Government
of India
Ministry of Commerce and Industry
Department
of Commerce
Directorate General of
Foreign Trade
Policy Circular No.13(Re-2006)/2004-09
To,
All
Licensing Authorities
All
Customs Ports
Subject: Clarification regarding
meaning of term ‘Duty’ under Para 3.2.5 of Handbook
of Procedures,Vol.I(EXIM
Policy, 2002-07) and
Attention is invited to Para 3.2.5 of Handbook of
Procedures (Vol.I) of EXIM Policy (2002-07) as
amended vide Public Notice 42 dated 06/01/2005 and Para 3.7.6 of Foreign Trade
Policy 2004-09 which gives details of imports allowed for utilizing DFCE issued
under DFCE for Status Holder Scheme (for exports with effect from 01/04/03 till
31/03/2004) and Target Plus Scheme (for exports with effect from 01/04/04 till
31/03/2006).
2. The word “Duty” appears in Para
3.2.5 of Handbook of Procedures (Vol.I) of EXIM
Policy (2002-07) and Para 3.7.6 of Foreign Trade Policies
issued on 31.03.2004 and revised Foreign Trade Policy 2004-2009 (updated as on
31.03.2005) states; where import of Agricultural
Products listed in Chapter 1 to 24 of ITC (HS) Classification of Export and
Import items except the following were allowed:
(i)
Garlic, Peas and all other Vegetables
with a Duty of more than 30% under Chapter 7 of ITC (HS)
Classification of Export and Import items.
(ii)
Coconut, Areca Nut, Oranges, Lemon, Fresh
Grapes, Apple and Pears and all other fruits with a Duty of more
than 30% under Chapter 8 of ITC (HS) Classification of Export and Import items.
(iii)
All spices with a Duty of
more than 30% under Chapter 9 of ITC (HS) Classification of Export and Import
items (except Cloves) in addition to other items listed in the
3. Representations have been received from
various quarters seeking clarification regarding the meaning of term ‘duty’
appearing in the above sub-paragraphs (i), (ii) &
(iii) of Para 3.2.5 of Handbook of Procedures (Vol.I) of EXIM Policy (2002-07) and sub paragraph (i), (ii) and (iii) of Para 3.7.6 of Foreign
Trade Policy.
4. The matter has been examined and it is
clarified that the term ‘Duty’ appearing in above sub-paragraphs means ‘ Basic Customs Duty’ only.
5. This issues with the approval of Director
General of Foreign Trade.
Sd/-
(Subhash R)
Assistant
Director General of Foreign Trade
(Issued from F.No. 01/94/180/233/AM07/PC-I)