DGFT Committee Minutes
DIRECTORATE GENERAL OF FOREIGN TRADE DESVI (FOOD & MISC) Minutes of the meeting of NCVI held on 16.7.2009 Meeting No.11/AM10 for the licensing year 200910 to consider cases under Duty Exemption Schemes (Chapter4) of Foreign Trade Policy 200409 pertaining to Misc. & Food Products was held on 16.07.2009 under the Chairmanship of Shri A.K. SINGH, Jt. DGFT. Following officers were present in the meeting. S.No. Name of the Officer Designation Department 1. Sh. Shaish Kumar I.A. DIPP 2. Sh. T.M. Skaria DDG DGFT 3. Sh. Raghu Nath FTDO DGFT Agenda for individual cases was taken up for discussion. Decision taken in each case is enumerated below. Adhoc norms fixed in this meeting are valid for a period of 12 months as per Public Notice 37 dated 23.08.2007. 263 M/S. PIOMA INDUSTRIES PROP KHAMBHATTA FAMILY TRUST, AHMEDADBAD M.No.11/10 Dt. 16.07.2009 Status: Deferred HQ File :01/85/050/00366/AM08 RLA File :08/81/40/00480/AM05 Lic.No/Date:0810046667 dt. 17.03.2005 The case was considered by the Committee as per agenda. On the request of Firm, Committee deferred the case for PH on 13.08.2009. To be relistd on 13.08.2009. 264 M/S. VINBROS AND CO., PONDICHERYY Status: Deferred. HQ File :01/85/50/0020/AM10 RLA File :25/24/040/00008/AM09 Lic.No/Date:2510002336 DT. 07.01.2009 The case was considered by the Committee as per agenda. The Committee decided to defer the case. Case to be relisted on 13.8.2009. 3 265 M/S. PANAMA PETROCHEM LTD., MUMBAI Status: Approved. HQ File :01/85/050/0252/AM09/ RLA File :03/95/040/00832/AM09 Lic.No/Date:0310504907 dt. 02.02.2009 The case was considered by the committee as per agenda. In consultation with the technical representative present in the meeting, Committee decided to ratify the norms with 1% wastage as under: Export Item Qty. Import Item Qty. Base Oil ( Autolub Quality ) 500.000 Base Oil 150N 306.96 Base Oil SN150 198.03 RLA may take consequential action as per policy/procedure.
4 266 M/S. PACIFIC INDUSTRIES LTD., UDAIPUR Status: Rejected HQ File :01/85/162/00110/AM10 Refixation of SION at S.No. A1833 for Unpolished/Polished Granite Slabs. The case was considered by the Committee as per agenda. Committee felt that natural stone slabs are not as hard as Granite requiring Gangsaw Machine for production. Hence there is no requirement of its inclusion in SION. As regards the request for enhancing FOB value of Steel Grits or Shots/Gangsaw Blades from 5% to 12%, Committee observed that qty depends on realization of export value. If realization is more, qty of inputs also increases. In support of the request for increase in FOB value, applicant has stated that prices of consumables have doubled, without indicating export prices. Documents in support of price increase have not been furnished. The fact is that qty of import entitlement depends on FOB and if FOB realisation is more, import entitlement is also more. Committee found no justification for modification of SION and accordingly rejected the case. 5 267 M/S. PHOENIX COMMODITY EXPORT PVT. LTD., KOLKADA & REF. FROM DOC Status: Deferred. HQ File :01/83/050/01118/AM08 AMENDMENT IN THE DESCRIPTION OF SION E39 FROM RICE BRAN EXTRACTION TO DE OILED RICE BRAN The case was considered by the committee as per agenda. It was noted that the comments were awaited from IARI. The Committee decided to remind IARI to expedite the comments. To be relisted on 13.08.2009 6 268 M/S. NATURO FOOD & FRUIT PRODUCTS PVT. LTD., BANGALORE Status: Deferred. HQ File :01/85/050/00016/AM10 RLA File :07/24/040/000029/AM10/ Lic.No/Date:0710064396 DT. 28.04.2009 The case was considered by the Committee as per agenda. The Committee decided to call Firm for PH alongwith past production/consumption data for three years certified by Central Excise for each item. To be relisted on 13.08.2009. 7 269 M/S. MSPL LTD., HOSPET Status: Deferred. HQ File :01/85/162/300/AM09 REQUEST FOR FIXATION OF WASTAE NORMS FOR MINING, HANDLING, PROCESSING AND EXPORT OF IRON ORE REF DEPTT. OF COMMERCE 1/2/2008FT(M&O) The case was considered by the Committee as per agenda. Committee decided to refer the case to Ministry of Mines for their comments. Copy may be endorsed to applicant firm. To be relisted on 13.08.2009. 8 270 M/S. MARICO LTD., MUMBAI Status:Approved
HQ File :01/85/162/0032/AM07 REQUEST FOR AMENDMENT IN SION AT SL. No.K125 Committee noted the comments of Directorate of VVO&F vide their OM No. 4/6/2006Exp dated 05.06.2009 that “since specifications of Free Fatty Acid (FFA) of both import item (raw coconut oil) as well as the export item (refined coconut oil) under SIION K125 are at variance with those under PFA, SION may be considered to be revised”. Committee recognized that variance in FFA has to be within PFA parameters. But, technically, in the export of coconut oil, specifications laid down in PFA Act cannot be applied and the relevant provisions of importing country will apply which will be finalized by importing country. The only condition under Advance Authorization Scheme that draws attention of Members is, in case the exportable product is not exported and the parameters in the PFA Act for coconut oil are not fulfilled, then domestic sale would not be possible as it would amount to violation of domestic rules. In that event, under Advance Authorization Scheme, default of export obligation would occur for which there are settled parameters for payment of interest on duty under Customs Act. Accordingly Committee felt that although specifications with respect to coconut oil are not strictly required to be followed in the export of coconut oil, still adequate caution should be exercised and specification should also be imposed on export side. PFA Rules stipulate that coconut oil shall conform to the following standards: Butyro refractometer reading at 40oC………………..34.0 to 35.5 OR Refractive or Index at 40oC ………………………..[1.44811.4491] Saponification value …………………………………2[Not less than 250] lodine value ………………………………………….7.5 to 10.0 Polenske value ………………………………………Not less then 13.0 Acid value ………………………………………….Not more than 6.0 Unsaponifiable matter………………………………Note more than 1.0 per cent Test for Argemone oil shall be negative. It was noted that formula for converting FFA to Acid Value is as under: % FFA X 1.99=Acid Value In this case FFA content is 0.5% which is within the specification of PFA Act for manufacture of export product. Committee has already recommended modification of norms in Meeting No. 08/08 dated 31.05.2007 which may be recommended for notification. 9 271
Case No.:14/13/85ALC3/2008
M/S. LALAHS SPICES & FOOD PRIVATE LIMITED Status: Approved. HQ File :01/85/050/00104/AM09/ RLA File :04/24/040/00026/AM09/ Lic.No/Date:0410095840
13.05.2008 The case was considered by the committee as per agenda. In consultation with technical representative present in the meeting, it was decided to ratify the norms with 1 % wastage as under: Export Item Qty Import Item Qty.KG CURRY POWDER (CONTAINING CORRIANDER 55% TURMERIC 10% (CURCUMIN MINIMUM 2%) AND OTHER 35 % INGREDIENTS TO BE OF LOCALLY PRODUCED ITEMS) GROUND TURMERIC (TURMERIC POWDER WITH CURCUMIN MINIMUM 2 %) 900000KG 97346KG WHOLE CORIANDER WHOLE TRMERIC WITH MINIMUM 2 % CURCUMIN WHOLE TURMERIC WITH MINIMUM 2 % CURCUMIN. 543500 99000 98319.50 RLA may take consequential action as per policy/procedure. 10 272
Case No.:2/11/85ALC3/2008
M/. ASTRIX LABORATORIES LTD., Status: Transferred HQ File :01/85/050/00086/AM09/ RLA File :09/24/040/00079/AM09/ Lic.No/Date:0910034354 19.06.2008 The case was considered by the Committee as per agenda. It was noted that the ITC Code of export product in this case, is 29420000 and not 24920000. The committee, therefore, decided to transfer the case to NC4 11 273
Case No.:9/20/85ALC3/2008
M/S. HALDIA PETROCHEMICALS LTD. Status: Deferred. HQ File :01/85/050/00146/AM09/ RLA File :02/24/040/00144/AM09/ Lic.No/Date:0210116575 27.08.2008 The case was considered by the Committee as per agenda. Committee decided to call Firm for PH on 13.8.2009. To be relisted on 13.8.2009. 12 274
Case No.:44/27/83ALC1/2007
M/S. TECHMENS CHEMICALS PVT.LTD. Status: Rejected
HQ File :01/83/050/01118/AM08/ RLA File :02/24/040/00165/AM08/ Lic.No/Date:0210103878 06.09.2007 Decision: The case was considered by the Committee as per agenda. It was noted that Firm has not furnished the details as requested by the Committee in the meeting on 26.06.2008, in the absence of which it is no possible to compute wastage. Committee therefore rejected the case. RLA may take consequential action as per policy/procedure. 13 275
Case No.:10/3/85ALC3/2009
M/S. HALDIA PETROCHEMICALS LTD. Status: Deferred. HQ File :01/85/050/00025/AM10/ RLA File :02/24/040/00230/AM09/ Lic.No/Date:0210121526 24.12.2008 The case was considered by the Committee as per agenda. Committee decided to call Firm for PH on 13.8.2009. To be relisted on 13.8.2009. 14 276
Case No.:3/11/85ALC3/2009
M/S. ACG PHARMAPACK PVT LTD Status: Transferred HQ File :01/85/050/00066/AM10/ RLA File :03/94/040/00740/AM09/ Lic.No/Date:0310528352 10.07.2009 Defer Date: The case was considered by the Committee as per agenda The committee decided to transfer the case to DES7 15 277
Case No.:13/36/81ALC2/2007
M/S. UNI KLINGER LIMITED, Status: Transferred HQ File :01/81/050/00433/AM08/ RLA File :31/24/040/00106/AM08/ Lic.No/Date:3110031556 13.11.2007 The case was considered by the Committee as per agenda. Committee decided to transfer the case to DES.IV. 16 M/S. HALDIA PETROCHEMICALS LTD. Status:
278
Case No.:9/34/85ALC3/2008
Deferred. HQ File :01/85/050/00239/AM09/ RLA File :02/24/040/00247/AM09/ Lic.No/Date:0210122028 09.01.2009 The case was considered by the Committee as per agenda. Committee decided to call Firm for PH on 13.8.2009. To be relisted on 13.8.2009. 17 279
Case No.:8/32/85ALC3/2008
M/S. HALDIA PETROCHEMICALS LTD. Status: Deferred. HQ File :01/85/050/00215/AM09/ RLA File :02/24/040/00219/AM09/ Lic.No/Date:0210121001 12.12.2008 The case was considered by the Committee as per agenda. Committee decided to call Firm for PH on 13.8.2009. To be relisted on 13.8.2009. 18 280
Case No.:12/36/81ALC2/2007
M/S. UNI KLINGER LIMITED, Status: HQ File :01/81/050/00432/AM08/ RLA File :31/24/040/00208/AM08/ Lic.No/Date:3110031555 13.11.2007 The case was considered by the Committee as per agenda. Committee decided to transfer the case to DES.IV. 19 281
Case No.:2/11/85ALC3/2009
M/S. SRI VARSHA FOOD PRODUCTS INDIA LTD Status: Approved. HQ File :01/85/050/00065/AM10/ RLA File :09/24/040/00100/AM10/ Lic.No/Date:0910038496 08.07.2009 The case was considered by the committee as per agenda. The committee decided to approve the case as per packing policy. RA should advise applicant in such cases to apply under norms fixed category and not under Para 4.7 & RA should finalise the case. RLA to take consequential action as per policy/procedure.
20 282
Case No.:1/11/85ALC3/2009
M/S. HALDIRAM SNACKS P LTD. 16.07.2009 Status: Approved. HQ File :01/85/050/00064/AM10/ RLA File :05/24/040/00198/AM10/ Lic.No/Date:0510245317 08.07.2009 The case was considered by the committee as per agenda. The committee decided to approve the case as per packing policy. RA should advise applicant in such cases to apply under norms fixed category and not under Para 4.7 & RA should finalise the case. RLA to take consequential action as per policy/procedure. 21 283
Case No.:3/7/85ALC3/2009
M/S. EASTERN PETROLEUM PVT.LTD. Status: Rejected. HQ File :01/85/050/00047/AM10/ RLA File :03/94/040/00182/AM10/ Lic.No/Date:0310522519 03.06.2009 The case was considered by the Committee as per agenda. It was noted that applicant has not furnished technical specification of import/export items and the stagewise wastage during production. Committee is not in a position to compute the wastage and therefore rejected the case. RLA may take consequential action as per policy/procedure. 22 284
Case No.:2/7/85ALC3/2009
M/S. INDO GERMAN ALKALOIDS Status: Deferred HQ File :01/85/050/00046/AM10/ RLA File :03/94/040/00168/AM10/ Lic.No/Date:0310522679 04.06.2009 The case was considered by the committee as per agenda. It was noted that applicant has cited an earlier case in Advance Licence No. 0310286247 dt. 16.08.2004 approved by ALC in meeting No. 4/05 dated 27.04.2005 allowing import qty of 19.71Kg per unit of export product. On checking it was seen that the case approved by ALC was for export product Impcacuanha Extract, whereas the export product in this case is Podophyllum Resin BP/USP. These two cases are not similar. Committee therefore deferred. Case to be relisted on 13.08.2009.
23 285 M/S. RAJ PETRO SPECIALITIES PVT. LTD., MUMBAI Status: Deferred. HQ File :01/85/162/0055/AM10/ RLA File :03/95/040/0131/AM10/ ISSUE OF ADVANCE LICENCES ON UNDERA PARA 4.7 OF HBP VOL. I FOR WHITE PETROLEUM JELLY The case was considered by the Committee as per agenda. Committee deferred PH in this case to 13.08.2009. To relisted on 13.8.2009. XXX
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