DGFT Committee Minutes
DIRECTORATE GENERAL OF FOREIGN TRADE DESVI (FOOD & MISC) Minutes of the meeting of NCVI held on 24.09.2009 Meeting No. 20 & 21/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 24.09.2009 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 The Committee ratified the minutes of the meeting held on 01.09.2009, 03.09.2009 & 10.09.2009 Thereafter, 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. PARTI 1 430 M/s. SRI TOOLS INDUSTRIES, LUDHIANA M.No. 20/10 Dt. 24.09.2009 Status: Rejected HQ File :01/(81)/85/50/292/AM08 RLA File :30/21/40/0021/AM08 Lic.No/Date:3010051813 dt. 16.05.2007 The case was considered by the committee as per agenda. It was observed that the export product is Spark Lighter and definitely the weight of Light Flint in Spark Lighter would be very very small portion of Spark Lighter. Import quantity of Lighter Flint is 205Kgs & export items are also 205Kgs. In this case, total import quantity of Lighter Flints alone is 205Kgs. There appears to be gross mismatch in these quantities as in 205Kgs of Lighter or Lighter Flints fitted with Bush/sheet etc., very small quantity of Lighter Flint would be required. Having regard to this, Committee was constrained to reject the request. 2 431 M/s. RIDDHI SIDDHI GLUCO BIOLS LTD., AHMEDADBAD M.No. 20/10 DT. 24.09.2009 Status: Rejected HQ File :01/85/050/241/AM06/ RLA File :08/24/40/238/AM06 Request for fixation of SION for Liquid glucose against import of Maize/Tapioca Starch. The case was considered by the committee as per agenda. It was observed that adhoc norms cannot be standerdised without industry data regarding production and consumption for the last three years for at least 3 companies, justification, application in ANF etc. In the absence of the said information, it is not possible to fix standard norms. Hence, the Committee rejected the case.
3 432 M/s. GLOBAL EXIM, MUMBAI M.No. 20/10 DT. 24.09.2009 Status: Clarified HQ File :01/85/162/128/AM10 Ref ID No. 01/94/180/883/AM09/PC4 Request for clarification regarding import item “Vegetable Shortenings/Cream/Fats/Spray Fats allowed under DFIA licence against export of Biscuits” The case was considered by the committee as per agenda. Committee examined the written comments received from MSME vide their UO No. 17(4)/18//200009food dated 16.07.2009. MSME has stated that the term ‘Fat” would also include the term “Milk Fat” and anhydrous milk fat may be required for use in manufacturing of Biscuits. The Committee concurred with this observation. Committee accepts the observation made by MSME. Since the matter is referred by Policy division, it is reverted back to them for necessary clarification. 4 433
Case No.:2/15/85ALC3/2009
M/s. BGH EXIM LTD., KOLKATA M.No. 20/10 dt. 24.09.2009 Status: Rejected HQ File :01/85/050/00078/AM10/ RLA File :02/24/040/00067/AM10/ Lic.No/Date:0210129972 04.08.2009 The case was considered by the committee as per agenda. It was noted that the firm has neither given stagewise wastage during production nor blend ratio of tea. In the absence of these information, the committee is constrained to reject the case. Further, RA may take note of the fact that in many cases, where import item tea & export item is blended tea, Advance authorization is issued without blend ratio, which is not desirable. Accordingly, before issue of AA, in case of import of tea against blended tea, it is mandatory that blend ratio is mentioned on export side. All RA’s to take note of this. 5 434
Case No.:1/20/85ALC3/2009
M/s. HPP ENERGY (INDIA) PVT LTD Status: Transferred. HQ File :01/85/050/00108/AM10/ RLA File :05/24/040/00240/AM10/ Lic.No/Date:0510248783 03.09.2009 The case was considered by the committee as per agenda. It was noted that the export product in this case actually pertains to Chapter 85 of ITC(HS) Code which is dealt by NCII. It was decided to transfer the case to NCII
6 435
Case No.:2/10/85ALC3/2009
M/s. INDUSTRIAL FOAMS PVT LTD Status: Deferred HQ File :01/85/050/00056/AM10/ RLA File :05/24/040/0849/AM08/ Lic.No/Date:0510216328 13.02.2008 The case was considered by the committee as per agenda. The representative of DIPP present in the meeting handed over the written comments dt. 16.09.2009. On the basis of written comments, the committee decided to call for the following information from the firm: 1. Net weight of export product namely ‘Prefabricated Telecom Shelter’. 2. Net weight of each of the imported and indigenous inputs, for the purpose of material balancing. 3. Thickness of import item at Sl. No. 1 i.e. PCGI Coil. 4. Detailed calculations for the quantities of raw material proposed for import. The case to be relisted on 22.10.2009. 7 436
Case No.:9/36/85ALC3/2007
M/s. ORGANIC INDIA PVT.LTD. Status: Withdrawn HQ File :01/85/050/00125/AM08/ RLA File :06/24/040/00015/AM08/ Lic.No/Date:0610012557 26.11.2007 The case was considered by the committee as per agenda. It was noted that the firm has informed vide their letter dated 25.08.2009 that the advance licence is unutilized and surrendered to RA, Kanpur. This may be confirmed by RA. The case is withdrawn. 8 437
Case No.:8/36/85ALC3/2007
M/s. ORGANIC INDIA PVT.LTD. Status: Withdrawn HQ File :01/85/050/00124/AM08/ RLA File :06/24/040/00014/AM08/ Lic.No/Date:0610012556 26.11.2007 The case was considered by the committee as per agenda. It was noted that the firm has informed vide their letter dated 25.08.2009 that the advance licence is unutilized and surrendered to RA, Kanpur. This may be confirmed by RA. The case is withdrawn.
9 438
Case No.:10/42/85ALC3/2007
M/s. ORGANIC INDIA PVT.LTD. Status: Deferred HQ File :01/85/050/00146/AM08/ RLA File :06/24/040/00009/AM08/ Lic.No/Date:0610012144 23.07.2007 The case was considered by the committee as per agenda. It was decided to seek comments of DIPP, on the information provided by the applicant vide letter dated 25.08.2009. The Committee deferred consideration of case. To be relisted on 22.10.2009 10 439
Case No.:2/20/85ALC3/2009
M/s. EASTERN CONDIMENTS PVT. LTD. Status: Approved HQ File :01/85/050/00109/AM10/ RLA File :10/24/040/00058/AM10/ Lic.No/Date:1010035216 07.09.2009 The case was considered by the committee as per agenda. Taking clue from SION E82, which provides for 5% wastage, the Committee decided to allow the quantity of import item in this case as applied for as under: Export Item Qty. Import Item Qty. CORIANDER IN POWDER FORM PACKED IN LAMINATED POUCH/DUPLEX CARTON. MOISTURE – NOT MORE THAN 9% BY WEIGHT, VOLATILE OIL CONTENT ON DRY BASIS – NOT LESS THAN 0.09% BY (v/w), TOTAL ASH ON DRY BASIS – NOT MORE THAN 7% BY WEIGHT, ASH INSOLUBLE IN DIL. HCI ON DRY BASIS – NOT MORE THAN 1.5% BY WEIGHT AND SALMONELLA – ABSENT. [Additional condition sheet attached]. 380.952MT CORIANDER IN RAW FORM PACKED IN 25 KGS POLYPROPYLENE BAGS MOISTURE 8% to 12%, PURITY ٮ 94% to 99%, ADMIXTURE 2% to 5%, BROKEN ٮ 2% to 25%. 400.000MT
RA may take consequential action as per policy/procedure. 11 440
Case No.:3/20/85ALC3/2009
M/s. DINESH SARAOGI Status: Approved HQ File :01/85/050/00110/AM10/ RLA File :02/24/040/00109/AM10/ Lic.No/Date:0210131274 10.09.2009 The Committee considered the case as per agenda. It was noted that committee had ratified similar case of the Firm in meeting No. 24 dt. 20.09.2007 on the basis of 55% yield. In this case also Committee ratified the licence on repeat basis as under: EXPORT ITEM QTY. IMPORT ITEM QTY. SHELLAC 55000KG STICKLAC 100000KG RLA to take consequential action as per policy/procedure. 12 441
Case No.:7/20/85ALC3/2009
M/s. NEWBY TEAS OVERSEAS PVT.LTD., Status: Deferred HQ File :01/85/050/00114/AM10/ RLA File :02/24/040/00083/AM10/ Lic.No/Date:0210131311 10.09.2009 The case was considered by the committee as per agenda. It was decided to call for the following information from the applicant: 1. What are infusions? Case to be relisted on 22.10.2009 13 442
Case No.:4/20/85ALC3/2009
M/s. NEWBY TEAS OVERSEAS PVT.LTD., Status: Deferred HQ File :01/85/050/00111/AM10/ RLA File :02/24/040/00070/AM10/ Lic.No/Date:0210131290 10.09.2009
The case was considered by the committee as per agenda. It was decided to call for the following information from the applicant: 1. Thickness of Aluminium Foil. 2. What are infusions? 3. GSM of Filter Paper To re relisted on 22.10.2009 14 443
Case No.:5/20/85ALC3/2009
M/s. NEWBY TEAS OVERSEAS PVT.LTD., Status: Withdrawn HQ File :01/85/050/00112/AM10/ RLA File :02/24/040/00072/AM10/ Lic.No/Date:0210131298 10.09.2009 The case was considered by the committee as per agenda. Since the import item are packing material, RA may decide the case as per packing policy. Case is withdrawn. 15 444
Case No.:6/20/85ALC3/2009
M/s. NEWBY TEAS OVERSEAS PVT.LTD., Status: HQ File :01/85/050/00113/AM10/ RLA File :02/24/040/00082/AM10/ Lic.No/Date:0210131303 10.09.2009 The case was considered by the committee as per agenda. It was decided to call for the following information from the applicant: 1. What are infusions? To be relisted on 22.10.2009. 16 445
Case No.:8/20/85ALC3/2009
M/s. NEWBY TEAS OVERSEAS PVT.LTD., Status: HQ File :01/85/050/00115/AM10/ RLA File :02/24/040/00103/AM10/ Lic.No/Date:0210131318 10.09.2009 The case was considered by the committee as per agenda. It was decided to call for the following information from the applicant: 1. Geographical source of imported tea. 2. Whether blending of imported tea is done and the blend ratio.
To be relisted on 22.10.2009. 17 446
Case No.:4/15/85ALC3/2009
M/s. DRYTECH PROCESSES (I)PVT.LTD; Status: Approved HQ File :01/85/050/00080/AM10/ RLA File :03/94/040/00394/AM10/ Lic.No/Date:0310533103 10.08.2009 The case was considered by the committee as per agenda. It was observed that an earlier case of the firm was approved in Adv. Lic. No.0310378843 dt. 04.05.2006 by NC in meeting No. 17 held on 26.07.2006 with 5% wastage. In this case also the committee decided to ratify the norms on the same basis, as under:` Export Item Qty. Import Item Qty. Spray Dried Gum Arabic Seyal 80MT Kibbled Gum Arabic Seyal 84MT RLA may take consequential action as per policy/procedure. 18 447 M/s. CLASSIC MARBLE IMPEX PVT. LTD., MUMBAI Status: Rejected HQ File :01/85/050/069/AM10/ RLA File :03/94/040/1097/AM09 Lic.No. 0310511694 DT. 16.03.2009 Committee perused the representation of the applicant which suggests that application for import of rough marble ought to be decided on ad hoc basis. However Committee observed that as per Policy Circular No.16/9697 dated 30.9.1996 import of rough marble under Advanced Authorization Scheme cannot be allowed. In this case Committee has already rejected the case in Meeting No.13/10 dated 30.7.2009 in view of which it is expected that RA would take consequential action within 15 days. In this regard, no response has been received from RA. Committee directed that RA should send the action report within the next 15 days.
PARTII 1 448 M/s. CRI LTD., KOLKATA M.No. 21/10 dt. 24.09.2009 Status: Approved HQ File :01/85/050/0043/AM10/ RLA File :02/24/40/0034/AM10 Lic.No. 0210127149 DT. 01.06.2009 The case was considered by the committee as per agenda .The committee noted the written comments dt. 24.09.2009 given by DIPP. On the basis of written comments, the Committee decided to ratify the norms as under: Export Item Qty. Import Item Qty. Ballpen Tips made of S.S. Wire 1.60MM Dia (Net weight 147687250Nos. S.S. Wire1.60MM Dia 15000Kgs inclusive of 73% wastage after taking
8805Kgs) T.C.Balls of various Dia 1/3rd recovery from scrap. 149164.122 thousand Nos. inclusive of 1% wastage. RLA may take consequential action as per policy/procedure. 2 449 M/s. WAXOILS PVT. LTD., MUMBAI Status: Approved HQ File :01/85/050/204/AM09 RLA File :03/95/40/216/AM09 Lic.No. 0310496294 DT. 03.12.2008 Correction in the description of import item from “Coto stearyl Alcohol” to “Cetostearyl Alcohol”. The case was considered by the committee as per agenda. Although the export product falls under Chapter 34 of ITC(HS), this Committee had ratified norms in the meeting No. 03/10 dated 15.05.2009. Since the present request is only to correct spelling mistake in import item, Committee decided to rectify the mistake. Import items is corrected as “Cetostearyl Alcohol” in place of Cotostearyl Alcohol”. RA may take consequential action as per policy/procedure. 3 450 M/s. .LIGHTWAVE TRADING CO. PVT. LTD., MUMBAI Status: Rejected HQ File :01/85/162/620/AM08 RLA File :03/95/40/606/AM08 Request for fixation of adhoc norms under para 4.4.2 for the export of Ramtirath Hair Oil against import of Coconut Oil. The case was considered by the committee as per agenda. Applicant was asked to provide consumption data for last 3 years. Although the case was filed in 2007, the requisite information has not been furnished so far. In the absence of this information, at this stage, Committee was constrained to reject the case.
4 451
Case No.:1/21/85ALC3/2009
M/s. UNICARE PHARMA LIMITED Status: Deferred : HQ File :01/85/050/00116/AM10/ RLA File :04/24/040/00140/AM10/ Lic.No/Date:0410107740 14.09.2009 The case was considered by the committee as per agenda. It was decided to call for the following information from the applicant: 1. Percentage of moisture contents in import/export. 2. Specification of packing.. 3. Export in bulk or consumer packing. 4. On export side, Qty of Anhydrous milk Fat, Butter oil,. Ghee, Cow Milk Fat separately. 5. Stagewise production wastage. To be relisted on 22.10.2009. 5 452
Case No.:6/21/85ALC3/2009
M/s. TEK ELECTROMECHANICALS PVT LTD Status: Deferred HQ File :01/85/050/00121/AM10/ RLA File :31/24/040/00285/AM09/ Lic.No/Date:3110039966 17.09.2009 The case was considered by the committee as per agenda. Consideration of the case was deferred. To be re listed on 22.10.2009. 6 453
Case No.:7/21/85ALC3/2009
M/s. HALDIA PETROCHEMICALS LTD. Status: Transferred HQ File :01/85/050/00122/AM10/ RLA File :02/24/040/00117/AM10/ Lic.No/Date:0210131651 17.09.2009 The case was considered by the committee as per agenda. It was noted that the export product in this case pertains to Chapter 27 of ITC(HS) Code which is dealt by NCIV. It was decided to transfer the case to NCIV
7 454
Case No.:3/21/85ALC3/2009
M/s. HIMADRI CHEMICALS & INDS. LTD. Status: Transferred HQ File :01/85/050/00118/AM10/ RLA File :02/24/040/00124/AM10/ Lic.No/Date:0210131545 15.09.2009 The case was considered by the committee as per agenda. It was noted that the export product in this case pertains to Chapter 27 of ITC(HS) Code which is dealt by NCIV. It was decided to transfer the case to NCIV 8 455
Case No.:2/21/85ALC3/2009
M/s. HIMADRI CHEMICALS & INDS. LTD. Status: Transferred HQ File :01/85/050/00117/AM10/ RLA File :02/24/040/00123/AM10/ Lic.No/Date:0210131544 15.09.2009 The case was considered by the committee as per agenda. It was noted that the export product in this case pertains to Chapter 27 of ITC(HS) Code which is dealt by NCIV. It was decided to transfer the case to NCIV 9 456
Case No.:4/21/85ALC3/2009
M/s. HIMADRI CHEMICALS & INDS. LTD. Status: Transferred HQ File :01/85/050/00119/AM10/ RLA File :02/24/040/00125/AM10/ Lic.No/Date:0210131546 15.09.2009 The case was considered by the committee as per agenda. It was noted that the export product in this case pertains to Chapter 27 of ITC(HS) Code which is dealt by NCIV. It was decided to transfer the case to NCIV
10 457
Case No.:5/21/85ALC3/2009
M/s. GANGA RASAYANIE P. LTD. Status: Transferred HQ File :01/85/050/00120/AM10/ RLA File :03/94/040/00236/AM10/ Lic.No/Date:0310528314 10.07.2009 The case was considered by the committee as per agenda. It was noted that the export product in this case pertains to Chapter 27 of ITC(HS) Code which is dealt by NCIV. It was decided to transfer the case to NCIV 11 458
Case No.:18/13/85ALC3/2008
M/s. INDUSTRIAL FOAMS PVT LTD Status: Approved HQ File :01/85/050/00108/AM09/ RLA File :05/24/040/00110/AM09/ Lic.No/Date:0510221068 27.05.2008 The case was considered by the committee as per agenda. The representative of DIPP present in the meeting handed over the written comments dt. 24.09.2009. On the basis of written comments, the committee decided to ratify the norms as under: Export Item Qty. Import Item Qty. PRE FABRICATED TELECOM SHELTER; SIZE(4.0Mx3.0Mx2.9M) (INTERNAL), WITH CABLE LADDER PUFF THICKNESS:80MM 150Nos. (Net weight 221.25MT) PRECOATED GALVANISED IRON COILS: Thickness: 0.5MM Thickness: 1.6MM 76.65MT 10.40MT (Total 87.05MT inclusive of 5% wastage). POLYOL 37.485MT inclusive of 5% wastage MDI(ISOCYNATE) 45MT inclusive of 1% wastage RLA to take consequential action as per policy/procedure.
12 459
Case No.:4/19/85ALC3/2008
M/s. INDUSTRIAL FOAMS PVT LTD Status: Approved HQ File :01/85/050/00136/AM09/ RLA File :05/24/040/00329/AM09/ Lic.No/Date:0510226077 25.08.2008 The case was considered by the committee as per agenda. The representative of DIPP present in the meeting handed over the written comments dt. 16.09.2009. On the basis of written comments, the committee decided to ratify the norms as under: Export Item Qty. Import Item Qty. PRE FABRICATED TELECOM SHELTER; SIZE(4.0Mx3.0Mx2.9M) (INTERNAL), WITH CABLE LADDER PUFF THICKNESS:80MM 100Nos. (Net weight 147.5MT) PRECOATED GALVANISED IRON COILS: Thickness: 0.5MM Thickness: 1.6MM 51098Kgs 9902Kgs (Total 61000Kg inclusive of 5% wastage) POLYOL 24990Kgs inclusive of 5% wastage MDI(ISOCYNATE) 30000Kgs inclusive of 1% wastage RLA to take consequential action as per policy/procedure.
12 460 M/s. PARLE PRODUCTS PVT. LTD., MUMBAI Status: HQ File :01/85/162/00135/AM10/ Ref: PC4/RLA’s F.No. 03/92/76/0094/AM08 Inclusion of Dry Fruits under transferable DFIA against export of Biscuits. Committee has seen the original file in which decision to modify SION E5 was taken based on which PN No. 82 dated 16.1.2006 was issued. The final decision taken in meting No. 35/06 dated 01.12.2005 was : “Taking into consideration the above difficulty faced by the Exporters, the Committee decided to delete the condition of Dry Fruits (optional) 3% by weight and amend the SION at serial No. E5 as under: Sl.No. Export Item Quantity Import Items Qty. allowed E5 Biscuits(with or without dry fruits) 1 kg Relevant dry fruits 1.01 kg/kg content in export product Note for E5 stands deleted. Rest of the inputs allowed, remain the same” In this case, M/s. Parle Products Pvt. Ltd. has represented that for the intervening period between issue of PN 82 dated 16.1.2006 and PN 127 dated 7.1.2009 ‘dry fruits (optional)’ may also be allowed without accountability condition. The deletion of note under SION E5 by PN 82 without deletion of ‘dry fruits option of 3% by weight’ in SION E5 cannot be construed as legitimate right to allow import of dry fruit without accountability condition. Dry fruits, which is clearly mentioned as option, constitute an input in export product and has to be accounted for in the export product. Even with the deletion of the Note, (which specified accountability (by PN 82)), the NC is of the view that dry fruits are allowed 3% by weight only as an option for biscuits which contained dry fruits as an input. In view of this, the request of M/s. Parle Products Pvt. Ltd. for allowing dry fruits (optional) without accountability condition merits rejection. Hence the committee decided that the request of M/s. Parle Products Pvt. Ltd. cannot be agreed to and is therefore rejected.
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