Amendments to Notification No 38(RE-2007)/2004-2009 dated 15.10.2007 - Ban on non-basmati rice - 93 (RE-2007)/2004-2009 - Foreign Trade Policy

Amendments to Notification No 38(RE-2007)/2004-2009 dated 15.10.2007 - Ban on non-basmati rice TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY PART II SECTION 3, SUB SECTION (ii) GOVERNMENT OF INDIA MINISTRY OF COMMERCE INDUSTRY DEPARTMENT OF COMMERCE NOTIFICATION NO. 93 (RE-2007)/2004-2009 NEW DELHI, THE 1st APRIL, 2008 S.O.(E) In exercise of the powers conferred by Section 5 read with Section 3(2) of the Foreign Trade (Development Regulation) Act, 1992 (No.22 of 1992) and also read with Para 1.3 and Para 2.1 of the Foreign Trade Policy, 2004-2009, the Central Government hereby makes, with immediate effect, the following amendments to Notification No.38 (RE-2007)/2004-2009, dated 15.10.2007 as amended from time to time: 2. Consequently, the entries would be as under with immediate effect : [3] Sl.No. Tariff Item HS Code Unit Item Description Export Policy Nature of Restriction 14 [ 45A 1006 10 1006 10 90 1006 20 00 1006 30 1006 30 10 1006 30 90 1006 40 00 Kg. Non-Basmati Rice Free 14 1. Export to be made by private parties from privately held stocks. State Trading Enterprises (STEs) including M/s. NCCF NAFED are also permitted to export privately held stocks of non-Basmati rice. 2. Export shall be through Custom EDI ports. Export is also permitted through the non-EDI Land Custom Stations (LCS) on Indo-Bangladesh and Indo-Nepal border subject to registration of quantity with DGFT. RAs Kolkata Patna and such other RAs as notified by DGFT from time to time will be the designated RAs for the purpose of such registration of quantity. ] 45AA 10063020 Kg. Basmati Rice including Pusa Basmati 1121 (Dehusked (Brown), semi-milled, milled both in either par-boiled or raw condition) Free 10 [ 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; ] 6 [ 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. 54,000/- 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). 2 [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 MTs (ii) Senegal 15,000 MTs (iii) Ghana 15,000 MTs (iv) Cameron 10,000 MTs The above export shall be subject to the following conditions:- i) 2 [ The above quantity shall be exported through State Trading Corporation (STC) of India, till 30th July, 2009; ] 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.] 4 [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. ] 5 [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. ] 7 [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." ] 8 [ 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. ] 9 [ 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 11 [ 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 ] 9 [ 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. ] 12 [ 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 ] 13 [ 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). 2.3 Above quantitative relaxations would be applicable from the date of respective Notifications as mentioned against each entry. 15 [ 2.1 Export of non-Basmati rice by the Public Sector Undertakings or by any other government organizations under Food Aid Programme shall be permitted. 2.2. Export of non-Basmati rice under bi-lateral trade agreement between Government of India and Government of Maldives shall be permitted ] 16 [ 2.3 Export of 10,000 tons of non-basmati rice to Horn of Africa (Kenya, Somalia Djibouti) from Central Pool Stock of FCI at economic cost of Rs. 20,689.50 per ton shall be permitted. ] 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. 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. Has been substituted vide Notification No. 39 (RE-2008)/2004-2009 dated 16/9/2008 before it was substituted vide Notification No. 38/2008 dated 5/9/2008 as 1 [45A 1006 10 1006 10 90 1006 20 00 1006 30 1006 30 10 1006 30 90 1006 40 00 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.Export allowed subject to registration of contracts with APEDA, New Delhi , prior to shipment; 2. Export permitted only if the minimum FOB price is US$ 1200 per ton or Rs . 48,000/- per ton; 3. Export will be restricted through the following ports only:- ( i ) Kandla (ii) Kakinada (iii)Kolkata (iv) JNPT, Mumbai (v) Mundra, and (vi) Pipavav 4. Export shall be allowed with immediate effect, out of paddy procured in KMS 2008-09.] 1006 10 10 Kg. Rice of seed quality Free vide Notification No.32 dated 19 th August, 2008 Subject to conditions imposed vide Notification No.32 dated 19 th August, 2008. 45AA 1006 30 20 Kg. Basmati Rice including (Dehusked (Brown), semi-milled, milled both in either par-boiled or raw condition). Free 1. 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. 2. Export permitted only if the minimum FOB price is US$ 1200 per ton or Rs.48,000/- per ton. 3. 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). 1. Substituted vide Notification No. 38/2008 dated 5/9/2008 before substitution it was read as: 45A 10061010 Kg. Non Basmati Rice (seed quality) Free 1. Export will be allowed subject to submission of following documents to Customs at the time of export: (i) A certificate of registration from authorized State Seed certifying Agency that it is a registered Seed producer/dealer; and (ii) Declaration that the export consignment of seeds has been chemically treated and is not fit for human consumption; and 2. Export packets will be labelled that seeds are treated with chemical insecticides and cannot be used for food or feed purposes. Earlier Substituted vide Notification No. 37/2008 dated 3/9/2008 before substitution it was read as: 1 [45A 10061010 Kg. Non-Basmati Rice (seed quality) Free 1. Export will be allowed subject to submission of following documents to Customs at the time of export: (i) A certificate of registration from authorized State Seed certifying Agency that it is a registered Seed producer/dealer; and (ii) Declaration that the export consignment of seeds has been chemically treated and is not fit for human consumption; and 2. Export packets will be labelled that seeds are treated with chemical insecticides and cannot be used for food or feed purposes.] Earlier it was substituted vide notification no. 32/2008 dated 19-8-2008 , before it was read as: 45A 1006 10 1006 10 10 1006 10 90 1006 20 00 1006 30 1006 30 10 1006 30 90 1006 40 00 Kg. Non-Basmati Rice Prohibited Not permitted to be exported. 2. Has been added vide Notification No. 48 (RE-2008)/2004-2009 dated 13/10/2008 Further Substituted vide Notification No. 53 (RE - 2008)/2004-2009, Dated 04/11/2008, before it was read as:- 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. Further Substituted vide Notification No. 80 (RE-2008)/2004-2009, dated 16/01/2009, before it was read as:- 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 MTs (ii) Senegal 15,000 MTs (iii) Ghana 15,000 MTs (iv) Cameron 10,000 MTs The above export shall be subject to the following conditions:- i) The above quantity shall be exported through State Trading Corporation (STC) of India till 15th January, 2009; 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.] Substituted vide Notification No. 105(RE-2009)/2004-2009, dated 05/05/2009, before it was read as:- The above quantity shall be exported through State Trading Corporation (STC) of India till 30th April, 2009; 3. Substituted vide Notification No. 40 (RE-2008)/2004-2009, dated 17/09/2008 , before it was read as:- 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. Further Substituted vide Notification No. 55 (RE-2008)/2004-2009, dated 05/11/2008, before it was read as;- Sl. No. Tariff Item HS Code Unit Item Description Export Policy Nature of Restriction 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. 3 [ 10061010 Kg. Non-Basmati Rice (seed quality) Free 1. Export will be allowed subject to submission of following documents to Customs at the time of export: (i) A license to carry on the business of a dealer in seeds issued under Section 3 of the Seed Control Order (1983) from the State Government; and (ii) Declaration that the export consignment of seeds has been chemically treated and is not fit for human consumption; and 2. Export packets will be labeled that seeds are treated with chemical insecticides and cannot be used for food or feed purposes. ] 45AA 10063020 Kg. Basmati Rice including (Dehusked (Brown), semi-milled, milled both in either par-boiled or raw condition) Free 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 3.6; 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. 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). 4. Inserted vide Notification No. 69 (RE-2008)/2004-2009, dated 05/12/2008 5. 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 6. Substituted vide Notification NO. 109 (RE-2008)/2004-2009, dated 09/06/2009, before it was read as:- 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. 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 7. Inserted vide Notification No. 20/2009-2014, dated 07/12/2009, 8. Inserted vide Notification No. 33/2009-2014, dated 03/03/2010 9. Added 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: Further Added vide Notification No. 03/(RE-2010)/2009-2014, dated 30/08/2010 , 10. 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; 11. Substituted vide Notification No. 20(RE-2010)/2009-2014, dated 10/02/2011, before it was read as:- 12. Inserted vide Notification No. 21(RE-2010)/2009-2014, dated 10/02/2011 13. 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 14. Substituted vide Notification No 71 (RE 2010)/2009-2014, dated 09/09/2011, before it was read as:- 45A 1006 10 1006 10 90 1006 20 00 1006 30 1006 30 10 1006 30 90 1006 40 00 1006 10 10 Kg. Kg. Non-Basmati Rice Rice of seed quality Prohibited Free vide Notification No.32 dated 19th August, 2008 Not permitted to be exported. Subject to conditions imposed vide Notification No.32 dated 19 th August, 2008. Further Amended vide Notification No. 98 (RE-2010)/2009-2014, dated 23/02/2012 in column Nature of Restriction of para 2, before it was read as:- 1. Export to be made by private parties from privately held stocks. 2. Export shall be through Custom EDI ports only. 15. Added vide Notification No 76 (RE 2010)/2009-2014, dated 23/09/2011 16. Added vide Notification No 71 (RE 2010)/2009-2014, dated 09/09/2011, Further Amendment in Notification No. 88 (RE 2010)/2009-2014, dated 12/12/2011