| Policy |
2.1 |
Policy relating to general provisions regarding exports and imports
is given in Chapter-2 of FTP. |
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| Countries of Imports |
2.2 |
Unless otherwise specifically provided, import / export will be
Exports valid from / to any country. |
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Above provisions shall, however, be subject to all conditionality,
or requirement of Authorisation as required under Schedule I and
/ or Schedule II of ITC (HS). |
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| Application Fee |
2.3 |
The scale of fee, mode of payment, procedure for refund of fee
and categories of persons exempted from payment of fee are
contained in Appendix-21B. |
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| Territorial Jurisdiction |
2.4 |
Every application, unless otherwise specified, shall be submitted
of Regional to RA concerned, as indicated in Appendix-1 of HBP v1.
Authorities (RA) |
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| Filing of Application |
2.5 |
An incomplete or unauthorized application is liable to be rejected
giving specific reason for rejection. In case of manual applications,
applicant would furnish a soft copy of the application in MS word
format. |
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| Profile of Importer |
2.6 |
Each importer / exporter shall be required to file importer /
exporter
Exporter profile once with RA in ANF 1. RA shall enter such information
in database so as to dispense with need for asking information
again. In case of any change in information given in ANF 1,
importer/ exporter shall intimate same to RA. |
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| Self Addressed |
2.7 |
Applicant shall furnish a self-addressed envelope of 40 x 15 cm
Stamped Envelope with required postal stamp affixed, for all documents
required to
be sent by Speed Post. |
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| IEC No: Exempted |
2.8 |
Following categories of importers or exporters are exempted from
Categories obtaining IEC number: |
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(i) Importers covered by clause 3(1) [except sub-clauses (e)
and (l)] and exporters covered by clause 3(2) [except sub-clauses (i)
and (k)] of Foreign Trade (Exemption from application of Rules in
certain cases) Order, 1993. |
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(ii) Ministries / Departments of Central or State Government. |
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(iii) Persons importing or exporting goods for personal use not
connected with trade or manufacture or agriculture. |
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(iv) Persons importing / exporting goods from / to Nepal, Myanmar
through Indo-Myanmar border areas and China (through Gunji, Namgaya
Shipkila and Nathula ports), provided CIF value of a single consignment
does not exceed Indian Rs.25, 000. In case of Nathula port, the
applicable value ceiling will be Rs. 100,000. |
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However, exemption from obtaining IEC number shall not be applicable
for export of Special Chemicals, Organisms, Materials, Equipments and
Technologies (SCOMET) as listed in Appendix- 3, Schedule 2 of ITC (HS)
except in case of exports by category (ii) above. |
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(v) Following permanent IEC numbers shall be used by non- commercial
PSUs and categories of importers / exporters mentioned against them for
import / export purposes. |
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| S.No |
Code Number |
Categories of Importers / Exporters |
| 1 |
0100000011 |
All Ministries / Departments of Central
Government and agencies wholly or partially
owned by them. |
| 2 |
0100000029 |
All Ministries / Departments of any State
Government and agencies wholly or partially
owned by them. |
| 3 |
0100000037 |
Diplomatic personnel, Counselor officers in
India and officials of UNO and its specialised agencies. |
| 4 |
0100000045 |
Indians returning from / going abroad and
claiming benefit under Baggage Rules. |
| 5 |
0100000053 |
Persons / Institutions / Hospitals importing
or exporting goods for personnel use, not
connected with trade or manufacture or
agriculture. |
| 6 |
0100000061 |
Persons importing / exporting goods from /
to Nepal |
| 7 |
0100000070 |
Persons importing / exporting goods from /
to Myanmar through Indo-Myanmar border
areas |
| 8 |
0100000088 |
Ford Foundation |
| 9 |
0100000096 |
Importers importing goods for display or use in fairs/
exhibitions or similar events under provisions of ATA carnet.
This IEC No. can also be used by importers importing for
exhibitions/ fairs as per para 2.29 of Handbook of Procedures
Vol.I. (this para amended by
DGFT PUBLIC NOTICE NO.178(RE-2008) /2004-2009, DATED :
29th April, 2009)
[Old- Importers importing goods for display or
use in fairs / exhibitions or similar events under provisions of
ATA carnet. ] |
| 10 |
0100000100 |
Director, National Blood Group Reference Laboratory, Bombay
or their authorized offices. |
| 11 |
0100000126 |
Individuals / Charitable Institution / Registered NGOs
importing goods, which have been exempted from Customs duty
under Notification issued by Ministry of Finance for bonafide
use by victims affected by natural calamity. |
| 12 |
0100000134 |
Persons importing / exporting permissible goods as notified
from time to time, from / to China through Gunji, Namgaya
Shipkila and Nathula ports, subject to value ceilings of single
consignment as given in para 2.8 (iv) above. |
| 13 |
|
Deleted |
| 14 |
0100000151 |
Deleted (Ref.
DGFT Public Notice
No.36(RE-2008)/2004-2009, dated 01-07-2008. [Old - The Directorate of Purchase and Stores, Department of Atomic
Energy, Government of India ] |
| 15 |
0100000169 |
Non-commercial imports and exports by entities who have been
authorized by Reserve Bank of India. |
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| Application for grant of IEC number |
2.9 |
An application for grant of IEC number shall be made by Grant of IEC
Number Registered / Head Office of applicant, except EOUs and SEZ units
to concerned RA in ANF 2A with documents prescribed
therein.
The application (ANF 2 A) for issuance of fresh IEC or modification of
IEC shall indicate the name and designation of the person whose
photograph has been affixed on the Bank Certificate. A photograph of the
person alongwith his/her name and designation shall also be affixed on
the IEC No. to be issued(Appendix 18 B). (This sub para is added
by DGFT Public Notice No. 187(RE-2008)/2004-09) Dated 16th, June 2009) |
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Only one IEC would be issued / allowed against a single PAN number. |
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| IEC Format Statement |
2.9.1 |
RA concerned shall issue an IEC number in prescribed format
(Appendix-18B). A copy of such IEC number shall be endorsed
to concerned banker (as per details given in ANF 2A). |
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| Validity of IEC No. |
2.9.2 |
An IEC number allotted to an applicant shall be valid for all its
branches / divisions / units / factories |
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| Duplicate Copy IEC No. |
2.9.3 |
Where an IEC Number is lost or misplaced, issuing authority may
consider requests for grant of a duplicate copy of IEC number, on an
affidavit. |
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| Surrender of IEC |
2.9.4 |
If an IEC holder does not wish to operate allotted IEC number,
Number he may surrender same by informing issuing authority. On receipt
of such intimation, issuing authority shall immediately cancel it and
electronically transmit it to DGFT and Customs authorities. |
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2.9.5 |
Deleted |
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| Application for Import |
2.10 |
An application for grant of an Authorisation for import or export
and Export of of items mentioned as restricted in ITC (HS) may be made
to
Restricted Items RA as specified under relevant Chapters of this
Handbook. |
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| Imports under Indo-US Memorandum of Understanding |
2.11 |
Import of specified capital goods, raw materials and components,
from United States of America (USA) is subject to US Export Control
Regulations. |
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US suppliers of such items are required to obtain an export
authorisation based on import certificate issued in India. The following
are designated Import Certificate Issuing Authorities
(ICIA): |
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(i) Department of Electronics (DoE), for computer and computer based
systems; |
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(ii) Department of Industrial Policy and Promotion (DIPP), Technical
Support Wing (TSW), for organised sector units registered under it,
except for computers and computer based systems; |
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(iii) Ministry of Defence (MoD), for defence related items; |
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(iv) DGFT for small scale industries and entities not covered above
as well as on behalf of any of the above; |
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(v) Embassy of India, Washington, DC, on behalf of any of the above. |
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A request for an import certificate shall be made in ANF 2C. Import
certificate in Appendix-31 may be issued by ICIA directly to importer
with a copy to (i) Ministry of External Affairs (MEA) (AMS Section), New
Delhi, (ii) DoE, New Delhi; and (iii) DGFT. |
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However, this import certificate will not be regarded as a
substitute for an import authorisation in respect of items mentioned as
restricted in ITC (HS) and an import authorisation will have to be
obtained for such items. |
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2.11A |
In case of import of any freely importable item in India, if a
foreign Government insists on certification of end user of the item,
before permitting export of the same from their country, RA may issue
such certificates as per
Appendix 31A of HBPv1. The certificate shall be
issued based on application made under
ANF 2C-1 along with documents prescribed therein.(This Para
is added by
DGFT Public Notice No. 49(RE-2008)/2004-2009, dated
08-07-2008). |
| Validity Of Import Licence / Certificate /Authorisation /Permissions
/ CCPs / Export licence |
2.12 |
Validity of import / export Authorisation from date of issue shall
be as follows, unless specified otherwise:
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| (i) Advance Authorisation / DFIA
(including Advance Authorisation for annual requirement and
Replenishment Authorisation for Gem & Jewellery as per Chapter-
4 of FTP). |
24 months |
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| (ii) EPCG Authorisation (other than
spares) |
36 months |
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| (iii) EPCG Authorisation for Spares,
refractories, catalyst and consumables. |
Co-terminus with EOP of EPCG Authorisation |
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(iv) Others including CCP and DEPB,
unless otherwise specified |
24 months |
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(v) Advance Authorisation / DFIA for
deemed export (including Advance
Authorisation for annual requirement). |
24 months or Co-terminus with contracted
duration of project execution,
whichever is later. |
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(vi) Export Licence / Authorisation
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12 months
(However, EFC
may decide to
issue Export
Authorisation for
a longer duration
in case of R&D
studies based on
recommendation
of technical
authority) |
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Please See
DGFT PUBLIC NOTICE No 44/ (RE-2008)2004-09, dated 4-7-2008
for new Validity) |
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2.12.1 |
Where an Authorisation expires during the month, such
Authorisation shall be deemed to be valid until last day of concerned
month. |
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This proviso would be applicable even for a revalidated
Authorisation. |
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2.12.2 |
Validity of an import Authorisation is decided with reference to
date of shipment / dispatch of goods from supplying country as given in
Paragraph 9.11 A of HBP v1 and not the date of arrival of goods at an
Indian port. |
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2.12.3 |
Provisions of paragraph 2.12.1 above shall not be applicable to
DEPB, Service Providers under SFIS, VKGUYand duty credit scrips issued
under FMS and FPS, which are duty credit entitlements and must be valid
on date on which actual debit of duty is made. |
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2.12.4 |
Similarly, EOP shall be deemed to be valid until month end. |
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| Revalidation of Import / Export License /Certificate /
Authorisation |
2.13 |
RA concerned may revalidate import Authorisation on merits, for
However, Export Licence may only be revalidated by RA concerned on
recommendation of Permissions DGFT for six months at a time and maximum
up to 12 months
from date of expiry of validity. |
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2.13.1 |
However, revalidation of freely transferableAuthorisation and stock
and sale Authorisation shall not be permitted unless validity has
expired while in custody of Customs authority / RA.
Please See
DGFT PUBLIC NOTICE No 44/ (RE-2008)2004-09, dated 4-7-2008
for new Validity) |
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2.13.2 |
Such revalidation (under 2.13 and 2.13.1 above) would be permitted
under specific orders of Head of concerned Office and would be maximum
up to extent of custody period. |
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2.13.3 |
An application for revalidation (including for restricted items),
may be made to RA concerned. RA would consider such application as per
government rules / notifications. Where DGFT is concerned authority,
original application shall be submitted to RA concerned and
self-attested copy of same shall be submitted to DGFT. |
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| Duplicate Copies of Export-Import Licence / Certificate /
Authorisation / Permissions / CCPs |
2.14 |
Where an Authorisation is lost or misplaced, an application for
issue of a duplicate may be made along with an affidavit, as given in
Appendix-24, to issuing RA. RA concerned may, on merits to be recorded,
issue a duplicate after issuing an order for cancellation of original
and informing customs authority where original was registered. |
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2.15 |
Duplicate copy of freely transferable Authorisation, may be issued
against an application accompanied with following documents: |
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a. An application with fee equivalent to 10% of duty saved or duty
credit (of unutilized balance). |
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b. A copy of FIR reporting loss. |
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c. Original affidavit on notorised stamp paper. |
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d. Indemnity bond on a stamp paper undertaking to indemnify revenue
loss, which may be caused on account of issue of such duplicate. |
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2.15.1 |
When an Authorisation has been lost by a Government agency and a
proof to this effect is submitted, documents at serial nos. (a) to (d)
above shall not be required. |
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In such cases, revalidation shall be for six months from date of
endorsement. |
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2.15.2 |
RA concerned shall obtain a report regarding utilization of such
Authorisation from Custom authority at port of registration before
issuing duplicate, for balance unutilized. |
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2.15.3 |
Validity of duplicate Authorisation shall be co-terminus with
original period. No request shall be entertained if validity has
expired. |
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2.15.4 |
Deleted |
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2.15.5 |
Provision of paragraph 2.15.2 and 2.15.3 shall be applicable both
for cases covered under paragraph 2.14 and 2.15. |
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| Identity Cards |
2.16 |
To facilitate collection of Authorisation and other documents from
DGFT Head Quarters and RA, identity cards (as in Appendix
20B, valid for 3 years) may be issued to proprietor / partners /
directors and authorised employees (not more than three), of importers
and exporters, upon application as in Appendix 20A. |
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In addition, Identity Card may also be issued by the applicant firms
on their letter head to the concerned employees. These Identity Cards
may be countersigned by the concerned RA. However, application for
identity card in Appendix 20B will require to be made by the applicant
and all other parameters would need to be met. |
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However, in case of limited companies, RA may approve allotment of
more than three identity cards per company. |
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In case of loss of an identity card, a duplicate card may be issued
on the basis of an affidavit. |
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Common directors / partners, of a group company or in any other
similar cases, RA may issue multiple identity cards after recording
reasons in writing. |
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| Interviews with authorized Officers |
2.17 |
Officers may grant interview at their discretion to authorized
representative of importer / exporter. Interviews / clarifications
may also be sought through E-mails. |
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| Export of Items Reserved for SSI Sector |
2.18 |
Units other than small scale units are permitted to expand or create
new capacities in respect of items reserved for small scale sector
subject to condition that they obtain an Industrial licence under the
Industries (Development and Regulation) Act, 1951, with export
obligation as may be specified. |
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Such licensee is required to furnish a LUT to RA and DGFT in this
regard. DGFT / RA concerned shall monitor export obligation. |
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| Warehousing Facility |
2.19 |
Public / Private Customs Bonded Warehouses may be set up in
DTA as per Chapter-IX of Customs Act, 1962, to import items in terms of
paragraph 2.28 of FTP. |
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On receipt of goods, such warehouses shall keep these goods for one
year without payment of applicable customs duties. Goods can be cleared
against Bill of Entry for home consumption, on payment of applicable
custom duty and on submission of Authorisation wherever required, after
an order for clearance of such goods for home consumption is issued by
competent customs authorities. |
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In case of clearance against duty free categories / concessional
duty categories, exemption / concession from duty shall be, allowed. |
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In case of clearance against DEPB and other duty credit scrips
customs duty on imports may be adjusted. |
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Goods can be re-exported without payment of customs duty provided (i)
a shipping bill or a bill of export is presented in respect of such
goods; and (ii) order for export of such goods has been made by
competent customs authorities. |
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Execution of Bank Guarantee / Legal Undertaking for Advance
Authorisation / DFIA and EPCG Authorisation |
2.20 |
Before clearance of goods through Customs, Authorisation holder
shall execute a BG/LUT with customs authorities. In such cases, RA shall
endorse the following condition on the licence/Authorisation:
BG/LUT as applicable, to be executed with concerned Customs Authorities.
In case, the firm has already executed BG / LUT for the full value of
the licence/ certificate / authorization / permission (covering the
items indigenously procured) to the Customs and furnishes proof of the
same to Regional Authority (RA), no BG / LUT shall be required to be
executed with the RA. The RA concerned shall endorse on the
authorization that the Customs Authority shall release / redeem BG / LUT
only after receipt of NOC or EODC from the RA concerned. RA shall
endorse a copy of the same along with a forwarding letter to the Customs
Authority at the Port of registration for their information and record.
(this para is amended by
DGFT PUBLIC NOTICE No 75/ (RE-2008)2004-09, dated : 02-09-2008)
[Old -
In case of indigenous sourcing, Authorisation holder shall furnish
BG/LUT to RA as per Custom Circular No.58/2004 dated 31.10.2004, as
amended from time to time. (This para 2.20 ref. by DGFT
Public Notice No.62(RE-2008)/2004-2009, Dated : 8-08-2008.] |
| Execution of Bank Guarantee/Legal Undertaking for DEPB/Freely
transferable schemes under Chapter 3 |
2.20A |
At the time of filing application for scrip(s) under DEPB
Scheme/Freely transferable incentive Scheme under Chapter 3 of FTP
without Bank Realisation Certificate (BRC), the applicant shall execute
BG/LUT (as per Customs circular no. 58/2004) with the RA as per Appendix
25C or Appendix 25D respectively. (This para is added by
DGFT PUBLIC NOTICE No 167/ (RE-2008)2004-09, dated : 31-03-20098)
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| Corporate Guarantee |
2.20.1 |
A status holder or a PSU may also submit Corporate Guarantee
in lieu of Bank Guarantee/LUT in terms of the provisions of relevant
Customs Circular in this regard. In case of a group company, if one
company of a Group is a status holder, Corporate Guarantee may be given
for another company by this company, which is not a status holder. |
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| Certificate of Origin(CoO) |
2.21 |
Certificate of Origin (CoO) is an instrument to establish evidence
on origin of goods imported into any country. There are two categories
of CoO viz. (1) Preferential and (2) Non preferential. |
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| Preferential |
2.21.1 |
Preferential arrangement / schemes under which India is receiving
tariff preferences for its exports are Generalised System of Preferences
(GSP), Global System Of Trade Preferences (GSTP), SAARC Preferential
Trading Agreement (SAPTA), Asia-Pacific TradeAgreement (APTA), India–Sri
Lanka Free Trade Agreement
(ISLFTA) and Indo- Thailand Free Trade Agreement. These arrangements /
agreements prescribe Rules of Origin which have to be met for exports to
be eligible for tariff preference. |
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Authorised agencies shall provide services relating to issue of CoO,
including details regarding rules of origin, list of items covered by an
agreement, extent of tariff preference, verification and certification
of eligibility. Export Inspection Council (EIC) is agency authorised to
print blank certificates. Authorised agencies may charge a fee, as
approved by DoC, for services rendered. |
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| Generalized System of GSP |
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(a) GSP is a non-contractual instrument by which industrialized
Preferences (GSP) (developed) countries unilaterally and based on non-
reciprocity extend tariff concessions to developing countries. Following
countries extend tariff preferences under their GSP Scheme:
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| (i) United States |
(ii) New Zealand |
(iii) United States of America |
| (iv) European |
(v) Japan |
(vi) Russia |
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| (vii) Canada |
(viii) Norway |
(ix) Australia |
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| (x) Switzerland |
(xi) Bulgaria |
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GSP schemes of these countries detail sectors / products and tariff
lines under which benefits are available, including conditions and
procedures governing benefits. These schemes are renewed and modified
from time to time. Normally Customs of GSP offering countries require
information in Form ‘A’ (prescribed for GSP Rules Of Origin) duly filled
by exporters of beneficiary countries and certified by authorised
agencies. List of agencies authorised to issue GSP CoO is given in
Appendix-4A. |
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| Global System of Trade Preference |
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(b) Under agreement establishing GSTP, tariff concessions are
exchanged among developing countries, who have signed
(GSTP) agreement. Presently, 46 countries are members of GSTP
and India has exchanged tariff concessions with 12 countries on a
limited number of products. EIC is sole agency authorised to issue CoO
under GSTP. |
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| SAARC Preferential Trading Agreement (SAPTA) |
|
(c) SAPTA was signed by seven SAARC members namely
India, Pakistan, Nepal, Bhutan, Bangladesh, Sri Lanka
and Maldives in 1993 and came into operation in 1995.
Four rounds of trade negotiations have been completed
and more than 3000 tariff lines are under tariff concessions
among SAARC countries. List of agencies, authorised to
issue CoO under SAPTA are notified under
Appendix – 4B. |
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| Asia- Pacific Trade Agreement |
|
(d) APTA is a preferential trading arrangement designed to
liberalise and expand trade in goods progressively in
(APTA) Economic and Social Commission for Asia and Pacific
(ESCAP) region through liberalization of tariff and non-
tariff barriers. At present, Bangladesh, Sri Lanka, South
Korea, India and China are exchanging tariff concessions
under APTA. Agencies authorised to issue CoO under
APTA are listed in Appendix – 4B. |
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| India-Sri Lanka Free Trade Agreement (aIFTA) |
|
Free Trade Agreement (FTA) between India and Sri Lanka
was signed on 20.12.1998 and was operationalised in
(ISLFTA) March, 2000 following notification of required Customs
tariff concessions by Government of Sri Lanka and India.
EIC is sole agency to issue CoO under ISLFTA. |
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India Afghanistan
Preferential Trade Agreement |
|
(f) A Preferential TradeAgreement between Transitional Islamic
Preferential Trade State of Afghanistan and Republic of India was signed
on
Agreement 6.3.2003 and was operationalised with issuance of Customs
Notification No 76/2003 dated 13.5.2003. EIC is sole
agency to issue CoO under India Afghanistan Preferential
Trade Agreement |
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| Indo – Thailand Frame work Agreement for Free Trade Area. |
|
(g) India and Thailand have signed protocol to implement Early
Harvest Scheme under India- Thailand Free Trade
Free Trade Area Agreement on 01.09.2004. Tariff preferences for imports
on items of Early Harvest Scheme would be available only
to those products, which satisfy Rules of Origin Criteria,
notified by Department of Revenue, Ministry of Finance,
vide notification No.101/2004-Customs dated 31.08.2004.
EIC would be sole agency to issue CoO under Early
Harvest Scheme of Framework Agreement on India-
Thailand Free Trade Agreement. |
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| Non Preferential |
2.21.2 |
Government has also nominated certain agencies to issue Non
Preferential CoO in accordance with Article II of International
Convention Relating to Simplification of Customs formalities, 1923.
These CoOs evidence origin of goods and do not bestow any right to
preferential tariffs. List of notified agencies is provided
in Appendix – 4C. In addition, agencies authorized to issue Preferential
CoO as per Para 2.21.1 of HBP v1 are also authorized to issue
Non-Preferential CoO. |
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All exporters who are required to submit CoO (Non Preferential)
would have to apply to any of agencies enlisted in Appendix–4C with
following documents: |
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(a) Details of quantum / origin of inputs / consumables used in
export product. |
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(b) Two copies of invoices. |
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(c) Packing list in duplicate for concerned invoice. |
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(d) Fee not exceeding Rs.100 per certificate as may be prescribed by
concerned agency. |
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The agency would ensure that goods are of Indian origin as per
general principles governing rules of origin before granting CoO
(non preferential). Certificate would be issued as per Format given in
Annexure-II to Appendix–4C. It should be ensured that no
correction/re-type is made on certificate. |
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Any agency desirous of enlistment in Appendix–4C may submit their
application as per Annexure I to Appendix 4C to the concerned RA. |
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In case of tea, all exporters who are required to submit CoO
(Non-Preferential) shall apply to Tea Board or any Inspection Agency
authorized by Tea Board and enlisted in Appendix-4C of HBP v1 with
documents listed above. |
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| Automatic Licence / Certificate / Authorisation / Permission |
2.22 |
Status holders shall be issued Authorisation automatically within
stipulated time period. Deficiency, if any, informed through covering
letter, shall be required to be rectified by status holders within 10
days from date of communication of deficiency. |
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| Submission of Certified Copies of Documents |
2.23 |
Wherever original documents have been submitted to a different
RA / nominated agencies or to a different division of same RA,
applicant can furnish photocopy of documents duly certified by
him in lieu of original. |
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| Advance Payment |
2.24 |
In case, payment is received in advance and export / deemed
exports takes place subsequently, application for an Authorisation
shall be filed within specific period following the month during
which exports / deemed exports are made, unless otherwise
specified. |
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| Payment through ECGC cover |
2.25.1 |
Payment through ECGC cover would count for benefits under
ECGC cover FTP. |
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| Payment through General Insurance |
2.25.2 |
Amount of General Insurance Cover for transit loss would be
treated as payment realized for exports under various export promotion
schemes. |
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| Irrevocable Letter of Credit |
2.25.3 |
In case where applicant applies for duty credit scrip / DEPB /
Letter of Credit DFIA / discharge of EO against confirmed irrevocable
letter of credit (or bill of exchange which is unconditionally Avalised
/ Co-Accepted / Guaranteed by a bank) and this is confirmed and
certified by exporter’s bank in relevant Bank Certificate of Export and
Realization, payment of export proceeds shall be deemed to be realized.
For Status Holders, irrevocable letter of credit would suffice. |
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| Export by Post |
2.26 |
In case of export by post, exporter shall submit following documents
in lieu of documents prescribed for export by sea / air:
1) Bank Certificate of Export and Realisation as in Appendix-
22A.
2) Relevant postal receipt
3) Invoice duly attested by Customs authorities. |
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| Import/ Export through courier |
2.26.1 |
Imports / Exports through a registered courier service is permitted
through Courier as per Notification issued by DoR. However,
importability /
Service exportability of such items shall be regulated in accordance
with
FTP. |
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|
| Direct negotiation of export documents |
2.26.2 |
In cases where exporter directly negotiates document (not through
export documents authorised dealer) with permission of RBI, he is
required to submit following documents for availing of benefits under
export
promotion schemes:
a. Permission from RBI allowing direct negotiation of documents (not
required for status holders),
b. Copy of Foreign Inward Remittance Certificate (FIRC) as per Form 10-H
of Income Tax department in lieu of BRC and
c. Statement giving details of shipping bills / invoice against which
FIRC was issued.
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| Import/Export of Samples |
2.27 |
No Authorisation shall be required for Import of bonafide technical
and trade samples of items restricted in ITC(HS) except vegetable seeds,
bees and new drugs . Samples of tea not exceeding Rs.2000 (CIF) in one
consignment shall be allowed without an Authorisation by any person
connected with Tea industry. |
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Exports of bonafide trade and technical samples of freely exportable
item shall be allowed without any limit. |
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| Import under Lease Financing |
2.28 |
Import under lease financing shall be available under EPCG Scheme,
EOU / SEZ scheme. Domestic supplier of capital goods to eligible
categories of deemed exports shall be eligible for benefits of deemed
exports as in paragraph 8.3 of FTP, even in cases where supplies are
under lease financing. |
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| Exhibits Required for National and International Exhibitions |
2.29 |
Import / export of exhibits, including construction and decorative
materials required for the temporary stands of foreign / Indian
exhibitors at exhibitions, fair or similar show or display for a or
Fairs and period of six months on re-export / re-import basis, shall be
Demonstration allowed without an Authorisation on submission of a
certificate from an officer of a rank not below that of an Under
Secretary/ Deputy DGFT in DoC / DGFT or an officer of Indian Trade
Promotion Organization (ITPO) duly authorised by its Chairman in this
behalf, to effect that such exhibition, fair or similar show or display.
Extension beyond six months for re-export / re-import will be considered
by Customs authorities on merits. Consumables such as paints, printed
material, pamphlets, literature etc. pertaining to exhibits need not be
re-exported / re-import. |
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| Import Policy |
2.30 |
Policy relating to general provisions regarding import of capital
goods, raw materials, intermediates, components, consumables, spares,
parts, accessories, instruments and other goods is given in Chapter 2 of
FTP. |
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| General Procedure |
2.31 |
Wherever an import Authorisation, including CCP, is required under
for Licensing of FTP, procedure contained in this chapter shall be
applicable.
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| Restricted Goods |
2.32 |
Import of Metallic Waste and Scrap |
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2.32.1 |
Import of any form of metallic waste, scrap will be subject to the
condition that it will not contain hazardous, toxic waste, radioactive
contaminated waste / scrap containing radioactive material, any type of
arms, ammunition, mines, shells, live or used cartridge or any other
explosive material in any form either used or otherwise. |
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2.32.2 |
Import of following types of metallic waste and scrap will be free
subject to conditions detailed below : |
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|
| Sl.No. |
Exim code |
Item description |
| 1 |
720410 00 |
waste and scrap of cast iron |
| 2 |
72042190 |
Other |
| 3 |
72042920 |
Of High speed steel |
| 4 |
72042990 |
Other |
| 5 |
72043000 |
Waste and scrap of tinned iron or steel |
| 6 |
72044100 |
Turnings, shavings, chips, milling waste, saw dust,
fillings, trimmings and stampings, whether or not in bundles |
| 7 |
72044900
|
Other |
| 8 |
72045000 |
Remolding scrap ingots |
| 9 |
74040010 |
Copper Scrap |
| 10 |
74040022
|
Brass scrap |
| 11 |
75030010 |
Nickel scrap |
| 12 |
76020010 |
Aluminium scrap |
| 13 |
79020010 |
Zinc scrap |
| 14 |
80020010 |
Tin scrap |
| 15 |
81042010 |
Magnesium scrap |
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|
Shredded Form: Import of metallic waste and scrap listed above in
shredded form shall be permitted through all ports of India subject to
following conditions: -
a. Importer shall furnish the following documents to the customs at the
time of clearance of goods.
I) Pre-shipment inspection certificate as per the format in Annexure I
to Appendix 5 from any of the Inspection & Certification agencies given
in Appendix-5 to the effect that the consignment does not contain radio
active contaminated material in any form.
II) Copy of the contract between the importer and the exporter
stipulating that the consignment does not contain any radio active
contaminated material in any form.
Import from Hodaideh, Yemen and Bandar Abbasid, Iran will be in shredded
form only. (this para is amended by
DGFT PUBLIC NOTICE NO: 163 (RE: 2008)/2004-2009, Dated :
23-09-2009 ) |
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|
[ Old - Shredded form: Import of metallic waste and scrap listed in para
2.32.2 above in shredded form shall be permitted through all ports of
India. Import from Hodaideh, Yemen and Bandar Abbas, Iran will be in
shredded form only. ] |
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|
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Unshredded compressed and loose form: Import of metallic waste,
scrap listed in para 2.32.2 above in unshredded compressed and loose
form shall be subject to following conditions:-
a. Importer shall furnish the following documents to the
Customs at the time of clearance of goods:
I) Pre-shipment inspection certificate as per the format in
Annexure-I to Appendix 5 from any Inspection &
Certification agencies given in Appendix-5 to the effect
that:
i) The consignment does not contain any type of arms, ammunition, mines,
shells, cartridges, radio active contaminated or any other explosive
material in any form either used or otherwise.
ii) The imported item (s) is actually a metallic waste/
scrap/seconds/defective as per the internationally accepted parameters
for such a classification.
II) Copy of the contract between the importer and the exporter
stipulating that the consignment does not contain any type of arms,
ammunition, mines, shells, cartridges, radio active contaminated, or any
other explosive material in any form either used or otherwise.
b Import of scrap would take place only through following designated
ports and no exceptions would be allowed even in case of EOUs, SEZs:-
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1. Chennai, 2. Cochin, 3. Ennore, 4. JNPT, 5. Kandla, 6. Mormugao,
7. Mumbai, 8. New Mangalore, 9. Paradip, 10. Tuticorin, 11.
Vishakhapatnam, 12. ICD Loni (Ghaziabad), 13. Pipava, 14. Mundra, 15.
Kolkata, 16. ICD Ludhiana, 17. ICD, Dadri (Greater Noida), 18. ICD
Nagpur, 19. ICD Jodhpur, 20. ICD Jaipur, 21. ICD Udaipur, 22. CFS
Mulund, 23. ICD Kanpur, 24. ICD Ahmedabad, 25. ICD Pitampur and, 26.
ICD Malanpur”.
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c. Deleted |
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2.32.2.A |
In case any agency wishes to be enlisted under Appendix 5, they
may furnish an application to the office of Director General of Foreign
Trade with the following documents:- |
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|
(a) A brief on the activities of the agency, its history, membership,
organizational structure, manpower, etc. |
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(b) Infrastructural setup, logistics, testing labs etc. for carrying out
the inspection of metallic scrap. |
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(c) List of companies/agencies for which testing has been carried out. |
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|
2.32.3 |
However, import of other kinds of metallic waste and scrap will be
allowed in terms of conditions of ITC (HS). |
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|
2.32.4 |
Import policy for seconds and defective, rags, PET bottles /
waste,
and ships is given in ITC (HS). |
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| Import of Second hand capital goods |
2.33 |
Import of second hand capital goods including refurbished /
reconditioned spares, except those of personal computers/laptops, shall
be allowed freely, subject to conditions for following categories: |
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|
|
Import of second hand computers including personal computers/
laptops and refurbished / reconditioned spares thereof is restricted. |
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|
|
Import of refurbished / reconditioned spares of capital goods, other
than those of personal computers/laptops will be allowed on production
of a Chartered Engineer certificate that such spares have atleast 80%
residual life of original spare. |
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|
2.33.1 |
Notwithstanding provisions of Para 2.33 above, second hand computers,
laptops and computer peripherals including printer, plotter, scanner,
monitor, keyboard and storage units can be imported freely as donations
by following category of donees: |
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(i) Schools run by Central or State Government or a local body, |
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(ii) Educational Institution run on non- commercial basis by any
organization, |
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(iii) Registered Charitable Hospital, |
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(iv) Public Library, |
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(v) Public funded Research and Development Establishment, |
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(vi) Community Information Centre run by Central or State
Government or local bodies, |
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(vii) Adult Education Centre run by Central or State
Government or a local body, |
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(viii) Organization of Central or State Government or a Union
Territory. |
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Imports under this sub Para would be subject to the condition that goods
shall not be used for any commercial purpose, is non transferable and
complies with all terms and conditions of relevant Customs Rules and
Regulations. |
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|
2.33 |
A Customs or any other Central or State Government authority may avail
of services of Inspection and Certification Agencies in Appendix 5 of
the HBP v1, for certifying residual life as well as valuation / purchase
price of capital good. |
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| Import of Ammunition by Licensed Dealers |
2.34 |
Import of following types of ammunition are allowed against an
Ammunition Authorisation by licensed arms dealers subject to conditions
as
may be specified: |
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|
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(i) Shotgun Cartridges 28 bore; |
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(ii) Revolver Cartridges of .450, .455 and .45 bores; |
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(iii) Pistol Cartridges of .25, .30 Mauser, .450 and .45 bores; |
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(iv) Rifle Cartridges of 6.5 mm, .22 savage, .22 Hornet, 300 Sherwood,
32/40, .256, .275, .280, 7m/m Mauser, 7 m/ m Man Schoener, 9m/m Mauser,
9 m/m Man Schoener, 8x57, 8x57S, 9.3 m/m, 9.5 m/m, .375 Magnum, .405,
.30.06, .270, .30/30 Winch, .318, .33 Winch,.275 Mag., .350 Mag.,
400/350, .369 Purdey, .450/400, .470, .32 Win, .458 Win, .380 Rook, .220
Swift and .44 Win. bores. |
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An import Authorisation shall be issued at 5% of value of annual average
sales turnover of ammunition (whether indigenous or imported) during
preceding three licensing years subject to a minimum of Rs. 2000. |
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|
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An application for grant of an Authorisation for items listed above may
be made to RA in ANF 2B along with documents prescribed therein. |
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Restricted Items Required By Hotels, Restaurants, Travel Agents,
Tour Operators And Other
Specified Categories |
2.35 |
Items mentioned as restricted for imports in ITC (HS) required by
hotels, restaurants, travel agents and tour operators may be allowed
against an Authorisation, based on recommendation of Agents, Tour
Director General, Tourism, Government of India. |
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|
2.35.1 |
Hotels, including tourist hotels, recognised by Director General of
Tourism, Government of India or a State Government shall be entitled to
import Authorisation upto a value of 25% of foreign exchange earned by
them from foreign tourists during preceding licensing year, for import
of essential goods related to hotel and tourism industry. |
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|
2.35.2 |
Travel agents, tour operators, restaurants, and tourist transport
operators and other units for tourism, like adventure / wildlife and
convention units, recognized by Director General of Tourism, Government
of India, shall be entitled to import authorisation up to a value of 10%
of foreign exchange earned by them during preceding licensing year, for
import of essential goods which are restricted for imports related to
travel and tourism industry, including office and other equipment
required for their own professional use. |
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|
2.35.3 |
Import entitlement under paragraphs 2.35.1 and 2.35.2 of any one
licensing year can be carried forward, either in full or in part, and
added to import entitlement of two succeeding licensing years and shall
not be transferable except within the group company or to managed
hotels. |
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|
2.35.4 |
Deleted |
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|
|
2.35.5 |
Such imported goods may be transferred after 2 years with
permission of DGFT. |
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|
|
No permission for transfer will be required in case the imported goods
are re-exported. However, re-export shall be subject to all
conditionality, or requirement of licence, or permission, as may be
required under Schedule II of ITC (HS). |
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|
2.35.6 |
An application for grant of an Authorisation under paragraphs
2.35.1 and 2.35.2 may be made in ANF 2B to DGFT through
Director of Tourism, Government of India who will forward
application to RA concerned along with their recommendations. |
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|
|
| Import of Other Restricted Items |
2.36 |
ITC (HS) contains list of restricted items. An application for import
of such items may be made, in ANF 2B along with documents
prescribed therein. Original application along with Treasury Receipt
(TR) / Demand Draft shall be submitted to RA concerned and
self-attested copy of same shall be submitted to DGFT in duplicate
along with proof of submission of application to concerned RA. |
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|
|
| EXIM Facilitation |
2.37 |
Restricted item Authorisation may be granted by DGFT or any Committee
other RA authorised by him in this behalf. DGFT / RA may take assistance
and advice of a Facilitation Committee. The Assistance of technical
authorities may also be taken by seeking their comments in writing.
Facilitation Committee will consist of representatives of Technical
Authorities and Departments / Ministries concerned. |
|
2.37A |
Import authorizations for a restricted item if so directed by the
competent authority, shall be issued for import through one of the sea
ports or air ports or ICDs or LCS, as per the option indicated, in
writing, by the applicant. Authorization holder shall register the same
at the port specified in the authorization and thereafter all imports
against said authorization shall be made only through that port, unless
the authorization holder obtains permission from customs authority
concerned to import through any other specified port. (This para added
by
DGFT Public Notice No 78(RE-2008)/2004-09, Dated :
10-09-2008.) |
| Gifts of Consumer or Other Goods |
2.38 |
In terms of provisions contained in paragraph 2.19 of FTP, an
application for grant of CCP for import as gifts of items appearing as
restricted for imports in ITC (HS) shall be made to the DGFT as in ANF
2B along with documents prescribed therein. |
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|
|
Where recipient of a gift is a charitable, religious or an educational
institution registered under any law in force, and gift sought to be
imported has been exempted from payment of customs duty, such
import shall be allowed by customs authorities without a CCP. |
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|
|
| Import under Govt. |
2.39 |
Import of goods under Government to Government agreements
to Govt. Agreements may be allowed without an Authorisation or CCP on
production
of necessary evidence to satisfaction of Customs authorities
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|
|
| Import of Cheque Books / Ticket Forms etc. |
2.40 |
Indian branches of foreign banks, insurance companies and travel
agencies may import cheque books, bank draft forms and travellers
cheque forms without a CCP. Similarly, airlines / shipping companies
operating in India, including persons authorised by such airlines /
shipping companies, may import passenger ticket forms without a CCP. |
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|
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| Import of Reconditioned Aircraft Spares |
2.41 |
Import Authorisation for reconditioned / second hand aircraft / spares
is not needed on recommendation of Director General of Second Hand Civil
Aviation, Government of India (DGCA). |
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|
|
| Import of Replacement Goods |
2.42 |
Goods or parts thereof, on being imported and found defective or
otherwise unfit for use or which have been damaged after import, may be
exported without an Authorisation, and goods in replacement thereof may
be supplied free of charge by foreign suppliers or imported against a
marine insurance or marine-cum- erection insurance claim settled by an
insurance company. Such goods shall be allowed clearance by the customs
authorities without an import Authorisation provided that:
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|
|
(a) Shipment of replacement goods is made within 24 months from date of
clearance of previously imported goods through Customs or within
guarantee period in case of machines or parts thereof where such period
is more than
24 months; and |
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|
|
(b) No remittance shall be allowed except for payment of insurance and
freight charges where replacement of goods by foreign suppliers is
subject to payment of insurance and / or freight by importer and
documentary evidence to this effect is produced while making remittance. |
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|
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|
2.42.1 |
In case of short-shipment, short-landing or loss in transit, import of
replacement goods will be permitted based on certificate issued by
customs authorities without an import Authorisation. |
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|
|
This procedure shall also apply to cases in which short-shipment of
goods is certified by foreign supplier, who has agreed to replace free
of cost. |
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|
2.42.2 |
Cases not covered by above provisions will be considered on merits by
DGFT for grant of Authorisation for replacement of goods for which an
application may be made in ANF. |
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|
|
| Transfer of Imported Goods |
2.43 |
Freely importable goods can be transferred by sale or otherwise Imported
Goods by importer freely. Transfer of imported goods, which are subject
to Actual User condition and have become surplus to needs of Actual
User, shall be made only with prior permission of RA concerned.
Following information alongwith supporting documents shall be furnished
with request for grant of permission for transfer, to RA concerned:
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(i) Reasons for transfer of imported material; |
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|
(ii) Name, address, IEC number and industrial Authorisation
registration, if any, of transferee; |
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|
(iii) Description, quantity and value of goods imported and those sought
to be transferred; |
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|
(iv) Copies of import Authorisation and bills of entry relating to
imports made; |
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(v) Terms and conditions of transfer as agreed upon between buyer and
seller. |
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|
2.43.1 |
Prior permission of RAshall not, however, be necessary for transfer or
disposal of goods, which were imported with Actual User condition,
provided such goods are freely importable without Actual User condition
on date of transfer. |
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|
2.43.2 |
Prior permission of RA shall also not be required for transfer or
disposal of imported goods after a period of two years from the date of
import. However, transfer of imported firearms by the importer /
Authorisation holder shall be permitted only after 10 years of import
with approval of DGFT. |
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|
“Renowned Shooters” for 3 consecutive years are allowed to sell their
imported weapons after three years from date of import of the respective
weapon. Other “Renowned Shooters” are allowed to sell their weapons
after 5 years from the date of import. The sale shall be subject to
approval from DGFT. |
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|
| Sale of Exhibits |
2.44 |
(i) Sale of exhibits of restricted items, mentioned in ITC (HS),
imported for an international exhibition / fair organized / approved /
sponsored by ITPO may also be made, without an Authorisation within bond
period allowed for re-export, on payment of applicable customs duties,
subject to a ceiling limit of Rs.5 lakhs (CIF) for such exhibits for
each exhibitor. |
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|
However, sale of exhibits of items, which were freely imported shall be
made, without an Authorisation, within bond period allowed for re-export
on payment of applicable customs duties. |
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|
(ii) If goods brought for exhibition are not re-exported or sold within
bond period due to circumstances beyond control of importer, customs
authorities may allow extension of bond period on merits. |
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| Import of Overseas |
2.45 |
On winding up of overseas offices, set up with approval of RBI, Office
Equipment used office equipment and other items may be imported without
Authorisation. |
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|
2.46 |
Deleted |
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|
|
| Prototypes |
2.47 |
Import of new / second hand prototypes / second hand samples may be
allowed on payment of duty without an Authorisation to an Actual User
(industrial) engaged in production of or having industrial licence /
letter of intent for research in item for which prototype is sought for
product development or research, as the case may be, upon a
self-declaration to that effect, to satisfaction of customs authorities. |
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|
| Restricted items |
2.48 |
All restricted items and items permitted to be imported by STEs, for R&D
except live animals, required for R&D purpose may be imported without
anAuthorisation by Government recognized Research and Development units. |
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|
|
| Export Policy |
2.49 |
Policy relating to Exports is given in Chapter-2 of FTP. Further,
Schedule 2, Appendix-1 of ITC (HS) specifies list of items, which may be
exported without an Authorisation but subject to terms and conditions
specified. |
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|
|
| Application for Grant of Export Licence / Certificate / Permission. |
2.50 |
An application for grant of Export Authorisation in respect of items
mentioned in Schedule 2 of ITC (HS) may be made in ANF 2D (2E for SCOMET
items) to DGFT along with documents prescribed therein. EFC shall
consider applications on merits for issue of export Authorisation. |
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|
An Inter-Ministerial Working Group in DGFT shall consider
applications for export of Special Chemicals, Organisms,
Materials, Equipment and Technologies (SCOMET) as specified
in Appendix-3 to Schedule 2 of ITC (HS) based on guidelines
given below. |
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|
Applications for licences to export items or technology on
SCOMET List are considered case-by-case, based inter alia on
the following general criteria: - |
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|
I. Following factors, among others, are taken into account
in the evaluation of applications for export of items on
SCOMET List: |
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|
|
a. Credentials of end-user, credibility of declarations of end-use of
the item or technology, integrity of chain of transmission of item from
supplier to end-user, and on potential of item or technology, including
timing of its export, to contribute to end-uses that are not in
conformity with India’s national security or foreign policy goals and
objectives, objectives of global non-proliferation, or its obligations
under treaties to which it is a State party. |
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b. Assessed risk that exported items will fall into hands of terrorists,
terrorist groups, and non-State actors; |
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c. Export control measures instituted by recipient State; |
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d. The capabilities and objectives of programmes of recipient State
relating to weapons and their delivery; |
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e. Assessment of end-uses of item(s); |
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f. Applicability to an export licence application of relevant bilateral
or multilateral agreements to which India is a party. |
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II. A condition for consideration of an application for an export
licence is submission of stipulated certifications to effect, inter alia,
that: |
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a. The item will be used only for stated purpose and that such use will
not be changed, nor items modified or replicated without consent of
Government of India; |
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b. Neither the items nor replicas nor derivatives thereof will be
re-transferred without consent of Government of India; |
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c. End-user shall facilitate such verifications as are required by
Government of India. Government of India may also require additional
formal assurances, as appropriate, including on end-use and non-
retransfer, from State of recipient. |
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III. Licensing authority for items in Category 0 in Appendix 3 to
Schedule 2 of ITC(HS) is Department of Atomic Energy. Applicable
guidelines are notified by that Department under Atomic Energy Act,
1962. For certain items in Category
0, formal assurances from recipient State will include non- use in any
nuclear explosive device. Licences for export of certain items in
Category 0 will not be granted unless transfer is additionally under
adequate physical protection and is covered by appropriate International
Atomic Energy Agency (IAEA) safeguards, or any other mutually agreed
controls on transferred items. |
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IV. Additional end-use conditions may be stipulated in licences
for export of items or technology that bear possibility of diversion to
or use in development or manufacture of, or use as, systems capable of
delivery of weapons of mass destruction. |
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V. Applications for transfer of “Technology” for any item on the List
will be considered as an application for export of item itself. |
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VI. Licences for export of items in this List (other than those under
Category 0, 1 and 2) solely for purposes of display or exhibition shall
not require any end-use or end-user certifications. No export licence
for display or exhibition shall be issued for ‘Technology’ in any
category or for items under Categories 0, 1, and 2. |
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VII. Export of items not on SCOMET List may also be regulated under
provisions of the Weapons of Mass Destruction and their Delivery Systems
(Prohibition of Unlawful Activities) Act, 2005. |
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Note 1: Export or attempt to export in violation of any of conditions of
licence shall invite civil and/or criminal prosecution. |
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Note 2: Licences for export of items in this List for display or
exhibition abroad are subject to a condition of re-import within a
period not exceeding six months. Exporters are entitled to apply for an
export licence for such items exhibited abroad if exhibitor intends to
offer that item for sale during exhibition abroad. Such sale shall not
take place without a valid licence. |
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Note 3: Export of items in Category 2 of this list may also be
controlled by other applicable guidelines issued from time-to-time.
Exporters of items in this category are advised to seek guidance from
DGFT. |
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Note 4: Exporters are entitled to apply for a ‘destination licence’ for
countries and / or groupings of countries for export to which only
re-transfer conditions need be imposed. |
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Note 5: Exporters are entitled to request that only such conditions need
be imposed as are subject of government- to-government instruments of
accord over export of items on SCOMET List. |
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Note 6: ‘Technology’ (see also entry ‘Technology’ in glossary in
Appendix-3 to Schedule 2 of ITC (HS)): Approval of export of an item on
the SCOMET List also authorizes the export to same end-user of minimum
‘technology’ required for installation, operation, maintenance and
repair of the item. |
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DGFT in association with Administrative Ministries / Departments and
Trade Associations will organize Industry Outreach Programme on regular
basis for an effective awareness among the exporters /importers dealing
with trade, in particular, in SCOMET items. |
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DGFT may also issue, on application, Free Sale and Commerce Certificate
for export of items not covered under Drugs & Cosmetics Act, 1940, which
have usage in hospitals, nursing homes and clinics, for medical and
surgical purposes and are not prohibited for export. Validity of such
certificate shall be two years from date of issue unless otherwise
specified. |
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RAs may also issue, on application, Free Sale and Commerce Certificate
for export of items not covered under Drugs & Cosmetics Act, 1940, which
have usage in hospitals, nursing homes and clinics, for medical and
surgical purposes and are not prohibited for export. Validity of such
certificate shall be one year from date of issue unless otherwise
specified.
Free Sale and Commerce Certificate shall be issued as per Annexure 1 to
this Public Notice, based on application made under Appendix 39 and
Annexure A of HBP Vol. I along with documents prescribed therein. (This
Sub Para is amended by
DGFT PUBLIC NOTICE No 137/ (RE-2008)2004-09,
Dated 19-01-2009 ) |
| Export Of Items State Trading Regime (STR) |
2.51 |
An application for export of items mentioned in ITC (HS) under under
STR regime may be made to DGFT.
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| Exports Of Samples / Exhibits |
2.52 |
An application for export of samples or exhibits, which are
restricted for export, may be made to DGFT.
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| Free of Cost |
2.52.1 |
Status holders shall be entitled to export freely exportable
items Exports on free of cost basis for export promotion subject to an
annual limit of Rs.10 lakh or 2% of average annual export realisation
during preceding three licensing years whichever is higher. |
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| Gifts / Spares / Replacement Goods |
2.53 |
For export of gifts, indigenous / imported warranty spares and
replacement goods in excess of ceiling / period prescribed in paragraphs
2.32, 2.33 and 2.37 respectively of FTP, an application may be made to
DGFT. |
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| Furnishing of |
2.54 |
All exports made in non physical form by using communication
Returns in respect links including high speed data communication links,
internet,
of Exports in telephone line or any other channel which do not involve
Customs
non Physical form authorities has to be compulsorily reported on
quarterly basis to
concerned EPC (Para 3.6 of FTP) as given in Appendix 19C. |
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These provisions shall be applicable to all exporting units located
anywhere in country including those located in STP, SEZ, EHTP
and under 100% EOU scheme |
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| Duty Free Import R&D Equipment for Pharmaceuticals Bio-technology
Sector |
2.55 |
Duty free import of goods (as specified in list 28 of Customs of
notification No.21/2002 dated 1.3.2002, as amended from time to time)
upto 25% of FOB value of exports during preceding and licensing year,
shall be allowed.
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The eligible unit may furnish an application given in Appendix- 15A to
RA concerned duly countersigned by Chartered Accountant. |
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In respect of duty free import of R&D equipment, units not registered
with Central excise shall be allowed to give Installation Certificate
issued by an independent Chartered Engineer. |
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2.55.1 |
Duty free imports of goods as specified in list 28A of Customs
notification No. 21/2002 dated 1.3.2002, upto 1% of FOB value of exports
made during preceding licensing year, shall be allowed to agro chemicals
sector unit having export turnover of Rs. 20 crore or above during
preceding licensing year.
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The eligible unit shall apply in form given in Appendix-15B to RA
concerned duly countersigned by Chartered Accountant. |
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In respect of duty free import of R&D equipment, units not registered
with Central excise shall be allowed to give Installation Certificate
issued by an independent Chartered Engineer. |
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| Conversion of E.P. copy of shipping bill from one scheme to another. |
2.56 |
If Customs Authorities, after recording reasons in writing, permit
conversion of an E.P. copy of any scheme-shipping bill on which bill
from one benefit of that scheme has not been availed, exporter would be
Scheme To Another entitled to benefit under scheme in which shipment is
subsequently converted. |
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| Relocation of Industries |
2.57 |
Deleted. |
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| Offsetting of Export Proceeds |
2.58 |
Subject to specific approval of RBI, any payables, or equity investment
made by an Autorisation holder under any export promotion scheme, can be
used to offset receipts of his export proceeds. In such cases,
offsetting would be equal to realisation of export proceeds and exporter
would have to submit following
additional documents: |
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a) Appendix-22D in lieu of Bank Realisation Certificate. |
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b) Specific permission of RBI. |
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| Quality Certification |
2.59 |
It has been a constant endeavor to promote quality standards in
export product / units manufacturing export product. |
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2.59.1 |
One of salient features incorporated in FTP as per paragraph 3.5.2
Note.1 for promotion of quality standards is grant of Export / Trading
House status on achievement of a lower threshold limit for units having
ISO-9000 (series), ISO-14000 (Series) or HACCP certification or WHOGMP
or SEI CMM level-2 & above status / certification. |
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2.59.2 |
List of such agencies authorised to grant quality certification is given
in Appendix-6. |
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For ISO 9000 (Series) and for ISO 14000 (Series), the Agencies
accredited with National Accreditation Board for Certification Bodies
(NABCB) under Quality Council of India shall be deemed to be authorized
under this Policy. List of such accredited agencies is available on the
web site www.qcin.org and also provided under Appendix 6. |
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Any agency desirous of enlistment in Appendix 6 may submit their
application as per Annexure I to Appendix 6 to concerned RA. |
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2.59.3 |
Deleted. |
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2.60 |
Deleted. |
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| Procedure for import |
2.61 |
Attention is invited to Government of India, Ministry of Finance Under
the Tariff Rate (Department of Revenue), Notification No.
21/2002-Customs Quota Scheme dated 01.03 2002. As per it, import of four
items viz., (1) Skimmed and whole milk powder, milk food for babies etc.
(0402.10 or 0402.21) (2) Maize (corn): other (1005.90) (3) Crude
sunflower seed or safflower oil or fractions thereof (1512.11) and (4)
Refined rape, colza or mustard oil, other (1514.19 or 1514.99) is
allowed
in a financial year, up to quantities as well as such concessional rates
of customs duty as indicated below:
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| S.No. |
ITC Code No. & Item |
Quantity of Quota |
Concessional duty |
| 1. |
1. Tariff Code No. 0402.10 or 0402.21 Skimmed and whole Milk
Powder. Milk Food for babies etc. |
10,000 MTs |
15% |
| 2. |
Tariff Code No. 1005.90 Maize (Corn): other |
5,00,000 MTs |
15% |
| 3. |
Tariff Code No. 1512.11 Crude Sunflower seed or
safflower oil or fractions thereof |
150,000 MTs |
50% |
| 4. |
Tariff Code No. 1514.19
& 1514.99 Rape, Colza, Canola or Mustard Oil, Other (Refined) |
150,000 MTs |
45% |
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| Eligible entities for allocation of quota |
2.61.1 |
(a) Milk Powder (Tariff Code No. 0402.10 or 0402.21):National
Dairy Development Board (NDDB), State Trading Corporation (STC),
National Cooperative Dairy Federation (NCDF), National Agricultural
Cooperative Marketing Federation of India Ltd. (NAFED), Minerals and
Metals Trading Corporation (MMTC), Projects & Equipment Corporation of
India Limited (PEC) and Spices Trading Corporation Limited (STCL) |
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(b) Maize (corn)(Tariff Code No. 1005.90): National Agricultural
Cooperative Marketing Federation of India Ltd.(NAFED), State Trading
Corporation (STC), Minerals and Metals Trading Corporation (MMTC),
Projects & Equipment Corporation of India Limited(PEC), Spices Trading
Corporation Limited (STCL) and State Cooperative Marketing Federations. |
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(c) Crude sunflower seed or safflower oil or fractions thereof (Tariff
Code No. 1512.11) and Refined rape, colza, canola or mustard oil, other
(Tariff Code No. 1514.19 or 1514.99): National Dairy Development Board
(NDDB), State Trading Corporation (STC), National Agricultural
Cooperative Marketing Federation of India Ltd.(NAFED) Spices Trading
Corporation Limited (STCL) and Central Warehousing Corporation (CWC)
State Cooperative Marketing Federation & State Cooperative Civil
Supplies Corporation. |
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(d) Deleted |
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All eligible entities are eligible to avail quotas as per request of
applicants received. |
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All eligible entities desiring availment of quota as mentioned above,
may make application to EFC in ANF to DGFT, Udyog Bhavan, New Delhi –
110 011. Completed application forms along with prescribed documents
must reach on or before 1st March of each financial year preceding to
the year of quota e.g. Applications for TRQ for 2007-2008 must reach
DGFT by 01.03. 2007. |
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Imports have to be completed before 31st March of financial year i.e.
consignments must be cleared by customs authorities before this date. |
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Since import of maize (corn) is through STEs, the allottes of quota i.e.
designated agencies in para 1 (b) above for this item shall also be
granted an import Authorisation for allotted quantities as indicated at
Sl. No. 21(b) of Customs Notification No. 21/2002 dated 1.3.2002 in
terms of para 2.11 of FTP, 2004-2009, if they do not wish to make
imports through FCI. |
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Application fee for these applications shall be paid according to
procedure contained in Appendix 21 B to HBP-v1. |
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EFC in DGFT will evaluate and allot quota among applicants by 31st March
of each financial year preceding to year of quota e.g. for 2007-08, EFC
will allot quota by 31st March 2007. |
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| Issuance of scrips against lost EP copy of the Shipping Bills |
2.62 |
In case where EP copy of Shipping Bill / original BRC has been
lost, claim under VKGUY/ FMS/ FPS can be considered subject to
submission of following documents: - and / or original Bank Realisation
Certificate
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a) A duplicate /certified copy of concerned document issued by Customs
Authority / Bank in lieu of original; |
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b) An application fee equivalent to 2% of relevant entitlement. However,
no fee shall be charged when such document is lost by Government
agencies and a documentary proof to this effect is submitted; |
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c) An affidavit by exporter about loss of document and an undertaking to
surrender it immediately to concerned RA, if found subsequently. |
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d) An indemnity bond by exporter to effect that he would indemnify
Government for financial loss if any on account of duty credit issued
against lost Shipping Bills / BRC. |
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Customs Authority, before allowing clearance, shall ensure that benefit
/ duty credit against such shipping bill has not been availed. |
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2.62.1 |
Claim against lost Shipping Bill / BRC shall be preferred within a
period of six months from date of release of duplicate copy of Shipping
Bill / on date of realization of export proceeds. Any application
received thereafter shall be rejected. |
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2.63 |
Deleted |
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| Export Promotion Council (EPC), includes Commodity Boards (CB) |
2.64 |
A list and product category of EPCs, including CB is given in
Appendix-2. Commodity Boards function as EPCs for products allotted to
them. EPC is authority issuing RCMC.
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| Non-Profit, Autonomous Professional Bodies |
2.65 |
EPCs are non-profit organizations registered under Companies
and Act or Societies Registration Act. |
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2.65.1 |
EPCs shall be autonomous and shall regulate their own affairs.
However, if Central Government frames uniform bylaws for
constitution and / or for transaction of business for EPCs, they
shall adopt the same with such modifications as Central
Government may approve having regard to special nature or
functioning of such EPC. |
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Concerned Administrative Ministry would interact with Managing
Committee of EPC concerned at least twice a year. |
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2.65.2 |
Deleted |
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2.66 |
Deleted |
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| Registering Authorities issuing RCMC |
2.67 |
A status holder has option to obtain RCMC from Federation of
Indian Exporters Organization (FIEO). |
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Exporters of minor forest produce and their value added products
shall obtain RCMC from SHEFEXIL, EPC. Software exporters
shall register themselves with Electronic and Software EPC.
Exporters of 14 specific services as listed in Sl No. 34 ofAppendix-
2 of HBP v1, are required to register themselves with Services
EPC. Other service exporters shall register themselves with FIEO. |
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In respect of exporters having their head office / registered office
in State of Orissa, RCMC may be obtained from FIEO office in
Bhubaneshwar irrespective of product being exported by them.
However, exporters of minor forest produce from the State can
also obtain RCMC from SHEFEXIL, EPC. |
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2.67.1 |
In addition, an exporter has option to obtain RCMC from FIEO
or any other relevant EPC if products exported by him relate to
those EPCs. |
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2.67.2 |
If export product is such that it is not covered by any EPC, RCMC
in respect thereof may be issued by FIEO. |
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| Registration cum-membership, (RCMC) |
2.68 |
An exporter may, on application given in Appendix-19A, register
Membership Certificate and become a member of EPC. On being admitted to applicant shall be granted forthwith Registration-cum-Membership
Certificate (RCMC) of EPC concerned, in format given in
Appendix-19B. In case an exporter desires to get registration as
a manufacturer exporter, he shall furnish evidence to that effect. |
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Prospective / potential exporters may also, on application, register
and become an associate member of an EPC . |
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| Validity Period of RCMC |
2.68.1 |
RCMC shall be deemed to be valid from 1st April
of licensing
year in which it was issued and shall be valid for five years ending
31st March of licensing year, unless otherwise specified. |
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| Intimation Regarding Change In Constitution |
2.69 |
In case of change in ownership, constitution, name or address of
an exporter, it shall be obligatory on part of RCMC
holder to
intimate such change to registering authority within a period of
one month from date of such change. Registering authority,
however, may condone delays on merits. |
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| Furnishing of Returns |
2.70 |
Exporter shall furnish quarterly returns / details of his exports of
different commodities to concerned registering authority. However,
status holders shall also send quarterly returns to FIEO in format
specified by FIEO. |
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| De-Registration |
2.71 |
Registering authority may de-register an RCMC holder for a
specified period for violation of conditions of registration. Before
such de-registration, RCMC holder shall be given a show cause
notice by registering authority, and an adequate and reasonable
opportunity to make a representation against the proposed de-
registration. Upon de–registration, concerned EPC shall intimate
the same to all RAs. |
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| Appeal Against De-registration |
2.72 |
A person aggrieved by a decision of registering authority in respect
of any matter connected with issue of RCMC may prefer an
appeal to DGFT or an officer designated in this behalf within 45
days against said decision and decision of appellate authority
shall be final. |
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| Directives of DGFT |
2.73 |
DGFT may direct any registering authority to register or
de-register
an exporter or otherwise issue such other directions to them
consistent with and in order to implement provisions of FT (D&R)
Act, Rules and Orders made there under, FTP or this Handbook. |
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2.74 |
Electronic Data Interchange |
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2.74.1 |
Role and functions of EDI are defined in Para 2.45 of FTP. Basic
purpose of EDI Initiatives is to improve services for DGFT user
community, thereby achieving greater transparency of operations
and reducing transaction costs by decreasing processing time for
obtaining Authorisation from DGFT. These EDI initiatives have
made our exports competitive in international markets. |
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| Eligibility |
2.74.2 |
Facility of electronic filing of applications shall be
available to all
exporters. |
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| Procedure |
2.74.3 |
An exporter would be able to file his application on DGFT
website
at http://dgft.gov.in/. Application will then be processed in accordance with
prevalent rules and regulations. |
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Applicant will have to visit concerned office to hand-over hard copy of
application, along with requisite documents including application fee.
Authorisation shall be issued on receipt of hard copies of documents as
mentioned above, after due scrutiny as prescribed in HBP v1. |
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| Fiscal Incentives for EDI |
2.74.4 |
Following deductions in Application Fee would be
admissible for
applications signed digitally and / or where application fee is paid
electronically through EFT (electronic fund transfer) |
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| Sr. No. |
Mode of Application |
Fee Deduction (as a
% of normal application fee) |
| 1 |
Digitally signed |
25% |
| 2 |
Application fee payment
vide EFT |
25% |
| 3 |
Both digitally signed as well as use of EFT for payment of application fee. |
50% |
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| Benefits |
2.74.5 |
Facility will reduce unnecessary physical interface with DGFT.
It will enable faster processing, speedier communication of deficiencies, if
any, and on-line availability of application processing status. |
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2.74.6 |
Authorisation issued using DGFT Electronic Application System shall be
transmitted electronically to Customs through EDI Mode. This shall also obviate
need for verification ofAuthorisations before allowing clearance. |
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| New EDI Initiatives |
2.74.7 |
To further improve quality of services some new EDI
Initiatives are being taken by DGFT. |
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With effect from 1.7.2008, the electronic message exchange between Customs and
DGFT in respect of Advance Authorisation and EPCG Scheme would become
operational. |
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