DGFT Committee Minutes

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Minutes of NC-V Meeting held on 29.04.2010

The Meeting No. 05/AM-11 for the licensing year 2010-11 to consider the cases under Duty Exemption Schemes (Chapter-4) held on 29.04.2010 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. Shaish Kumar, Industrial Advisor DIPP 2. Sh. Ashok Kumar Arora, Dy.DGFT DGFT 3. Sh. Kuldeep Singh, Asstt. Director MSME 4. Sh. Pradip Kumar, F.T.D.O DGFT

(TEXTILES AND LEATHER ITEMS)

At the outset the Minutes of NC Meeting No. 01/AM11 held on 01.04.2010 and NC Meeting No. 02/AM11 held on 08.04.2010 were ratified. Thereafter, Agenda for individual cases for Meeting No. 05/AM11 was taken up for discussion and the decision taken in respect of each case is enumerated below: -

MEETING NUMBER : 5/84-ALC3/2010 MEETING DATE : 29.04.2010

Online agenda cases

PRO version 1

Case No.:2/49/84-ALC3/2009

Party Name:SB J-VON COMPOUNDERS PVT.LTD., Meet No/Date:5/84-ALC3/2010 29.04.2010 Status: Rejected HQ File :01/84/050/00271/AM10/ RLA File :08/24/040/00324/AM10/ Lic.No/Date:0810086680 19.02.2010

Decision: The Committee considered the case as per agenda alongwith other relevant papers and observed that applicant firm have failed to submit their reply to DGFT letter dated 22.03.2010. In absence of this, it is not possible to fix the norms. Hence, the Committee was constrained to reject the case.

                      RLA may take suitable consequential action accordingly.

2

Case No.:3/49/84-ALC3/2009

Party Name:LOYAL TEXTILE MILLS LTD 29.04.2010 Status: Deferred HQ File :01/84/050/00272/AM10/ RLA File :35/24/040/00038/AM10/ Lic.No/Date:3510029268 24.02.2010 Defer Date: 13.05.2010 Decision: The Committee considered the case as per agenda alongwith other relevant papers and decided to defer the case for re-listing on 13.05.2010.

Case No.:4/49/84-ALC3/2009

Party Name:BOMBAYRAYON FASHIONS Meet No/Date:5/84-ALC3/2010 Status:

PRO version 3 Case No.: / 9/8 C3/ 009 a ty Na e: O ON S ONS LIMITED eet No/ ate:5/8 C3/ 0 0 29.04.2010 Status: Deferred HQ File :01/84/050/00273/AM10/ RLA File :03/94/040/01027/AM10/ Lic.No/Date:0310561832 24.02.2010 Defer Date: 27.05.2010 Decision: The Committee considered the case as per agenda alongwith other relevant papers and observed that case is under examination of DC (MSME), who have sought some information/documents vide their letter dated 26.04.2010. It was decided to defer the case for re-listing on 27.05.2010.

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

Party Name:SKY INDUSTRIES LIMITED 29.04.2010 Status: Approved HQ File :01/84/050/00294/AM10/ RLA File :03/95/040/00746/AM10/ Lic.No/Date:0310565484 19.03.2010

Decision: The Committee considered the case as per agenda and in consultation with the representatives of

PRO version 4 technical authorities present in the meeting decided to ratify the Advance Authorization issued in this case on repeat basis as detailed below: - S. No Export item Import item Qty. allowed 1 Narrow woven fabrics viz., hook tape size 8 MM to 125 MM assorted colours. 1) Multifilament yarn upto 350 DN 2) Nylon Mono filament yarn upto 0.25 MM 3) Flaps of duplex board

4. Prepared adhesive
5. Ethyl acetate

6.  Allowed with 2%
   

wastage. 2) Allowed with 2% wastage. 3) Allowed as per Packing Policy. 4) & (5) may not be allowed as firm have not given the technical literature of the Chemical & Ethyl Acetate. 2 Narrow woven fabrics viz., hook tape size 8 MM to 125 MM assorted colours. 1) Multifilament yarn upto 350 DN 2) Flaps of duplex board

3. Prepared adhesive
4. Ethyl acetate

Allowed with 2% wastage. 2) Allowed as per Packing Policy. 3) & (4) may not be allowed as firm have not given the technical literature of the Chemical & Ethyl Acetate. R.A may be advised not to permit these items of import in any A/A under Para 4.7 of HBP, henceforth. The R.A. shall be advised to take necessary action subject to compliance of other usual conditions.

PRO version 5

Case No.:4/1/84-ALC3/2010

Party Name:MACCAFERRI ENVIRONMENTAL SOLUTIONS PVT. LTD. 29.04.2010 Status: Deferred HQ File :01/84/050/00296/AM10/ RLA File :31/24/040/00243/AM10/ Lic.No/Date:3110042496 24.03.2010 Defer Date: 27.05.2010 that NC team has visited the unit of firm and report is under preparation. Hence decided to defer the case for re-listing on 27.05.2010.

6

Case No.:1/5/84-ALC3/2010

Party Name:SHAHI EXPORTS PVT. LTD. 29.04.2010 Status: Deferred HQ File :01/84/050/00019/AM11/ RLA File :05/24/040/00002/AM11/ Lic.No/Date:0510262362 13.04.2010 Defer Date: 27.05.2010 that copy of application has not been received in this case. It was decided to defer the case for re-listing on 27.05.2010.

7

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

Party Name:ORIENT FASHION EXPORTS(INDIA) PVT.LTD. 29.04.2010 Status: Deferred HQ File :01/84/050/00023/AM11/ RLA File :05/24/040/00010/AM11/ Lic.No/Date:0510262435 15.04.2010 Defer Date: 27.05.2010 that copy of application has not been received in this case. It was decided to defer the case for re-listing on 27.05.2010.

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

Party Name:IMPERIAL READYMADE Status: Deferred

PRO version 8 Case No.: /5/8 C3/ 0 0 a ty Na e: GARMENTS FACTORY INDIA PVT LTD eet No/ ate:5/8 C3/ 0 0 29.04.2010 Status: e e ed HQ File :01/84/050/00020/AM11/ RLA File :04/24/040/00006/AM11/ Lic.No/Date:0410113151 16.04.2010 Defer Date: 27.05.2010 that copy of application has not been received in this case. It was decided to defer the case for re-listing on 27.05.2010.

9

Case No.:6/5/84-ALC3/2010

Party Name:RICHA & CO 29.04.2010 Status: Deferred HQ File :01/84/050/00024/AM11/ RLA File :05/24/040/00011/AM11/ Lic.No/Date:0510262482 16.04.2010 Defer Date: 27.05.2010 that copy of application has not been received in this case. It was decided to defer the case for re-listing on 27.05.2010.

10

Case No.:7/5/84-ALC3/2010

Party Name:RICHA & CO 29.04.2010 Status: Deferred HQ File :01/84/050/00025/AM11/ RLA File :05/24/040/00012/AM11/ Lic.No/Date:0510262485 16.04.2010 Defer Date: 27.05.2010 that copy of application has not been received in this case. It was decided to defer the case for re-listing on 27.05.2010.

PRO version 11

Case No.:3/5/84-ALC3/2010

Party Name:VRIJESH CORPORATION 29.04.2010 Status: Approved HQ File :01/84/050/00021/AM11/ RLA File :03/95/040/00023/AM11/ Lic.No/Date:0310569987 19.04.2010

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 5% wastage on the item of import as detailed below: - Export item Export Qty. Import item Quantity allowed Flax/cotton fabrics, Flax yarn-7850 Kgs. 10500 Kgs Flax yarn 8243 Kgs Flax/cotton fabrics, Flax yarn-3050 Kgs. 4200 Kgs Flax yarn 3203 Kgs 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.

12

Case No.:4/5/84-ALC3/2010

Party Name:WELSPUN SYNTEX LTD. 29.04.2010 Status: Deferred HQ File :01/84/050/00022/AM11/ RLA File :03/95/040/00720/AM10/ Lic.No/Date:0310570123 19.04.2010 Defer Date: 27.05.2010 Decision: The Committee considered the case as per agenda alongwith other relevant papers and decided to link the similar case file of the applicant firm wherein norms have been fixed. It was therefore decided to defer the case for re-listing on 27.05.2010.

PRO version

13

Case No.:8/5/84-ALC3/2010

Party Name:BOMBAY RAYON FASHIONS LIMITED 29.04.2010 Status: Deferred HQ File :01/84/050/00026/AM11/ RLA File :03/94/040/00058/AM11/ Lic.No/Date:0310570525 21.04.2010 Defer Date: 27.05.2010 that copy of application has not been received in this case. It was decided to defer the case for re-listing on 27.05.2010.

Manually generated agenda cases

Case No. 39 M/s S. Khoday Silk Twisting Factory, Bangalore NC05/11 dt. 29.04.2010 F.NO.1/84/162/16/AM11 -DES-V Amendment against Advance Authorization No. 0710040425 dt. 23.09.2005. Decision: The Committee considered the case as per agenda and in consultation with the representatives of technical authorities present in the meeting decided to call the applicant firm for personal hearing alongwith sample and complete supporting documents and technical person to explain the case before NC meeting to be held on 13.05.2010 wherein firm have been called for P.H in some other case. The case stands deferred for re-listing on 13.05.2010.

PRO version

Case No. 40 M/s S. Khoday Silk Twisting Factory, Bangalore F.NO.1/84/162/21/AM11 -DES-V Amendment against Advance Authorization No. 0710039802 dt. 24.08.2005. Decision: The Committee considered the case as per agenda and in consultation with the representatives of technical authorities present in the meeting decided to call the applicant firm for personal hearing alongwith sample and complete supporting documents and technical person to explain the case before NC meeting to be held on 13.05.2010 wherein firm have been called for P.H in some other case. The case stands deferred for re-listing on 13.05.2010.

Case No. 41 M/s S. Khoday Silk Twisting Factory, Bangalore F.NO.1/84/162/17/AM11 -DES-V Amendment against Advance Authorization No. 0710054892 dt. 11.12.2007. Decision: The Committee considered the case as per agenda and in consultation with the representatives of technical authorities present in the meeting decided to call the applicant firm for personal hearing alongwith sample and complete supporting documents and technical person to explain the case before NC meeting to be held on 13.05.2010 wherein firm have been called for P.H in some other case. The case stands deferred for re-listing on 13.05.2010.

Case No. 42 M/s Sky Industries Ltd., Mumbai F.NO.1/84/162/424/AM07 -DES-V Re-fixation of input output norms in respect of Advance Authorization No.

PRO version 0310385209 dt. 19.06.2006. Decision: The Committee considered the case as per agenda and observed that firm have been advised to submit information/documents called for vide DGFT letter 19.04.2010, which is still awaited. It was therefore decided to defer the case for re-listing on 13.05.2010.

Case No. 43 M/s Shahi Exports Pvt. Ltd., Bangalore F.NO.1/84/162/124/AM08 -DES-V Re-fixation of input output norms in respect of Advance Authorization No. 0710051178 dt. 10.04.2007. Decision: The Committee considered the case as per agenda and observed that this case was earlier decided by NC as per written comments of DC (MSME) conveyed vide their U.O dated 11.06.2007. But, as regards export item Children Trousers made of 70% cotton, 30% nylon fabric, GSM-140 and 65% Polyester 35% cotton jersey fabric, GSM-180, firm have sought enhancement in the inputs. The details submitted by the firm have been examined by O/o DC (MSME) and re-vised written comments have been received from them vide their U.O dated 28.04.2010. The Committee accordingly decided to review this case as detailed below in partial modification of its earlier decision taken on 14.06.2007: - S. No Export item Import item Quantity allowed 1 Children’s trousers made of 70% cotton, 30% nylon fabric, GSM- 140 and 65% Polyester 35% cotton jersey fabric, GSM-180 70% cotton, 30% nylon fabric, GSM-140 0.74 Sq mtrs./Pc 65% Polyester 35% cotton jersey fabric, GSM-180 0.66 Sq mtrs./Pc Zippers of relevant length 1 No/Pcs 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. 44 M/s Orient Fashions Export (Indian) Pvt. Ltd. New Delhi F.NO.1/84/50/296/AM10 -DES-V Request for correction in the minutes of NC decision taken on 05.03.2009 (case No. 722 in respect of Advance Authorization No. 0510226758 dt. 03.09.2008. Decision: The Committee considered the case as per agenda and observed that this case was earlier decided by NC as applied by the firm in its meeting held on 05.03.2009. But, firm have represented that in the said minutes the HQ. File No. and advance authorization No. were incorrect. The Committee went through and observed that there was indeed some typographical error in the said minutes. Accordingly, it was decided to rectify the same as detailed below:- (i) The HQ File No. may be amended to read as 01/84/50/296/AM09/DES-V instead of 01/84/50/295/AM09/DES-V. (ii) The advance authorization No. may be amended to read as 0510226758 dated 03.09.2008 instead of 0510226754 dated 03.09.2008

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

Case No. 45 Reference from Jt.DGFT, Kolkata F.NO.1/84/162/187/AM10 -DES-V Policy relaxation of General Note No.14 of Textile Products of DFIA licenses issued to seven different firms. Decision: The Committee considered the case as per agenda alongwith other relevant papers and observed that

PRO version reply called for from AEPC is still awaited. It was therefore decided to remind them and defer the case for re-listing on 27.05.2010.

Case No. 46 M/s Kitex Garments Ltd., Kochi F.NO.1/84/50/217/AM07 -DES-V Re-fixation of input output norms in respect of Advance Authorization No. 1010024042 dt. 01.08.2006. Decision: The Committee considered the case as per agenda and observed that this case was earlier decided by NC as per written comments of DC (MSME) conveyed vide their U.O dated 29.11.2006. Subsequently, it was reviewed on 16.10.2008 & 28.01.2010, but, firm have represented that in the said minutes, there was some typographical error with regard to description of import item No.2 and input Qty. of Poppers in pieces. The Committee went through the relevant details and observed that there was indeed some typographical error in the said minutes. Accordingly, it was decided to rectify the same as detailed below: - Export item Import item Qty. recommended College Jacket made out of 100% Nylon Taffeta PU coated 210T fabric, GSM- 70+/-10%, 100% Nylon Taffeta 190T fabric, GSM-55+/- 10% and accessories. 100% Nylon Taffeta PU coated 210T fabric, GSM-70+/-10%. 7477.70 Kgs

100% Nylon Taffeta PU coated 190T fabric, GSM-55+/-10%. 2975 Kgs

Poppers 35000 Pcs (Net to net) Bellcaps 140000 Pcs (Net to net) Draw Cord 86450 Mtrs (Net to net) Zippers, length 66 cms 3,50,000 Pcs (Net to net)

PRO version The GSM should match in both import & export. The RLA shall be advised to take necessary action subject to compliance of other usual conditions.

Case No. 47 M/s CIL Textiles Pvt. Ltd., Indore F.NO.1/84/50/11/AM10 -DES-V Ratification of input output norms in respect of Advance Authorization No. 1110021244 dt. 09.11.2009. Decision: The Committee considered the case as per agenda and observed that applicant firm have not mentioned whether the import item No.1 i.e Paulownia wood is in plank form or in log or in other form. They have also not given the Coating weight of import item No.2 i.e Titanium Dioxide in the export item and justification for use of the same in the export item. Further, in respect of import item No. 3 i.e Staple Pin, the firm has not given the frame size and is not a packing material while the firm have sought the same as raw material. In view of this Committee after deliberations in consultation with the representatives of technical authorities present in the meeting decided to ratify the advance authorization issued in this case as detailed below: - (i) The items of import at S.No. 1, 2 & 3 may be disallowed, hence deleted from the list of import against the A/A in question. (ii) The item of import at S.No. 4 may be allowed as per relevant Packing Policy in existence. The RLA shall be advised to take necessary action subject to compliance of other usual conditions. Case No. 48 M/s Birdy Exports Pvt. Ltd., Bangalore F.NO.1/84/162/14/AM11 -DES-V Fixation of input output norms in respect of Annual Advance Authorization No. 0710070212 dt. 24.02.2010. Decision: The Committee considered the case as per agenda alongwith other relevant papers and observed that applicant firm have not mentioned style No. of the export item. Further, drawing submitted by firm is not legible and they have also not given calculation sheet & justification thereof, 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.

PRO version

Case No. 49 M/s A.S.Fashions Pvt. Ltd., Noida F.NO.1/84/50/192/AM10 -DES-V Fixation of input output norms in respect of Advance Authorization No. 051253929
dt. 04.12.2009. Decision: The Committee considered the case as per agenda alongwith other relevant papers and observed that applicant firm have not given the relevant details in support of quantitative requirement of inputs asked for. Hence, Director of the firm was called on phone to appear before the NC meeting to be held on 06.05.2010 alongwith complete relevant details and sample to explain the case. The case stands deferred for re-listing on 06.05.2010.

Case No. 50 M/s SRV KnitTech Pvt. Ltd., Bangalore F.NO.1/84/50/75/AM06 -DES-V Fixation of input output norms in respect of Advance Authorization No. 07010037527 dt. 29.04.2005. Decision: The Committee considered the case as per agenda alongwith other relevant papers and observed that NC has considered this case for the first time. The Committee went through the details available in the file and observed that as per Appendix-11A attached with the application, firm have sought the input Qty. for import item No. 1 @ 575 gms./Pc and for import item No. 2 @ 1035 grms./Pc with 35% wastage on both items. Accordingly, the net weight of import item No.1 including 10% wastage would work out @ 0.469 grms./Pc and total weight of input comes to 2720 Kgs taking into consideration the export Qty. as 5799 Pcs against export item No.1. Similarly, the net weight of import item No.2 including 10% wastage would work out @ 0.844 grms./Pc and total weight of input comes to 2824 Kgs taking into consideration the export Qty. as 3346 Pcs. against export item No.2.A, Committee decided to allow 2720 Kgs of import item No.1 and 2824 Kgs of import item No.2.

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

Case No. 51 M/s Star Wire (India) Ltd., New Delhi

PRO version F.NO.1/84/50/16/AM07 -DES-V Request for waiver of condition of confirmation of authentication of letter dated 18.03.2008 issued by Joint Contracting Command Iraq-Afghanistan Camp Eggers Afghanistan APOAE 09356 as per NC decision dated 24.04.2008 against Advance Authorization No. 0510181093 dt. 20.04.2006. Decision: The Committee considered the case as per agenda alongwith other relevant papers and observed that in this case adhoc norms were already fixed by NC with condition to produce No Objection Certificate (NOC) from D/o Defence Production & Supplies, Govt. of India. Subsequently, after personal hearing of the representative of applicant firm, NC in its meeting held on 24.04.2008 waived the condition to produce NOC from D/o Defence Production & Supplies, Govt. of India because of the fact that exports have already been effected prior to the communication of said NC decision. However, representative of the firm had informed that they could arrange the certificate dated 18th March 2008 from the Deptt. of Defence, USA Joint contracting Command –Iraq/Afghanistan, Camp Eggars confirming that the supplies received under reference are for exclusive usage of Afghan National Army. Accordingly, the NC had advised R.A to verify the genuineness of the above referred certificate dated 18.03.2008 in consultation with the High Commissioner/Embassy of Afghanistan. Now, firm have informed that in pursuance of NC decision, R.A had sent letter to High Commissioner/Embassy of Afghanistan but no response has been received from them resulting that redemption is pending in this case. In view of this Committee went through the details available in the file and perused the U.O letter No. J-II/103/3/06 dated 30th August, 2006 from Sh. Dilip Sinha, Joint Secretary (PAI), Ministry of External Affairs, Govt. of India addressed to DGFT in this case. Accordingly, Committee after detailed deliberations in consultation with the representatives of technical authorities present in the meeting decided to advise R.A to issue EODC taking into consideration the only relevant documents required for redemption as prescribed in Chapter – 4 of HBP (Vol.I) and waiving verification condition of certificate dated 18.03.2008 referred above issued by Camp Eggers in view of U.O letter dated 30th August, 2006 from Sh. Dilip Sinha, Joint Secretary (PAI), Ministry of External Affairs, Govt. of India addressed to DGFT referred above. A copy of the said U.O letter is also enclosed for ready reference. The RLA shall be advised to take necessary action subject to compliance of other usual conditions.

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