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GOVERNMENT OF INDIA
MINISTRY OF COMMERCE AND INDUSTRY
DEPARTMENT OF
COMMERCE
DIRECTORATE GENERAL OF FOREIGN TRADE
PUBLIC NOTICE No.
32/2015-2020
NEW DELHI, DATED THE 18th October, 2017
Sub: Amendments in Chapter-4 of Hand Book of Procedures 2015-2020, related to
clubbing of Advance Authorisations, extension of Export Obligation period and
regularisation of bonafide default in the cases where Authorisations were issued
for import of drugs from unregistered sources with pre import condition- reg
In exercise of powers conferred under Para 2.04 of the Foreign Trade Policy
2015-2020, as amended from time to time, the Director General of Foreign Trade,
in public interest, makes the following amendments in Hand Book of Procedures
2015-2020 as under:.
1) Para 4.38 of handbook of procedures 2015-20 is
amended to read as under:
“4.38 Facility of Clubbing of Authorisations
(i) No clubbing of Authorisations issued on or before 31st March, 2009 shall
be allowed.
(ii) Request for clubbing shall be made in ANF – 4C to the
concerned RA who has issued the Authorisations.
(iii) Facility of
clubbing of Advance Authorisations shall be available only for redemption /
regularisation of such Authorisations and no further import or export shall be
allowed.
(iv) Facility of clubbing shall also be available for Advance
Authorisations for Annual Requirement issued during Foreign Trade Policy period
2009- I4 and 2015-20, wherever exports and imports have taken place as per
Standard Input Output Norms (SION) notified.
(v) Only Authorisations
under which similar duty exemption has been availed shall only be allowed to be
clubbed. Such Authorisations may pertain to different financial years.
(vi) In case, exports are made outside EO period of any Authorisation, EO
extension may be allowed before clubbing of such authorisation, as per Para 4.42
of Handbook of procedures on payment of composition fee.
(vii) Only such
Advance Authorisations shall be clubbed where exports under all Authorisations
have been made within the initial/ extended EO period of the earliest issued
Authorisation.
(viii) Clubbing shall be permitted only when there is
shortfall in fulfillment of export obligation occurred in first authorisation
and excess exports are made in subsequent Authorisations. However, this
condition may not be insisted when validity period (for import) of
Authorisations runs concurrently and imports made in subsequent authorisation
falls within validity period (for import) of first authorisation and such import
made within validity period of first authorisation are on pro-rata, equal to or
in excess to the extent of exports made in first authorisation. Subsequent
Authorizations issued after expiry of validity of first Authorisation shall not
be allowed to be clubbed.
(ix) Clubbing of Authorisations issued with
different EO periods shall also be allowed.
(x) Accounting of exports
made outside expiry of initial or extended EO period of earliest issued
authorisation shall not be taken into consideration for EO fulfillment after
clubbing of such Authorisations.
(xi) Inputs which are common in all
Authorisations shall only be clubbed and duty free inputs shall be accounted for
as per SION/Ad-Hoc Norms fixed by NC. In other words all inputs covered in all
Authorisations need not be same.
(xii) Minimum value addition as
prescribed in FTP and Procedures for the export product will be required to be
maintained on clubbing. Upon clubbing, if shortfall in value or quantity is
noticed, the same shall be regularized under the provisions of Para 4.49 of HBP
2015-20.
(xiii) After clubbing, Authorisations shall for all purposes, be
deemed to be one Authorisation. The value addition would be calculated on the
basis of total CIF and total FOB arrived at after clubbing the Authorisations.
(xiv) No clubbing shall be permitted in respect of Authorisations where
misrepresentation / fraud have come to the notice of RA. Further, no clubbing of
Authorisations, where EODC/redemption letter has already been issued or
adjudication orders have already been passed by RA/Customs Authority, shall be
permitted.
(xv) Additional provisions for clubbing of Authorisations
covered under Appendix-30A (issued under FTP 2009-14) / Appendix-4J (issued
under FTP 2015-20) and Authorisations issued with EOP less than 18 months:
(a) Export obligation period of clubbed Authorisations shall be reckoned
from the date of earliest import in any of the Authorisations proposed to be
clubbed.
(b) Clubbing of such Authorisations shall be allowed provided
all exports are completed within initial/extended Export Obligation period
reckoned from date of earliest import in any of the Authorisations proposed to
be clubbed.
2) Para 4.42 (d) is amended to read as under:
(d)
Extension in export obligation period for Authorisations issued under
Appendix-4J (issued under FTP 2015-20) shall be allowed for a period not more
than the half of the stipulated export obligation period. In such cases,
composition fee shall be levied @ 0.5% per month of unfulfilled FOB value, in
case exports effected are more than 50% within initial Export Obligation period
and @ 1% per month where less than 50% exports have been effected within initial
export obligation period.
3) Sub-Para (g) is inserted in Para 4.49:
(g) Regularization of Bonafide default in the cases where Authorisation was
issued for import of drugs from unregistered sources with pre import condition:
Import of drugs from unregistered sources issued with pre import condition
shall be regularised in the following manner:
(i) The Authorisation
holder shall submit documents showing consumption of full imported quantity as
per norms. In case, there is shortfall in fulfilment of EO and unutilised
imported quantity remains with the authorisation holder, the Authorisation
holder shall either submit a certificate from the jurisdictional Central Excise
/ Customs Authority certifying destruction of the unutilised imported quantity
in their presence or proof of re-export of the same to the same supplier
in-terms of para 4.43A of HBP 2015-2020.
(ii) Exports made under free
shipping bills/under same authorisation after expiry of EO period using
unutilised quantity of drugs shall also be accepted in-lieu of submission of
destruction certificate as stated in para (i) above, provided the exact
description and technical characteristics of the drug exported matches with that
of export item described in the Advance Authorisation. However, the
Authorisation holder shall pay customs duty with applicable interest to the
Customs Authority on unutilized quantity imported under Advance Authorisation.
The exports made outside EO period shall only be considered for waiver of
destruction certificate and not for waiver of liability of applicable duties and
interest.
Effect of this Public Notice:
Amendments are made in
Chapter-4 of Hand Book of Procedures 2015-2020, related to clubbing of Advance
Authorisations, extension of Export Obligation period and regularisation of
bonafide default in the cases where an Authorisation was issued for import of
drugs from unregistered sources with pre import condition.
(Alok Vardhan Chaturvedi)
Director General of Foreign Trade
(Issued
from File No 01/94/180/186/AM18/PC-4)
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