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GENERAL PROVISIONS REGARDING EXPORTS AND IMPORTS

Chapter 2 - Hand Book of Procedure - DGFT - Chapter 2 - CHAPTER 2 2.00 Policy Policy relating to is given in Chapter-2 of FTP. 2.01 Coverage This chapter covers procedure for various applications including their complete documentation. Procedure for applications for authorisations/ license/ permissions/ certificates for import/export and applications for benefits under FTP are spelt out. 2.02 Countries of Imports / Exports Unless otherwise specifically provided, international trade (i.e. import .....

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r in English or Hindi. Documents in regional languages may be got translated into English or Hindi and the translated copy may be self-certified and submitted along with the Original copy. 2.04 Territorial Jurisdiction of RA Territorial jurisdiction of RAs is given in Appendix 1A of Appendices and Aayat Niryat Forms. The address of applicant determines the jurisdiction of RA. Each application, unless otherwise specified, shall be submitted to jurisdictional RA . 2.05 Incomplete Application (a) A .....

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for in Appendix-2K. Importer Exporter Code (IEC): 2.07 IEC Number Exempted Categories (a) IEC is compulsory for import and /or exports. However, the following categories of importers or exporters are exempted from obtaining IEC. Sl. No. Categories Exempted from obtaining IEC (i) Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and (k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order, 1993 .....

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dian ₹ 25,000/-; and in the case of China, (a) for import/export of goods through Gunji and Namgaya Shipkila, CIF value of single consignment does not exceed Indian ₹ 1,00,000/-;and (b) for import/export of goods through Nathula, CIF value of single consignment does not exceed ₹ 2,00,000/-. ] Further, exemption from obtaining IEC shall not be applicable for export of Special Chemicals, Organisms, Materials, Equipments and Technologies (SCOMET) as listed in Appendix - 3, Schedul .....

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y owned by them. 3 0100000037 Diplomatic personnel, Counsellor officers in India and officials of UNO and its specialised 4 0100000045 Indians returning from / going abroad and claiming benefit under Baggage Rules. 5 0100000053 Persons /Institutions /Hospitals importing or exporting goods for personal use, not connected with trade or manufacture or 6 0100000061 Persons importing/exporting goods from /to Nepal 7 0100000070 Persons importing / exporting goods from / to Myanmar through Indo-Myanmar .....

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try of Finance for bonafide use by victims affected 12 0100000134 Persons importing/exporting permissible goods as notified from time to time, from /to China through 13 0100000169 Non-commercial imports and exports by entities who have been authorised by Reserve Bank of India. 2.08 Application for IEC (a) Exporters / Importers shall file an application in ANF 2A format for grant of e-IEC. Those who have digital signatures can sign and submit the application online along with the requisite docume .....

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aying the requisite application processing charges. 2.09 IEC Format An IEC will be issued in prescribed format (ANF 2(A) (II)). A copy of such IEC shall be endorsed to concerned banker (as per details given in ANF 2A). Such endorsement should ordinarily be done using emails. 2.10 Validity of IEC An IEC allotted to an applicant shall have permanent validity unless cancelled by the competent authority. The IEC will cover all branches / divisions / units / factories of the applicant. 2.11 Validity .....

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n of such file and will allow de-bonded unit to make necessary modification in IEC. (d) The de-bonded unit to be eligible for benefits from the RA as per FTP. 2.12 One PAN-One IEC Only one IEC shall be issued against a single PAN. Multiple IECs against a single PAN stands deactivated suo-motu after 31.03.2015. 2.13 Surrender of IEC If an IEC holder does not wish to operate allotted IEC, he may surrender the same to the issuing authority. On receipt, the issuing authority shall immediately cancel .....

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ctors of Public Limited Company. 14[2.14 (A) Modification/Change in Branch Office/Head Office/Registered Office Address in IEC involving a shift in jurisdictional RA: When an IEC holder seeks modification/change of Branch Office/Head Office/Registered Office address in its IEC and which involves a shift in its jurisdictional RA, a request to that effect will have to be made to the new RA to whose jurisdiction the applicant is shifting its Office. A copy of this request with application details i .....

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Exporter (a) ANF-1 contains the profile of the importer/exporter. IEC Holder shall be responsible for updating the same as and when a change takes place immediately or in any case at least once in a year. (b) Documents which are uploaded in the Importer-Exporter Profile are not required to be filed each time the importer/exporter applies for authorisations/scrips under different schemes of this FTP. Issue of Authorisation: 2.16 Validity period of Authorisation/ Licence / Certificate / Authorisa .....

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estricted items and CCP 18 months (iv) EPCG Authorisation 18 months (v) Advance Authorisations (AA) for Deemed Export Coterminous with contracted duration of project execution or 12 months, whichever is more. (vi) AA {except (v) above}, DFIA, Replenishment Authorisation for Gems & Jewellery as per Chapter 4 of FTP. 12 months from issue date. However, DGFT may decide to issue specific authorisation/ class of authorisations for a longer/shorter validity period. 2.17 Date of reckoning of Import .....

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ort. 2.18 Validity of Authorisation/ Licence for import/export (a) Authorisations must be valid on the date of import. (b) Similarly, export obligation period of an Authorization must be valid on the date of export. 2.19 Validity of Scrips Scrips under Chapter 3 and 5 must be valid on the date on which actual debit of duty is made. 2.20 Revalidation of Import / Export Licence Certificate/ Authorisation / Permissions for Non-SCOMET items (a) RA concerned may revalidate import authorisation on mer .....

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0 above would be permitted under specific orders of Head of concerned Office and such revalidation would be maximum up to the extent of custody period. 2.22 Application for Revalidation An application for revalidation of authorisation (other than SCOMET Authorisation), may be made to RA concerned. RA would consider such application as per FTP. Where DGFT is concerned authority, original application shall be submitted to RA concerned and self-attested copy of same shall be submitted to DGFT. Proc .....

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pplication accompanied with following documents: (i) An application with fee equivalent to 10% of duty saved or duty credit (of unutilized balance). (ii) A copy of FIR reporting loss. (iii) Self- declaration to indemnify revenue loss, which may be caused on account of issue of such duplicate. 2.25 Exception When an Authorisation is lost by a Government agency and a proof to this effect is submitted, documents at serial nos. (i) to (iii) of Paragraph 2.24 above shall not be required. In such case .....

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n of Paragraph 2.26 and 2.27 shall be applicable for cases covered under both Paragraph 2.23 and 2.24 Bank Guarantee /LUT: 2.29 Execution of BG/Legal undertaking for Advance Authorisation/ EPCG Authorisation (a) Before clearance of goods through Customs, Authorisation holder shall execute a BG/LUT with Customs Authorities. In such cases, RA shall endorse the following condition on the licence/ Authorisation: "BG / LUT as applicable, to be executed with concerned Customs Authorities. (b) In .....

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tion that the Customs Authority shall release/redeem BG/LUT only after receipt of NOC or EODC from the RA concerned. RA shall endorse a copy of the same along with a forwarding letter to the Customs Authority at the Port of registration for their information and record. 2.30 Corporate Guarantee A status holder or a PSU may also submit Corporate Guarantee in lieu of Bank Guarantee/LUT in terms of the provisions of relevant Customs Circular in this regard. 2.31 Advance Payment In case, payment is .....

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cases where supplies are under lease financing. In case of loss of Documents: 2.33 Issuance of scrips against lost EP copy of the Shipping Bills and / or original Bank Realisation Certificate Where EP copy of Shipping Bill / original BRC is lost, claim for Scrips under Chapter 3 and Chapter 5 can be considered subject to submission of following documents: (i) A duplicate /certified copy of relevant document issued by Customs Authority / Bank in lieu of original; (ii) An application fee equivale .....

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ity, before allowing clearance, shall ensure that benefit / duty credit against such shipping bill has not been availed. 2.34 Claims against lost copy of shipping bill Claim against lost Shipping Bill / BRC shall be preferred within a period of six months from date of release of duplicate copy of Shipping Bill / date of realization of export proceeds. Any application received thereafter shall be rejected. 2.35 Submission of Certified Copies of Documents Wherever original documents have been subm .....

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ods can be cleared against Bill of Entry for home consumption, on payment of custom duty and on submission of Authorisation wherever required, after an order for clearance of such goods for home consumption is issued by competent customs authorities. In case of clearance against duty free categories /concessional duty categories, exemption / concession from duty shall be allowed. (b) Goods can be re-exported without payment of customs duty provided shipping bill or a bill of export is presented .....

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e unless otherwise specified. (ii) An application for grant of Free Sale and Commerce Certificate may be made to RA concerned as per format in ANF 2 H of Appendices and Aayat Niryat Forms with Annexure A therein. RA shall issue Free Sale and Commerce Certificate as per Annexure B of ANF2H. (b) (i) RAs may also issue, on application, Free Sale and Commerce Certificate for export of any other item which is not restricted or prohibited for export. Validity of such certificate shall be two year from .....

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g export of the same from their country, RA may issue such certificates as per Appendix 2Q of Appendices and Aayat Niryat Forms. The certificate shall be issued based on application made under ANF 2 J along with documents prescribed therein. 2.39 Imports under Indo-US Memorandum of Understanding (a) Import of specified capital goods, raw materials and components, from United States of America (USA) is subject to US Export Control Regulations. US suppliers of such items are required to obtain an .....

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s and entities not covered above as well as on behalf of any of the above; (v) Embassy of India, Washington, DC, on behalf of any of the above. (b) Application for an import certificate shall be made in ANF 2K(i). Import certificate in Appendix-2P(Ia) may be issued by ICIA directly to importer with a copy to (i) Ministry of External Affairs (MEA) (AMS Section), New Delhi, (ii) DoE, New Delhi; and (iii) DGFT. (c) However, this import certificate will not be regarded as a substitute for an import .....

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d the importer submits the following documents in ANF 2K(i) : (i) documentary proof of Bill of Lading indicating Port of USA, (ii) legal undertaking that goods shall not be exported/ alienated; and (iii) Import is with Actual User condition. (e) In case the importer wants to subsequently export the imported items from USA,, or any part thereof, such export will require an authorisation from DGFT as per ANF 2K(ii) and Export certificate will be issued in the format Appendix-2P(ib). (f) Import /ex .....

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force, and gift sought to be imported has been exempted from payment of customs duty, such import shall be allowed by customs authorities without a CCP. 2.41 Import of Cheque Books /Ticket Forms etc. Indian branches of foreign banks, insurance companies and travel agencies may import chequebooks, bank draft forms and travellers cheque forms without a CCP. Similarly, airlines / shipping companies operating in India, including persons authorised by such airlines / shipping companies, may import p .....

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may be supplied free of charge by foreign suppliers or imported against a marine insurance or marine-cum-erection insurance claim settled by an insurance company. Such goods shall be allowed clearance by the customs authorities without an import Authorisation provided that: (a) Shipment of replacement goods is made within 24 months from date of clearance of previously imported goods through Customs or within guarantee period in case of machines or parts thereof where such period is more than 24 .....

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ies without an import Authorisation. (b) This procedure shall also apply to cases in which short shipment of goods is certified by foreign supplier, who has agreed to replace free of cost. (c) Cases not covered by above provisions will be considered on merits by DGFT for grant of Authorisation for replacement of goods for which an application may be made as per paragraph 2.50 of HBP. 2.45 Import of Overseas Office Equipment On winding up of overseas offices, set up with approval of RBI, used off .....

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, 32/40, .256, .275, .280, 7m/m Mauser, 7 m/m Man Schoener, 9m/m Mauser, 9 m/m Man Schoener, 8x57, 8x57S, 9.3 m/m, 9.5 m/m, .375 Magnum, .405, .30.06, .270, .30/30 Winch, .318, .33 Winch,.275 Mag., .350 Mag.,400/350, .369 Purdey, .450/400, .470, .32 Win,.458 Win, .380 Rook, .220 Swift and .44 Win. bores. (b) An import Authorisation shall be issued at 5% of value of annual average sales turnover of ammunition (whether indigenous or imported) during preceding three licensing years subject to a min .....

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(ii) The eligible unit may furnish an application given in Appendix-8A to RA concerned duly countersigned by Chartered Accountant. (iii) In respect of duty free import of R&D equipment, units not registered with Central excise shall be allowed to give Installation Certificate issued by an independent Chartered Engineer. 6[(B) Agro-Chemicals Sector (i) Duty free imports of goods as specified in list 28A of Customs notification No. 21/2012 dated 17.3.2012, upto 1% of FOB value of exports made .....

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er Govt. to Govt. Agreements Import of goods under Government to Government agreements may be allowed without an Authorisation or CCP on production of necessary evidence to satisfaction of Customs authorities. 2.49 Transfer of Imported Goods (a) Cases where prior permission is required: Transfer of imported goods which are subject to Actual User condition and have become surplus to needs of Actual User, shall be made only with prior permission of RA concerned. Following information alongwith sup .....

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(b) Cases where prior permission is not required (i) in case of sale or otherwise by importer of freely importable goods; (ii) for goods imported with Actual User condition, provided such good is freely importable without Actual User condition on date of transfer (iii) for goods with AU Condition after a period of two years from the date of import. (iv) for transfer of Imported Firearms (a) after 10 years of import or (b) on attaining the age of 60 years by such importer. (v) for transfer of wea .....

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pose of pursuing shooting as a sport after one year from the date of its first sale. Such transfer/sale is subject to the provisions of the Arms Act, 1959 and other rules/regulations by state/local police. NRAI/Department of Sports will maintain the required records. Import of Restricted Items: 2.50 Import of Restricted Items An application for grant of an Authorisation for import or export of items mentioned as Restricted in ITC (HS) may be made to RA, with a copy to DGFT Hqrs in ANF 2M along w .....

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orisation. The Assistance of technical authorities may also be taken by seeking their comments in writing. Facilitation Committee will consist of representatives of Technical Authorities and Departments / Ministries concerned. (b) Import authorisations for a restricted item, if so directed by the competent authority, shall be issued for import through one of the sea ports or air ports or ICDs or LCS, as per the option indicated, in writing, by the applicant. However, for import of rough marble, .....

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ents, Tour Operators and other Specified Categories Items mentioned as restricted for imports in ITC (HS) required by hotels, restaurants, travel agents and tour operators may be allowed against an Authorisation, based on recommendation of Director General, Tourism, Government of India. (a) Hotels, including tourist hotels, recognised by Director General of Tourism, Government of India or a State Government shall be entitled to import Authorisation upto a value of 25% of foreign exchange earned .....

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ential goods which are restricted for imports related to travel and tourism industry, including office and other equipment required for their own professional use. (c) Import entitlement under paragraphs 2.52 (a) and 2.52 (b) of any one licensing year can be carried forward, either in full or in part, and added to import entitlement of two succeeding licensing years. (d) Such imported goods may be transferred after 2 years with permission of DGFT. No permission for transfer will be required in c .....

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ment All restricted items and items permitted to be imported by STEs, except live animals, required for R&D purpose may be imported without an Authorisation by Government recognized Research and Development units. 2.54 Import of Metallic Waste and Scrap Import of any form of metallic waste, scrap will be subject to the condition that it will not contain hazardous, toxic waste, radioactive contaminated waste / scrap containing radioactive material, any type of arms, ammunition, mines, shells, .....

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hether or not in bundles. 7. 72044900 Other 8. 72045000 Re-melting scrap ingots 9. 74040010 Copper scrap 10. 74040022 Brass scrap 11. 75030010 Nickel scrap 12. 76020010 Aluminium scrap 13. 79020010 Zinc scrap 14. 80020010 Tin scrap 15. 81042010 Magnesium scrap (b) Freely Importable metallic waste and scraps (shredded) as listed above shall be permitted through all ports of India subject to following conditions: (i) At the time of the clearance of goods, importer shall furnish to the Customs pre- .....

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the exporter stipulating that the consignment does not contain any radioactive contaminated material in any form. (c) Import from Hodaideh, Yemen and Bandar Abbas, Iran will be in shredded form only. (d) Import of un-shredded compressed and loose form of metallic waste, scrap listed in paragraph 2.54(a) above in shall be subject to the following conditions:- (i) At the time of the clearance of goods, importer shall furnish to the Customs pre-shipment inspection certificate as per the format in A .....

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also the maximum radiation level on the scrap. (ii) The imported item (s) is actually a metallic waste/ scrap /seconds /defective as per the internationally accepted parameters for such a classification. (iii) Copy of the contract between the importer and the exporter stipulating that the consignment does not contain any type of arms, ammunition, mines, shells, cartridges, radioactive contaminated, or any other explosive material in any form either used or otherwise. (iv) Import of scrap would t .....

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pur and 26. ICD Malanpur . 10[Para 2.54 A Import of certain categories of processed metallic scrap at designated ports having Scanner/Radiological Detection Equipment (RDE) facilities Notwithstanding the procedure stated in paragraph 2.54(b) above, Import of processed metallic scrap, as described in paragraph (f) below, may be allowed at designated ports (with Scanner/RDE facility), as listed in Appendix 2G-1 of Appendices and Aayat Niryat Forms of FTP 2015-20, without PSIC ( as per paragraph 2. .....

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contain any explosive or radioactive material; and (iii) That the importer shall be liable for re-export of contaminated material, if detected on arrival in India, back to the exporter/exporting country at his own risk and cost. (b) Importer shall furnish bank guarantee of ₹ 10,00,000/- (Rupees ten lakh) to the Customs as security amount. (c) Importer shall also have to submit a copy of contract with the exporter stipulating that the consignment does not contain any type of arms, ammunitio .....

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red by the Customs. The scanning of the containers at the sea port of arrival would be mandatory regardless of the fact that the container may be destined for any ICD or CFS. (e) In the event, the declaration given by the importer is found to be false / incorrect, the importer shall be responsible for exporting back the contaminated consignment back to the exporting country at his risk and cost and shall also be liable for enforcement of bond/forfeiture of security amount, in addition to any oth .....

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have to be made in proforma prescribed in ANF 2L. The scanned copy of application in ANF 2L, along with relevant annexures and documents should be sent by e-mail to DGFT (at psia-dgft@nic.in), in addition to sending the same by post. (b) For applicants based in India application fee will be ₹ 7500/- and for applicants based abroad the application fee will be US $200. The fees may be amended from time to time by DGFT. (c) The applications will be considered by an Inter- Ministerial Committ .....

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y deputing its Inspectors. However, for such inspections in other countries, the PSIA will be required to give prior intimation to DGFT by sending an email (at psia-travel-dgft@gov.in) and furnishing details of visit / inspection done by the Inspector in PSIC. Para 2.56 Responsibility and Liability of PSIA, Importer and Exporter (a) In case of any mis-declaration in PSIC or mis-declaration in application form for recognition as PSIA, PSIA would be liable for penal action under Foreign Trade (Dev .....

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IA on DGFT website or emailed to DGFT (at psic-dgft@gov.in). The certificate shall be issued in prescribed form Appendix 2H. (d) The PSIA will also be required to take photographs or make video of the inspection carried out, duly capturing the following activities/details: (i) Photograph(s) or video clipping of the place of inspection with PSIA inspector (mandatory) and representatives of exporter / importer, if available (optional); with time, date of the inspection (at least 1 photograph or vi .....

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through digital signatures or sent to psic-dgft@gov.in through registered e-mail of PSIA. Till such time the DGFT website link is operationalized, the PSIC and photographs/videos will be e-mailed to the DGFT (at psic-dgft@gov.in).] 2.57 Import of other kinds of metallic waste and scraps Import of other kinds of metallic waste and scrap will be allowed in terms of conditions of ITC (HS). 2.58 Imports of seconds and defectives Import policy for second and defective, rags, PET bottles /waste, and .....

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ce (Department of Revenue), Notification No. 21/2002- Customs dated 01.03.2002 and Notification No. 33/2010- Customs dated 12.03.2010. As per these, import of four items viz., (1) Skimmed and whole milk powder, milk food for babies etc. (0402.10 or 0402.21) and White Butter, Butter oil, Anhydrous Milk Fat (0405) (2) Maize (corn): other (1005.90) (3) Crude sunflower seed or safflower oil or fractions thereof (1512.11) and (4) Refined rape, colza or mustard oil, other (1514.19 or 1514.99) is allow .....

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1 50/300 50/75 12/12-Cus Sl. No. 60/61 1,50,000MT Rape, colza or mustard oil 151419 45/75 45/10 12/12-Cus Sl. No. 64/66 1,50,000MT 151499 45/75 45/10 12/12-Cus Sl. No. 64/66 Butter and other fats 040510 n.a. 0/30 12/12-Cus Sl. No. 9 15,000MT 04059010 0/30 12/12-Cus Sl. No. 9 04059020 0/30 12/12-Cus Sl. No. 9 Butter and other fats 040520 n.a. 0/40 12/12-Cus Sl. No. 9 15,000MT 04059090 0/40 12/12-Cus Sl. No. 9 2.61 Eligible entities for allocation of quota (a) Milk Powder (Tariff Code No. 0402.10 .....

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arketing Federation of India Ltd.(NAFED), State Trading Corporation (STC), Minerals and Metals Trading Corporation (MMTC), Projects & Equipment Corporation of India Limited(PEC), Spices Trading Corporation Limited (STCL) and State Cooperative Marketing Federations (c) Crude sunflower seed or safflower oil or fractions thereof (Tariff Code No. 1512.11) and Refined rape, colza, canola or mustard oil, other (Tariff Code No. 1514.19 or 1514.99): National Dairy Development Board (NDDB), State Tra .....

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application to EFC in ANF 2M to DGFT, Udyog Bhavan, New Delhi - 110 011. Completed application forms along with prescribed documents must reach on or before 1st March of each financial year preceding to the year of quota (ii) Imports have to be completed before 31st March of financial year i.e. consignments must be cleared by customs authorities before this date. (iii) Since import of maize (corn) is through STEs, the allottees of quota i.e. designated agencies in paragraph 2.61 (b) above for t .....

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s: 2.63 Exhibits Required for National and International Exhibitions or Fairs and Demonstration (a) 11[ Import / export of exhibits, which are freely importable/exportable, including construction and decorative materials required for the temporary stands of foreign / Indian exhibitors at exhibitions, fair or similar show or display for a period of six months on re-export / re-import basis, shall be allowed without an Authorisation on submission of a bond/ security to Customs or ATA Carnet. ] (b) .....

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ble customs duties, subject to a ceiling limit of ₹ 5 lakh (CIF) for such exhibits for each exhibitor. (b) Freely importable items: However, sale of exhibits of items which are freely importable shall be allowed within bond period allowed for re-export on payment of applicable customs duties. (c) If goods brought for exhibition are not re-exported or sold within bond period due to circumstances beyond control of importer, Customs Authorities may allow extension of bond period on merits. 2. .....

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ples / Exhibits (a) Exports of bonafide trade and technical samples of freely exportable item shall be allowed without any limit. (b) An application for export of samples/exhibits, which are restricted for export, may be made to DGFT as per ANF-2Q. Exports : 2.67 Export Policy Policy relating to Exports is given in Chapter-2 of FTP. Further, Schedule 2, Appendix-1 of ITC (HS) specifies list of items, which may be exported without an Authorisation but subject to terms and conditions specified. 2. .....

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btain an Industrial licence under the Industries (Development and Regulation) Act, 1951, with export obligation as may be specified. Such licensee is required to furnish a LUT to RA and DGFT in this regard. DGFT / RA concerned shall monitor export obligation. 2.70 Export by post In case of export by post, exporter shall submit following documents in lieu of documents prescribed for export by sea/air: (a) Bank Certificate of Export and Realisation as in e-BRC in Appendix2U (b) Relevant postal rec .....

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partment in lieu of BRC, and (c) Statement giving details of shipping bills / invoice against which FIRC was issued. SCOMET: 2.72 Application for Grant of Export Authorisation/Certificate/ Permission for non-SCOMET Items An application for grant of Export Authorisation in respect of restricted items [other than Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET)] mentioned in Schedule 2 of ITC (HS) Classifications of Export and Import Items may be made in ANF 2 N to DGFT .....

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e system under the Icon E-COM on the website of DGFT. The Uniform Resource Locator [URL] for online application is http://dgft.gov.in/CallModule.asp?sch =SCOMET. While submitting the online application, all the required documents including End User Certificates (EUCs) are to be uploaded as PDF files. Manual submission of application is dispensed with except the original End User Certificate(s) in Appendix 2 S from all entities in the chain of supply viz. the foreign buyer, end user and intermedi .....

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rt items or technology on SCOMET List are considered on the basis of following general criteria: (a) Credential of end-user, credibility of declaration of end-use of the item or technology, integrity of chain of transmission of item from supplier to end-user, and on potential of the item or technology, including timing of its export, to contribute to end-uses that are not in conformity with India s national security or foreign policy goals and objectives, goals and objectives of global non-proli .....

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agreements, to which India is a party, to the case under consideration. II. Application shall be accompanied by an end user certificate as per Appendix 2S, certifying that: (a) The item will be used only for stated purpose and that such use will not be changed, nor items modified or replicated without consent of Government of India; (b) Neither the items nor replicas nor derivatives thereof will be re-transferred without consent of Government of India; (c) End-user shall facilitate such verifica .....

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epartment of Atomic Energy. Applicable guidelines are notified by the Department of Atomic Energy under Atomic Energy Act,1962. For certain items in Category 0, formal assurances from the recipient State will include non-use in any nuclear explosive device. Authorisations for export of certain items in Category 0 will not be granted unless transfer is additionally under adequate physical protection and is covered by appropriate International Atomic Energy Agency (IAEA) safeguards, or any other m .....

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. However, no export Authorisation for display or exhibition shall be issued for Technology in any category 17[ VIII. Authorization for export of items in Categories 0, 3 (other than 3D), 4, 5 and 7 of the SCOMET list to Iran would be subject to the relevant provisions contained in Annex B to the UN Security Council resolution 2231 (2015). The licensing authority, i.e. DGFT or Department of Atomic Energy, as the case may be, on completion of the IMWG process or the applicable internal process, s .....

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te 2: Authorisations for export of items in SCOMET List for display or exhibition abroad are subject to a condition of re-import within a period not exceeding six months. Exporters are entitled to apply for an export authorisation for such items exhibited abroad. If exhibitor intends to offer that item for sale during exhibition abroad, such sale shall not take place without a valid Authorisation. Note 3: Export of items in Category 2 of SCOMET list may also be controlled by other applicable gui .....

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ion, operation, maintenance and repair of the item. 2.76 Supply of SCOMET Items from DTA to SEZ No export authorisation is required for supply of SCOMET items from DTA to SEZ. However, all supplies of SCOMET items from DTA to SEZ will be reported to the Development Commissioner of the respective SEZ by the supplier in the prescribed proforma [Annexure 1 to Appendix-3 to Schedule 2 of ITC (HS) Classifications of Export and Import Items] within one week of the supplies getting effected. An annual .....

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uired if the SCOMET items are to be physically exported outside the country from SEZ i.e. to another country (Refer Rule 26 of the SEZ Rules, 2006). 2.77 Outreach Programmes on SCOMET Export Control System DGFT in association with Administrative Ministries/ Departments and Trade Associations will organize Industry Outreach Programme on regular basis for an effective awareness among the exporters/ importers dealing with trade, in particular, in SCOMET items. 2.78 Procedure/ Guidelines for filing .....

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e made in ANF 2 P to DGFT (Hqrs.), New Delhi along with documents prescribed therein. These applications shall be considered by an Inter-Ministerial Working Group (IMWG) in DGFT (Hqrs.) based on following guidelines/general criteria: I. Following factors, among others, will be taken into account in the evaluation of applications for entering into an arrangement or understanding for site visits, on-site verification and access to records/ documentation: (a) Purpose for which arrangement / underst .....

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ndia s national security or foreign policy goals and objectives, the objectives of global non-proliferation, or its obligations under treaties to which it is a State party. (d) The assessed risk that the arrangement / understanding could lead to dual-use items and technology falling into the hands of terrorists, terrorist groups and non-State actors. (e) In case site visit, on-site verification or access to records/ documentation is to be carried out by a foreign government or its representative .....

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her country. (h) Assessment of possible links of the foreign parties with terrorist organizations and non-state actors within their own country or in any other country. II. Permission for arrangement or understanding involving site visit, on-site verification or access to records / documentation will be subject to the following conditions: (a) Site visit, on-site verification or access to records /documentation will be confined to the purpose, sites and activity for which permission given/which .....

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this visit and produce the same as and when required to do so by the Government of India. (e) No exchange of goods, services and technologies and any documentation including drawings, specification sheets etc. will take place during the visit. (f) Exporter/importer may be required to give any additional assurance that the Government of India may require. (g) Any other condition that may be stipulated in the permission. III. Provisions of Weapons of Mass Destruction Act, 2005 shall also apply to .....

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the exporter (c) the foreign buyer (d) the consignee or the intermediaries, if any (e) the end user (f) the end use and (g) the country of destination; shall be same. (ii) The permitted quantity against repeat export authorisations shall not be more than 2 times of the quantity in original authorisation, subject to the annual manufacturing capacity of the end user in respect of the relevant product , as certified by the end user. (iii) Only the applications submitted within two years from the da .....

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SCOMET items shall be evaluated/considered by IMWG for 'stock & sale' purpose subject to the following conditions: i Export shall be permitted only from the principal company/the wholly owned subsidiary in India to their subsidiaries/principal company/warehouse abroad on the basis of an EUC from the latter for stock & sale' purposes, when considered appropriate from the point of view of security and other critical consideration. ii (a) For any further transfer of these items .....

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isk Assessment for such within same country sale/transfer. (b) In case of' retransfer by the stockist entity to entity (ies) outside its country the stockist entity shall forward to the Indian applicant/licensee the EUCs from all links in chain of supply for the purpose of submission to licensing authority i.e. DGFT for seeking prior permission for such transfer.] 15[2.79B Export permission for Spare Parts for SCOMET At the request of the applicant, export permission for spare parts covered .....

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aximum upto 12 months from date of expiry of validity. 2.81 Export of Military Stores Export of Military Stores will be permitted against No Objection Certificate (NOC) from Department of Defence Production. The grant of NOC will be governed by the Standard Operating Procedure (SOP) issued for the purpose by Department of Defence Production. 2.82 Time-line for comments/NOC The members of IMWG will endeavour to furnish their written comments/views/No Objection to DGFT within 45 days from the date .....

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s: 9[2.84 Free of Cost Exports for Status holders "Status holders shall be entitled to export freely exportable items on free of cost basis for export promotion subject to an annual limit of ₹ 10 lakh or 2% of average annual export realisation during preceding three licensing years, whichever is lower] 2.85 Admissibility of benefits on payment through insurance cover (I) Payment through ECGC cover would count for benefits under FTP. (II) Payment through General/ Private Insurance comp .....

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d the value (in lieu of e BRC value) in EDI system of DGFT for processing of the case. (b) If the proof of payment issued by the Insurance Agency mentions claim value both in foreign exchange and INR, RA will use the foreign exchange value for processing. If the claim value is mentioned only in equivalent INR, RA will convert this INR value in equivalent US$ using the exchange rate (published by CBEC) applicable on the date of settlement of insurance claim . 2.86 Irrevocable Letter of Credit In .....

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Realization of export proceeds shall not be insisted under Foreign Trade Policy, if the Reserve Bank of India (RBI) or any Authorised Bank (authorised by RBI for this purpose) writes off the requirement of realization of export proceeds on merits and the exporter produces a certificate from the concerned Foreign Mission of India about the fact of non-recovery of export proceeds from the buyer. However, this would not be applicable in self - write off cases. 2.88 Conversion of E.P. copy of shippi .....

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et receipts of his export proceeds. In such cases, offsetting would be equal to realisation of export proceeds and exporter would have to submit following additional documents: (a) Appendix-2L in lieu of Bank Realisation Certificate. (b) Specific permission of RBI. 13[2.89 A Procedure for Implementation of the Track and Trace system for export of drug formulations i. The manufacturer or the exporter of drug formulations will print the barcode as per GS1 Global Standard at different packaging lev .....

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in human readable form on optional basis till further notification. b) Secondary level: Incorporation of one or two dimensional (1D or 2D) barcode encoding unique and universal global product identification code in the format of 14 digits Global Trade Item Number(GTIN) along with batch number, expiry date and a unique serial number of the secondary pack. However, incase of monocartons manufacturer or exporter shall affix bar code on mono carton containing one primary pack on optional basis till .....

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ationship for three levels of packaging i.e. Primary, Secondary and Tertiary packaging and their movement in its supply chain. a) All Manufacturers (SSI & Non- SSI Manufacturers): As one time exemption all manufacturers are exempted from maintenance of Parent-Child relationship in packaging and its uploading on central portal (http://dava.gov.in) till 31.03.2016. However, the requirements of printing of barcoding on the different levels or packaging will be applicable as prescribed. b) Exten .....

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s designated agency before release of the drug formulations for sale or distribution. iv. The responsibility of the correctness, completeness and ensuring timely upload of data on the central portal shall be with the manufacturer or exporter. 16[v. In case, the Government of the importing country has mandated a specific requirement, the exporter has the option of adhering to the same and in such a case, it would not be necessary to comply with the stipulation under sub para (i) to (iv) of Para 2 .....

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tertiary level of packaging will have additional printing of barcode as per Para 2 (i) (c) of this Public Notice in addition to importing country s requirement, if any ] ] vi. Export of drugs manufactured by non-SSI units and having manufacturing date prior to 31.03.2016 and export of the drugs manufactured by SSI units and having manufacturing date prior to 31.03.2017 are exempted from requirement of data uploading on Central Portal. vii. All drugs manufactured by non SSI units with manufactur .....

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ere under and registered as "Drug" with the FDA of importing country. (ii) Primary packaging means the package which is in direct physical contact with the active ingredient. Secondary packaging means a carton containing one or more primary packs and includes a mono carton containing one primary pack. The tertiary packaging means a shipper containing one or more secondary packs. (b) All relevant guidelines regarding grant of specific exemption (s) if any, procedure of data requirement .....

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t product / units manufacturing export product. Agencies authorised to grant Quality Certification: (a) List of such agencies authorised to grant quality certification is given in Appendix-2I (b) For ISO 9000 (Series) and for ISO 14000 (Series), the Agencies accredited with National Accreditation Board for Certification Bodies (NABCB) under Quality Council of India shall be deemed to be authorised under this Policy. List of such accredited agencies is available on the web site www.qcin.org and a .....

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n Appendix 2I may submit their application as per Annexure I to Appendix 2I to the DGFT. ] Export Promotion Council (EPC)/ Commodity Boards: 2.91 Registering Authorities (a) Registering Authority is a body notified by DGFT in this regard to register importers/ exporters as its members by issuing RCMC. (b) The list of notified Registering Authorities is at Appendix-2 T. (c) EPCs acting as the Registering Authorities for RCMC at present will continue to act as Registering Authorities and issue RCM .....

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ng: Electronic Voting would be mandatory for election to the posts of Vice Chairman/Vice President and Executive Committee members with a view to ensuring wider participation. (b) Tenure of Elected Heads: The tenure of an elected head shall not be for more than two years. The election of Chairman/President of the EPC shall be via Vice Chairman/Vice President route. However, any member having held the post of Chairman/President and/or Vice Chairman/Vice President may come back as Vice Chairman/Vi .....

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n-cum-Membership Certificate (RCMC) of EPC concerned, in format given in Appendix 2R, . In case an exporter desires to get registration as a manufacturer exporter, he shall furnish evidence to that effect. (b) Prospective / potential exporters may also, on application, register and become an associate member of an EPC. 2.94 Applying for RCMC (a) While applying for RCMC, an exporter has to declare his main line of business in the application. The exporter is required to obtain RCMC from the Counc .....

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ead office/ registered office in the North Eastern States, RCMC may be obtained from Shellac & Forest Products Export Promotion Council (except for the products looked after by APEDA, Spices Board and Tea Board). (d) In respect of exporters of handicrafts and handloom products from the State of Jammu & Kashmir, Director, Handicrafts, Government of Jammu & Kashmir is authorised to issue Registration Cum Membership Certificate (RCMC). 2.95 Validity Period of RCMC RCMC shall be deemed t .....

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however, may condone delays on merits. (b) Exporter shall furnish quarterly return /details of his exports of different commodities to concerned registering authority. However, status holders shall also send quarterly returns to FIEO in format specified by FIEO. 2.97 De- Registration Registering authority may de-register an RCMC holder for a specified period for violation of conditions of registration. Before such de-registration, RCMC holder shall be given a show cause notice by registering au .....

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rectives of DGFT DGFT may direct any registering authority to register or deregister an exporter or otherwise issue such other directions to them consistent with and in order to implement provisions of FT (D&R) Act, Rules and Orders made there under, FTP or this Handbook. Other General Provisions: 2.100 Identity Cards for Importers /Exporters (a) To facilitate collection of Authorisation and other documents from DGFT Head Quarters and RA, identity cards (as in Appendix 2W valid for 3 years) .....

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mpanies, RA may approve allotment of more than three identity cards per company. In case of loss of an identity card, a duplicate card may be issued on the basis of an self-declaration . RA may issue multiple identity cards, after recording reasons in writing, in cases of Directors/Partners of companies. 2.101 Interview with authorised Officers Officers may grant interview at their discretion to authorised representative of importer / exporter. Interviews /clarifications may also be sought throu .....

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ntext, India s trade agreements may be seen as a measured and calibrated exposure of the Indian economy to international competition. As of October, 2014; India has signed 10 FTAs and 6 limited Preferential Trade Agreements (PTAs). India is also negotiating around 18 other FTAs. (b) The list of the FTAs that have been signed by India are: (i) India - Sri Lanka FTA (ii) Agreement on South Asian Free Trade Agreement (SAFTA) (iii) Revised Agreement of Cooperation between Government of India and Nep .....

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Trade Agreement (APTA) (ii) Global System of Trade Preferences (GSTP) (iii) India - Afghanistan PTA (iv) India - MERCOSUR PTA (v) India - Chile PTA (vi) SAARC Preferential Trading Arrangement (SAPTA) (d) The list of these agreements with the participating countries as well as their entry into force is given in Appendix 2A. 2.104 Unilateral Tariff Preferences Under these schemes, both developed and developing countries grant unilateral tariff preferences to exports from developing countries inclu .....

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lia (only to LDCs) and (x) Switzerland (b) GSP schemes of these countries detail sectors / products and tariff lines under which benefits are available, including conditions and procedures governing benefits. These schemes are renewed and modified from time to time. Normally Customs of GSP offering countries require information in Form A (prescribed for GSP Rules Of Origin) duly filled by exporters of beneficiary countries and certified by authorised agencies. List of agencies authorised to issu .....

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rovided preferential market access on tariff lines that comprise 92.5% of global exports of all LDCs. (b) Subsequently in 2014, the Scheme was modified both with reference to increase in coverage as well as its simplification. This was in response to requests from several LDCs for additional product coverage on lines of of their export interest and simplification of the Rules of Origin procedures. Under the new expanded DFTP Scheme, India is granting duty free access on 96.4% of the total tariff .....

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and (ii) Non preferential 2.106 Rules of Origin (Preferential) (a) The rules of origin are the rules that determine the origin of a good for the purpose of exports to a trading partner. Under an FTA, PTA or a unilateral tariff concession, the tariff concessions are granted by an importing country only when these prescribed rules of origin are adhered to. Rules of origin also facilitate in computation of trade statistics and for determination and imposition of trade remedial measures. (b) Some o .....

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on of eligibility. The list of these agencies authorised under the various FTAs/ PTAs is given in Appendix 2B (d) Export Inspection Council (EIC) is the agency authorised to print blank certificates. The website of the EIC (www.eicindia.gov.in) provides procedural details (including fee) for issuance of the certificate of origin. 2.107 TRQ under FTA/CECA Government, from time to time, undertakes commitments for import under Tariff Rate Quota (TRQ) in various FTA/CECA. Accordingly, DGFT notifies .....

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h January 2007 *2500 MT Desiccated Coconut from Sri Lanka 08011100 - No.2/2007-Customs dated 5th January 2007 *500 MT Articles of apparel and clothing accessories imported from Sri Lanka 61, 62 - 5%/10% 26/2000-Cus List 3 8 million pieces Tea and preparagraphtions thereof imported from Sri Lanka 2101 - 15%/30% 26/2000-Cus List 4 15 million kgs. Vegetable fats (Vanaspati) from Nepal 22/2007-Cus 5th June 2007 1 Lakh MT Acrylic Yarn from Nepal -do- 10,000 MT Copper products from Nepal Chapter 74 of .....

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oduct, the export product can be considered to be originating in India (Non Preferential) only if the imported inputs undergo the processing/ operations that exceed the following: (i) simple operations consisting of removal of dust, sifting or screening, sorting, classifying, matching (including the making-up of sets of articles), washing, painting, cutting; (ii) changes of packing and breaking up and assembly of consignments; (iii) simple cutting, slicing and repacking or placing in bottles, fl .....

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products ; (vii) simple assembly of parts of products to constitute a complete product; (viii) disassembly; (ix) slaughter which means the mere killing of animals; and (x) mere dilution with water or another substance that does not materially alter the characteristics of the products. (b) Government has also nominated certain agencies to issue Non-Preferential Certificate of Origin (CoO). These CoOs evidence origin of goods and do not bestow any right to preferential tariffs. List of notified ag .....

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00 per certificate as may be prescribed by concerned agency. 8[(d). The agency would ensure that goods are of Indian origin as per criteria defined in (a) above before granting CoO (non preferential). Certificate would be issued as per format given in Annexure-II to Appendix 2 E. It should be ensured that no correction/re-type is made on certificate. Any agency desirous of enlistment in Appendix-2 E may submit their application as per Annexure-I to Appendix 2 E to DGFT. ] (e) Non-preferential -S .....

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2015 - DGFT, before it was read as, " Persons importing/exporting goods from/to Nepal, Myanmar through Indo-Myanmar border areas and China (through Gunji, Namgaya Shipkila and Nathula ports), provided CIF value of a single consignment does not exceed Indian ₹ 25, 000. In case of Nathula port, the applicable value ceiling will be ₹ 1, 00,000/-. " 3. Substituted vide Public Notice No. 12/2015-20 Dated 18-5-2015, before it was read as, "2.55 Recognition as Pre-shipment In .....

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lid for three years. However, DGFT has the right to suspend/cancel such a certificate at any time during the 3 year term. At the end of 3 years PSIA has to make a fresh application for further recognition. (e) PSIA shall issue Pre-Shipment Inspection Certificate (PSIC) in the format given in Appendix 2H. (f) A PSIA can carry out inspections in countries within its area of operation, where it does not have a full time equipped branch office, by deputing its Inspectors. However, for such inspectio .....

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tion. (b) The importer and exporter would be jointly and severally responsible for ensuring that the material imported is in accordance with the declaration given in paragraph 2.55 of Handbook of Procedures. They shall also be responsible for import of any material in contravention of the declaration as required under Paragraph 2.55 of Handbook of Procedures and would be liable to pay penalty up to ₹ 10 Lakh. (c) The scanned copy of the PSIC (in pdf format) shall be uploaded by the PSIA on .....

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nd sealing of the same (vii) the carriage and its registration number on which the container is loaded (viii) the process of signing of the PSIA certificate by the authorised person. (e) The video clip and PSIC will be uploaded on DGFT website by PSIA, through digital signatures. These would be available to the concerned customs authorities to view & verify the same. Till such time the DGFT website link is operationalised, the PSIC and video clip will be e-mailed (psia-dgft@nic.in) to the DG .....

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follows: (a) Primary Level: Incorporation of two dimensional (2D) barcode encoding unique and universal global product identification code in the format of 14 digits Global Trade Item Number (GTIN) along with batch number, expiry date and a unique serial number of the primary pack. The bar code labelling at primary level is exempted till further notification, however the above mentioned details are required to be printed in human readable form. (b) Secondary Level: Incorporation of one or two di .....

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l Shipping Container Code (SSCC)] of the Tertiary pack. (ii) The manufacturer shall maintain the data in the parent-child relationship for all three level of packaging i.e. Primary, Secondary and Tertiary and their movement in its supply chain. (iii) The data mentioned in (ii) above, shall be uploaded on the central portal of the Government of India by the manufacturer or its designated agency before release of the drugs for sale or distribution. (iv) The responsibility of the correctness, compl .....

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ng of barcode as per (i)(c) above in addition to importing country s requirement, if any. (v) The exports of the drugs having manufacturing date prior to 01.04.2015 will be exempted for requirement of barcode labelling and data uploading on central portal. (vi) The drugs with manufacturing date on or after 01.04.2015 will compulsorily carry barcode on tertiary and secondary packages as per the Notification No. 68 dated 06.08.2014. However the requirement of data uploading on central portal will .....

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including a mono carton and tertiary packaging means a shipper containing multiple secondary packs. (b) Separate guidelines shall be issued for data requirement, maintenance and upload on central portal.]" 5. Substituted vide PUBLIC NOTICE NO 16/2015-2020 dt. 04th June, 2015 before it was read as, "(A) R&D Equipment for Pharmaceuticals and Bio- technology Sector (i) Duty free import of goods (as specified in list 28 of Customs notification No.21/2002 dated 1.3.2002, as amended fro .....

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or above during preceding licensing year." 7. Substituted vide PUBLIC NOTICE NO 16/2015-2020 dt. 04th June, 2015 before it was read as, "2.59 Services of Inspection and Certification Agencies Customs or any other Central or State Government authority may avail of services of Inspection and Certification Agencies in Appendix 2G of the Appendices and Aayat Niryat Forms, for certifying residual life as well as valuation / purchase price of capital goods." 8. Substituted vide PUBLIC .....

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tuted vide PUBLIC NOTICE NO. 18/2015-2020 New Delhi, 04th June, 2015, before it was read as, "2.84 Free of Cost Exports for status holders Status holders shall be entitled to export freely exportable items on free of cost basis for export promotion subject to an annual limit of ₹ 10 lakh or 2% of average annual export realisation during preceding three licensing years whichever is higher." 10. Inserted vide Public Notice No. 23/2015-20 New Delhi: Dated 30th June 2015 11. Substitu .....

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Substituted vide PUBLIC NOTICE NO. 45/2015-2020, DATED THE 9 November, 2015 before it was read as, " Any agency desirous of enlistment in Appendix 2I may submit their application as per Annexure I to Appendix 2I to concerned RA. " 13. Substituted vide Public Notice No. 52/2015-2020, Dated the 5 January, 2016, before it was read as, "4[2.89 A Procedure for Implementation of the Track and Trace system for export of drug formulations (i) The manufacturer or the exporter of drug form .....

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l further notification; however, the above mentioned details are required to be printed in human readable form on optional basis till further notification. (b) Secondary Level: Incorporation of one or two dimensional (1D or 2D) barcode encoding unique and universal global product identification code in the format of 14 digits Global Trade Item Number (GTIN) along with batch number, expiry date and a unique serial number of the secondary pack. However, manufacturer or exporter shall affix bar cod .....

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for three levels of packaging i.e. Primary, Secondary and Tertiary packaging and their movement in its supply chain. However, maintenance of parent-child relationship between primary and secondary packaging is optional till further notification. (iii) The data mentioned in (ii) above shall be uploaded on the central portal of the Government of India by the manufacturer or exporter or its designated agency before release of the drug formulations for sale or distribution. (iv) The responsibility o .....

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f DCGI or its nominee. However, the tertiary level of packaging will have additional printing of barcode as per (i)(c) above in addition to importing country s requirement, if any. (vi) The exports of the drugs having manufacturing date prior to 01.10.2015 will be exempted from requirement of data uploading on central portal. (vii) With effect from 01.10.2015, all drugs with manufacturing date on or after 01.10.2015 can be exported only if both the tertiary and secondary packaging carry barcodin .....

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