IN FORCE Policy Relaxation Committee Advance Authorisation 2024-10-25

DGFT Committee Minutes

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Directorate General of Foreign Trade (PRC Section)

Minutes of the Policy Relaxation Committee Meeting Held on 23.10.2024 under the Chairmanship of Shri Santosh Kumar Sarangi, Director General of Foreign Trade

Meeting No. 20AM25_=held on 23.10.2024

The following members were present in the meeting:

  1. Ms Shubhra Sr.Dev.Commissioner 2. Dr.S.K. Bansal Addl. DGFT 3. Shri Rakesh Kumar Addl. DGFT 4. Shri K.V.Tirumala Joint DGFT 5. Shri K.M. Harilal Joint DGFT 6. Shri Randheep Thakur Joint DGFT 7. Shri Md. Moin Afaque Joint DGFT

Following cases were discussed. The decision taken on the individual cases are as under:-

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----- Start of picture text -----<br> | S.No | Name of the firm<br>| 1. [Mis. Sun Pharmaceutical Industries Limited, Mumbai<br>| 2. |Mis. Nazareth Metals, Mumbai<br>| 3. [Mss. Priyanka (India) Private Limited, Gurugram<br>| 4. [Mis Cipla Limited, Mumbai<br>Policy Matter<br>| 6. [Mis. Golden Rolls Private Limited, Sonipat<br>| 7. [Mis. Sterlite Power Transmission Limited, Mumbai<br>| 8. [Mis Ajay Air Products Private Limited, Delhi<br>| 9. |Mis. Masterplast India Private Limited, Indore<br>| 10. |Mis. Concord Biotech Limited, Ahmedabad<br>p11. |Mis. ITCO Industries Limited, Bengaluru<br>} 12. |Mis. DMCC Speciality Chemicals Limited, Mumbai<br>| 13. |Mis. Arvee Laboratories (India) Limited, Anmedabad<br>| 14. |Mis. Marcos Exports Private Limited, Delhi<br>| 15. |Ms. Whitelotus Industries Limited, Surat<br>16. M/s. Polycab India Limited, Mumbai<br>----- End of picture text -----<br>

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----- Start of picture text -----<br> | 17. [M/s. Laser Power & Infra Private Limited, Kolkata<br>| 18. |Mis. Masterplast India Private Limited, Indore<br>| 19. [Mvs. Galaxy Surfactants Ltd, Mumbai<br>| 20. [Mis. Sri Shankara Cancer Foundation, Bengaluru<br>m1. M/s. Diamond Engineering (Chennai) Private Limited,<br>Chennai<br>| 22. Mis. Kriya Biosys Private Limited, Tamil Nadu<br>| 23. [Mis. Cytech Coatings Private Limited, Gujarat<br>| 24. |Mis. Cytech Coatings Private Limited, Gujarat<br>| 25. Mis. Prominent Vanijya Pvt Ltd, Faridabad<br>| 26. [Policy Matter<br>| 27. Mis. Encube Ethicals Private Limited, Mumbai<br>----- End of picture text -----<br>

Case No.01

M/s. Sun Pharmaceutical Industries Limited, Mumbai

F.No. HQRPRCAPPLYO0008483AM25

Meeting No.20AM25 __ held on 23.10.2024

Subject: Request for Extension of EOP against Advance Authorization No. 0511013365 dated 22.06.2022.

Applicant's statement: This is to inform you that export obligation against said authorization was completed up to extent of 78.50% in terms of quantity (i.e. 5118.186 Kgs.) pertains to resultant export product within the initial validity period of 18 months from the date of authorization and remaining quantity was exported in the extended period of within the 2nd EO period next 12 months period. Please note that due to slow demand of the resultant product in foreign market we have been unable to fulfil balance export obligation of 21.50%. i.e. (1401.454 Kgs.) However, we have confirmed export orders in hand now which are planned for execution in coming months. Hence, requesting PRC committee to consider our case to grant EOP extension of further Six months enabling us to complete the balance export obligation. In view of the above explanation, we hereby request your good office to kindly allow 3rd EOP extension against aforesaid Advance Authorisation further Six Month up to 23 June.2025 in order to complete 21.50% of balance Export Obligation.

Decision: The Committee went through the justification given by the applicant and discussed the matter at length. Accordingly, it was decided to accede to the request and allowed EOP extension of Advance Authorization No. 0511013365 dated 22.06.2022 for a further period of 6 months from the date of endorsement, subject to payment of composition fee as per policy provisions. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes io ~~ aN"

of meeting.

(Action: Applicant/ CLA New Delhi)

Case No.02 M/s. Nazareth Metals, Mumbai

F.No. HARPRCAPPLY00004626AM23

Meeting No.20AM25 held on 23.10.2024

Subject: Request for Clubbing of Authorizations against Advance Authorization No. 0310198235 dated 28.04.2003, 0310252789 dated 12.02.2004.

Applicant’s statement: Since the clubbing request was made for the 1st time we were unaware the policy provision. As our name was under DEL, we had to close number of advance licenses for removal of our name and issue of fresh license. When the application was made for clubbing RLA rejected that the license has been redeemed. We have purposely not imported the goods due to cancellation of order in other license. & the raw material was used to export in the other license. As such we made the balance so that there is no short fall in excess import. It will be seen that this are the only license pending for closure with RLA. Kindly consider our request and deem fit by your office

Decision: The Committee examined the statements made by the applicant and discussed the matter at length and observed that the applicant has not submitted any cogent reason/justification in support of any genuine hardship faced by them. Accordingly, the Committee decided to reject the request.

(Action: Applicant)

Case No.03

M/s. Priyanka (India) Private Limited, Gurugram

F.No. HARPRCAPPLY0O0008488AM25

Meeting No.20AM25 held on 23.10.2024

Subject: Request for bills in different Authorization against Advance Authorization No. 0510403041 dated 06.06.2017.

Applicant’s statement: We have AA No. 0510401218 dated 10.01.2017 and 0510403041 dated 06.06.2017 . We did excess exports under AA No. 0510401218 dated 10.01.2017 and there remain shortfall in exports under AA No. 0510403041 dated 06.06.2017 .We were doing exports against both the AA simultaneously. Due to clerical calculation mistake and overlook by our documentation staff in calculations of exports/imports to be done under each authorizations, we have done excess exports under AA -1 and short exports under AA -2 by mistake. We came to know this fact when we were preparing application for redemption.

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Therefore, we decided to make clubbing of both AA as per provisions of FTP/HBP. We requested for clubbing of both AA and applied to RA but RA redeemed only AA-1 No. 0510401218/10.01.2017 on 07.12.2020 and do not redeem/club it with another AA-2, whereas we have madea request for clubbing and closure of both AA to the RA. Therefore, we request you to allow counting of excess exports of 13603.00 Kgs. in Shipping Bill No. 7736724 dated 01.08.2017 having AA No. 0510401218 dated 10.01.2017 to be counted against AA No. 0510403041 dated 06.06.2017 as RA has issued Redemption letter against AA-1 only despite our repeated request for clubbing of both AA.

Decision: The Committee heard and went through the statement made by the applicant and discussed the matter at length. After detailed discussion the Committee decided to seek detailed report from RA regarding the clubbing request of the applicant.

(Action: Applicant/ CLA New Delhi)

Case No.04

M/s. Cipla Limited, Mumbai

F.No. HARPRCAPPLY000011538AM25

Meeting No.20AM25 held on 23.10.2024 Subject: Request for Reconsideration of Pending 5% Claim under Target Plus Scheme (TPS)

Applicant’s statement: We write to formally request the reconsideration of our pending claim for the balance 5% under the Target Plus Scheme (TPS), following our previous communication with the Committee on April 26, 2023. Upon your direction, we approached the Mumbai Regional Authority (RA); however, our case was Closed as per their procedural guidelines in their letter dated March 10, 2023. Unless the Committee grants a relaxation of these procedures, our case remains closed. In our ongoing efforts, we have come across Trade Notice No. 1/AM25 dated August 29, 2024, issued by the Delhi RA, which addresses a similar situation. This has prompted us to once again seek your esteemed support. In our application for TPS benefits dated December 20, 2006, we reported an incremental export growth of 26.45% for the fiscal year 2005-06, as expressed in terms of FOB value in USD. We were awarded TPS at a rate of 5% in October 2007; however, the applicable rate for cases exceeding 25% growth is 10%. Following the Supreme Court order and the subsequent Trade Notice from the Directorate General of Foreign Trade (DGFT) regarding TPS, we submitted an application for the remaining 5% TPS claim in August 2017. Unfortunately, this was rejected by the DGFT-Mumbai, without giving opportunity of personal hearing, on the grounds that our growth in incremental exports was only 24% when calculated in Indian Rupees. Our submission has not considered on merits. This rejection is fundamentally flawed, as Appendix 17D explicitly specifies that incremental growth must be calculated in USD (refer Sr. No. 6 of table appendix 17D along with formula given for calculation), with the entitlement value for TPS assessed in INR. Our documented incremental export growth of 26.45% in USD under Appendix 17D ,

confirms our eligibility for the full 10% benefits under TPS. Furthermore, upon the Mumbai RA?s objection regarding our reported growth being below 25%, we sought certification from the GST office to validate our actual growth, excluding ineligible categories. The GST authorities have corroborated that our growth is, in fact, 29.16% in FOB value in USD, thereby surpassing the required threshold. In light of these circumstances and the procedural obstacles we are encountering, we respectfully request the Committee to consider granting a relaxation of the procedures to allow the RA to reopen our case for a thorough re-examination of our entitlement. Additionally, we seek the support of the Policy Section of DGFT, New Delhi, to address the critical issue of accurately calculating incremental growth as per the guidelines. We appreciate your attention to this matter and look forward to a favorable resolution.

Decision: The Committee went through the statements made by the firm and discussed the matter in detail and noted that there is merit in the request. Committee accordingly decided that RA may reopen the case and re-examine the application for grant of TPS benefits. PC-3 Division may clarify to RA regarding the appropriate currency for calculation of incremental growth.

(Action: Applicant/ RA Mumbai/ PC-3 Division)

Case No.05 Amnesty Scheme - Relaxation.

F.No. 01/60/162/34/AM25/PRC

Subject: Amnesty Scheme — Relaxation.

Agenda Note from PC5 & Applicant’s statements: Amnesty Scheme notified in 2023 covered the following authorizations :-

  • i. Authorisations issued under Advance Authorization Scheme (all variants) and EPCG Scheme (all variants) issued under FTP,2009-14 till 31.03.20215.

  • ii, Authorizations issued under AA Scheme (all variants) and EPCG Scheme (all variants) issued under FTP, 2004-2009 and before, the coverage is limited to those authorizations whose EO period (original or extended) was valid beyond 12.08.2013.

  • The last date for filing applications was 31.12.2023 and last date for payment Duty/interest was 31.03.2024.

  • A. Relaxation where the authorizations were not eligible under Amnesty Scheme. PRC had referred 4 Applications to Policy-V where the applicants had sought relaxation under the Amnesty Scheme. Case No.35 M/s. Nazareth Metals, Mumbai ' F.No.HQRPRCAPPL Y0000092 17AM24 Se —S~

Meeting No.05AM25 held on 10.05.2024

Subject: Request for closure of Authorizations against Advance Authorization No. 0310174821 dated 27.12.2002.

Applicant Statement: The applicant stated that RA has not considered their request for grant of EOP extension for exports made outside the extended validity period and hence they have opted to regularize the licence for excess imports under amnesty scheme. They have paid the duty and interest to the custom and have submitted the proof to RLA. Hence they are requesting to allow EOP extension under amnesty scheme against subject authorization.

Decision: The Committee examined the case on the basis of submission made by the firm and discussed the matter at length. After detailed discussion it was decided to refer the case to Policy-V.

(Action: Applicant/PC-V)

PRC took similar decision in respect of the firm for their AA No.0310013284 dated 15.10.1999 in Meeting No.05AM25 (Case No.28) and AA No.0310063820 dated 04.12.2000 in Meeting No.06AM25 held on 30.05.2024 (Case No.41).

Case No. 26 M/s. Delton Cables Limited, Defhi

F.No.HQRPRCAPPL Y00000308AM25

Meeting No.0O5AM25 held on 10.05.2024

Subject: Request for closure of Authorizations against Advance Authorization No. 0510235840 dated 05.02.2009.

Applicant Statement: The applicant stated that they filed Application for Closure of Advance Authorization no. 0510235840 dt 05.02.2009 in the Amnesty scheme but RA Delhi issued DL No. 50 dated 20.03.2024 issued vide file No 05/24/040/00664/AM-09/ZALC-IV/CLA stating that their case is not eligible under amnesty scheme since EO period has already expired before 12.08.13. Hence they are requesting to allow closure under amnesty scheme for redemption against subject authorization.

Decision: The Committee examined the case on the basis of submission made by the firm and discussed the matter at length. After detailed discussion it was decided to refer the case to Policy-V. t “e “Tl

(Action: Applicant/PC-V)

B. Relaxation where the applications were submitted after expiry of last date but payment of Duty/Interest was made before due date.

On 15.07.2024, RAs were requested to inform whether any application under Amesty Scheme was received either before or after last date i.e. 31.12.2023 by e-mail/post and Customs Duty/Interest has been paid on their own by the applicant by 31.03.2024.

RAs have informed about following cases where applications were received by e-mail/post after last date but payment was made before last date :-

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----- Start of picture text -----<br> S.No.|RA NajEPCG Aut/Holder |Date of SujApplicati/Date of pa[Dues dep:<br>me horization bmission jon receijyment d under A<br>Details of applicatiived by sty Scherr<br>onto RA_ |mail or p 023<br>ost<br>)F Kolkota 02300319 |Rahul |12.01.2024 22.11.2022|Cus |Inte}”<br>9 dt 2304.|Spring & 15.03.20/Duty [<br>2008 Pvt. Lt 24 36,3 |7,6 |é<br>d. 2,98 |5,0 |;<br>1 00 |<br>ed Ahmed |08300019 |Rames/26.02.2024/RA coun|27.03.2024|/22,9 |5,8 |:<br>abad 09 dt 23.2./hwas ter 8,10 |2,3 |(<br>2007 Cold 9 (82 I<br>Storag<br>e<br>----- End of picture text -----<br>

Report from RA Kolkata) and Ahmedabad are also attached.

Request : PRC is requested to consider the requests for relaxation of the provisions of the Amnesty Scheme for regularization of the following authorizations:-

  1. M/s. Nazareth Alloy, Mumbai, AA Nos.0310013284 dt.15.10.1999, 0310174821 dt 27.12.2002 and 0310063820 dt 04.12.2000.

  2. M/s. Delton Cables Limited, Delhi, AA No.0510235840 dt 05.02.2009. 3. M/s. Rahul Spring Pvt. Ltd., West Bengal : EPCG Lic.No.0230003199 dt 23.04.2008.

  3. M/s. Rameshwar Cold Storage, Gujarat : EPCG Lic. No.0830001909 at 23.02.2007.

Decision: The Committee went through the Agenda Note for PRC on relaxation request under Amnesty Scheme forwarded by Policy-V and noted that the applicants may be facing difficulty beyond their control. The Committee discussed the matter at length and decided to accede to the proposal for covering only those -J-

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of the above cases under Amnesty Scheme in which Duty payment has been made before the last date. Committee allowed relaxation in Export Obligation Period wherever short which shall be treated as valid beyond 12.08.2013 for Amnesty Scheme and/or condonation of delay in filing applications only for considering the regularization of following Authorizations:

  • i. M/s. Nazareth Alloy, Mumbai: Advance Authorization Nos. 0310013284 dated 15.10.1999, 0310174821 dated 27.12.2002 and 0310063820 dated 04.12.2000

  • ii. M/s. Delton Cables Limited, Delhi: Advance Authorization No. 0510235840 dated 05.02.2009

  • ii. M/s. Rahul Spring Pvt. Ltd., West Bengal : EPCG authorization No. 0230003199 dated 23.04.2008

  • iv. M/s. Rameshwar Cold Storage, Gujarat : EPCG authorization No 0830001909 dated 23.02.2007

(Action: Applicants/ RAs — Mumbai/CLA/Kolkata/ Ahmedabad)

Case No.06 M/s. Golden Rolls Private Limited, Sonipat

F.No. HARPRCAPPLY00008470AM25

Meeting No.20AM25__ held on 23.10.2024

Subject: Request for clubbing of Authorizations against Advance Authorization No. 3310030403 dated 04.08.2017, 3310030406 dated 29.08.2017, 0510403999 dated 13.09.2017.

Applicant's statement: We want the clubbing of 1 AA which has been issued from CLA, New Delhi and 2 AA has been issued from Panipat RA. We are fulfilling all the provisions of clubbing but as these AA was issued by different RA, therefore we cannot apply for clubbing. All the 3 AA issued on 13.09.2017, 04.08.2017 and 29.08.2017 were in use simultaneously and we were doing exports simultaneously on all Licenses. Due to clerical calculation mistake and overlook by our documentation staff in calculations of exports/imports to be done under each authorizations, we have done short exports under AA -1 and Excess exports under AA -2 and 3 by mistake. Therefore, we request to allow clubbing of these 3 AA at RA Panipat as earliest License was issued from RA Panipat. Also we want the regularization of exports made against AA No. 3310030406 dated 29.08.2017 after 29 months and up to 36 months. Decision: The Committee went through the justification given by the applicant and discussed the matter at length. The Committee decided to accede to the request and allow consideration of the clubbing request of three Advance Authorization Nos. 3310030403 dated 04.08.2017, 3310030406 dated 29.08.2017,and 0510403999 dated 13.09.2017 at RA-CLA. RA Panipat shall forward the files to RA-CLA. Committee allowed extension of EOP of AA No. 3310030406 dated 29.08.2017 up to 36 months to cover—R- exports made.

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The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/ CLA New Delhi)

Case No.07

M/s. Sterlite Power Transmission Limited, Mumbai

F.No. HQRPRCAPPLY00008878AM25

Meeting No.20AM25

held on 23.10.2024

Subject: Request for a) Relax regularization / duty payment of certain imports made beyond 30 months.

Applicant’s statement: We, Sterlite Power Private Limited are engaged in the manufacturing and export of power transmission Conductors, for which required inputs viz. Aluminium Ingots, Aluminium Rod, Composite Core, High Carbon Steel Wire/Rod, etc. are imported under Advance Authorisation Scheme of the FTP. To facilitate the clubbing of 14 Advance Authorisations (AAs) for collective redemption, the present application seeks relaxations from regularisation / duty payment for (A) certain imports made under 6 BOEs filed beyond 30 months from the date of first authorisation; and (B) certain inputs imported in slight excess, for which duty benefit availed is lesser than duty forgone on short-imported inputs, both required in similar exported product i.e. Conductors. As on a totality basis, the Company has fulfilled its export obligation, we respectfully seek your leniency in view of following justifications that fully supports our request. (A) Imports made under 6 BOEs filed beyond 30 months from the date of first authorisation; All the imports made under the subject 14 AAs, are within the prescribed time limit of 30 months, except some quantity of Aluminium Ingots imported under 6 BOEs with the reference of AA No. 310818549, which fall outside the prescribed 30-month import window. The critical justifications in this regard are: (i) Out of a total number of 69 BOEs pertaining to the subject 14 AAs, only 6 BOEs are beyond 30 months. This implies that more than 91% of BOEs are within 30 months (ii) Imports under such 6 BOEs occurred in April 2021, a period when second wave of COVID-19 pandemic was at its peak in India. During this time, our employees were working from home under extremely challenging conditions, with limited coordination amongst employees and CHA. As a result, there was an oversight, and an old AA No. 310818549 was utilised, despite that several newer AAs were available for utilization during April 2021 (iii) The export obligation of specific conductor type under subject AA No. 310818549 has been fulfilled corresponding to all imported quantities of aluminium ingots, including those imported under 6 BOEs falling beyond 30 months (iv) Relaxation is sought in view of the extraordinary situation created by COVID-19. In case the unprecedented hardship was not created, the Company would not be required to seek this relaxation. (v) PRC has considered and allowed a similar request of allowing BOEs filed beyond 30 months to be considered towards clubbing and redemption vide its meeting number 04/AM23 held on 11.05.2022 (B) Inputs imported in slight excess, for which duty benefit availed is lesser than duty forgone on short-imported inputs With respect to the

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subject 14 AA, after applying the norms of clubbing, while on totality basis there are no excess imports, yet on individual basis, certain inputs (viz. Aluminium Rod and Composite Core) are imported in slight excess, while certain inputs (viz. Aluminium Ingot, High Carbon steel wire/Rod, etc.) are imported short than permitted as per corresponding exports. The critical justifications in this regard are: (i) These inputs can be used interchangeably (viz. Aluminium Ingot, Aluminium Coil, Aluminium Rod), or serves the same purpose of providing mechanical strength (viz. Composite Core, High Carbon Steel Wire/Rod, etc.) for different types of conductors. (ii) One unit of finished product i.e. conductor is made with combination of all relevant inputs for such conductor, and the manufactured conductors are then exported. (iii) On a totality basis, the Company has fulfilled and even surpassed the export obligations. (iv) These inputs attract same rate of BCD @ 7.5% or in case of items short imported, a higher rate of 10%. (v) Most importantly, the duty benefit drawn on excess import of inputs is lesser than estimated duties foregone on inputs imported in short.

Decision: The Committee examined the statements made by the applicant and discussed the matter at length and observed that the applicant has not submitted any cogent reason/justification in support of any genuine hardship faced by them. Accordingly, the Committee decided to reject the request.

(Action: Applicant)

Case No.08

M/s. Ajay Air Products Private Limited, Delhi

F.No. HARPRCAPPLY00011032AM25

Meeting No.20AM25 held on 23.10.2024

Subject: Request for revalidation against licenses for Restricted Items Authorization No. 0111004680 dated 28.06.2022.

Applicant’s statement: We, M/s. Ajay Air Products Private Limited, located at E- 7, Site-B, Surajpur Industrial Area, Greater Noida, Gautam Buddha Nagar ? 201301, Uttar Pradesh, India, are registered vide IEC No. 0598056033. We would like to inform you that we were issued Import License No. 0111004680 dated 28.06.2022 for import of Refrigerant Gases, valid upto 28.12.2023. However, we were unable to fulfil the import obligation within the allotted time frame of the license due to supply chain and raw material problems. We also confirm that we have not availed any revalidation against this license so far. As we are aware that such types of cases are considered by the PRC and revalidation is done after deliberation. Sir, We request you to kindly consider our case in the forthcoming PRC meeting and allow us a first and final revalidation upto 31st March 2025 from the date of endorsement to complete the balance import obligation. If this license is not revalidated, we will face many problems including loss of balance import quantity and entitlement for a new license. We assure you that once we get the validity, we will import the balanced quantity of these gases within the granted validity period. We once again humbly request you to give us an opportunity to fulfil ; —-\O| |

our commitment. In fact, it will provide huge amount of relief to medium size industry like us and will a step towards ease of doing business for MSME.

Decision: The Committee examined the statements made by the applicant and discussed the matter at length and observed that the applicant has not submitted any cogent reason/justification in support of any genuine hardship faced by them. Accordingly, the Committee decided to reject the request.

(Action: Applicant)

Case No.09 M/s. Masterplast India Private Limited, Indore

F.No. HARPRCAPPLY0O0009083AM25

Subject: Request for extension of EOP against Advance Authorization No. 5611000954 dated 31.05.2022.

Applicant’s statement: We have imported 95.78% and also fulfilled 99.57% of the export obligation against actual imports, but due to volatile foreign exchange prices our international suppliers have backed out and the remaining 4.22% consignment of permitted imports has not been delivered. Due to which we are not able to execute our remaining export orders on time. The permission period for import and export has already been extended till 31.05.2024 by the Regional Authority, Indore. Therefore, we humbly request you to please extend the import permission period from 31.05.2024 to 30.11.2024.

Decision: The Committee examined the statements made by the applicant and discussed the matter at length and observed that the applicant has not submitted any cogent reason/justification in support of any genuine hardship faced by them. Accordingly, the Committee decided to reject the request.

(Action: Applicant)

Case No.10 M/s. Concord Biotech Limited, Ahmedabad

F.No. HARPRCAPPLY00000097AM25

Subject: Request for MEIS Rejected from RA Ahmedabad.

Applicant’s statement: Rejection Letter Received from RA Ahmedabad each application of MEIS Your application has been rejected due to following reasons. 1. Your case is rejected and closed at our end. Your case stands closed. Then, We a

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have objected for this matter without any deficiency or approval basis. Kindly refer our an application letter for your ready reference.

RA Report was examined. Decision: The Committee examined the statements made by the applicant and discussed the matter at length and observed that the applicant has not submitted any cogent reason/justification in support of any genuine hardship faced by them. Accordingly, the Committee decided to reject the request. RA may explain the grounds of rejection of applications by RA to applicant on VC.

(Action: Applicant/ RA- Ahmedabad)

Case No.11

M/s. ITCO Industries Limited, Bengaluru

F.No. HQRPRCAPPLY00009104AM25

Subject: Request for revalidation of Authorization/Certificate against Advance Authorization No. 0711003519 dated 22.03.2022.

Applicant’s statement: We are the recognized Import and Export holder having the valid IEC Code No.0796001154.The above said advance license was obtained on 22.03.2022 to avail the duty-free import against export facilities. The initial validity for import had been expired on 23.03.2023. subsequently, we had received 2nd time import revalidation till 22.03.2024. Since the particular BOE No.8055914 was filed on March29,2022, against the licence no.0711003519 and the base oil quantity debited was 225.06 MT with a CIF value of USD.1,94,493.95 instead of 225067 Kgs ( kindly find enclosed the BOE copy for your reference), we had to make an amendment of BOE no.8055914 and change utilisation of Base Oil in 225067 Kgs against the advance licence No.0711005061 instead of the earlier Licence no.0711003519 quantity of 225.06 MT ( amended BOE copy enclosed). Subsequently, the DGFT repository was showing both Licence Nos: 0711003519 and 071005061 as utilised for quantity and value for the BOE No.8055914 dated.29.03.2022 ( kindly find enclosed the screen shot of DGFT repository) which was brought to the notice of DGFT bangalore officials. Also, we have raised the complaint/query to DGFT Delhi contact centre vide case reference no.202408306303 dt.28.08.2024. Finally, it has been rectified by the DGFT Delhi contact center only recently after a long follow-up. Due to these reasons and delays, we were stuck, and the revalidation process had not happened on time as per the prescribed time limits. Still, we have a huge quantity to import in the license whereas import validity has already lapsed in this process & follow-up regarding pending rectification by DGFT. Our humble request is to help us to import these raw materials otherwise this may lead to a huge loss on us which is unbearable for a small exporter like us. As a special case, please consider on grounds of genuine hardship and adverse impact on trade and kindly extend the import revalidation till 28.02.2025 which would save us from a huge loss of duty payments. Also find attached copy of Licence no. 0711003519 Dated 22.03.2022 with export & import statement for your reference. C2

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  • ¢ Decision: The Committee went through the submission made by the applicant and discussed the matter at length and it decided to refer the case to EGTF Division for detailed report. Thereafter the case may be brought back again before PRC for a decision.

(Action: Applicant/ EGTF Division)

Case No.12 M/s. DMCC Speciality Chemicals Limited, Mumbai

F.No. HARPRCAPPLY0O00010973AM25

Subject: Request for second revalidation against licenses for Restricted Items Authorization No. 0111010619 dated 17.08.2023.

Applicant’s statement: The recent factors taking place at the end of China the availability of containers as well as ships etc has taken a serious tall on the international trade throughout the globe. This has resulted in non availability of containers etc on time and heavy escalation of cost, due to this the timely movement of goods has disrupted the trade adversely, Because of this delay has occurred in consumption of quantity allowed in the license by way of importation. 2. The ongoing conflict in the Middle East, specifically the Hamas-lsrael war, led to significant delays in maritime logistics. Many shipping lines had to avoid the Suez Canal and take longer routes, causing further delays timely availability of ships and higher transportation costs. This unanticipated rerouting not only disrupted the planned schedule but also affected the delivery timeline imports. 3. In the mean time, the disruption and upward fluctuation of price of the DEA in international market has compelled us to defer the import of the Denatured Ethyl Alcohol allowed in the license resulting in the expiry of the validity period.

Decision: The Committee went through the justification given by the applicant and discussed the matter at length. The Committee decided to accede to the request and allow revalidation of Restricted Items Authorization No. 0111010619 dated 17.08.2023 for a further period of 6 months from the date of endorsement subject to payment of composition fee as per policy provisions. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/ CLA New Delhi)

Case

No.13 M/s. Arvee Laboratories (India) Limited, Ahmedabad

F.No. HARPRCAPPLYOO009058AM25 Meeting No.20AM25 held on 23.10.2024

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Subject: Request for extension of EOP against Advance Authorization No. 0811004656 dated 13.04.2022.

Applicant’s statement: Even after we have taken two extension for completion of export obligation, we require other extension of 6 months to complete export obligation. we require this due to very slow demand from outside countries. we have to make export to china. due to availability of domestic material in their market at very low price, it is very difficult for us to sustain in market to provide at their target price. we have an export order in hand to make export of that product and hence we require extend export obligation so that the country should not be at foreign exchange loss and also loss of duty benefit availed by us.

Decision: The Committee went through the justification given by the applicant and discussed the matter at length. The Committee decided to accede to the request and allow EOP extension of Advance Authorization No. 0811004656 dated 13.04.2022 for a further period of 6 months from the date of endorsement subject to payment of composition fee as per policy provisions. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/ RA Ahmedabad)

Case No.14

M/s. Marcos Exports Private Limited, Delhi

F.No. HARPRCAPPLYOO009060AM25

Meeting No.20AM25 __ held on 23.10.2024

Subject: Request for waiver of Procedural requirement as per HBP against Advance Authorization No. 0510411483 dated 09.08.2019

Applicant's statement: We were issued Advance Authorization No - 0510411483 dt 09.08.2019, we had completed all export on 08.02.2021 We were supposed to mention authorization no in Shipping Bills due to onset of NOVAL CRONA Virus which led to inadvertent error and we mentioned FILE no of Advance Authorisation instead, which was file no- 05/27/040/00120/AM20/ Since Advance authorization No is not mentioned in Export Shipping Bills we are not able to file online redemption of Advance Authorisation. As export Shipping Bills are not attaching to Online Redemption Application REQUEST TO PRC In view of above facts we Humbly request you the following 1. To allow Shipping Bills in which File No- 05/27/040/00120/AM20 of Advance Auth is mentioned for Discharge of EO fulfillment against ADV auth- 0510411483 dt 09.08.2019 2. To Allow Manual Submission of Redemption documents to RA CLA NEW DELHI against the said Advance authorization since online Shipping Bills are not attaching and hence Online Redemption not possible

Decision: The Committee examined the statements made by the applicant and discussed the matter at length and observed that the applicant has not submitted any cogent reason/justification in support of any genuine hardship faced by them.

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Accordingly, the Committee decided to reject the request.

(Action: Applicant)

Case No.15

M/s. Whitelotus Industries Limited, Surat

F.No. HARPRCAPPLY0000292 AM25

Meeting No.20AM25 held on 23.10.2024

Subject: Request for revalidation of Authorization/Certificate against Advance Authorization No. 5210043580 dated 28.10.2020.

Applicant’s statement: We would like to inform you that we have been issued Advance Authorization for fulfillment of export obligation within 18 months i.e. till 27.03.2022. However, we have fulfilled the same within 1 year only. Accordingly, we got eligibility to import the allowed quantity of Raw material as per Advance License. Further inform that we could not import the allowed quantity of Raw Material within the validity period of 1 year i.e. 27.10.2021. Further we would like to inform that we could not import the allowed quantity of Raw Material within the validity period of 1 year i.e. 27.10.2021. Therefore, we had applied for extension and the same has been granted extended import validity period by 1 year i.e. 28.10.2022, But Within this extension period, we managed to import the allowed quantity of Polyester Film but unfortunately, we could not import the balance quantity of Granules in time and the extended import validity period has already Expired. Thereafter, we was applied on dtdt.10.12.2022 for allowance of revalidation for further 6 month in PRC (Policy Relaxation Committee) and committee was granted for revalidation of import validity further 6 month i.e. 19.09.2023, but we could not import of balance qty of Granule due to amended license is not reflect on custom site. Thereafter, we was complaint registered in DGFT helpdesk on dtd.06.06.2023 and 12.06.2023 vide Complaint no. 202306217384 & 202306218628 but till dated license is not reflect on custom and our amended license is expired and we are unable to balance import qty.Further as per para 2.2 (D) (I) of HBP "(d) Revalidation of Authorisation/Duty Credit Scrip shall also be allowed without charging any fee for the period of delay (the period for which authorisation/scrip holder was unable to utilise the same) or six months, whichever is less, due to the following reasons: (i) If Authorisation/Scrip or any amendment thereof could not be transmitted to Customs Server within fifteen working days from the date of issue/amendment; - In such cases, revalidation shall be allowed from the date of endorsement for the period of delay or six months, whichever is less. For example: Authorisation is issued having initial validity of 12 months on 01.04.2017. It was transmitted to Customs server on 01.04.2017 by DGFT server but it is accepted by Customs server on 31.10.2017. So, the Authorisation holder loses 7 months (still 5 months validity is left). In such a case, RA shall allow revalidation for a period of 6 months (validity of 5 months is subsumed) from the date of endorsement." Therefore, we request your to kindly allow revalidation for further 6 months.

Decision: The Committee examined the statements made by the applicant and

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discussed the matter at length and observed that the applicant has not submitted any cogent reason/justification in support of any genuine hardship faced by them. Accordingly, the Committee decided to reject the request.

(Action: Applicant)

Case No.16

M/s. Polycab India Limited, Mumbai

F.No. HARPRCAPPLY000011327 AM25

Meeting No.20AM25 __ held on 23.10.2024

Subject: Request for Revalidation of Authorization/Certificate against Advance Authorization No. 0311016111 dated 05/07/2022, 0311016483 dated 21/07/2022, 0311017330 dated 19/08/2022.

Applicant's statement: We are approaching you with this request for necessary revalidation of the above three Advance Authorizations for the purpose of obtaining indigenous supplies against invalidations which are already issued in favour of indigenous supplier and further redemption of these Authorizations. The facts of the case is as under: The above three advance authorizations have been revalidated from time to time. The copies of amendment sheets are enclosed for your ready reference. Though the orders for the required packing materials against each of the authorizations were placed with the indigenous suppliers, they could not supply the quantity as ordered within the re-validity of the Authorizations. However, the supplier is in a position to supply the packing material (wooden cable drums) now within three month?s time. Kindly note that we have already fulfilled the export obligations against all these three Advance Authorizations by utilizing the packing materials which were available in stock. We shall therefore be grateful if you kindly grant us the revalidation of three month from the date of approval by the PRC and oblige.

Decision: The Committee examined the statements made by the applicant and discussed the matter at length and observed that the applicant has not submitted any cogent reason/justification in support of any genuine hardship faced by them. Accordingly, the Committee decided to reject the request.

(Action: Applicant)

Case No.17 M/s. Laser Power & Infra Private Limited, Kolkata

F.No. HQRPRCAPPLY00009059 AM25

Meeting No.20AM25__ held on 23.10.2024

Subject: Request for extension of EOP against Advance Authorization No. 0211001991 dated 18.02.2022 Applicant's statement: With reference to Advance Authorization No 4 =\6in

0211001991 Dt 18.02.2022, we wish to inform you that we have fulfilled the export obligation to the extend of 60% within the extended export obligation period i.e. 18.08.2024. For the balance export quantities, the demand was postponed by our customer; hence we could not fulfill the export obligation within the validity. Some orders were also cancelled. Currently we have obtained the valid export orders against which we can fulfill the export obligation; hence we would humbly request your good self to grant us the extension of our export obligation period for a further 6 months from approval.

Decision: The Committee went through the justification given by the applicant and discussed the matter at length. The Committee decided to accede to the request and allow EOP extension of Advance Authorization No. 0211001991 dated 18.02.2022 for a further period of 6 months from the date of endorsement subject to payment of composition fee as per policy provisions. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/ RA Kolkata)

Case No.18 M/s. Masterplast India Private Limited, Indore

F.No. HARPRCAPPLY0000 9082AM25

Subject: Request for revalidation of Authorization/Certificate against Advance Authorization No. 5611000954 dated 31.05.2022. Applicant’s statement: Till date, we have already imported 95.78% and also fulfilled 99.57% of the export obligation against actual imports, but due to volatile foreign exchange prices, our international suppliers have backed out and have not dispatched the consignment of the remaining 4.22% permitted imports. Due to which we are unable to execute our remaining export orders in time.

Decision: The Committee examined the statements made by the applicant and discussed the matter at length and observed that the applicant has not submitted any cogent reason/justification in support of any genuine hardship faced by them. Accordingly, the Committee decided to reject the request.

(Action: Applicant)

Case No.19 M/s. Galaxy Surfactants Ltd, Mumbai

F.No. HARPRCAPPLY00009332 AM25

Meeting No.20AM25 __held on 23.10.2024

Subject: Request for unable to scrip 2205015120 against remission of Duties and Taxes on Export Products against Authorization No. 2205015120.

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Applicant’s statement: This is to inform you that we have faced the issue to use the Scrip 2205015120, where we still have the balance quantity to utilise fully. We were able to only utilize the part of the scrip amount. When we tried using the scrip it stated the error code 413, Invalid/Expired License, although the scrip was still active and well within the expiry period.

Decision: The Committee examined the case on the basis of submission made by the firm and discussed the matter at length. The Committee noted that it is not a PRC matter. The firm may approach Customs authority for resolution.

(Action: Applicant/ Customs)

Case No.20 M/s. Sri Shankara Cancer Foundation, Bengaluru

F.No. HQRPRCAPPLY00000587 AM25

Meeting No.20AM25 held on 23.10.2024

Subject: Request for Extension of Total EO Period against EPCG Authorization No. 0730014432 dated 29/04/2015.

Applicant’s statement: Dear sir/Madam It is to be noted that we are yet to fulfill the export obligation as required under the said license which was valid till 28.04.2021 and we had requested the office to extend the Export Obligation period till December 2024 via., PRC application No. HQRPRCAPPLY00002875AM24 dated 10.10.2023. But the office had provide the extension for one year i.e., till December 2022. Request reconsideration of EO Extension till December 2024 (detail letter enclosed)

Decision: The Committee went through the justification given by the applicant and discussed the matter at length. The Committee decided to accede to the request and allow EOP extension against EPCG Authorization No. 0730014432 dated 29.04.2015for a further period up to 31.12.2024 from the date of endorsement subject to payment of composition fee as per policy provisions. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/ RA Bangalore)

Case No.21 M/s. Diamond Engineering (Chennai) Private Limited, Chennai

F.No. HQRPRCAPPLY00009552AM25

Meeting No.20AM25__ held on 23.10.2024

Subject: Request for extension of EOP against Advance Authorization No. 0411002550 dated 02.02.2022. Q

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Applicant’s statement: Request for granting extension of additional time limit valid from 02.08.2024 to 30.06.2025 for completing export obligation under Advance Authorization - Delay in release of Amendment purchase order dt.07.05.2024 due to major changes in designing of Steel fabrication drawings - We herewith enclosed our detailed letter vide ref no.DECPL/DGFT/0739/2024- 2025, dt.14.09.2024 with supporting documents for your favorable consideration of PRC. Decision: The Committee went through the justification given by the applicant and discussed the matter at length. The Committee decided to accede to the request and allow EOP extension against Advance Authorization No. 0411002550 dated 02.02.2022 for a further period of 6 months from the date of endorsement subject to payment of composition fee as per policy provisions. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/ RA Chennai)

Case No.22 Nadu

M/s. Kriya Biosys Private Limited, Tamil

F.No. HARPRCAPPLY000010011 AM25

Meeting No.20AM25 held on 23.10.2024 Subject: Request to revalidate the shipping bills to enable generate rodtep scrip.

Applicant’s statement: With reference to the following shipping bills we are not able to generate the E script under RODTEP scheme due to scroll date already crossed one year. S.No. S.B. No /Date Port code S.No. S.B. No /Date Port code 01 8836487/ 22.02.21 INTUT1 12 5421/ 2 0.10.2179 INTUT1 02 1592011 / 05.05.21 INTUT1 13 7021205 / 25.12.21 INKAT1 03 9414032 / 17.03.21 INMAA4 14 6970453 / 23.12.21 INKAT1 04 1308195 / 23.04.21 INMAA4 15 7444073 / 13.01.22 INKAT1 05 2608899 / 23.06.21 INTUT1 16 7557778 / 18.01.22 INMAA1 06 3459280 / 29.07.21 INTUT6 17 8288559 / 17.02.22 INKAT1 07 3312801 / 22.07.21 INTUT1 18 9430602 / 02.04.22 INKAT1 08 3460257 / 29.07.21 INTUT6 19 1295865 / 10.05.22 INKAT1 09 4733441 / 21.09.21 INMAA1 20 5766260 / 02.11.21 INTUT6 10 4487465 / 09.09.21 INTUT1 21 4727352 / 11.10.22 INMAA4 11 5403715 / 20.10.21 INTUT1 22 5129739 / 30.10.22 INMAA4 We request you to revalidate the shipping bills and enable us to generate the RODTEPE script

Decision: The Committee examined the case on the basis of submission made by the firm and discussed the matter at length. The Committee noted that it is not a PRC matter. The firm may approach Customs authority for resolution.

(Action: Applicant/ Customs)

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----- Start of picture text -----<br> Case No.23 M/s. Cytech Coatings Private Limited, Gujarat<br>F.No. HQRPRCAPPLY000010493AM25<br>- }9-<br>----- End of picture text -----<br>

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Meeting No.20AM25

held on 23.10.2024

Subject: Request for extension of EOP against Advance Authorization No. 5211001063 dated 29.07.2021.

Applicant’s statement: With reference to Advance Authorization No. 5211001063 Dt. 29/07/2021, we wish to inform you that we have fulfilled the export obligation to the extent of 72.47% within the extended export obligation period i.e. 01.09.2024. For the balance export quantities, the demand was postponed by our customer; hence we could not fulfill the export obligation within the validity. Some orders were also cancelled. Currently we have obtained the valid export orders against which we can fulfill the export obligation; hence we would humbly request your good self to grant us the extension of our export obligation period for a further 6 months from approval. Decision: The Committee went through the justification given by the applicant and discussed the matter at length. The Committee decided to accede to the request and allow EOP extension against Advance Authorization No. 5211001063 dated 29.07.2021 for a further period of 6 months from the date of endorsement subject to payment of composition fee as per policy provisions. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/ RA Surat)

Case No.24 Gujarat

M/s. Cytech Coatings Private Limited,

F.No. HQRPRCAPPLY000010492AM25

Meeting No.20AM25

held on 23.10.2024

Subject: Request for extension of EOP against Advance Authorization No. 5211001116 dated 09.08.2021.

Applicant’s statement: With reference to Advance Authorization No. 5211001116 Dt. 09/08/2021, we wish to inform you that we have fulfilled the export obligation to the extent of 85.53% within the extended export obligation period i.e. 01.09.2024. For the balance export quantities, the demand was postponed by our customer; hence we could not fulfill the export obligation within the validity. Some orders were also cancelled. Currently we have obtained the valid export orders against which we can fulfill the export obligation; hence we would humbly request your good self to grant us the extension of our export obligation period for a further 6 months from approval.

Decision: The Committee went through the justification given by the applicant and discussed the matter at length. The Committee decided to accede to the request and allow EOP extension against Advance Authorization No. 5211001116 dated

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09.08.2021 for a further period of 6 months from the date of endorsement subject to payment of composition fee as per policy provisions. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/ RA Surat)

Case No.25

M/s. Prominent Vanijya Pvt Ltd, Faridabad

F.No. HARPRCAPPLY000010678AM25

Meeting No.20AM25 held on 23.10.2024

Subject: Request for Extension of Total EO Period against EPCG Authorization No. 0530168149 dated 21/07/2016.

Applicant’s statement: Sub:- Extension of EO period for EPCG license beyond 8 years Dear Sir, This is in reference to our EPCG License no ? 0530168149 dated 21.07.2016, please note that we imported spare parts for our knitting machines against the BOE no ? 6891335 dated 28.09.2016, 7504786 dated 18.11.2016, 8093516 dated 06.01.2017, 8794897 dated 07.03.2017 and 2031389 dated 09.06.2017 respectively against the said EPCG License. As per the terms of fulfilment of export obligation we were supposed to complete our export with in 6 years, upto 21.07.2022. In this regard we would like to inform you that the company is mainly engaged into manufacturing of knitted fabric from yarn and sale the same to M/s Manish Vinyls Pvt Ltd, where they produce PVC leather cloth and consume this knitted fabric as backing material and then exports the finished goods. Hence for us we had to complete our export commitment through deemed export. We would like to inform you that initially we planned to complete our export obligation (through deemed export) by 2021-22 but due to back to back covid our business got affected and we could not achieve our export obligation. The recovery from such covid damages both domestically and internationally took time. We then took a 2 year extension from CLA which allowed us time till July 2024. But due to the unfavourable market conditions, we could not yet fulfil our export obligations. As the timeline/tenure to achieve the export obligation has already expired, hence we request you to kindly allow us 2 years extension from now to achieve our export obligation and to get the license redeemed from your goodself. Your kind cooperation in this regard is solicited. Thanking you Yours truly For Prominent Vanijya Pvt Ltd

Decision: The Committee went through the justification given by the applicant and discussed the matter at length. The Committee decided to accede to the request and allow EOP extension against EPCG Authorization No. 0530168149 dated 21.07.2016 for a further period of 2 years from the date of endorsement subject to payment of composition fee as per policy provisions. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/ CLA New Delhi)

:

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me

Case No.26

Policy Matter- PC-2

F.No. 01/60/162/35/AM-25/PRC

Meeting No.20AM25 held on 23.10.2024

Subject: Representation from Material Recyclers Association of India (MRAI) for relaxation of Pre-shipment inspection certificate requirement under HBP Para 2.51 for metal scrap.

  • Agenda Note of PC2 and Applicant Statement: The Material Recycling Association of India (MRAI) submitted representations dated 30.09.2024 and 17.10.2024 highlighting the urgent issue of non-clearance of containers already arrived at different ports and others arriving soon, due to the non-availability of PreShipment Inspection Certificates (PSIC). An interaction with Stakeholders, as identified by MRAI, from the list of affected importers of Metal Scrap due to nonavailability of Pre-Shipment Inspection Certificate was also held on 21.10.2024 at 04:00 P.M by Policy 2 Division. The brief of the issue faced is as follows: i. The importers expressed their concerns regarding the containers that remain uncleared at the ports due to non-availability of a valid pre-shipment inspection certificate, which is the pre requisite of shipments of Metal scrap as per Para 2.51 of Handbook of Procedures.

  • ii. The importers stated that they import scrap based on the Contract in terms of CIF/ C&F hence the cost, compliance requirement (including pre shipment and PSIC) & liability lies with the supplier/exporter and not on them. The scrap importers indicated that the responsibility and knowledge of all accompanying documents is with the exporters/suppliers and the suppliers/exporters would have shipped the containers to fulfil the commitment of supply schedule even at the cost of complete documentation. Currently, all importers whose products have arrived at the port and are pending for clearance due to the non-availability of the Pre-Shipment Inspection Certificate (PSIC) are urging for a post-shipment inspection especially at Ports with Scanner such as Mundra and Nhava Sheva including the situation where containers have moved to ICD through these ports. It was also indicated that many of these consignments would have already passed through Radiation Portal and Port Scanners since a charge on account of scanning is in built in the port charges.

  • ii. They had submitted that this had happened during the transition period as many of the PSIAs validity of operation had become expired & would be in the process of renewal and a number of revision of jurisdictions had taken place for the valid PSIAs vide Public Notice No. 11 dated 12/06/2024 and Public Notice No. 12 dated 26/06/2024 issued by DGFT. MRAI informed that shipments had to made by exporters/shippers due to contracted commitments within stipulated period of generally 2 months. The importers have informed that inspections were not conducted at various ports of loading due to unavailability of DGFT-designated Pre-Shipment Inspection Agencies (PSIAs) for conducting inspections. Furthermore, in instances where inspection agencies were present, they failed to provide the necessary certificates as they had got delisted during that period. They acknowledged the oversight on the part of shipper/exporter. They assured that they will take

these considerations into account in the future and commit to adhering to all relevant regulations. They pleaded for —

  • a. Policy relaxation to allow clearance of the containers which have arrived at designated port but without pre-shipment inspection due to transitional changes. They are ready for post-shipment inspection at their cost by any designated agency by customs for the shipments made from June onwards.

  • b. They also pleaded for requesting shipping lines/port authorities to not charge detention and demurrage charges

  • c. They also pleaded for forwarding request to Customs to allow late filing of Bill of Entry without any penalty.

Decision: The Committee considered the Agenda Note on the subject and representations submitted by MRAI and discussed the matter in detail. It was noted that some of the parties who Shipped consignments during 12!" June — 315' August 2024, are presently facing difficulty beyond their control in clearance of consignments. The Committee decided to relax the provision contained in paragraph 2.51(b)(i) and paragraph 2.51(d)(i) regarding “furnish to the Customs pre-shipment inspection certificate", for goods Shipped on Board between 12th June 2024 to 31%' August 2024 at or through designated Port having installed scanners. This shall cover goods which have moved to ICD through these ports. The Committee relaxed the requirement of submission of pre-shipment inspection certificate subject to the condition that post-shipment inspection of the imported material to the satisfaction of Customs will be conducted by an Agency to which the Customs concur and said Agency shall certify in the same format and manner as contained in 2.51(b){i) and 2.51(d)(i) as the case may be. This shall be done even for consignments which may have already passed through Radiation Portal and Port Scanners, with cost thereof to be paid by the parties who shall also submit and comply as per provisions of para 2.51 of HBP and other policy provisions. Other provisions of the said paragraphs remaining the same. Responsibility and Liability of importer, exporter and agency conducting postshipment inspection and issuing requisite certificate will be in accordance to Para 2.53 of HBP and each shall submit a declaration to Customs that they are aware of the provisions of the FTP and HBP and Appendix 2H and agree to abide by the same. Where uploading is mandated, e-mailing to Customs and DGFT shall suffice. A penalty of Rs 10,000/- per container is imposed on importer to be deposited in Government Account in “Miscellaneous Payments in DGFT System” and proof thereof along with an undertaking that such lapse will not be repeated for any future consignments is to be submitted at Port.

(Action: Applicant MRAI/Affected Parties/PC-2/ Customs Authorities of designated Ports/ Port Authorities.

Case No.27 M/s. Encube Ethicals Private Limited, Mumbai.. F.No. HARPRCAPPLY000010684AM25

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Subject: Request for extension of EOP against Advance Authorization No. 0310835597 dated 15.04.2020.

Applicant’s statement: With reference to Advance Authorization No. 0310835597 Dt 15.04.2020, we wish to inform you that we have fulfilled the export obligation to the extent of 70% within the extended validity of license i.e. 15.10.2021. For the balance export quantities, we could not fulfill the export obligation within the validity. Currently we have obtained the valid export orders against which we can fulfill the export obligation, hence we would humbly request your good self to grant us the extension of our export obligation period for a further 6 months from approval. Decision: The Committee examined the statements made by the applicant and discussed the matter at length and observed that the applicant has not submitted any cogent reason/justification in support of any genuine hardship faced by them. Accordingly, the Committee decided to reject the request.

(Action: Applicant)

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