DGFT Committee Minutes
DIRECTORATE GENERAL OF FOREIGN TRADE DESVI (FOOD & MISC) Minutes of the meeting No. 16/14 of NCVI held on 31.10.2013 Meeting No. 16/14 for the licensing year 201314 to consider cases under Duty Exemption Schemes (Chapter4) of Foreign Trade Policy 200914 pertaining to Misc. & Food Products was held on 31.10.2013 under the Chairmanship of Sh. S.K.Samal. Jt. DGFT. Following members were present in the meeting. S.N Name of the Officer Designation Department 1. Sh. J.P. Maurya A.I.A MFPI 2. Sh. A.K.Ojha A.D MSME Officers in attendance 1. Sh. Yoginder Singh DDG DGFT The minutes of the meeting No. 15/14 held on 17.10.2013 sent by e mail to all members of the committee, were ratified by the members. 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 2 years as per para4.7.1(b) of Hand book of procedure (vol1) 200914 updated as on 5.6.2012. 1 598
Case No.:12/5/85ALC3/2013
Party Name:TATA COFFEE LIMITED, Meet No/Date:16/85ALC3/2013 31.10.2013 Status: HQ File :01/85/050/00033/AM14/ RLA File :07/24/040/00512/AM13/ Lic.No/Date:0710094512 27.03.2013 Deferred The case was discussed and noted that the comments are awaited from MFPI. Committee decided to remind MFPI to expedite their comments. The case is deferred and to be placed before NC on 28.11.2013 2 599 Party Name:SIGNATURE ESATES 31.10.2013 Status: HQ File :01/85/050/040/AM12 RLA File :02/24/040/034/am12 Lic.No/Date:0210159359 23.05.2011 Deferred The case was discussed and noted that the comments are awaited from MFPI. Committee decided to remind MFPI to expedite their comments. The case is deferred and to be placed before NC on 28.11.2013 3 600 Party Name:MORDE FOODS Status:
Case No.:4/16/85ALC3/2013
PVT.LTD. 31.10.2013 HQ File :01/85/050/00103/AM14/ RLA File :03/95/040/00396/AM14/ Lic.No/Date:0310745593 16.08.2013 Deferred It was decided to remind MFPI to expedite their comments. Also decided to call for a copy of export order pertaining to this case including 3 years manufacturing and export of this specific item duly certified by a C.A. The case is deferred and to be placed before NC on 28.11.2013. 4 601 Party Name:KAMLA INTERNATIONAL Meet No/Date:16/85ALC3/2013 31.10.2013 Status: HQ File :01/85/050/067/AM13 RLA File :09/24/040/0574/AM12 Lic.No/Date:0910051777 15.03.2012 Deferred The input out put norms against this advance authorisation has already been ratified by the norms committee in its meeting No. 3 held on 02.5.2013 . The firms request for review of norms was discussed in the meeting and it was noted that ; First of all, the indigenous inputs are not indicated in the appropriate column of the application Secondly, MFPI representatives is of the view that in such items quantity to quantity match between imports & exports is not acceptable argument as some of the ingredients required for the end – products are neither incorporated in the list of the imported inputs nor in the indigenous items column. However written comments were invited from the MFPI. The case is deferred and to be placed before NC on 28.11.2013. 5 602 Party Name:KAMLA INTERNATIONAL Meet No/Date:16/85ALC3/2013 31.10.2013 Status: HQ File :01/85/050/065/AM13 RLA File :09/24/040/0573/AM12 Lic.No/Date:0910051782 16.03.2012 Deferred The input out put norms against this advance authorisation has already been ratified by the norms committee in its meeting No. 3 held on 02.5.2013 . The firms request for review of norms was discussed in the meeting and it was noted that ; First of all, the indigenous inputs are not indicated in the appropriate column of the application Secondly, MFPI representatives is of the view that in such items quantity to quantity match between imports & exports is not acceptable argument as some of the ingredients required for the end – products are neither incorporated in the list of the imported inputs nor in the indigenous items column. However written comments were invited from the MFPI. The case is deferred and to be placed before NC on 28.11.2013. 6 603 Party Name:RAVI Meet No/Date:16/85 Status:
FOODS PVT. LTD ALC3/2013 31.10.2013 HQ File :01/85/050/025/AM13 RLA File :09/24/040/429/AM12 Lic.No/Date:0910051657 09.03.2012 Deferred The input out put norms against this advance authorisation has already been ratified by the norms committee in its meeting No. 3 held on 02.5.2013 . The firms request for review of norms was discussed in the meeting and it was noted that ; First of all, the indigenous inputs are not indicated in the appropriate column of the application Secondly, MFPI representatives is of the view that in such items quantity to quantity match between imports & exports is not acceptable argument as some of the ingredients required for the end – products are neither incorporated in the list of the imported inputs nor in the indigenous items column. However written comments were invited from the MFPI. The case is deferred and to be placed before NC on 28.11.2013. 7 604
Case No.:2/33/85ALC3/2012
Party Name:MAGHIRAM AND SONS Meet No/Date:16/85 ALC3/2013 31.10.2013 Status: HQ File :01/85/050/00149/AM13/ RLA File :30/24/040/00041/AM13/ Lic.No/Date:3010090091 23.11.2012 Deferred The case was discussed and it was noted that the comments are awaited from MSME. Committee decided to remind MSME to expedite their comments. The case is deferred and to be placed before NC on 28.11.2013 8 605
Case No.:14/5/85ALC3/2013
Party Name:NATURAL & ESSENTIAL OILS PVT.LTD., 31.10.2013 Status: HQ File :01/85/050/00035/AM14/ RLA File :07/24/040/00012/AM14/ Lic.No/Date:0710094962 22.04.2013 Approved The case was discussed and noted the comments furnished by MFPI vide their OM No. 4(13)/2013DGFT dated 13.08.2013 and decided to approve the case as per the written comments of MFPI, subject to change in the description of export product from Green coffee extracts (chlorgenic Acid ) to Green Coffee Robusta Cherry extracts (Chlorgenic Acid 100%)as under: Export Item Qty. Import Item Qty Green Coffee Robusta Cherry extracts (Chlorgenic Acid 100%) 1260.00Kg Green Coffee Beans Robusta Cherry Beans 10080.00Kg RA may take consequential action as per policy/procedures.
9 606
Case No.:13/5/85ALC3/2013
Party Name:MITTULAUL LALAH AND SONS 31.10.2013 Status: HQ File :01/85/050/00034/AM14/ RLA File :04/24/040/00013/AM14/ Lic.No/Date:0410145202 16.04.2013 Referred back to RA. The case was discussed and it was noted that SION is fixed for this item at E56. In such cases, NC will not fix any adhoc norms under para 4.7 of HBP, Vol.I. RA to take consequential action as per policy provision. The Advance Authorisation to be revised as per SION. 10 607 Party Name:REF. FROM MPEZ (M/S. NESTLE INDIA LTDan EOU UNIT). 31.10.2013 Status: Deferred F.No.:01/85/161/176/AM13 Fixation of wastage norms for export product ‘Rooibos Instant Tea’. The case was discussed and it was noted that the comments are awaited from MFPI. Committee decided to remind MFPI to expedite their comments. The case is deferred and to be placed before NC on 28.11.2013 11 608 Party Name:TEESTA VALLEY EXPORTS LTD 31.10.2013 Status: HQ File :01/85/50/186/AM07 RLA File :02/24/40/253/AM07 Lic.No/Date:0210096424 18.12.2006 Approved The case was discussed in the meeting and it was noted that the case was rejected by NC on following two ground :. (1) The party is not meeting the criteria of 100% value addition for export of Tea in terms of provision of para 4.1.6 of the then FTP (2) The value of import item packing material is too high As regard ground (1), the applicant now claims vide their letter dated 26.08.2013 to have fulfilled Value Addition of more than 100% required in this case. As regard ground No. (2) high value of import item is not the concern of NC. Hence, it was decided to ratify the adhoc norms for import of packing material as per policy governing import of packing material subject to 100% VA to be verified by RA.
12 609 Party Name:ICON DESIGNS 31.10.2013 Status: HQ File :01/85/162/153/AM12 RLA File :06/24/040/002/AM123/ Lic.No/Date:0610021574 13.04.2011 Deferred The case was discussed and it was noted that the information are awaited from the firm. The committee decided to send the second reminder to the applicant to expedite the information sought by MSME(Mechanical division). The case is deferred and to be placed before NC on 28.11.2013 13 610
Case No.:8/10/85ALC3/2013
Party Name:KF BIOPLANTS PRIVATE LIMITED 31.10.2013 Status: HQ File :01/85/050/00066/AM14/ RLA File :31/83/040/00031/AM14/ Lic.No/Date:3110058561 31.05.2013 Approved Committee decided to ratify the adhoc norms as per the written comments of Deptt of Biotechnology vide theirOM No. BT/IL/05/318/2010PID dated 14.10.2013 as under:
Export Item Qty. Sl. No. Import Item Qty. Tissue Culture Plants 1.00 Million 1 Ammonium nitrate 40.00Kg 2 Potassium nitrate 47.50Kg 3 Potassium di hydrogen ortho phosphate 4.5Kg 4 Magnesium Sulphate H2O 11.25Kg 5 Calcium chloride dihydrate 11.00Kg 6 Manganese Sulphate 0.15Kg 7 Zinc sulphate Heptahydrate 0.2Kg 8 Boric acid 0.15Kg 9 Potassium iodide 20gm. 10 Ferric Sodium Salt EDTA 0.85Kg 11 Sodium Molybdate Dehydrate 10gm. 12 Copper Sulphate 12.5gm.. 13 Cobalt Chloride hexahydrate 1.25gm. 14 Pyridoxine 25gm. 15 Nicotinic Acid 25gm. 16 Glycine 0.15Kg 17 Myo Inositol 2.00Kg 18 Sodium Dihydrogen Ortho phosphate 0.5Kg 19 Benzyl Aminopurine6 05gm. 20 Kinetin 25gm. 21 Indole Acetic Acid 25gm. 22 Indole Butyric Acid 2.5gm. 23 Dimethylallylamino Purine 2.5gm. 24 Meta Topolin 1.25gm. 25 Crystal Sugar 1050Kg 26 Gerlite 15.00Kg 27 Adenine sulphate 0.1Kg 28 24 Dichlorophenoxyacetic acid 24 5.00gm. 29 Gibrellic acid 4+7 1gm. 30 Absisic Acid 1.25gm. 31 Carrageenan lota type 0.25Kg RA may take consequential action as per policy/procedures.
14 611 Party Name: REF FROM COMMISSIONER OF CUSTOMS, MUMBAI 31.10.2013 Status: F.No. 01/85/162/046/AM14 Clarified Clarification whether the letter dated 30.07.2007 issued by DGFT Authority, Hyderabad in respect of DFRC Licence indicating that Wheat Gluten Flour is a Wheat Flour with specific technical characteristics, is applicable to ‘Wheat Gluten Amygluten 160’ as alternative inputs against import list item i.e. Wheat Flour under DFIA Scheme AND Whether DGFT Circular No. 13 dated 31.01.2011 is applicable to the Duty Free Import Authorisation prior to the date of issuance of this Circular dated 31.01.2011. The case was discussed in the meeting and Committee noted the written comments of MFPI furnished vide their letter No. 4(3)/2013DGFT dated 30.10.2013 quoting references of technical literature some of which are as under: i) “Gluten Flour is milled to have a high level gluten and a low starch content and is used primarily by bakers for dietectic breads, or mixing with other flours of a lower protein content”(KirkOthmer Encyclopedia of Chemical Technology 5th Edition Volume 26 Page No. 284). ii) “Gluten Flour also highgluten flour. Hardwheat flour treated to remove much of the starch, leaving a high amount of protein (often 40 to 80 per cent used for adding extra rising power to bread recipes that call for a large amount of lowergluten flour, such as rye. It is considered too high in protein to be used on its own in bread recipes”. (The Food Encyclopaedia – Jacques L. Rolland and Carol Sherman – Page No. 269). iii) “Bakery Product: Biscuits: including wafer biscuits shall be made from Maida, vanaspati or refined edible oil or table butter or desi butter or margarine or ghee or their mixture containing any one or more of the following ingredients namelyEdible common salt, butter, milk powder, cereals and their products, cheese, cocoa, coffee extract, edible desiccated cocoanut, dextrose, fruit and fruits products, dry fruit and nuts, egg, edible vegetable products, ginger, gluten, groundnut flour, milk and milk products, honey, liquid glucose, malt products, edible oilseeds, flour and meals, spices and condiments, edible starches such as potato starch and edible flours, sugar and sugar products, invert sugar, jiggery, protein concentrates, oilgo fructose (max 15%) vinegar and other nutrients and vitamins. (The Food and Safety Standards Act2006 Page No. 275). iv) “Vital Wheat Gluten Flour also called ‘gluten flour’. Instant gluten flour” and “vital wheat gluten, depending on vendor and manufacturer. This is flour with the starch and bran removed. Gluten is the natural protein of the wheat endosperm which, when combined with water, forms a tasffy like dough. This retains the gas and steam from baking. MFPI in their said letter stated that in view of the technical book references, Food and Safety Standard Act, 2006 and technical opinion given by the MSMEDevelopment Institute, Mumbai,(Letter No. Chem/ Gen 0708/331 dated 28.9.07 enclosed by MFPI) shows that Vital Wheat Gluten /Gluten Flour is used in the manufacturing of biscuits or protein enrich biscuits.The representative of MFPI clarified that “ wheat gluten Amygluten 160 “is also a type of “ wheat gluten flour “ The committee also perused the file and letter of M/s Uni Colloids Impex Pvt. Ltd. dated 14.10.2013 The said letter enclosed appeal order No. 164/Mumbai III/2011 dated 12.9.2011 passed by the Commissioner of Customs , Mumbai (Appeals) in the case of M/s. Uni Colloids Impex Pvt. Ltd).The said appellate order allowed benefit of treating the wheat gluten in powder form as input under the category Flour. In view of the above, Committee decided to convey the aforesaid written comments furnished by MFPI along with the appellate order of Customs to PC4 Section for necessary action at their end.
15 612
Case No.:4/7/85ALC3/2013
Party Name:DINESH SARAOGI 31.10.2013 Status: HQ File :01/85/050/00041/AM14/ RLA File :02/24/040/00021/AM14/ Lic.No/Date:0210189909 23.05.2013 Deferred The case was discussed in the meeting and it was noted that the firm has furnished the reply along with sample of raw material. The committee decided to forward the firm’s reply with sample to MSME(Chem) for their comments.. The case is deferred and to be placed before NC on 28.11.2013. 16 613
Case No.:2/16/85ALC3/2013
Party Name:WESTERN INDIA CASHEW COMPANY (P) LTD., 31.10.2013 Status: HQ File :01/85/050/00101/AM14/ RLA File :32/24/040/00014/AM14/ Lic.No/Date:3210068302 09.10.2013 Referred back to RA . The case was discussed in the meeting and noted that the item of import is not permissible for Advance Authorisation under para 4.7 of HBP, Vol.I. RA concerned may be informed of this and requested to take consequential action. R A may also be requested to clarify as to how Advance Authorisation was issued for this import item under para 4.7 od HBP Vol – 17 614
Case No.:3/16/85ALC3/2013
Party Name:WESTERN INDIA CASHEW COMPANY (P) LTD., 31.10.2013 Status: HQ File :01/85/050/00102/AM14/ RLA File :32/21/040/00068/AM14/ Lic.No/Date:3210065197 24.07.2013 Referred back to RA The case was discussed in the meeting and noted that the item of import is not permissible for Advance Authorisation under para 4.7 of HBP, Vol.I. RA concerned may be informed of this and requested to take consequential action. R A may also be requested to clarify as to how Advance Authorisation was issued for this import item under para 4.7 od HBP Vol –I
18 615
Case No.:12/10/85ALC3/2013
Party Name:SABARIGIRI EXPORTS 31.10.2013 Status: HQ File :01/85/050/00070/AM14/ RLA File :53/24/040/00002/AM14/ Lic.No/Date:5310016878 21.06.2013 Deferred The case was discussed and decided to refer the case to MSME. The case is deferred and to be placed before NC on 28.11.2013. 19 616
Case No.:1/16/85ALC3/2013
Party Name:STAR VET CHEM PVT LTD 31.10.2013 Status: HQ File :01/85/050/00100/AM14/ RLA File :32/24/040/00004/AM14/ Lic.No/Date:3210064990 11.07.2013 Deferred The case was discussed in the meeting. The committee noted that under para 4.7(b) of HBP, Vol.I, any feed ingredients containing Vitamins has to be applied for under para 4.4.2 of HBP, VolI . Hence, RA concerned may be requested to clarify as to how subject AA was issued under para 4.7 of HBP V.I. Applicant may also be informed about this. The case is deferred and to be placed before the committee on 28.11.2013. 20 617 Party Name:CRI Ltd 31.10.2013 Status: HQ File :01/85/162/126/AM13 RLA File :02/24/040/010/AM13 Lic.No/Date:0210178029 30.05.2012 Deferred Committee decided to call for the following information from the firm as per DIPP letter No. 12/87/2013TSW/617 dated 31.10.2013 as under: 1. Quantity of import item has been allowed taking blank size as “2 mm (dia) x 9.6 mm (length )’’ and after taking 50 % recovery from scrap generated during the manufacturing process. 2. Accordingly to the firm , resale value of brass scrap generated during the manufacturing process is practically “Nil “. Firm may be asked to submit documentary evidence like sale invoice etc. in support of the sale price of brass scrap. xxxxxxxxxx
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