DGFT Committee Minutes
S.No. Name of the Officer Designation Department 1. Shri Shaish Kumar IA DIPP 2. Shri T.M.Skaria DDG DGFT 3 Sh. A.K. Ojha AD MSME 3. Shri Raghu Nath FTDO DGFT DIRECTORATE GENERAL OF FOREIGN TRADE DESVI (FOOD & MISC) Minutes of the meeting of NCVI held on 28.10.2010 Meeting No. 25AM11 for the licensing year 201011 to consider cases under Duty Exemption Schemes (Chapter4) of Foreign Trade Policy 200914 pertaining to Misc. & Food Products was held on 21.10.2010 under the Chairmanship of Ms. Vibha Bhalla, Jt. DGFT. Following officers were present in the meeting. Committee ratified the minutes of meeting No. 24 held on 21.10.2010. Thereafter individual cases were 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 1 408
Case No.:1/8/85ALC3/2010
M/S. PENNAR ENGINEERED BUILDING SYSTEMS LTD M.No. 25/11 Dt. 28.10.2010 Status: Approved HQ File :01/85/050/00017/AM11/ RLA File :09/24/040/00327/AM10/ Lic.No/Date:0910041953 06.05.2010 The case was considered by the committee as per agenda. The representative of DIPP present in the meeting handed over their comments vide letter dated 28.10.2010. On the basis of written comments of DIPP, the committee decided to ratify the norms as under: Export Product Qty. Import Item Qty. PreEngineered Steel Building – L 36Mtrs X W 20 Mtrs X Eave Height 10/8Mtrs. 1.000Set (Net Weight 38.39MT) 1 Relevant Pre Painted Sheeting Coils ASTM A 792M, GR.550, AZ 150 0.5mm Thick 6.627MT inclusive of 3% wastage. 2 Relevant H.R. Plates ASTM A 572, GR. 50 4mm to 25mm Thick 17.37MT inclusive of 1% wastage. 3 Relevant C.R. Coils ASTM A 1011 G 50 1.5mm to 2.5mm Thick 8.141MT inclusive of 1% wastage. 4 HS & M.S. Bolts ASTM A325 & 307 1.060 MT on net to net basis with accountability clause. 5 Relevant M.S. Round Bars ASTM A 36, GR. 36 1.205MT inclusive of 1% wastage. 6 Relevant H.R. Tubes/CHANNELS/PIPES IS 2062/1161, Y.S. 245 MPA 0.108MT inclusive of 1% wastage.
7 Skylightsas per Pennar specifications 12Nos. on net to net basis with accountability clause. RA may take consequential action as per policy/procedure. 2 409
Case No.:2/8/85ALC3/2010
M/S. PENNAR ENGINEERED BUILDING SYSTEMS LTD Status: Approved HQ File :01/85/050/00018/AM11/ RLA File :09/24/040/00338/AM10/ Lic.No/Date:0910041954 06.05.2010 The case was considered by the committee as per agenda. The representative of DIPP present in the meeting handed over their comments vide letter dated 28.10.2010. On the basis of written comments of DIPP, the committee decided to ratify the norms as under: Export Product Qty. Import Item Qty. PreEngineered Steel Building – 1 set of 2 Buildings1. 49857mm X 6414mm, W;65402mm L X 7000mm, W; 7413mm EH On Lower side of the Building; 8404mm EH on higher side of the Building. 2. 40600 L X 15660 W X 1216 EH 1.000Set (Net Weight 208.34MT) 1 Relevant Pre Painted Sheeting Coils ASTM A 792M, GR.550, AZ 150 0.5mm Thick 15.345MT inclusive of 3% wastage. 2 Relevant H.R. Plates ASTM A 572, GR. 50 4mm to 25mm Thick 122.4MT inclusive of 1% wastage. 3 Relevant C.R. Coils ASTM A 1011 G 50 1.5mm to 2.5mm Thick 39.663MT inclusive of 1% wastage. 4 HS & M.S. Bolts & Anchor Bolts ASTM A325 & 307 3.93MT on net to net basis with accountability clause. 5 Relevant M.S. Round Bars ASTM A 36, GR. 36 4.222MT inclusive of 1% wastage. 6 Relevant H.R. Tubes/CHANNELS/PIPES IS 2062/1161, Y.S. 245 MPA 17.945MT inclusive of 1% wastage. RA may take consequential action as per policy/procedure. 3 410
Case No.:3/8/85ALC3/2010
M/S. PENNAR ENGINEERED BUILDING SYSTEMS LTD Status: Approved HQ File :01/85/050/00019/AM11/ RLA File :09/24/040/00430/AM10/ Lic.No/Date:0910041955 06.05.2010 The case was considered by the committee as per agenda. The representative of DIPP present in the meeting handed over their comments vide letter dated 28.10.2010. On the basis of written comments of DIPP, the committee decided to ratify the norms as under:
Export Product Qty. Import Item Qty. PreEngineered Steel Building – 12.92m W X 21.92m L; 12.00m EH on higher side of the building & 5.46m W X 11.96m L X 12.00m EH on lower side of the building. 1.000 Set (Net Weight 72.00MT) 1 Relevant H.R. Plates ASTM A 572, GR, 50 4mm to 25mm Thick 64.375MT inclusive of 1% wastage. 2 Relevant C.R. Coils ASTMA 1011 G 50 1.5mm to 2.5mm Thick 7.093MT inclusive of 1% wastage 3 Relevant H.R. Tubes / CHANNELS / PIPES IS 2062/1161, Y.S. 245 MPA 1.484MT inclusive of 1% wastage RA may take consequential action as per policy/procedure. 4 411
Case No.:4/8/85ALC3/2010
M/S. PENNAR ENGINEERED BUILDING SYSTEMS LTD Status: Approved HQ File :01/85/050/00020/AM11/ RLA File :09/24/040/00277/AM10/ Lic.No/Date:0910041956 06.05.2010 The case was considered by the committee as per agenda. The representative of DIPP present in the meeting handed over their comments vide letter dated 28.10.2010. On the basis of written comments of DIPP, the committee decided to ratify the norms as under: Export Item Qty. Import Item Qt. PreEngineered Steel Buildings 1. 31 X 31 X 8.1 Mtrs (52.40 MTs) 2. 16 x 31 x 7.2 Mtrs (22.40 MTs) 3. 16 x 31 x 7.2 Mtrs (22.40 MTs) 1.000Set (Net Weight 97.20MT) 1 Relevant Prepainted Sheeting Coils ASTM A 792M, GR, 550 AZ150, 0.5mm thick 26.886MT inclusive of 3% wastage. 2 Relevant H.R. Plates ASTM A 572, GR, 50, 4mm to 25mm thick 37.29MT inclusive of 1% wastage 3 Relevant Galvanized Plain Coils ASTM A 653, 1.5mm to 2.5mm thick 21.76 inclusive of 1% wastage 4 Fasteners HSB/MSB Bolts ASTM 325 Grade SS type1/ASTMA 307 7.43MT on net to net basis with accountability clause. 5 FastenersAnchor Bolts ASTMA 36 YS 245MPA 0.22MT on net to net with accountability clause 6 Relevant MS Rounds ASTMA 36, GR. 36 2.799MT inclusive of 1% wastage. RA may take consequential action as per policy/procedure.
y q p p y p 5 412
Case No.:5/8/85ALC3/2010
M/S. PENNAR ENGINEERED BUILDING SYSTEMS LTD Status: Approved HQ File :01/85/050/00021/AM11/ RLA File :09/24/040/00493/AM10/ Lic.No/Date:0910041966 07.05.2010 The case was considered by the committee as per agenda. The representative of DIPP present in the meeting handed over their comments vide letter dated 28.10.2010. On the basis of written comments of DIPP, the committee decided to ratify the norms as under: Export Item Qty. Import Item Qt. PreEngineered Steel Building : 42.600 m W X 162.000 m L; 8.8300 m EH on Area #1 Side of the Building & 15.200 m W X 14.000 m L X 8.8300 m EH on Area #2 side of the Building 1.000Set (Net Weight 555.41MT) 1 Relevant H.R. Plates ASTM A 572, GR, 50 4mm to 25mm thick 349.989MT inclusive of 1% wastage. 2 Relevant C.R. Coils ASTM A 101 G 50, 1.5mm to 2.5mm thick 32.055MT inclusive of 1% wastage 3 Relevant Prepainted Sheeting Coils ASTM A 792M, GR. 550, AS150 35.067MT inclusive of 1% wastage RA may take consequential action a per policy/procedure. 6 413
Case No.:1/16/85ALC3/2010
M/S. M & B ENGINEERING PVT. LTD. Status: Deferred
HQ File :01/85/050/00052/AM11/ RLA File :08/24/040/00062/AM11/ Lic.No/Date:0810090367 08.07.2010 The case was considered by the committee as per agenda. It was noted that the reply is awaited from the applicant firm in spite of reminder issued on 30.09.2010 The Committee decided to give last opportunity to reply failing which case will be decided on merits. To be relisted on 25.11.2010. 7 414
Case No.:2/16/85ALC3/2010
M/S. M & B ENGINEERING PVT. LTD. Status: Deferred HQ File :01/85/050/00053/AM11/ RLA File :08/24/040/00063/AM11/ Lic.No/Date:0810090369 08.07.2010 The case was considered by the committee as per agenda. It was noted that the reply is awaited from the applicant firm in spite of reminder issued on 30.09.2010 The Committee decided to give last opportunity to reply failing which case will be decided on merits. To be relisted on 25.11.2010. 8 415
Case No.:9/14/85ALC3/2010
M/S. NEWBY TEAS OVERSEAS PVT.LTD., Status: Deferred HQ File :01/85/050/00046/AM11/ RLA File :02/24/040/00025/AM11/ Lic.No/Date:0210142918 04.06.2010 The case was considered by the committee as per agenda. It was noted that the reply from the applicant firm to this office letter dt.27.09.2010 is awaited. The Committee decided to give last opportunity to reply failing which case will be decided on merits. Copy of reminder to be endorsed to RA also. To be re listed on 25.11.2010. 9 416
Case No.:10/14/85ALC3/2010
M/S. NEWBY TEAS OVERSEAS PVT.LTD., Status: Deferred HQ File :01/85/050/00047/AM11/ RLA File :02/24/040/00024/AM11/ Lic.No/Date:0210142917 04.06.2010
The case was considered by the committee as per agenda. It was noted that the reply from the applicant firm to this office letter dt.27.09.2010 is awaited. The Committee decided to give last opportunity to reply failing which case will be decided on merits. Copy of reminder to be endorsed to RA also. To be re listed on 25.11.2010. 10 417
Case No.:11/14/85ALC3/2010
M/S. NEWBY TEAS OVERSEAS PVT.LTD., Status: Deferred HQ File :01/85/050/00048/AM11/ RLA File :02/24/040/00023/AM11/ Lic.No/Date:0210142915 04.06.2010 The case was considered by the committee as per agenda. It was noted that the reply from the applicant firm to this office letter dt.27.09.2010 is awaited. The Committee decided to give last opportunity to reply failing which case will be decided on merits. Copy of reminder to be endorsed to RA also. To be re listed on 25.11.2010. 11 418
Case No.:9/21/85ALC3/2010
M/S. JABS INTERNATIONAL PVT.LTD. Status: Deferred HQ File :01/85/050/00077/AM11/ RLA File :03/94/040/00057/AM11/ Lic.No/Date:0310570575 21.04.2010 The case was considered by the committee as per agenda. It was noted that the comments are awaited from the Spices Board. Committee decided that Spices Board may be reminded to expedite their comments. To be relisted on 25.11.2010. 12 419
Case No.:8/21/85ALC3/2010
M/S. JABS INTERNATIONAL PVT.LTD. Status: Deferred HQ File :01/85/050/00076/AM11/ RLA File :03/94/040/01119/AM10/ Lic.No/Date:0310566251 24.03.2010 The case was considered by the committee as per agenda. It was noted that the comments are awaited from the Spices Board. Committee decided that Spices Board may be reminded to expedite their comments. To be relisted on 25.11.2010. 13 420
Case No.:1/21/85ALC3/2010
M/S. CHHAJED FOODS PRIVATE LIMITED, Status: Deferred.
HQ File :01/85/050/00069/AM11/ RLA File :08/24/040/00146/AM11/ Lic.No/Date:0810091487 20.08.2010 The case was considered by the committee as per agenda. It was noted that the comments are awaited form MFPI .Committee decided that MFPI may be reminded to expedite their comments. Case may also be forwarded to MSME. To be relisted on 25.11.2010. 14 421
Case No.:1/20/85ALC3/2010
M/S. MITTULAUL LALAH AND SONS 28.10.2010 Status: Deferred HQ File :01/85/050/00066/AM11/ RLA File :04/24/040/00124/AM11/ Lic.No/Date:0410116337 17.08.2010 The case was considered by the committee as per agenda. It was noted that the comments are awaited form Spices Board. Committee decided that Spices Board may be reminded to expedite their comments. To be relisted on 25.11.2010. 15 422
Case No.:7/21/85ALC3/2010
M/S. JINDAL DRUGS LIMITED Status: Deferred HQ File :01/85/050/00075/AM11/ RLA File :03/94/040/00154/AM11/ Lic.No/Date:0310574340 14.05.2010 The case was considered by the committee as per agenda. The Committee decided to link earlier case . To be relisted in the next meeting on 11.11.2010. 16 423
Case No.:2/21/85ALC3/2010
M/S. CHOICE TRADING CORPORATION PRIVATE LIMITED Status: Deferred HQ File :01/85/050/00070/AM11/ RLA File :10/24/040/00033/AM11/ Lic.No/Date:1010039891 20.08.2010 The case was considered by the committee as per agenda. It was noted that comments are awaited from MPEDA. The Committee decided that MPEDA may be reminded to expedite their comments.
To be relisted on 25.11.2010 17 424
Case No.:3/16/85ALC3/2010
M/S. ALKALOIDS CORPORATION Status: Deferred HQ File :01/85/050/00054/AM11/ RLA File :02/24/040/00051/AM11/ Lic.No/Date:0210144764 09.07.2010 The case was considered by the committee as per agenda. It was noted that the comments are awaited form AYUSH Committee decided that AYUSH may be reminded to expedite their comments. To be relisted on 25.11.2010. 18 425 M/S. LUBRIZOL ADVANCED MATERIALS INDIA PVT. LTD., BARODA Status: Deferred HQ File :01/85/162/126/AM11 Ref. from KASEZ, GandhidhamKutch No. KASEZ/100% EOU/II/9596/Vol.I/7878 dt. 14.07.2010. Fixation of SION for export product Cassia gum Powder against import of Cassia Gum or Cassia Split. The case was considered by the committee as per agenda. It was noted that the comments are awaited from the Spices Board/MFPI. Committee decided that Spices Board/MFPI may be reminded to expedite their comments. To be relisted on 25.11.2010. 19 426
Case No.:1/25/85ALC3/2010
M/S. PENNAR ENGINEERED BUILDING SYSTEMS LTD Status: Deferred HQ File :01/85/050/00094/AM11/ RLA File :09/24/040/00217/AM11/ Lic.No/Date:0910043887 13.10.2010 The case was considered by the committee as per agenda. It was noted that hard copy of application is not received. RA may be reminded. When received case may be forwarded to DIPP for their comments. T o be relisted on 25.11.2010. 20 427
Case No.:2/25/85ALC3/2010
M/S. PENNAR ENGINEERED BUILDING SYSTEMS LTD Status: Deferred HQ File :01/85/050/00095/AM11/ RLA File :09/24/040/00172/AM11/ Lic.No/Date:0910043888
13.10.2010 The case was considered by the committee as per agenda. It was noted that hard copy of application is not received. RA may be reminded. When received case may be forwarded to DIPP for their comments. To be relisted on 25.11.2010. 21 428
Case No.:3/25/85ALC3/2010
M/S. SUKASO CERACOLORS P.LTD., Status: Deferred HQ File :01/85/050/00096/AM11/ RLA File :09/24/040/00310/AM11/ Lic.No/Date:0910043938 15.10.2010 Defer Date: The case was considered by the committee as per agenda. It was noted that hard copy of application is not received. RA may be reminded. When received case may be forwarded to Deptt of C & PC for their comments. T o be relisted on 25.11.2010. 22 429 M/S. RAJ AGRO PRODUCTS PVT. LTD., HYD Status: Rejected HQ File :01/85/162/0017/AM11 Clarification under DFIA Scheme regarding import of Starch. The case was considered by the committee as per agenda. Committee noted the comments received from MSME vide letter No.16(2) 2007 dt. 16.09.2010 and decided that Tapioca starch cannot be allowed against Item No. 1 of SION E5. Applicant may be informed accordingly. 23 430 M/S. SBL LTD. Status: Transfer HQ File :01/94/180/141/AM09/PC4 Import of Lactose as an alternate item for sugar under DFIA. The case was considered by the committee as per agenda. As per the decision of NC on 10.06.2010, a letter was issued to Customs, Chennai & Raigad on 17.06.2010 requesting that no further import of lactose may be allowed for DFIA as an alternative input to Sugar under SION E1 & E5 till the exercise of checking accountability of lactose usage in export product is completed by the Norms committee. A letter dated 26.08.2010 has been received from Customs Chennai intimating that assessment of lactose under DFIA licence has been stopped after 25.06.2010 i.e. after receipt of DGFT letter dated 17.06.2010. Ten consignments of lactose were cleared between 17.06.2010 and 25.06.2010. Customs Chennai has requested to know whether action is required to be taken for goods cleared during 17.06.2010 to 25.06.2010. Committee decided that case may be forwarded to Policy Division for necessary action. M/S. NEWBY TEAS OVERSEAS PVT. LTD., 24 PARGANA M.No. 25/11 dt. 28.10.2010 Status: Deferred DGFT File No. RLA F.No. Adv. Lic. No. & Date
24 431 F.No. 01/85/50/198/AM10 02/24/40/186/AM10 0210136204 dt. 07.01.10 25 432 F.No. 01/85/50/088/AM10 02/24/40/071/AM10 0210130817 dt. 25.08.09 26 433 F.No. 01/85/50/089/AM10 02/24/40/073/AM10 0210130818 dt. 25.08.09 27 434 F.No. 01/85/50/203/AM10 02/24/40/192/AM10 0210136695 dt. 19.01.10 28 435 F.No. 01/85/50/179/AM10 02/21/40/135/AM10 0210131904 dt. 23.09.09 29 436 F.No. 01/85/50/115/AM10 02/24/40/103/AM10 0210131318 dt. 10.09.09 30 437 F.No. 01/85/50/202/AM10 02/24/40/191/AM10 0210136694 dt. 19.01.10 31 438 F.No. 01/85/50/102/AM10 02/24/40/074/AM10 0210131067 dt. 02.09.09 32 439 F.No. 01/85/50/103/AM10 02/24/40/084/AM10 0210131068 dt. 02.09.09 33 440 F.No. 01/85/50/104/AM10 02/24/40/085/AM10 0210131069 dt. 02.09.09 34 441 F.No. 01/85/50/105/AM10 02/24/40/086/AM10 0210131070 dt. 02.09.09 35 442 F.No. 01/85/50/031/AM11 02/24/40/026/AM11 0210142921 dt. 04.06.10 36 443 F.No. 01/85/50/129/AM10 02/24/40/131/AM10 0210132076 dt. 01.10.09 37 444 F.No. 01/85/50/101/AM10 02/24/40/066/AM10 0210131053 dt. 01.09.09 38 445 F.No. 01/85/50/260/AM10 02/24/40/232/AM10 0210138821 dt. 04.03.10 39 446 F.No. 01/85/50/201/AM10 02/24/40/187/AM10 0210136644 dt. 18.01.10 40 447 F.No.01/85/50/0074/AM10 02/24/40/065/AM10 0210129606 dt. 28.07.09 The cases were considered by the committee as per agenda. It was noted that reply is awaited from the applicant firm in regard to wastage sought for Tea. The Committee decided that the Company may be reminded to furnish the reply with in 15 days failing which the case will be considered on merits and decided. To be relisted on 25.11.2010.
23 448 M/S. NANDLAL BANKATLAL PVT. LTD., MUMBAI Status: Transfer HQ File :01/85/162/135/AM10 Import of Mannitol as an alternate item for sugar under DFIA Scheme. 1. Request of M/s Nandlal Bankatlal Pvt. Ltd is for a clarification regarding import of Mannitol as an alternate product of Sugar under DFIA. It was recalled that in this case, on submission of file to DG by Policy Division, DG remarked that “accountability for the alternative raw material in the export product has to be ensured. The said conditions needs to be imposed in respect of ‘Lactose’ if it is not there at present. Mannitol can be examined similarly. Second, the question to be seen for alternative input is also not whether the input can be used, but whether the input is actually used. For this, the Norms Committee may need to see/examine the data of representative company(ies) backed by a certificate of C.A. & thereby verify that the alternative material is actually used.” 2. In the light of the above, Norms Committee in the meeting held on 10.6.2010 decided that M/s. Nandlal Bankatlal Pvt. Ltd may be asked to confirm ( i ) Whether Manniatol is actually used in the export product for which they obtained DFIA. ( ii ) If yes, applicant may submit proof as per Appendix 23 of HBP, Vol. I along with Central Excise data indicating the quantity of mannitol used for each specific DFIA. ( iii ) Data for at least three representative companies/firms may be given, duly recommended by FIEO/EPC 3. It was noted that after several reminders, reply dated 20.10.2010 from M/s. Nandlal Bankatlal Pvt. Ltd has been received , in which it is stated that they are importer and trader of Mannitol and purchase DFIA from market. They do not know any exporter directly and also do not know the manufacturing process of the export product. M/s. Nandlal Bankatlal Pvt. Ltd has not provided any information about the actual use of Mannitol in the export product. 4. Technical comments of MSME conveyed vided their I.D. Note No. 17 (4 )/172004 dated 22.9.2010 is that Mannitol could be used as sugar substitute upto 40 % of confectionary weight only in specific varieties of confectionary i.e. low calorie and sugar free varieties. Direectorate of Sugar vided their letter No. 901/2009ES dated 11.9.2009 read with letter No. 91/2009ES dated 3.9.2010 has stated that excessive use of Mannitol is prohibited on health ground. 5. It was recalled that Committee in the Meeting No. 24/AM11 held on 21.10.2010 in another case (No. 387 ) pertaining to a reference from the Forum of Consumer Affairs had recommended that pending review of SIONs E1 & E5 a policy circular may be issued prohibiting import of (i) Tapioca Starch & Wheat Gluten against import item No. 1 of SION E5 and ( ii ) Lactose/Fructose/Maltose/Mannitol/Sodium Saccharin against item No. 2 of SION E5 and item No. 1(a) of SION E1. 6. After further deliberation in this case, based on the comments of representative of MSME the Committee came to the conclusion that Mannitol cannot be imported under SION E1 & E5 for manufacture of general purpose biscuits and general purpose confectionary. Therefore, import of Mannitol cannot be allowed for DFIAs issued under E1 & E5. 7. The Committee decided that based on above and the facts of the case, Policy Division may decide and convey the decision to the exporter accordingly. xxx
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