DGFT – Defaulters for failure to export of cotton in terms of Policy Circular No.09 dated 29.12.2010 and Trade Notice No.01dated 10.1.2011
Government of India, Ministry of Commerce & Industry, Department of Commerce, Directorate General of Foreign Trade, Udyog Bhawan, New Delhi
Trade Notice 11 dated 29th June, 2011
Members of Trade
All Regional Authorities of DGFT
Subject : Defaulters for failure to export of cotton in terms of Policy Circular No. 09 dated 29.12.2010 and Trade Notice No.01 dated 10.1.2011.
Trade Notice No. 01 dated 10.1.2011 was issued allocating a quantity of 19 lakh bales of cotton for export among 928 applicants for registration of contracts. In terms of Note (i) of Registration Certificate, the exporters who have got Registration Certificates from the four Zonal offices of DGFT at CLA Delhi, Mumbai, Kolkata & Chennai and DGFT(HQ) were required to submit the proof of shipments within 10 days of last shipment.
2. The data of export against RCs so issued and as submitted by exporters to registering authorities has been compiled. As per the following provisions relating to debarment from future allocation for export of cotton, the list of defaulter’s has been prepared:
i) Para 3(v) of the Policy Circular No.9, through which it was notified that the applicants who fail to submit the required documents within stipulated time or where the documents are found to be incorrect, shall be declared ineligible and they forfeit their right to seek further allocation. (Before issue of RC)
ii) Para 3(vi) of Policy Circular No.9 through which it has been notified that “failure to export the allocated quantity within stipulated time would invite debarment from further allocation. In addition penal action as per Section 11(2) of the FT (D&R) Act would be initiated”. (After issue of RC)
iii) Note (i) of Registration Certificate provided that failure to export the full quantity within the validity period will attract action under Section 11(2) of Foreign Trade(Development & Regulation) Act, 1992, in addition to the applicant being debarred from further allocations.
3. The firms whose name appear in the Annexure 1 to this Trade Notice are hereby debarred from future allocation for export of cotton. The reasons for default have been indicated against each of the firms. It may be noted that the names of the firms who have exported upto 5% less/excess than the allocated quantity (quantity taken in MTs & converted into bales; 1 bale = 170 Kg) have not been included in the list. The list has been prepared based on export figures provided by concerned Regional Authority of DGFT. These RAs have prepared this information based on export documents submitted by the firms.
4. The exporters whose name appear in the Annexure-1 of this Trade Notice and have any objection with regard to (i) excess/ shortfall in exports or (ii) who have effected exports and submitted the documents within stipulated time, may approach the concerned RC issuing authority within 3 days along with all necessary documents for rectification of error, if any. The concerned RC issuing authority will verify those documents and rectification, if required, will be done. In case any representation is received, concerned RAs are advised to examine the same and send its report to the undersigned immediately, positively same day.
5. Penal action as per section 11(2) of FT(D&R) Act is being taken separately.
AnnexureC_list of defaulters.doc List of 178 firms with IEC Code.
Deputy Director General of Foreign Trade
(F.No : 01/91/180/1194/AM10/EC)