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Circulars
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Amendments in the Handbook of Procedures (Vol. I)
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DEPB entitlement for DTA-to-SEZ supplies clarified - application routes, verification, and documentary requirements specified.
Claims for DEPB credit on DTA-to-SEZ supplies may be made by the DTA unit or the SEZ unit; the DTA unit may claim via the Licensing Authority or the Development Commissioner, and the Licensing Authority must endorse permitted benefits to the Development Commissioner. Development Commissioners must check the supplier against the Denied Entity List before granting DEPB. Applications on the Ayaat Niryaat form must include fee payment evidence, SEZ customs bill of exports, invoice showing FOR value and DEPB entitlement, bank certificate of realization (Appendix 22B), and, if the SEZ unit claims, a disclaimer from the DTA supplier authorising the SEZ claim.
Additions in the Appendix 5 of the Handbook of Procedures (Vol.1)
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Appendix amendments add two listed inspection agents and correct a container freight station entry in trade handbook.
The Director General of Foreign Trade inserts Humber Inspection International Limited and Interglobe Marine Consultants into Appendix 5 of the Handbook of Procedures (Vol. I) with their business names and contact particulars, and corrects Sl. No. 22 in paragraph 2.32(i)(b) to read as CFS Mulund under powers conferred by paragraph 2.4 of the Foreign Trade Policy, 2004-09.
Amendments/additions/deletions/corrections in the SION
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Standard Input-Output Norms amended updating SION entries and adding chemical, engineering and miscellaneous input norms in trade procedure.
Amendment of the Standard Input Output Norms (SION) to the Handbook of Procedures, Vol.2, 2004-2009 through Public Notice No.32/2005: the Notice makes targeted amendments, deletions, corrections and additions to SION entries under powers in the Foreign Trade Policy and Handbook of Procedures, revising chemical, engineering, textile, plastic and miscellaneous product norms by adjusting import-item descriptions and quantities, inserting new entries, deleting obsolete norms, and adding footnotes and alternative-input provisions for incorporation into the Handbook.
TRADE NOTICE NO. 03/2006, DATE 05/07/2005 - Minimize the scope of deficiencies in the applications (Withdrawn)
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Withdrawal of Trade Notice rescinds limitation on application deficiency scope, restoring prior application requirements.
Trade Notice No. 05/2006 dated 21 July 2005 withdraws Trade Notice No. 3/06 dated 5 July 2005, which had aimed to minimize the scope of deficiencies in applications; the withdrawal is effective immediately and restores prior treatment of application deficiencies.
Amendments in Paragraph 4A.2.1 in the Handbook of Procedures (Vol.1)
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Minimum value addition for jewellery exports revised, with specified category-based thresholds and carriage heading amended.
The export scheme for jewellery requires value addition to be calculated per paragraph 4A.6 of the Foreign Trade Policy and prescribes minimum average value addition per consignment for specified categories: studded jewellery, plain jewellery (with a rule where stone/studding per-gram value exceeds metal), fully mechanized jewellery, medallions and non-legal-tender coins, and mechanized findings and mountings. The amendments also replace the heading of paragraph 4A.18(a)(ii) with "Personal carriage of gems & jewellery for export promotion tours" and delete the words "or import of plain/studded jewellery" from paragraph 4A.28.
Amendments in the Handbook of Procedures (Vol.1)
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Duty Free Credit Entitlement applications to be processed manually; no e filing concession for related application fees.
The Handbook of Procedures (Vol. I) is amended to exempt Duty Free Credit Entitlement certificates for Status Holders and Target Plus Scheme applications from the general fee note by inserting an exception into the Scale of Application Fees and the fee appendix. These applications will be processed manually with no ECOM access and no fee concession. The Target Plus Scheme applicant requirements in the Aayaat Niryaat Form are revised to require a bank receipt/demand draft evidencing fee payment under the fee appendix and a self certified copy of a valid RCMC.
Amendments and additions in the Handbook of Procedures (Vol.1)
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Export controls on SCOMET items require case-by-case licences with end-use and non-retransfer assurances to prevent diversion.
An Inter-Ministerial Working Group in DGFT will consider licences for export of SCOMET items case-by-case using criteria including end-user credentials, end-use declarations, chain of transmission, risk of diversion to non-state actors, recipient State controls and programmes, end-use assessments, and applicability of bilateral or multilateral agreements. Export licence consideration requires certifications on exclusive declared use, prohibition on modification or re-transfer without Government of India consent, and facilitation of verifications; transfer of "Technology" is treated as export of the item.
Amendments in the Handbook of Procedures (Vol.1)
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Handbook amendment removes balance sheet requirement for Star Export House applications and adds agencies authorised to issue Certificates of Origin.
Amendment deletes the requirement that Star Export House Certification applicants submit a self certified copy of the balance sheet filed with income tax authorities, and adds specified trade associations in Maharashtra and Uttar Pradesh/Uttaranchal to the list of agencies authorised to issue non preferential Certificates of Origin, thereby updating the Handbook of Procedures under the Foreign Trade Policy.
DFCE for Status Holders (2003-04) under EXIM Policy, clarification regarding
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Supplier growth declaration permitted; auditors may rely on supplier statements to certify DFCE eligibility for supplies.
For certification of Sr. No. 11 of the CA certificate under Appendix 17D, CAs/CS/ICWAs may rely on a declaration from the non-status supplier that it has achieved the requisite growth in direct export turnover, enabling supplies by that supplier to a status holder to be treated as eligible for DFCE benefits where the growth test applies.
Clarification regarding Para 5.1 of the Foreign Trade Policy
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Import restriction on second hand capital goods: Indian origin second hand items not permitted under the EPCG scheme.
The circular clarifies that although Para 5.1 permits import of second hand capital goods without age restrictions under the EPCG scheme, second hand capital goods of Indian origin are expressly not permitted to be imported under the EPCG scheme.
Amendment in Schedule 2 of the Book Titled " ITC(HS) Classifications of export and Import Items, 2004-2009
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Export licensing for sandalwood requires DGFT-issued licences, procurement and physical verification documentation, and prescribed export conditions.
A quantity of 1600 MT of specified sandalwood classes is allocated for export within four years and exports are permitted only against an Export Licence issued by the DGFT on the Exim Facilitation Committee's decision, valid for one year without revalidation. Applicants must submit the Aayaat Niryaat form with an export order/irrevocable LC, original Legal Procurement Certificate issued by the Principal Chief Conservator of Forests evidencing purchase at State auctions, and a Certificate of Physical Verification from the DCF/DFO referencing the transit permit and inspection of unexported materials; licences may be subject to quantitative ceilings, minimum export price and size/weight limits.
Additions in the Appendix 5 of the Handbook of Procedures (Vol.1)
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Addition to appendix of Handbook of Procedures adds inspection agency listing and contact details by DGFT.
The Director General of Foreign Trade, exercising powers under paragraph 2.4 of the Foreign Trade Policy, 2004-09, adds World Wide Inspection Services (Sarl) to Appendix 5 of the Handbook of Procedures, supplying the agency's Dakar address, telephone, fax and email contact information; the addition is published as Public Notice No. 26/2005 and issued in the public interest with an administrative file reference.
Notification of Appendix 37A relating to Vishesh Krishi Upaj Yojana
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Vishesh Krishi Upaj Yojana eligibility clarified by re notification of appendix and removal of 'Others' exclusion, enabling online filings.
Re notification of Appendix 37A amends the Handbook of Procedures to specify items eligible for export benefits under the Vishesh Krishi Upaj Yojana, reissuing a detailed schedule and Minor Forest Produce list, and deletes the note that excluded items described as 'Others' at the eight digit ITC(HS) level; the measure is issued to facilitate online filing of applications for export incentives.
DFCE for Status holders & Target Plus Scheme.
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DFCE application filing to zonal office enables committee consideration for Status holders under the Target Plus Scheme.
Applications for DFCE by Status holders under the Target Plus Scheme must be filed directly to the Chennai Zonal Office with all prescribed enclosures for consideration by the designated Committee, following the procedures in the referenced public notices; the notice also records administrative approval and directs circulation to regional offices and councils.
Attention of Trade is invited to the PN No.17/2005, DT. 07/06/2005 which has amended Para 4.7 of HBP (Vol.I) 2004-09
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Advance licence issuance based on self-declaration, but commodity exclusions and biotech NOC requirements govern eligibility.
The licensing authority may issue Advance licences based on applicant self-declaration and an undertaking when SION are not fixed, except for specified excluded imports (certain oils and oilseeds, cereals, high-duty spices and fruits/vegetables, pepper other than Light Black Pepper, and animal organs). Applications for perfumes, perfumery compounds and feed ingredients containing vitamins must use the alternative application route; biotechnology-related exports or imports require a No Objection Certificate from the Department of Biotechnology and the prescribed annexed declaration must be submitted.
In order to minimize the scope of deficiencies in the applications to be filed and therefore to reduce the delay in processing the applications, the exporters are requested to follow the guidelines given herein and submit their applications accordingly
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Eligibility documentation for export incentive schemes: streamlined checklist and certification requirements to expedite processing.
Guidance prescribes documentary and certification requirements for DFCE (2003-04) and Target Plus applications: duly signed Appendix 17 D with authorization evidence, banker certified statements of exports and realization, CA/CS/ICWA certificates with registration details, status holder and RCMC copies, group company disclosures where relevant, and Annexure 2 format for eligible exports and realization; Target Plus applications must follow DFCE submissions to permit base year turnover comparison, applications filed manually, and Zonal Committee/Export Facilitation Cell serve as points for hearings and clarifications.
Reimbursement of education cess paid on excise duty/terminal excise duty in case of supplies made under deemed exports
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Education cess reimbursement on excise duty eligible for drawback or terminal excise refund for deemed exports.
Reimbursement of education cess paid with excise duty or terminal excise duty is permitted for supplies treated as deemed exports made on or after 18.01.2005; reimbursement may be obtained through duty drawback or terminal excise duty refund mechanisms, subject to fulfillment of all eligibility conditions, documentary requirements and other provisions applicable to deemed exports under the Foreign Trade Policy.
Conversion of loan of precious metals taken from the nominated agencies into outright purchase
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Conversion of loaned precious metals into outright purchase permitted within export period, subject to payment of interest and policy compliance.
Conversion of loaned gold, silver or platinum obtained from nominated agencies into outright purchase is permitted within the original stipulated export period for EOU/SEZ units and is conditional upon payment of interest up to conversion; after conversion normal EOU/SEZ policy governs utilization of the precious metals and export of jewellery unless otherwise specified.
Import of Crude Edible Oils against export of refined edible oils under Para 4.7 of Handbook of Procedures
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Advance licence import of crude edible oils allowed against export of refined edible oils subject to prior export condition.
Advance licences under Para 4.7 may be issued for import of crude edible oils against export of refined edible oils with a prior export condition, and must carry a no-import endorsement that can be deleted only after an export obligation discharge certificate is issued; ALC fixation of norms procedure applies.
Registration procedure that is being followed for import of all types of approved and unapproved drugs under the Advance Licensing Scheme
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Import source compliance: unregistered raw materials cannot be regularized if export obligation is not fulfilled; re-export or alternate export required.
Advance Licence holders must source imported inputs from registered suppliers when procuring from local manufacturers; exemptions allowing imports from unregistered suppliers may be withdrawn and such licences then follow normal validity and export obligation rules. Unregistered raw material imports cannot be regularized if export obligations are unmet and cannot be diverted domestically; licence holders may either use such imports for other export products or re-export the identical material, subject to customs verification, and must pay any composition fee if export obligation periods require extension.

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