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Circulars
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Corrections in DEPB rates published vide Public Notice No-13/2004-2009 dated 6.10.2004
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Correction to DEPB value caps: two engineering item entries amended to revised per kilogram caps under trade policy
Exercising powers under Paragraph 2.4 of the Foreign Trade Policy, 2004-2009 and Paragraph 1.1 of the Handbook of Procedures (Vol. I), the Director General of Foreign Trade issues administrative corrections to the DEPB Schedule annexure in Public Notice 13/(2004-2009) dated 06.10.2004, revising the per kilogram value caps against Sl. No. 337 and Sl. No. 352 for engineering items as a public interest clarification.
Bank Guarantee for transshipment of import & export cargo from Gateway Ports to Feeder Ports/ICDs/CFSs and vice versa-regarding
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Bank guarantee waiver for qualifying shipping lines enables transshipment by road between gateway and feeder ports without the prior guarantee.
The Board has waived the bank guarantee requirement for shipping lines meeting the prescribed import-container throughput threshold, for transshipment of import and export cargo moved by road between gateway ports and feeder ports/ICDs/CFSs, thereby modifying Circular No.78/2001-Cus.
Amendments/additions/corrections in the Schedule of DEPB rates - ENGINEERING PRODUCTS
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DEPB rate amendments: Public Notice updates export entitlement rates and value caps for engineering products under trade policy.
The Director General of Foreign Trade, under the Foreign Trade Policy and Handbook authority, issues a Public Notice amending the Schedule of DEPB rates for Engineering Products. The annexed schedule lists export products with corresponding DEPB percentage rates and, where applicable, monetary value caps per unit or per kilogram; it also records deletions and adhoc/time limited entries that affect entitlement calculations for exporters.
Remittances to be counted for the Served from India Scheme
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Service charge remittances determine duty credit eligibility under the Served from India Scheme; non service receipts excluded.
Eligibility for duty credit under the Served from India Scheme is limited to foreign exchange remittances that are service charges or fees specifically levied for services rendered; receipts that are not consideration for services-such as proceeds from loans, client export realizations, issuance of equity or bonds, sale of securities, other non service receivables, and labour remittances-are excluded from entitlement.
Clarification on the issuance of Registration Cum Membership Certificate (RCMC) by Export Promotion Councils
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Registration Cum Membership Certificate issuance: apply to the Export Promotion Council tied to your principal line of business, membership optional elsewhere.
Issuance of Registration Cum Membership Certificate requires exporters to apply to the Export Promotion Council corresponding to their principal line of business as identified in Appendix 27 of the Handbook of Procedures; exporters may also take membership of any other Export Promotion Council in addition, but RCMC application must follow the main line of business allocation.
Procedure for import of certain items under the India-Nepal Treaty of Trade signed on 2.3.2002- amendment therein
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Import quota extension for vegetable fats from Nepal preserves unutilised quota and designates STC to manage imports and distribution.
The amendment extends the import window for vegetable fats from Nepal for the prior year and prevents lapse of the unutilised quota until the extended date; it also sets the authorised import period for the subsequent annual quota. It designates the State Trading Corporation (STC) and its appointed associates as the authorised import agencies, with STC retaining overall responsibility for distribution and monitoring under government policy.
FEMA - Foreign Direct Investment in India - Transfer of Shares/Convertible Debentures by way of Sale - Simplification of Procedures
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Foreign direct investment transfers now under general permission, subject to sectoral caps, pricing rules and documentation compliance.
Transfers of shares/convertible debentures between residents and non-residents are placed under general permission subject to conditions: transfers from residents to non-residents in automatic-route sectors (excluding financial services) require no prior Government approval if takeover rules are not attracted, post-transfer holdings comply with sectoral caps, and pricing follows SEBI/RBI guidelines. RBI grants general permission for private-sale transfers in both directions (except resident-to-non-resident in financial services) subject to Annex terms on pricing, documentation (FC-TRS, CA valuation, consent letters), payment/remittance procedures and reporting by ADs.
Practice of assessment of Nylon Twine falling under Chapter 56 of the Central Excise Tariff Act, 1985 manufactured and captively used in the manufacture of fishing net for the period from 26-9-2002 to 1-1-2003
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Section 11C invocation denied for captive-use nylon twine assessments, directing administrative finalisation of pending cases.
The Board examined assessment practice for nylon twine under Chapter 56 manufactured and captively used in fishing net production for the period 26 9 2002 to 1 1 2003 and found that invocation of the special procedural provision Section 11C of the Central Excise Act, 1944 was not appropriate; pending cases, if any, are to be finalised accordingly.
Admissibility of CENVAT Credit on inputs used in the manufacture of the finished goods on which duty has been remitted- Board’s Circular 650/41/2002-CX dated 7th August, 2002- regarding.
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Cenvat credit inadmissibility where duty on finished goods is remitted; disallowed credits must be recovered with interest.
Credit of excise duty paid on inputs used in finished goods whose duty has been remitted due to damage or destruction is not permissible. The Board, following the Tribunal's decision in Mafatlal Industries, withdraws earlier guidance that allowed such credit and directs recovery of the disallowed credit with interest, noting that insurers' compensation includes input value and the Modvat scheme does not permit refunds or remission of input duty when finished goods are relieved of duty.
Amendments/additions/corrections in Standard Input output norms
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Amendments to Standard Input Output Norms revise permitted import inputs and quantities for specified export items.
Director General of Foreign Trade, invoking Paragraph 2.4 of the Foreign Trade Policy and Paragraph 1.1 of the Handbook of Procedures, directs substitutions, deletions, corrections and additions to the Standard Input Output Norms in Handbook of Procedures Vol.2; adds new SION entries for Chemicals and Allied Products, Engineering Products and Plastics Products and amends specific SION norms, descriptions and input quantities as detailed in Annexures A-D.
Assessment of Automobile parts namely ‘Lever Combination Switch’ declared as switch – regarding
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Parts of lever combination switches treated as parts of switches and eligible for concessional customs duty, subject to conditions.
Whether parts of a Lever Combination Switch (LCS) qualify as parts of switches for concessional treatment under Notification No. 25/99-Cus., List A, Sl. 112 is clarified: despite separate tariff classification for combination switch assemblies, the LCS functions as a switch, and its parts are to be treated as covered by the notification, subject to other conditions; field formations should finalize pending assessments and issue public notice.
Synchronization of holidays by Ports/Airports and the Customs Authority-regarding
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Synchronization of holidays between ports/airports and Customs to ensure coordinated calendars and uninterrupted trade flow.
Synchronization of holidays between port/airport authorities and the Customs administration is directed to promote uninterrupted import export operations and trade facilitation; holiday schedules should, to the extent possible, be determined in consultation with the respective Port/Airport Authorities or Custodians so that holidays are synchronized and the flow of trade is not disrupted.
Conversion of External Commercial Borrowing and Lumpsum Fee/Royalty into Equity
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Conversion of ECB into equity allowed under general permission, subject to automatic route, sectoral cap, pricing and reporting compliance.
Conversion of ECBs and lump sum fees/royalties into equity is allowed under general permission provided the activity qualifies under the automatic route or has prior government approval, post conversion foreign equity remains within sectoral caps, share pricing complies with prescribed guidelines, and other statutory requirements are met. The facility applies to ECBs regardless of repayment status (excluding import payables). Reporting requires FC GPR to the Reserve Bank regional office and ECB 2 to the Bank's statistical department with specified markings and timelines for full and partial conversions.
Acquisition of Foreign Securities by Resident Individuals-ADR/GDR Linked Employees Stock Option (ESOP) Schemes
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Acquisition of foreign securities by resident employees allowed without prior central approval if issuer complies with ESOP guidelines.
Authorised Dealer banks may remit funds for resident employees to acquire foreign securities under ADR/GDR-linked ESOP schemes up to the existing per-employee limit in a block of five calendar years without prior Reserve Bank approval, after satisfying themselves that the issuing company has followed the relevant SEBI or Government guidelines; listed knowledge-based sector companies' ESOPs will be governed by SEBI guidelines, while unlisted companies remain under Government ADR/GDR guidelines.
Issue of Shares Under Employees Stock Option Scheme to Citizens of Sri Lanka and Bangladesh
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Employee stock options: listed Indian companies may allot shares to citizens of Bangladesh and Sri Lanka under FEMA.
Listed Indian companies may allot shares under Employees Stock Option Scheme to employees who are citizens of Bangladesh and Sri Lanka, overriding the prior exclusion under the Foreign Direct Investment framework. The instruction is issued under FEMA and remains subject to any other statutory permissions or approvals; Authorised Dealer Banks are to inform constituents and customers accordingly.
Restructuring of the Subsidiary Management
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Public representative continuity clarified: incumbents to remain on subsidiary boards until successors are appointed formally.
SEBI clarifies that existing public representatives on subsidiary company boards will continue in office until their successors are formally appointed, addressing queries on clause (f) of the Reconstitution of Governing Board provision in the earlier circular SMD/Policy/Cir-4/2003.
Related to DEPB rates for Fish products
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DEPB rate amendment for fish products restores previously notified export duty credit rate after abeyance is withdrawn under trade policy.
The Director General of Foreign Trade withdraws the abeyance placed on a previously notified retrospective DEPB rate for fish and fish products, restoring the earlier Schedule entry as the operative credit treatment under the Foreign Trade Policy and Handbook of Procedure and announcing the withdrawal takes immediate effect.
Modifications in the STP messaging formats on account of implementation of the Securities Transaction Tax (STT)
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Securities Transaction Tax integration in STP messaging requires new COUN qualifier and placement before settlement amount.
Integration of the Securities Transaction Tax into STP messaging requires an AMT block using qualifier "COUN" to identify the STT amount in the format qualifier//currency code amount; the AMT block is to be placed before the Settlement Amount block, mandatory in IFN515 and optional in IFN540, IFN541, IFN542 and IFN543. Rejection of IFN515 on STT amount must record reason in Tag70D Narrative with Tag24B set to "NARR".
Allocates a quantity of 10,000 MTs of white sugar under preferential quota
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Preferential quota allocation for sugar exports to EU requires designation of an exporting agency and specified EURI and GSP certifications.
The Director General of Foreign Trade allocates white sugar under a preferential quota and raw sugar under an SPS quota for export to the EU, naming M/s. Indian Sugar Exim Corporation Limited as the designated agency under the ITC(HS) classification. The notice prescribes specific EURI and GSP entries for preferential and special preferential categories, requires Customs endorsement of the EUR form at shipment, and mandates GSP certificate issuance by the Export Inspection Agency or DGFT.
Corrections in the Public Notice No-07 dated 23.9.2004 related to textile product group
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DEPB rate corrections amend export benefit entitlements for textile product group under Foreign Trade Policy authority.
Corrections amend export entitlements under the Duty Entitlement Pass Book (DEPB) scheme for textile product group (Product Code 89). Under powers conferred by the Foreign Trade Policy 2004-2009 and the Handbook of Procedures (Vol. I), the Director General of Foreign Trade issues corrected DEPB rates for specified entries and sets a value cap per piece where previously recorded as nil, thereby modifying the benefit parameters for affected textile exports.

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