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Amendments in Appendix 17D for 2003-04 of the Hand Book of Procedures (Vol.I)
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Duty Free Credit Entitlement: revised eligibility and application format expand status holder access and set documentation, exclusion, and utilisation rules.
Amendments replace Appendix 17D to broaden DFCE eligibility to include status holders and star export houses meeting specified export performance and growth criteria, and provide a detailed application and certification format. The Appendix prescribes required applicant information, export category disclosures, computation methodology for DFCE entitlement, exclusions and ineligible export categories, documentary and certification requirements (including a professional certificate), declarations regarding product-import nexus and exclusions, procedures for capital goods certification, and an Appendix for utilisation of granted entitlements.
Amendments in Appendix 28 of the Hand Book of Procedure(Vol.I)
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Appendix 28 amendment adds Bureau Veritas and inspection entities to the list of recognized testing agencies under foreign trade policy
The Director General of Foreign Trade issued a public notice under paragraph 2.4 of the Foreign Trade Policy adding multiple inspection and certification offices to Appendix 28 of the Handbook of Procedures (Vol. I). The amendment lists organisational names, addresses and contact details of the newly included inspection and certification bodies for use in trade inspection and certification processes.
Electronic Filing of Application
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Electronic filing treated as date of receipt; hard copy must follow within specified period or application must be refiled.
Electronic filing is treated as the date of receipt provided the applicant submits the required hard copy within the stipulated short period; failure to do so will result in non-acceptance of the late hard copy and a requirement to re-file the application with fresh payment instruments. EPCG applications must be submitted electronically only; manual EPCG applications will not be accepted.
Amendment in para 2.21.2, 4.22, 6.7(c) and App.14-I-C in the Hand Book of Procedures (Vol.I), 2004-2009
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Tea export obligation timing set from first consignment import and imports must be utilised within a short statutory period.
For tea, exporters needing a Certificate of Origin (Non Preferential) must apply to the Tea Board or an authorised Inspection Agency in Appendix 35 B. The export obligation period starts from import of the first consignment and must be fulfilled within six months. Imported tea must be utilised within six months of import. Appendix 14 IC is amended to require a minimum value addition of 50% for tea.
Self Declared licences where SION does not exist (Declaration/Undertaking)
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Self-declared advance licences allowed where SION absent, with exclusions and biotechnology NOC requirement.
Advance licences may be issued on the basis of self-declaration and an undertaking where SIONs are not fixed, subject to final adjustment by Adhoc/SION set by the Advance Licensing Committee, but exclusion applies to specified agricultural categories and certain items; licences for perfumes, perfumery compounds and vitamin-containing feed ingredients must be processed under the alternate procedural route pending committee approval, and biotechnology-related exports/imports require submission of a No Objection Certificate from the Department of Biotechnology.
Re-organization of licensing sections
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Licensing section reorganization streamlines section codes and alphabets, requiring traders to follow new assignments and cooperate during transition.
Licensing section re-organisation implements reassignment of section names, alphabets and numeric codes effective from 1st April 2005, reallocating ALS sections into DES sections, creating new DES and EPCG subdivisions, and merging alphabets of FAS I, II & III into other sections; traders are directed to transact under these new assignments and to cooperate during a transitional phase of possible system instability.
Amendments/ additions / corrections in DEPB rates
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DEPB rate amendments revise export benefit rates and value caps, including a time-limited tractor entry for a specific exporter.
DGFT, under delegated powers, amends the Schedule of DEPB rates by revising DEPB percentages and value caps for specified Sl.No. entries in Engineering (Code 61), Chemicals (Code 62) and Plastics (Code 63). A time-limited adhoc DEPB entry is notified solely for M/s Mahindra & Mahindra Ltd for agricultural tractors in CKD/SKD/CBU condition. The corrections include amended value caps, updated product descriptions, and specified entries with revised DEPB rates and caps.
Decision of Settlement Commission in CBEC – compliance thereof
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Settlement Commission decisions on customs duty and interest may be implemented by Licensing Authorities subject to adjudication notice.
Licensing Authorities may implement Settlement Commission decisions concerning customs duty and interest for export obligation defaults, with intimation to the Adjudicating Authority for regularization; the Adjudicating Authority nonetheless remains free to invoke Section 11 of the Foreign Trade (Development & Regulation) Act, 1992 to consider imposition of penalties where appropriate.
Amendment in para 2.32(i)(b) of the Hand Book of Procedures (Vol.I), 2004-2009 reg. inclusion of ICD & One Inspection Agency Name
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Import controls on metallic waste and scrap now limited to specified ports; designated inspection agency added.
Amendment restricts the import of metallic waste and scrap in unshredded, compressed and loose form to the listed seaports and ICDs by revising paragraph 2.32(i)(b) of the Handbook of Procedures (Vol. I), and adds Alex Stewart (Assayers) Ltd. to Appendix-28 as an approved inspection/assaying agency.
Procedure for import of certain items under the Indo-Nepal Treaty of Trade signed on 2.3.2002
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Import authorisation: State Trading Corporation authorised to import specified vegetable oils from Nepal with distribution and monitoring responsibility.
Amendment authorises the State Trading Corporation and its associates to import specified quantities of vegetable oils (vanaspati) from Nepal, vesting overall responsibility on the State Trading Corporation to ensure distribution and monitoring in accordance with Government policy under the Foreign Trade Policy.
Amendment in para 4.7 of the Hand Book of Procedures (Vol.I), 2004-2009
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Advance licence issuance allowed on self-declaration with specified exclusions; biotechnology exports require No Objection Certificate.
Advance licences may be issued where SIONs are not fixed based on self-declaration and an undertaking for final adjustment as per Adhoc/SION fixed by ALC; issuance is prohibited under this provision for imports of horn, hoof and animal organs, pepper and specified agricultural categories including vegetable/edible oils and oilseeds, cereals, high-duty spices, and high-duty fruits/vegetables; perfumes, perfumery compounds and certain feed ingredients must follow an alternate application route, and biotechnology items require a No Objection Certificate from the Department of Biotechnology.
Extension of the date for filing of application for grant of Star Status Certificate
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Filing deadline extension for Star Status Certificate applications extended to end of March after regional representations.
The Directorate General of Foreign Trade has extended the last date for submission of applications for grant of Star Status Certificate for 2004-05 from the date prescribed in Paragraph 3.2 of the Handbook of Procedures Vol. I 2004-09 to 31 March 2005, following representations and recommendations from Regional Licensing Authorities and with approval of the competent authority.
Amendments/ additions / corrections in DEPB rates
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DEPB rate amendments update value caps and add time limited chemical export entry affecting specified exporter eligibility.
DGFT amends the Schedule of DEPB rates: engineering product entries see enhanced or newly imposed value caps and Sr. No. 588 is revised to cover hermetically sealed compressors at 4% DEPB with a Rs.1200 per piece cap; chemicals group amends Sr. No. 710 to specify pseudo ephedrine forms and inserts an adhoc entry for Metroprolol Tartrate at 5% DEPB with a Rs.2000/kg cap, limited to six months and applicable only to exports by M/s. Sun Pharmaceutical Industries Ltd.
Extension of the date for filing of application for Duty Free Credit Entitlement Certificate for Status Holder for the period 2003-04
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Duty Free Credit Entitlement Certificate deadline extended; applications accepted within three months of Appendix 17D notification.
Because Appendix-17D has not been notified, the deadline for submission of applications for the Duty Free Credit Entitlement Certificate for the period 2003-2004 is extended: applications will be accepted for three months from the date of issue of the Public Notice notifying Appendix-17D.
Amendment in para 3.12 (Authorities issuing RCMC) of the Hand Book of Procedures (Vol.I), 2004-2009
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Registration cum Membership Certificate allocation: exporters must apply to designated export councils; pharma, services and state rules specified.
Exporters must declare their main line of business and apply for a Registration cum Membership Certificate to the Export Promotion Council corresponding to that line; status holders may alternatively obtain RCMCs from a designated exporters' federation. Exporters of drugs and pharmaceuticals must obtain RCMCs from the sector specific authority. Service exporters other than software must obtain RCMCs from the federation, and exporters with head/registered office in Orissa may obtain RCMCs from the federation's Bhubaneshwar office regardless of product. An exclusive Export Promotion Council for Services will be established.
Export of Onions through designated State Trading Enterprises
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Export policy supersession: pre 2004 instructions on onion exports are replaced by ITC HS Schedule 2 provisions.
Export of onions is governed by the Export Policy in Sl. No. 44, Chapter 7 of Schedule 2 of the ITC(HS) Classification for 2004 09. All instructions, clarifications and notifications issued prior to 1.9.2004 that previously governed onion exports are superseded by those Schedule 2 provisions; exporters and designated State Trading Enterprises must therefore follow the Schedule 2 export conditions rather than earlier departmental instructions.
Procedure for import of certain items under the Indo-Nepal Treaty of Trade signed on 2.3.2002
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TRQ vanaspati imports: validity period extended to allow additional use of the Nepal tariff rate quota this financial year.
The Director General of Foreign Trade, using powers under Paragraph 2.4 of the Foreign Trade Policy 2004 09, amends prior Public Notices to extend the permitted import window for the TRQ vanaspati imports from Nepal for the financial year 2004 05, preserving the authorised annual quota while altering only the validity period for importers to utilise the tariff rate quota.
Clarification regarding the Date of Submission of Application Submitted through EDI Mode
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E Commerce application filing date recognised as the official filing date, conditional on timely hard copy submission.
For E Commerce/EDI applications the date on which the E Commerce application is submitted and an E Commerce file number is generated shall be treated as the date of filing of application for Advance Licence export obligation purposes, while the hard copy of the application must be submitted to the concerned RLA within fifteen days; a corresponding amendment to the Handbook of Procedures, Vol. I will be made.
Applications for grant of Advance Licence/DFRC involving import of items reserved for State Trading Enterprises
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Import restriction for STE reserved items: licences require declaration and bar such imports unless an ARO is issued.
Applicants for Advance Licence/DFRC must complete all required fields in e commerce applications (notably Appendix 10 B including ITC(HS) codes and customs duty exemption entries) or face return of deficient applications. Applicants must also submit a signed declaration (Annexure A) identifying any items reserved for import by State Trading Enterprises; licences/DFRCs will be issued subject to the condition that items reserved for STE import cannot be imported against the licence/DFRC except upon issuance of an ARO.
Amendments in Appendix 28 of the Hand Book of Procedure(Vol.I)
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Amendment to Appendix 28 expands recognized testing laboratories and updates conformity assessment contact details.
Amendment to Appendix 28 of the Handbook of Procedures (Vol. I) adds entries 30-60 listing international testing and conformity assessment bodies with full contact details and corrects S.No.5 and S.No.19 to update Bureau Veritas and Superintendence Company of India contact information, issued under paragraph 2.4 of the Foreign Trade Policy as a Public Notice by the Director General of Foreign Trade.

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