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GENERAL PROVISIONS REGARDING EXPORTS AND IMPORTS

Chapter 2 - Procedure - Foreign Trade 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 .....

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nts 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 specified, shall be submitted to jurisdictional RA . 2.05 Incomplete Appl .....

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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 Foreign Trade (Exemption from application of Rules in certain cases) .....

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as) 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, Organisms, Materials, Equipments and Technologies (SCOMET) as listed in A .....

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rtially 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 /to Nepal 7 IIEGM0170E Persons importing / exporting goods from / to .....

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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 authorised by Reserve Bank of India. 2.08 Application for IEC (a) Exporte .....

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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 remain valid irrespective of a firm s status as a DTA unit or an EOU .....

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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 transmit it to DGFT and Customs authorities. 2.14 Modification of IEC (a) .....

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cation 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 modified IEC. RAs must also share the modified IEC, with the changed .....

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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 process such requests and amend IEC, if found appropriate, under intimation to the RA under whose jurisdiction the applicant wants transfer. The new RA shall allow the person in its new address to carry out necessary functions and also apply for eligible benefits as per FTP. 2.15 Profile of Importer / Exporter (a) ANF-1 con .....

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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 SCOMET) goods 12 months (ii) Export Authorisation for SCOMET items 24 months (iii) Import Authorisations fo .....

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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 cases to be allowed only by DGFT. 2.17 Date of reckoning of Import / Export (a) Date of reckoning of impo .....

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cence 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 SCOMET items (a) RA concerned may revalidate import authorisation on merits for six months from date of e .....

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ion 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 issue/amendment; (ii) If Authorisation/Scrip rejected by Customs server with error Code; (iii) If request .....

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ted 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 support of his claim. RA shall verify the same before revalidation is allowed. However, request must be made t .....

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dy 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 Export / Import Authorisation Where an Authorisation/ Permissions/ CCPs / Licence / Certificate / is lost or .....

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porting 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. 2.26 Mechanism for issuing duplicates RA concerned shall obtain a report regarding utilization of such A .....

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nce 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 BG/ LUT to RA as per Customs Circular No.58/2004 dated 31.10.04, as amended from time to time. In case, th .....

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arding 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 subsequently, application for an Authorisation shall be filed within specific period following the month during .....

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g 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 documentary proof to this effect is submitted (iii) Self-declaration by exporter about loss of document and an under .....

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nths 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 Facility: 2.36 Warehousing Facility (a) Public / Private Customs Bonded Warehouses may be set up in DTA as per .....

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gories /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 application, Free Sale and Commerce certificate for export of items not covered under Drugs & Cosmeti .....

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(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 Appendices and Aayat Niryat Forms along with Annexure A therein. RA shall issue Free Sale and Commerce Certifica .....

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ng (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 computer and computer based systems (ii) Department of Industrial Policy and Promotion (DIPP), Technical Suppor .....

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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 s unilateral export control items [Crime Control (CC) Items as listed in Appendix 2P(iia) and Regional Sec .....

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t 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 of FTP, an application for grant of CCP for import as gifts of items appearing as restricted for imports .....

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oks, 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 recommendation of Director General of Civil Aviation, Government of India (DGCA). 2.43 Import of Replacement Good .....

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lacement 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 / or freight by importer and documentary evidence to this effect is produced while making remittance. 2.44 O .....

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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 against an Authorisation by licensed arms dealers subject to conditions as may be specified: (i) Shotgun .....

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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 for specific Sectors: (A) R&D Equipment for Pharmaceuticals and Bio- technology Sector: (i) Duty free im .....

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te 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) The eligible unit shall apply in form given in Appendix-8B to RA concerned duly countersigned by Chartered A .....

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or 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) Name, address, IEC number and industrial Authorisation registration, if any, of transferee; (iii) Descri .....

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er (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 in Policy Condition 3 of Chapter 93 of ITC (HS) 2012) for the purpose of his/her pursuing shooting as a spo .....

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es/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 with Treasury Receipt (TR) / Demand Draft shall be submitted to RA concerned and self-attested copy of same .....

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hnical 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 Authorisation and thereafter all imports against said authorisation shall be made only through that port, unless th .....

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d 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 on recommendation of Director General, Tourism, Government of India. (a) Hotels, including tourist hotels, .....

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rism, 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 2.52 (b) of any one licensing year can be carried forward, either in full or in part, and added to import en .....

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r 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. 2.54 Import of Metallic Waste and Scrap Import of any form of metallic waste, scrap will be subject to the .....

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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 Tin scrap 15. 81042010 Magnesium scrap (b) Freely Importable metallic waste and scraps (shredded) as listed .....

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ive 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-shredded compressed and loose form of metallic waste, scrap listed in paragraph 2.54(a) above in shall be subjec .....

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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 contract between the importer and the exporter stipulating that the consignment does not contain any type o .....

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gnated 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 certification. Customs may give necessary clearance on receipt of certification from AERB. On getting clearance from Customs, DGFT .....

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gnised for the purpose of import of un-shredded metallic scrap w.e.f 1.4.2018. (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 operation and the consignment is subjected to risk based scanning/ monitoring as per the protocol laid down by Customs. (iv) Notwithstanding .....

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ications for recognition in respect of PSIAs 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 psiadgft@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 .....

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which falls within its area of operation, by 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. (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 .....

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pension/ cancellation of recognition. (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 PSIC. In case of any mis-declaration, they shall be liable for penal action 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 cer .....

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nstrument(s) used for inspection; (iii) Photograph(s) or video clipping of the process of stuffing of containers showing the container number (at least 1 photograph or video clipping per container) (iv) Photograph(s) or video clipping of the sealing process (at least 1 photograph 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 regis .....

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n Agencies Customs or any other Central or State Government authority may avail of services of Inspection and Certification Agencies in Appendix 2I of the Appendices and Aayat Niryat Forms, for certifying residual life as well as valuation / purchase price of capital goods. 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 01.03.20 .....

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of customs duty as indicated below: Description HS No. In/out of quota rate (%) as per WTO In/out of quota rate (%) As per Indian Tariff Notification TRQ (in MT) Skimmed Milk powder/whole milk powder 040210 15/60 15/60 12/12-Cus Sl. No. 7 10,000 040221 15/60 15/60 12/12-Cus 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 .....

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ing Corporation (STC), National Cooperative Dairy Federation (NCDF), National Agricultural Cooperative Marketing Federation of India Ltd. (NAFED), Minerals and Metals Trading Corporation (MMTC), Projects & Equipment Corporation of India Limited (PEC) and Spices Trading 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 .....

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ration Limited (STCL) and Central Warehousing Corporation (CWC), State Cooperative Marketing Federation & State Cooperative Civil Supplies Corporation. 2.62 Conditions applicable on availing quotas All eligible entities are eligible to avail quotas subject to the conditions 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 prescri .....

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Notification No. 21/2002 dated 1.3.2002 in terms of paragraph 2.20 of FTP, 2015-2020. (iv) Application fee for these applications shall be paid according to procedure contained in Appendix 2K of Appendices & Aayat Niryat Forms. (v) EFC in DGFT will evaluate and allot 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 .....

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as paints, printed material, pamphlets, literature etc. pertaining to exhibits need not be re-exported/re-imported. 2.64 Sale of Exhibits (a) Restricted Items: Sale of exhibits of restricted items, mentioned in ITC (HS), imported for an international exhibition / fair may 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 import .....

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ted in ITC (HS) except vegetable seeds, bees and new drugs. Samples of tea not exceeding ₹ 2000 (CIF) in one consignment shall be allowed without an Authorisation by any person connected with Tea industry. (b) Duty free import of samples upto ₹ 3,00,000 for all 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 limi .....

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of ceiling / period prescribed for exports of Gifts; export of Spares and export of replacement goods in FTP, an application may be made to DGFT in ANF 2Q. 2.69 Export of Items Reserved for MSME Sector Units other than small scale units are permitted to expand or create new 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 specif .....

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tly negotiates document (not through authorised dealer) with permission of RBI, he is required to submit following documents for availing of benefits under export promotion schemes: (a) Permission from RBI allowing direct negotiation of documents (not required for status holders), (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: 2.7 .....

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risation. (b) If the exporter has been notified in writing by DGFT or he knows or has reason to believe that an item not covered in the SCOMET list has a potential risk of use in or diversion to weapons of mass destruction (WMD) or in their missile system or military end use (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 sh .....

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o be filed through online 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 .....

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ndence with buyer/consignee/end-user or DGFT or relevant Government agency; c) Relevant Contracts; d) Relevant Books of account; e) Relevant Financial records; f) Any communication from any government agency related to an application for authorization for any item on the SCOMET 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.) s .....

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f 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-proliferation, or India s obligations under International 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 .....

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tive List) as updated from time to time. 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 retransferred without consent of Government of India; (c) End-user shall facilitate such verifications as are required by Governm .....

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o Schedule 2 of ITC (HS) is Department 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 (IAE .....

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Additional end-use conditions may be stipulated in Authorisations for export of items or technology that bear possibility of diversion to or use in development or manufacture of, or use as, systems capable of delivery of weapons of mass destruction. VII. Authorisations for 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 .....

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ternal process, shall seek the concurrence of Disarmament and International Security Affairs (D&ISA) Division in the Ministry of External Affairs, as required. IX. The Inter Ministerial Working Group shall normally meet once every month. Where a case has been deferred 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 .....

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f conditions of Authorisation shall invite civil and/or criminal prosecution. Note 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 i .....

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horizes the export to same end-user of minimum technology required for installation, 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 Expor .....

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cted during the preceding financial year. Export Authorisation is, however, required 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 wit .....

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3 of Schedule 2 of ITC (HS) Classifications of Export and Import Items shall be 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 an .....

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ming of its export, to contribute to end-uses that are not in conformity with India 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/ d .....

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documentation may pose to India s national security, and relations with any other 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, 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 .....

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/documentation alongwith detail of individuals who visited the premises during 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 .....

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e IMWG in its subsequent meeting for approval on ex-post facto basis. The approval will be subject to the fulfillment of the following criteria: (i) (a) the product along with the technical specification (b) 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 a .....

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e shall be submitted along with the application for consideration under the repeat order route. 2.79A Issue of export authorisation for "Stock and Sale" of SCOMET items Stockist refers to the entity abroad to whom the SCOMET items are originally exported by Indian 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' .....

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appropriate from the point of view of security and other critical considerations. The exhaustive list of countries to which exports would be done by the stockist needs to be indicated in the EUC for 'stock & sale' purposes. Documentary proof regarding relationship 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 trans .....

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80 of HBP. iv. No applications for Authorization for Export of SCOMET items for Stock & Sale purpose would be considered for items falling in Category 0, 1C and 6 of the SCOMET list. v. No export Authorisation for Stock & Sale purpose shall be issued for Technology 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 DG .....

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t entity (to whom the items are originally exported by Indian principal/wholly owned subsidiary) to entity (ies), including end users, in the same country, the former shall obtain the required documents from each link in the supply chain and forward the same to the Indian 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 coun .....

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raphy. Hence, transfers within an economic union or a customs union would not qualify as same country transfers . iii) Re-export outside the country by the stockist:- Application for reexport by the stockist entity to entity(ies) outside its country, shall be forwarded by 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 .....

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of the applicant, export permission for spare parts covered under SCOMET may be considered by IMWG along with the application for the main item/ equipment. Accordingly, the applicant seeking permission for export of spares may indicate the requirement of spares in the application 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 concer .....

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s/views/No Objection to DGFT within 30 days from the date of forwarding of applications by DGFT (Hqrs.). If no comments/views/No Objection is received within the stipulated period. The cases will be placed before IMWG for taking a decision as deemed appropriate. Export through 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 fo .....

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nment supplies and supplies of vaccines and lifesaving drugs to health programmes of international agencies such as UN and WHO-PAHO, the annual limit shall be upto 8% of the average annual export realisation during preceding three licensing years. Such free of cost supplies 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 .....

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ill obtain approval of Additional DGFT (EDI) and then will upload 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 settl .....

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ould suffice. 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 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 i .....

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on 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-2L in lieu of Bank Realisation Certificate. (b) Specific permission of RBI. Provisions related to Quality Certification: 2.90 Quality Certification It has been a constant endeavour to promote quality standards in export product / units manufactur .....

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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) Environmental Management System(EMS) http://www.qcin.org/nabcb/accreditation/reg bod ems.php for Environmental Management system. These agencies are listed in Appendix 2I of the AANF. (d) Any agency desirous of enlistment in Appendix 2I may submit their appl .....

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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 level is exempted till 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) b .....

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ication 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 Manufacturers: The manufacturer or exporter shall maintain the data in the parentchild relationship for three levels of packaging i.e. Primary, Secondary and Tertiary packaging and their movement in its supply chain. iii. Maintenance of data of Pare .....

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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 prescribed by the Government of India as above, the exporter is given the option to move an application to the Pharmaceutical Export Promotion Council of India (Pharmexcil) for this purpose, clearly specifying the nature of such an exemption in the intere .....

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re exempted from requirement of data uploading on Central Portal. vii All drugs manufactured by non SSI units with manufacturing date on or after 01.04.2016 and all drug manufactured by SSI units with manufacturing date on or after 01.04.2017 can be exported only if both tertiary and secondary packaging carry barcoding as applicable and the relevant data as prescribed by DGFT is uploaded on the Central Portal. Explanation: (a) For the purpose of this rule, (i) Drug formulation means a formulatio .....

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dary 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 manufactures/exporters as the case may be, to satisfy the customs authorities that the export consignment satisfies the conditions of the Notification. Export Promotion Counci .....

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p 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 Registering Authority are being laid down as under: (a) e-Voting: Electronic Voting would be mandatory for election to the posts of Vice Chairman/Vice President and Executive C .....

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PCs 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 membership, applicant shall be granted forthwith Registration-cum-Membership Certificate (RCMC) of EPC concerned, in format given in Appendix 2R. In case an exporter desires .....

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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). (c) In respect of multi product exporters having their head office/ registered office in the North Eastern States, RCMC may be obtained from Shellac & Forest Products E .....

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ch 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 one month from date of such change. Registering authority, however, may condone delays on merits. (b) Exporter shall furnish quarterly return /details of his exports of diffe .....

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on 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 and decision of appellate authority shall be final. 2.99 Directives of DGFT DGFT may direct any registering authority to register or deregister an exporter or otherwise issue .....

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xporters, 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 parameters would need to be met. (c) In case of limited companies, RA may approve allotment of more than three identity cards per company. In case of loss of an identity card .....

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A 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-discriminatory and rules based international trading system. In this context, India s trade agreements may be seen as a measured and calibrated exposure of the Indian economy to internatio .....

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- 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 Trade Agreements (PTAs) signed by India are: (i) Asia Pacific Trade Agreement (APTA) (ii) Global System of Trade Preferences (GSTP) (iii) India - Afghanistan PTA (iv) India - MERC .....

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P 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) Japan (vi) Russia (vii) Canada (viii) Norway (ix) Australia (only to LDCs) and (x) Switzerland (b) GSP schemes of these countries detail sectors / products and tariff lines u .....

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ing 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 and this system would eventually phase out the current system of issuance of Certificates of Origin (Form-A) by the Competent Authorities listed in Appendix-2C. The details of .....

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cheme 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 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 .....

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rential 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) .....

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ification 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 no .....

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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% 26/2000-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 Cha .....

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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 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 b .....

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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 nominated certain agencies to issue NonPreferential Certificate of Origin (CoO). These CoOs evidence origin of goods and do not bestow any right to preferential tariffs. List of no .....

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