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Government of India
Ministry of Commerce & Industry
Department of
Commerce
Directorate General of Foreign Trade
Udyog Bhavan
Notification No. 29/2015-2020
New Delhi, dated: 21st September, 2017
Subject: Amendment in Appendix 3 (SCOMET items) to Schedule- 2 of ITC (HS)
Classification of Export and Import Items, 2012
S.O.(E) In exercise of the powers conferred by Section 5 and Section 14A of
the Foreign Trade (Development and Regulation) Act, 1992, as amended, read with
Para 1.02 of the Foreign Trade Policy 2015-2020, the Central Government hereby
makes the following amendment, with immediate effect, in the Appendix 3 to
Schedule -2 of ITC (HS) Classifications of Export and Import Items as notified
in DGFT Notification No. 5/2015-20 dated 24th April 2017 and No. 13/2015-20
dated 28th June, 2017 : –
A. Under the heading “Items on the SCOMET List are organized in the following
categories” :
(i) Category 2: Micro-organisms, toxins:
The entry under
Category 2H shall be substituted with the following:
Genetic Elements and
Genetically-modified Organisms’
(ii) Category 7 : Electronics, computers,
and information technology including information security: The entry against
Category 7 containing sub-categories 7A, 7B, 7C, 7D and 7E and the entries
relating thereto shall be substituted with the with the following:
[Reserved]’
B. In the SCOMET Glossary after the definition of
“Microprogram” and the entry relating thereto, the following expression shall be
inserted:-
“Military use” shall mean incorporation into military items
listed in SCOMET Categories 5D or 6 or for the use, development, or production
of military items listed in these categories’.
C. For SCOMET entry “2H
Genetically Modified Organisms” and the entry “2H001”, the following shall be
substituted:-:-
‘2H Genetic Elements and Genetically-modified Organisms:
2H1001 Any genetically-modified organism which contains, or genetic element
that codes for:
(1) Gene(s) specific to virus, bacterium, fungus,
parasites or plant pathogens listed in Categories 2A, 2B, 2C, 2D and 2G and
which
a. in itself or through its transcribed or translated products
represents a significant hazard to human, animal or plant health, or
b.
could endow or enhance pathogenicity
(2) Toxin(s) or their sub-unit(s)
listed in Category 2F.
Technical note:
(1) Genetically-modified
organisms include organisms in which the nucleic acid sequences have been
created or altered by deliberate molecular manipulation.
(2) Genetic
elements include, inter alia: chromosomes, genomes, plasmids, transposons,
vectors, and inactivated organisms containing recoverable nucleic acid
fragments, whether genetically modified or unmodified, or chemically synthesized
in whole or in part. For the purposes of the genetic elements control, nucleic
acids from an inactivated organism, virus, or sample are considered recoverable
if the inactivation and preparation of the material is intended or known to
facilitate isolation, purification, amplification, detection, or identification
of nucleic acid(s).
(3) Endow or enhance pathogenicity is defined as when
the insertion or integration of the nucleic acid sequence(s) are likely to
enable or increase a recipient organism’s ability to be used to deliberately
cause disease or death. This might include alterations to (not limited to) inter
alia: virulence, transmissibility, stability, route of infection, host range,
reproducibility, ability to evade or suppress host immunity, resistance to
medical countermeasures, or detectability.’
D. In SCOMET entry
3D001(1),
the following shall be inserted after entry 3D001(1)(ii)(h):-
(iii)
Prefabricated repair assemblies and their specially designed components, that:
a. are designed for mechanical attachment to glass-lined reaction vessels or
reactors that meet the parameters above; and,
b. have metallic surfaces
that come in direct contact with the chemical(s) being processed which are made
from tantalum or tantalum alloys’.
E. Existing SCOMET entry 3D001(2)
shall be re-numbered 3D001(2)(i) and thereafter the following shall be
inserted:-
(ii) Prefabricated repair assemblies and their specially
designed components, that:
a. are designed for mechanical attachment to
glass-lined reaction vessels or reactors that meet the parameters above; and,
b. have metallic surfaces that come in direct contact with the chemical(s)
being processed which are made from tantalum or tantalum alloys ‘.
F.
SCOMET entry 3D004 shall be substituted as follows:-
3D004 Toxic gas
monitors and monitoring systems, and their dedicated detecting components as
follows: detectors; sensor devices; replaceable sensor cartridges; and dedicated
software for such equipment;
designed for continuous operation and usable
for the detection of chemical warfare agents or Category 1 chemicals at
concentrations of less than 0.3 mg/m3; or
designed for the detection of
cholinesterase-inhibiting activity.’
G. SCOMET entry 3D006 shall be
substituted as follows:-
‘3D006 Fermenters
(1) Fermenters capable
of cultivation of micro-organisms or of live cells for the production of viruses
or toxins, without the propagation of aerosols, having a total internal volume
of 20 litres or greater;
(2) Components designed for such fermenters, as
follows:-
a. cultivation chambers designed to be sterilized or
disinfected in situ;
b. cultivation chamber holding devices; or
c.
process control units capable of simultaneously monitoring and controlling two
or more fermentation system parameters (e.g. temperature, pH, nutrients,
agitation, dissolved oxygen, air flow, foam control).
Technical Note:
Fermenters include bioreactors (including single-use (disposable)
bioreactors), chemostats and continuous-flow systems. ‘
H. In SCOMET
3D014, the following shall be inserted:-
`3D014 Nucleic acid assemblers
and synthesizers, which are partly or entirely automated, and designed to
generate continuous nucleic acids greater than 1.5 kilobases in length with
error rates less than 5% in a single run.’
I. SCOMET entry 4A007 shall be
substituted as follows:-
`Vacuum or other controlled atmosphere
metallurgical melting and casting furnaces and related equipment, as follows:-
a. Arc remelt furnaces, arc melt furnaces and arc melt and casting furnaces
having both of the following characteristics:-
1. Consumable electrode
capacities between 1000 and 20000 cm3; and
2. Capable of operating with
melting temperatures above 1973 K (1700 °C);
b. Electron beam melting
furnaces, plasma atomisation furnaces and plasma melting furnaces, having both
of the following characteristics:
1. A power of 50 kW or greater; and
2. Capable of operating with melting temperatures above 1473 K (1200 °C);
c. Computer control and monitoring systems specially configured for any of
the furnaces specified in 4A007.a. or 4A007.b;
d. Plasma torches
specially designed for the furnaces specified in 4A007.b.having both of the
following characteristics:-
1. Operating at a power greater than 50kW;
and
2. Capable of operating above 1473 K (1200°C);
e. Electron
beam guns specially designed for the furnaces specified in 4A007.b.operating at
a power greater than 50kW. ‘
J. After the SCOMET entry 4A031 and the
entry relating thereto, the following entry shall be inserted :-
‘4A032
Target assemblies and components for the production of tritium as follows:-
a. Target assemblies made of or containing lithium enriched in the lithium-6
isotope specially designed for the production of tritium through irradiation,
including insertion in a nuclear reactor;
b. Components specially
designed for the target assemblies specified in 4A032.a.
Technical Note:
Components specially designed for target assemblies for the production of
tritium may include lithium pellets, tritium getters, and specially-coated
cladding.’
K. SCOMET entry 5C013 shall be substituted as follows:-
5C013
a. Radiation Hardened microcircuits usable in protecting rocket
systems, unmanned aerial vehicles and cruise missiles against nuclear effects
(e.g. electro-magnetic pulse (EMP), X-rays, combined blast and thermal effects);
b. Analogue-to-digital converters, usable in the systems specified in having
any of the following characteristics:
1. Designed to meet military
specifications for ruggedised equipment; or
2. Designed or modified for
military use and being any of the following types:
(i)
Analogue-to-digital converter “microcircuits”, which are “radiation hardened” or
have all of the following characteristics:
a. Rated for operation in the
temperature range from below -54.0 to above +125.C; and
b. Hermetically
sealed;
or
(ii) Electrical input type analogue-to-digital
converter printed circuit boards or modules, having all of the following
characteristics:
a. Rated for operation in the temperature range from
below -45.0 to above +800C; and
b. Incorporating “microcircuits”
specified in 5C013.b.2.(i)’
L. The SCOMET entry against Category 7
containing sub-categories 7A, 7B, 7C, 7D and 7E and the entries relating thereto
shall be substituted with the with the following:
`[Reserved]’
M.
SCOMET entry 8A301 b shall be substituted as follows:-
8A301 b Microwave
or millimetre wave items, as follows:-
Technical Notes
1. For
purposes of 8A301.b, the parameter peak saturated power output may also be
referred to on product data sheets as output power, saturated power output,
maximum power output, peak power output, or peak envelope power output.
2. For purposes of 8A301.b 1, ‘vacuum electronic devices’ are electronic devices
based on the interaction of an electron beam with an electromagnetic wave
propagating in a vacuum circuit or interacting with radio-frequency vacuum
cavity resonators. ‘Vacuum electronic devices’ include klystrons,
travelling-wave tubes, and their derivatives.
3. ‘Vacuum electronic
devices’ and cathodes, as follows:-
Note 1: 8A301.b 1 does not apply to
‘vacuum electronic devices’ designed or rated for operation in any frequency
bands and having all of the following:-
a. Does not exceed 31.8 GHz; and
b. Is “allocated by the ITU” for radio-communications services, but not for
radio-determination.
Note 2: 8A301.b.1 does not apply to
non-“space-qualified” ‘vacuum electronic devices’ having all of the following:
a. An average output power equal to or less than 50 W; and
b.
Designed or rated for operation in any frequency band and having all of the
following:-
c. Exceeds 31.8 GHz but does not exceed 43.5 GHz, and
d. Is “allocated by the ITU” for radio-communications services, but not for
radio determination.”
2. Effect of this Notification:–
Appendix 3 (SCOMET items) to Schedule – 2 of ITC (HS) Classification of
Export and Import Items, 2012 has been amended..
(Alok Vardha Caturvedi)
Director General of Foreign Trade
E-mail:
[email protected]
(Issued from F.No.01/91/171/73/AM10/EC)
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