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REGISTERED No. D. (D)- 72

The Gazette of India

EXTRAORDINARY

PART I—Section 1

PUBLISHED BY AUTHORITY

No. 133] NEW DELHI, FRIDAY, JUNE 29, 1979/ASADHA 8, 1901

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

compilation.

315 GI/79

(729)

MINISTRY OF COMMERCE, CIVIL SUPPLIES ANO COOPERATION

(Department of Commerce)

New Delh, tie 29th June, 1979

EXPORT TRADE CONTROL

PUBLIC NOTICE No. 43-ETC (PN)|79

Subject : Scheme for exports under OGL 3 of textiles made from cotton, wool and man-made fibres to USA EEC member States from 1-7-1979 to 31-12-1979.

F. No. 2/2G./78/EI.—Attention is invited to the Export (Control) Amendment Order No. E(C>O, 1977/A M(85) dated 1-1-1979 and Public Notice No. 2-ETC(PN)/79 dated 1-1-1979.

2. This scheme relates to tho export of textiles (a) falling under 106 categories to the USA and (b) 114 categories to the EEC Member States, namely West Germany, France, Italy, Benelux, UK, Irish Republic and Denmark for the period, 1st July 1979 to 31st December 1979.

3. The agencies for handling-thc quota allocation for various items, as enumerated in Public Notice No. 2-ETC(PN)/ 79 dated -1-1979 would continue to handle quota alloca- tion as mentioned therein until any decision is taken to transfer any part of the work to any other agency. The Gov- ernment reserves the right to make changes as considered appropriate during the period, 1-7-1979 to 31-12-1979 or thereafter, with regard to the agencies for quota allocation.

4. For fabrics and made-up articles, the same policy, as outlined in Public Notice No. 2-ETC (PN)/79 dated 1-1-1979 would continue during the period, 1-7-1979 to 31-12-1979.

5. For garments and knitwear, applications) for reservation of contracts for utilisation during the necond half year have been invited in respect of those categories where quantity passed for shipment upto 30-4-1979 is lew than ."SO per cent •of the annual level. While inviting applications for contract reservation, it has been insisted that shipment should be completed within 31-10-1979. Actual aliotmenl of the quotas under contract reservation would be on first-come-flrst served basis, and would be 50 per cent of balance avail- able from the annual leave as on 30-6-1979, as may be estimated on the basis of latest figures available with the Apparel Export Promotion Council Government would have the right to make necessary changes with regard to the last date of shipment and also tho percentages as mentioned above, as considered appropriate from time to time. For the pur- pose of this computation, annual level will not include in-

731

creases on account of flexibility provisions.

6. Witn regard to category 341 to America category 7 and 26 to France, category 7 to Denmark and category 26 to Italy where second half contract reservation was earlier drawn, no contract reservation would be allowed and balance available would be allocated on ready goods under first come-flrst-aerved basis. Moreover, in case of all those cate- gories where the quantities passed for shipment as on 30-4-1979 had exceeded 50 per cent of the annual level, the balance ' available as on 30-6-79 would be allocated otHy under ready goods on flrit-come-flrst-se-rved basil.

7. Under both FCFS ready goods and FCFS firm contract reservation, 20 per cent of the quota will be allocated for higher value items. In case the portion for higher price allo- cation gets exhausted first, Ihe goods with higher price will naturally have the eligibility in tire other portion along With the other goods. For this purpose there will continue to be two sets of floor prices—one relating to higher value (terns covered by 20 per cent allocation, and the other basic floor price for items covered by tho remaining 80 per cent cjf the allocation. Floor prices announced for the first half wjll be applicable to 2nd half also. Quota allocation for cotton gar- ments and knitwear wfil be made on L C terms. For flrst-come first-served ready goods allocation, LC should be produced at the time of quota endorsement. For firsticorne first-served firm contract allocation, LC should be available by 10-7-79 for applications made up to that date arid along with the appli- cations made after that date. Falling this, in both reaqy goods and firm contract reservation, quota allocation Will not be made.

8. Shipment against quota allocation on first-come (lrst- served ready golds basis will have to be effected within 10 days from the date of quota endorsement. Further, this period can be extended for valid reasons in exceptional cases on specific authorisation from the Textile Commissioner or his repi esentative.

9. Both in the case ot farst-come-first-served firm contract allocation and FCFS ready goods allocation, if the offer* are more than the quota availability on the terminal date, a choice among offers may have to be made and for this pur- pose, selection will be made on the basis of unit price. The higher unit price will be the criterion in such an eventuality. 10. Wherever the quotas for cotton, woollen and man- made fibre items are combined, appropriate quantities Will be reserved and provided by tho Textile Commissioner de- pending upon the demand trend.

11. In cases where the handloom and mill-made item* are clubbed together for allocation, the ratio of handloom to others in the case of tho USA will be 2 : 1; whereas it will be 1 r 1 for other areas. These ratios may be amended depending upon the trend of demand.

12. Shipment will be allowed b} the Custom!, authorities ut the ports of shipment on the basis of quo'a endorsement on the original and duplicate of the shipping bills for in- dividual consignments issued by the Export Promotion Coun- cil or any other appropriate body designated for this pur- pose. In respect of USA, however, before allowing ship- ments, the Customs authorities would also verify the visa endorsement on the special customs invoice No. 5515 issued by the Export Promotion Council concerned or any autho- rised body prescribed for this purpose, including their re- presentatives. In respect of exports* to EEC Member States, alongwith the quota endorsement, the Export Promotion Council concerned or, any other body, duly authorised in this behalf will issue export certificate and certificate of origin for categories having individual category limits, and cci(ideate of origin in respect of other categories not having individual category limits for forwarding these certificates to importers for obtaining clearance at the destination.

13. The list of categories of textile products covered under the scheme are avnilab'e with tho Export Promotion Council anrl other bodies concerned.

14. In *o far as exports to USA and EEC of hamltoom fabrics, made-up articles made from handloom fabrics and woven garments made from handloom fabrics falling under categories other than categories 7, 8, 26 and 27 in reip^ct of EEC are concerned, shipments will be permitted by tho Customs on the basis of the certification by the Textiles- Com- mittee without the requirements of quota endorsement by the Export Promotion Council or other authorised bodies coo-

cerned. In case of handloom garments falling under categoric* 336, 340, 341, 347 and 34ff for exports to USA, certification by the Textiles Commit¹ ee will be issued on the basis of the quota allotment by the Apparels Export Promotion Council or any other authorised body designated for Ih.s pinpo'sc,

15. In iespect of 'India Items' which are typically Indian traditional folklore textile pioducts, shipments will 1>_ pci mitted by the Customs for exports to USA and EEC on the basis of appropriate certificates issued by the All India Handi- crafts Board or the Textiles Committee. For i'ems specified as 'India Items' no quota endorsement by the Export Promo- tion Council concerned or by any other duly authorised body will be required, for endorsement of the shipping bills by tho Customs authorities.

penalty for the full amount of the performance bond will bt imposed, and the full earnest money deposit will be liable to be forfeited. Further, if the surrender of the quota is in excess of 25 per cent of allotments, refusal of further quotn allotment for such allottees may be considered. However, In conditions of 'force inajeurc', appropriate exemption* may be considered.

18. Foi Centnil Government uiuiutukings/Stn.^ ^ .^rr- ments Corporations, special quota allocation will be made to meet their requirements to the extent possible.

19. Exports wi'l be allowed from any port in India

20. Tho addresses o[ Export Promotion Councils MO as follows:- -

1. The Cotton Textiles Export Promotion Council, MINTED BY THB ftANAGEK, OOVT. OF INDIA P U S S, BWQ KO1D, NBW DBLBI-110064

AND PUBLISHED BY THB CONTROLLBA OP PUBLICATIONS, tlBLHI-1100J4 1979