Public Notice No. 36 (RE-03)/2002-2007, Dated: 10.12.2003

TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY

(PART-I, SECTION-1)

GOVERNMENT OF INDIA

MINISTRY OF COMMERCE AND INDUSTRY

PUBLIC NOTICE No 36(RE- 03)/ 2002-2007

NEW DELHI: the 10th December, 2003

In exercise of powers conferred under paragraph 2.4 of the Export and Import Policy, 2002-07, the Director General of Foreign Trade hereby makes the following amendment in the Handbook of Procedures (Vol.1):

1. The word “average” appearing in second line of Sl. No. (ix) under the certificate of Chartered Accountant/Cost & Works Accountant, Company Secretary of Appendix 17 stands deleted.

2. In terms of Paragraph 3.2.2 of Handbook of Procedure (Vol.I), the application for status certificate in terms of Paragraph 3.7.2 of Exim Policy is required to be filed by the Registered Office in the case of a Company and Head Office in case of others. Representations have been received for allowing to file the status certificate application by either the Registered Office or Head Office or Corporate Office as per administrative convenience. The matter was deliberated in the Policy Interpretation Committee (PIC) meeting and it was decided to accept the request. Accordingly, Paragraph 3.2.2 of the Handbook is amended as follows: –

“Such application shall be made by the Registered Office/Head Office/Corporate Office in the case of a Company and Head Office in case of others. Where the applicant is the Registered Office/Head Office/Corporate Office in case of a Company, it shall furnish (a) Self certified copy of valid RCMC where the name of the Registered Office or Head Office or Corporate Office is given and (b) A disclaimer from the Head Office and Corporate Office (or Registered Office and Corporate Office or Registered Office and Head Office as the case may be) that no such application has been filed by the Company earlier against the period of entitlement for the status certificate.”

3. The address of the authorised branches of Central Bank of India at Sl.No.2 under the State Orissa in Appendix-29A may be amended to read as “Mahatabh Road, Cuttack-753001.”

4. The address and the contact numbers of the office of Jt.DGFT, Rajkot at S.No. 18 of Appendix-24 may be amended as follows:-

5. Representations have been received to allow inter unit transfer of the inputs imported/ procured against advance licence. The matter was deliberated upon in the Policy Interpretation Committee (PIC) and it was decided to allow transfer of raw material from one unit to another unit of the same company. Accordingly, a new Sub-paragraph may be incorporated as follows:

“4.4.5: While issuing advance licences in case of multi unit companies, the RLAs should endorse the use of material imported thereunder for a particular unit of a company and transfer of any material from one unit of the company to another unit of the same company shall be done with the permission of Excise Authorities with a clear understanding that no benefit of MODVAT/CENVAT shall be claimed on such transferred inputs.”

6. At the end of Paragraph 2.35.5 of Handbook of Procedure, the following clause shall be added:

“No permission for transfer will be required in case the imported goods are re-exported. However, the re-export shall be subject to all conditionality, or requirement of licence, or permission, as may be required under Schedule II of ITC(HS) Classification.”.

This issues in the Public interest.

(L. MANSINGH)

DIRECTOR GENERAL OF FOREIGN TRADE

Copy to all concerned,

By order etc.