{(To be published in the Gazette of India Extraordinary Part II Section-3, Sub-Section (ii)}

Government of India
Ministry of Commerce & Industry
Department of Commerce
Directorate General of Foreign Trade
Udyog Bhavan

Notification No. 17/2015-2020
New Delhi, dated: 03 July, 2018

Subject: Amendment in Appendix 3 (SCOMET items) to Schedule- 2 of ITC (HS) Classification of Export and Import Items, 2018

S.O.(E) In exercise of the powers conferred by Section 5 and Section 14A of the Foreign Trade (Development and Regulation) Act, 1992, as amended, read with Para 1.02 of the Foreign Trade Policy 2015-2020, the Central Government hereby makes the following amendments, with immediate effect, in the Appendix 3 to Schedule -2 of ITC (HS) Classifications of Export and Import Items 2018, as notified in DGFT Notification No. 47/2015-20 dated 31.01.2018 :

1. Under the heading “Items on the SCOMET List are organized in the following categories”:

i. The entry Category 2 shall be substituted as follows:

`Category 2 Micro-organisms, toxins
2A Bacteria, related technology and software
2B Fungi, related technology and software
2C Parasites
2D Viruses, related technology and software
2E (Reserved)
2F Toxins, related technology and software
2G Plant pathogens, related technology and software
2H Genetic Elements and Genetically-modified Organisms, related technology and software’.

ii. SCOMET entry 3D shall be substituted as follows:

`Category 3D: Chemical and biomaterial manufacturing and handling equipment and related technology and software’

iii. SCOMET entry 5D shall be substituted as follows: `Category 5D (Reserved)’

2. The following expressions shall be deleted from the SCOMET Glossary (these have been incorporated as Technical Notes under respective SCOMET entries):

“Automatic target tracking”, “Carbon fibre preforms”, “Commingled”, “Comminution”, “Compound rotary table”, “Deformable mirrors”, “Direct-acting hydraulic pressing”, “Effective gram”, “Electronically steerable phased array antenna”, “Flight control optical sensor array”, “Flight path optimization”, “Frequency mask trigger”, “Frequency synthesiser”, “Gas atomisation”, “Geographically dispersed”, “Hot isostatic densification”, “Linearity”, “Main storage”, “Mechanical alloying”, “Melt extraction”, “Melt spinning”, “Neural computer”, “Optical computer”, “Plasma atomisation”, “Power management”, “Previously separated”, “Primary flight control”, “Real-time bandwidth”, “Resolution”, “Rotary atomisation”, “Settling time”, “Solidify rapidly”, “Splat quenching”, “Systolic array computer”, “Transfer laser”, “Vacuum atomisation”, “Variable geometry airfoils”.’

3. In the SCOMET Glossary, the expression “Compensation systems” shall be substituted as follows:

“Compensation systems”: consist of the primary scalar sensor, one or more reference sensors (e.g. vector “magnetometers”) together with software that permit reduction of rigid body rotation noise of the platform.’

4. In the SCOMET Glossary, the expression “Cryptographic activation” shall be substituted as follows:

‘ “Cryptographic activation”: Any technique that specifically activates or enables cryptographic capability of an item, by means of a mechanism implemented by the manufacturer of the item, where this mechanism is uniquely bound to any of the following:

1. A single instance of the item; or

2. One customer, for multiple instances of the item.

Technical Notes:

1. “Cryptographic activation” techniques and mechanisms may be implemented as hardware, “software” or “technology”.

2. Mechanisms for cryptographic activation can, for example, be serial number-based licence keys or authentication instruments such as digitally signed certificates’.

5. In the SCOMET Glossary, after the expression “Interior lining” and the entry relating thereto, the following expression shall be inserted:

“Interleaved Analogue-to-Digital Converter (ADC)”: Devices that have multiple ADC units that sample the same analogue input at different times such that when the outputs are aggregated, the analogue input has been effectively sampled and converted at a higher sampling rate’.

6. In the SCOMET Glossary, after the expres.sion “Multichip integrated circuit” and the entry relating thereto, the following expression shall be inserted:

“Multiple channel Analogue-to-Digital Converter (ADC)”: Devices that integrate more than one ADC, designed so that each ADC has a separate analogue input’.

7. In the SCOMET Glossary, the expression “Military use” shall be substituted as follows:

“Military use” shall mean incorporation into military items listed in SCOMET Category 6 or for the use, development, or production of military items listed in this category.’

8. In SCOMET Glossary, after the expression “Run out (out-of-true running)” and the entry relating thereto, the following expression shall be inserted:

“Sample rate”: For an Analogue-to-Digital Converter (ADC) the maximum number of samples that are measured at the analogue input over a period of one second, except for oversampling ADCs. For oversampling ADCs the “sample rate” is taken to be its output word rate. “Sample rate” may also be referred to as sampling rate, usually specified in Mega Samples Per Second (MSPS) or Giga Samples Per Second (GSPS), or conversion rate, usually specified in Hertz (Hz)’.

9. In the SCOMET Glossary, after the expression “Stability” and the entry relating thereto, the following expression shall be inserted:

“Steady State Mode”: The term “steady state mode” defines engine operation conditions, where the engine parameters, such as thrust/power, rpm and others, have no appreciable fluctuations, when the ambient air temperature and pressure at the engine inlet are constant’.

10. In the SCOMET acronyms and abbreviations, after the abbreviation, `RNC’ and the entry relating thereto, the following abbreviation shall be inserted:

`RNSS Regional Navigation Satellite System e.g. ‘NavIC’ — Indian Regional Navigation Satellite System ‘QZSS’ — Quasi Zenith Satellite System’

11. SCOMET entry 1A, shall be substituted as follows: `Categoryl Toxic chemical agents and other chemicals

1A Export of the following chemicals is prohibited:

(This corresponds to Schedule 1 to the Chemical Weapons Convention (CWC))

Note: Where reference is made below to groups of di-alkylated chemicals, followed by a list of alkyl groups in parentheses, all chemicals possible by all possible combinations and alkyl groups listed in parentheses are considered prohibited unless explicitly exempted.

SI. No. Schedule-1 Toxic Chemicals of CWC CAS number
(1) 0-Alky (<C10 , incl. cycloalkyl) alkyl (Me, Et,n-Pr or i-Pr) phosphonofluoridates
e.g. Sarin: 0-Isopropyl methylphosphonofluoridate (107-44-8)
Soman: 0-Pinacolyl methylphosphonofluoridate (96-64-0)
(2) 0-Alkyl, ( <C10, incl. cycloalkyl) N,N-dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidocyanidates
e.g. Tabun: 0-Ethyl N,N,-dimethyl phosphoramidocyanidate (77-81-6)
(3) 0-Alkyl (H or < C10, incl. cycloalkyl) S-2-Dialkyl (Me, Et, n-Pr or i -Pr)- aminoethyl alkyl (Me, Et, n-Pr or i-Pr) phosphonothiolates and corresponding alkylated or protonated salts
e.g. VX: 0-Ethyl S- 2 diisopropylaminoethyl methyl phosphonothiolate (50782-69-9)
(4) Sulphur mustards:
2-Chloroethylchloromethylsulphide (2625-76-5)
Mustard gas: Bis (2-chloroethyl) sulphide (505-60-2)
Bis (2-chloroethylthio) methane (63869-13-6)
Sesquimustard:1,2-Bis (2-chloroethylthio) ethane (3563-36-8)
1,3-Bis (2-chloroethylthio)-n-propane (63905-10-2)
1,4-Bis (2-chloroethylthio)-n-butane (142868-93-7)
1,5-Bis (2-chloroethylthio)-n-Pentane (142868-94-8)
Bis (2-Chloroethylthiomethyl) ether (63918-90-1)
O-Mustard: Bis (2-Chloroethylthiomethyl) ether (63918-89-8)
(5) Lewisites:
Lewisite 1: 2-Chlorovinyldichloroarsine (541-25-3)
Lewisite 2: Bis (2-Chlorovinyl) chloroarsine (40334-69-8)
Lewisite 3: Tris (2-Chlorovinyl) arsine (40334-70-1)
(6) Nitrogen mustards:
1-IN1: Bis (2-chloroethyl) ethylamine (538-07-8)
HN2:Bis (2-chloroethyl) Chloroarsine (51-75)
HN3:Tris (2-chloroethyl) amine (555-77-1)
(7) Saxitoxin (35523-89-8)
(8) Ricin (9009-86-3)
(9) Alkyl (Me, Et, n-Pr or I-Pr) phosphonyldifluorides
e.g. DF: Methyl phosphonyldifluoride (676-99-3)
(10) O-Alkyl (H or < C10, incl. cycloalkyl) O-2 dialkyl (Me, Et, n-Pr or i-Pr)- aminoethylalkyl (Me, Et N-Pr or i -Pr) phosphonites and corresponding alkylated or protonated salts
e.g.QL: O-Ethyl 0-2-diisopropylaminoethyl methyl phosphonite (57856-11-8)
(11) Chlorosarin: O-Isopropyl methylphosphonochloridate (1445-76-7)
(12) Chlorosoman: O-Pinacolyl methylphosphonochloridate (7040-57-5)’

12. SCOMET entry 1B, shall be substituted as follows

‘1B Export of chemicals listed in 1B below is permitted only to States party to the Chemical Weapons Convention, against an export authorisation.

(This corresponds to Schedule 2 to the Chemicals Weapons Convention) Note to exporters:

a. A list of States Parties can be obtained from the Disarmament & International Security Affairs Division of the Ministry of External Affairs (Room No. 40G, South Block, New Delhi) or at the official website of the Organization for the Prohibition of Chemical Weapons at www.opcw.org.

b. A prior authorization will be required for export of chemicals in this category. This permission shall be subject to the condition that for each export consignment, exporters shall, within 30 days of exports, notify the details to the National Authority, Chemical Weapons Convention, Cabinet Secretariat; Ministry of External Affairs (D&ISA); Department of Chemicals and Petrochemicals and the Directorate General of Foreign Trade and submit to DGFT, a copy of Bill of Entry into the destination State Party within 30 days of delivery’.

Note: Where reference is made below to groups of dialkylated chemicals, followed by a list of alkyl groups in parentheses, all chemicals possible by all possible combinations and alkyl groups listed in parentheses are included unless explicitly exempted.

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