Subject NOT available

click here for IIIF manifest

REGISTERED NO. D. 221

The Gazette of India

EXTRAORDINARY

PART I—Section 1

PUBLISHED BY AUTHORITY

N o. 193] NEW DELHI. MONDAY NOVEMBER 30, 1970/AGRAHAYANA 9, 1893

Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF FOREIGN TRADE

PUBLIC NOTICE

IMPORT TRADE CONTROL

New Delhi, the 30th December 1970

SUBJECT.—Import of (i) dry fruits all sorts, excluding Coconuts, Cashewnuts and Dates [S. NO. 21(h) (ii)/IV] (ii) Asafoetida (S. No. 31/V), (iii) Cumin Seeds (S. No. 37/IV), and (iv) Medicinal Herbs (S. No. 87-109/IV) from Afghanistan during1970-70-71period.

No. 173-ITC (PN)/70.—Attention is invited to Public Notice No. 118-ITC(PN)/70. dated 7th August, 1970 allowing import of fresh fruits of Afghan origin mentioned in Schedule 'A' 61 that Public Notice to approved importers.

2. Since the current Trade Arrangement between India and Afghanistan expires on July 31, 1971, It has been decided that import of dry fruits etc. of Afghan Origin will continue to be regulated till then as follows:—

(i) dry fruits of Afghan origin, mentioned in Schedule 'A' to this Public Notice, will be alfowed to Approved Importers under C.C.P. procedure, within a "quantitative celling'';

(ii) Asafoetida, Cumin Seeds and Medicinal Herbs of Alghan origin, men- tioned in Schedule A, will be allowed to approved importers under C.C.P. procedure, without any ceiling;

(1119)

(ill) Hides and Skins of Afghan origin, falling under S. No. 144(a)/IV, will continue to be under Open General Licence No. LXXXIX vide Ministry of Foreign Trade Import Trade Control Order No. 4/70 dated 30th September 1970.

3. Import of commodities covered under the aforesaid items (i) and (ii), will have to oe counter-balanced by exporters in the prescribed ratio of goods in Schedule B to this Public Notice, as indicated in paragraphs 8 and 22 below. Aa regards the import of Hides and Skins under item (lii) above, the sale proceeds will be credited to the self-balancing account opened by the Da Afghanistan Bank with the State Bank of India. This account will be utilised by Afghanistan for the purchase of goods and services in India.

4. Definition of approved Importers.—For the current year 1970-71, the following: categories of importers will continue to be eligible for Customs Clearance Permitsv viz., those:

(i) who hatve participated in the Indo-AIghan Trade in these commodities during the four years ending 30th June, 1956 and are already regis- tered as such; and

(ii) the Royal Afghan Government's nominee firms who have been regis- tered as "Approved Importers".

5. No Customs Clearance Permit (C.C.P.) will be issued to those "Approved Importers" whose names have been de-registered, or who have failed to fulfil their counter-export obligations within the stipulated period. The approved im- porters are advised, in their own interest, to ensure that the existing system iff used to the satisfaction of consumers in India and for the development and diversi- fication of Indian export products. With that end in view, the Government of India and the Royal Afghan Government have agreed that the transit procedures: and those for counter-exports from India will be fully observed in order to main- tain reasonable prices of Afghan products in, India and of Indian products In Afghanistan.

6 Documents to be furnished with application for CCPs —Approved Importers should apply for CCPs. in the prescribe form and manner, indicating inter-aha the C.I.F. value of goods, accompanied by the following documents:—

(a) Valid Transit Certificates (five copies) together with invoices wherever

available and treasury receipts.

(b) An undertaking on a Stamp Paper to the effect that they shall export any or all commodities mentioned in Schedule 'B' to this Public- Notice to counter-balance imports in the prescribed ratio, as men- tioned in para 8 by 31st of July, 1971 and shall abide by the decision- that the Government may take in regard to the enhancement of the- percentage of exports of non-traditional items.

7 The Transit Certificate referred to at 6 (a) should be in the form appended to this Public Notice. The approved importers will be required to produce invoices and appropriate sale, purchase and other relevant documents for determining the value of goods covered by their recjuest for CO Ps. and Customs clearance facilities.

a Ratio of exports of traditional and non-tradltlonal Items In respect of coun- ter e x p ^ r t s ^ O f Te items detailed in Schedule B to this Public Not ce all type? of Tea Textiles, Spices, Coir and Coir Products are treated as traditional Item* cf e x e r ts to Afghanistan, and the remaining ones m non-tradltionalitems. It

BMHmnii

tatlo so revised. U taken of cases where such diversion takes place.

10. Specimen of Transit Certlflcate.^The documents furnished along with the applications should be complete in all respects which will make for prompt issue of CC-Ps. All the five copies of the transit certificates should bear the Seal and Signature of the Afghan Custom Authorities. A specimen of the prescribed form of the Transit Certificate issued by the Afghan Customs Authorities, is attached in Annexure II. They will bear, inter-aha, the name of the exporter, the name of the Importer, description of commodity weight in Kilograms etc.

11. Distinctive marks on the Transit Certificate.—In serialising the Transit Cer- tificates, the Royal Afghan Government will allocate groups of serial numbers to different Customs Control points and would also see that no number in a series Is repeated. Further there will be distinctive letters, such as 'K' (Kabul), 'Q' (Qandhar) and 'N' (Nangarhar), to denote the location of the concerned authority of the Ministry of Commerce of the Royal Afghan Government issuing the transit certificate, and also the letters 'B' (Jt. Chief Controller of Imports & Exports, Bombay), 'D' Jt. Chief Controller of Imports & Exports, (Central Licensing Area, New Delhi 1, and 'A' (Controller of Imports and Exports, Amritsar), to denote the concerned licensing authority in India.

12. Transit Certificates and their validity.—The Transit Certificates will in- dicate the period of validity, which will be forty days for dry fruits, and other commodities. The validity of Transit Certificates is decided with reference to the date of actual issue and not the date of arrival of the goods at the Indian Customs borders. Thei floods must be cleared from the Afghan Customs Borders within the period specified for the purpose in the Transit Certificate. The evidence of transit having taken place during the validity period of the Transit Certiflcarte, should be produced to the Customs authorities, or else the goods will not be allow- ed clearance.

13. Eligibility for Issue of CCPs.—C.C.Ps. will be issued (in duplicate! to eligible approved importers upto the quantity, covered by valid transit certificates, issue by the Afghan Customs Authorities to the following categories of approved importers:—

(1) who haive fulfilled their export obligation in respect of 1969-70 period in full by the 30th September, 1970 in the prescribed ratio of 85 per cent : 15 per cent, as between traditional and non-traditional items and are In a position to produce documentary evidence/or R.B.I.'s ceitiflcate in proof thereof;

'ii) who claim to have fulfilled their last period's export obligation in full in the prescribed ratio as indicated in item (i) above by the ^Oth September, 1970, but are not in a position to produce proof thereof straightaway. An undertaking should be taken from the aforesaid parties to the effect that documentary evidence/or Reserve Bank of India's certificate will be produced within one month from the date of issue of C.C-Ps., failing which action will be taken under the ^T,c- rules and regulations. This condition will be endorsed on the C.C.Fs,;

(iii) who have fulfilled, by 31st October, 1970 their export obljsation upto 90 rjer cent in the prescribed ratio, (i e. exoorts of at leapt 15 tier cent of 90 per cent of non-tradltlonal items have been effected;, pro- vided CCPs for the last trade Arrangement period, were issued to such importers on or after 1st June, 1970, In the case^ of those approved importers, who were granted C.C.Ps. prior'to 1st June, 1970 no CCPs will be issued, unless they have fulfilled their export obligation "in full by the 30th September, 1970 A show cause notice should however, be issued to them to explain as to why issue of further C CP should not be withheld, in view of their failure to balance off their Imports In terms of para 20 rf Public Notice No 138^ ITC(PN)/69, dated 23rd August. 1969. In the case of their failure to produce evidence showtaE fulfilment of their exr^rt obligation in full and in the prescribed ratio by 30th November, 1970 no further C C Pi should be issued to them and penal action as envisaged in the I.T.C. rules and regulations will be taken against them.

14 Staire of reckoning of export performance against current Imports.—There v r f l l b / Sf reckoning at every Sage, of exports made; by the'concerned Importer

to tlM ycqpMng nuiboriiy affidavits to the effect that Ms export obligation ajjalnat currant imports baa bean fulfilled as follows:—

At the end of the

Percentage of fulfil-

ment of export

obligation

Percentage of non-tradi- tional commodities in exports effected

60%

(i) Eigth month i.e. 31-3-70

7*%

1 0%

8 0%

(ii) Tenth month i.e. 31-5-70

9 0%

(iii) Eleventh month i.e. 30-6-7T

I2i%

100%

(iv) x'welvt'i month i.e. 31-7-71

N.B.—It may be noted that if Government decides at a later stage, to raise the percentage of exports of non-traditional items to Afghanistan, the importers shall have to arrange exports of non-traditional items according to the ratio so revised.

No CCPs will be issued to the approved importers after the 8th month, i.e. 31st March, 1071 whose export performance is less than the percentages fixed above,

15. Penalty for non-fulfilment of export obligation.—As imports of goods men- tioned In Schedule A to this Public Notice, excluding Hides and Skins are to be balanced by exports of goods in Schedule B in the prescribed ratio as indicated in para 8 above, as between traditional and non-traditional items, subject to changes to be effected later on, vide, paragraph 8 it is obligatory for each indivi- dual importer to discharge his export obligation in full and in the prescribed ratio, by the end of the current Trade Arrangement period i.e. by the 31st of July, 1971. Should the importer fail to complete his export obligation within the stipulated date, he is liable to be de-registered from the list of approved importers for such period as the licensing authority deems fit, without prejudice to any other action that may be taken against him under the Import and Export Central Act and rules and regulations. A condition to this effect will be imposed on each CCP.

16. The CCPs for dry fruits and other goods, excluding fresh fruits will be valid for 40 days from the date of issue of the relevant transit certificate(s), covering the goods in question. Where a CCP covers more than one Transit Certificate which are of different dates, validity of the CCP will be determined with reference to the date of issue of each of the Transit Certificates. To Illus- trate, if a CCE covers three Transit Certiflcateu laaued on say 8th August, 1970, 2.0th August, 1970 and 15th September, 1970, the CCP In rejperit of the first Transit Certificate will be valid upto 14th. September, 1970, for the second upto 29tb September, 1970 and for the third upto 24th October, 1970.

17. Procedwre for ojKTattov CCPa and Transit Certtflcatea.—The CCPs will indicate inter-alia, the weight, number, Sate of the Traiwit Certificate, as well as the ci.f. value of the goods. Conversely, the nurnttftr and date and other particulars of CCPs should also be shown On the relevant Transit Certificates.

18. Procedure for operattn* CCP" and TrwwU C"rflflwtM.-rWhen.delivering the CCP (in duplicate) to the importer the appropriate Hctnainif authority will return all the five dopies of the Transit Certificates 16 tVm MjPorfar. The im- porter will, tn fain turn, present all the five copies of fbe Ttinill: Certificates in all cases, along with the CCP., in duplicate, to the Customs Authorities at the point of, imports of the consignment in India. The Custort authorities will, while clearing the consignment • c " "* and verify th" Pb/atori ">J?3**2£L£ *" Jj£ta c-ulars of the coiMt^WnAnt i.o. name o* fefcflqrtaf/iWPOitw:. de*Tttlt"to $!"><**". %Sgkt and otaer-pwrtttulura) aa tlven In thrf CCP and tiwt T w it C £ ^ *te #; tri Se "event at anr dfffiarencf, whAlhei* ffi oamA.

3>A"T I—SEC. 1] THE GAZETTE OF INDIA EJCTHA^OHtH'KtX*^ H 2|

assessed by the Customs authorities, the coptd* of the C.C.P. and Transit Certi- ficates -will be endorsed accordingly by the Custom authority. Where there is a variation in weight mentioned in th

19. The Customs authorities will Indicate the actual utilization of the quantity and the value covered by each C.C.P. in the prescribed form on the reverse of the permit. The C.C.P. (for customs purposes only) will be returned to the licensing authorities concerned as soon as It IK fully utilised.

20. Distribution of C.C.Ps.—The Custom Authorities will send the Customs pur- poses copy of C.C.P. to the concerned licensing authority direct and the second copy will as at present be handed back to the importer to be forwarded to the Reserve Bank of India, duly stamped and signed.

21. Recording of the value of the ffoods cleared.—The value of the goods, allowed clearance, as assessed by the Customs, will be recorded by them on the Transit Certificates and C.C.Ps. before distribution. This information is essential for determining counter-exports to be made from India to Afghanistan for balanc- ing of the trade.

22. Method of valuation for counter exports to Afghanistan.—The following will be the method of valuation of Afghan goods for determining the value of counter- exports to be made from India to Afghanistan during the current Trade Arrange- ment period:—

(I) Afghan goods, whether Imported on outright purchase or on consign- ment basis, should be valued on the basis of invoices accepted by Indian Customs or where no invoices exist, on the basis of the Indian Customs assessed value as defined in Section 14 of the Indian Customs Act, 1962 (ACT 52 of 1962);

(II) With regard to Imports effected as outright purchases, the value of counter-exports should be eaual to the value of imports as determin- ed in the manner Indicated in (i) above;

(HI) To the extent imports take place on consignment basis, the sale pro- ceeds of f"ch goods after deducting all expenses, duties, and trxes will be allowed to be repatriated in the forms of goods covered by Schedule B to Annexure I.

23. Approved importers are advised that in their own Interest and in order to maintain an even and steady flow of trade exchanges between the two coun- tries, they should enter into firm sale and purchase arrangements and avoid imports on consignment basis.

24. Manner of Payment. Payments for goods exchanged under this arrange- ment and mentioned in Schedule A, excluding Hides and Skins, and Schedule B will be made, In accordance with the E.P. Procedures prescribed by the Reserve Bank of India. Payments for exports to Afghanistan for Indian goods mentioned In Schedule C shall be made by establishing letters of Credit in transferable U.S. Dollars or pound sterling.

25. Bank facilities for exporters of Schedule C ltejns.—The Royal Afghan Gov- ernment have agreed that letters of Credit In U.S. Dollars and transferable pound sterling will be opened by the Afghan Banks for import of Schedule 'C Items from India.

ANNEXURE I

SCHEDULE 'A'

Commodities tor Export pom Afghanistan to India.

Fruits (dry and fresh all kinds),

Asafoetida,

Cumin Seeds, Hides and Skins,

Medicinal herbs (detailed 83 under)

English

Farsi

Zoofa

Onnab

Shakakul

Hysop Rosa Rose Flower Gule Golab (dried) Bunglass (Borage) Gule Gawzaban Ouince (Borage) Beh-Danna White and red Behmane Sand wa (Behmen) (Urdu) Sorkh Jujube Ratanjot (Hindi) Yarland Manna Turanjabeen l%nna (taken from Atraphaxis Spinosa) Sheer-khest Liquoric (Mulathi) Shlreen Boia Wild Carrot DORONCUM DARAWANJ

Commodities for Export from Afghanistan to India.

SCHEDULE 'B'

Textile—

Cotton and Woollen, such as:—

Cotton and Woollen piece goods, cotton dhoties and sarees, hosiery and knitted garments—woollen, cotton and rayon.

Silk, art silk and rayon fabrics; cotton twist and yarn other than cotton, woollen anl silk manufactures, Jute manufactures, Handloom fabrics.

Food—

Confectioner, Tea, coffee, spices including pepper, Fish prawns—dried, Fish—dried and salted, Preserved Maneo and other vegetable products Provisions and oilman's stores, Sago, Tapioca and ita products, Cane Jaggery cane, jaggery powder (Indian gur).

Agricultural Products—

Hydrogenated oils, i.e. "vanaspati" or vegetable ghee, Vegetable oils and oilseeds, Essential oils, Tobacco—ra^r and unmanufactured.

Chemical Products and Soaps—

Chemicals and chemical preparations.

Pharmaceuticals—^

Naphthalene Sera and vaccines, Alkaloids of opium and its derivatives, Soap—toilet and household, Toilet requisites and perfumery, Paints, Pigments and varnishes.

Engineering Goods—

Printing machinery, Diesel engines, Pumps driven by diesel engines and electric motors. Sewing machines, Bicycles and their parts, Textile machinery such as carding machinery and weaving looms, Machine tools, Hand tools and small tools, small river crafts.

Sugarcane crushing machinery, Rice, flours and oil crushing machinery, Ball bearings, Agricultural implements, Automobile parts other than those sent as spares with automobiles, Gliders.

Electrical Gooda—

Electrical appliances and accessories such as conduit pipes, switches, bells.

holders, cut-outs, etc.

Electrodes Electric bulbs and tubes. Electric fans and their parts. Batteries (dry and wetjk Electric torch lights. Electric motors. Ebonite sheets, rods and tubes, cables and wires.

Household and Building Requirements-

Utensils including stainless steelware cooking ranges, heaters, olectric iron, toasters, kettles, etc.

Household electrical fittings and fixtures. Roofing tiles. Bricks. Linoleum. Sanitaryware. G.I. Pipes and fittings. Manhole cover and plates. Kerosene stoves. Incandescent oil pressure lamps. Safes, strong boxes and room fittings.

Crockery.

Hardware—

Locks and padlocks. Cutlery. Bolts, nuts, screws and hinges, etc. Steel furniture and hospital appliances. Scientific instruments of all types. "Weighing machines. Surgical and medical instruments. Steel buckets.

Rubber Manufactures—

Tyres- and tubes. Other rubber manufactures.

Leather Manufactures—

tfoo'te, shots and belts. Other leather manufactures. Artificial leather goods.

Handicrafts and Cottage Industry Products—

Stationer and paper.

Miscellaneous—

Coir and Coir products. Films. Dyeing and tanning substances. Lac and shellac, Commercial decorative plywood. Myrobalan and myrobalan extracts. Glassware including tableware, glass bottles and bangles. Artificial porcelain tooth Synthetic stones. Books and printed matter. Cigarettes. Postage stamps. Refined mineral oils. Bichromates. Sports goods. Mica and Micanlte. Firebricks and fireclay. Ropes.

SCHEDULE 'C

Indian Exports

1. Sugar. 2. Automobiles and their spare parts. 3. Tractors. 4. Buldozers. 5. Compressors. 6. Stone Crushing and Polishing equipment. V. Wood working Machinery. 8. Lathes. 9. Road Rollers.

10. Graders. 11. Central Airconditioning equipment. 12. Refrigerators. 13. Slaughter House Machinery. 14. Accounting Machines. 15. Iron and Steel Construction material not mentioned under the headlnft "Hardware" in Schedule 'B\

16. Generators—portable and fixed. 17. Radio Receivers. 18. Telephone and telegraph Apparatus and Equipment. 19. Cranes. 20. Drugs, Medicines and Antibiotics.

All other items not included Jn Schedule 'BV

tP*M t-LSw."] Twi mmmm a* W"*K S*I*AO"""AIRI' "**}

ANNEXUHEH

Specimen of Transit Certificate

Royal Government of Afghanistan. Ministry of Commerce. India Department. Transit Certificate No.

Date 19

Name of Exporter Name of Importer Period of Validity

No.

Des- cription

Aaea 1 No.

1

Remarks Value Rs. Total

in Kg.

Coirn- oiity

Number of case bu.idle e:c.

1

2

3

4

Signed by Customs House Officer

I, Mr

Va ue per Kg.

1

6

8 5

7

, son of Mr

' holder of Trade Permit , have completed the Customs formalities and under- No take that the goods will pass Pehawar or Chaman by truck No Driver Mr son of Mr within 72 hours and without any change or diminution in quantity. If not, I agree that my trade permit may be cancelled forthwith and without any recourse on my part. More- over, if the consignment does not arrive within five days at a proper customs' house in India, and the Indian authorities do not release it, I will be responsible for any losses which occur.

Date of clearance from Indian Customs House. Signature

R. J. REBELLO,

Chief Controller of Imports and Exports..

irjo THB mmrtn w INWA &tvkAtm#mw p&r &&£."

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA TRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1970