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Government of India
Ministry of Commerce &
Industry
Department of Commerce
Directorate General of Foreign Trade
Public Notice No. 50/2015-20
New Delhi, the 31st March, 2021
Subject: Procedure for allocation of quota, for
year 2021-2022, for import of (i) Calcined Pet Coke (0.5 Million MT per annum)
for Aluminum Industry and (ii) Raw Pet Coke (1.4 Million MT) for CPC
manufacturing industry –regd.
The Hon’ble Supreme Court in the Writ
Petition No. 13029/1985 vide its order dated 9th October, 2018, has decreed that
the import of raw material for use as Calcined Pet coke (CPC) in Aluminum
Industry cannot exceed 0.5 Million MT per annum in total. Similarly import of
Raw Pet Coke for CPC manufacturing industry cannot exceed 1.4 Million MT per
annum. In light of the Order of the Hon’ble Supreme Court, the import policy
condition of Pet Coke was amended vide Notification No. 42 dated 23rd October,
2018 and wherein it had been indicated that the regulation and monitoring of
such imports will be as per the guidelines of Ministry of Environment, Forest
and Climate Change issued vide OM No Q-18011/54/2018-CPA dated 10th September,
2018.
2. Pursuant to the above and in exercise of the powers conferred by
Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 as amended
from time to time read with Para 2.04 of the Foreign Trade Policy (2015-2020),
the Director General of Foreign Trade hereby notifies the procedure/ mechanism
to implement the restriction imposed on import of Calcined Pet Coke and Raw Pet
Coke for year 2021-2022, as under:
Conditions and modalities of
application for import of Pet coke.
i. Imports will be subject to
guidelines laid down by MoEF&CC issued vide OM No Q-18011/54/2018-CPA
and
para wise compliance may be submitted with the application for consideration of
release of quota.
ii. The annual quantity limitation in import will be
operated on fiscal year basis. Accordingly, the total quantity permitted for
import per annum by the Hon’ble Supreme Court and available for import is (i)
Calcined Pet Coke for use as Calcined Pet coke in Aluminum Industry is 0.5
Million MT and (ii) Raw Pet Coke for CPC manufacturing industry is 1.4 Million
MT. This is available for all industrial units in these two sectors.
iii.
All eligible entities desiring to avail quota as mentioned above, may apply for
import license as per procedure mentioned in Trade Notice No. 49 dated 15th
March, 2019 along with State Pollution Control Board Certificate (SPCB)/
Pollution Control Committee (PCC) indicating capacity of the unit as on
9.10.2018 (Hon’ble Supreme Court Order in Writ Petition No. 13029/1985 ) and
also valid consent certificate from SPCB/ PCC, in the name of user industrial
units indicating the quantity permitted for import and its usage on a monthly
and yearly basis.
iv. Completed online application form and the documents
mentioned at (iii) above must reach on or before 15th April, 2021. Application
fee shall be paid in accordance with the procedure as in Appendix 2K of
Appendices & Aayat Niryat Forms and deposited online along with the application.
v. If documents received are found in order, application will be considered
in Exim Facilitation Committee (EFC) for import of restricted items and the
concerned jurisdictional Regional Authority will grant authorization. The import
license! authorization will be valid till 31.03.2022 only for the purpose of
imports.
vi. If, after obtaining permission!license, importer cannot
utilize! import the entire quantity for which the license has been issued, the
applicant shall intimate the same to DGFT at petcokeimport-dgft@gov.in and
importdgft@nic.in on or before 31.12.2021 in order to facilitate distribution
of the unutilized quota to other applicants who had applied initially. Failure
to utilize allotted quantity and non – surrender will disqualify the applicant
for future quota and the unutilized quantity will be deducted from their
entitlement.
vii. Further, the quantity allocated during FY 2021-22 to
the user applicants, if not utilized or surrendered to DGFT; the quantity left
unutilized will be deducted from the quota for which applicant would be eligible
in FY 2022-23, for better resource utilization.
viii. Holders of the
license for import of Pet Coke would keep the Regional Authority informed of the
details of his import consignments i.e the quantity of import, source and date
of import along with details of Bill of entry in respect of each consignment on
clearance of goods from Customs. Subsequently, a consolidated report within 30
days of the expiry of import authorization period must be submitted to the
Regional Authority, giving consolidated details of all imports made during the
period.
ix. EFC in DGFT will evaluate and allocate quota among applicants
and licenses will be issued by the concerned jurisdictional Regional Authorities
of DGFT.
x. Imports have to be completed before 31.3.2022 i.e.
consignments must be cleared by customs authorities
before this date.
2. Effect of this Public Notice: Procedure for allocation of quota for import of
(i) Calcined Pet Coke for use as Calcined Pet coke (CPC) in Aluminum Industry
and (ii) Raw Pet Coke for CPC manufacturing industry for the year 2021-2022 is
notified.
F. No: 01/93/180/03/AM-10/PC-2[A]/Part-II/e-10763
(Amit
Yadav)
Director General of Foreign Trade &
Ex-officio Addl. Secretary
to the Government of India
Email: dgft@nic.in
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