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In exercise of the powers conferred under Paragraph2.4 of the Foreign Trade Policy, 2004-09 and Paragraph 1.1 of the Handbook of Procedures (Vol.I), the Director General of Foreign Trade hereby makes the following amendments/corrections in the Handbook of Procedures, Vol. 2,2004-2009, as amended from time to time.
In exercise of powers conferred by Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 read with paragraph 2.1 of the Foreign Trade Policy – 2004-09, the Central Government hereby amends Schedule – I (Imports) of the ITC (HS) Classifications of Export and Import Items.
Concerned Regional Authority may consider request for grant of first extension in E.O. period on payment of composition fee equal to 2% of proportionate duty saved amount on unfulfilled export obligation or an enhancement in export obligation imposed to the extent of 10% of total export obligation imposed under authorization, as the case may be at the choice of exporter, for each year of extension sought. Such first extension in EO period can be for a maximum period of two years.
India is a party to the Montreal Protocol and Vienna Convention for the Protection of the Ozone Layer and committed to phase out Ozone Depleting Substances (ODS) in India. As per policy decision taken by the Ministry of Environment & Forests (MoEF) in 1997, import of ODS is restricted in India. Accordingly, the Import Policy for the item is ‘restricted’ and subject to condition of Import Licensing Note No.1 mentioned at the end of Chapter 29 of ITC(HS) Classification of Export and Import Items.
Attention is invited to various schemes under Chapter 3 of FTP. In this regard, references have been received from the Trade and Industry on the issue as to whether commission or discounts have to be included or excluded from the FOB value of exports in the value taken for calculation of the entitlement.
The matter was examined in detail. DFIA is issued strictly as per SION. There are 22 sensitive items (inputs) listed in paragraph 4.55.3 of HBP v.1, for which an exporter need to specify the technical specification, quality, characteristics etc. to establish nexus with the product exported. For other inputs, such details are not required unless otherwise specifically mentioned in the SION. In this regard, customs circular no. 46/07 dated 20.12.07 has been issued.
For the export of above quantity of River Sand, Chemicals and Allied Products Export Promotion Council (CAPEXIL) shall ensure that the suppliers/extractors have obtained appropriate clearances and the mining of the said sand is not undertaken in the Coastal Regulation Zone Area, which is prohibited under the Coastal Regulation Zone Notification.
In pursuance of the provisions of paragraph 2.4 of FTP, the Director General of Foreign Trade (DGFT) hereby notifies the compilation known as HBP v1, HBP v2 and Schedule of DEPB rates. These compilations, as amended from time to time, shall remain in force ‘until further amendments’ except DEPB Scheme which shall continue to be operative till 31st December, 2009.
Amendments made in DEPB Rates vide Public Notice No. 102 dated 05.11.2008 in respect of products where DEPB rates were reduced, hereby stand withdrawn w.e.f. 5.11.2008 itself, thereby restoring the DEPB Rates notified prior to 5.11.2008, for the said items.
In exercise of power conferred under paragraph 2.4 of the Foreign Trade Policy 2004-09, the Director General of Foreign Trade hereby makes the following amendment in Appendix-2 of Handbook of Procedures (Vol. I), under the list of Export Promotion Councils/Commodity Board.