T.)
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Land Customs Station appointment: Phulbari designated for nationals of adjacent countries' vehicle cross-border trade by land.
Phulbari is appointed as a Land Customs Station for import or export where the trader is a national of an adjacent country and the movement is effected in a vehicle of that country, and where the movement is by land from or to the neighbouring territory; this appointment substitutes the prior second proviso under the governing customs statutory powers.
Sugar Imports - All Contracts to be Registered with APEDA
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Sugar import contract registration required; contracts must be registered with the designated agricultural export authority under amended ITC(HS).
All sugar import contracts are made subject to a compulsory registration requirement by amendment to the ITC(HS) Classification, specifying that all sugar import contracts shall be compulsorily registered with the designated agricultural and processed food export development authority as a binding administrative compliance condition under the Export and Import Policy framework.
Iron and steel - Amendment to Notification Nos. 214/86-C.E. and 67/95-C.E.
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Excise amendment: non-alloy steel ingots, billets and hot re-rolled products included after duty paid under section 3A.
The notifications 214/86-C.E. and 67/95-C.E. are amended by adding two entries in the Table against S.No.1 in columns (2) and (3): (v) ingots and billets of non-alloy steel classifiable under sub-headings 7206.90 and 7207.90; and (vi) hot re-rolled products of non-alloy steel classifiable under specified sub-headings including 7211.xx, 7213.90, 7214.90, 7215.90, 7216.10 and 7216.90, in each case limited to goods on which excise duty has been paid under section 3A of the Central Excise Act, 1944.
Iron and steel - Goods notified for purposes of credit of duty under Modvat
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Deemed duty credit for steel inputs permits manufacturers to claim input-duty credit against excise on final products.
Credit of deemed excise duty is allowed on specified hot re-rolled non-alloy steel inputs where duty has been paid and declared on the supplier's invoice; deemed duty is calculated as a percentage of the invoice price and may be utilised only towards excise on the final products. The benefit applies only when inputs are received directly from the input manufacturer under a duty-declaring invoice and is void if the invoice price is incorrectly declared; refunds where adjustment is impracticable are subject to safeguards, and refunds are barred if drawback or rebate has been claimed.
Iron and steel - Amendment to Notification No. 50/97-C.E.
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Excise amendment narrows exemption to hot re-rolled non-alloy steel produced in mills with limited nominal centre distance.
Amendment to Notification No. 50/97-C.E. substitutes the commencement date and replaces the Schedule entry to restrict the exemption to hot re-rolled products of non-alloy steel manufactured in hot re-rolling mills where the nominal centre distance does not exceed the prescribed limit. The Explanation is replaced to define nominal centre distance as the pinion centre distance of the pinion stand connecting the last rolling mill drive of the finishing mill, explicitly excluding any pinch roll.
Iron and steel - Amendment to Notification Nos. 47/97-C.E. and 48/97-C.E.
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Amendment to exemptions clarifies integrated and composite steel plant definitions and adds specified re-rolling mills to scope.
Amendments revise two Central Excise notifications by substituting and adding Explanations to confirm transitional coverage for goods produced before the first day of September, 1997 cleared thereafter, to redefine qualifying facilities as an integrated steel plant processing from iron ore to ingots, billets or rolled products within the same premises, and to include composite plants with induction furnace, secondary refining and continuous casting; a further insertion brings specified re-rolling mills within the exemption scope.
Hot Re-rolling Steel Mills Annual Capacity Determination (Amendment) Rules, 1997
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Annual capacity determination formula for hot re-rolling mills updated, prescribing factors and deemed values to calculate capacity.
Prescribes a formula to determine annual capacity of hot re-rolled non-alloy steel products using factors for pinion centre distance, RPM, reduction ratio, product weight per metre, a speed-dependent efficiency factor e, and utilised hours; sets deemed values for e and w by mill speed and centre distance ranges; defines high/low speed mills and nominal centre distance; and provides that if formula capacity is less than actual 1996-97 production the actual production shall be deemed the annual capacity.
Central Excise Rules - 8th Amendment of 1997
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Deemed excise duty payment permitted for specified inputs and manufacturers as full discharge subject to conditions and interest.
The amendment authorises notification of inputs deemed to have excise duty paid under section 3A and allows credit accordingly; it revises rules 96ZO and 96ZP to permit specified manufacturers to discharge duty liabilities by prescribed monthly payments treated as full and final discharge, subject to exclusions from section 3A benefits, pro rata adjustments for capacity changes, extended payment dates for September, interest on outstanding sums, and reconciliation where capacity is provisionally determined and later finalized. The preamble is retrospectively amended to invoke section 3A read with section 37.
Iron and steel - Amendment to Notification Nos. 30/97-C.E. and 31/97-C.E.
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Exemption definitions clarified: amendments define integrated and composite steel plants and include specified re rolling mills.
Revisions to two Central Excise notifications clarify that goods manufactured or produced prior to the notified cut off date but cleared on or after that date are covered; they redefine an integrated steel plant as one producing ingots, billets or rolled products beginning from iron ore within the same premises; substitute a composite plant definition to require induction furnace with secondary refining and continuous casting on the same premises; and add re rolling mills with nominal pinion centre distances of 411 millimetres and above.
Aerated waters - Rescinding of Notification No. 22/97-C.E.
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Rescission of excise notification withdraws prior excise treatment of aerated waters, effective from specified date.
The Central Government, invoking its powers under the Central Excise Act and acting in the public interest, rescinded Notification No. 22/97 Central Excise dated 29 April 1997, thereby withdrawing the prior excise notification affecting aerated waters; the rescission takes effect from 1 September 1997.
Aerated waters -Abatement from retail sale price for assessable value
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Abatement of assessable value for aerated waters: retail price reduction allowed under excise notification effective from September.
Allows a 50 per cent abatement from the retail sale price for computing the assessable value of aerated waters under the Central Excise Tariff; the Central Government exercises its power to fix this abatement and the notification takes effect on the stated commencement date, changing the valuation basis for excise assessment of the covered aerated waters.
Aerated waters -Valuation with reference to retail sale price
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Valuation by retail sale price: aerated waters specified for application of section 4A(2) valuation mechanism.
The Central Government notifies aerated waters under tariff sub-headings 2201.20 and 2202.20 as goods to which sub-section (2) of section 4A of the Central Excise Act, 1944 applies, thereby subjecting those aerated waters to valuation with reference to retail sale price; the notification takes effect on the first day of September, 1997.
Cathode-ray oscilloscopes & cathode-ray oscillographs upto 100 mhz-Import allowed freely (90302001)
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Import permission for cathode ray oscilloscopes at specified frequency now allowed freely under amended foreign trade policy.
The ITC (HS) classification was amended to permit free import of cathode ray oscilloscopes and cathode ray oscillographs up to a specified frequency, by revising the Exim item description and listing the policy as Free; imports are subject to applicable SIL or Public Notice procedures and the change is issued under powers granted by the Foreign Trade Act and the Export and Import Policy framework.
Initiation of anti-dumping investigation concerning import of Metallurgical Coke from China
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Anti-dumping investigation initiated into metallurgical coke imports from China, enabling duties if dumping and material injury are established.
An anti-dumping investigation has been initiated into imports of Metallurgical Coke from China after a domestic petition alleging dumping based on comparisons of estimated normal value (cost of production in China) and export prices. Petitioners meet standing requirements and claim the imported product is a like article. Prima facie indicators of material injury include sharply increased import volumes, lost market share, declining profits, higher inventories and reduced capacity utilisation. Known exporters/importers and other interested parties are invited to submit prescribed information within forty days; non-confidential submissions will be available in a public file and the Authority may use facts available where information is withheld.
Yarn - Amendment to Notification No. 4/97-C.E.
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Yarn tariff amendment updates excise tariff headings, modifying eligible yarn classifications and related exemption entries under central excise.
The Central Government amends Notification No. 4/97 Central Excise by substituting the column (2) entries in the Table for S. No. 115 and S. No. 116 with revised lists of tariff headings and subheadings, thereby updating the enumerated yarn and yarn product classifications that qualify under the notification's miscellaneous exemptions.
Export of Herbal formulations manufactured out of 17 more items allowed for 90 days
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Export permission for wild sourced herbal formulations temporarily authorised under prior export policy, subject to conditions and CITES.
The Notification permits, as a one time exemption, export of value added herbal formulations manufactured from seventeen specified wild sourced plant species in accordance with the Export Policy prevailing prior to 25 March 1996 for a limited period from the Notification date, subject to usual export conditions and CITES compliance.
Steam - Amendment to Notification No. 4/97-C.E.
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Excise exemption amendment replaces a specified table entry with 'Steam', modifying the miscellaneous exemption framework under central excise.
The Central Government, invoking powers under section 5A(1) of the Central Excise Act, amends Notification No. 4/97 by substituting the entry in the Table against serial number 25A, column (3), with the word Steam, thereby altering the textual description within the miscellaneous exemptions schedule.
Footwear and parts thereof - Abatement from retail sale price for assessable value
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Abatement from retail sale price permits reduced assessable value for footwear under Central Excise notification effective September.
The Central Government, exercising statutory power under the Central Excise framework, allows a 50% abatement on the retail sale price to determine the assessable value of footwear within the specified tariff heading; the allowance is effected by notification and comes into force on the first day of September following issuance.
Footwear and parts thereof - Assessment on the basis of retail sale price
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Assessment on retail sale price applies to footwear under tariff heading, bringing such goods within central excise retail valuation rules.
Footwear under heading 64.01 is specified as subject to assessment on the basis of retail sale price under sub-section (2) of section 4A of the Central Excise Act, 1944, by notification issued under sub-section (1) of section 4A, with an operative commencement date set in the notification.

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