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REGISTERED NO. D. 221

The Gazette of India

EXTRAORDINARY

PART I—Section 1

PUBLISHED BY AUTHORITY

No. 74] NEW DELHI, WEDNESDAY, MAY 29, 1963/JYAISTHA 8, 1885

MINISTRY OF COMMERCE AND INDUSTRY

PUBLIC NOTICES

IMPORT TRADE CONTROL

New Delhi, the 29th May 1963

SUBJECT:—Import of tobacco from U.S.A. under the Agricultural Commodities Agreement between the U.S.A. and India under U.S. Title I of the Agricultural Trade Development and Assistance Act of 1954 as amend- ed (U.S. P.L. 480).

No. 49-ITC(PN)/63.—Attention of the importers is invited to Ministry of Commerce and Industry Public Notice No. 60-ITC(PN)/62, dated 1st June, 1962, setting out the general procedure applicable to Imports of unmanufactured tobacco from U.S.A. under the Agricultural Commodities Agreement between the U.S.A. and India. The procedure outlined in Public Notice No. 60-ITC(PN)/62, dated 1st June, 1962, with certain modifications will be applicable to .imports of un- manufactured tobacco and/or tobacco products from U S.A. against fresh Purchase Authorisation No. PA-39-94. dated 18th April, 1963, issued by the U.S. Government. It may be noted that the cost for ocean transportation of unmanufactured tobacco under this programme will be financed upto a certain limit against the purchase authorisation No. PA-39-94 O.T. dated 18th April, 1963, which is reproduce in Annexure I-B to this Public Notice.

(2) A fresh purchase Authorisation No. PA-39-94, dated 18th April, 1963, (Annexure 1-A) has been issued by the U.S. Government for approximately—1100 Metric tons of unmanufactured tobacco from 1962 or prior crop years for the amount of $ 2,500,000, As specified in this Purchase Authorisation the contracting period will be from the 21st May, 1963 to 30th November, 1963 and the delivery period will be from the 21st May, 1963 to 31st December, 1963. The conditions specified in this Purchase Authorisation are reproduced in Annexure I-A to this Public Notice. Similarly, the delivery period as indicated in PA No. 39-94-OT dated 18th April, 1963. which has been issued for financing the ocean transportation of unmanufactured tobacco will be from 21st May, 1963 to 31st December, 1963 The conditions specified in PA-39-94-OT are reproduced in Annexure—I-B. The importers should fully familiarise themselves with all the regulations and provi- sions of Purchase Authorisation Nos. PA-39-94 and 39-94-OT and should ensure by informing their suppliers in the U.S.A that none of the regulations governing the sale of unmanufactured tobacco issued' by the U.S. Department of Agriculture are violated.

(3) Against the aforesaid Purchase Authorisation, the Government of India will issue import permits (hereinafter referred to as sub-authorisations) in the form reproduced in Annexure II which will be governed by the conditions reproduced in Annexure III. Any further conditions that may become necessary to govern the said imports will be published from time to time

(857)

(4) Importers will be permitted to purchase tobacco covered by the above sub- authorisation from the open market In the U.S.A.

(5) The price must specifically be stated in the contracts entered into by im- porters in India with suppliers in the U.S.A.

(6) Applications will be entertained for import of unmanufactured tobacco from 1962 or prior crop years from U.S.A. required for cigarette manufacture, pipe tobacco and cigar wrapper tobacco from Actual Users only. Such applications shall be made by registered post with acknowledgement due to the Chief Controller of Im- ports and Exports, New Delhi, In the usual form and manner Riving the following information: —

I. Importer's grades Quantity in Kilograms

1

1

2

2

II. Details of the price of the goods in dollars and approximate rupee equivalent aa follows: —

(a) Commodity cost.

(b) Insurance charges.

(c) Ocean freight. It may be particularly stated if the insurances cnarfies will be Incurred in India and paid for in Indian rupees or whether Foreign Exchange would require to be remitted for the same. Similar information in respect "of freight charges stating separately the expendi- ture on ocean freight in.

(i) Dollars in respect of U.S.A. flag vessels.

(ii) Indian rupees and

(iii) Other foreign currency should also be furnished.

III. Approximate cost of ocean transport.

TV. Forts of entry in India (Import of Tobacco against the sub-authorisation to be Issued in terms of this Public Notice will be allowed only through the Sea Ports of Bombay, Calcutta, Madras, Cochin and Visakhapatnam and the airports of Calcutta, New Delhi, Bombay and Madras).

V. Name and address of the importer's Bank In India.

(7) A bank guarantee in the following form should be attached with the applica- tion form: —

"We hereby guarantee that in respect of the tobacco imported under the sub-authorisation (Licence) granted in terms of this application, the rupee equivalent of the dollar disbursement representing the net f.o.b, commodity cost in the invoice made by the U.S. banks under the letters of credit established against the letter of commitment isswi by C C.C.. at the dollar ready selling rate of exchange for drafts and TT (delivery within 5 days) in effect on the date of each dollar disbursement by the U.S. designated bank as Indicated In the U.S. dollar rate list issued by the State Bank of India, Foreign Department, Calcutta, will be deposited into the U.S. Embassy Title Account In the Reserve Bank nf India, New Delhi, Immediately upon receipt of the shipping docu- ments.

We also guarantee that the rupee equivalent of the Dollar amount represent- ing the ocean transportation which is Initially paid by the U.S. designated bank against letters of credit established against ocean transportation purchase authorisation No. 39-94. OT assigned to that bank and subsequently reimbursed by C.C.C. (which will exclude freight differential if any) at the dollar ready selling rate of exchange for drafts and TT (delivery within 5 days) in effect on the date of re- imbursement of the dollar amount by the C.C C. to the U.S. designated bank as indicated in the U S. dollar rate list issued by the State Bank nf India, Foreign Department, Calcutta, will be deposited In the U.S. Embassy Title Account in the Reserve Bank of India, New Delhi,

immediately upon receipt of notification from the U.S. designated bank".

(8; As soon as the rupee equivalent of the net f.o.b. commodity cost and/or the net ocean transportation referred to above is credited Into the U.S. Title Account, the Banks In India must Inform the Chief Controller of Imports and Exports, New Delhi, accordingly, enclosing the receipts from the Reserve Bank and indicating the relevant P.A. No. and sub-authorisation No. to which the transaction relates and other information as follows;/—

(a) For rupee deposits for commodity cost.

1. Name of the Importer. 2. Purchase Authorisation number. 3. Letter of credit No, 4. Sub^authorisation number. 5. Name of the vessel. 6. Quantity of unmanufactured tobacco covered by the dollar disbursement. 7. Dollar amount disbursed by U.S. Bank. 8. Date of dollar disbursement by U.S. bank. 9. Exchange rate current on the date of dollar disbursement as notified by

the State Bank of India, Foreign Department, Calcutta.

JO. Rupee equivalent of the dollar disbursement calculated at the rate of exchange current on the date of dollar disbursement as notified by the State Bank of India, Foreign Department, Calcutta.

11. Amount of rupees deposited,

12. Date of deposit.

(b) For rupee deposits for ocean transportation,.

1. Name of the importer. 2. Purchase Authorisation number. 3. Letter of credit No, 4. Sub-authorisation number. 5. Name of the vessel. 6. Quantity of unmanufactured tobacco In respect of which the transporta-

tion cost has been reimbursed by C.C.C, In dollars.

7. Dollar amount reimbursed by C.C.C. 8. Date of dollar reimbursement by C.C.C. G, Exchange rate current on the date of dollar reimbursement as notified by the State Bank of India, Foreign Department, Calcutta.

10. Rupee equivalent of the dollar reimbursement by C.C.C. (after deducting the ocean freight differential, if any) calculated at the rate of exchange current on the date of dollar reimbursement as notified by the State Bank of India, Foreign Department, Calcutta.

11. Amount of rupees deposited.

12. Date of deposit.

(c) (Part I)—Ship Arrivals and Unloadings.

For each vessel arriving with Title I PL-480 cargo show:

Commodity

Condition •'

Name of vessel

Port of arrival

Metric tons

Disposition of cargo Date of arrival

Date un- loading completed

( 2)

(3)

(5)

( ?)

(4)

(6)

(8) (a) CO

(a) Stored, distributed locally, (hipped-.

(c) (Part II)—Compliance with PL-480 requirements on resale: —

Statement with reference to:

(1) Measures to prevent the resale or transhipment to other countries of

commodities furnished.

(2) Assurances that shipments have riot resulted in increased availability for export from India of these or like commodities; conclusions to this eilect should be supported by statistics and by reference to means used to carry out this provision.

This information should also be repeated to the Disbursing Officer, U.S. Embassy, New Delhi in duplicate and the Department of Economic Affairs, Ministry of Finance, New Delhi (one copy). It will be the sole responsibility of the import- er and/or his bankers in India to deposit the correct rupee amount into the U.S. Title account. The Chief Controller of Imports and Exports may please release the bank guarantee after he is satisfied that the amount has been correctly deposited £n the U.S. account.

(9) The importer and/or the bank concerned must furnish to the Chief Controller of Imports and Exports, New Delhi, any information which he may require in connection with the Import of unmanufactured tobacco under the above mentioned programme,

(10) Application form should clearly state the contracting and shipping period on the following basis: —

"Tobacco to be contracted between 21st May, 1963 to 30th November, 1983 (inclusive) for shipment between 21st May, 1963 to 31st December, 1963 (inclusive)".

(11) No contract entered into before the 21st May, 1963 will be eligible for being financed under P.As. No. 39-94 and 39-94-OT.

(12) Contract must be made on or before 30th November, lfltSU at a fixed price. Also it should be registered in the office of the Chief Controller of Imports and Exports, New Delhi.

(13) As regards ocean transportation prior approval of charters and bookings must be obtained from the Director Inventory Management Division Agricultural Stabilisation and Conservation Service, U.S. Department of Agriculture, Washington 25-DC. P.A No. 39-94-OT is issued for ocean freight only and under C.C.C. regulation l i. 4(d) (8) (ii): "Contracts for ocean transportation shall not be eligible for financing by C.C.C. if the supplier of the ocean transportation is also the supplier of the commodity, or is an affiliate of such supplier of the commodity, unless the supplier of ocean transportation is the owner of vessel named in form lOfJ, or is the operator of such vessel by time charter".

(14) As soon as a sub-authorisation is issued, the importer should request his bank in India referred to in the sub-authorisation through the Chief Controller of Imports and Exports, New Delhi, to arrange for the issuance of a letter of credit on the "U.S. Bank" referred to in the said sub-authorisation, "The U.S. Bank" which has been designated to operate the dollar line of credit for the commodity against PA. 39-94 and Ocean Transportation against PA. 39-94-OT is "Irving Trust Company, New York." The Chief Controller of Imports and Exports, New Delhi will then inform the said U.S. Bank of the name of the Importer's Bank in India authorised to open letter of credit against each sub-authorisation, indicating at the same time—

(i) Purchase Authorisation No. (ii) Sub^authorisation number (iii) Amount in dollars etc.

Cable charges will be recovered from the Importer. Importer's Bank in India will then arrange with the designated U.S. Bank for the establishment of letters of credit in favour of the supplier/carrier concerned within the amount allocated.

(15) The shipping documents will, as usual, be sent by the U.S. Bank to the Importer's bank in India. Immediately upon receipt of these documents, the bank in India should credit into the U.S; Embassy Title Account in the Reserve Bank of India, New Delhi, the rupee equivalent of the dollar disbursement representing the net f.o.b. commodity cost in the invoice made by the U.S. bank under the

letters of credit established against the letter of commitment issued by the C.C.C. at the rate of exchange in effect on the date of each dollar disbursement by the U.S. Bank. This rate of exchange will be the dollar ready selling rate for drafts and TT (delivery within five days) indicated for that date in the U.S. dollar rate lists issued by the State Bank of India, Foreign Department, Calcutta, which are circulated to all offices of the bank. Similarly, immediately upon receipt from the U S. designated bank of notification of reimbursement by C.C.C, the bank in India should credit into the U,S Embassy Title account in the Reserve Bank of India, New Delhi, the rupee equivalent of the dollar amount representing the ocean transportation (excluding freight differential If any) reimbursed by C.C.C. against ocean transportation purchase authorisation No. 39-94 OT assigned to that Bank, at the rate of exchange In effect on the date of reimbursement of the dollar amount by the C.C.C. to the U.S. designated Bank. This rate of exchange will also be the dollar ready selling rate for drafts and TT (delivery within 5 days) indicated for that date in the U.S. dollar rate lists issued by the State Bank of India, Foreign Department, Calcutta.

(16) In the event of a complaint by the Importer, the Importer should send to the Chief Controller of Imports and Exports, New Dei hi, and the Agricultural Attache, U S Embassy, New Delhi, a copy each of the impartial controller's report or arbitrator's report, If any, and the debit note in respect of the claims for damage or deficiency. Claims shall be settled by payment In U.S. dollars, the payment being remitted by the suppliers to the concerned bank in India of the importer for the account of the importer. This bank is to be named by the Importer on his notice of claims. Immediately upon settlement of claim for damage and deficiency in quality and weight, the import should notify the Chief Controller of Imports and Exports, New Delhi of the details. It is imperative that importers should receive the dollar claims in India and should in vo case arrange for their being credited to their accounts with the suppliers.

(17) The Issue of sub-authorisations will be stopped immediately the monetary ceiling allocated for this purpose is reached.

(18) Applications may be made to the Chief Controller of Imports and Exports, New Delhi; on an immediate basis and not later than the 29th June 1963. Applica- tions received after tliis date are liable to be rejected without reference to the applicants.

ANNEXUHE I-A TO PUBLIC NOTICE NO. 49-ITC(PN)/63, DATED 2$TH MAY, 1963.

COUNTRY

India

PAS FORM4H0-A (2-1-60)

AUTHORIZATION NO.

.FOREIGN AGRICULTURAL SERVICE U.S. DEPARTMENT OF AGRICULTURE

WASHINGTON 25, D.C.

39—94

AGREEMENT DATE

November 26, 1962 as amended

April, 1, 1963

AUTHORIZATION TO PURCHASE SURPLUS AGRICULTURAL COMMO- DITIES WITH FOREIGN CURRENCY (TITLE T, P. L. 4K0)

BASED ON APPLICATION NO.

AUTHORIZED

DATED / April iH, 196,1 /

39-9-1-A

AMOUNT $ 2,500,000

CONTRACTING PERIOD DESCRIPTION OF COMMODITY

FROM —

May 21, 1963

TO November, 10 1963 Unmanufaciured Tobncco and/or T°bucco

(foci.) Products (as described in Section I of the Special Provisions).

DELIVERY PERIOD

FROM

TO —

Muyji, 1963

December, "ji, 1963

(ind.)

The Importing country Is hereby authorised to enter Into contracts for the agricul- tural commodity named above subject to the provisions of the Regulations Governing the Financing of Commercial Salea of Surplus Agricultural Commodities for Foreign Currencies (24 Federal Register 8825) and any amendments thereto in effect on the date hereof, and subject to the terms, conditions, and special provi- sions specified herein or attached hereto.

1. Commodity Credit Corporation will finance the procurement of the above commodity by issuing Letters of Commitment, not In excess of the amount indicat- ed above, to the United States banking Institutions designated by the importing country.

2. This authorization is based on application number shown above. The representations, assurances, and conditions set forth in that application are in- corporated herein.

SIGNATURE FOR THE ADMINISTRATOR, FOREIGN AGRICULTURAL SERVICE U.S. DEPARTMENT OF

DATE OF ORIGINAL AUTHORIZATION :

AGRICULTURE

May 14, 1563

ACCElJ iANCK OF THE IMPORTING COUNTRY This authorization is hereby accepted.

FOR THE GOVERNMENT OF INDIA BY (AUTHORIZED SIGNATURE) DATE

I May I 14, 1963

AUTHORIZATION NO. 39-94 UNMANUFACTURED TOBACCO | COUNTRY: AND/OR TOBACCO PRODUCTS 1 INDIA.

SPECIAL PROVISIONS:

1, Quantity and Commodity.—Approximately 1,100 metric tons (basis unmanu- factured U.S. leal tobacco). The Government of India is authorized to purchase either unmanufactured U.S. leaf tobacco from 1962 as or prior crop years for tobacco products. In the case of tobacco products, CCC will finance a portion of the price of the tobacco product which represents the unmanufactured U.S. leaf tobacco used in the manufacture of such products as provided for in Section 2(e) of these Speqjtal Provisions.

2. Contracting-.—Only contracts entered into between importers and suppliers on or after 7 calendar days after the date of issuance of this authorization and on or before November 30, 1963, will be eligible for financing hereunder. The Government of India shall instruct Its importers to contract in accordance with the Regulations, and the provisions of this authorization.

(a) In the case of unmanufactured leaf tobacco sale and final settlement shall be based on:

(i) Tobacco Examination Report: (FAS Form 480-C) issued by the Farmer Programs Division, Agricultural Stabilization and Conserva- tion Service, United States Department of Agriculture, following examination at port of loading to vessel.

AND

(ii) In the case of tobacco examined at the loading pier: (FAS Form, 480-D), "Certification by Port Official with Respect to LOADING certain Tobacco".

or

In the case of tobacco examined at a public warehouse in the port area: (FAS Form 480-E) "Certification of warehouse Official with Res- pect to Consignment of Certain Tobacco" and (FAS Form 480-F). "Certification of Port Official with Respect of Receiving and Loading Certain Tobacco."

AND

(iii) Weight Certificate: (FAS Form 480-G) except that in the case of sale to an affiliate of the supplier, a packaging Certificate (FAS Form 480-G-I) may be substituted therefor.

(iv) Contracts: Immediately after the contract is signed, the supplier shall furnish by letter the following contract data to the Director, Farmer Programs Division, Agriculture Stabilization and Conserva- tion Service, Attention: Price Support Branch, United States Department of Agriculture, Washington 25, D.C

(1) Contract Data:

(i) Supplier's name and address, (ii) Purchase Authorization number, (iii) Country of destination. (iv) Commodity description including hogshead or shipping numbers, grade, number or rases, type, selling prico per hundredweight and crop year, if the tobacco is of 1956 or prior crops.

(v) Name and address of the sales agent, if any. (vi) Percentage of sales commission, if any, included in price.

(2) At least ten days prior to exnortation, the supplier must notify the Director, Farmer Programs Division, ASCK United States Department of Agri- culture, Attention: Price Support Branch. Washington 25, D.C, the dr1e and port of such delivery of tobacco under this authorization.

(b) In addition to other markings required hv the importer, there shall be st^n^illed on onch hogshead or case, the hogshead or rasr* number (or designated shipping number), gross weight, purchase authoriza- tion number and name of importing country,

(0) Any cost involved in the examination of the tobacco, and for services nf Port Officials, warehouse officials and wei^h masters UP required by this authorization will be for the account of the supplier.

(d) The unmanufactured tobacco shall not inchid" cigar cuttings, scrap, siftings. stems (except the stem of leaf sold), trimmings, and homo- genized leaf,

(e) In the case of tobacco products the following will apply:

(i) The tobacco products eligible for contracts under thic authorisation and portion nf thp price of the tobacco product which will be financed by CCC, are as follows:

Tobacco Product

Blend of stripR or tihredrlcd tobacco CCO F'Ti an cinp, exclusive of any with fl'ivoring'or casing material added freight grid insurance

$ 74-00 per cwt. of product

(ii) All contracts between suppliers and importers shall state:

(a) The tobacco product, the auantity, the contract unit price, and the

total contract price of such product.

(b) The portion of the contract unit pri^e of the tobacco product to be financed bv CCC which represents +he unmanufactured U.S. leaf tobacco used in its manufartm-'?. (The portion of total con- tract price to be financed by CCC computed in accordance with Section "Va)(i) will he thp basis for the completion of blocks 18, 19, and 20, of CCC Form 329 (Reverse).

(c) The portion of th^ unit price of the tobacco product to be financed

by the importer.

(f) Purchases under this authorization may be made through negotiation with a supplier or suppliers of the importer's choice, or by requesting Ihe submission of competitive offers. If competitive offers are requested, the importer's requests shall not limit the right to submit offers to any specified group or class of suppliers but shall permit

submission of offers by anv supplier qualified under Section 11.4(c) (2) of the Title I, Public Law 480 Regulations.

(g) The suppliers shall state in Block 21 of CCC Form 329 either: "I am an affiliate of the importer", or "I am not an affiliate of the importer.

(h) Where an agency or corporation owned or controlled by the Govern- ment of the importing country is acting as supplier, CCC financing of commodity shall not be in excess of the initial cost to such agency for acquisition from U.S. sources, plus any cost of transportation to point of loading to vessel which is not included in the initial cost of such agency.

(i) No commission paid or to be paid to any agency or corporation owned or controlled by the Government of the importing country will be eligible for financing, whether included in the price of the commo- dity, or separately stated.

(j) In thi? event CCC is unable to ascertain the prevailing range of export market prices for the commodity as provided for in Section 11.11 of the Title I, Public Law 480 Regulations, CCC will determine a maximum export market price for the commodity at the time of sale for the tim" and place of delivery, utilizing as needed, available domestic or export market information for the same or other, quality descriptions, packagings, locations, and dates, applying appropriate market differentials where applicable and such other factors as would be refltcted in the export market price at the time of sale for the time and place of delivery, taking into account CCC export sales prices where appropriate.

3. Delivery.—To importer f.a.s. vessel, U.S. port(s). Shipments from U.S. port(s) may be made on or after 7 calendar days after date of issuance of this authorization but not later than December 31, 1963.

4. Documentation.—The documentation required in the Regulations, except Section 11,9(9) (vii) and the following:—

(a) In the case of unmanufactured leaf tobacco:

(0 The signed original of Examination Report, FAS Form 480-C.

(ii) The signed original of FAS Form 480-D, "Certification by Port Officials with Respect to Loading Certain Tobacco."

or'

The signed originals of FAS Form 480-E, "Certification of Warehouse Official with Respect to Consignment of Certain Tobacco" and FAS Form 4R0-F, "Certification of Port Official with Respect to Receiving and Loading Certain Tobacco."

(iil) The signed original of FAS Form 4R0-G "Weight Certificate" or FAS Form 480-G-I, "Packaging Certificate."

(iv) The invoice shall contain the following certification signed by the supplier: "The undersigned hereby certifies that the unmanufactured tobacco represented on this invoice does not contain cigar cuttings, scrap, sittings, stems (cxc:pt the stem of the leaf sold), trimmings, or homogenized leaf."

(v) The supplier's invoice shall identify the tobacco by U.S. type and recapitulate the quantity and value of the tobacco by type This information is required on only onp copy of the detailed invoice and such copy shall be included with the documents submitted to CCC. The suppliers detailed invoice shall contain a certification that the tobacco covered by the invoice was produced in the continental United States or Puwero Eixo sueinf rhw pweios authorized in the purchase-authorization. If the purchase authorization provides, "1962 or prior crop years", it will be sufficient unless the tobacco was produced during the crop years prior to 1957, to certify that the tobacco was produced in "1957—62 crop years". If the tobacco was produced in prior crop years prior to 1957 crop year, the certi- fication must state the specific crop year.

(b) In the case of tobacco product:

(i) The invoice shall contain the following certification signed by the supplier:

'The undersigned hereby certifies that th * tobacco contained in this pro- duct is not less than 88 percent U.S. tobacco, and that the quantity of stems, scraps, sittings or other byproducts are not in excess of the quantities ordinarily obtained in processing for cigarette manufacture the quantity of unmanufactured U.S. leaf used in the product."

(c) The supplier must present documentation required by CCC to the U.S. bank for immediate payment or for acceptance of a time draft. No transaction under a letter of credit which provides for deferred pressntation of documentation required by CCC shall be eligible for financing.

5. Deposit of Local Currency.—The amount of Indian rupees to be deposited by the Government of India with the United States Disbursing Officer, United States Embassy, New Delhi, India, shall be equivalent to the dollar sales value of the commodity financed by the Government of the United States, converted into Indian rupees at the rate for dollar exchange applicable to commercial import trans- actions on the dats of dollar disbursements. DeDOsits shall be made in accordance with Section 11.4(d)(10) of the Regulations. The documentation to be furnished to the United States Disbursing Officer for each deposit shall be in duplicate.

6. Ocean Transportation.—Unless otherwis? authorized by the Director, Inventory Management Division, Agricultural Stabilization and Conservation Service, U.S. Department of Agriculture, Washington 25, D.C., at least 50 percent of the tonnage of the commodity purchased h :reunder will be required to be shipped on privately owned United States flac commercial vessels in accordance with the provisions of Public Law 664, 83rd Congress. Advance approval of charters and bookings must be obtained. This may b= done bv telephone (DUdley 8-4314 or DUdley 8-4315) or telegram provided CCC Form 105 confirming the information supplied by telephone or telegram is furnished promptly. CCC Form 106, "Advice of vessel Approval," will be issued by USDA for each vessel approved and will indicate whether or not the cost of ocean transportation will be financed by CCC, and whether or not a Notice of Arrival will be required as a condition of payment. If the CCC Form 106-2 indicates that the cost of ocean transportation will be financed by CCC, the Government of India may obtain reimbursement for such ocean transportation costs under Ocean Transportation Authorization No. 39-94-OT.

7. ASCS Office.—The ASCS Office which will administer this financing operation on behalf of CCC is:

Fiscal Division, Agricultural Stabilization and Conservation Service, U.S. Department of Agriculture, Washington 25, D.C.

FOR INFORMATIONAL PURPOSES OF UNITED STATES SUPPLIERS ONLY

Information concerning purchases may be obtained from the India Supply Mission, 2536, Massachusetts Avenue, N.W., Washington, 8, D.C. (Telephone: Columbia 5-5200).

Inquiries with respect to the authorization may be directed to the Program Operations Division, Foreign Agricultural Service, U.S. Department of Agriculture, Washington 25, D.C. (Telephone DUdley 8-6463 or DUdley 8-6839).

ANNKXUHE I-B XO PTTBLIC NOTICE NO. 49-ITC(PN)/63, DATED 29th MAY, 1963.

COUNTRY

FAS FORM 480-A (OCEAN TRANSPORTA-

INDIA TION (2-1-60)

OCEAN TRANSPORTATION AUTHO- FOREIGN AGRICULTURAL SERVICE U S DEPARTMENT OF AGRICULTURE WASHINGTON 25, D.C.

RIZATION No. 3Q-o4-OT

AUTHORIZATION TO PROCURE OCEAN AGREEMENT DATE

TRANSPORTATION..

November 26, 1962 as amended (TITLE i, P.L. 480)

April, 1, 1963

BASED ON APPLICATION NO.

DATED

AUTHORIZED AMOUNT 839-94-A

.37*000

April, iB, 1963

COMMODITY

DELIVERY PERIOD

TO

UNMANUFACTURED TOBACCO AND/OR TOBACCO PRODUCTS

FROM

May i\, 1963

December 31, 1963 (incl.)

The importing country is hereby authorized to procure ocean transportation, subject to the provisions of the Regulations Governing the Financing of Com- mercial Sales of Surplus Agricultural Commodities for Foreign Currencies (24 Federal Register 8825) and any amendments thereto in effect on the date hereof, and subject to the terms, conditions, and special provisions specified herein or attached hereto.

1. Commodity Credit Corporation will reimburse under this authorization upto the amount indicated above and for the dollar cost of ocean transportation of the tonnage of the above named commodity which is covered by the maximum quantity figures shown on Forms CCC-106 bearing the number of this authorization and which is shipped on the vessels named in such forms. Such reimbursement will be made upon submission to the Fiscal Division, CSS, U.S. Department of Agri- culture, Washington 25, D.C. of the documents required under Section 11.9(b) of the Regulations.

2. This authorization is based on application number shown above. The representations, assurances, and conditions set forth in that application are incorporated herein.

3. SPECIAL PROVISIONS:

(a) Adjustment Refunds: Suppliers shall report all adjustment refunds to the Controller CCC. Upon demand by CCC the importing country shall pay to CCC an amount in dollars equal to the dollar value of such adjustment refunds. CCC will refund foreign currency by the method provided for in Section 11.4(d)(9)(ii) of the Regulations.

(b) Deposit of Forelrn Currency: The amount of Indian rupees to be deposited by the Government of India with the United States Dis- bursing Officer, United States Embassy, New Delhi, India, shall be equivalent to the dollar value of the ocean transportation costs reimbursed by the Government of the United States converted into Indian rupees at the rate for dollar exchange applicable to commercial import transactions on the date of dollar disbursements. Deposits shall be made in accordance with Section 11.4(d)(10) of the Regula- tions. The documentation to be furnished to the United States Dis- bursing Officer for each deposit shall be in duplicate.

(c) Additional Documentation.—In addition to the information required by Section 11.9(b)(3) of the Regulations to be shown on the supplier's detailed invoice, such invoice shall contain the following typed or stamped certification executed by the supplier: "The undersigned hereby certifies that the vessel named herein and for which the cost Of ocean freight is claimed, qualifies as a privately-owned United States-flag commercial vessel within the requirements of Public Law 87-266 and Is an eligible U.S.-flag vessel for the purposes of Public Law 664."

DATE OF ORIGINAL AUTHO-

RIZATION

SIGNATURE FOR THE ADMINISTRATOR, FOREIGN AGRICULTURAL SERVICE, U.S.

May 14, 1963

DEPARTMENTOF AGRICULTURE

ACCEPTANCE OF THE IMPORTING COUNTRY

This uuLhorization is hereby accepted.

FOR THE GOVERNMENT OF INDIA BY (AUTHORIZED

SIGNATURE)

DATE May 14, i?6?

ANNEXUHE II TO PUBLIC NOTICE NO. 49-ITC(PN)/63, DATED THE 29TH MAY, 1963

Sub-authorisation No

GOVERNMENT OF INDIA (IMPORT TRADE CONTROL) IMPORT PERMIT (Tobacco Imports from U.S.A.)

Issued under the provisions of Imports and Exports (Control) Act 1947, as amended from time to time and without prejudice to the application of any other prohibition or regulation affecting the importation of tobacco which may be in iorce at the time of its arrival.

The Government of India are pleased to permit Messrs Address Income tax verification No

to import tobacco subject to the conditions prescribed in Ministry of Com- merce and Industry Public Notice No. 49-ITC(PN)/63, dated 29th May, 1963 and any other condition that may further be prescribed in this behalf by the Government of India from time to time through Official Gazette.

(1) (ii)

Description of Commodity Importer's grades of tobacco. Approximate quantity in Kilograms. (1) (ii) Source U.S.A. Contracting period from ending Delivery period from ending (period of shipment) Amount of Dollars sub-authorised: U.S. Dollars Rupee equivalent:

Banking Institution to handle financing:—

Bank in India U.S. Bank

Basis of Delivery Port of entry into India (vide para 6 IV) of Public Notice No. 49-ITC(PN)/63, dated 29th May, 19S3. Limiting factor for purposes of clearance. through Customs

value only.

Chief Controller of Imports & Exports, New Delhi.

).

(Issued from file No Conditions.—The payment authorised to be made against this licence will not cover commission, Discount or rebate allowed by the Foreign Supplier/Manu- facturer to the Concessionaries i.e. the Importers in India.

ANNEXURE III TO PUBLIC NOTICE NO, 49-ITC(PN)/62, DATED 29TH MAY, 1963

1. General:

(a) For imports under this programme the sub-authorisation will be issued in duplicate, one for customs and the other for the rupee payments.

(b) The sub-authorisation is not transferable except with the permission of Chief Controller of Imports and Exports or a person duly authorised by him.

(c) Any unauthorised alteration or erasure in this permit shall render it null and void,

(d) No remittance of foreign exchange is to be made against the sub-authorisa- tion except to the extent specified in para 2(e)(ii) below but the importer is required to deposit the Rupees as specified in the notice.

(e) The Chief Controller of Imports and Exports may supplement, modify or revoke the sub-authorisation at any time under special consideration. 2, Contract with Suppliers (Exporters):

(a) The contract shall be entered into only during the period specified in the sub-authorisation.

(b) The shipment shall take place during the period specified in the sub- authorisation.

(c) The importer should inform the supplier as well as the carrier concerned that the transactions will be financed in terms of the Agricultural Commodities

Agreement between the Government of United States and the Government of India signed under the United States, Public Law 480. ThT Importer! the^upplier and the carrier must strictly follow the Regulations governing th* flrwuS of surplus Agricultural Commodities for Forefgn Currencies issued by the US Department ol Agriculture. The importer should also intimate to the supplier/ carrier the Purchase Authorisation Nos. 39—94 and 39—94-OT and instruct them of the special provisions for carrying out the transactions.

(d) Within a fortnight of the expiry of the contracting period mentioned in the sub-authorisation, the importer shall report to the Chief Controller of Imports and Exports, Ministry of Commerce and Industry, New Delhi, the total value of the goods contracted, for mentioning the S. No. of the sub-authorisation If no report is received by the due date, it will be presumed that no contract has b en entered into and the sub-authorisation shall be treated as cancelled.

(e) The importer must advise the supplier that at least 50 per cent of the tonnage of the commodity purchased hereunder must be shipped on a privately owned United States Flag Commercial Vessels, For full instruction in this con- nection please refer to para 6 of Purchase Authorisation No. 39—94 annexed hereto according to which advance approval of charters and bookings must be obtained. Further procedure will be as below:— (i) Ocean Transportation by U.S. flag vessels:

In this case the ocean transportation will be paid initially by the U.S. designated bank against letters of credit established against ocean transportation purchase authorisation No. 39—94OT assigned to that Bank who will get it reimbursed from the C.C.C- The approval obtained by the supplier for vessel booking will state the amount of ocean freight differential, if any, which th? CC.C. will recognise and obsorb as existing between the prevailing foreign flag vessel rate and the U.S. flag vessel rate. The amount of such a differential will be reimbursed sepa- rately by C.C.C. and will not be included in the dollar amount of reimbursement for which rupees have to be deposited into the U.S. Title Account in India. (ii) Ocean transportation by U.S. flag vessels:

Ocean freight on such transportation will not be reimbursed by the C.C.C. against Para. No. 39—94OT and will have to be remitted by the importer through his bank in India for which necessary foreign exchange will be mads available to the importer.

(f) The importer shall advise the shipper to airmail at the time of lading two copies of photostats of the ocean or charter party bill of lading or airway bill to the Chief Controller of Imports and Exports, New DelhL

(g) The contract for the commodity with the supplier should provide that payment shall be by cash against sight draft supported by necessary documents on a banking institution, indicated in the sub-authorisation, in the United States.

(h) Other conditions will be as specified in Purchase Authorisation Nos, 39—94 and 39 94-OT annexed hereto—(and marked as Annexure I-A and I-B respec- tively). The importers should fully familiarise themselves with all the regula- tions and provisions of the Purchase Authorisations and inform the suppliers (exporter/carriers) accordingly with a view to ensure that none of the regulation,? governing the sales of agricultural commodities issued by the U.S.A. are violated* This is important.

PURCHASE PRICE

The purchase in U.S.A. can b€ made freely at the prevailing U.S. Market price.

SUBJECT:—Export Promotion Scheme—Incentives under—

No 50-ITC(PN)/63.—Attention is invited to th° item No. 8 of Part II—Annexure I lo Appendix 23 of the Import Trade Control Policy Book for the period April 1963—March 1964. It has now been decided to grant incentives against export or Henna Leaves in pressed bal-s (95 per cent pure end sand not exceeding 5 per cent) also.

2 The description of the item No. 8 of Part II—Annexure I to Appendix 23 of the current Import Trade Control Policy Book may be deemsd to have been amended as above.

3. The above amendment will take effect from the date of issue of this Public

Notice.

D. R. SUNDARAM,

Chief Controller of Imports & Exports.

PRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, NEW rEJKI 1ND PUBLISHED BY THE MAIMAIER OF PUBLICATIONS, JELUI 1963