| Date: |
22-01-2016
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| Notification No: |
DGFT Public Notice No. 56/2015-2020
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| Issuing Authority: |
DGFT
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| Type: |
Public Notice
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| File No: |
File No. 01/94/180/63/AM 16/PC4) |
| Subject: |
Procedure to deal with the pending applications for issuance of Duty Free Import Authorisation(s) (DFIA) and their transferability.
|
Government of India
Ministry of Commerce and Industry
Department of Commerce
Directorate General of Foreign Trade
Udyog Bhawan, New Delhi
Public Notice No. 56 /2015-2020
New Delhi, Dated the 22nd January, 2016
Subject: Procedure to deal with the pending applications for issuance of Duty
Free Import
Authorisation(s) (DFIA) and their transferability.
Several references have been received in this Directorate from Trade and
Industry and
Regional Authorities of DGFT regarding the manner of processing pending
applications
where DFIAs are yet to be issued and the manner of processing applications for
transferability where DFIAs have already been issued. Therefore, in exercise of
powers
conferred under paragraph 1.03 of the Foreign Trade Policy, 2015-2020, the
Director General
of Foreign Trade hereby notifies procedure to be followed for issuance of DFIA
and their
transferability as under:
- Pre-Export DFIA with AU condition and subsequent transferability on
completion of
export was available in the FTP 2009-14. Exemption from various duties was
available as
per Para 4.2.2 (d)&(e) read with para 4.2.6 of FTP 2009-14. In FTP 2015-20 the
Duty Free
import Authorisation (DFIA) with AU condition has been dispensed with w.e.f 1.04.2015.
Now DFIA scheme is available only on Post Export basis with eligible exemption
only from
basic customs duty as per para 4.26 of FTP 2015-20.
- As per Para 4.28 of HBP 2015-20 (relevant Para 4.12.1 of HBP 2009-14)
“Exports/supplies made in anticipation of grant of Advance Authorisation shall
be entirely
on risk and responsibility of the exporter.”
Moreover, the exporter has also been given the option under Para 4.29 of HBP
2015-20
(relevant para 4.12.2 of HBP 2009-14) to get conversion of duty free shipping
bills to
drawback shipping bills in case application of Advance Authorisation is rejected
or modified
by RA for allowing drawback to the exporter, if admissible.
- Vide
Notification No.5/2015-20 dated 1.05.2015, import of “raw sugar” under
Duty
Free Import Authorization (DFIA) scheme was withdrawn with immediate effect.
Therefore,
no benefit of DFIA scheme can be allowed for import of “raw sugar “on DFIAs
issued on or
after 1.05.2015.
- The manner of dealing with the requests for issuance of DFIA and
transferability will be
as per paragraphs given below:
4.1 Cases where Authorisation ( DFIA ) could not be issued up to 1.04.2015:
- Cases where DFIA applications were filed on line to Regional Authorities
(RAs) before
1.04.2015 by exporters but no exports have been made by exporter before
1.04.2015- In such situations, application will be treated as valid application
and RA
may issue DFIA based on Post Export basis only as per FTP 2015-20 and HBP
2015-20.
- Cases where DFIA applications were filed on line to Regional Authorities
(RAs) before
1.04.2015 by exporters and exports have been made partially/fully up to
31.03.2015-In such situation, RA may issue DFIA based on Post Export basis only as per FTP
2015-20 and HBP 2015-20 as per admissibility.
- Cases where DFIA applications were filed on line to Regional Authorities
(RAs) before
1.05.2015 by exporters and exports have been made partially/fully up to
30.04.2015
and exporter has used “raw sugar” as input as per SION- In such situations, DFIA
will
be allowed as per FTP 2015-20 to the extent of the entitlement of “raw sugar” on
the
export consignments for which Let Export Orders (LEOs) have been issued till
2400 hrs
on Thursday 30.4.2015. Any shipments having LEO on or after 1.05.2015, where raw
sugar has been used as an input will not be eligible for grant of DFIA. Exporter
will have
option to avail facility to get his Shipping Bills converted to Drawback Scheme
as per para 4.29 of HBP 2015-20
4.2 Cases where DFIA (not involving import of raw sugar as an input) was issued
as per
provisions of FTP 2009-14 but request for transferability could not be
considered up
to 30.03.2015.
In such cases Transferability request may be considered by RA as per the terms
and
conditions of DFIA issued during FTP 2009-14, provided all documents are in
order.
4.3 Cases involving import of raw sugar where request for transferability could
not be
considered.
- Request for transferability in respect of DFIA which were already issued in
earlier FTP
2009-14 and involve raw sugar as an input – Requests of transferability in such
cases
of DFIAs may be considered by RA, as per FTP 2009-14 , by allowing entitlement
of raw
sugar for export consignments for which Let Export Orders (LEOs) have been
issued till
2400 hrs on Thursday 30.4.2015. Any exports with LEO on or after 1.05. 2015 will
not
be eligible for DFIA benefit in view of
Notification No. 5/2015-20. Exporter will
have
option to avail facility to get his Shipping Bills converted to Drawback Scheme
as per para 4.29 of HBP 2015-20.
- Requests for transferable DFIA as per FTP 2015-20 on the exports made from
1.04.2015 till 30.04.2015 where raw sugar in an input- RA may grant transferable
DFIA
as per FTP 2015-20 by allowing entitlement of raw sugar for export consignments
made from 1.04.2015 up to 30.04.205 for which Let Export Orders (LEOs) have been
issued till 2400 hrs on Thursday 30.4.2015. Any exports with LEO on or after
1.05.2015
will not be eligible for grant of DFIA benefit in view of
Notification No.
5/2015-20. Exporter will have option to avail facility to get his Shipping Bills
converted to Drawback Scheme as per .29 of HBP 2015-20.
- Effects of this Public Notice: Procedure for processing pending applications
in RA for
issuance and transferability of DFIAs has been issued.
(Anup Wadhawan)
Director General of Foreign Trade
E-mail: dgft@nic.in
(Issued from File No. 01/94/180/63/AM 16/PC4)
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