Guidelines for applying/obtaining quota for export of sugar to USA under Tariff rate quota (TRQ). - DGFT - Trade Notice

Trade Notice for Export of Sugar to USA under TRQ On the basis of applications, seeking quota, received upto May 20, 2015 entire quota quantity of 8424 MT, available for the year upto September 30, 2015 has been allocated in accordance with the terms contained in the trade notice. Qouta quantity for next fiscal will be announced as and when notified by DGFT. Agricultural and Processed Food Products Export Development Authority (Ministry of Commerce Industry, Govt.of India) Trade Notice Dated: May 5, 2015 Subject: Export of Sugar to USA under TRQ As per Notification No 3/2015-2020 dated April 20, 2015 issued by Directorate General of Foreign Trade, Department of Commerce, Govt. of India, New Delhi (DGFT) the export of Sugar to USA under TRQ is allowed subject to the following conditions: 1. The quota will be operated by Agricultural and Processed Food Products Export Development Authority (APEDA), New Delhi. 2. This will be subject to quantitative ceiling notified by DGFT from time to time. 3. The exporters shall be required to furnish the details of actual exports (viz. quantity, value, destination, name and address of foreign buyers etc.) to APEDA, New Delhi. 4. Certificate of Origin, if required, shall be issued by additional DGFT, Mumbai. For the US fiscal year 2015 ending on September 30, 2015, a quantity of 8424 MT(eight thousands four hundred and twenty four MT) of raw sugar( at 98 degree pol ) is available for export out of non -levy (free sale) quota, as notified by DGFT vide Public Notice No. 9/2015 -2020 dated May 1, 2015 . Accordingly, applications are invited from exporters for allocation of quota for export of raw sugar (at 98 degree pol) to USA under TRQ. The following are the guidelines for applying/obtaining quota for export of sugar to USA under TRQ: (i) Applications for obtaining quota, as per format in Annexure I, would be received at APEDA New Delhi upto May 20, 2015. The applications are to be submitted, in sealed cover, super scribed as, Application for Obtaining Quota for Export of Sugar to USA under TRQ, addressed to Mr. Umesh Kumar, Assistant General Manager, APEDA, NCUI Auditorium Building, August Kranti Marg, Hauz Khas, New Delhi-110016. (ii) The decision after scrutiny of all applications received upto May 20, 2015 will be taken and Registration-cum-Allocation-Certificate (RCAC) issued in 3 working days. In case the quantity allocated on the basis of applications received is lower than total quantity available for the sugar year ending September 30, 2015, the balance available quantity would be announced on APEDA website: www.apeda.gov.in by June 1, 2015. The interested exporters may submit applications upto June 20, 2015 for obtaining quota against available quantity in the format as per Annexure I. (iii) Again the decision on all applications received by June 20, 2015 will be taken and Registration-cum-Allocation-Certificate (RCAC) issued by APEDA in 3 working days. In case, any balance quantity of quota is available after this allocation same procedure would be adopted on monthly basis till allocations are made and RCAC issued for total available quota quantity for the sugar year ending September 30, 2015. (iv) The application would be accompanied by a Bank Guarantee in the format as per Annexure II, in Indian Rupees for an amount equivalent to 5% of the value of the quota quantity at the FOB price applied for. (v) Processing charges of ₹ 10 per MT of the quantity applied for shall be paid by the applicants. This amount shall be paid by Demand Draft/pay Order drawn in favour of APEDA payable at New Delhi. All applications for obtaining quota should be accompanied by Demand Draft/Pay Order of requisite amount. (vi) The available quota quantity will be allocated to the applicants on the basis of highest FOB price for export in USD per MT. In case the quantity applied for by the applicant quoting the highest FOB price is less than the available quota, balance quantity will be allocated to other applicants in order of price quotations. In case more than one applicants submit the same FOB price the allocation of available quota will be made on pro data basis. (vii) No request for change in the name of exporter/importer and FOB price will be entertained once the application has been submitted and Registration-cum-Allocation-Certificate (RCAC) has been issued. (viii) RCAC shall be issued with the validity period of 90 days. One extension of 30 days shall be considered on merit based on export performance during initial validity period. No further extension beyond 30 days shall be allowed under any circumstances. (ix) The exporter would be required to submit, as per format in Annexure III, details of actual export against each RCAC within 15 days from the expiry of the validity of a particular RCAC in respect of full quantity issued. Inability to complete export of full quantity of the RCAC would invite penalty in the form of invocation of Bank Guarantee by APEDA. The quantity surrender, if any, would be added to the balance available quota quantity to be announced on APEDA website by First day of the next month as per clause (ii) above. Krishan Kumar Chairman New Delhi May 5, 2015 Annexure I Application for Obtaining Quota for Export of Raw Sugar( at 98 degree pol) to USA under TRQ 1. Name /Address of the : Applicant Telephone/Fax Email address 2. APEDA/FIEO Registration NO: 3. I .E. Code No: 4. Quantity Applied for in MT: 5. FOB Price USD/MT: 6. Performance Guarantee Amount (5% of total FOB value of quantity applied for): Rs 7. Date Validity of Performance Guarantee (minimum 180 days from the date of application): 8. Name and address of Importer 9. Port of Shipment In India: 10. Port of Destination: Declaration : (i) We certify that all information furnished in our application is true to our knowledge. (ii) We undertake to effect export of the quantity allocated to us within the validity of the RCAC issued by APEDA. (iii) We certify that we are aware of the quality requirements of USA in respect of the Sugar which we have undertaken to export to USA under the TRQ and will ensure that no substandard product is exported by us. (iv) We understand that in case of non-shipment of quota quantity allocated by APEDA as per RCAC within the validity period, APEDA shall have the right to forfeit the performance bank guarantee submitted by us. Signature Name Designation Authorised Signatory of the Exporter. Annexure II Format for Performance Bank Guarantee (on ₹ 100/-Stamp Paper) Subject : Performance Bank Guarantee for Export of Raw Sugar to USA under TRQ WHEREAS the Agricultural and Processed Food Products Export Development Authority mentioned as APEDA hereinafter, through its Trade Notice dated _____________ has invited applications from the exporters for obtaining quota for export of sugar to USA under TRQ as per the conditions prescribed in the said Trade Notice, which terms and conditions we are fully aware and in know of, and whereas M/s. _________________________,the exporter, having their office at.......... have undertaken to export........MT of raw sugar to USA under TRQ at the FOB India price of USD .....per MT. AND WHEREAS the exporter is required to furnish alongwith the application. Performance Bank Guarantee equivalent to 5% of the total FOB value of the quantity applied for in Indian Rupees in terms of the above said Trade Notice. AND WHEREAS the exporter is required to export of raw sugar within period of the validity given in the Registration -cum-Allocation Certificate (RCAC) to be issued by APEDA. 1. We (name and address of a Scheduled Indian Bank) hereinafter called THE BANK do hereby undertake and promise to pay the APEDA, New Delhi an amount of Rs.__________ (Rupees ________________________________________________) in the event of failure of the exporter (i) to fulfill any condition of the RCAC or (ii) to fulfill the obligation to export the quantity allocated to M/s. ___________________________________ within the stipulated time or according to the prescribed terms and conditions whether the shipment is in part or full. 2. Our liability under this guarantee shall fall due immediately on a demand made in this regard by APEDA within the prescribed period and notwithstanding any dispute or objection raised by the exporter regarding their liability to pay for non-performance of the commitments made by the said exporter. We do hereby undertake and promise to pay without demur and on demand by APEDA, New Delhi , the sum of Rs.___________(Rupees _____________________________________________) in respect of which the said exporter fails to fulfill these commitments and that such claim will be restricted upon the full value of this guarantee i.e. Rs. ___________ (Rupees ___________________________________________________) if the export shipment is not completed in full. 3. We, the ____________________________ Bank further agree that this guarantee shall remain in full force and effect for 180 days from the date of date of application by exporter for issue of the RCAC by APEDA and that it shall continue to be enforceable till all the amounts due to APEDA have been fully paid, discharged and Chairman, APEDA or his any authorised representative certifies that the terms and conditions of the said Order have been fully and properly carried out by the said exporter. Unless a demand or claim under this guarantee is made on us in writing upto 6 months from the date of expiry of this guarantee in respect of non-performance regarding export of Sugar to USA under TRQ, we shall be discharged from all liabilities under this guarantee further. 4. We, the _________________________ Bank further agree that the APEDA shall have the fullest liberty without consent and without affecting in any manner our obligation hereunder, to vary any of the terms and conditions of the said Trade Notice from time to time to postpone for any time or from time to time any of the powers exercisable by the APEDA against the said exporter and to forebear or enforce any of the terms and conditions of the said Order and we shall not be relieved from our liability by reasons of any such variation or extension being granted to the said exporter or forbearance act of omission on the part of the APEDA to the said exporter or by any such matter or thing whatsoever which under the law relating to sureties but for the said reservation would relieve us from the liability. 5. We, the ________________________ Bank further agree that the decision of Chairman, APEDA as to the default on the part of the exporter and the amount payable by us shall be final and binding on us and on demand made by the APEDA we shall immediately and without demur within 10 days pay the same to the Agriculture and Processed Food Products Export Development Authority, 3 rd Floor, NCUI Building, 3 Siri Institutional Area, August Kranti Marg, Hauz Khas, New Delhi 110 016 , by way of Demand Draft/Pay Order drawn in its favour. 6. We shall be relieved of and discharged from all liabilities under this guarantee only on the exporter having fulfilled all his obligations and exported the entire quantity of RCAC by the last day of shipment as prescribed by the APEDA in this particular case and submitted satisfactory proof of shipment and realization of export value by the Bank to the full satisfaction of the APEDA in this regard within the prescribed time whose decision in this connection shall be final and binding. 7. This guarantee will not be revoked by any change in the constitution of the Bank and/or the exporter. 8. Dated at _________________ this _____________________ day of_______________2015. In presence of ______________________________ (Signature of the Guarantor) Signature of Applicants (to be signed by the Proprietor/Managing Director/Authorised Signatory/Managing Partner of the unit showing his Designation as such) Date : Seal : Annexure III Format for Submission of Details of Export of Raw Sugar to USA under TRQ Name of the Exporter: APEDA/ FIEO Registration No : RCAC No. and Date Quantity in MT Consignee/Importer Date of Bill of Lading FOB Value USD Port of Shipment Port of Destination Authorised Signatory Name and Designation Date Place