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Notes


Import Licensing Notes

(1) All Oils which are included in the PFA Act as also all solvent extracted Oils conforming to the standards specified in the Third Schedule of Solvent Extracted Oil, Deoiled Meal and Edible Flour Control Order, 1967 except coconut oil, RBD palm oil, RBD palm stearin and palm kernel oil are freely importable. Import of coconut/copra oil is permitted through State Trading Enterprises.
(2) Irrespective of the policy indicated in this chapter, import of sulphonated fish oil is freely permitted without in import licence.
(3) Policy relating to import of Crude Palm Stearin is given below as per public notice no. 14 (PN)/97-02 dated 6.6.1997 and as per public notice no. 38(RE-2001)-97-2001 dated 1.10.2001

Crude Palm Stearin import Public Notice No. 14 (PN)/97-02 dated 6th June, 1997

Attention is invited to the Public Notice No. 284 (PN)/92-97 dated 3lst March, l995 and as amended by Public Notice No. 3l0 (PN)/92-97 dated l4.8.l995. In supersession of the conditions and procedures as laid down in the above Public Notice, import of Crude Palm Stearin shall be permitted as under:-

2. Non-edible Industrial grade Crude Palm Stearin may be imported without a licence in accordance with the conditions set out in the following paragraphs of this Public Notice:-

(i) Imports may be made by only those importers who hold an industrial licence or an risation from the Secretariat of Industrial Approvals of the Department of Industrial Development, Government of India or a DGTD registration for the manufacture of fatty acids or registration with Directorate of Vanaspati, Vegetable oils and Fats and who have the facility to split Crude Palm Stearin into fatty acids and glycerol.

(ii) Only Crude Palm Stearin admixed with at least 10% free fatty acids (FFA) will be allowed to be imported.

(iii) Actual User condition shall apply to the imported Crude Palm Stearin, which shall be split into fatty acids and glycerol at the importer's own splitting facility. The imported Crude Palm Stearin shall be used only for being split into fatty acids and glycerol and it shall not be utilised, sold, transferred or disposed of in any other manner without the prior permission in writing of the Director General of Foreign Trade, New Delhi.

(iv) Fatty acids and glycerol manufactured out of the imported Crude Palm Stearin are, however, freely transferable.

(v) Non-edible industrial grade Crude Palm Stearin admixed with at least 3.5% free fatty acids (FFA) will also be allowed to be imported without an import licence by only those importers who are registered with the Directorate of Vanaspati, Vegetable Oils and Fats subject to the condition that the imported Crude Palm Stearin shall be used only for being split into fatty acids and glycerol and it shall not be utilised, sold, transferred or disposed of in any other manner without the permission of the Director General of Foreign Trade. Fatty acids and glycerol manufactured out of such imported Crude Palm Stearin shall be sold only to the actual users of such fatty acid and glycerol.

(vi) The importer shall furnish quarterly statements to the Directorate of Vanaspati, Vegetable Oils & Fats (DVVO&F) giving full details of (i) quantities and value of CPS imported; (ii) quantities of fatty acids and glycerol manufactured; (iii)names and addresses of the companies to whom the fatty acids and glycerol were supplied together with the quantities supplied; (iv) quantities of fatty acids and glycerol consumed internally; and (v) opening and closing stocks of CPS, fatty acids and glycerol in the format annexed to this Public Notice (Annexure - A ).

3. Directorate of Vanaspati, Vegetable Oils and Fats will issue certification of utilisation by the imported Crude Palm Stearin (Non-edible industrial grade) admixed with atleast 3 importer/actual user after satisfying itself about the information furnished in respect of.5% free fatty acids only. The nature of Utilisation Certificate will determine the eligibility of the importer for further imports of the Crude Palm Stearin (Non-edible industrial) admixed with atleast 3.5% free fatty acids (Annexure - B ).

4. Actual users may also use the services of the State Trading Corporation of India Ltd. (STC) for the import of Crude Palm Stearin. The STC may import Crude Palm Stearin without a licence, approval or authorisation from the Government and arrange for its splitting into fatty acids and glycerol.

5. This issues in public interest.


ANNEXURE TO PUBLIC NOTICE NO. 14(PN)/97-2002 DATED 6TH JUNE, 1997

ANNEXURE - A
Quarterly return to be furnished by the importer of Crude Palm Stearin (C.P.S) for the quarter ending March, June, September and December.

Quantity in MT

C.P.S. Glycerol Fatty Acid

1) Opening Stock
2) Quantity imported
a) FOB Value per tonne of C.P.S
b) Analysis report of C.P.S

i) F.F.A %
ii) Moisture & Volatile matter %
iii) Other relevant analytical characteristics

c) Consumption of C.P.S and production of Glycerol and Fatty Acid.

3) Names and Addresses of the companies to whom Glycerol and fatty acids were supplied alongwith the quantities.

3A) Consumption of fatty acids and glycerols.

Closing stock

We hereby confirm that the information furnished by us is correct and nothing has been concealed. We are fully conscious that any misrepresentation of facts and/or any violation of the term and conditions set out in this Public Notice will make us liable to penal action which may also include disentitlement to further import.

Signature of the applicant:
Name:
Designation:
Full Office Address:

ANNEXURE TO PUBLIC NOTICE NO. 14(PN)/97-2002 DATED 6TH JUNE, 1997

ANNEXURE - B
Directorate of Vanaspati, Vegetable oils & Fats

Block-2, 5th Floor,
CGO Complex, Lodhi Road,
New Delhi - 110 003.
Dated:

CERTIFICATE

1. Certified that the under-mentioned quantities of Crude Palm Stearin (C.P.S) have been utilised by M/S---- --------------- for production of Fatty Acid & Glycerol as indicated below during the period from ------------- to ------------ (In M.T)
PRODUCTION
Consumption of Fatty Acid
Glycerol
Crude Palm Stearin

2. Quantity of C.P.S authorised for further import during the period from ---------- to -------
Officer not below the rank of Dy.Director.

(4) All edible oils which are presently freely importable under various Exim Code Heading shall be freely importable subject to the condition that the importer shall have to intimate within 15 (FIFTEEN) days from the date of import indicating the following information to the Directorate of Vanaspati, Vegetable Oils and Fats:-

(i) Type of oil
(ii) Date of contract and actual import
(iii) Quantity
(iv) Price;and
(v) Origin.

In addition to the above information, importer will have to submit monthly statement in enclosed format with this Notification giving the relevant information about the actual import having taken place latest by the 7th of every month.


PUBLIC NOTICE NO. 38 (RE-2001)/1997-2002 dated 1st October, 2001

In exercise of powers conferred under paragraph 4.11 of the Export and Import Policy, 1997-2002, the Director General of Foreign Trade hereby makes the following amendment to the Public Notice No. 14(PN)/97-2002 dated 06.06.1997, namely:

“1. The following shall be added at the end of paragraph 3 of the aforementioned public notice:

‘The authorization to make future imports shall be given by the Directorate of Vanaspati, Vegetable Oils and Fats on annual basis.’

(4) Any item importable under this chapter shall not contain animal tallow in any form.

(5.) Fish Lipid Oil (containing Eicosapentaenoic Acid (EPA) and Docosaphexaenoic Acid (DHA) will be freely imported on the following prescribed standards:

Free fatty Acids (maximum): 0.10% (as Oleic Acod)
Moisture (maximum): 0.5%
Perozide value (maximum): 10 milli equivalent/kg of oil
Eicosapentaenoic Acid (EPA) + Docosapheaenoic Acid (DHA) (minimum): 15% (by weight)


Clarification on Valuation of Tariff of Palm Oil


Sub: Notification 36/2001- Cus(NT) dated 3rd August 2001 - Classification


46-CBEC 10.08.2001    Attention is invited to Notification 36/2001- Cus(NT),
dated 3rd August 2001, issued by The Central Government laying down tariff
values in respect of Crude Palm Oil, and RBD Palmolein falling under Chapter 15 of the First Schedule to the Customs
Tariff Act, 1975. Certain doubts appear to have been raised in trade & industry
circles in regard to date of effect of these tariff values special w.r.t
consignments which have already arrived and are pending clearances for home
consumption - whether from the port/ air cargo/ICDs etc. or from warehouse. Some
doubts on other related issues are also being raised. These have examined and I
am directed to clarify the position as follows:-



  1. As the notification has been issued by the Central Government for
    publication in the Gazette of India Extraordinary, on 3rd August, the said
    notification becomes effective from 3rd August, 2001 itself.

  2. The tariff values laid down in the said notification are values to be
    taken for assessment purpose and thus inclusive of insurance, freight, and
    landing charges;

  3. Section 15 Customs Act, 1962 lays down the crucial  date for
    determination of Tariff Valuation (apart from rate of duty) - except for
    baggage & imports by post. Thus, where Bills of entries for home consumption
    have filed under Section 46 before 3rd August, then Tariff Values will not
    be applicable - unless it was a prior entry filed bill of entry filed before
    entry inwards for the related vessel. In the later category of cases, it is
    the date of entry inwards which is crucial for applying Tariff Values. Thus,
    if entry inwards for the related vessel is 3rd August or later the new
    Tariff Values fixed for such home consumption bill of entries will apply -
    even if the Bill of entry may have been filed earlier to 3rd August.

  4. As regards goods cleared from a warehouse under section 68 of the
    Customs, 1962, Section 15(1)(b) of the Customs Act applies. Thus, if the
    actual clearance from  a warehouse take place on or after 3rd August,
    Tariff Values will be applicable for determining value for assessment
    purpose - even if exbond bill of entry may have been presented earlier to
    3rd August, 2001.

  5. For the purposes of conversion of the Tariff Values as notified in US$
    into Indian rupees, the rate of exchange applicable shall be the rate
    notified by the Central Government in the Department of Revenue from time to
    time (under sub-clause (i) of clause (a) of sub-section (3) of section 14 of
    the Customs Act, 1962) and as in force on the date on which the bill of
    entry is presented under section 46 of the Customs Act.



2. Any difficulty faced in the implementation of the notification may be
brought to the notice of the Board.


 

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