DGFT Committee Minutes

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Minutes of NC-V Meeting held on 02.12.2010

The Meeting No. 36/AM-11 for the licensing year 2010-11 to consider the cases under Duty Exemption Schemes (Chapter-4) held on 02.12.2010 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. R.A.Lal, Director R.O, TC, Noida 3. Sh. K.C.Meena, Dy. DGFT DGFT 4. Sh. Kuldeep Singh, Asstt. Director MSME 5. Sh. Pradip Kumar, F.T.D.O DGFT

(TEXTILES AND LEATHER ITEMS)

At the outset the Minutes of NC Meeting No. 35/AM11 held on 25.11.2010 Meeting were ratified. Thereafter agenda for individual cases for Meeting No. 36/AM11 dated 02.12.2010 was taken up for discussion and the decision taken in respect of each case is enumerated below: -

PRO version MEETING NUMBER : 36/84-ALC3/2010 MEETING DATE : 02.12.2010

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Case No.:2/28/84-ALC3/2010

Party Name:VIRAJ SYNTEX (P) LTD. Meet No/Date:36/84-ALC3/2010 02.12.2010 Status: Withdrawn HQ File :01/84/050/00180/AM11/ RLA File :06/24/040/00034/AM11/ Lic.No/Date:0610019204 29.09.2010

Decision: The Committee considered the case as per agenda alongwith other relevant papers and observed this case has already been considered on 25.11.2010 and decided. Hence, it was decided to withdraw this case from agenda.

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Case No.:8/32/84-ALC3/2010

Party Name:CLIOVENUS INC, 02.12.2010 Status: Approved HQ File :01/84/050/00223/AM11/ RLA File :07/24/040/00155/AM11/ Lic.No/Date:0710075154 29.10.2010

Decision: The Committee considered the case as per agenda and after deliberations in consultation with the representatives of technical authorities present in the meeting decided to ratify the adhoc norms by allowing 34% wastage on repeat basis. The R.A shall be advised to take necessary action subject to compliance of other usual conditions.

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Case No.:1/36/84-ALC3/2010

Party Name:RICHA & CO 02.12.2010 Status: Deferred HQ File :01/84/050/00242/AM11/ RLA File :05/24/040/00285/AM11/ Lic.No/Date:0510277361 19.11.2010 Defer Date: 30.12.2010 that copy of application has not been received. It was therefore decided to defer the case for re-listing on 30.12.2010.

PRO version 4

Case No.:2/36/84-ALC3/2010

Party Name:RICHA & CO 02.12.2010 Status: Approved HQ File :01/84/050/00243/AM11/ RLA File :05/24/040/00287/AM11/ Lic.No/Date:0510277366 19.11.2010

Decision: The Committee considered the case as per agenda alongwith other relevant papers and 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: - S.No Export Item Export Qty. Import item Qty. allowed 1 Ladies jacket with embroidery made of 98% cotton 2% spandex twill bleached woven fabric, GSM-240+/-10% Style No. 60221 10550 Pcs 98% cotton 2% spandex twill bleached woven fabric, GSM- 240+/-10% 23315.5 Sq mtrs. 2 Ladies Capri with embroidery made of 98% cotton 2% spandex twill bleached woven fabric, GSM-240+/-10% Style No. 50252 4100 Pcs 98% cotton 2% spandex twill bleached woven fabric, GSM- 240+/-10% 7872 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.

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Case No.:3/36/84-ALC3/2010

Party Name:GAURAV INTERNATIONAL 02.12.2010 Status: Deferred HQ File :01/84/050/00244/AM11/ RLA File :05/23/040/00207/AM11/ Lic.No/Date:0510277380 19.11.2010 Defer Date: 30.12.2010 that copy of application has not been received. It was therefore decided to defer the case for re-listing on

PRO version 30.12.2010.

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Case No.:4/36/84-ALC3/2010

Party Name:GAURAV INTERNATIONAL 02.12.2010 Status: Deferred HQ File :01/84/050/00245/AM11/ RLA File :05/23/040/00222/AM11/ Lic.No/Date:0510277382 19.11.2010 Defer Date: 30.12.2010 that copy of application has not been received. It was therefore decided to defer the case for re-listing on 30.12.2010.

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Case No.:5/36/84-ALC3/2010

Party Name:GAURAV INTERNATIONAL 02.12.2010 Status: Deferred HQ File :01/84/050/00246/AM11/ RLA File :05/23/040/00226/AM11/ Lic.No/Date:0510277384 19.11.2010 Defer Date: 30.12.2010 that copy of application has not been received. It was therefore decided to defer the case for re-listing on 30.12.2010.

PRO version

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Case No.:6/36/84-ALC3/2010

Party Name:ADIGEAR INTERNATIONAL 02.12.2010 Status: Deferred HQ File :01/84/050/00247/AM11/ RLA File :05/23/040/00228/AM11/ Lic.No/Date:0510277404 19.11.2010 Defer Date: 30.12.2010 that copy of application has not been received. Further, as firm have not mentioned style no. and rectify the spelling of export item from ‘New Born Solid Dress with Diper to ‘New Born Solid Dress with Diaper’, it was decided to advise R.A to call for the style no. from firm and imposed the same on export side in this case. Therefore decided to defer the case for re-listing on 30.12.2010.

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Case No.:7/36/84-ALC3/2010

Party Name:SHAHI EXPORTS PVT. LTD. 02.12.2010 Status: Deferred HQ File :01/84/050/00248/AM11/ RLA File :05/24/040/00283/AM11/ Lic.No/Date:0510277418 22.11.2010 Defer Date: 30.12.2010 that copy of application has not been received. It was therefore decided to defer the case for re-listing on 30.12.2010.

PRO version

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Case No.:8/36/84-ALC3/2010

Party Name:GAURAV INTERNATIONAL Meet No/Date: 36/84-ALC3/2010 02.12.2010 Status: Approved HQ File :01/84/050/00249/AM11/ RLA File :05/23/040/00224/AM11/ Lic.No/Date:0510277456 22.11.2010

Decision: The Committee considered the case as per agenda and after deliberations in consultation with the representatives of technical authorities present in the meeting decided to ratify the adhoc norms by allowing item of import for both the export item @ 2.45 Sq mtrs/Pc taking cue from SION, J-290. The R.A shall be advised to take necessary action subject to compliance of other usual conditions.

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Case No.:9/36/84-ALC3/2010

Party Name:IMPERIAL READYMADE GARMENTS FACTORY INDIA PVT LTD 02.12.2010 Status: Deferred HQ File :01/84/050/00250/AM11/ RLA File :04/24/040/00221/AM11/ Lic.No/Date:0410119115 23.11.2010 Defer Date: 30.12.2010 that copy of application has not been received. Further, as firm have not mentioned style no. on the export side, it was decided to advise R.A to call for the style no. from firm and imposed the same on export side in this case. Therefore decided to defer the case for re-listing on 30.12.2010.

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Case No.:10/36/84-ALC3/2010

Party Name:SHAHI EXPORTS PVT. LTD. 02.12.2010 Status: Deferred HQ File :01/84/050/00251/AM11/ RLA File :07/24/040/00323/AM11/ Lic.No/Date:0710075605 24.11.2010 Defer Date: 30.12.2010 that copy of application has not been received. It was therefore decided to defer the case for re-listing on

PRO version 30.12.2010.

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Case No.:11/36/84-ALC3/2010

Party Name:PRECISE SEAMLESS APPARELS PVT LTD 02.12.2010 Status: Approved HQ File :01/84/050/00252/AM11/ RLA File :05/24/040/00293/AM11/ Lic.No/Date:0510277768 24.11.2010

Decision: The Committee considered the case as per agenda alongwith other relevant papers and after deliberations in consultation with representatives of technical authorities present in the meeting decided to ratify the advance authorization issued in this case on the basis of report of NC team, who had visited the unit of the firm as detailed below: - Export item Export Qty. Import item Qty. allowed per piece of export item Sports Bra made out of Nylon/ spandex yarn 187450 Pcs.

Nylon Yarn 66, 33/34/2 & 78/68/1S & Z twist 0.086 kgs. Nylon Yarn 66, 44/34/2 0.0069 kgs. CR Nylon Yarn 66, 22/22/14/Z Twist 0.016 kgs. CR Nylon Yarn 66, 22/22/14/S Twist 0.016 kgs. Metal Adjusters 6.06 pieces Brushed Elastic (width 15mm) 0.50 mtrs. Folded Elastic (width 16mm) 2.54 mtrs. The R.A. shall be advised to take necessary action subject to compliance of other usual conditions.

Manual agenda cases

Case No.353

M/s Universal Weavers Pvt. Ltd., Faridabad

PRO version NC No.36/AM11 F.No.01/84/50/223/AM07/DES-V Dated 02.12.2010 Fixation of input output norms in respect of Advance Authorization No.0510188196 dated 03.08.2006. Decision: The Committee considered the case as per agenda alongwith other relevant papers and went through the details submitted by the applicant firm. It was observed that against this Advance Authorization, firm have actually imported – 17866 Kgs (vide B/E No. 548007 dated 06.11.2006). Firm have exported total 11880 Pcs of Helmets in this case. The Committee after deliberations in consultation with representatives of technical authorities present in the meeting felt that the quantitative requirement for one piece of Helmet @ 1.46 Kg as asked by the firm is justified. It was therefore decided to ratify the advance authorization issued in this case by allowing the item of import @ 1.46 Kg/Pc of Helmet. The R.A. shall be advised to take necessary action subject to compliance of other usual conditions.

Case No.354

Reference from Ministry of Finance, Deptt. of Revenue (Drawback Division). NC No.36/AM11 F.No.01/84/162/695/AM09/DES-V Dated 02.12.2010 Regarding import of yarned dyed cotton fabric/cotton fabric of different yarns (SION, J-325) under the item list of relevant cotton processed fabric under DFIA/DFRC scheme against export of cotton printed fabric. Decision: The Committee considered the case as per agenda alongwith other relevant papers and observed that O/o Commissioner of Customs, Mumbai have pointed out that the import of ‘cotton fabric’ as input under DFIA shceme against export item ‘cotton printed fabric’ under SION, J-325 and made a proposal against import item ‘processed cotton fabric’ only grey cotton fabric should be allowed under SION, J-325. The Committee also observed that the description of export and import item under SION, J-325 as under: - Export Item Import item Cotton Printed Fabrics Relevant Cotton processed fabrics The Committee felt that normally dyed/scoured/bleached/coated fabrics are treated as functionally finished

PRO version fabric and functionally finished fabric would be part & parcel of processed fabric made of cotton. Further, technical characteristics in terms of GSM of imported fabric should match with the quality characteristic of export item in terms of General Note No. 15 of textile product. In view of the above, Committee after deliberations in consultation with representatives of technical authorities present in the meeting did not agree to the proposal of DOR (Drawback) made therein. Policy Division as well as DOR may be informed accordingly.

Case No.355

M/s Concord Creations India Pvt. Ltd., Bangalore NC No.36/AM11 F.No.01/84/50/152/AM11/DES-V Dated 02.12.2010 Fixation of input output norms in respect of Advance Authorization No.0710073852 dated 27.08.2010. Decision: The Committee considered the case as per agenda alongwith other relevant papers and went through the details viz., CAD, Drawing, size-wise specification and style no. (BWB09) etc. submitted by the applicant firm. Based on these details and Committee after deliberations in consultation with representatives of technical authorities present in the meeting decided to ratify the advance authorization issued in this case by allowing the item of import @ 1.80 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. They may also monitor the style No. mentioned above on the export side.

Case No.356

M/s Kanak Exim, Chennai NC No.36/AM11 F.No.01/84/162/372/AM11/DES-V Dated 02.12.2010 Clarification regarding import of sodium formaldehyde sulfoxylate as reducing agent under DFIA issued against, SION, G-7 of leather exports. Decision: The Committee considered the case as per agenda alongwith other relevant papers and went through the

PRO version details submitted. The Committee also observed that the description of import item at S.No. 12 (a) under SION, G-7 (export item - Finished Leather from Hide of Cow / Buffalo) is as under: -

‘For Full Chrome Tanned Leather (i) Chrome Tanning Agent/Relevant Reducing Agent/Masking Agent.’

The Committee after deliberations in consultation with representatives of technical authorities present in the meeting felt that Sodium Formaldehyde Sulfoxylate is used as Reducing Agents in the finished leather and are clearly covered in import item S.No. 12(a)(i) under SION, G-7. It was therefore decided that above clarification (sought by the firm) may be sent to the applicant and to Customs.

Case No.357

M/s Aditya Birla Nuvo Ltd., Kolkata NC No.36/AM11 F.No.01/84/50/156/AM10/DES-V Dated 02.12.2010 Fixation of input output norms in respect of Advance Authorization No.0210133432 dated 06.11.2009. Decision: The Committee considered the case as per agenda alongwith other relevant papers and heard Sh. Shiv Shankar Gupta, Dy.GM (Finance), who appeared for personal hearing alongwith relevant details and sample pertaining to this case. Further, Committee also perused the written comments of DC (MSME) conveyed vide their letter dated 01.12.2010. The Committee after detailed deliberations in consultation with representatives of technical authorities present in the meeting decided to ratify the advance authorization issued in this as per written comments of DC (MSME) conveyed vide their letter dated 01.12.2010 as detailed below:- Export item Export Qty. Import item Qty. allowed

PRO version Flax/Linen dyed woven fabrics (100% linen woven dyed fabric, width-58”) Qty. as per GSM in linear meters. 120+/-10% = 5532 Mtrs. 145+/-10% = 40000 Mtrs. 175+/-10% = 50000 Mtrs. 210+/-10% = 4468 Mtrs. 100000 Mtrs. Flax/Linen woven grey fabrics, width-63”) Qty. as per GSM in linear meters. 120+/-10% = 5809 Mtrs. 145+/-10% = 42000 Mtrs. 175+/-10% = 52500 Mtrs. 210+/-10% = 4691 Mtrs. 105000 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.

Case No.358

M/s Pashupati Polytex Pvt. Ltd., Kashipur NC No.36/AM11 F.No.01/84/50/14/AM11/DES-V Dated 02.12.2010 Fixation of input output norms in respect of Advance Authorization No.6110000389 dated 04.02.2010. Decision: The Committee considered the case as per agenda alongwith other relevant papers and observed that comments called for from Import Policy Division are still awaited. It was therefore decided to follow up the same with them and defer the case for re-listing on 16.12.2009.

PRO version

Case No.359

M/s Madhana Industries Ltd., Mumbai NC No.36/AM11 F.No.01/84/162/368/AM11/DES-V Dated 02.12.2010 Clarification regarding condition No. 14 of General Note for Textile Product against advance authorization No. 0310369494 dated 01.03.2006. Decision: The Committee considered the case as per agenda alongwith other relevant papers and observed that PC-4 Section have sought clarification for condition of General Note No.14 of Textile Product with regard to Advance Authorization No. 0310369494 dated 01.03.2006 issued to M/s Madhana Industries Ltd. The Committee felt that on excess import for which duty and interest has already been paid by the applicant firm may be treated as import outside the advance authorization (as the import made under A/A is accounted only to the extent of the Qty. allowed under duty exemption scheme and duty & interest has been paid on excess import). In view of this Committee after deliberations in consultation with representatives of technical authorities present in the meeting felt that condition of General Note No. 14 for Textiles Product is not applicable in this case. PC-4 Section may be informed accordingly.

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