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Frequently Asked Question (FAQ) on provisions regarding Imports

Q.1 What is a ‘Restricted Item?

Ans. All goods, import of which is permitted only with an Authorisation / Permission / License or in accordance with the procedure prescribed in a notification / public notice are ‘Restricted’ goods.

Q.2 Where are the ‘Restricted’ item listed?

Ans. The list of ‘Restricted’ items is available in the ITC(HS) Classification of Export and Import items and the same can be viewed under the Download section in DGFT website at http://dgft.gov.in.

Q.3 What is the procedure for import of a ‘Restricted’ item?

Ans. For the items mentioned as ‘Restricted’ for imports in Schedule 1 of ITC (HS) Classification of Export & Import 2012, an application for grant of an Import Authorisation may be made to the concerned Regional Authority of DGFT in Aayaat Niryaat Form 2 B (ANF 2B) along with documents prescribed therein, with two copy of the complete sets to DGFT(Hqrs) at Udyog Bhawan, New Delhi. The requests for such imports are considered by Inter Ministerial Committee meeting. The minutes of the Committee are available on website http://dgft.gov.in under heading Committee Cases.

Q.4 What are ITC(HS) Codes?

Ans. ITC(HS) Code or better known as Indian Trade Classification (Harmonized System) Code was adopted in India for import – export operations. Indian Customs uses an Eight Digit ITC(HS) Codes to suit the national trade requirement.

Q.5 How do I find HS Code for my product?

Ans. If you want to know the HS Code, Click on ‘ITC HS Based Policy’ on the website of DGFT. A new window will open as ITC(HS) Query Form. Insert the name of the product in the description option to know the HS Code of your product.

Similarly, if you want to know the product and are already aware of the HS Code, enter the ITC(HS) Code (e.g. 0324) option to know the product.

Q.6 Is there any Fees for the processing of the form?

Ans. The scale of fee, mode of payment, procedure for refund of fee and categories of persons exempted from payment of fee can be viewed in Appendix-21B of Handbook of Procedures, Vol.-I. This can be downloaded / viewed on DGFT website in the download section. The minimum fee is Rs.200/- and the maximum is Rs.1,00,000, if paid manually (Rs.50,000 if paid electronically).

Q.7  What is the procedure for import of Cat / Dog by Indians returning from abroad and claiming benefit under Baggage Rules?

Ans. As per baggage rules of CBEC, import of pet animals – domestic pets upto two numbers per passenger are allowed at one time. This is subject to production of required health certificate from Country of origin and examination of the said pets by the concerned quarantine officer.

Q.8 What is the procedure for import of goods as part of passenger baggage?

Ans. (a) Bona fide household goods and personal effects may be imported as part of passenger Baggage as per limits, terms and conditions thereof in Baggage Rules notified by Ministry of Finance as per Custom’s Notification no. 30/98-Cus. (N.T.), dated 2-6-1998.

(b) Samples of such items that are otherwise freely importable under FTP may also be imported as part of passenger baggage without an Authorisation.

(c) Exporters coming from abroad are also allowed to import drawings, patterns, labels, price tags, buttons, belts, trimming and embellishments required for export, as part of their passenger baggage without an Authorisation.

Q.9 Is Importer-Exporter Code (IEC) mandatory for import of goods?

Ans. IEC is compulsory for import. However, certain categories of importers are exempted from obtaining IEC. Details may be seen at Para 2.8 of Handbook of Procedure, Vol.-I on the DGFT website.

Q.10 What is procedure for Export and Import of samples?

Ans. No Authorisation shall be required for Import of bona fide technical and trade samples of items restricted in ITC (HS) except vegetable seeds, bees and new drugs. Samples of tea not exceeding Rs.2000 (CIF) in one consignment shall be allowed without an Authorisation by any person connected with Tea industry (value limits).

Q.11 What is the procedure for import of items which is governed through exclusive or special privileges granted to State Trading Enterprises (STE(s)?

Ans. Any goods, import of which is governed through exclusive or special privileges granted to State Trading Enterprises (STE(s)), may be imported by STE(s) as per conditions specified in ITC (HS). DGFT may, however, grant an Authorisation to any other person to import or export any of these goods under para 2.11 of the Foreign Trade Policy.

Q.12 What is the validity of an import authorisation?

Ans. Validity of an import Authorisation shall be 18 months from the date of issue of an Authorisation. RA concerned may revalidate import Authorisation on merits, for six months from date of expiry of validity.

Q.13 Does an import authorisation expire on the day of expiry?

Ans. Where an Authorisation expires during the month, such authorisation shall be deemed to be valid until last day of concerned month.

Q.14 Is Import through courier allowed?

Ans. Import through a registered courier service is permitted as per Notification issued by Department of Revenue. However, importability of such item shall be regulated in accordance with FTP.

Q.15 What is the procedure for import under Government to Government agreement?

Ans. Import of goods under Government to Government agreement may be allowed without an Authorisation or CCP on production of necessary evidence to satisfaction of Custom Authorities.

Q.16 What is the procedure for transfer of imported goods?

Ans. Freely importable goods can be transferred by sale or otherwise by importer freely. Transfer of imported goods, which are subject to Actual User condition and have become surplus to the needs of Actual user, shall be made only with prior permission of DGFT (Hqrs). For Details relevant para 2.43 of Handbook of Procedures may be seen.

Q.17 What is the procedure for import of Overseas Office Equipment?

Ans. On winding of up of overseas office, set up with approval of RBI, used office equipment and other items may be imported without an Authorisation.

Q.18 What is the procedure for import of Prototypes?

Ans. Import of new / second hand prototypes / second hand samples may be allowed on payment of duty without an Authorisation to an Actual User (Industrial) engaged in production of or having industrial licence / letter of intent for research in item for which prototype is sought for product development or research, as the case may, upon a self – declaration to that effect, to satisfaction of customs authorities.



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July 2024