Legislative and Regulatory Update
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In This Issue [No.63] September 30, 2003
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Cases
Source: Westlawinternational.com
Telecommunications Rules implementing national "do-not-call" registry violate First Amendment.
A federal district court in Colorado has ruled that Federal Trade Commission rules prohibiting commercial telemarketers from calling numbers on the national "do-not-call" registry violate First Amendment free speech protections. The rules were designed to protect privacy in the home and to protect consumers from deceptive and abusive telemarketing practices. However, because they did not apply to calls seeking charitable contributions, the rules discriminated against commercial speech. There was no evidence that unwanted calls seeking charitable contributions were less invasive than calls from commercial telemarketers, or that commercial telemarketers were more likely to use abusive or fraudulent telemarketing practices.
Mainstream Marketing Services, Inc. v. Federal Trade Commission
Pricing: Cigarette wholesalers failed to state price fixing conspiracy claim against manufacturers.
Cigarette manufacturers' conduct in following each others' price increases did not tend to exclude the possibility of independent pricing parallelism, which was to be legitimately expected in an oligopolistic market, and thus could not count as a "plus factor" needed to survive summary judgment in an action alleging a price fixing conspiracy.
Williamson Oil Co., Inc. v. Philip Morris USA
Monopolies: Payment card networks' exclusivity rules operated as unlawful restraint on trade.
The exclusivity rules of two payment card networks, which prohibited the networks' member banks from issuing competing payment cards, were an unlawful restraint on trade in violation of the Sherman Act. The rules harmed competition by reducing overall card output and available card features, decreasing network services output, and stunting price competition. This effect was evidenced by the total exclusion of two major competitors from a segment of the market for network services in the United States, contrary to foreign markets in which no exclusivity rules applied, and by testimony that the networks would respond to greater competition in the network services market by offering new and better products and services. Moreover, the rules' purported procompetitive effects did not outweigh their anticompetitive effects, inasmuch as the exclusivity rules were not necessary to accomplish the networks' goals of promoting cohesion within their networks so that they could compete effectively in the marketplace.
U.S. v. VISA U.S.A., Inc.
Renewals: Copyright renewal rights not affected by will.
The widow of a deceased song writer had rights to renewal of copyrights on the songs, together with his children. An agreement between the children and the widow, clarifying testamentary apportionment of estate assets, by which the widow allegedly surrendered her rights, did not apply, as the copyright renewal rights in question passed by statute.
Venegas-Hernandez v. Peer
Science and Technology: Court erred in identifying software as a corresponding structure in means-plus-function limitation.
With respect to patents relating to a system for planning surgical treatment using a presentation of images from multiple scanning sources, the district court correctly construed the function of the "means for converting" to be converting the acquired images into a particular selected format. However, the court erred in identifying software as a corresponding structure for the means for converting because the specification and prosecution history failed to clearly link or associate software with performance of the converting function.
Medical Instrumentation and Diagnostics Corp. v. Elekta AB
Damages: Infringement of "Tiffany" marks warranted damages of $550,000.
Trademark infringement by the proprietors of an Internet site selling counterfeit merchandise bearing a retailer's "Tiffany" trademarks warranted a statutory damages award of $550,000. The infringement allegedly included 28 separate counterfeit items infringing upon at least four of the retailer's trademarks. The infringement was found to be willful, and the scope of sales over the Internet was potentially great.
Tiffany (NJ) Inc. v. Luban
News
Appeals court of Florida has decided not to hear any more arguments on "Engle Tobacco suit", in which a record setting $145 billion verdict was passed by it, in favour of Florida smokers against the nation's largest cigarette companies. In the order, the three judges who had passed the May ruling decertified that the smokers' class denied a plaintiffs' motion for rehearing as well as a motion to certify the case to the Florida Supreme Court as an issue of great public importance.
FTC has seeked an emergency stay of federal judge's ruling that blocks the national do-not-call registry from starting next week as scheduled. Further FTC shall be appealing against the ruling of U.S. District Judge Edward Nottingham in Mainstream Marketing Services, Inc. v. Federal Trade Commission.
Hollywood producer Martin Poll and his screenwriter Larry Cohen have filed a copyright infringement suit against 20th Century Fox seeking damages amounting to $100 million. Both the producer and the screenwriter have accused the studio of stealing their idea of Victorian-era superheroes to make the film "The League of Extraordinary Gentlemen."
Approximately 250 former employees of IBM have filed health related suits in three states against the company claiming that the company knowingly subjected them to carcinogenic chemicals in their work of making hard disks. On the other hand lawyers for IBM argue that there is no evidence that the computer giant must have known that the health of the workers was being endangered by chemical exposure. IBM has asked a California judge for the dismissal of a lawsuit brought by four San Jose-based, cancer-stricken former employees one of whom has since died and is to come up for trial first.
Trials of Dennis Kozlowski, the former boss of Tyco and banker Frank Quattrone will begin on 29th Sep in Manhattan. Both the men have been charged for different crimes, Kozlowski is accused of grand larceny, Quattrone of obstruction of justice and will be watched closely by the financial community. Dennis Kozlowski is the first person to go on trial for white collar crime since the Enron scandal, as the trials of senior executives at WorldCom, Adelphia and Enron all still pending.
U.S. Supreme court has to decide whether to take up the controversial case of McKnight v. South Carolina in which fetal rights are in issue and a woman has been convicted of murder and sentenced to 12 years in prison, after her stillborn baby was tested positive for cocaine. Regina McKnight is the first woman to have ever been convicted in such a case.
New York Court of Appeal have reduced more than half $ 1.3 million libel verdict passed against The Final Call, an Islam newspaper in the case of Morsette v. The Final Call. The court held that although the paper callously doctored a photo to depict a Harlem woman as a prison inmate, it did not deliberately inflict any harm on her.
Regulations
Securities and Exchange Board of India (Stock Brokers and Sub-Brokers) (Amendment) Regulations, 2003
Notification No. SO1095(E) Dated 23.09.2003 : Amendments have been made in Regulation 11, 15, 17 and Form B in schedule 1. Regulation 15A and 18B and Form CA have been inserted.
Competition Commission of India (Oath of Office and of Secrecy for Chairperson and other Members) Rules, 2003
Notification No. GSR757(E) Dated 23.09.2003 : Central Government has issued the Competition Commission of India (Oath of Office and of Secrecy for Chairperson and other Members) Rules, 2003 to be effective from 23.09.2003.
Constitution Of National Advisory Committee on Accounting Standards
Notification No. S.O. 1073(E) Dated 18.09.2003 : Central Government has constituted an advisory committee to be called the National Advisory Committee on Accounting Standards to advise the Central Government on the formulation and laying down of accounting policies and accounting standards for adoption by companies or class of companies under the Companies Act, 1956.
Filling Of Returns Relating To Tax Deduction At Source On Computer Media
Circular No. 8/2003 Dated 18.09.2003 : Rule 37B of the income-tax Rules, 1962 has been amended to provide that where a person responsible for deducting tax under Chapter XVIIB is required to file a return or statement referred to in rule 37A on a computer media, he shall deliver or cause to be delivered the same in accordance with such scheme as may be specified by the Board. It has been further provided in rule 37B that the return or statement filed on computer media shall contain all the information required under rule 37 or rule 37A, as the case may be. The forms of TDS returns prescribed under rules 37 and 37A have also been amended and notified vide S.O.No. 878(E) and S.O.No. 877(E) dated 31.7.2003 respectively. The Board has framed and notified the 'Electronic Filing of Returns of Tax Deducted at Source, 2003", vide S.O.No. 974(E) dated 26.8.2003. With a view to ensure that the TDS returns filed on computer media conform to the required specifications, department has issued certain instructions to be adhered to.
Notification u/s 10(23C)(iv) of the Income Tax Act, 1961
Notification No. 221/2003 to No. 223/2003 Dated 16.09.2003 : The following has been notified u/s 10(23C)(iv)
"Maharashtra State Bharat Scouts and Guides, Mumbai"
"Goods Transport Labour Board, Mumbai"
"Maharana Rana Pratap Smarak Samiti, Udaipur"
Effective Handling Of Central Excise & Customs Appeals, Recommendations Of The Expert Group-Instructions Regarding
Circular No. 746/62/2003-CX Dated 22.09.2003 : In the Board's Circular No. 710/26/2003-CX dated 23rd April 2002 issued from F.No.390/198(m-2)/2002-JC, field formations were sensitized on the need to remove deficiencies and inadequacies in the manner of filing departmental Appeals. An Expert Group under the chairmanship of Shri R.K. Tiwari Chief Commissioner Customs and Central Excise (Pune Zone) was constituted to carry out an in depth study of departmental procedure in appeal matter and to find out lacunae in dealing with appeal cases at all levels. The Expert Group while submitting its report has made some valuable suggestions based on which the certain guidelines have been issued for strict compliance by the field formations.
Introduction Of New Formats Of Monthly/Quarterly Return To Be Filed By SSI/Non SSI Manufacturers, Export Oriented Units And Registered Dealers
Circular No. 747/63/2003-CX Dated 22.09.2003 : At present, the manufacturer of excisable goods registered with the Central Excise Department are required to file two returns, one return for production and clearance of manufactured goods and another for CENVAT availment. It has been decided to reduce the number of returns filed by an assessee to a single return and also introduce a simplified single page return. The said return format has been made less rigorous by substantially reducing the no. of details required to be furnished in the return. Further, in the new return, details of information about the excisable goods manufactured by an assessee is required to be furnished based on the six digits sub-heading level of Central Excise Tariff Act, 1985 and not on description of goods. This shall facilitate on line filing of returns and use of automation for collection, compilation and analysis of trade statistics.
Manikanchan Special Economic Zone at Salt Lake, Specified as Special Economic Zone
Notification No. 76/2003 NT Dated 25.09.2003 : Central Government has specified Manikanchan Special Economic Zone at Salt Lake as a "special economic zone".
Boranada Special Economic Zone at Jodhpur, Specified as Special Economic Zone
Notification No. 75/2003 NT Dated 25.09.2003 : Central Government has specified Boranada Special Economic Zone at Jodhpur, in the State of Rajasthan, as a "special economic zone".
Duty Of Excise Payable On Cotton Waste
Notification No. 74/2003 NT Dated 25.09.2003 : Central Government has directed that the duty of excise payable on the cotton waste, cleared by hundred per cent Export Oriented Undertakings and allowed to be sold in India, but for the prevailing practice in this regard, shall not be required to be paid in respect of such cotton waste on which the said duty of excise was not being levied during the period commencing 23rd July, 1996 and ending with 28th February, 1997, in accordance with the said practice.
Import Of Palm Oil/Palmolein In Refined/Crude Forms
Circular No. 85/2003 Dated 24.09.2003 : It is observed that prior to 1.8.2003 the item 'crude palm oil/palmolein' was neither defined in the tariff nor in any exemption notification. Keeping this in view, it has been decided that Bills of entry filed for home consumption prior to 1.8.2003, should be assessed on the basis of test reports of samples drawn by the Port Health Officer (PHO). If the reports mention the item as 'crude palm oil/palmolein' or as 'palm oil/palmolein which needs further processing', the report should be accepted and assessment finalized accordingly. If the test reports indicate the item as RBD palm oil/palmolein, the assessment should be finalized under sub-heading 15119010.
Marble Imports-Valuation-Finalisation Of Provisional Assessments
Circular No. 84/2003 Dated 24.09.2003 : It has been decided that the valuation of marble ,i.e , rough or raw marble blocks, rough marble slabs, polished marble blocks, should be considered on merits as per the provisions of the Customs Valuation (Determination of Price of Imported Goods) Rules, 1988. Where necessary , the data available with the Directorate of Valuation could be considered for guidance.
Anti Dumping Duty on Certain Items
Notification No. 142/2003 Dated 23.09.2003 and No. 141/2003 Dated 19.09.2003 : Anti Dumping Duty has been imposed on the following items
Sodium Hydroxide From Korea RP And ChinaPR
Copper Clad Laminates From China PR, Hong Kong, Taiwan, South Korea, Singapore, Philippines And Thailand
Fixation Of Brand Rate Of Duty Drawback Under Rules 6 And 7 Of The Customs And Central Excise Duties Drawback Rules, 1995
Circular No. 83/2003 Dated 18.09.2003 : As a measure of decentralisation and trade facilitation, the powers for fixation of brand rate and special brand rate have been delegated to the jurisdictional Commissionerates of Central Excise through the amended Duty Drawback Rules. For the convenience of the field formations and for the guidance of the trade, a comprehensive Customs Circular No.14/2003 had been issued on 6th of March, 2003. As a result, brand rates/special brand rates for duty drawback have now been fixed by the Central Excise Commissionerates on the basis of the applications filed by the exporters. Though the new system has been in place for past five months, some confusion persists in the minds of field formations as well as trade in regard to certain areas regarding which clarifications have been issued concerning
(a) Applicability of All Industry Rates of duty drawback in brand rates of duty drawback.
(b) Calculation of brand rate of duty drawback for complete buses by the field formations.
( c) Fixation and approval of brand rate of duty drawback as laid down in para 3(d)(i) of Circular No.14 /2003 vis-à-vis the provision of post-audit prescribed in para 3(d)(ix).
(d) Scope of rules 6(3) and 7(4) of the Customs and Central Excise Duties Drawback Rules, 1995.
Appointment of Commissioner of Customs (Preventive) to Act as Commissioner of Customs for Adjudication Purpose Specified
Notification No. 78/2003-N.T. Dated 22.09.2003 : The Central Board of Excise and Customs has appointed the Commissioner of Customs (Preventive), Jamnagar to act as Commissioner of Customs, Ahmedabad for the purpose of adjudicating the matters relating to Show Cause Notice pertaining to M/s. RSI Limited, 1, Bishop Lefroy Road, Calcutta issued vide F.No. VIII/10-119/COMMR/2000, dated 24th October, 2001 by the Commissioner of Customs, Ahmedabad.
Post Office (Monthly Income Account) (Second Amendment) Rules, 2003
Notification No. GSR758(E) Dated 23.09.2003 : In the Post Office (Monthly Income Account) Rules, 1987, in rule 10, for the figure and words "5 per cent", the figures and words "3.50 per cent" have been substituted.
Submission of Consolidated A1/A2 Forms
Circular No. A.P. (DIR Series) Circular No. 23 Dated 24.09.2003 : With a view to streamlining the procedure and reducing paperwork associated with payment transactions, it has been decided that software exporters and other entities required to make recurring remittances may be permitted to file consolidated A1/A2 forms giving complete details of the transactions for which the remittances are being made. These consolidated A1/A2 forms may be accepted by Authorised Dealers on a fortnightly basis from their constituents and the periodicity would be co-terminus with the periodicity of the R-Returns. Authorised Dealers may accordingly permit their constituents to exercise the option of filing these consolidated A1/A2 forms in a file format transmitted electronically online or in a floppy.
Export of Goods and Services - Payment of Claims by ECGC
Circular No. A.P. (DIR Series) Circular No.22 Dated 24.09.2003 : It has been decided that Authorised Dealers shall, on an application received from the exporter supported by a documentary evidence from the ECGC confirming that the claim in respect of the outstanding bills has been settled by them, write off the relative export bills and delete them from the XOS statement. Such write-off will not be restricted to the limit of 10 per cent indicated in paragraph C.18(b) of the circular ibid. It is clarified that the claims settled in rupees by ECGC should not be construed as export realisation in foreign exchange and claim amount should not be allowed to be credited to Exchange Earner's Foreign Currency Account maintained in terms of Regulation 4 of FEMA Notification No.FEMA 10/2000-RB dated May 3, 2000.
EEFC/RFC(D) Account - Clarification
Circular No. A.P. (DIR Series) Circular No.21 Dated 23.09.2003 : Reserve Bank has been receiving requests from the account holders seeking clarification whether the balances in the EEFC and RFC (D) Accounts mentioned above could be credited to their Non-Resident (External) Rupee Accounts (NRE) and/or Foreign Currency Non-Resident (Bank) Accounts (FCNR-B) consequent upon change of the residential status of the account holder from resident to non-resident. The matter has been examined and it is clarified that the balances in the EEFC and RFC (D) Accounts may be allowed to be credited to NRE/FCNR-B Account, at the option/request of the account holders consequent upon change of their residential status from resident to non-resident.
Opening of Foreign Currency Account in India by Project / Service Exporter for Execution of Contract Abroad
Circular No. A.P. (DIR Series) Circular No.20 Dated 23.09.2003 : Is has been clarified that a person resident in India being a project/service exporter may open, hold and maintain Foreign Currency Account with a bank outside or in India. Accordingly, the Approving Authority of the overseas contract, i.e., Authorised Dealer / Exim Bank / Working Group may approve the proposal of exporter, to open, hold and maintain Foreign Currency Account in India subject to the terms and conditions indicated in the annexure and the conditions mentioned below.
i. Exporter will have to open, hold and maintain a separate Foreign Currency Account for each project under execution abroad.
ii. Authorised Dealers shall not avail of rupee loans against the security of balances held in such accounts and no overdraft in the account shall be permitted.
iii. The balance in the account will be subject to SLR / CRR requirement as prescribed by Reserve Bank (DBOD) from time to time.
Purchase/Sale of Immovable Property by Foreign Embassies/Diplomats/Consulate Generals
Circular No. A.P. (DIR Series) Circular No.19 Dated 23.09.2003 : Reffering to Regulation 5 of Notification No.FEMA.21/2000-RB dated May 3, 2000 regarding acquisition of immovable property in India by a person resident outside India for carrying on a permitted activity, the matter has been reviewed in consultation with Government and it has been decided to allow a Foreign Embassy/Diplomat/Consulate General to purchase/sell immovable property in India other than agricultural land/plantation property/farm house provided (i) clearance from Government of India, Ministry of External Affairs is obtained for such purchase/sale, and (ii) the consideration for acquisition of immovable property in India is paid out of funds remitted from abroad through banking channel.
Foreign Currency Accounts By Non-Diplomatic Staff Of Foreign Embassies In India Holding Official Passport
Circular No. A.P. (DIR Series) Circular No.18 Dated 20.09.2003 : Reserve Bank has issued Notification No.FEMA 78/2002-RB dated November 27, 2002 (copy enclosed) amending Regulation No.4(3) of the Notification referred to above, allowing non-diplomatic staff of foreign embassies, who are the nationals of the concerned foreign countries and hold official passport, to maintain foreign currency deposit accounts. Accordingly, it will be in order for Authorised Dealers to allow diplomatic missions, diplomatic personnel and non-diplomatic staff of foreign embassies, who are the nationals of the concerned foreign countries and hold official passport, to maintain foreign currency deposit accounts.
Remittance of Salary - Relaxation
Circular No. A.P. (DIR Series) Circular No.17 Dated 20.09.2003 : It has been decided to extend the existing facility of remittance of salary available to foreign nationals to Indian nationals employed by a foreign company outside India on deputation to India. Reserve Bank has now issued a Notification No.FEMA 89/2003-RB dated April 29, 2003. Accordingly, it will be in order for a national of a foreign state, resident in India being an employee of a foreign company or a citizen of India employed by a foreign company outside India and in either cases on deputation to the office/branch/subsidiary/joint venture in India of such foreign company, to open, hold and maintain a foreign currency account with a bank outside India and receive the salary payable to him for services rendered to the office/branch/subsidiary/joint venture in India of such foreign company, by credit to such account subject to certain conditions.
Deferred Payments Protocols Dated 30th April 1981 And 23rd December 1985 Between The Government Of India
Circular No. A.P. (DIR Series) Circular No.16 Dated 20.09.2003 : Referring to AP(DIR Series) Circular No.89 dated March 28, 2003 wherein the rupee value of the special currency basket effective from March 11, 2003 was indicated, Authorised Dealers have been advised that a further change has taken place on August 15, 2003 and accordingly the rupee value of the special currency basket effective from August 19, 2003 has been fixed at Rs.55.7865.
Advance Remittance For Imports
Circular No. A.P. (DIR Series) Circular No.15 Dated 17.09.2003 : It has now been decided that Authorised Dealers may henceforth allow advance remittance for import of goods into India as under :
a. If the amount of advance remittance exceeds USD 100,000 or its equivalent, an unconditional, irrevocable standby Letter of Credit or a guarantee from international bank of repute situated outside India or a guarantee of an Authorised Dealer in India, if such guarantee is issued against the counter guarantee of an international bank of repute situated outside India, is obtained.
b. In cases where the importer (other than a Public Sector Company or a Department/Undertaking of the Government of India/State Governments) is unable to obtain bank guarantee from overseas suppliers and the Authorised Dealer is satisfied about the track record and bonafides of the importer, the requirement of the bank guarantee/ standby Letter of Credit may not be insisted upon for advance remittances upto USD 1,000,000 (US dollar one million). Authorised Dealers may frame their own internal guidelines to deal with such cases and the decision to waive requirement of bank guarantee should be taken by the Bank's Board of Directors.
c. In the case of a Public Sector Company or a Department/Undertaking of Central/State Governments the requirement of bank guarantee has been specifically waived by the Ministry of Finance, Government of India for advance remittances exceeding USD100,000 (USD one hundred thousand).
Entry of Banks Into Insurance Business
Notification No. DBOD.No.FSC.BC.27 /24.01.018/2003-2004 Dated 22.09.2003 : Circular DBOD.No.FSC.BC/16/24.01.018/2000-2001 dated August 9, 2000, permitted banks to set up insurance joint ventures on risk participation basis and also to undertake insurance business as agents of insurance companies on fee basis, without any risk participation by banks and their subsidiaries. With effect from October 29, 2002, banks have also been allowed to undertake referral business through their network of branches. However, before entering into insurance business, banks are required to obtain prior approval of the Insurance Regulatory and Development Authority (IRDA) and Reserve Bank of India. Referring to the same, it has now been decided that banks need not obtain prior approval of the RBI for engaging in insurance agency business or referral arrangement without any risk participation, subject to certain conditions.
Amendments to Residuary Non-Banking Companies (Reserve Bank) Directions, 1987
Notification No. DNBS.176/CGM(OPA)-2003 Dated 19.09.2003 : In paragraph 5, paragraph 5A has been added, namely -
"5A On and from September 19, 2003, no residuary non-banking company shall invite or accept or renew repatriable deposits from Non-Resident Indians in terms of Notification No.FEMA.5/2000-RB dated May 03, 2000 under Non-Resident (External) Account Scheme at a rate exceeding the rate specified by the Reserve Bank of India for such deposits with scheduled commercial banks.
Explanation
The period of above deposits shall be not less than one year and not more than three years."
Interest Rate On NRE Deposits
Notification No. DNBS. (PD). CC. No. 31 /02.01/2003-04 Dated 19.09.2003 : It has been decided that, keeping in view the prevailing interest rates on fresh repatriable deposits accepted from non resident Indians in the entire financial system, the rate of interest which the RNBCs can pay on such deposits should also be the same as is payable by the scheduled commercial banks on these deposits. Scheduled commercial banks can pay interest on these deposits contracted in India for one to three years from the close of business on September 15, 2003 shall not exceed 100 basis points above the LIBOR/SWAP rates for US dollar of the corresponding maturity on fresh rapatriable NRE deposits. These instructions would also be applicable to such deposits renewed hereafter.
Overseas Corporate Entities Owned By NRIs Are On Par With Foreign Investors : RBI Clarifies
Press Release No. 2003-2004/385 Dated 18.09.2003 : It may be recalled that the Reserve Bank of India, on September 16, 2003 had, in consultation with the Government of India derecognised overseas corporate bodies (OCBs) in India as an eligible class of investor under various rules and schemes available for foreign investment. The Reserve Bank has clarified that derecognition of OCBs as a separate category of investor meant withdrawal of special facilities made available to OCBs and that entities owned by NRIs would continue to enjoy all the facilities available to other foreign investors.
Exemption From Registration Procedure For Import Of All Types Of Approved And Unapproved Drugs Under The Advance Licensing Scheme
Circular No. 15(RE-03)/2002-2007 Dated 17.09.2003 : Clarifications have been issued regarding exemption from Registration Procedure For Import Of All Types Of Approved And Unapproved Drugs Under The Advance Licensing Scheme.
The following notifications were issued regarding anti dumping investigations
Notification No. 14/49/2002-DGAD Dated 17.09.2003 Anti-dumping Investigations Concerning Import of Butter Oil from New Zealand
Notification No. 17/1/2001-DGAD Dated 12.09.2003 Anti-Dumping Investigations, Concerning Imports of Methylene Chloride Originating in or Exported from European Union, South Africa and Singapore--Final Findings--Corrigendum
Notification No. 14/52/2002/DGAD Dated 12.09.2003 Anti-Dumping Investigations Concerning Imports of Methylene Chloride Originating in or Exported from Korea RP--Preliminary Findings --Corrigendum
Notification No. 14/16/2003-DGAD Dated 10.09.2003 Initiation of Anti-dumping Investigations Concerning Imports of Melamine Originating in or Exported from China PR
Proposal for Amending the Order No. SO 2077 dated 4th August, 1997
Order No. SO1037(E) Dated 09.09.2003 : Central Government has formulated certain proposals for amending Order No. SO 2077 dated 4th August, 1997, of the erstwhile Ministry of Commerce, Government of India, relating to Egg Products for the development of export trade of India and has forwarded the same to the Export Inspection Council as required by sub-rule (2) of rule 11 of the Export (Quality Control and Inspection) Rules, 1964. Now, therefore, in pursuance of the said sub-rule, the Central Government has published the said draft proposals for the information of the public likely to be affected thereby.
Proposal for Amending the Order No. S.O. 276(E) Dated 4th March, 2002
Order No. SO1036(E) Dated 09.09.2003 : Central Government has formulated certain proposals for amending the Order No. SO 276 (E) dated 4th March, 2002, of the Ministry of Commerce and Industry, Government of India, relating to honey in the manner specified, for the development of export trade of India and has forwarded the same to the Export Inspection Council as required by sub-rule (2) of rule 11 of the Export (Quality Control and Inspection) Rules, 1964. Now, therefore, in pursuance of the said sub-rule, the Central Government has published the said draft proposals for the information of the public likely to be affected thereby;
Export of Fresh, Frozen and Processed Fish and Fishery Products (Quality Control and Inspection and Monitoring) (Third Amendment) Rules, 2003
Notification No. SO1034(E) Dated 09.09.2003 : In rule 2,
(a) after sub-rule 2.20, the following sub-rule has been inserted, namely :--
'2.21. "Director" means, the Director of Inspection and Quality Control appointed by the Central Government under Section 4 of the Export (Quality Control and Inspection) Act, 1963;'
(b) after sub-rule 12.2, the following sub-rule has been inserted, namely :--
"12.3. The Director may take the assistance of Marine Products Export Development Authority (MPEDA) or any other suitable organisation for residue monitoring,"
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