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Introduction: The Directorate General of Foreign Trade (DGFT) has issued Public Notice No. 42/2023 on February 14, 2024, addressing the import of Muskmelon Seeds under ITC(HS) 12077090 for the period up to 31.08.2024. This no-tice outlines the procedures, restrictions, and criteria for importers seeking authorization for restricted imports of Muskmelon Seeds.

Detailed Analysis:

1. Import Limitation: DGFT, based on recommendations from the concerned ministry, has imposed an import limitation of 1,200 Metric Tonnes (MTs) for Muskmelon Seeds until 31.08.2024. Importers are permitted on an Actual User basis, and fresh applications are invited for authorization.

2. Application Criteria: The application process is stringent, allowing only one application per Importer Exporter Code (IEC). Consideration is limited to processors with a valid FSSAI Manufacturer License, indicating processing capacity under FSSAI Category 4 (Fruits & vegetables, seaweeds, and nuts and seeds).

3. Chartered Accountant (CA) Certificate: Applicants must submit a CA certificate certifying the import and processed volume of Musk-melon Seeds for fiscal years 2021-22, 2022-23, and 2023-24. This certificate, accompanied by GST invoices, ensures transparency and accuracy in the application.

4. Allocation Process: The Exim Facilitation Committee (EFC) will assess applications individually, considering factors like valid FSSAI, importation, and processed volume of Muskmelon Seeds in previous fiscal years. The EFC may prescribe minimum and/or maximum limits for allocated quantities.

5. Online Submission: All applications must be submitted online on the DGFT website under Import Authorisation for Restricted Imports, specifically under the Import Category ‘Muskmelon/Muskmelon Seeds.’ Any applications submitted under different categories will face rejection.

6. Deadline and Disqualification: The deadline for submitting online applications is 22.02.2024. Import consignments associated with the Import Authorizations must be delivered to Indian ports on or before 31.08.2024. Misdeclaration by applicants will result in disqualification and a two-year debarment from similar allocations.

Conclusion: DGFT Public Notice 42/2023 out-lines a structured approach to manage the import of Muskmelon Seeds until 31.08.2024. Importers are urged to adhere to the specified procedures, ensuring accuracy in applications and compliance with regulations. The stringent criteria and transparent allocation process aim to facilitate fair and controlled import activities. For further details, refer to DGFT Public Notice No. 42/2023 dated February 14, 2024.

*****

Ministry of Commerce & Industry
Department of Commerce
Directorate General of Foreign Trade
Vanijya Bhawan, New Delhi

Public Notice No. 42/2023-DGFT | Dated: 14th February 2024

Subject: Import of Muskmelon Seeds under ITC(HS) 12077090 of ITC(HS) 2022 for the period up to 31.08.2024 -reg

F. No. 01/53/8/W-2/AM24/IC.— In exercise of powers conferred under paragraph 1.03 and 2.04 of the Foreign Trade Policy (FTP) 2023, the Directorate General of Foreign Trade hereby notifies the procedure for import of Muskmelon Seeds under ITC(HS) 12077090 for the period of up to 31.08.2024 as follows —

1. Reference the recommendation from the ministry concerned, the imports of Muskmelon Seeds shall not exceed 1,200 Metric Tonnes(MTs), Imports shall be permitted up to 31.08.2024 and shall be allowed to importers on Actual User basis only. Accordingly, DGFT invites fresh applications for Authorisation for Restricted import for Muskmelon Seeds with effect from the date of this Public Notice and not later than 22.02.2024 as follows –

i. Only one application for import of Musk-melon seeds shall be considered against one IEC.

ii, The applications shall be considered on Actual User basis to Processors only.

iii. A valid FSSAI Manufacturer Licence is-sued on or before the date of this Public Notice indicating the processing capacity is required to be provided along with the application. The given FSSAI Licence should clearly indicate the applicant is a manufacturer under FSSAI Category 4 (Fruits & vegetables, sea-weeds, and nuts and seeds). FSSAI licences issued for trading, retailing, wholesale, re­packaging, labelling purposes shall not be considered.

Import Procedure for Muskmelon Seeds ITC(HS) 12077090 till 31.08.2024

iv. The applicant must submit a valid Chartered Accountant (CA) Certificate certifying the import of Muskmelon Seeds(in MTs) and the volume of processed Muskmelon seeds (in MTs), processed in their own manufacturing unit(s), for the fiscal years 2021-22, 2022-23, and 2023-24 (till the date of this Public Notice). The CA certificate should be accompanied by a list of GST invoices along with quantity pertaining to the sale of processed Muskmelon seeds. Draft CA Certificate template enclosed at Annexure-A may be seen.

v. The applicant shall provide a declaration that only the Muskmelon seeds processed have been stated in the application and the CA Certificate, and any trading volume of Muskmelon Seeds have not be included. Draft template for the Undertaking enclosed at Annexure-B may be seen.

2. All applications for import of Muskmelon seeds will be assessed individually, within the total quantities stated at Para (1) above. The import quantity for each applicant will be determined on the assistance and advice of the Exim Facilitation Committee(EFC), in accordance with the procedures under Para 2.48 of the Handbook of Procedures(HBP) 2023. The EFC, during the examination of the applications, will take into ac-count specific factors, including but not limited to, valid manufacturer FSSAI, the importation and processed volume of Muskmelon seeds during the fiscal years 2021-22, 2022-23, and 2023-24 (till the date of this Public Notice). In determining past imports, any earlier allocations that may be pending due to litigation(s) if any, will also be taken in account.

3. The EFC shall prescribe a minimum and/or maximum limit for the allocated quantity(s), to maintain allocation of economically viable quantities. Remaining quantities(if any) after the initial pro-rata allocation, shall be redistributed to the remaining applicants(if any). DGFT shall retain the right to modify the allocation process as it deems appropriate, at any juncture.

4. All applications are required to be submitted online on the DGFT Website under Services Import Management System —> Import Authorisation for Restricted Imports Apply for New Authorisation, under Import Category as ‘Muskmelon/Muskmelon Seeds’. Applications submitted under any other Category are liable to be rejected.

5. All potential allottees are obligated to ensure that the import consignments associated with the said Import Authorisations are delivered to the Indian ports on or before 31.08.2024.

6. In the event of any misdeclaration by the applicant, the applicant shall be disqualified from consideration for the present import allocation and shall be debarred from participation in any subsequent allocations of a similar nature for a period of two (2) years.

Effect of this Public Notice:

Applications are invited for Authorisation for Restricted Imports for Muskmelon seeds under ITC(HS) 12077090, applicable for import of Muskmelon Seeds until 31.08.2024. The deadline for submitting online applications is 22.02.2024.

(Santosh Kumar Sarangi)
Director General of Foreign Trade &
Ex- officio Addl. Secretary to the Govt. of India
email: dgft@nic.in

(Issued from File No. 01/53/8/W-2/AM24/IC)

Annexure A

Format of the CA Certificate to be submitted by the applicant under given PN to certify the Processing Turnover

(To be submitted on the letterhead of the Chartered Accountant firm)

CERTIFICATE

This is to certify that the books of accounts of the firm of M/s. (firm name) having IEC _________ , located at (address(es)) have been ex-amined.

2. It is accordingly declared that the total imports and the volume of processed Muskmelon Seeds for the current Financial Year and last two Financial Years is as under:-

Year Import of Muskmelon Seeds Sale of Processed Muskmelon Seeds
Unit of Measurement (in Metric Tonnes) (In INR Crores) (in Metric Tonnes) (In INR
Crores)
2021-22
2022-23
2023-24 (till 14.02.2024)

[UDIN]:______

Partner/Director/Authorised Signatory of the CA firm

Date:_____________

Place:____________

Details of GST Invoices for Processing of Muskmelon Seeds

GST Invoice No. Date of GST Invoice Quantity in Kgs Value in INR
….
Total (2021-22) [_____________] [_____________]
….
Total (2022-23) [_____________] [_____________]
….
Total (2023-24) [_____________] [_____________]

Partner/Director of the CA firm

Date:______________

Place:____________

Annexure B

Format of the Undertaking by the Applicant Firm

(To be submitted on the letterhead of the Applicant Firm)

UNDERTAKING

I, (name of director/partner/proprietor/authorised signato-ry) of the firm of M/s. (firm name) having IEC__________ , located at (address(es)) declare that –

1. Reference the Charter Accountant Certifi-cate having UDIN ____ and reference the details as submitted vide the online application to DGFT for import allocation for Muskmelon Seeds, I hereby undertake that the details submit-ted for the processed Muskmelon Seeds are correct and pertain to the volumes processed at own manufacturing premises. Any trading volumes for Muskmelon seeds have not been in-cluded herein.

2. I undertake that the details of Import of Muskmelon Seeds as stated in the Charter Accountant Certificate having UDIN ____ and as submitted vide the online application to DGFT are correct.

3. I undertake that in the event of any misdeclaration, I shall be liable for disqualification from consideration for the present import allocation and shall be debarred from participation in any subsequent allocations of a similar nature for a period of two (2) years.

Partner/Director/Proprietor/Authorised Signatory of the applicant firm

Date:______________

Place:____________

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