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Government of India

Ministry of Commerce & Industry

Department of Commerce

Directorate General of Foreign Trade

Udyog Bhawan, New Delhi

POLICY CIRCULAR NO. 20/2004-2009

Dt 23/02/2005

To,

All Licensing Authorities,

All Commissioners of Customs.

Subject:  Import of Second Hand Diesel Generating Sets-clarification reg.

Attention is invited to Policy Circular No.19 dt.11.11.2003 vide which it was clarified that Second Hand Photocopiers, Air Conditioners, Diesel Generating Sets, etc. will not be permitted to be imported under EPCG Scheme under the provision of Para 5.1 of the Exim Policy 2002-2007 even if these are less than 10 years old and even for Service Providers.   The intention of this Circular is to restrict the import of such items under EPCG Scheme which are in the nature of Consumer goods.

2.  Since Second Hand Diesel Generating Sets of 10 KVA and above have industrial application and import of second hand capital goods without any age restriction is permitted under EPCG Scheme in the Foreign Trade Policy 2004-09, it is therefore clarified that Second Hand Diesel Generating Sets of 10 KVA and above shall be allowed to be imported under EPCG Scheme without any age restriction.

3.   However since second hand photocopiers, air conditioners and diesel generating sets (below 10 KVA) etc. are covered under the definition of ‘second hand goods’, therefore their import shall be governed by the provisions of Para 2.17 of Policy and shall not be permitted to be imported under Para 5.1 of Policy.

4. Licensing Authorities are advised to take action accordingly.

5. This issues with the approval of DGFT.

Sd/-

( M.K. Parimoo )

Dy. Director General of Foreign Trade

(Issued from F.No.01/94/180/14/AM05/PC-IV)

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