DGFT Committee Minutes

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Minutes of the Meeting of NC-V meeting held on 28.05.2009

The Meeting No. 09/AM10 for the licensing year 2009-10 to consider the cases under Duty Exemption Schemes (Chapter-4) held on 28.05.2009 in Room No.4 of DGFT under the Chairmanship of Shri A.K.Singh, Jt. DGFT. The following officers were present: - Sl. No Name of the representatives & their designation Department 1. Sh. Shaish Kumar, Industrial Advisor DIPP 2. Sh. J.D.Giri, Nominee, AEPC AEPC 3. Sh.R.A.Lal, Deputy Director R.O, TC, Noida 4. Sh. Ashok Kumar Arora, Dy.DGFT DGFT 5. Sh. Kuldeep Singh, Asstt. Director MSME 6. Sh. Pradip Kumar, F.T.D.O DGFT

(TEXTILES AND LEATHER ITEMS)

MEETING NUMBER : 9/84-ALC3/2009 MEETING DATE : 28.05.2009

Case No.:2/1/84-ALC3/2009

Party Name:LASTOLITE IMAGING Meet No/Date:9/84-ALC3/2009 Status: Deferred

PRO version 1 Case No.: / /8 C3/ 009 a ty Na e: S O G NG SOLUTIONS PRIVATE LIMITED, eet No/ ate:9/8 C3/ 009 28.05.2009 Status: e e ed HQ File :01/84/050/00466/AM09/ RLA File :04/24/040/00273/AM09/ Lic.No/Date:0410102678 04.03.2009 Defer Date: 25.06.2009 Decision: The Committee considered the case as per agenda alongwith other relevant papers and observed that information/documents called for by DGFT is still awaited from the applicant firm. In view of this Committee decided to await the same and defer the case for re-listing on 25.06.2009.

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Case No.:1/5/84-ALC3/2009

Party Name:STALWART LIFESTYLE PVT.LTD. Meet No/Date:9/84-ALC3/2009 28.05.2009 Status: Rejected HQ File :01/84/050/00016/AM10/ RLA File :05/24/040/00013/AM10/ Lic.No/Date:0510239868 17.04.2009

Decision: The Committee considered the case as per agenda alongwith other relevant papers and observed that applicant firm neither attended the personal hearing granted to them to explain the case nor informed any reason for not attending the meeting. In view of this, Committee was constrained to maintain the decision of rejection already taken in this case.

                 Firm may be informed accordingly.

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Case No.:5/5/84-ALC3/2009

Party Name:RICHA & CO Meet No/Date:9/84-ALC3/2009 28.05.2009 Status: Deferred HQ File :01/84/050/00020/AM10/ RLA File :05/24/040/00009/AM10/ Lic.No/Date:0510240254 23.04.2009 Defer Date: 25.06.2009 Decision: The Committee considered the case as per agenda alongwith other relevant papers and observed that case is under examination of DC (MSME). It was therefore decided to await the comments and defer the case for re-listing on 25.06.2009.

PRO version

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Case No.:2/9/84-ALC3/2009

Party Name:B.M.PROCESSING INDUSTRIES ( A UNIT OF M/S-RADHEY Meet No/Date:9/84-ALC3/2009 28.05.2009 Status: Approved HQ File :01/84/050/00033/AM10/ RLA File :05/24/040/00096/AM10/ Lic.No/Date:0510241599 15.05.2009

Decision: The Committee considered the case as per agenda and in consultation with the representatives of technical authorities present in the meeting decided to ratify the Advance authorization issued in this case by allowing 1% wastage on the item of import. The description of import item may be amended to read as “undyed & untwisted viscose rayon filament yarn”.

The R.A shall be advised to take necessary action subject to compliance of other usual conditions.

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Case No.:1/9/84-ALC3/2009

Party Name:JIWANRAM SHEODUTTRAI INDUSTRIES PVT.LTD. Meet No/Date:9/84-ALC3/2009 28.05.2009 Status: Deferred HQ File :01/84/050/00032/AM10/ RLA File :02/24/040/00023/AM10/ Lic.No/Date:0210126588 18.05.2009 Defer Date: 25.06.2009 Decision: The Committee considered the case as per agenda alongwith other relevant papers and observed that copy of application has not been received in this case. It was decided to defer the case for re-listing on 25.06.2009.

Manual agenda cases

Case No.164

M/s Richa & Co., New Delhi NC 09/10 dt. 28.05.2009 F.No. 01/84/50/97/AM-07/DES-V

PRO version Re-fixation of input output norms against Advance Authorization No. 0510183229 dated 24.05.2006 – under Para 4.7 of HBP (Vol.I) 2004-2009. Decision: The Committee considered the case as per agenda and in consultation with the representatives of technical authorities present in the meeting decided to ratify the Advance authorization issued in this case on the basis of written comments of DC (MSME) conveyed vide their U.O NO. 37(5)/21/2009-10/Hosy. dated 25.05.2009 as detailed below: - Export Product Import Item Qty. allowed. Ladies Skirt made of 100% Rayon Printed Woven fabric, GSM-105+/- 10% 100% Rayon solid dyed Woven fabric, GSM- 105+/-10% 3.75 Sq mtrs./Pc Ladies Skirt made of 97% cotton 3% spandex solid dyed woven fabrics, GSM-145+/-10% 97% cotton 3% spandex solid dyed woven fabrics, GSM-145+/-10% 3.11 Sq mtrs./Pc The GSM should match in both import & export.

Case No.165

Reference from Jt. DGFT, Madurai in respect of M/s Fenner Conveyor Belting Pvt. Ltd. F.No. 01/84/162/580/AM-08/DES-V Application for fixation norms for the Advance authorization under Para 4.7 of HBP. Decision: The Committee considered the case as per agenda and in consultation with the representatives of technical authorities present in the meeting decided to to advise R.A to issue the advance authorization in this case and ratify the Advance authorization issued in this case by allowing 3% wastage on item of import as detailed below: - Export item Export Qty. Import item Quantity allowed Conveyor belt of textile materials not impregnated or coated made out of polyester 56640 Kgs Polyester filament yarn high tenacity 1000D 45682 Kgs.

PRO version filament yarn high tenacity 1000D, net content: 44352 Kgs. and net content of cotton yarn 12288 Kgs. No repeat advance authorization can be issued to the firm in future. The R.A. shall be advised to take necessary action subject to compliance of other usual conditions.

Case No.166

M/s Shivam Global Apparels Pvt. Ltd., Faridabad F.No. 01/84/50/223/AM-05/DES-V Re-fixation of input output norms against Advance Authorization No. 0510096282 dated 16.07.2003 . Decision: The Committee considered the case as per agenda and in consultation with the representatives of technical authorities present in the meeting decided to ratify the Advance authorization issued in this case on the basis of written comments of DC (MSME) conveyed vide their U.O NO. 37(5)/22/2009-10/Hosy. dated 27.05.2009 as detailed below in partial modification of its earlier decision: - Export Product Import Item Qty. allowed. Girls Dress made of 100% Polyester Organsa fabric and Polyester Satin fabric 100% Polyester Organsa fabric, GSM-33+/10% 1.71 Sq mtrs./Pc

100% Polyester Satin fabric, GSM-83+/10% 1.57 Sq mtrs./Pc

Girls Dress (Babies Garments) made of 100% Polyester Organsa fabric and Polyester Satin fabric 100% Polyester Organsa fabric, GSM-33+/10% 1.52 Sq mtrs. /Pc

100% Polyester Satin fabric, GSM-83+/10% 1.38 Sq mtrs. /Pc

PRO version

Case No.167

M/s Gulati Exports House, Gurgoan F.No. 01/84/50/269/AM-07/DES-V Re-fixation of input output norms against Advance Authorization No. 0510190527 dated 08.09.2006 – under Para 4.7 of HBP (Vol.I) 2004-2009. Decision: The Committee considered the case as per agenda and in consultation with the representatives of technical authorities present in the meeting decided to ratify the Advance authorization issued in this case on the basis of written comments of DC (MSME) conveyed vide their U.O NO. 37(5)/24/2009-10/Hosy. dated 27.05.2009 as detailed below in partial modification of its earlier decision: - Export Product Import Item Qty. allowed. 94% Nylon 6% Spandex knitted Ladies Skirts. Fabric, GSM- 75+/10% 94% Nylon 6% Spandex knitted Fabric, GSM- 75+/10% 1.30 Sq mtrs./Pc

The GSM should match in both import & export.

Case No.168

M/s Lastolite Imaging Solution Pvt. Ltd. F.No. 01/84/50/173/AM-09/DES-V Re-fixation of input output norms against Advance Authorization No. 0410096702 dated 24.06.2008 – under Para 4.7 of HBP (Vol.I) 2004-2009. Decision: The Committee considered the case as per agenda alongwith other relevant papers and observed that information/documents called for by DGFT is still awaited from the applicant firm. In view of this Committee decided to await the same and defer the case for re-listing on 25.06.2009.

Case No.169

M/s Coirflex, Kerala F.No. 01/85/50/77/AM-08/DES-V

PRO version Ratification of input output norms against Advance Authorization No. 1010027284 dated 05.11.2007 – under Para 4.7 of HBP (Vol.I) 2004-2009. Decision: The Committee considered the case as per agenda and in consultation with the representatives of technical authorities present in the meeting decided to ratify the Advance Authorization issued in this case on the basis of report of team, who visited the units of other firms, who are manufacturer of similar export/import items by allowing 3% wastage. Weight of Plastisole should match in the export and import item. Copy of report is attached.

The R.A. shall be advised to take necessary action subject to compliance of other usual conditions.

Case No.170

M/s Punit Creation, Mumbai F.No. 01/84/162/16/AM-10/DES-V Re-fixation of input output norms against Advance Authorization No. 0310508931 dated 24.02.2009 – under Para 4.7 of HBP (Vol.I) 2004-2009. Decision: The Committee considered the case as per agenda and went through the CAD, CAM, Laymarker & measurement etc submitted by the firm and observed that as regards import item No.1 i.e 100% Nylon semi dull with Crinkle, the Qty. asked by the firm is 1.61 Sq mtrs./Pc, whereas the SION, J-292 for the export product in this case permits the Qty. 1.60 Sq mtrs./Pc. In view of this, Committee taking into consideration the Policy Circular No. 34/(RE-07)/2004-2009 dated: 24th March, 2008 decided to allow the item of import @ 1.60 Sq mtrs/Pc. As regards 2nd item of import i.e 100% Polyester knitted Mesh, Committee decided to allow the Qty. as applied by the firm.

The R.A. shall be advised to take necessary action subject to compliance of other usual conditions.

Case No.171

M/s Color Lines Clothing (India) Pvt. Ltd., Bangalore

PRO version F.No. 01/84/50/346/AM-09/DES-V Re-fixation of input output norms against Advance Authorization No. 0710060473 dated 16.10.2008 – under Para 4.7 of HBP (Vol.I) 2004-2009. Decision: The Committee considered the case as per agenda and in consultation with the representatives of technical authorities present in the meeting decided to ratify the Advance authorization issued in this case on the basis of written comments of DC (MSME) conveyed vide their U.O NO. 37(5)/25/2009-10/Hosy. dated 27.05.2009 as detailed below in partial modification of its earlier decision: - Export Product Import Item Qty. allowed. 100% silk mill made woven Ladies Dress, GSM-80+/10% (Style No. S0103681) 100% silk woven fabric, GSM-80+/10% 2.50 Sq mtrs./Pc

100% silk mill made woven Girls Dress, GSM-80+/10% (Style No. S0103681) 100% silk woven fabric, GSM-80+/10% Not recommended as no details provided. The GSM should match in both import & export.

Case No.172

M/s Ponn Sanger Exports, Coimbatore F.No. 01/84/162/981/AM-08/DES-V Re-fixation of input output norms against Advance Authorization No. 3210036607
dated 05.11.2007 – under Para 4.7 of HBP (Vol.I) 2004-2009. Decision: The Committee considered the case as per agenda alongwith other relevant papers and observed that applicant firm neither attended the personal hearing granted to them to explain the case nor informed any reason for not attending the meeting. In view of this, Committee was constrained to maintain the decision of rejection already taken in this case.

                                 Firm may be informed accordingly.

PRO version

Case No.173

M/s Gupta Exim (India) Pvt. Ltd., New Delhi F.No. 01/84/50/680/AM-06/DES-V Re-fixation of input output norms against Advance Authorization No. 0510177813 dated 06.01.2006 – under Para 4.7 of HBP (Vol.I) 2004-2009. Decision: The Committee considered the case as per agenda and in consultation with the representatives of technical authorities present in the meeting decided to ratify the Advance authorization issued in this case on the basis of written comments of DC (MSME) conveyed vide their U.O NO. 37(5)/23/2009-10/Hosy. dated 27.05.2009 as detailed below in partial modification of its earlier decision: - Export Product Import Item Qty. allowed. Qty. to be accounted for in the export product Mens Polo shirts with collar and cuffs (103500 Pcs) 100% cotton pique knitted fabric 20s/1yarn dyed, GSM-220+/3% 36660 Kgs 31200 Kgs Collars made of 100% cotton flat knitted 20s/1x3 yarn dyed fabric 105570 Nos. 103500 Nos. Cuffs made of 100% cotton flat knitted 20s/1x3 yarn dyed fabric 211140 Nos. 1207000 Nos.

PRO version Mens Polo shirts with collar and cuffs (3000 Pcs) 100% cotton pique knitted fabric 20s/1yarn dyed, GSM-220+/3% 1063 Kgs 905 Kgs Collars made of 100% cotton flat knitted 20s/1x3 yarn dyed fabric 3060 Nos. 3000 Nos. Cuffs made of 100% cotton flat knitted 20s/1x3 yarn dyed fabric 6120 Nos. 6000 Nos. Mens Polo shirts with collar and cuffs (1022 Pcs) 100% cotton pique knitted fabric 20s/1yarn dyed, GSM-220+/3% 362 Kgs 308 Kgs Collars flat made of 100% cotton knitted 20s/1x3 yarn dyed fabric 1043 Nos. 1022 Nos. Cuffs made of 100% cotton flat knitted 20s/1x3 yarn dyed fabric 2085 Nos. 2044 Nos. The GSM should match in both import & export.

Case No.174

M/s Colart Camlin Canvas Pvt. Ltd., Mumbai F.No. 01/84/162/73/AM-10/DES-V Re-fixation of input output norms against Advance Authorization No. 0310468684 dated 17.04.2008 – under Para 4.7 of HBP (Vol.I) 2004-2009. Decision: The Committee considered the case as per agenda and in consultation with the representatives of technical authorities present in the meeting decided to ratify the Advance authorization issued in this case on repeat basis by allowing 1% wastage on item of import. It was also decided to add following words in the description of export item: - “ Containing Paulownia wood Bars of various sizes – Minimum 180.58 cubic meter”. Further, in the description of

PRO version import item following words may be added “Paulownia wood Bars of various sizes 182.39 cubic meter”.

Case No.175

M/s Colart Camlin Canvas Pvt. Ltd., Mumbai F.No. 01/84/162/72/AM-10/DES-V Re-fixation of input output norms against Advance Authorization No. 0310497358 dated 11.12.2008 – under Para 4.7 of HBP (Vol.I) 2004-2009. Decision: The Committee considered the case as per agenda and in consultation with the representatives of technical authorities present in the meeting decided to ratify the Advance authorization issued in this case on repeat basis by allowing 1% wastage on item of import. It was also decided to add following words in the description of export item: - “ Containing Paulownia wood Bars of various sizes – Minimum 412.98 cubic meter”. Further, in the description of import item following words may be added “Paulownia wood Bars of various sizes 417.11 cubic meter”.

Case No.176

M/s Print Process, Chennai F.No. 01/87/50/1082/AM07/DES-V Re-fixation of input output norms against Advance Authorization No. 0410088142 dated 08.03.2007 – under Para 4.7 of HBP (Vol.I) 2004-2009. Decision: The Committee considered the case as per agenda and alongwith other relevant papers and observed that O/o TC, Mumbai vide their letter No. PF.38 (45)/2007Wvg./19 dated 4/8.10.2007 have recommended 2% wastage in similar case of the applicant firm. The Committee after detailed deliberations in consultation with the representatives of technical authorities present in the meeting decided to ratify the Advance authorization issued in this case by allowing 2% wastage from non-woven fabric (of relevant GSM) to made-ups (bags) i.e 1.02 Kg of PP spun bonded non-woven fabric/Kg of made-ups (bags) in this case. The GSM should match in both import & export.

PRO version

Case No.177

M/s Print Process, Chennai F.No. 01/87/50/750/AM07/DES-V Re-fixation of input output norms against Advance Authorization No. 0410086084 dated 01.12.2006 – under Para 4.7 of HBP (Vol.I) 2004-2009. Decision: The Committee considered the case as per agenda and alongwith other relevant papers and observed that O/o TC, Mumbai vide their letter No. PF.38 (45)/2007Wvg./19 dated 4/8.10.2007 have recommended 2% wastage in this case. The Committee after detailed deliberations in consultation with the representatives of technical authorities present in the meeting decided to ratify the Advance authorization issued in this case by allowing 2% wastage from non-woven fabric (of relevant GSM) to made-ups (bags) i.e 1.02 Kg of PP spun bonded non-woven fabric/Kg of made- ups (bags) in this case. The GSM should match in both import & export.

Case No.178

M/s Bhadresh Trading Corp. Ltd., Mumbai F.No. 01/84/162/717/AM09/DES-V Fixation of SION for Raw Cotton (not carded or combed) Decision: The Committee considered the case as per agenda and alongwith other relevant papers and observed that M/o Agriculture, D/o Agriculture & Cooperation vide their O.M dated 27.05.2009 have informed that the matter is being examined in their Deptt. and a final view taken in the matter would be conveyed shortly. In view of this Committee decided to defer the case for re-listing on 11.06.2009.

PRO version

Outside agenda cases

Case No.1 M/s Century Overseas, New Delhi F.No. 01/84/50/36/AM08/DES-V Re-fixation of input output norms against Advance Authorization No. 0510203277 dated 04.05.2007 – under Para 4.7 of HBP (Vol.I) 2004-2009. Decision: The Committee considered the case as per agenda and alongwith other relevant papers and observed that applicant firm was called for personal hearing on 11.06.2009, Sh. Krishnan, an authorized representative of the firm appeared for personal hearing before NC. It was observed that this case was cleared by ALC in its meeting held on 07.06.2007 by allowing the item of import @ 2.45 Sq mtrs./Pc with the condition that the GSM of import and export shall match. The representative explained that as the shipments were already made prior to the communication of said ALC decision and in the application, GSM is neither mentioned in export side nor import side, the GSM could not be mentioned on the shipping bills in this case. In view of this Committee after detailed deliberations in consultation with representatives of technical authorities present in the meeting recalled Para (ii) of ALC Circular No.3 (RE- March, 2001) dated 05.09.2001, whereby it has been clarified that as the norms are fixed by ALC after issue of advance licenses on self-declaration with the description of export product as applied by the firm and also often export are made prior to fixation of norms by the ALC, exporters face difficulty in closure of their cases as some times export product descriptions are modified by ALC to ensure accountability of imported inputs in export product. Taking into consideration the above said ALC Circular No.3 (RE- March, 2001) dated 05.09.2001; Committee felt that in this case, the GSM condition need not be insisted upon applicant firm. It was therefore decided to advise R.A to issue EODC accordingly in this case.

PRO version

Case No.2 M/s Ke-technical, Kolkata F.No. 01/84/50/11/AM10/DES-V Fixation of input output norms against Advance Authorization No. 0210125506 dated 09.04.2009 – under Para 4.7 of HBP (Vol.I) 2004-2009. Decision: The Committee considered the case as per agenda and alongwith other relevant papers and perused applicant firm’s letter dated 21.04.2009 as well as written comments of Textile Commissioner, Mumbai conveyed vide their letter dated 29.08.2007. In this connection, it is clarified that comments of TC, Mumbai office are only recommendatory in nature and Committee takes final view in consultation with all the representatives of various Ministries/Departments including technical members in spite of recommendation of 10% wastage by TC, Mumbai in similar case of the applicant firm, the then ALC decided 8% wastage, which the Committee felt as adequate. In view of this Committee decided to maintain the earlier decision of NC of allowing 8% wastage. Convener, NC to reply TC, Mumbai with copy of applicant firm. Firm may be informed accordingly.

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