IN FORCE Norms Committee — Marine/Food/Misc (NC-VI) Advance Authorisation 2007-08-16

DGFT Committee Minutes

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DIRECTORATE GENERAL OF FOREIGN TRADE UDYOG BHAWAN, NEW DELHI DES-VI Section   Minutes of the  Meeting NC-III held on 16.8.2007   The Meeting No.19/AM-08 for the licensing year 2007-08 to consider the cases under Duty Exemption Schemes (Chapter-4) of Foreign Trade Policy 2004-09 pertaining to Misc. & Food Products  was held on 16.8.2007 in Room No.4 of DGFT under the Chairmanship of Shri Anil Aggarwal, Jt. DGFT.                     At the outset the minutes of Norms Committee Meeting 18/08 held on 9.8.2007 were ratified by the committee.          List of Members Present in the Meeting is at Annexure I.          Total Number of Cases 21.     No.481 M/s. Radiant Chemtech Pvt. Ltd; New Delhi NC 19/08 Dt.16.8.2007 F.No.01/85/162/314/AM08/DES.VI. Export of Silicone Rubber Sheet against import of Silicone Rubber Compound. Adv.Auth.No.0510204311 Dt.31.5.2007 under para 4.7 of HBP 2004-09 RLA, CLA,New Delhi Ref. No.05/24/40/716/AM08          The Committee considered the case as per agenda. It was observed that the Export Product “Silicone Rubber Sheet against import of Silicone Rubber Compound” is being dealt in DES.VIII. It was decided to transfer the case to DES-VIII for necessary action.   No.482   M/s.Hill Wood Imports & Exports (P) Ltd; Calicut F.No.01/85/162/322/AM08/DES.VI. Export of Teak Sawn Timber against import of Teak Logs. Adv.Auth.No.1010026735 Dt.14.6.2007 under para 4.7 of HBP 2004-09 RLA, Cochin. No.10/94/040/048/AM08.   No.483   M/s.Hill Wood Imports & Exports (P) Ltd; Calicut F.No.01/85/162/323/AM08/DES.VI.

Export of Teak Sawn Timber against import of Teak Logs. Adv.Auth.No.1010026734 Dt.14.6.2007 under para 4.7 of HBP 2004-09 RLA, Cochin. No.10/94/040/042/AM08.   No.484   M/s.Hill Wood Imports & Exports (P) Ltd; Calicut F.No.01/85/162/321/AM08/DES.VI. Export of Meranti Sawn Timber against import of Metanti Logs. Adv.Auth.No.1010026736 Dt.14.6.2007 under para 4.7 of HBP 2004-09 RLA, Cochin. No.10/94/040/049/AM08.          The Committee considered these cases as per agenda. It was observed that all such cases for export of Sawn Wood against import of Wood Logs, the parameters of export Policy (Schedule 2)  laid down under its Chapter 44 for Wood and Articles of Wood are being  applied. Accordingly it was decided that the applicant be asked to provide the following details in both cases:-   (i)     A copy of the registration of the Saw Mill where imported timber is sawn, with the State Forest Department.   (ii)    A copy of the export contracts registered with the Chemicals and Allied Products Export Promotion Council (CAPEXIL) giving the details of the Quantity and value of Teak Logs to be imported, Quantity and value of Sawn Teak to be exported, Port of imports and exports, period of delivery schedule for exports, minimum value addition and other relevant terms and conditions of Contract No. and date etc.   (iii)   A data on the production of Sawn Wood and consumption of Wood Logs for the various specific species in the unit of the applicant for the last two years duly certified by the jurisdictional Central Excise authority of their unit.          Consideration of the cases was deferred for relisting on 13.9.2007.     No.485   M/s.Universal Oleoresins, Cochin F.No.01/85/162/062/AM08/DES.VI. Export of Black Pepper Oleoresin/Black Pepper Oil against import of Black Pepper Light Berries. Adv. Auth. No. 1010026076 Dt. 21.3.2007 (under para 4.7 of HBP). RLA, Cochin Ref. F.No.10/24/40/141/AM 07        The committee considered the case as per agenda. It was observed that that there will be separate yield for production of Black Pepper Oleoresins and Black Pepper Oil. Accordingly it was decided that the applicant be asked to provide the following details

in both cases:-   (a)              Separate Quantity and FOB value for export of Black Pepper Oleoresins and Black Pepper Oil.   (b)                           Separate Quantity and CIF value of Black Pepper Light Berries required for the corresponding production of the quantity of Black Pepper Oleoresins.   (c)                           Separate Quantity and CIF value of Black Pepper Light Berries required for the corresponding production of the quantity of Black Pepper Oil.          Consideration of the cases was deferred for relisting on 13.9.2007.     No.486   M/s. Biostadt India Limited, Mumbai. F.No. 01/85/162/035/AM08/DES-VI Export of Wokozim Granules against import of Soluble Seaweed Extract Powder. Request for issue of advance authorisation under para 4.7 of HBP 2004- 2009 RLA, Mumbai, Ref. No. 03/94/40/336/AM07          The Committee considered the case as per agenda. The committee observed that the Department of Biotechnology has earlier given written comments vide letter No.BT/IL/05/148/2004/PID dated 30.10.2006 recommending import of 0.05 Kgs of Soluble Seaweed Extract Powder with 0% wastage against export of 1 Kg of “Wokozim Granules (containing 5% Soluble Seaweed Extract Powder) in an earlier similar case. Accordingly it was decided to allow imports as recommended by the Department of Biotechnology, against this application as well.          RLA may be advised to issue Advance Authorisation under para 4.7 of the HBP subject to other usual terms and conditions of the Foreign Trade Policy/Procedure.     No.487   M/s. Krupa Trading Co., Mumbai F.No. 01/85/162/463/AM-05/DES-VI Export of  Glass Chatons & Cut Flat Back against import of Glass Pars, Erbium Tri Oxide 99.9%,  Neodymium oxide 99% etc. A/L No. 0310284548 Dt. 5.8.2004 (under para 4.7 of HBP 2002-2007)

RLA Mumbai, Ref. No. 03/24/40/163/AM05          The Committee considered the case as per agenda. The Committee decided to ratify the typographical mistakes in the earlier minutes of ALC Meeting No.41/05 held on 6.1.2005 in respect of above Advance Licence as under:-   (a)              The quantity of export product Glass Chatons two cut flat back may be read as 6000 Kgs instead of 24,000 Kgs.   (b)              The quantity of export shall be in the ratio of 90% clear Glass Chatons and 10% pink Glass Chatons shall.   (c)              Quantity of import item No.6 namely PU Sheet (LP 66 unalon 0.125 THK 23 X 55) may be read as 180 Nos. instead of 181 Kgs.   RA may be advised to carry out above corrections suitable against the advance licence in question subject to other usual terms and conditions of the Foreign Trade Policy/Procedure.     No.488 M/s.Synthite Industrial Chemicals Ltd; Cochin F.No.01/85/162/337/AM 08/DES VI Export of Oleoresin Nutmeg against  import of  Nutmeg (BWP). Advance Authorization No.1010026915  dt. 13.7.2007 under Para 4.7 of HBP(Vol.I) 2004-07. RLA , Cochin. Ref.No.10/24/040/00068/AM08 Dated 25.6.2007   No.489 M/s.Synthite Industrial Chemicals Ltd; Cochin F.No.01/85/162/336/AM 08/DES VI Export of Oleoresin Nutmeg against  import of  Nutmeg (BWP). Advance Authorization No.1010026917  dt. 13.7.2007 under Para 4.7 of HBP(Vol.I) 2004-07. RLA , Cochin. Ref.No.10/24/040/00070/AM08 Dated 25.6.2007   No.490 M/s.Synthite Industrial Chemicals Ltd; Cochin F.No.01/85/162/338/AM 08/DES VI Export of Oleoresin Nutmeg against  import of  Nutmeg (BWP). Advance Authorization No.1010026916  dt. 13.7.2007 under Para 4.7 of HBP(Vol.I) 2004-07. RLA , Cochin. Ref.No.10/24/040/00069/AM08 Dated 25.6.2007

No.491 M/s.Synthite Industrial Chemicals Ltd; Cochin F.No.01/85/162/335/AM 08/DES VI Export of Oleoresin Nutmeg against  import of  Nutmeg (BWP). Advance Authorization No.1010026913  dt. 13.7.2007 under Para 4.7 of HBP(Vol.I) 2004-07. RLA , Cochin. Ref.No.10/24/040/00067/AM08 Dated 25.6.2007          The Committee considered these case as per agenda. It was decided that the party may be asked to furnished following information:-   (a)              Full form of “BWP” used in the import item Nutmeg.   (b)              Details of manufacturing process/flow chart,   (c)              Stagewise wastage (Yield) involved in the manufacture of Oleoresin Nutmeg.          Consideration of the case was deferred for relisting on 13.9.2007.     No.492   M/s.Synthite Industrial Chemicals Ltd; Cochin F.No.01/85/50/179/AM04/DES.VI. Export of Annatto Seed Extract against import of Annatto Seeds. A/L No.1010013142 Dt. 11.7.2003 (Para 4.7 of HBP 2002-07) RLA, Cochin,  Ref. No.10/24/040/006/AM04.          The Committee considered the case as per agenda. It was observed that the comments are still awaited from DC(SSI) – Food Division. It was decided to send a reminder by DO letter at higher level to expedite comments.          Consideration of the case was deferred for relisting on 13.9.2007.

No.493 3/9/85-ALC3/2007 M/s. Ratan papers Pvt. Ltd; Jaipur F.No.01/85/050/003/AM08/DES.VI. Export of Snap Boxes made of Corrugated Card Board against import of Snap Fasters. Adv. Auth. No.1310024112 Dt.30.3.2007 (Para 4.7 of HBP 2004-09) RLA, Jaipur Ref. No.13/24/040/39/AM07.               The Committee considered the case as per agenda. It was decided in consultation with the representative of technical authority present in the meeting that imports as applied for on Net to Net basis subject to accountability clause may be permitted. Accordingly imports may be allowed as under:-   S. No DESCRIPTION OF EXPORT ITEMS QUANTITY IN NO. 1 Snap Boxes made of corrugated Card Board containing 8 Nos. of Snap Fastners – Small Size 8” X 8” X 4”. 32,868 Pcs 2 Snap Boxes made of corrugated Card Board containing 8 Nos. of Snap Fastners – Large Size 15” X 11” X 6” 21,948 Pcs.   S. No DESCRIPTION OF IMPORT ITEMS QTY IN NO. 1 Snap Fastners T6/24L made of Metallic (Brass) Nickel Free, Lead Free, Anti Corrosions 438528 Nos          The Size and Specifications of the Snap Fastners in the imports and exports shall match. ( 438528 Nos.in export product 1 and 2 put together).          RA may be advised to ratify the Advance Authorisation under para 4.7 of the HBP accordingly and take necessary action subject to other usual terms and conditions of the Foreign Trade Policy/Procedure.     No.494 3/29/80-ALC32/2006 M/s. English Indian Clays Limited, Pondicherry F.No.01/85/50/583/AM07/DES.VI.

Export of Topioca Starch Modified  against import of Tapioca Starch. Advance Authorisation No.2510001734 dt.4.9.2006 (Para4.7 of HBP) RLA, Cochin, Ref.No. 25/80/040/003/AM 07.               The Committee considered the case as per agenda. It was observed that the comments are still awaited from MFPI. It was decided to send a reminder by DO letter at higher level to expedite comments.          Consideration of the case was deferred for relisting on 13.9.2007.           No.495 1/8/85-ALC3/2007 M/s. Jabs International Pvt. Ltd;Mumbai F.No.01/85/50/08/AM08/DES-VI Export of Sterlized Caraway Seeds against import of Raw Caraway Seeds Adv. Auth. No.0310426360 dt.11.4.2007 (Para 4.7 of HBP 2004-09) RLA Mumbai Ref. No. 03/24/040/020/AM08/               The Committee considered the case as per agenda. It was  decided in consultation with the representative of technical authority present in the meeting that imports may be allowed with 0.5% wastage as under:-   S.No DESCRIPTION OF EXPORT ITEMS QUANTITY IN NO. 1 Sterlized Caraway Seed 100.00 MT   S.No DESCRIPTION OF IMPORT ITEMS QTY IN NO. 1 Raw Caraway Seeds. 100.50 MT                    RA may be advised to ratify the Advance Authorisation under para 4.7 of the HBP accordingly and take necessary action subject to other usual terms and conditions of the Foreign Trade Policy/Procedure.     No.496   M/s. Synergy Natural Cares, Delhi F.No.01/85/50/035/AM08/DES.VI. Export of Handicraft Soya Palm Wax Candles against import of Soya Wax, Palm Wax and perfumes etc.

Adv. Auth. No.0510204785 Dt. 12.6.2007 (Para 4.7 of HBP) RLA, CLA, New Delhi Ref.No.05/24/40/142/AM08          The Committee considered the case as per agenda. It was observed that the information as desired by NC in its meeting No.15/08 dated 19.7.2007, is still awaited from the party. It was decided to remind the party to expedite requisite information as called for.          Consideration of the case was deferred for relisting on 13.9.2007.     No.497   M/s. Plant Lipids Pvt. Ltd; Cochin F.No.01/85/162/1052/AM07/DES.VI. Export of Ginger Oil against import of Dried Ginger. Adv. Auth. No.1010025951 dt.13.3.2007 under Para 4.9 of HBP 2004- 2009. RLA, Cochin,  Ref. No.10/24/40/144/AM07.          The committee considered the case as per agenda. It was observed that in a similar case RA was asked to ascertain from the Chartered Engineer who has given certificate in this case as to on what basis he has certified that “Terpenes 10-15%” has no commercial value.          It was also decided that the Spices Board may also be asked to indicate the commercial value of Terpenes 10-15% generated as bye product in the manufacture of Ginger Oil out of Dried Ginger.           Consideration of the case was deferred for relisting on 13.9.2007.     No.498 Misc./08 M/s. Savers Impex, Thane. F.No. 01/85/162/102/AM 08/DES-VI Export of Vitamin – Mineral and Import of Thiamin Mononitrate Adv.Auth. No . 0310428179  Dt. 27.4.2007 (Para 4.7 of HBP 2004-09) RLA, Mumbai Ref. No. 03/95/40/41/AM08.               The Committee considered the case as per agenda. It was observed that the Export Product “Vitamin – Mineral” manufactured from the  Import item “ Thiamin Mononitrate” and other Vitamins is a Pharma Item and not Food Item and the manufacturing process is a Chemical reaction/mixing of ingredients and therefore should be dealt with by Norms Committee dealingin

Pharma items. The committee also noted that it has been provided under para 4.7 of HBP that for export of various feed ingredients containing Vitamins, no Advance Authorisation shall be issued by RA and applicant may apply under para 4.4.2 of HBP. Accordingly it was decided that comments of Policy Cell may be sought as to whether the intention is for Feed products containing Vitamins for animals/birds consumption or Food products containing Vitamins for human consumption or for all products containing Vitamins.          Case may therefore be decided on file after receipt of comments from Policy Cell.     No.499 3/36/82-ALC1/2006 M/s. Banaras Beads Ltd; Varanasi NC 08/08 Dt.31.5.2007 01/85/50/1172/AM07/DES-VI Export of Finished Glass Beads Loose and Packed in Plastic Tray, Necklaces/Bracelets Solid against import of Glass Rod Solid, Semi Finished Glass Beads Solid and Millilifiori Glass Rops Solid. Adv. Auth. No.1510003354 Dt. 18.20.2006 (Para 4.7 of HBP 2004-09) RLA, CLA,New Delhi, Ref. No.15/24/40/001/AM07.          The committee considered the case as per agenda. It was observed that the comments furnished by DC(SSI) do not reflect the contents of imported inputs in the export product. Accordingly the following decision was taken in this case:-   (a)              DC(SSI) - Glass and Ceramic Division shall give content of imported inputs contained in the export product.   (b)              The attention of DC(SSI) - Glass and Ceramic Division be also invited to the comments given vide their I.D.Note No.25(15)/ G&C-2004 dated 7.1.2005 in a similar case of M/s. Krupa Trading Co; Mumbai ( a copy of which may also be sent to them for ready reference) where the imports have been allowed on absolute/specified basis.   (c)              DC(SSI) shall furnish revised comments in the present case on the same basis for maintaining uniformity.          Consideration of the case was deferred for relisting on 13.9.2007.     No.500 18/28/85-ALC3/2005 M/s.Surya International, Ahmedabad F.No.01/85/50/855/AM05/DES.VI. Export of Powder Drink against import of Acesulfamek. Adv.Auth. No.0810042813 dt. 15.10.2004 (Para 4.7 of HBP 2004-09) RLA , Ahmedabad Ref: No. 08/81/40/311/AM05.

The Committee considered the case as per agenda. It was observed that the MFPI has in their earlier comments given in letter No.DGFT/ALC/2004/11 dated 26.9.2005 mentioned that the import item “Acesulfame-K” is not ingredient of the final export product viz. “Power Drink” in this case. In view of the same the Committee had decided to maintain rejection of the case.          The MFPI has now vide letter No.MFPI/12/DES/2007 dated 24.7.2007 furnished comments allowing only a miniscule quantity i.e. 9.8 Khgs of Acesulfame-K against export of 14000 Kgs of Powder Drink. The committee therefore decided to maintain rejection of the case.        RA may also be advised to take necessary consequential action subject to other usual terms and conditions of the Foreign Trade Policy/ Procedure.       No.501 M/s. Pratipa Cashews, Tamilnadu F. No.01/85/162/245/AM08/DES VI Export of Curcumin Powder against import of Turmeric RLA Poldicherry F.No.25/21/051/104/AM07/          The Committee considered the case as per agenda. It was noted that para 9.12 of HBP provides that wherever Procedural / Policy provisions have been modified to disadvantage of exporters, same shall not be applicable to consignments already handed over to Customs for examination and subsequent exports upto Public Notice / Notification date.          The details of the case may be referred to DEPB Committee with these observations.                    The meeting ended with thanks to the Chairman.     LIST OF PARTICIPANTS-NC MEETING No.19/08 HELD ON 16.8.2007   Sl.No. Name of the Officer Designation Department 1. Sh. Anil Aggarwal Jt.DGFT DGFT 2. Sh. Shaish Kumar Sr D.O. DIPP 3 Sh. V.V. Sadasivan M.I.O. Spices Board 4. Mrs. Kiran Sehgal Dy.DGFT DGFT 5. Sh. G.L. Monga FTDO DGFT

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