DGFT Committee Minutes

Minutes of the Meeting held on 22/4/2019 in DGFT (HQ), Udyog Bhavan, New Delhi to finalise the allocation of Calcined Pet Coke (CPC) ( .5 MT) for Aluminium Industry and Raw Pet Coke (RPC) (1.4 MT) for CPC manufacturing to be allotted in pursuance of the Public Notice No. 81 dated 22.3.2019 and minutes of the meeting dated 5.4.2019. In Chair, Shri K.C. Rout, Additional DGFT The following officers attended the meeting: i Shri S.P. Roy, Joint DGFT, DGFT ii. Dr. Priti Singh, Scientist C, M/o Environment, Forests & CC ili. Shri Santanu Dhar, Under Secretary, M/o Petroleum & Natural Gas (MoP&NG) iv. Shri Arun Sehgal, GM(IB), Indian Oil Corporation Ltd., DSO vi. Shri Rajan Kapoor, GM, Coord, M/o Petroleum & Natural Gas (MoP&NG) vil. Shri Nirmal Kumar, DDG, DGFT 2, The Committee noted that in pursuance of the Public Notice no 81 dated 22.03.2019 four (04) applications were received for import of Calcined Pet Coke (CPC) and ten (10) applications for Raw Pet Coke (RPC). The Committee had earlier met on 5.4.2019 and had decided provisional allocation for CPC industry and sought complete information/ documents from the Aluminium industry. The minutes of the meeting were accordingly uploaded on the DGFT’s website (https://dgft gov.in/sites/default/files/Draft%20Minutes._0.pdf). The committee again met on 22.4.2019 to finalise the allocation. 3. The Committee noted that it had decided to seek from the applicants their latest SPCB certificates by 15th April, 2019 (6.00 p.m). Based on the Capacity of imported CPC indicated in these SPCB certificates submitted by the applicants, the Committee decided to provisionally allocate the total available quantity of 0.5 MT CPC on proportionate basis as detailed in para. 8 of the draft minutes dated

5.4.2019 and as indicated in Annexure |. The applicants are advised to file their objections/comments, if any, by 250 of this month so that the final allocation can be made by 269 of this month. Raw Pet Coke for CPC manufacturing 4. While considering the allocation for the quota of 1.4 MT for Raw Pet Coke, the Committee observed that there were 10 applicants. However, as M/s. Refratherm International Pvt. Ltd. had applied only on 02.04.2019 i.e. after the last date for submission of application, the Committee had decided to reject the case. Of the remaining nine applicants four applicants have represented. The Committee considered these representations and recorded its observation as under. 5. M/s. Rain Cll Carbon (Vizag) Ltd. has submitted additional requirement of 4,88,000 MT of RPC for its AP SEZ Visakhapatnam Plant, which is yet to be Operational. Similarly, M/s. Sanvira Ltd. has also submitted its requirement for meeting the additional capacity of 1,30,000 MT. In this regard, the Committee noted that the request for additional requirement of Raw Pet Coke by these two applicants had been set aside by the Hon'ble Supreme Court, vide Order of the Supreme Court dated 09.10.2018. The Hon'ble Supreme Court in its order dated 28.1.2019 while disposing off the |.A. No.168847/2018, 1451/2019 & 1847/2019 (filed on behalf of Rain carbon); L.A. No.12291/2019(filed on behalf of Sanvira Ind.Ltd.) and IA. No.164303 (filed on behalf of Saket Agarval) and I.A.No.13210/2019 (filed on behalf of Goa Carbon Ltd) had pronounced that “the order passed by this Court is clear. This Court has set the outer limit for import of raw pet coke cannot exceed 1.4 MT per annum in total. In view of the aforesaid, prayers made on the basis of expansion etc. are totally misconceived and cannot be entertained. No further orders are required to be passed on these |.A.s. The same are hereby dismissed.” The Committee accordingly decided to reject the request for additional quantity of RPC for the additional capacity added by applicants after the Hon’ble Supreme Court's order dated 9.10.2018. VA

Further, on the other issue raised by M/s Rain Cll that the requirement of Fuel Gas Desulphurisation (FGD) system with an efficiency of over 90% may also be made a criteria for allocation of RPC amongst the applicants, the Committee observed that while this (FGD) was referred to in the judgment of the Hon'ble Supreme Court's order dated 9.10.2018; it was not a pre-condition for allocation of 1.4 MT of RPC. The Committee observed that its jurisdiction is restricted only to the allocation of RPC. Hence, the Committee decided that for enforcement of FGD system/ emission requirement the Ministry of Environment, Forest and Climate Change (MoEF&CC) may examine the matter and issue necessary guidelines and advisory to the industry, if required. 7, The committee also observed that M/s Rain (Cll) has drawn attention to DGFT's Office Memorandum No. 0| /93/180/03/AM-I O/PC-2(A)/P-12485 dated 5th December, 2018. The Committee decided that in view of the order of the Hon'ble Supreme Court dated 28.1.2019 (as detailed in para. 5 in this minutes), the above communication dated 5th December, 2018 is infructuous. 8. In case of M/s Sanvira Industries Ltd. also, the Committee noted that the additional capacity of 1,30,000 MT was created after the Hon’ble Supreme Court’s Order dated 9.10.2018 as per the official record. Hence, the request for additional quantity for the new Capacity was rejected by the Committee. 9. The Committee accordingly reconsidered the quantity allocated vide Minutes of the Meeting dated 5.4.2019 and finalized the allocation of RPC as per Annexure-ll 10. The Committee further decided that the applicants are required to intimate the quantity of pet coke imported by them at the end of each quarter, i.e., by 30th June, 300 September, 31st December and ३1५ March within one month of the end of the each quarter. Further, applicants have to intimate the quantity imported by them a ae against the quota allocated to them for the FY 2018-19 by end of April, 2019. RK

Annexure I Provisional Alocation of Calcined Pet Coke In MTs tie 2 | 3 | 4 | 5 | 7 | ame of the Firm | Date of receipt | Quantity applied | Production Capacity | Total | | | of application | | as per SPCB Proportionate | | | | Certificate submited alocation | | ॥ ॥ _per annum | | L. | M/s National | 30.3.2019 | 60,000 | 60000 43162.362 | Aluminium | ॥ Company Ltd. | | | | M/s Vedanta Ltd. _| 26.3.2019 | 4,00,000 | 3,74,000 | 269045.392 iF, M/s Bharat | 28.3.2019 | 81,235 62500 | 44960.794 | | Aluminium । | | | | Company Ltd. | | | | 4. M/s Hindalco | 29.3.2019 | 1,20,000 (Odisha) 116550 | 142831.450 | | Industries Ltd. | (Odisha) | | 60,000 | | | | | | 0७.7.) | 60,000 | | (M.P.) | | 20,000 | | | | | (UP. | 22,000 | | | | (U.P.) | 2,00,000 (3 units) | ॥ | | | | | 741235 695050 499999.998 r

Final Allocation of Raw Pet Coke Annexure 11 | In MTs re 2 | 3 Cee 5 | 6 | 7 8 9 S.no. Name of the Date of Quantity | Production | Input Proportionate Proportionate Total alocation of | Firm receipt of applied | Capacity as | requirement alocation alocation of RPC | | application | per SPCB | asperEPCA | excess (Col. 7 + Col. 8) | | Certificate | Report @ | | quantity | | | | submited | 1:1.36 | | | | 11. | Rain Cll | 27.2.2019 | 11,93,600 | 5,11,000 694960 | 537917.635 | 15656.602 | 553574.237 | | Carbon (Vizag) | | | | | | | | | |2. | M/sSanvira | 27.3.2019 (4,95,000 | 2,00,000 | 272000 | 210535.278 | 6127.828

• 216663.106 | । | Industries Ltd. | | | | | । । ॥ (3. | M/s 004 | 28.3.2019 — 4,15,800 | 3,08,000 | 418880 | 324224.328 | 9436.856 333661.184 | ॥ | Carbon | | | | । i | |

M/s India | 30.3.2019 | 75,600 | 54,000 73440 | 56844.525 | 1654.513 | 58499.038 | Carbon Ltd. | | | | | ॥ । |5. | M/s Neo 28.3.2019 50,000 75,000 102000 78950.729 | 50000* Carbon Pvt. | | |

| Ltd. | | | | | | 6. M/s Amritesh | 30.3.2019 | 33,600 24,000 32640 | 25264.233 735.339 | 25999.572 | Industries Pvt. | | | 1, | |

|7. | M/s Kalinga | 283.2019 80,000 | 46,200 | | 62832 |18633.649._ 145 559 | 50049.178 | Calciner Ltd. | । | | | | | ' | | | 5.. | Mis Vedic 12855059 10,000 | 18,000 | 24480 1 अप म | 10000* ॥ Petrochemical | | Pvt. Ltd. | | | M/s Petro | 29.3.2019 | 1,40,616 Carbon And | ॥ | | Chemicals(P) Ltd. | | | 98681.445 | 2872.236 | 101553.681 Excess alocation to M/s Neo Carbon Pvt. Ltd 28950.729 ana re-distributed among other applicants sal 1808723 | 1399999.997 | 37898.903 _ 1399999.996 M/s Vedic Petrochemical Pvt. Ltd. 8948.175 = 37898.904 which is * Quantity applied by the applicant is less than the input requirement as per EPCA Report i.e. 1:1.36