Public Notice No. 10 dated 7^th June 1999

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 the following amendment in the Handbook of Procedures (Vol.1) (RE- 99), 1997-2002.

1.      The following shall be added as Paragraph 3(iii) in Appendix - 16-F

"3(iii) DTA sale of instant tea would be allowed upto 20% of FOB value of exports in the form of tea bags or bulk".

2.      Paragraph 1(v) of Appendix-16-F shall be amended to read as under:

"EOU/ EPZ rice mills will be exempted from levy orders limited to the quantity exported by them".

3.      The following shall be added at the end of paragraph 9.1:

"Export processing zones can also be set up in private/ joint sector as per guidelines issued vide notification 42(RE)/ 92-97 dated 31st May, 1994 (as mentioned in Appendix- 16G)". The details of STP scheme are given in Appendix- 44 and EHTP scheme is given in Appendix- 45.

4.      The paragraph 9.38(iii) shall be amended to read as under:

"Foreign investment into EOU/ EPZ/ STP/ EHTP shall be governed by the guidelines on the subject".

5.      The word and expression "Annexure �I" as appearing in 2nd line of paragraph 4 of Appendix- 16B (App.117) shall be amended to read as "Appendix-I".

6.      The word and expression "Appendix- __________" appearing in 6th line of paragraph 4 of Appendix- 16B (app-117) shall be amended to read as "Appendix-E".

7.      Entry No. 7 in Appendix- A of Appendix- 16B (page App-119) shall be corrected to read as follows:

         "Samples/ proto-types of each type of articles covered by manufacturing"

8.      The word and expression "owner of" shall be added after the word and expression "partnership firm" as appearing in 2nd line of Appendix- 16BB.

9.      In the 2nd recital clause of Appendix- 16BB, the words and expression "in response to an application by the warehouse" shall be added after the words and expression "whereas".

10.    The word and expression "warehouse" may be substituted with the word and expression "warehouse wherever figuring in recital clause and paragraph 1,2,3,4,5,6,7, 8,9 and 11.

11.    In the paragraph 6 of Appendix- 16BB shall be amended as follows:

"In the event of the Warehouse failing to fulfill the obligation undertaken by it as aforesaid except when the fulfillment of such obligation is prevented or delayed because of any law, order, proclamation, regulation/ ordinance of the Government, the Warehouse shall, on the instructions of the concerned Assistant Commissioner of Customs pay to the Government a sum equivalent to the amount of Customs/ Central Excise duty and interest thereon that would be leviable on the items allowed for import/ purchase by the Warehouse in terms of approval granted to them together with interest at the prescribed rate"

12.    The word and expression "unit" appearing in paragraph 8 (line7), paragraph 10 and last paragraph shall be substituted by the word and expression "Warehouse".

13.    The word and expression "government" appearing in paragraph 9 of Appendix- 16BB is amended to read as "Development Commissioner".

14.    Entry No. 7 of Annexure-A of Appendix- 16BB (App-119) shall be amended to read as "Samples/ proto-types"

15.    The following sentence in paragraph (d) of Appendix-16C stands deleted:

"The debonding of EOUs engaged in the manufacturer of licensable item is subject to concurrence of the Administrative Ministry"

16.    Proforma-I attached to Appendix-16E is substituted by Proforma-1 (enclosed as Annexure �A to this Public Notice).

17.    The column "Difference in export obligation" as appearing in proforma-III (App.137) shall be amended to read as " Difference in export performance".

18.    The Paragraph 3(ii) of Appendix-16EE (App.142) stands deleted.

19.    Against entry no. 75 in Appendix-41, the percentage of scrap or waste allowed shall be read as ________ 39%.

20.    The following shall be added as an agency after S.No. 20 under list of IS/ ISO 9000(series) certification agency of Appendix 32B.

21.    M/ s. International Certification Ltd,

656, Sector 10,

Panchkula
Haryana- 134 113

21.    The export obligation of a STP unit in NFE term shall be as follows:

Export obligation = US$ 0.25 million or 5 times the CIF value of imported capital goods, whichever is higher.

Minimum NFEP = 20%.]

22.    The word and expression "15%" as appearing in line No.2 of paragraph 7.36A shall be amended to read as "10%".

23.    The following shall be added at the end of paragraph 7.38:

"The CIF value of imports effected under the DEPB shall not exceed the FOB value against which the DEPB has been issued. The licensing authorities shall incorporate an endorsement to this effect on the DEPB and shall also mention the FOB value in (Indian rupees) on the DEPB.

24.    The paragraph 6.15 shall be amended to read as under:

"The competent authority as mentioned in paragraph 6.8, may consider, on merits, request for extension in export obligation period including extension for any one year or any one block of years for fulfilment of export obligation subject to the condition that extension of export obligation shall not exceed a total period of one year from the date of expiry of the export obligation period. Moreover, the extension in export obligation period for last block of year shall be allowed for a period of not more than 1 year. The extension in export obligation period shall be subject to such terms and conditions as may be prescribed by the competent authority".

25.    The notification S.O.162(E) of 1st March, 1996 appearing in Appendix- 47 (App.378) shall be replaced by Annexure -B (enclosed).

26.    The word and expression "Deputy Director General of Foreign Trade" appearing in column 11 of Appendix-27 shall be amended to read as "Jt. Director General of Foreign Trade".

27.    The word and expression "The Marine Product Export Development Agency" appearing in the List of HACCP Certification Agencies of Appendix-32B shall be corrected to read as "Marine Product Export Development Authority" appearing in the List.

28.    The heading of paragraph 5.36 shall be corrected to read as "Transfer of imported goods" .

29.    The column in table E as given in paragraph 8.28 shall be amended to read as under:

30.    The following shall be added as paragraph 7.54:

         Annual Advance Licence

31.    The replenishment against column no. 2.7 related to rough diamonds in Appendix-30A shall be corrected to read as "95" instead of "100". 

32.    This issues in public interest.

Annexure-B

MINISTRY OF COMMERCE
NOTIFICATION

New Delhi, the 20^th January 1999

S.O.24(E), In exercise of the powers conferred by section 13 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) and in supersession of Notification of the Government of India in the Ministry of Commerce No. 145(E) dated 24th February, 1998 published in the Gazette of India (Extraordinary) Part-II section 3, sub-section (ii), except as respects things done or omitted to be done before such supersession, the Central Government hereby authorises the officers specified in column (2) of the Table below for the purposes of exercising powers under section 13 read with section 11, subject to the limits specified against such officers in the corresponding entry in column 3 of the said Table, namely: