Amendments in the ITC(HS) Classifications of Export and Import items, 2004-2009 - 38 (RE-2007)/2004-2009 - Foreign Trade Policy

Superseded vide Notification No 71 (RE 2010)/2009-2014, dated 09/09/2011 NOTIFICATION NO. 38/2007, DT. 15/10/2007 Amendments in the existing entries at Sl. No.45 in Chapter 10 - Table B Schedule 2 (1006 - Rice) S.O.(E) In exercise of the powers conferred by Section 5 of the Foreign Trade (Development Regulation) Act, 1992 (No.22 of 1992) read with Para 1.3 and Para 2.1 of the Foreign Trade Policy, 2004-2009, the Central Government hereby makes the following amendments in the ITC(HS) Classifications of Export and Import items, 2004-2009 as amended, from time to time : With effect from 10.10.2007, in supersession of Notification No. 34 (RE-2007)/2004-2009, dated 08.10.2007, the following new entry shall be inserted after entry at Sl. No.45 in Chapter 10 under Schedule 2 of ITC(HS):- Sl. No. Tariff Item HS Code Unit Item Description Export Policy Nature of Restriction 24[45A 100610 10061090 10062000 100630 10063010 10063090 10064000 Kg. Non-Basmati Rice Prohibited except export of PUSA-1121 variety of Non-basmati rice. Export of PUSA-1121 variety of Non-basmati rice shall be allowed subject to the following conditions: 1. Grain of rice to be exported shall be more than 7 mm of length and ratio of length to breadth of the grain shall be more than 4; 2. Export allowed subject to registration of contracts with APEDA, New Delhi, prior to shipment; 3. Export permitted only if the minimum FOB price is US$ 1200 per ton or Rs. 48,000/- per ton; 4. Export will be restricted through the following ports only:- (i) Kandla (ii) Kakinada (iii) Kolkata (iv) JNPT, Mumbai (v) Mundra, and (vi) Pipavav 5. Export shall be allowed with immediate effect, out of paddy procured in KMS 2008-09. 10061010 Kg. Rice of seed quality Free vide Notification No.32 dated 19th August, 2008 Subject to conditions imposed vide Notification No.32 dated 19th August, 2008. 45AA 10063020 Kg. Basmati Rice including (Dehusked (Brown), semi-milled, milled both in either par-boiled or raw condition) Free 32 [ 1. Grain of rice to be exported shall be more than 6.61 mm of length and ratio of length to breadth of the grain shall be more than 3.5; ] 26 [2. Export permitted only if the Minimum Export Price (MEP) is US $ 900 per ton or Rs. 41,400/-per ton FOB. ] (1) Insecticide Residue Testing Laboratory. (2) Geo-Chem Laboratories Pvt. Ltd. (3) Reliable Analytical Laboratory (4) Arbro Pharmaceuticals Ltd. (5) Shri Ram Institute for Industrial Research, Delhi (6) Shri Ram Institute for Industrial Research, Branch Office Bangalore (7) Delhi Test House; and (8) Vimta Labs. or any other agency as may be notified from time to time. 3. Export permitted only if the minimum FOB price is US$ 1200 per ton or Rs.48,000/- per ton. 4. Export of Basmati Rice will be restricted through the following six ports only : (i) Kandla (ii) Kakinada (iii) Kolkata (iv) JNPT, Mumbai (as approved vide Notification No.82 dated 5.3.08. (v) Mundra, and (vi) Pipavav (as approved vide Notification No.84 dated 17.3.08). 2.1 Ban on non-basmati rice will not be applicable to exports as under : 2.1.1 Under Food Aid Programme (as approved vide Notification No.38 dated 15.10.2007). 2.1.2 To Republic of Mauritius through STC : (a) 1000 MTs through STC (as approved vide Notification No.58 dated 26.11.2007). (b) 9000 MTs through MMTC (as approved vide Notification No.73 dated 24.1.2008). 2.1.3 To Peoples Republic of Bangladesh : (a) 50,000 MTs by LMJ International Ltd., 30 J.L. Nehru Road, Kolkata as per tender opened on 8.10.2007 (as approved vide Notification No.60 dated 6.12.2007). (b) 1,010 MTs by Government of West Bengal as relief material (as approved vide Notification No.78 dated 18.2.2008). (c) 50,000 MTs by WBECSC to be procured exclusively from the State of West Bengal (as approved vide Notification No.80 dated 18.2.08). (d) 50,000 MTs by WBECSC and 1,00,000 MTs each by STC, MMTC, PEC and NAFED (as approved vide Notification No.81 dated 29.2.2008). 2.1.4 50,000 MTs to Madagascar through STC (as approved vide Notification No.73 dated 24.1.2008). 2.1.5 25,000 MTs to Comoros through MMTC (as approved vide Notification No.73 dated 24.1.2008). 2.1.6 40,000 MTs to Republic of Sierra Leone through PEC (as approved vide Notification No.88 dated 26.3.2008). 25 [2.1.7 Ban on export of non-basmati rice shall not be applicable to export of rice to the following countries:- Name of the country Quantity (i) Nigeria 15,000 MT (ii) Senegal 15,000 MT (iii) Ghana 15,000 MT (iv) Cameron 10,000 MT The above export shall be subject to the following conditions:- i) The above quantity shall be exported through State Trading Corporation (STC) of India during September/October, 2008; ii) STC shall procure rice from such rice mills who have surplus rice/ paddy in their stock; iii) The rice to be exported shall be with a minimum of 25% of brokens ; iv) STC shall ensure that their entry into market for this export does not affect the overall price situation of rice; and v) STC shall source the rice to be exported from more than one State and in four different tranches.] 27 [2.1.8 Ban on export of non-basmati rice shall not be applicable to export of 10,000 to 15,000 MTs of non-basmati rice to Nepal, subject to the following conditions:- i) The above quantity shall be exported through State Trading Corporation (STC); ii) STC shall procure the above quantity of rice from such rice Mills who have surplus rice/paddy in their stocks; iii) The rice to be exported shall be with a minimum of 25% of brokens; iv) STC shall ensure that their entry into market for this export does not affect the overall price situation of rice; v) STC shall source the rice to be exported from more than one State to avoid any disturbance in the market. ] 28 [2.1.9 Ban on export of non-basmati rice shall not be applicable to export of rice to the following countries:- S. No. Country Quantity in MTs. Name of PSU through which export to be made 1. Burkina Faso 24,200 MMTC 2. Cameroon 21,700 3. Cote D'Ivoire 1,44,900 4. Egypt 48,300 5. The Gambia 36,250 6. Mali 24,200 7. Somalia 24,200 8. Tunisia 5,550 9. Zanzibar 12,100 10. Benin 24,200 STC STC 11. Ghana 68,800 12. Guinea Bissau 24,200 13. Liberia 96,600 14. Mozambique 24,200 15. Togo 72,400 16. Zambia 24,200 5 [ 17. South Africa 25,000 ] PEC 18. Senegal 1,41,300 19. Mauritius 15,000 20. Sierra Leone 38,500 21. Djibouti 12,100 Total 10,00,000 The above export shall be subject to the following conditions:- i) The above quantity shall be exported by PSUs during KMS 2008-09; ii) Above PSUs shall procure rice from such rice mills which have surplus rice/ paddy in their stock; iii) The rice to be exported shall be with a minimum of 25% of brokens; iv) The PSUs shall ensure that their entry into market for this export does not affect the overall price situation of rice; and v) The PSUs shall source the rice to be exported from more than one State. ] 29 [2.1.10 with immediate effect, ban on export of Non-basmati rice shall also not be applicable to export of organic Non-basmati rice as follows:- Tariff Item HS Code Item Description Nature of restriction 10061090 10062000 10063010 10063090 10064000 Organic Non-basmati rice (i) Export of organic Non-basmati rice duly certified by APEDA shall be permitted subject to a limit of 10,000 MT per annum; (ii) Export allowed is also subject to registration of contracts with APEDA, New Delhi prior to shipment; (iii) Exports shall be allowed only from Customs EDI Ports." ] 30 [ 2.1.11 With immediate effect, ban on export of Non-basmati rice shall also not be applicable to export of 20,000 MT of rice (Ponni Samba) to Sri Lanka through PEC. 2.1.12 With immediate effect, ban on export of Non-basmati rice shall also not be applicable to export of 25,000 MT of Non-basmati rice to Nepal through MMTC. ] 31 [ 2.1.13 The ban on export of Non-Basmati rice shall also not be applicable on export of 3 lakh tonnes of parboiled non-Basmati rice to Bangladesh from the Central Pool at 34 [ concessional cost ] through FCI. S. No. Quantity (MTs) Name of PSU through which export to be made 1. 50,000 STC 2. 25,000 MMTC 3. 25,000 PEC ] 33 [ The above quantity of 3 lakh tones of non-basmati rice (Parboiled) to Bangladesh will be exported by the PSUs of Department of Commerce viz. M/s. STC and M/s. PEC Ltd. as follows: S. No. Quantity (MTs) Name of PSU through which export to be made 1. 2,00,000 STC 2. 1,00,000 PEC Total 3,00,000. ] 35 [ 2.1.14 The following varieties of non-Basmati rice as per quantities indicated against each will be allowed for export. The exact modalities will be notified separately. S. No. Varity of non-Basmati Rice Quantity (MTs) 1. Sona Masuri 1,00,000 2. Ponni Samba 25,000 3 Matta 25,000 ] 36 [ 2.1.15 Ten lakh MT of non-Basmati rice is allowed for export subject to the following conditions; i) Prior Registration of contracts with DGFT on a first-come-first-served basis subject to: (a) Export shall be made from privately held stocks. (b) Applications for allotment must be accompanied with irrevocable and confirmed letter of credit, (c) An applicant must submit a performance bank guarantee, along with the application for a value equivalent to a value of 10% of applied quantity. In case of non-completion of exports, within the stipulated time frame, this bank guarantee is liable to be confiscated. A flexibility of + or 5% in performance is allowed. (d) An application can be for a maximum of 12,500 MT. (e) This export will be subject to an MEP of US$400 per MT. ii) Applications for intent to export will be sent to [email protected] . The modalities for allocation and the format in which e mails are to be sent is attached as Annexure I and Annexure II respectively, to this Notification. ] 2.2 Ban on both non-Basmati and Basmati Rice will not be applicable to exports as under : 2.2.1 Under Bilateral Trade Agreement between Government of India and Government of Maldives (as approved vide Notification No.42 dated 23.10.2007). 2.2.2 Consignments of rice certified by Customs Authorities which have been accepted for export till 6.3.08 (mid-night) in Land Customs Stations (LCSs) in West Bengal as part of transitional arrangements (as approved vide Notification No.87 dated 24.3.2008). 15 [ 2A. Export of Basmati and non-basmati rice will be restricted through the following ports: (i) Kandla (ii) Kakinada (iii) Kolkata (iv) JNPT, Mumbai 16 (v) Mundra - Basmati rice only. (vi) Pipavav - Basmati rice only. ] However, the above mentioned port restriction would not apply to the specific exemptions / relaxations granted earlier, under Para 2 above. 17 [2B. Only the quantities being loaded in the ships at the time of ban will be allowed to be exported under the transitional arrangements. Further, consignments of rice, certified by Customs Authorities that they have been accepted for export till 6.3.2008 midnight, in Land Customs Stations in West Bengal, are allowed to be exported as part of the transitional arrangements. Other than this, 'transitional arrangements' envisaged under Para 1.5 of the Foreign Trade Policy, 2004-2009, as amended from time to time, shall not be applicable for the restrictions imposed vide this notification. ] 19 [ 2.3 The prohibition imposed by this Notification shall not be applicable to the export of non-basmati rice if the Minimum FOB Export Price (MEP) is US$ 1000 per ton or Rs. 40,000/- per ton. ] 6 [ 2.4 Further, rice brought for export into the godowns of Kakinada city till 10.10.2007 (as certified by the State Government of Andhra Pradesh) shall be allowed to be exported. ] 11 [ 2.7 The prohibition imposed by this Notification on export of non-basmati rice shall not be applicable to export of 50,000 MT of rice to Madagascar through STC, and 25,000 MT of rice to Comoros and 9,000 MT of rice to Mauritius through MMTC. ] 12 [ 2.8 The prohibition imposed by this Notification on export of non-basmati rice shall not be applicable to export of 1010 MT of non-basmati rice to Bangladesh to be supplied by the Government of West Bengal as relief material. ] 13 [ 2.9 The prohibition imposed by this Notification on export of non-basmati rice shall not be applicable to export of 50,000 MT of non-basmati rice to Bangladesh through the West Bengal Essential Commodities Supply Corporation Limited (WBECSC Ltd.). This 50,000 MT of non-basmati rice shall be procured by the WBECSC Ltd. exclusively from within the state of West Bengal. ] 14 [ 2.10 The prohibition imposed by this Notification on export of non-basmati rice shall not be applicable to export of 4,50,000 MT of non-basmati rice to Bangladesh (with 1,00,000 MT each through STC, MMTC, PEC, NAFED and 50,000 MT through the West Bengal Essential Commodities Supply Corporation Limited ). ] 18 [ 2.11 The prohibition imposed by this Notification on export of non-basmati rice shall not be applicable to export of 40,000 MT of non-basmati rice to the Republic of Sierra Leone through PEC ] 3. The ban/restriction now imposed shall be applicable from midnight of 31.3.2008. 4. Transitional arrangements allowed under Para 1.5 of the Foreign Trade Policy, 2004-2009, shall, in public interest, not be applicable to the ban and restriction imposed above. However, Para 9.12 of Handbook of Procedures, Vol-1, 2004-2009, shall be applicable. (Please refer P. CIR. NO. 11/2008, DT. 06/06/2008 - For above para 4) 5. This issues in Public Interest. (R. S. GUJRAL) DIRECTOR GENERAL OF FOREIGN TRADE And Ex-Officio Additional Secretary to the Govt. of India (Issued from F.No.01/91/180/846/AM08/PC-III) Also see notification no. 8/2008 dated 13-5-2008 And notification no. 9/2008 dated 15-5-2008 *********** Notes: 1 Amended by notification no. 40/2007, DT. 22/10/2007 2 Amended by notification no. 42/2007, DT. 23/10/2007 3 Amended by notification no. 43/2007, DT. 23/10/2007 4 Amended by notification no. 44/2007, DT. 30/10/2007 5 Amended by notification no. 45/2007, DT. 31/10/2007 6 Amended by notification no. 46/2007, DT. 02/11/2007 7 Amended by notification no. 58/2007, DT. 21/11/2007 8 Amended by notification no. 60/2007, DT. 06/12/2007 9 Amended by notification no. 61/2007, DT. 12/12/2007 10 Amended by notification no. 68/2007, DT. 27/12/2007 11 Amended by notification no. 73/2007, DT. 24/01/2008 12 Amended by notification no. 78/2007, DT. 18/02/2008 13 Amended by notification no. 80/2007, DT. 18/02/2008 14 Amended by notification no. 81/2007, DT. 29/02/2008 15 Amended by notification no. 82/2007, DT. 05/03/2008 16 Amended by notification no. 84/2007, DT. 17/03/2008 17 Amended by notification no. 87/2007, DT. 24/03/2008 before it was read as;- 2B. Only the quantities being loaded in the ships at the time of ban will be allowed to be exported under the transitional arrangements. Other than this, 'transitional arrangements' envisaged under Para 1.5 of the Foreign Trade Policy, 2004-2009, as amended from time to time, shall not be applicable for the restrictions imposed vide this notification 18 Amended by notification no. 88/2007, DT. 26/03/2008 19 Substituted vide Notification No.82 (Re-2007)/2004-2009, Dated 05/03/2008 , Further amended by notification no. 89/2007, DT. 27/03/2008 before it was read as:- Above quantitative relaxations would be applicable from the date of respective Notifications as mentioned against each entry. 20 Amended by notification no. 93/2007, DT. 01/04/2008 21 Amended by notification no. 32/2008 dated 19/8/2008 22. Amended vide Notification No 37/2008 dated 3/9/2008 23. Amended vide Notification No 38/2008 dated 5/9/2008 24. Has been substituted vide Notification No. 39/2008 dated 16/9/2008 25. Has been added vide Notification No. 48 (RE-2008)/2004-2009 dated 13/10/2008 26. Substituted vide Notification No. 83 (RE-2008)/2004-2009, dated 27/01/2009, before it was read as:- 2. Exports to Russian Federation permitted subject to pre-shipment quality certification issued by Sri Ram Institute for Industrial Research or any other agency as may be notified from time to time. Further Substituted vide Notification NO. 109 (RE-2008)/2004-2009, dated 09/06/2009, before it was read as:- Export permitted only if the Minimum Export Price (MEP) is US $ 1100 per ton FOB or Rs. 49500/-per ton. Further Substituted vide Notification No. 05/2009-2014, dated 07/09/2009, before it was read as:- Exports to Russian Federation permitted subject to pre-shipment quality certification issued by 27. Inserted vide Notification No. 69 (RE-2008)/2004-2009, dated 05/12/2008 28. Inserted vide Notification No. 104(RE-2009)/2004-2009, dated 06/05/2009 Further Substituted vide Notification No. 114 (RE-2009)/2004-2009, dated 18/06/2009, before it was read as:- 17. Nigeria 1,17,100 PEC 29. Inserted vide Notification No. 20/2009-2014, dated 07/12/2009 30. Inserted vide Notification No. 33/2009-2014, dated 03/03/2010 31. Inserted vide Notification No. 42/2009-2014, dated 18/05/2010 Further Substituted vide Notification No. 55/2009-2014, dated 06/08/2010, before it was read as:- With immediate effect, ban on export of Non-basmati rice shall also not be applicable to export of 1,00,000 MTs of non-basmati rice (Parboiled) to Bangladesh as follows: 32. With immediate effect existing entries at point no. 1 in the 'Nature of Restriction' against Sl. No. 45 AA (relating to export of Basmati rice including PUSA Basmati 1121) Substituted vide Notification No. 57/2009-2014, dated 18/08/2010, before it was read as:- Grain of rice to be exported shall be more than 7 mm of length and ratio of length to breadth of the grain shall be more than 3.6; 33. Added vide Notification No. 03/(RE-2010)/2009-2014, dated 30/08/2010 34. Substituted vide Notification No. 20(RE-2010)/2009-2014, dated 10/02/2011, before it was read as:- prevalent economic cost 35 . Added vide Notification No. 21(RE-2010)/2009-2014, dated 10/02/2011 36. Added vide Notification No. 21(RE-2010)/2009-2014, dated 10/02/2011 Further Amended vide Notification No. 60 (RE-2010)/2009-2014, dated 19/07/2011