Government of India
Ministry of Commerce and Industry
Department of Commerce
Directorate General of Foreign Trade
Udyog Bhawan, New Delhi

NOTIFICATION No. 5/2015-2020
New Delhi, Dated: 24 April, 2017

Subject:- Amendment in Table A of Schedule 2 and Appendix 3 of ITC(HS) Classification of Export and Import Items

5.0.(E) In exercise of the powers conferred by Section 5 and Section 14A of the Foreign Trade (Development & Regulation) Act, 1992 (No.22 of 1992) read with Para 1.02 of the Foreign Trade Policy, 2015-2020, as amended, and in supersession of DGFT Notification No.38 (RE-2010) /2009-2014 dated 31st March, 2011, Notification no. 93(RE-2012)/2009-14 dated 6th January 2012, Notification no. 37(RE-2012)/2009-14 dated 14th March 2013, Notification no. 26(RE-2013)/2009-14 dated 3rd July 2013, Notification no. 56 (RE — 2013)/2009-2014 dated 12th December 2013, Notification no. 115 (RE —2013)/2009-2014 dated 13th March 2015, Notification no. 116(RE-2013)/2009-14 dated 13th March 2015, Notification no. 05/(2015-2020) dated 29th April 2016 and Notification no. 38/(2015-2020) dated 17th February 2017, except as respects acts done before such supersession, the Central Government hereby makes the following amendments in Table A of Schedule 2 and Appendix 3 of ITC(HS) Classification of Export and Import Items. Annexure to this notification will replace the existing ‘Appendix 3’ to Schedule 2 of ITC (HS) Classification of Export and Import Items, 2012.

2. Serial No. (S. No.) 4 and 5 of the Table A of Schedule 2 of ITC (HS) Classification of Export and Import Items is substituted as under:

Goods falling in more than one Chapter of ITC (HS) Classification

“4
5 Any chapter Special Chemicals, Organisms, Materials, Equipment & Technologies (SCOMET) items as specified in Appendix-3 of this Schedule.

 

Prohibited/ Restricted

 

a. Exports would be governed as per the conditions indicated in Appendix-3 of this Schedule.

b. Export of items specified in Category 0 of the SCOMET list is governed by the extant provisions of the Atomic Energy Act 1962 as amended and rules, regulations, guidelines and resolutions issued under the said Act. Unless otherwise prohibited, export may be permitted against an authorization granted by the Department of Atomic Energy.

c. Export of items specified under the Note 2 of the ‘Commodity Identification Note’ of the SCOMET list would be permitted against an authorization granted by the Department of Atomic Energy.

d. Export of items specified in Category 6 of SCOMET list (Munitions List), (except those covered under Note 2 and 3 of Commodity Identification Note of the SCOMET list) is governed by the extant Standard Operating Procedure issued by the Department of Defence Production in the Ministry of Defence. Unless prohibited, export may be permitted against an uthorization issued by the Department of Defence Production.

e. Export of items specified in Categories 1, 2, 3, 4, 5, 7 and 8 of the SCOMET list is governed by the notifications, public notices and circulars issued under the Foreign Trade (Development and Regulation) Act 1992 as amended. Unless otherwise prohibited (including the items covered under Note 4 of the Commodity Identification Note of the SCOMET list), export of such items may be permitted against an authorization issued by the DGFT. “

3. ‘Appendix 3’ to Schedule- 2 of ITC (HS) Classification of Export and Import Items, 2012 contains

the list of specified goods, services and technologies, i.e. Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET). Annexure to this notification contains the revised ‘Appendix 3’ and the same is also available in the DGFT’s website www.dgft.gov.in.

SCOMET Categories in which amendments have been made are as follows:-

a) SCOMET Category 6 titled ‘Munitions List’ that was hitherto ‘Reserved’ has been populated. The Military Stores list notified vide Notification No. 115(RE-2013/2009-2014 dated 13th March 2015 stands rescinded.

b) A new SCOMET Category 8 titled ‘Special Materials and Related Equipment, Material Processing, Electronics, Computers, Telecommunications, information Security, Sensors and Lasers, Navigation and Avionics, Marine, Aerospace and Propulsion’ has been added.

c) In SCOMET Category 1B and 1C, amendments have been made. SCOMET Category 1D titled `Other Chemicals’ has been added.

d) SCOMET Category 2 has been substituted with amended and new entries.

e) SCOMET Categories 3D001 to 3D005 have been substituted by entries 3D001 to 30015.

f) Categories 3A201, 3A303, 3A309, 4A003, 4A007, 4A017, 4B006, 5A102, 5A205 have been substituted with amended and new entries.

g) SCOMET Category 7C has been deleted.

4. This notification shall come into force on the 1st of May, 2017.

5. Effect of this notification: Annexure to this notification contains the revised ‘Appendix 3’ to Schedule- 2 of ITC (HS) Classification of Export and Import Items which will replace the existing Appendix 3. This notification has the effect of carrying out updates to the SCOMET list and defining the licensing jurisdiction for various categories of the SCOMET list.

Ajay Kumar Bhalla
Director General of Foreign Trade
E-mail: dgft@nic.in

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Category : DGFT (3611)
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