DGFT Committee Minutes

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Minutes of NC-V Meeting held on 08.04.2010

The Meeting No. 02/AM-11 for the licensing year 2010-11 to consider the cases under Duty Exemption Schemes (Chapter-4) held on 08.04.2010 in Room No. 213 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. R.A.Lal, Director R.O, TC, Noida 2. Sh. Ashok Kumar Arora, Dy.DGFT DGFT 3. Sh. J.D.Giri, Nominee, AEPC AEPC 4. Sh. Kuldeep Singh, Asstt. Director MSME 5. Sh. Pradip Kumar, F.T.D.O DGFT

(TEXTILES AND LEATHER ITEMS)

Agenda for individual cases for Meeting No. 02/AM11 was taken up for discussion and the decision taken in respect of each case is enumerated below: -

PRO version

MEETING NUMBER : 2/84-ALC3/2010 MEETING DATE : 08.04.2010

Online agenda cases

1

Case No.:3/36/84-ALC3/2009

Party Name:MACCAFERRI ENVIRONMENTAL SOLUTIONS PVT. LTD. Meet No/Date:2/84-ALC3/2010 08.04.2010 Status: Deferred HQ File :01/84/050/00176/AM10/ RLA File :31/24/040/00165/AM10/ Lic.No/Date:3110040756 24.11.2009 Defer Date: 20.05.2010 Decision: The Committee considered the case as per agenda alongwith other relevant papers and observed that in one similar case of applicant firm NC has decided to visit the unit of firm to know the manufacturing process. It was therefore, decided to defer this case and re-list on submission of report by NC team. The case stands deferred for re-listing on 20.05.2010.

PRO version 2

Case No.:5/46/84-ALC3/2009

Party Name:MACCAFERRI ENVIRONMENTAL SOLUTIONS PVT. LTD. Meet No/Date:2/84-ALC3/2010 08.04.2010 Status: Deferred HQ File :01/84/050/00256/AM10/ RLA File :31/24/040/00224/AM10/ Lic.No/Date:3110041785 02.02.2010 Defer Date: 20.04.2010 Decision: The Committee considered the case as per agenda alongwith other relevant papers and observed that in one similar case of applicant firm NC has decided to visit the unit of firm to know the manufacturing process. It was therefore, decided to defer this case and re-list on submission of report by NC team. The case stands deferred for re-listing on 20.05.2010.

3

Case No.:1/2/84-ALC3/2010

Party Name:MACCAFERRI ENVIRONMENTAL SOLUTIONS PVT. LTD. Meet No/Date:2/84-ALC3/2010 08.04.2010 Status: Deferred HQ File :01/84/050/00298/AM10/ RLA File :31/24/040/00252/AM10/ Lic.No/Date:3110042611 26.03.2010 Defer Date: 20.05.2010 Decision: The Committee considered the case as per agenda alongwith other relevant papers and observed that in one similar case of applicant firm NC has decided to visit the unit of firm to know the manufacturing process. It was therefore, decided to defer this case and re-list on submission of report by NC team. The case stands deferred for re-listing on 20.05.2010.

Case No.:3/2/84-ALC3/2010

Party Name:SADHANA FASHIONS Meet No/Date:2/84-ALC3/2010 Status:

PRO version 4

Case No.:3/ /8

C3/ 0 0 a ty Na e:S N S ONS eet No/ ate: /8 C3/ 0 0 08.04.2010 Status: Deferred HQ File :01/84/050/00300/AM10/ RLA File :33/24/040/00015/AM10/ Lic.No/Date:3310015181 26.03.2010 Defer Date:06.05.2010 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 06.05.2010.

5

Case No.:2/2/84-ALC3/2010

Party Name:ARVIND LIMITED Meet No/Date:2/84-ALC3/2010 08.04.2010 Status: Deferred HQ File :01/84/050/00299/AM10/ RLA File :08/24/040/00355/AM10/ Lic.No/Date:0810087752 29.03.2010 Defer Date:06.05.2010 Decision: The Committee considered the case as per agenda alongwith other relevant papers and observed that export item is cotton dyed denim cloth whereas import item asked for is polyester filament (fibre or yarn not specifically mentioned). Further, blend ratio of polyester and cotton not mentioned on the export side. In absence of the above, it is not possible to compute the quantitative requirement of inputs in this case. Applicant firm may be advised to submit the above details to reconsider the case. Hence deferred for re-listing on 06.05.2010.

6

Case No.:4/2/84-ALC3/2010

Party Name:MERIDIAN APPARELS LIMITED, Meet No/Date:2/84-ALC3/2010 08.04.2010 Status: Deferred HQ File :01/84/050/00301/AM10/ RLA File :04/24/040/00335/AM10/ Lic.No/Date:0410112771 30.03.2010 Defer Date:06.05.2010 Decision: The Committee considered the case as per agenda alongwith other relevant papers and observed

PRO version that copy of application has not been received in this case. It was decided to defer the case for re-listing on 06.05.2010.

7

Case No.:5/2/84-ALC3/2010

Party Name:JAGRIT POLYMERS PVT LTD Meet No/Date:2/84-ALC3/2010 08.04.2010 Status: Deferred HQ File :01/84/050/00302/AM10/ RLA File :35/24/040/00043/AM10/ Lic.No/Date:3510029672 31.03.2010 Defer Date:06.05.2010 Decision: The Committee considered the case as per agenda alongwith other relevant papers and observed that export item is Dipped polyester yarn containing net content of polyester filament yarn – 47,000 Kgs with export Qty. - 50000 Kgs. Applicant firm has not mentioned how much Qty. of additives is dipped in the polyester filament yarn, in absence of which accountability is impossible in this case. Applicant firm may be advised to submit the above details to reconsider the case. Hence deferred for re-listing on 06.05.2010.

Manually generated agenda cases

Case No. 9 M/s Poineer Calicos Product Pvt. Ltd., Pune NC02/11 dt. 08.04.2010 F.NO.1/85/50/195/AM10 -DES-V Ratification of input output norms in respect of Advance Authorization No. 3110041309 dt. 01.02.2010.

PRO version Decision: The Committee considered the case as per agenda alongwith other relevant papers and observed that this case has been referred by DES-VI Section. Export item is one whereas import items are three and applicant firm has not given justification for the use of each import items in the export product alongwith their quantitative requirement. In absence of this it is not possible to fix the norms. Hence, Committee was constrained to reject the case.

                      RLA may take suitable consequential action accordingly.

Case No. 10 M/s Techno Flex Industries, Bangalore F.NO.1/84/50/239/AM10 -DES-V Ratification of input output norms in respect of Advance Authorization No. 0710069324 dt. 08.01.2010. Decision: The Committee considered the case as per agenda and observed that firm’s reply vide their letter dated 22.02.2010 has been received and is under examination of DIPP. It was therefore, decided to defer the case for re- ling in 06.04.2010.

Case No. 11 M/s L.N.Polyester, Hydrabad F.NO.1/84/162/585/AM10 -DES-V Request for amendment of nomenclature of import item in respect of Advance Authorization No. 0910034203 dt. 06.06.2008. Decision: The Committee considered the case as per agenda and observed that in this case firm have obtained the advance authorization in question for import of Partially Oriented Yarn under SION, J-33. Accordingly, they have

PRO version imported 20475 Kgs of Nylon Partially Oriented Yarn. Unfortunately, the overseas seller have mentioned the description of import item as Nylon Pre-Oriented Yarn instead of Nylon Partially Oriented Yarn in this case. The Customs authorities while allowing the goods earlier objected this owing to erroneous nomenclature of import item. The Committee felt that POY stands for both i.e Partially Oriented Yarn as well as Pre Oriented Yarn and historically both are two nomenclature of same yarn having same properties. Therefore, Committee after deliberations in consultation with representatives of technical authorities present in the meeting decided to allow the amendment in the description of import item to read as ‘Nylon Partially Oriented Yarn’ instead of ‘Nylon Pre-Oriented Yarn’ in this case. R.A may decide this case with amended description of import item and Qty. as per SION, J-33. The R.A shall be advised to take necessary action subject to compliance of other usual conditions.

Case No. 12 M/s Alok Industries Ltd., Mumbai F.NO.1/84/50/103/AM10 -DES-V Ratification of input output norms in respect of Advance Authorization No. 0310535945 dt. 31.08.2009. Decision: The Committee considered the case as per agenda and heared Sh. Dharmendra Kumar Singh, an authorized representative of firm, who appeared for personal hearing before NC. During NC meeting representative of the firm was unable to give appropriate reply to the members of NC, as he was not technically conversant person. Therefore, the purpose of granting personal hearing was not satisfied to justify the higher wastage asked for by the applicant firm in this case. Accordingly, representative of the applicant firm was advised to seek another and last date of personal hearing alongwith relevant details and technical person to explain the case. The case may be re- opened on receipt of such request from firm.

PRO version

Case No. 13 M/s Modelma Exports Ltd., Gurgoan F.NO.1/84/162/600/AM10 -DES-V Fixation of input output norms in respect of Annual Advance Authorization No. 0510251378 dt. 26.10.2009. 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 Annual Advance authorization issued in this case as per written comments of DC (MSME) conveyed vide their U.O No. 37(5)/01/2010-11/Hosy. dated 07.04.2010 as detailed below: - Export item Import item Quantity allowed Ladies Jacket made of 100% Cotton Twill Woven fabric of relevant GSM. (Style No.620869) 100% Cotton Twill Woven fabric of relevant GSM. 2.45 Sq mtrs/Pc The GSM should match in both import and export. The R.A. shall be advised to take necessary action subject to compliance of other usual conditions.

PRO version

Case No. 14 M/s Pioneer Calicos Product Pvt. Ltd., Pune F.NO.1/84/162/282/AM10 -DES-V Ratification of input output norms in respect of Advance Authorization No. 0310038965 dt. 23.06.2009. 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 as per written comments of DC (MSME) conveyed vide their U.O No. 37(5)/73/2009-10/Hosy. dated 07.04.2010 as detailed below: - S. No Export item Export Qty. Import item Quantity allowed Net content of import to be accontd for in the export product 1 Pillow covers with or without zipper made from 100% polyester fabric micro plush dyed, GSM-260.
Size-wise breakup i) Nursing Pillow cover type 510s, size 42x158 cms- 6500 Pcs. 7200 Pcs 100% polyester fabric micro plush dyed, GSM-260. 9812 Sq mtrs 8674 Sq mtrs.

PRO version ii) Neck pillow inlet/cover 570, size 63x40cms – 100 Pcs. iii) Nursing Pillow cover type 510s, size 75x60 cms. – 600 Pcs. 2 Pillow covers made from 10% spandex, 90% nylon fabric, GSM-280 and 80% polyester, 20% polyamide, GSM-280. (The front is made of 80% polyester, 20% polyamide fabric and back is made of 10% spandex, 90% nylon fabric, GSM-280). Size-wise breakup i) Moon pillow inlet/cover, size 79x38 cms- 45000 Pcs. ii) Nursing pillow cover type 510s, size 42x158cms – 500 Pcs. iii) Pillow inlet/cover ,size 75x40 cms. – 300 Pcs. iv) Neck pillow inlet/cover type 570,size-63x21 cms – 1000 Pcs. v)Pillow inlet/cover size 41x40cms- 150 Pcs. 46950 Pcs 10% spandex 90% nylon fabric, GSM- 280. 15311 Sq mtrs 13702.70 Sq mtrs. 80% polyester 20% polyamide, GSM-280 15311 Sq mtrs. 13702.70 Sq mtrs. 3 Filled Pillow made from 10% spandex, 90% nylon fabric, GSM-280 and 80% polyester, 20% polyamide, GSM-280. (The front is made of 80% polyester, 20% polyamide fabric and back is made of 10% spandex, 90% nylon fabric, GSM-280).
Size-wise breakup i) Neck pillow inlet (small), size- 53x21 cms- 9000 Pcs. ii) Roll pillow inlet/cover (cylindrical shape), size 23x32cms – 1000 Pcs. 10000 Pcs 10% spandex 90% nylon fabric, GSM- 280. 1690 Sq mtrs 1380 Sq mtrs. 80% polyester 20% polyamide, GSM-280 1545 Sq mtrs. 1253 Sq mtrs. The GSM should match in both import and export. The R.A. shall be advised to take necessary action subject to compliance of other usual conditions.

PRO version

Case No. 15 M/s Chelsea Mills, New Delhi F.NO.1/84/50/129/AM10 -DES-V Refixation of input output norms in respect of Advance Authorization No. 0510247595 dt. 12.08.2009. Decision: The Committee considered the case as per agenda alongwith other relevant papers and observed that this case was cleared by NC in its meeting held on 29.10.2009 as per written comments of DC (MSME) vide their U.O dated 29.10.2009. But, there was some typographical error in respect of description of import item No. 13 against the export item No. 3. In other words, in the description of import item No. 13 - 100% cotton denim fabric, GSM-300+/-10% was mistakenly mentioned instead of 100% cotton denim fabric, GSM-370+/-10% Accordingly, Committee decided to rectify the earlier decision of NC as detailed below: - S.No Export item No. Import item No. Description in earlier allowed Description allowed now 1 3 13 100% cotton denim fabric, GSM-300+/- 10% 100% cotton denim fabric, GSM-370+/-10% The R.A shall be advised to take necessary action subject to compliance of other usual conditions.

Case No. 16 M/s Chelsea Mills, New Delhi F.NO.1/84/50/57/AM10 -DES-V Refixation of input output norms in respect of Advance Authorization No. 0510244698 dt. 29.06.2009. Decision: The Committee considered the case as per agenda alongwith other relevant papers and observed that this case was cleared by NC in its meeting held on 03.09.2009 and subsequently on 19.11.2009. Now, firm have informed that norms in respect of import item No. 12 against export item No. 2 i.e Pumice Stone have not been fixed

PRO version so far in this case. In view of this, Committee after deliberations in consultation with representatives of technical authorities present in the meeting decided to fix the norms in respect of Pumice Stone as detailed below: - S.No Export item No. Import item No. Description in earlier allowed Qty. allowed 1 2 12 Pumice Stone 300 gms./Kg content of cotton denim fabric in the export item. The R.A shall be advised to take necessary action subject to compliance of other usual conditions.

Case No. 17 M/s Prateek Apparels Pvt. Ltd., Bangalore F.NO.1/84/162/578/AM10 -DES-V Refixation of input output norms in respect of Advance Authorization No. 0710049072 dt. 20.12.2006. Decision: The Committee considered the case as per agenda alongwith other relevant papers and decided to call for a detailed report from concerned Regional Authority giving the complete background of this advance authorization alongwith current status of this case to take a final view in the matter. Accordingly, case stands deferred for re-listing on 06.05.2010.

Case No. 18 M/s Lastolite Imaging Solution Pvt. Ltd, Kanchipuram F.NO.1/84/50/258/AM10 -DES-V Refixation of input output norms in respect of Advance Authorization No. 0410104218 dt. 24.04.2009. Decision: The Committee considered the case as per agenda and heard Sh. M.Krishnamurthy, an authorized representative of firm, who appeared for personal hearing before NC. He explained the case alongwith samples of different sizes, but the wastage asked for various sizes of the end product was unreasonable on higher side. In view

PRO version of this Committee advised the representative of firm to submit CAD/Laymarker in respect of each size of export item alongwith justification for giving stage –wise wastage for each size separately to re-consider this case for taking final view in the matter. It was therefore, decided to defer the case for re-listing the case on 06.05.2010.

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