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Instructions for filing new applications and amendment in Trade Notice No-1 dated 2.4.2002
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DEPB application filing: transitional acceptance of pre-updated forms while software is updated, other applications follow new procedures.
Applicants must submit new-form applications in Appendix 10-C and additional documentation should be requested only for deficient applications; non-DEPB cases will follow the policy and procedures effective from 01.04.2002. DEPB applications remain on pre-01.04.2002 forms and procedures because the DEPB software has not been updated to capture required data elements; this transitional practice continues until the software is modified. Pending Advance Licence annual requirement applications may be converted into Advance Licences without requesting T.R., subject to any additional information needed to process them.
Amendments/ Corrections in the Schedule of DEPB Rates
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DEPB rate amendments update entitlement and packaging conditions for exports under the Export Import Policy guidelines.
Corrections to the DEPB schedule fix Leather (Code 64) DEPB rates at 8.00 for gents shoe and boot uppers (including CKD/SKD) and Textiles (Code 89) processed cotton madeups at 8.00, with Textiles notes amended to define a one piece female garment and to include embroidered/metallised yarn items where a value cap applies. Miscellaneous (Code 90) S.No.22 now specifies packaging based DEPB entitlements: 2.00 for plastic/paper packaging, 1.00 for other packaging, and 3.00 for agro consumer packs 1 kg with labelling, subject to a non application clause if the DEPB rate exceeds three percent. General Instruction 1(h) is corrected to cover exports under Exim Policy paras 2.35 and 2.36.
Regarding changes made in the provisions related to DEPB Scheme in the new Export Import Policy, 2002-2007 particularly to Para 4.43 of Handbook of Procedures
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DEPB scheme amendment: FOB-to-rupee conversion and revised application rules require separate filings for different policy periods.
DEPB entitlement calculation now requires conversion of FOB export value into Indian rupees using the export exchange rate notified by the Ministry of Finance applicable on the Customs order of "Let Export". A revised, mandatory application form is prescribed for DEPB claims. Because many DEPB serial numbers and rates changed under the new policy, exporters must submit separate applications for exports under the earlier policy period and the new policy period to reflect differing serial numbers/rates and to avoid processing problems.
Technical Characteristics under DFRC
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Technical specification declarations required for specified inputs; exporter must state characteristics and DFRC must record them.
Exporters must declare technical characteristics, quality and specification for listed input items in the shipping bill, and the licensing authority must record those technical characteristics, quality and specification in the Duty Free Replenishment Certificate when issuing DFRCs for specified categories including Engineering/Electronics, Chemical and Allied Products, Plastics, Textiles and Miscellaneous. The amendment to paragraph 4.31 is effective from 1 April 2002.
Diamond Imprest Licence for cut and polished diamonds
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Diamond Imprest Licence: requires minimum value addition, execution of legal undertaking, non-transferable actual user imports and caratage accounting.
Diamond Imprest Licence permits specified imports of cut and related diamonds subject to banker declarations, documentary requirements and execution of a two year Legal Undertaking. Licence holders must effect a minimum 10% value addition, account imports and exports in caratage, import stones not exceeding one quarter carat, and comply with actual user and non transferability conditions; entitlements must be exhausted within the issuing year. Extensions and regularisation of defaults are subject to prescribed penalties and conditions, and transitional rules govern pre existing licences.
Notification of the Schedule of DEPB Rates
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DEPB rate notification: Schedule of DEPB rates notified to take effect from first April under export-import policy.
Notification under the Export and Import Policy framework announces the DEPB rates for specified items in the annexed "Schedule of DEPB Rates" and declares the schedule to come into force from 1 April 2002, establishing the operative regulatory instrument for calculation and implementation of DEPB benefits.
Condition on import of textile and textile articles
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Import condition for textile articles: exemptions for customs bonded and export-use imports, but testing required if released for home consumption.
Imports of textile and textile articles intended exclusively for export production are exempt from the general import condition when imported by units operating under customs-bonded arrangements or under the specified Exim Policy provision; however, the testing requirement applies if any consignment using the imported textile material is released for home consumption.
Notification of the Handbook (Vol 1)
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Notification of Handbook of Procedures brings procedural rules under the Export and Import Policy into operative effect for trade compliance.
Notification under the Export and Import Policy publishes the Handbook of Procedures (Vol.1) as a regulatory instrument; the Director General of Foreign Trade issues the Public Notice under delegated authority and specifies that the Handbook takes effect from the commencement date indicated, making it an operative administrative directive for exporters and importers to follow the Policy's procedural framework.
Fixation and modification of input output norms
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Input-output norms modification updates SIONs, adding and revising chemical and engineering input allowances for exports.
The DGFT, under Paragraph 4.11 of the Export and Import Policy 1997-2002, amends the Handbook of Procedures, Vol.2 by revising the Statement of Standard Input Output Norms: deleting numerous footnotes, altering export/import item descriptions, substituting and quantifying input items, adding A2835-A2975 chemical entries and C1765-C1767 engineering entries, shifting certain norms between product groups, and standardizing per unit input allowances and alternative input provisions for compliance with export entitlement calculations.
Guidelines for import of Rough Marble Blocks/Slabs
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Import licensing for rough marble blocks and slabs restricts imports to eligible users with floor pricing and reporting requirements.
Import licences for crude or roughly trimmed marble, rough blocks and slabs are restricted to eligible domestic manufacturers/processors with prior imports, specified hotels and reputable religious trusts on relevant ministry recommendations; licences must bear a floor price, be limited annually to fifty percent of prior-year CIF imports, be subject to an actual user condition, require monthly import returns to the regional licensing authority, and be applied for in the prescribed form with supporting documents under the Handbook of Procedures.
Notification of new Agri Export Zones
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Agri Export Zones notification adds specified district-level zones for targeted agricultural products under export policy framework.
Notification adds designated Agri Export Zones to Handbook (Vol I) by inserting entries in Appendix 59 under authority of Paragraph 4.11 of the Export and Import Policy 1997-2002. The Director General of Foreign Trade specifies product-based zones and enumerates the constituent states and district/block/mandal areas for each zone (including zones for mangoes, pineapple, apples, potatoes, onion, garlic and various vegetables), and states the addition is issued in the public interest.
Port restrictions of import of natural rubber
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Port restrictions on natural rubber clarified: SEZ imports exempted while other duty exemption schemes are excluded.
Imports of natural rubber by units in Special Economic Zones are exempt from the port restrictions in the referenced notification, while imports under other duty exemption schemes, including EOU/EPZ, are not permitted; only SEZ imports may avail the exemption.
Non production of proof of realisation in DEPB
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Proof of realisation format mandated for DEPBs; file-wise submissions required and closure letters issued after BRCs recorded.
Exporters must submit proof of realisation for DEPBs in the amended Bank Certificate of Exports proforma; submissions in any other format after 15th March 2002 will not be accepted. Proof must be filed file-wise without clubbing BRCs from multiple files, and exporters must take call dates for submissions. The office will issue a letter of closure for each file after taking BRCs on record; files remain pending until that closure letter is issued.
Non production of logged DEEC books-reg
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DEEC book logging: exporters must submit proof and correspondence to seek abeyance; claims alone are insufficient.
Exporters must provide detailed proof of DEEC submission and any correspondence with Customs to the Export Facilitation Cell in duplicate when seeking abeyance of a Refusal Memo; abeyance is not available on mere assertion of pending DEEC logging and is granted case-by-case by the Zonal Joint Director General of Foreign Trade.
Fixation and modification of input output norms
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Input-output norms modification updates SIONs and adds sectoral input schedules, conditional allowances and accountability rules.
The DGFT Public Notice amends the Handbook of Procedures, Vol. II by revising, adding and deleting Standard Input Output Norms. It substitutes detailed componentised norms, inserts new SION entries across Chemicals, Engineering, Food and Textile groups, corrects descriptions and trade names, and prescribes conditional allowances (paint as percentage of FOB, fuel under authorised use) and accountability requirements for net-to-net import of components.
Application for certification of Export Performance of units in the pharma and biotechnology sectors by the RLA's as per Customs Not 10/2002
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Duty free R&D import entitlement for pharma and biotech units upon regional certification of export performance and R&D registration.
Permits duty free import entitlement for pharma and biotechnology units for R&D up to one percent of the preceding year's FOB exports where the unit's R&D wing is registered with the competent scientific authority and export thresholds are met. Regional Licensing Authorities may issue certification on formal application with prescribed appendices; applicants must submit a declaration that imports are solely for R&D, will be installed within six months, not transferred or sold for seven years, and a chartered accountant's certificate. The Regional Office verifies records and issues the certificate subject to notification conditions and penal consequences for false information.
Placement of quantity of raw sugar from the freesale Quota for export
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Sole agency authorisation for sugar exports to designated market: pre shipment certificate removed while GSP certification procedures remain.
The procedure for issuance of the GSP Certificate and any other certification requirements specifically prescribed for export of sugar shall continue to be followed; the condition requiring a pre-shipment certificate by the Export Inspection Council is deleted, and the Indian Sugar Exim Corporation Ltd. is authorised as the sole agency to export raw sugar from the freesale quota to the designated market.
Placement of quantity of sugar from the freesale quota of 2001-2002 season for export
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Export allocation of sugar quota placed for Maldives under trade agreement and vested with Indian Sugar Exim Corporation.
A quantity of 10,000 MTs of sugar from the freesale portion of the 2001-2002 season is allocated for export to Maldives under Articles VIII and IX of the Trade Agreement and placed at the disposal of Indian Sugar Exim Corporation Ltd., pursuant to Paragraph 4.25 of the Handbook of Procedure Vol. I and with the approval of the Director General of Foreign Trade.
Port restrictions of import of natural rubber
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Port restrictions on natural rubber: SEZ imports exempted while duty-exemption schemes otherwise remain barred.
Port restrictions on imports of natural rubber do not apply to units in Special Economic Zones, but imports of natural rubber are not permitted under any duty-exemption schemes except for SEZ units; EOU and EPZ imports remain disallowed.
Applicability of Policy Circular No. 23 dated 22.10.1997 to all VABALs Issued from 01.04.1992 onwards
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Misdeclaration procedure for licence valuations applies to all VABALs issued from April 1992 onward under policy circular.
Policy Circular No.23 dated 22.10.1997 prescribes procedures for suspected misdeclaration of value in licence applications and is clarified to apply to all VABALs issued from 01.04.1992 onwards; port office queries prompted a policy review which confirmed that the Circular's procedural framework governs suspected valuation misdeclaration for VABALs issued on or after 1 April 1992.

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