Chapter 3 - PROMOTIONAL MEASURES - Foreign Trade Policy (RE - 2007) / 2004-09

CHAPTER-3 PROMOTIONAL MEASURES Assistance to States for Infrastructure Development of Exports (ASIDE) 3.1 Scheme for Assistance to States for Infrastructure Development of Exports (ASIDE) is formulated to encourage State Governments to participate in promoting exports, and is administered by Department of Commerce (DoC). Objectives of ASIDE include: (i) Developing infrastructure such as roads connecting production centers with ports, (ii) Setting up of Inland Container Depots (ICD) and Container Freight Stations (CFS), (iii)Creation of new State level export promotion industrial parks / zones, (iv) Augmenting common facilities in existing zones, (v) Equity participation in infrastructure projects, (vi) Development of minor ports and jetties, (vii) Assistance in setting up of common effluent treatment facilities, (viii) Stabilizing power supply, and (ix)Any other activity as may be notified by DoC. Details of ASIDE are available at http://commerce.nic.in . Market Access Initiative (MAI) 3.2 MAI scheme, intended to provide financial assistance for medium term export promotion efforts with sharp focus on a country / product, and is administered by DoC. Financial assistance is available for Export Promotion Councils (EPCs), Industry and Trade Associations (ITAs), Agencies of State Governments, Indian Commercial Missions (ICMs) abroad and other eligible entities as may be notified. A whole range of activities can be funded under MAI scheme. These include, amongst others, (i) Market studies, (ii) Setting up of showroom / warehouse, (iii) Sales promotion campaigns, (iv) International departmental stores, (v) Publicity campaigns, (vi) Participation in international trade fairs, (vii) Brand promotion, (viii) Registration charges for pharmaceuticals, and (ix) Testing charges for engineering products. Each of these export promotion activities can receive financial assistance from Government ranging from 25% to 100% of total cost depending upon activity and implementing agency. Full text of guidelines is available at http://commerce.nic.in . Marketing Development Assistance (MDA) 3.2.1 MDA)Scheme is intended to provide financial assistance for a range of export promotion activities implemented by EPCs, ITAs on a regular basis every year. The scheme is administered by DoC. Assistance includes, amongst others, participation in (i) Trade Fairs and Buyer Seller meets abroad or in India, and (ii) Export promotion seminars. Financial assistance with travel grant is available to exporters traveling to Latin America, Africa, CIS region, ASEAN countries, Australia and New Zealand. In other areas, financial assistance without travel grant is available. MDA assistance is available for exporters with annual export turnover upto 1 Rs 15 Crores . Full text of guidelines is available at http://commerce.nic.in . Meeting Legal expenses for Trade related matters 3.2.1.1 DOC would provide financial assistance to deserving exporters on recommendation of EPCs for meeting cost of legal expenses for trade related matters. Towns of Export Excellence (TEE) 3.3 A number of towns have emerged as dynamic industrial clusters contributing handsomely to India's exports. It is necessary to grant recognition to these industrial clusters with a view to maximizing their potential and enabling them to move higher in the value chain and tap new markets. Selected towns producing goods of Rs. 1000 crore or more will be notified as TEE based on potential for growth in exports. However for TEE in Handloom, Handicraft, Agriculture and Fisheries sector, threshold limit would be Rs 250 crores. Recognized associations of units will be able to access funds under MAI scheme for creating focused technological services. Common service providers in these areas shall be entitled for EPCG scheme. Further such areas will receive priority for assistance under ASIDE scheme. Notified TEE are listed in Appendix 7 of HBP v1. Brand Promotion and Quality 3.4.1 Central Government aims to encourage manufacturers and exporters to attain internationally accepted standards of quality for their products. Central Government will extend support and assistance to Trade and Industry to launch a nationwide programme on quality awareness and to promote total quality management. Test Houses 3.4.2 Central Government will assist in modernisation and upgradation of test houses and laboratories to bring them at par with international standards. Quality Complaints/ Disputes 3.4.3 Regional Sub-Committee on Quality Complaints (RSCQC) set up at Regional Offices of this Directorate shall investigate quality complaints received from foreign buyers. Guidelines for settlement of quality complaints, in particular, and such other complaints, in general, are given in Appendix-16 of HBP v1. Trade disputes affecting trade relations 3.4.4 If it comes to DGFT notice or he has reason to believe that an export or import has been made in a manner that (i) is gravely prejudicial to trade relations of India with any other country; and / or (ii) is gravely prejudicial to interest of other persons engaged in exports or imports; and / or (iii)has brought disrepute to the country; DGFT may take action against such exporter or importer in accordance with FT (D R) Act, Rules and Orders made there-under and FTP. 3.5 EXPORT AND TRADING HOUSES EXPORT AND TRADING HOUSES 3.5.1 Merchant as well as Manufacturer Exporters, Service Providers, Export Oriented Units (EOUs) and Units located in Special Economic Zones (SEZs), Agri Export Zones (AEZs), Electronic Hardware Technology Parks (EHTPs), Software Technology Parks (STPs) and Bio-Technology Parks (BTPs) shall be eligible for status. Status Category 3.5.2 Applicant shall be categorized depending on his total FOB (FOR - for deemed exports) export performance during current plus previous three years (taken together) upon exceeding limit below. For Export House (EH) Status, export performance is necessary in at least two out of four years (i.e., current plus previous three years). Status Category Export Performance FOB / FOR Value (Rupees in Crores) Export House (EH) 20 Star Export House (SEH) 100 Trading House (TH) 500 Star Trading House (STH) 2500 Premier Trading House (PTH) 10000 Note 1. Exporters in Small Scale Industry (SSI) / Tiny Sector / Cottage Sector, Units registered with KVICs / KVIBs, Units located in North Eastern States, Sikkim and Jammu Kashmir, Units exporting handloom / handicrafts / hand knotted or silk carpets, exporters exporting to countries in Latin America / CIS / sub-Saharan Africa as listed in Appendix-9, Units having ISO 9000 (series) / ISO 14000 (series) / WHOGMP / HACCP / SEI CMM level-II and above status granted by agencies listed in Appendix-6 of HBP v1, exports of services and exports of agro products shall be entitled for double weightage on exports made for grant of status. Double Weightage shall be admissible to Merchant as well as Manufacturer Exporters. However, a shipment can get double weightage only once in any one of above categories. 1(a) Transfer of export performance from one to another is not permitted. Therefore disclaimer system shall not be allowed for counting of export turnover. 2. Exports made on re-export basis shall not be counted for recognition. 3. Exports made by subsidiary of a limited company shall be counted towards export performance of limited company for recognition only if limited company has a majority share holding in subsidiary company. 4. Deleted Privileges 3.5.2.1 A Status Holder shall be eligible for following facilities: i) Authorisation and Customs clearances for both imports and exports on self-declaration basis; ii) Fixation of Input-Output norms on priority within 60 days; iii) Exemption from compulsory negotiation of documents through banks. Remittance / Receipts, however, would be received through banking channels; iv) 100% retention of foreign exchange in EEFC account; v) Enhancement in normal repatriation period from 180 days to 360 days; vi) Deleted vii) Exemption from furnishing of BG in Schemes under FTP; and viii)SEHs and above shall be permitted to establish Export Warehouses, as per DoR guidelines. 3.5.3 Deleted 3.6 SERVICES EXPORTS Services Exports 3.6.1 Services include all 161 tradable services covered under GATS where payment for such services is received in free foreign exchange. A list of services is given in Appendix 10 of HBP v1. Registration cum Membership Certificate (RCMC) for Service Providers 3.6.2 Software exporters shall register themselves with Electronics and Software EPC. Exporters of 13 specific services listed in Sl. No. 34 of Appendix 2 of HBP v1 are required to register themselves with Services EPC. Other service exporters shall register themselves with Federation of Indian Exporters Organisation (FIEO). Common Facility Centres 3.6.3 Government shall promote establishment of Common Facility Centres for use by home-based service providers, particularly in areas like Engineering Architectural design, Multi-media operations, Software developers etc., in State and District level towns, to draw in a vast multitude of home-based professionals into services export arena. 3.6.4 SERVED FROM INDIA SCHEME Objective 3.6.4.1 Objective is to accelerate growth in export of services so as to create a powerful and unique 'Served From India' brand, instantly recognized and respected world over. Eligibility 3.6.4.2 All Service Providers, of services listed in Appendix 10 of HBP v1, who have a total free foreign exchange earning of at least Rs. 10 Lakhs in preceding financial year shall qualify for Duty Credit scrip. For Individual Service Providers, minimum would be Rs 5 Lakhs. Entitlement 3.6.4.3 All Service Providers (except Hotels, Restaurants and other Service Providers in Tourism Sector) shall be entitled to Duty Credit scrip equivalent to 10% of free foreign exchange earned during preceding financial year. However services and service providers as listed in Paragraph 3.18.1 of HBP v1 shall not be entitled. Remittances 3.6.4.3.1 Free foreign exchange earned through International Credit Cards and other instruments as permitted by RBI for rendering of service shall also be taken into account for Duty Credit scrip. Hotels Restaurants Other Service providers in the tourism sector 3.6.4.4 Hotels of one-star and above (including managed hotels) and heritage hotels approved by Department of Tourism (DoT)and other Service providers in tourism sector registered with DoT shall be entitled to duty credit scrip equivalent to 5% of free foreign exchange earned during preceding financial year. Stand-alone restaurants will be entitled to duty credit equivalent to 10% of foreign exchange earned by them in preceding financial year. Imports allowed 3.6.4.5 Duty Credit scrip may be used for import of any capital goods including spares, office equipment and professional equipment, office furniture and consumables; that are otherwise freely importable under ITC (HS). Imports shall relate to any service sector business of applicant. Utilization of Duty Credit scrip earned shall not be permitted for payment of duty in case of import of vehicles, even if such vehicles are freely importable under ITC (HS). In case of hotels, golf resorts and stand-alone restaurants having catering facilities, Duty Credit scrip may also be used for import of consumables including food items and alcoholic beverages. Non Transferability 3.6.4.6 Entitlement / goods (imported / procured) shall be non transferable (except within group company and managed hotels) and be subject to Actual User condition. 3.6.4.7 to 3.6.4.9 Deleted Procurement from Domestic Sources 3.6.4.10 Utilization of Duty Credit Scrip shall be permitted for payment of excise duty in terms of DoR notification issued for procurement from domestic sources, of items permitted under Para 3.6.4.5. 3.7 Deleted 3.8 VISHESH KRISHI AND GRAM UDYOG YOJANA (VKGUY) (SPECIAL AGRICULTURE AND VILLAGE INDUSTRY SCHEME) Objective 3.8.1 Objective of VKGUY is to promote exports of (i) Agricultural Produce and their value added products; (ii) Minor Forest Produce and their value added variants; for exports w.e.f 1.4.2004 (iii)Gram Udyog Products, for exports w.e.f 01.04.2006; and (iv) Forest Based Products, for exports w.e.f 01.04.2007. Such products shall be listed in Appendix 37A of HBP v1. Entitlement 3.8.2 Duty Credit scrip benefits are granted with an aim to compensate high transport costs. Exporters, of products notified in Appendix 37A of HBP v1, shall be entitled for Duty Credit scrip equivalent to 5% of FOB value of exports (realized in free foreign exchange). However, Duty Credit scrip benefits shall be granted only at a reduced rate of 3.5% of FOB value of exports (realized in free foreign exchange) in such cases where exporter has availed benefits under 9 [Chapter 4 of FTP for import of Inputs] (other than catalysts, consumables and packing materials) relating to export item under this scheme. Period of exports for which entitlement is granted is given in Appendix 37A of HBP v1. However, additional products notified / clarified in Appendix 37A of HBP v1 shall be entitled for Duty Credit Scrip on exports, w.e.f 1.4.2007, unless otherwise specified. 3.8.2.1 Exports made by EOUs / BTPs who do not avail direct tax benefits / exemption shall be eligible, provided the same is not covered under Paragraph 3.8.2.2. 3.8.2.2 Following exports shall not be taken into account for Duty Credit scrip entitlement. (a) (i) Export of imported goods covered under Para 2.35 of FTP; (ii) Exports through transshipment, meaning thereby that exports originating in third country but transshipped through India; (b) Deemed Exports; (c) Exports made by SEZ units; and (d) Items, which are restricted or prohibited for export under Schedule-2 of Export Policy in ITC (HS). 3.8.3 to 3.8.5 Deleted 3.8.6 2 For exports during 2007-08, all Status Holders (having status recognition w.e.f 1.4.2007) exporting products covered under ITC HS Chapters 1 to 24, shall be incentivized with duty credit scrip equal to 10% of FOB value of agricultural exports (including benefits entitled under paragraph 3.8.2) provided that the total benefits for all status holders put together does not exceed Rs 100 Cr (i.e. Rs 50 Cr for each half year) and the conditions specified in Para 3.19.10 of HBP v1 (RE2007) are satisfied. Zonal Office CLA, New Delhi shall be the licensing office for grant of the benefit to all status holders. The following capital goods / equipments shall be permitted for import: (i) Cold storage units (including Controlled Atmosphere (CA) and Modified Atmosphere (MA) Stores); and Pre-cooling Units and Mother Storage Units for Onions, etc.; (ii) Pack Houses (including facilities for handling, grading, sorting and packaging etc.); and (iii) Reefer Van / Containers. Imported capital goods/equipment shall be utilized for storage, packing etc. (as in (ii) above) and transportation of agricultural products (including agro-processed perishable products). This additional benefit shall be subject to actual user condition and hence non-transferable. 3.9 FOCUS MARKET SCHEME Objective 3.9.1 Objective is to offset high freight cost and other externalities to select international markets with a view to enhance our export competitiveness in these countries. Eligibility 3.9.2 Exporters of all products 3 (***) to notified countries (as in Appendix 37C of HBP v1) shall be entitled for Duty Credit scrip equivalent to 2.5% of FOB value of exports for each licensing year commencing from 1 st April, 2006. However additional Markets notified in Appendix 37C of HBP v1 shall be entitled for Duty Credit scrip on exports w.e.f 1.4.2007. 3.9.2.1 Exports made by EOUs / EHTPs / BTPs who do not avail direct tax benefits / exemption shall be eligible, provided the same is not covered under Paragraph 3.9.2.2. 3.9.2.2 Following exports shall not be taken into account for computation of entitlement: a. (i) Export of imported goods covered under Para 2.35 of FTP; (ii) Exports through transshipment, meaning thereby that exports originating in third country but transshipped through India; b. Export turnover of SEZ units or supplies made to such units or SEZ products exported through DTA units; c. Deemed Exports; d. Service Exports; e. Diamonds and other precious, semi precious stones; f. Gold, silver, platinum and other precious metals in any form, including plain and studded Jewellery; g. Ores and Concentrates, of all types and in all forms; h. Cereals, of all types; i. Sugar, of all types and in all forms; j. Crude / Petroleum Oil Crude / Petroleum based Products covered under ITC HS codes 2709 to 2715, of all types and in all forms; and k. Items, which are restricted or prohibited for export under Schedule-2 of Export Policy in ITC (HS). 3.9.2.3 Deleted 3.9.3 to 3.9.6 Deleted 3.10 FOCUS PRODUCT SCHEME (FPS) Objective 3.10.1 Objective is to incentivise export of such products, which have high employment intensity in rural and semi urban areas, so as to offset infrastructure inefficiencies and other associated costs involved in marketing of these products. Entitlement 3.10.2 Exports of notified products (as in Appendix 37D of HBP v1) 3 (***) to all countries 6 (including SEZ units) shall be entitled for Duty Credit scrip equivalent to 1.25% of FOB value of exports for each licensing year commencing from 1 st April, 2006. However, additional products notified / clarified in Appendix 37D of HBP v1 shall be entitled for Duty Credit scrip on exports w.e.f 1.4.2007. 3.10.2.1 Exports made by EOUs / EHTPs / BTPs who do not avail direct tax benefits / exemption shall be eligible, provided the same is not covered under Paragraph 3.10.2.2. 3.10.2.2 Following exports shall not be taken into account for computation of entitlement. a. (i) Export of imported goods covered under Para 2.35 of FTP; (ii) Exports through transshipment, meaning thereby that exports originating in third country but transshipped through India; b. Export turnover of SEZ units 7 (***) or SEZ products exported through DTA units; and c. Deemed Exports. 3.10.2.3 Deleted 3.10.3 to 3.10.6 Deleted 3.11 High-Tech Products Export Promotion Scheme Objective 3.11.1 Objective is to incentivise export of High Technology products. Entitlement 3.11.2 4 Exports of High Technology products (as notified in Appendix 37E of HBP v1) in free foreign exchange to all countries, shall be entitled for Duty Credit Scrip equivalent to: (a) 1.25 % of FOB value of exports; or (b) 5% of incremental growth in FOB value (realized as per BRC / FIRC) of exports of notified products for current year (i.e., 2007-08) over previous year (i.e., 2006-07) and similarly (all taken together) for each subsequent licensing year. Exporter may opt for either (a) or (b) above. However, applicants with 'nil' exports in base year shall not be eligible. 5 3.11.2.1 Exports made by EOUs / EHTPs / BTPs who do not avail direct tax benefits / exemption shall be eligible, provided the same is not covered under paragraph 3.11.4. Ceiling 3.11.3 Duty Credit Scrip shall not exceed Rs 15 Cr for an exporter for all shipments done in a licensing year put together, for which benefit is being claimed under this scheme. Ineligible Exports / Categories 3.11.4 Following shall not be counted for entitlement (i) Export of imported goods covered under Para 2.35 of FTP; (ii) Exports originating in third country but transshipped through India; (iii)Exports of SEZ units or SEZ products exported through DTA units; and (iv)Deemed Exports. 3.12 Common Provisions for Schemes under this Chapter, except where specifically provided for. CENVAT /Drawback 3.12.1 Additional customs duty/excise duty paid in cash or through debit under Duty Credit scrip shall be adjusted as CENVAT Credit or Duty Drawback as per DoR rules, except under SFIS. Special Provisions 3.12.2 Government reserves right in public interest, to specify export products or services or exports to such countries, which shall not be eligible for computation of entitlement. Further Government reserves right to change ceiling on Duty Credit scrip under this chapter. Similarly, Government may also notify goods (in Appendix 37B of HBP v1), which shall not be allowed for import under Duty Credit scrips. TRA Facility 3.12.3 Utilization of Duty Credit Scrip for imports from a port other than port of registration shall be allowed under Telegraphic Release Advice (TRA) facility as per DoR notification. Imports Allowed 3.12.4 Duty Credit Scrip may be used for import of inputs or goods including capital goods, provided same is freely importable under ITC (HS). However, import of items listed in Appendix 37B of HBP v1 shall not be permitted to be debited. Free Transferability 3.12.5 Duty Credit scrip and items imported against it would be freely transferable, except under SFIS. Exclusivity of Entitlement 3.12.6 For a shipment, benefit under any one of schemes covered in this Chapter can alone be claimed, at exporter's option. Import under Lease financing 3.12.7 Utilization of Duty Credit scrip shall be permitted for payment of duty in case of import of capital goods under lease financing in terms of provision in Para 2.25 of FTP. Transfer of Export Performance 3.12.8 Transfer of export performance from one to another shall not be permitted. Thus, a shipment bill containing name of applicant shall be counted in export performance / turnover of applicant only if export proceeds from overseas are realized in applicant's bank account and this shall be evidenced from BRC / FIRC. 8 [However, for VKGUY, FMS and FPS, benefits can be claimed either by the supporting manufacturer (along with disclaimer from the company / firm who has realized the foreign exchange directly from overseas) or by the company / firm who has realized the foreign exchange directly from overseas.] ******************************* Note : 1. The words '10 Crores' is replaced by '15 Crores' vide Notification No. 22(RE-2007)/2004-2009 dated 13/8/2007 2. Has been substituted vide Notification no 66/2007 dated27/12/2007 before it was read as, "All Status Holders shall be incentivised with duty credit scrip equal to 10% of FOB value of agricultural exports (including benefits entitled under paragraph 3.8.2) which can be used for duty free import / procurement of capital goods related to infrastructure meant for agro-processing to promote agricultural export. [OLD- All Status Holders shall be incentivised with duty credit script equal to 10% of FOB value of agricultural exports which can be used for duty free import / procurement of capital goods related to infrastructure meant for agro-processing to promote agricultural exports.] This would be in addition to prevailing benefits in other schemes administered by Ministry of Agriculture and others for infrastructure development for agriculture, agricultural items and agro-processing activities like :- (i) Cold storage units including Controlled Atmosphere (CA) and Modified Atmosphere (MA) Stores, pre-cooling Units and mother storage for onions etc. (ii) Pack Houses (including facilities for handling, grading, sorting and packaging etc.), and (iii) Reefer Van / Containers. Assessment of applicant's proposal would be done with respect to past export performance and on a first come first served basis. This additional benefit shall be subject to Actual User condition and hence non-transferable." First sentence substituted Last sentence - added vide Notification No. 19/2007 dated 30/07/2007 3. The words ' through EDI enabled ports' has been deleted vide Notification No. 06 (RE-2007)/ 2004-2009 dated 23/5/2007 (Consequently shipments from non-EDI enabled ports shall also be eligible for benefits under Focus Product Scheme and Focus Market Scheme)These amendment shall be effective from 1/4/2007 vide Notification No. 22(RE-2007)/2004-2009., Dated August 13, 2007 4. Has been replaced vide Notification No. 19 (RE-2007)/2004-2009 dated 30/7/2007 , before it was read as, "Exports of notified High Tech products (as notified in Appendix 37E of HBP v1) through EDI enabled ports to all countries, shall be entitled for Duty Credit scrip equivalent to 10 % of incremental growth in exports of notified products put together (realized in free foreign exchange) for current year (i.e., 2007-08) over previous year (i.e., 2006-07) for each licensing year commencing from 1st April, 2007. Computation would be on following basis: (i) Exports of notified products taken together. (ii) FOB value realized (as reflected in BRC / FIRC). (iii)Applicant with 'nil' exports in base year shall not be eligible." 5. Has been added vide Notification No. 19 (RE-2007)/2004-2009 dated 30/7/2007 6. Has been added vide Notification No. 64 (RE-2007)/2004-2009 dated 24/12/2007 7.The words 'or supplies made to such units' has been deleted vide Notification No. 64 (RE-2007)/2004-2009 dated 24/12/2007 (take effect from 1/4/2006) 8. Has been added vide Notification No. 43/2008 dated 23/8/2008 9. Has been substituted vide Notification No. 52 (RE - 2008)/2004-2009 dated 30/10/2008 before it was read as, "'Chapter 4 of FTP for import of Agriculture Inputs"