The Government of India, through the Ministry of Commerce & Industry, issued Notification No. 38 (RE-05)/2004-2009 on 17th January 2006. This amendment modifies the provisions regarding the export of rare earths, ores, and minerals containing uranium and thorium. The amendment clarifies that while rare earth compounds are freely exportable, rare earth phosphates, which contain uranium and thorium, are now classified as prescribed substances under the Atomic Energy Act, 1962, and are controlled accordingly. The notification also specifies that minerals under code 2617, except those notified as prescribed substances, are freely exportable. This change aligns with the regulations of the Atomic Energy Act, aiming to control the export of substances with uranium or thorium. The notification aims to ensure compliance with national security and public interest standards.
GOVERNMENT OF INDIA
MINISTRY OF COMMERCE & INDUSTRY
DEPARTMENT OF COMMERCE
NOTIFICATION No. 38 (RE-05)/2004-2009
NEW DELHI, DATED 17th JANUARY , 2006
S.O.(E) – In exercise of powers conferred by Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 (Sl.No.66) read with Para 1.3, 2.1 & 2.29 of the Foreign Trade Policy, 2004-2009 (as amended from time to time), the Central Government hereby makes the following amendment in the Note under Chapter 26 of Schedule 2 of ITC(HS) Classifications of Export and Import Items, 2004-2009” : –
Existing Note
Note
1. Rare Earths , ores , concentrates and compounds of Monazite under code 2614 are freely exportable . However , Monazite is a mineral of rare earth Phospate and contains uranium and thorium . It is a prescribed substance and is controlled as per provisions of Atomic Energy Act, 1962 .
2. Other minerals under code 2617 containing the following are freely exportable :-
“ Other minerals containing the following substances as accessory ingredients including :
(i) Samerskite
(ii) Uraniferrous allanite Radium Ores and concentrates ”
These minerals / substances contain uranium and / or thorium and will be dealt as prescribed substances as per the provisions of the Atomic Energy Act, 1962.
Amended Note
“Note.
1 . Rare earth compounds are freely exportable , but rare earth phosphates, which contain uranium and thorium are prescribed substances and are controlled as per provisions of Atomic Energy Act, 1962.
2. Other minerals under code 2617 are freely exportable, except those which have been notified as prescribed substances and controlled under Atomic Energy Act, 1962 ”.
II. This issues in Public Interest.
(K.T. CHACKO)
DIRECTOR GENERAL OF FOREIGN TRADE
AND EX-OFFICIO ADDITIONAL SECRETARY TO THE GOVT. OF INDIA
(Issued from F.No.01/91/171/ 39/AM03/PC-III)
F.No.01/91/171/ 39/AM03/PC-III/
Dated : January 17 , 2006
Copy to all concerned
By order, etc.
(S.K.Shrivastava)
Dy. Director General of Foreign Trade
