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GENERAL PROVISIONS REGARDING EXPORTS AND IMPORTS

Chapter 2 - Procedure - Foreign Trade Procedure - Foreign Trade Procedure 2015-2020 (From 5-12-2017 to 31-3-2020) Revised - 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 / E .....

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). (b) Applicants may ensure while submitting documents that documents are either 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 specif .....

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fund of fee and categories of persons exempted from payment of fee are provided 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 F .....

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s from/to Nepal; Bhutan and Myanmar (through IndoMyanmar border areas) does not exceed Indian ₹ 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, Organi .....

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E All Departments of any State Government and agencies wholly or partially owned by them. 3 DCUNO0137E Diplomatic personnel, Counsellor officers in India and officials of UNO and its specialised agencies. 4 IABBR0145E Indians returning from / going abroad and claiming benefit under Baggage Rules. 5 IIHIE0153E Persons /Institutions /Hospitals importing or exporting goods for personal use, not connected with trade or manufacture or agriculture. 6 IIEGN0161E Persons importing/exporting goods from / .....

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ed NGOs importing goods, which have been exempted from Customs duty under Notification issued by Ministry of Finance for bonafide use by victims affected by natural calamity. 12 IIEGC1134E Persons importing/exporting permissible goods as notified from time to time, from /to China through Gunji, Namgaya Shipkila and Nathula ports, subject to value ceilings of single consignment as given in Paragraph 2.07 (iv) above. 13 NCIEE1169E Non-commercial imports and exports by entities who have been author .....

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site documents. 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 of IEC for EOUs / SEZs An IEC will r .....

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nded 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 the IEC and electronically transmi .....

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jurisdiction is given in Appendix 1A. (b) An application for modification may be made for change in details like name, address, constitution, ownership in Proprietorship firms, change in nature of the firm e.g. from proprietorship to partnership etc. (c) RAs shall consider applications seeking modification in IEC, involving change in PAN, by ensuring that liabilities of the previous applicant/applicant firm are transferred to the new applicant/applicant firm whose PAN will be reflecting in the m .....

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volves 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. The new RA shall make appropriate amendments, based on documents submitted to it by the applicant. The new RA will also separately inform the RA, who had initially issued the IEC, of the changes made in the concerned IEC. Thereafter, the new RA shall allow the applicant to carry out necessary functions and also apply for elig .....

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ons seeking any benefit from any authority, by claiming status as manufacturer exporter, have to prove its credence for the same independently to that authority. Issue of Authorisation: 2.16 Validity period of Authorisation/ Licence / Certificate / Authorisation / Permissions / CCPs (a) Validity period of Import / Export Authorisations from the date of issue shall be as follows, unless specified otherwise: Sr.No Type of Authorisation Validity Period (i) Export Authorisation for restricted (Non S .....

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(for non-SCOMET items) and Inter Ministerial Working Group (IMWG) (for SCOMET items) may approve the grant of Export Authorisation for a shorter / longer duration in specific cases to meet contractual obligations/delivery schedule or on specific recommendation of the concerned Technical / Administrative Ministry / Department / or any other agency. (b) DGFT may decide to issue specific authorisation/ class of authorisations for a longer/shorter validity period. Any extension /revalidation in such .....

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, Let Export Order (LEO) date shall be the date of reckoning of export. 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 and .....

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less validity has expired while in custody of Customs Authority / RA / Government Authority. (d) Revalidation of Authorisation/Duty Credit Scrip shall also be allowed without charging any fee for the period of delay (the period for which authorisation/scrip holder was unable to utilise the same) or six months, whichever is less, due to the following reasons: (i) If Authorisation/Scrip or any amendment thereof could not be transmitted to Customs Server within fifteen working days from the date of .....

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12 months on 01.04.2017. It was transmitted to Customs server on 01.04.2017 by DGFT server but it is accepted by Customs server on 31.10.2017. So the Authorisation holder loses 7 months (still 5 months validity is left). In such a case, RA shall allow revalidation for a period of 6 months (validity of 5 months is subsumed) from the date of endorsement. The applicant shall submit request for endorsement of Authorisation/Scrip along with screen shot of DGFT server as well as Customs Server in supp .....

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ecific 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, may be made to RA concerned. RA would consider such application as per FTP/ HBP. Where DGFT is concerned authority, original application shall be submitted to RA concerned and self-attested copy of same shall be submitted to DGFT. Procedure for issuing Duplicate copies: 2.23 Duplicate copies of Exp .....

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ion 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 cases, revalidation shall be for six months from date of endorsement .....

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ed 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 case of indigenous sourcing, Authorisation holder shall furnish .....

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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 received in advance and export / deemed export takes place subse .....

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of Documents: 2.33 Issuance of scrips against lost EP copy of the Shipping Bills Where EP copy of Shipping Bill 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 in lieu of original; (ii) An application fee equivalent to 2% of relevant entitlement. However, no fee shall be charged when such document is lost by Government agencies and a documentar .....

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t lost copy of shipping bill Claim against lost Shipping Bill shall be preferred within a period of six months from date of release of duplicate copy of Shipping Bill. Any application received thereafter shall be rejected. 2.35 Submission of Certified Copies of Documents Wherever original documents have been submitted to a different RA/nominated agencies or to a different division of same RA, applicant can furnish photocopy of documents duly certified by him in lieu of original. Warehousing Faci .....

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r 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 in respect of such goods; and order for export of such goods has been made by competent customs authorities. Certificates: 2.37 Free Sale and Commerce Certificate (a) (i) RAs may issue, on .....

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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 date of issue unless otherwise specified. (ii) An application for grant of Free Sale and Commerce Certificate for these items may be made to RA concerned as per format in ANF 2H of Append .....

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nder 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 export authorisation based on import certificate issued in India. The following are designated Import Certificate Issuing Authorities (ICIA): (i) Department of Electronics (DoE), for compu .....

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all 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 authorisation in respect of items mentioned as restricted in ITC (HS) and an import authorisation will have to be obtained for such items. (d) India s import and export with regard to USA .....

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ated; 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 /export of such items shall be allowed only through EDI enabled ports of India. Imports: 2.40 Import of Consumer or Other goods as Gifts (a) In terms of provisions contained in Paragraph 2.25 .....

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t 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 passenger ticket forms without a CCP. 2.42 Import of Reconditioned/ Second Hand Aircraft Spares Import Authorisation for reconditioned / second hand aircraft spares is not needed on recomme .....

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ed 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 months; and (b) No remittance shall be allowed except for payment of insurance and freight charges where replacement of goods by foreign suppliers is subject to payment of insurance and / .....

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(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 office equipments and other items may be imported without Authorisation. 2.46 Import of Ammunition by Licensed /Authorised Arms Dealers (a) Import of following types of ammunition are allowed .....

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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 minimum of ₹ 2000. (c) An application for grant of an Authorisation for items listed above may be made to RA in ANF 2M along with documents prescribed therein. 2.47 Duty Free Imports fo .....

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units not registered with jurisdictional Customs authority shall be allowed to give Installation Certificate issued by an independent Chartered Engineer. (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 during preceding licensing year, shall be allowed to agro chemicals sector unit having export turnover of ₹ 20 crore or above during preceding licensing year. (ii) Th .....

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ssary 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 supporting documents shall be furnished with request for grant of permission for transfer, to RA concerned: (i) Reasons for transfer of imported material; (ii .....

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al 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, subject to condition that transferee fulfils conditions as in Arms Act and Rules thereunder. (v) for transfer of weapon/s (firearm/s) imported by a Renowned Shooter (as defined i .....

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ate 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 with documents prescribed therein. Original application along w .....

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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. Authorisation holder shall register the import authorisation at the port specified in the Authorisa .....

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ency(ies) with no divergence in views, authorisation shall be issued with the approval of Chairman, EFC and the case shall be brought before EFC in its subsequent meeting for approval on expost facto basis. 2.52 Import of Restricted items required by Hotels, Restaurants, Travel Agents, 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 .....

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er units for tourism, like adventure/ wildlife and convention units, recognized by Director General of Tourism, Government of India, shall be entitled to import authorisation up to a value of 10% of foreign exchange earned by them during preceding licensing year, for import of essential 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. .....

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of an Authorisation under paragraphs 2.52 (a) and 2.52 (b) may be made in ANF 2 M to DGFT through Director of Tourism, Government of India who will forward application to RA concerned along with their recommendations. 2.53 Import of Restricted items for R&D by units of Government 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 .....

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em description 1. 720410 00 Waste and scrap of cast iron 2. 72042190 Other 3. 72042920 Of High speed steel 4. 72042990 Other 5. 72043000 Waste and scrap of tinned iron or Steel 6. 72044100 Turnings, shavings, chips, milling waste, saw dust, fillings, trimmings and stampings, whether or not in bundles. 7. 72044900 Other 8. 72045000 Re-melting scrap ingots 9. 74040012 Copper scrap 10. 74040022 Brass scrap 11. 75030010 Nickel scrap 12. 76020010 Aluminium scrap 13. 79020010 Zinc scrap 14. 80020010 T .....

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s not contain radiation level (gamma and neutron) in excess of natural background. The certificate shall give the value of background radiation level at that place as also the maximum radiation level on the scrap; and (ii) Importer shall also furnish copy of the contract with 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-shredd .....

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rial in any form either used or otherwise, and that the consignment was checked for radiation level and it does not contain radiation level (gamma and neutron) in excess of natural background. The certificate shall give the value of background radiation level at that place as 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 c .....

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45 Tuticorin, 11.Vishakhapatnam, 12.Pipava, 13.Mundra, 14. Kolkata and 15 Krishnapatnam.] (v) Only entry sea ports will be designated and notified for import of un- shredded Metallic Waste and Scrap subject to the following: (i) Any sea port to be designated for import of un-shredded metallic scrap will be required to install Radiation Portal Monitors and Container Scanner with adequate security. The sea port having completed the above shall approach jurisdictional Customs for inspection and cer .....

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ll and operationalize Radiation Portal Monitors and Container Scanner. Such sea ports which fail to meet the deadline will be derecognised for the purpose of import of un-shredded metallic scrap w.e.f 1.11.2018.] (iii) Further, any ICD can handle clearance of un-shredded metallic scrap provided the same passes through any of the designated sea ports as mentioned above or any new ports to be notified/designated from time to time, where Radiation Portal Monitors and Container Scanner are in operat .....

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nai, Tuticorin, Kandla, JNPT, Mumbai and Krishnapatnam. Consignments from these five countries / region will be accompanied by certificate from the supplier/scrap yard authority to the effect that it does not contain any radioactive materials/ explosives. These will however be subject to radiation and explosive checks through portal monitors and container scanner at these ports. Transshipments through these countries /regions will not be allowed this facility. Import through all other ports incl .....

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ost. (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 Committee. (d) The recognized PSIAs will be notified under Appendix 2G for a period of three years. At the end of 3 years PSIA has to make a fresh application for further recognition. (e) PSIA shall issue Pre-Shipment Inspection Certific .....

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done by the Inspector in PSIC. (g) The applicants may submit their applications initially without bank guarantee, as required under S.No.9 of ANF-2L. Their applications would not be rejected only on the ground of nonsubmission of bank guarantee. Applicants would, however, be required to submit bank guarantee or an equivalent financial instrument, before they are notified as PSIA, by the competent authority, as per FTP/HBP 2015-20. 2.56 Responsibility and Liability of PSIA and Importer (a) In cas .....

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under Foreign Trade (Development & Regulation) Act, 1992, as amended. (c) The scanned copy of the PSIC (in pdf format) shall have to be uploaded by the PSIA 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 .....

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tograph or video clipping per container) (e) The photographs and/or video clippings [as per 2.56 (d) above] and PSIC shall be uploaded on DGFT website by PSIA, through digital signatures or sent to psicdgft@gov.in through registered e-mail of PSIA. Till such time the DGFT website link is operationalized, the PSIC and photographs/videos will be emailed to the DGFT (at psicdgft@gov.in). 2.57 Import of other kinds of metallic waste and scraps Import of other kinds of metallic waste and scrap will b .....

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. Tariff Rate Quota Scheme: 2.60 Procedure for import under the Tariff Rate Quota Scheme Attention is invited to Government of India, Ministry of Finance (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) ( .....

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s Sl. No.7 Maize (corn), other than seed quality 100590 15/60 0/50 12/12-Cus Sl. No. 37/38 5,00,000 Crude sunflower seed oil and safflower seed oil 151211 50/300 50/75 12/12-Cus Sl. No. 60/61 1,50,000 Rape, colza or mustard oil 151419 45/75 45/10 12/12-Cus Sl. No. 64/66 1,50,000 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 15,000 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-C .....

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Corporation Limited (STCL). (b) Maize (corn)(Tariff Code No. 1005.90): National Agricultural Cooperative Marketing 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 .....

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tions as detailed below: (i) All eligible entities desiring availment of quota as mentioned above, may make 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 maiz .....

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quota among applicants by 31st March of each financial year preceeding to year of quota. Exhibits and Samples: 2.63 Exhibits Required for National and International Exhibitions or Fairs and Demonstration (a) 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, sha .....

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also be made, without an Authorisation within bond period allowed for reexport, on payment of applicable 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 reexport on payment of applicable customs duties. (c) If goods brought for exhibition are not re-exported or sold within bond period due to circumstan .....

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exporters shall be allowed as per terms and conditions of Customs Notification. 2.66 Exports of Samples / 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 item .....

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ew capacities in respect of items reserved for small scale sector, subject to condition that they obtain 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/ai .....

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olders), (b) Copy of Foreign Inward Remittance Certificate (FIRC) as per Form 10-H of Income Tax department 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 (a) An application for grant of Export Authorisation in respect of restricted items [other than Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET)] mentio .....

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se (including by terrorists and non-state actors), the export of such an item may be denied or permitted subject to the grant of a license, as per the procedure provided for SCOMET items in Paragraph 2.73. Note: Military use shall mean incorporation into items listed in SCOMET Categories 5D or 6 or for the use, development, or production of military items listed in these categories. 2.73 Application for SCOMET Authorisation (a) An application for grant of Export Authorisation in respect of SCOME .....

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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 intermediary/consignee (if they are different from the foreign buyer & end user), which is/are to be submitted in hard copy to SCOMET Section of DGFT (HQ), besides electronic submission. (c) Maintenance of Records: Every SCOMET authorisation holder shall .....

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COMET list or a commodity classification request; g) Shipping documents including shipping bill, bill of entry and bill of lading. 2.74 Inter Ministerial Working Group An Inter-Ministerial Working Group (IMWG) in DGFT (Hqrs.) shall consider applications for export of SCOMET items as specified in Appendix-3 to Schedule 2 of ITC (HS) Classifications of Export and Import Items based on following guidelines: I. Applications for Authorisation to export items or technology on SCOMET List are considere .....

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l treaties/Agreements to which it is a State party. (b) Assessed risk that exported items will fall into hands of terrorists, terrorist groups, and non-State actors; (c) Export control measures instituted by the recipient State; (d) Capabilities and objectives of programmes of the recipient State relating to weapons and their delivery; (e) Assessment of end-use(s) of item(s); (f) Applicability of provisions of relevant bilateral or multilateral Agreements and Arrangements, to which India is a pa .....

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onsent of Government of India; (b) Neither the items nor replicas nor derivatives thereof will be retransferred without consent of Government of India; (c) End-user shall facilitate such verifications as are required by Government of India. III. The end-user certificate will indicate the name of the item to be exported, the name of the importer, the specific end-use of the subject goods and details of Purchase Order/Contract. IV. Government of India may also require additional formal assurances, .....

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osive 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 mutually agreed controls on transferred items. (b) Licensing authority for items in Category 6 in Appendix 3 to Schedule 2 of ITC (HS) is Department of Defence Production. Export of items in Category 6 is governed by the extant Standard Operatin .....

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export of items in SCOMET List (other than those under Category 0, 1 and 2) solely for purposes of display or exhibition shall not require any end-use or end-user certification. However, no export Authorisation for display or exhibition shall be issued for Technology in any category. IMWG would seek comments from technical agencies as deemed necessary. 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 releva .....

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in the IMWG and subsequently, NOC(s) has / have been received from all concerned agencies with no divergence in views, authorisation shall be issued with the approval of Chairman, IMWG and the case shall be brought before IMWG in its subsequent meeting for approval on ex-post facto basis. Case(s) where a decision could not be arrived at in IMWG shall be placed before Director General of Foreign Trade for appropriate decision on grant of authorization. 2.75 Applicability of WMD Act Export of item .....

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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 guidelines issued from time-to time. Note 4: Exporters are entitled to request that only such conditions need be imposed as are subject of government-to-government instruments of accord over expor .....

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lies 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 report of such supplies from DTA to SEZ shall be sent to SCOMET Section, DGFT (Hqrs), Department of Commerce, Udyog Bhawan, Maulana Azad Road, New Delhi110011, by the Development Commissioner ( .....

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trol 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 / Evaluation of Applications for Entering into an Arrangement or Understanding for Site Visits, On-site Verification and Access to Records / Documentation An application for entering into an arr .....

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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 / understanding is proposed under which site visit or on-site verification or access to records/documentation is to be undertaken. (b) Credentials and details of the parties involved. (c) Credentials of .....

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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(s), the following shall be taken into consideration :- (i) Export control measures instituted by the foreign government; (ii) Capabilities and objectives of programs of the foreign government r .....

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ement or understanding involving site visit, onsite 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 have been mentioned in the authorisation. (b) Site visit, on-site verification or access to records/ documentation will be allowed only to individuals mentioned in the authorisation. (c) Site vis .....

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ion 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 an arrangement or understanding that involves site visit, on-site verification or access to records/ documentation. IV. Any violation of any condition of the license shall invite civil/ criminal .....

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mediaries, 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 date of approval by IMWG of the original SCOMET authorisation will .....

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n principal/wholly owned subsidiary. The Stockist entity should be a subsidiary/principal company abroad of the Indian exporter. Applications for grant of authorization for export of SCOMET items for 'Stock & Sale' purpose shall be evaluated/considered by IMWG subject to the conditions prescribed as under: a) Application for Authorization for Export of SCOMET items for Stock & Sale purpose to the Stockist i. Export shall be permitted only from the principal company/the wholly own .....

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hip between exporter and stockist entity needs to be submitted at the time of application. ii. The Stock & Sale Authorization holder would submit a statement of exports made from India, inventory with the stockist and transfers made to final end-users as on December 31st of each calendar year by 31st January of the following year. A consolidated statement would be required to be submitted within a period of 3 months from the expiry of the Stock & Sale Authorization. iii. The items export .....

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in any category. (b) Application for permission for re-export/re-transfer from Stockist to Ultimate end-user(s) (i) Applications for re-export/re-transfer of items from the stockist entity to the end-user to be submitted to DGFT(Hq) as per ANF 2O(a) along with the following documents (hereinafter referred to as required documents):- a) End-use/End-user certificate from each link in the supply chain as per Appendix- 2S (i)/2S(ii), as applicable b) Purchase Order(s)/Invoice(s) c) Technical specif .....

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applicant/licensee for the purpose of submission to DGFT(Hq) for seeking prior permission for such transfer. The IMWG may, however, relax this requirement of prior permission based on a Risk Assessment for such within same country sale/transfer. b) In case of same country sale/transfer by the stockist entity, where IMWG has agreed to relax the requirement of prior permission, the required documents shall be submitted by the Indian applicant/licensee within 3 months of any such transfer. In such .....

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the stockist entity to the Indian applicant/licensee, with the required documents from all links in chain of supply for the purpose of submission to DGFT(Hq) for seeking prior permission for such transfer. (iv) Applications for re-export/re-transfer of SCOMET items from the stockist entity to the end-user for repeat orders shall be considered by IMWG on automatic basis, subject to the condition that the product along with the technical specifications; the foreign buyer; the consignee or the inte .....

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ication for main equipment after judicious and reasonable assessment thereof, and provide the justification for the same. 2.80 Revalidation of SCOMET authorisation Export license for SCOMET items may be revalidated by RA concerned as per para 2.20 (b) of HBP. 2.81 Export of SCOMET Category 6 items Notwithstanding anything contained in Paragraphs 2.73 to 2.80, Export of SCOMET Category 6 items will be permitted against an authorisation issued by Department of Defence Production. The grant of auth .....

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ough State Trading Enterprises (STE): 2.83 Export of Items under (STE) An application under ANF 2N for export of items mentioned in ITC (HS), 2012 under STE regime may be made to DGFT as per paragraph 2.20 of FTP. Provisions for exporters/other provisions for doing trade and business: 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 aver .....

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s shall not be entitled to Duty Drawback or any other export incentive under any export promotion scheme. 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 companies: Amount of Insurance Cover for transit loss by General Insurance and Private Approved Insurance Companies in India would be treated as payment realized for exports under various export promotion schemes. .....

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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[***] 2.87 RBI write-off on export proceeds realization 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 th .....

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has not been availed, exporter would be entitled to benefit under scheme in which shipment is subsequently converted. 2.89 Offsetting of Export Proceeds Subject to specific approval of RBI, any payables, or equity investment made by an Authorisation holder under any export promotion scheme, can be used to offset 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 .....

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al 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 also provided under Appendix 2I (c) The agencies for ISO (9000) Series & ISO 14000 Series have been accredited on further classification of: (i) Quality Management System(QMS)http://www.qcin.org/nabcb/accreditation/reg.bod qms.php for Quality Management Systems (ii) Environment .....

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exporter of drug formulations will print the barcode as per GS1 Global Standard at different packaging levels to facilitate tracking and tracing of their products. The details are as 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 labeling at primary le .....

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facturer or exporter shall affix bar code on mono carton containing one primary pack on optional basis till further notification. c) Tertiary Level: Incorporation of one dimensional (1D) 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 tertiary pack i.e. Serial Shipping Container Code (SSCC). ii. Parent-Child Relationship for SSI and Non-SSI Ma .....

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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. 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) above and if an exporter is seeking to avail such exemption from bar coding prescrib .....

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n to importing country s requirement, if any. 4[vi. Export of drugs manufactured by SSI and non-SSI units and having manufacturing date on or before 15.11.2018 are exempted from maintenance of data in the Parent-Child relationship for three levels of packaging and its uploading on Central Portal(http://dava.gov.in). vii. All drugs manufactured by SSI or non SSI units and having manufacturing date after 15.11.2018 can be exported only if both tertiary and secondary packaging carry barcoding as ap .....

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eans a carton containing one or more primary packs and includes a mono carton containing one primary pack. (iv) 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 / maintenance / upload on central portal and clarifications issued under this notification etc. will be available on the central portal i.e. http://dava.gov.in (c) It will be the responsibility of the drug .....

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will continue to act as Registering Authorities and issue RCMC to their members till 31st March, 2016. EPCs wishing to continue as Registering Authority for their product group thereafter shall have to comply and fulfil the conditions as specified in Paragraph 2.92 below before 31st March, 2016. 2.92 Criteria for EPCs as Registering Authorities In order to make the EPCs truly democratic and participative in nature and for better governance and transparency, the criteria for them to function as R .....

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ice Chairman/Vice President may come back as Vice Chairman/Vice President in the same council after a gap of not less than 4 years. (c) Directions of the Central Government: EPCs acting as the Registering Authorities shall abide by all directions of the Central Government in respect of promotion and development of international trade. 2.93 Registration- cum- Membership Certificate (RCMC) (a) An exporter may, on application given in ANF 2C register and become a member of EPC. On being admitted to .....

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ion. The exporter is required to obtain RCMC from the Council which is concerned with the product of his main line of business. (b) In case an export product is not covered by any Export Promotion Council/Commodity Board etc., RCMC in respect thereof is to be obtained from FIEO. Further, in case of multi product exporters, not registered with any EPC, where main line of business is yet to be settled, the exporter has an option to obtain RCMC from Federation of Indian Exporters Organization (FIEO .....

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(RCMC). 2.95 Validity Period of RCMC RCMC shall be deemed to be valid from 1st April of licensing year in which it was issued and shall be valid for five years ending 31st March of the licensing year, unless otherwise specified. 2.96 Intimation Regarding Change in Constitution of Business of RCMC holder (a) In case of change in ownership, constitution, name or address of an exporter, it shall be obligatory on part of RCMC holder to intimate such change to registering authority within a period of .....

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older shall be given a show cause notice by registering authority, and an adequate and reasonable opportunity to make a representation against the proposed de-registration. Upon de- registration, concerned EPC shall intimate the same to all RAs. 2.98 Appeal Against De-registration A person aggrieved by a decision of registering authority in respect of any matter connected with issue of RCMC may prefer an appeal to DGFT or an officer designated in this behalf within 45 days against said decision .....

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d RA, identity cards (as in Appendix 2W valid for 3 years) may be issued to proprietor/ partners / directors and authorised employees (not more than three), of importers and exporters, upon application in ANF 2B (b) In addition, Identity Card may also be issued by the applicant firms on their letterhead to the concerned employees. These Identity Cards may be countersigned by the concerned RA. However, application for identity card in ANF 2 B will require to be made by the applicant and all other .....

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porter. Interviews /clarifications may also be sought through E-mails. 2.102 Authorised signatory Any communication from the Exporter/Importer to DGFT s office including the RA s must have the name, signature, email id of the person duly authorised by the firm/company to send such communications. Preferential Trade Agreements: 2.103 Free Trade Agreements (FTAs)/ Preferential Trade Agreements (PTAs) (a) India has always stood for a transparent, equitable, inclusive, predictable, non-discriminator .....

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reement of Cooperation between Government of India and Nepal to control unauthorised trade (iv) India - Bhutan Agreement on Trade Commerce and Transit (v) India - Thailand FTA - Early Harvest Scheme (EHS) (vi) India - Singapore Comprehensive Economic Cooperation Agreement (CECA) (vii) India - ASEAN CECA (Goods, Services and Investment) (viii) India - South Korea Comprehensive Economic Partnership Agreement (CEPA) (ix) India - Japan CEPA (x) India - Malaysia CECA (c) The list of Preferential Trad .....

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iff preferences to exports from developing countries including Least Developed Countries (LDCs). Some of these schemes are: (A) Generalised System of Preferences (GSP): (a) GSP is a non-contractual instrument by which industrialized (developed) countries unilaterally and based on nonreciprocity extend tariff concessions to developing countries. Following countries extend tariff preferences under their GSP Scheme: (i) United States of America (ii) New Zealand (iii) Belarus (iv) European Union (v) .....

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authorised agencies. List of agencies authorised to issue GSP CoO is given in Appendix-2 C. (c) The European Union (EU) has introduced a self-certification scheme for certifying the rules of origin under GSP from 1.1.2017 onwards. Under the Registered Exporter System (REX) being introduced from 1.1.2017, exporters with a REX number will be able to self-certify the Statement on Origin of their goods being exported to EU under the GSP Scheme. The registration on REX is without any fee or charges .....

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his facility to LDCs through its Duty Free Tariff Preference (DFTP) Scheme for LDCs which came into effect in August, 2008 with tariff reductions spread over five years. The Scheme provided 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 .....

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n (CoO) (a) Certificate of Origin (CoO) is an instrument to establish evidence on origin of goods imported into any country. (b) There are two categories of CoO viz. (i) Preferential 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 pre .....

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ovide services relating to issue of CoO, including details regarding rules of origin, list of items covered by an agreement, extent of tariff preference, verification and certification 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 certifica .....

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1000, 15171010, 15179030 and 15180040 which are prohibited for import) - No.2/2007- Customs dated 5th January 2007 *2,50,000 MT Pepper from Sri Lanka 0904 - No.2/2007-Customs dated 5th 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 preparagrap htions thereof imported from Sri Lanka 2101 - 15%/30% 26/ .....

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y the exporting entity as per the definition of Manufacture in Paragraph 9.31 of FTP; and (II) If imported inputs (Duty Paid or Duty Free) have been used for the production of export product, 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 s .....

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queous solutions, removal of damaged parts, and like operations); (v) affixing of marks, labels or other like distinguishing signs on products or their packaging; (vi) simple mixing of 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 nomin .....

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of quantum / origin of inputs / consumables used in export product. (ii) Two copies of invoices. (iii) Packing list in duplicate for concerned invoice. (iv) Fee not exceeding ₹ 100 per certificate as may be prescribed by concerned agency. (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 correctio .....

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me are provided in Appendix 2F of AANF. Policy Interpretation and Relaxations: 2.110 Application to PIC Application for seeking interpretation of any policy provision shall be made in ANF-2F to Policy Interpretation Committee (in the Hqrs.) under Para 2.57(b) of FTP. 2.111 Application to PRC (a) Application to the Policy Relaxation Committee (PRC) under Para 2.58 FTP is to be made in ANF-2D with the prescribed fee and documents with a copy to the RA concerned for its comments. Similarly, under P .....

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quired. ******************** Notes:- 1. Substituted vide PUBLIC NOTICE NO. 58/(2015-2020) - Dated 05-02-2018, before it was read as, "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 RA concerned under whose jurisdiction the applicant exists. On the basis of this request, the RA (Custodian of the IEC File till now) will proces .....

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vocable letter of credit (or bill of exchange which is unconditionally Avalised / Co-Accepted / Guaranteed by a bank) and this is confirmed and certified by exporter s bank in relevant Bank Certificate of Export and Realization, payment of export proceeds shall be deemed to have been realized. For Status Holders, irrevocable letter of credit would suffice." 3. Substituted vide PUBLIC NOTICE NO. 70/2015-2020 - Dated 28-03-2018, before it was read as, "(ii) The existing designated sea po .....

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