Public Notice No. 55 dated 12^th November 1997

In exercise of powers conferred under paragraph 4.11 of the Export and Import Policy, 1997-2002, as notified in the Gazette of India extraordinary, Part-II-Section 3 Sub-section (ii) vide S.O No.283 (E) dated 31.3.97, the Director General of Foreign Trade hereby makes following amendment in the Handbook of Procedures (Vol.1), 1997-2002:

1.      In paragraph 4.15 the following shall be inserted as sub paragraph (a)(iv):

2.      In Paragraph 8.8, the expression 'paragraph 15.2' shall be corrected to read as 'paragraph 15.3'.

3.      Paragraph 8.79 shall be amended to read as:

"The application for issue of Gold Replenishment Licence may be made to the licensing authority concerned as given in Appendix-29 in the form given in Appendix-15A alongwith documents prescribed therein. The application shall be filed within a period of six months following the month during which the exports have been made. The provisions of paragraph 8.7 and 8.8 shall also be applicable for Gold Replenishment Licence. However, the applicant is required to furnish proof of exports in terms of paragraph 8.36."

4.      In paragraph 10.7, the second sentence shall be amended to read as under:

"In case of supplies to EOU/ EPZ, the DTA unit shall claim the benefit of deemed exports, except Special Imprest Licence, from the Development Commissioner."

5.      The following sha11 be added at the end of paragraph 10.15(iv).

"The application for fixation of brand rate shall be filed within a period of 6 months from -the date of last supply covered under a single contract relating to an individual order or project. The application for claim of drawback under brand rate shall be filed within a period of six months from the date of fixation of brand rate or six months from the date of payment whichever is later. The provision of late cut as given in paragraph 15.16 shall also be applicable under this sub paragraph."

6.      In paragraph 11.11 (b), the last sub-paragraph shall be amended to read as under:

"Such applications as in (a) and (b) above with regard to exports effected from 1st April,1997 shall be filed in the form given in Annexure 208 against exports proceeds realised on six monthly basis (i.e. during April-September and October-March) within a period of six months from the end of such six monthly period."

7.      The following shall be added as paragraph 11.13:

11.13

i.       Exporters who were recognised .as Export House/ Trading House/ Star Trading House/ Super Star Trading House during the period 1996-97 shall also be eligible for Special Import Licence in terms of paragraph 11.11 (a) for the exports made during 1996-97, provided.

a.     They have again obtained such recognition during the period commencing from 1.4.97 and have opted for grant of Special import licence on current licensing year basis in terms of paragraph 12.8,or

b.     they have failed to obtain such recognition during the period commencing from 1.4.97

ii.      The benefit of Special Import Licence shall be given provided such exporters have not obtained Special Import Licence as an Export House/ Trading House/ Star Trading House/ Super Star Trading House for the exports made during 1996-97.

iii.     One consolidated app1ication of such Special Import Licence shall be filed by 31st December 1997 in the form given in Appendix XIV- Part B of Handbook of Procedures (Vol.1) 1996-97. .

8.      In paragraph 13.5, the last sentence shall be amended to read as under: "However, Export House/ Trading House/ Star Trading House/ Super Star Trading House shall also send monthly returns to FIEO in the format specified by FIEO."

9.      In paragraph 14.2, the first sentence shall be amended to read as follows:

In accordance with the provisions of paragraph 14.4 of the Policy, the manufacturers/ processors who have acquired the quality status of ISO 9000(Series) or IS/ ISO 9000 (Series) from agencies given in Appendix 32B shall be eligible for the grant of Special Import licence (SIL).

10.    The expression 'RALC/ appearing in paragraph 15.10 (b) and (c) shall be deleted.

11.    In S.No. 2 of 'Documents to be enclosed with the application form: of Appendix 11B the expression 'C. As certificates' shall be corrected to read as 'Chartered Accountant Certificate/ Cost and Works Accountant Certificate.'

12.    In S.No. 3 of 'Documents to be enclosed with the application form: of Appendix 11D the expression 'C.A certificate' shall be corrected to read as 'Chartered Accountant Certificate/ Cost and Works Accountant Certificate'.

13.    S.No.4 under 'Documents to be enclosed with the application form: � in Appendix 11E shall be deleted.

14.    S.No. 21 under PART -C of Appendix-17 shall be amended to read as follows:

"Central Excise Invoice and corresponding RT -.12 showing amount of Terminal Excise Duty paid or Invoice duly certified by excise authorities showing the amount of Terminal Excise Duty paid."

15.    In S.No. i) of 'A. FOR REFUND OF TERMINAL EXCISE DUTY � under �Documents to be enclosed with the application form' in Appendix 17, the words 'duly certified by a Chartered Accountant/ Cost and Works Accountant' shall be deleted.

16.    S.No. vi) of 'A. FOR REFUND OF TERMINAL EXCISE DUTY' under 'Documents to be enclosed with the application form' in Appendix 17 shall be amended to read as follows: "Original input stage invoices with corresponding RT -12 duly certified by excise authorities or Invoice duly certified by excise authorities showing the Terminal Excise Duty paid."

17.    The following note shall be added in Appendix 17 at the end of 'ADDITIONAL DOCUMENTS REQUIRED WHEREVER BRAND RATE OF DUTY DRAWBACK IS BEING CLAIMED'

18.    In Appendix 19, Part-ll, paragraph 8, the column 8 & 9 shall be amended to read as follows:

19.    In Appendix 19, S.NO. (iii) of CERTIFICATE OF CHARTERED ACCOUNTANT/ COST AND WORKS ACCOUNTANT/ COMPANY SECRETARY shall be amended to read as follows:

The net foreign exchange has been arrived at by deducting the following from the FOB value: (applicable for NFE criterion only)

CIF value of all licences issued (licensing yearwise) plus 2.5 times of the DEPB value issued plus CIF value of duty free gold/ silver/ platinum obtained from nominated agencies both by the exporter and its Subsidiary Company except EPCG licences, Special Import Licence and licences surrendered within the period of their validity.

To this effect, I/ We have examined and verified all the relevant documents like import licences, Bills of Entry, invoices, letters of credit etc.'

20.    In Appendix 20A, S.No. 4 shall be amended to read as follows:

21.    In Note 1 to Appendix 208, the expression 'paragraph 11.10' shall be corrected to read as 'paragraph 11.11'.

22.    In Appendix 20B, under the heading 'Documents to be enclosed with the application form, the following shall be added at S.No.5.

         'For export of Computer Software services, the documents as prescribed in Appendix 20C shall be given.�

23.    In S.No. 3(b)(iii) of 'Documents to be enclosed with the application form: ' of Appendix 20C, the expression 'Chartered Accountant' shall be corrected to read as 'Chartered Accountant Certificate/ Cost and Works Accountant Certificate.'

24.    In Appendix 20D, first paragraph of Part B shall be amended to read as:

The CIF value of all licences issued (licensing yearwise) plus 2.5 times of the DEPB value issued plus CIF value of duty free gold/ silver/ platinum obtained from nominated agencies both by me and my Subsidiary Company except EPCG licences, Special Import Licence and licences surrendered within the period of their validity is Rs. _________ during April-Sept __________/ October-March _____________

25.    In Appendix 20D, paragraph (ii) of CERTIFICATE OF CHARTERED ACCOUNT - ANT/ COST AND WORKS ACCOUNT ANT FOR ISSUE OF SPECIAL IMPORT LICENCE TO SUPER STAR TRADING HOUSE/ STAR TRADING HOUSE/ TRADING HOUSE/ EX- PORT HOUSE shall be amended to read as under:

'(ii)       CIF value of all licences issued (licensing yearwise) plus 2.5 times of the DEP8 value issued plus CIF value of duty free gold/ silver/ platinum obtained from nominated agencies both by the exporter and its subsidiary Company except EPCG Scheme licences, Special Import Licence and Licences surrendered within the period of their validity.'

26.    The following shall be added at the end of Appendix 25 as Note 3:

         '3. This shall also be required wherever specifically prescribed in the Policy/ Procedures.'

27.    In Appendix 27, S.No. 19 shall be amended to read as:

28.    In Appendix 32B, the 'Note' shall be amended to read as under:

29.    The following shall be added as S.No. 12 in Appendix 32B:

'Quality Systems Certification (India) Pvt Ltd

(Licenced Registrar under the Office of AQA, USA)

1-10-214 1st Floor, Ashok Nagar, Hyderabad 500 020

Tel: 040-7635381

Fax: 040-761 2179

30.    Paragraph I(i) of Appendix 42 as amended by Public Notice No.36 dated 27 .8.97 shall be amended to read as follows:

I(i) 'Advance DTA sale permission in respect of trial production shall not exceed the entitlement accruable on the exports envisaged in the first year and such sale shall be adjusted against the subsequent entitlements. The Unit shall be required to execute a bond with the Asstt. Commissioner of Customs/ Central Excise concerned to cover the difference between the amount of duties paid on the advance DT A sale and the full duties applicable on such goods.'

31.    Paragraph III-B of Appendix 42 as amended by Public Notice No.36 dated 27.8.97 shall be amended to read as follows:

III-B Items which are freely importable under the Policy may be sold in DT A over and above the entitlement under para 9.9(b) and (C) of the EXIM Policy, as per paragraph 9.9(e) against payment of full duty provided the unit has achieved the stipulated export obligation and NFEP, cumulatively.

32.    In Appendix 46, the 'Note' shall be amended to read as under:

33.    In Appendix 46, Sh. Anil Swarup shall be added in S.No. 16 under column 'Name and Address.'