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REGISTERED No. D. (D.)-72

The Gazette of India

EXTRAORDINARY

PART I—Section I

PUBLISHED BY AUTHORITY

No 205] NEW DELHI, TUESDAY, OCTOBER 23, 1979/KARTIKA 1, 1901 Separate paging is given to this Part in order that it may be filed as a separate compilation.

742 GI/79

(1025)

MINISTRY OF COMMERCE AND CIVIL SUPPLIES

1027

(Department of Commerce)

EXPORT TRADE CONTROL

PUBLIC NOTICE NO. 71-ETC(PN)179

New Delhi, the 23 rd October, 1979

Sub : Scheme for exports under OGL, 3 of certain fab- rics and/or made-ups items made from cotton, wool and man-made fibres, to U.S.A. EEC Member Sta- tes, Sweden, Norway Finland and Austria from 1-1-1980 to 31-12-1980.

F. No. 2/26/78-E.l.—This scheme relates to the export of

certain fabrics and/or made-ups items of (1) Cotton, Wool and man-made fibres to USA, EEC countries (Federal Repub- lic of Germany, France, Italy, Benelux, the United Kingdom, Irish Republic and Denmark, Sweden and Norway; (ii) Cotton and man-made fibres to Finland; and (iii) Cotton to Austria for the period 1-1-1980 to 31-12-1980.

2, The list of categories of textile products covered under the scheme are available with the Cotton Textiles Export Promotion Council and the Wool and Woollens Export Promotion Council. Unless otherwise directed the Cotton Textiles Export Promotion Council, Bombay (TEXPROC1L) will allocate quotas and do necessary certification for all fabrics and madeouns excluding woollen fabrics and made-ups and quota allocation for woollen fabrics and made-ups will be done by the Wool and Woollens Export Promoton Council New Delhi (W&WEPC). However, in respect of woollen fab- rics and made-ups, necessary certification as outlined in the following paragraphs will be done by the Texprocil. The Government reserves the right to make changes us considered appropriate with regard to the agencies for quota allocation and certification and with regard to transfer of any part of the work to any other agency.

3, For the purposes of quota allotment the shpment period will be divided into two six-monthly periods, i.e., from 1st January, 1980 to 30th June, 1980 and from 1st July, 1980 to 31st December. 1980. 60 per cent of the annual quota will be allocated during the first six months and the rest 40 per cent during the next six ftionths. 50 per cent of the quota available under each six monthly period will be allocated on first-come, first served (NCFS) basis for ready goods and the rest 50 per cent on FCFC basis for firm contracts. The per- centages can be changed by the Government depending upon the trend of quota utilisation.

4. Shipments against quota allocations on FCFS ready- goods basis will have to be effected within 10 clear dayK from the date of quota endorsement. However, this period can be extended tn exceptional cases for valid reasons on specific authorisation from the Textile Commissioner or his representative.

5. Wherever, the quotas for cotton, woollen and man- made fibres are combined, the reservation for woollen and synthetic will be done in terms of specific quantities The actual quantities would be determined by the Textile Com- missioner, after ascertaining the need from the respective Councils and after keeping in mind the pattern for the last year and future prospects. Depending upon the demand trend the above quantities fixed may have to be modified, if requir-

6. In cases, where handloom and millmade items are club- bed together for allocation, the ratio of handloom to other; in case of USA wffl be 2 : 1 whereas it will be 1 • 1 foi other areas These ratios may be amended depending upon the demand trend.

7. Performance bond for a value of 10 per cent of the FOB value of quota allotment will have to be submitted by me applicant alongwith the application for quota allotment on FCFS firm contract basis. In case of quota allocation of FCFS ready goods basis earnest money at the rate of 10 per cent of the FOB value will have to be deposited by the ap- plicant at the time of quota endorsement. If the utilisation within the validity period of quota allotment/quo!/* endorse- ment Is riot less than 90 per cent, full amount of earnest money deposit/performance bond will be refundable on pro- ducton of evidence of exports. If the utilisation of quota allocation is less than 90 per cent full amount of the perfor- mance bond]deposit will be liable to be forfeited, except in conditions of force majenre. Further, except in conditions of force, majeure, if the surrender of quota is in excess of 25 per cent of allotment, Government may consider debar- ment of such shippers from quota allotment.

8. In line with the practice followed in the second half of 1979. the provisions regarding bank guarantee and de- posits would be dispensed with in case of slow-moving Items specially identified for this purpose by the Government in consultation with the Textile Commissioner. For the identi- fied slow-moving items, a nominal deposit as prescribed by the Textile Commissioner would only be required. Besides, anybody who comes for allocation either on FCFS ready goods basis or on FCFS firm contract basis, will got the allo- cation subject to availability. The Government will separately inform all concerned after the identification of such slow moving termsi on the basis of past export figures and possible expectation in the current year.

9. Unless specified to the contrary, the Textile Commis- sioner, Bombay, will continue to have day-to-day supervision over the matters relating to quota allocation. A Coordination Committee, with the Textile Commissioner as Chairman, and representatives of various Councils concerned will review tho situation at least once a month. In case of difference of opift- ion, the matter will be decided by the Textile Commissioner.

10. Government reserves the right to make amendment in any of the provisions of these quota distribution guidelines without giving prior information.

11. Shipment will be allowed by the Customs authorltiei at the ports of shipment on the basis of quota endorsement on the original and _ duplicate of the shipping bills for indivi- dual consignments issued by the Export Promotion Council or any other appropriate body designated for this purpose. In respect of USA, however, before allowing shipments, 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 authorised body pres- cribed for this purpose, including their representatives. In res- pect 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 ex- port certificate and certificate of origin In respect of other categories not having individual category limits for forward- ing these certificates to importers for obtaining clearance at the destination.

12. In so far a export to USA, EEC and Austria of hand- loom fabrics, made-up articles made from handloom fabrics and concerned, shipments will be permitted by the Customs on the basis of the certification by the Textile Committee without the requirements of quota endorsement by the Export Promo- tion Council or other authorised bodies concerned.

13. In respect of 'India Items' which are typically Indian traditional folklore textile products, shipments will be per- 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 items specified as 'India Items' no quota endorsement by the Export Pro- motion Council concerned or by any other duly authorised body will be required, for endorsement of the shipping bills by the Customs authorities.

14. Whenever the consignment is ready for shipment, the exporter shall_ submit the necessary shipping documents (in- cluding shipping bills in duplicate and proforma application in duplicate covering the details of goods under shipment to the Export Promotion Council designated for this purpose or to its up-country port representatives alongwith quota certifi- cate, for obtaining quota endorsement and for issuing the necessary export certificate. Thereafter, the documents shall

be submitted to the Customs for completion of the shipping bills and other formalities. In all these cases the shippers will be required to inform the Export Promotion Council concerned or its up-country port representatives from whom the quota endorsement is obtained, the number and the date of shipping bills after the same are collected from the Cus- toms.

15. The export Certificate is meant for the buyer and hence the same after obtaining from the Council has to be forwarded by the shipper to his buyer alongwith other relative documents.

16. Export will be allowed from any port in India.

17. The addresses of Export Promotion Councils are as

follows :

1. The Cotton Textiles Export Promotion Council 'En- gineering Centre, 9, Mathew Rojd, 5th Floor, Bombay-400004.

2. Wool and Woollens Export Promotion Council, 714, Ashoka Estates 24, BaraVhamba Road, New Delhi- 110001.

18. Persons to whom quotas are allowed in accordance with the above arrangements but who do not utilise them fully would be liable to disqualification from getting future quotas without prejudices to any other action that may be taken in this behalf.

C. VENKATARAMAN, Chief Controller of Imports & Exports

PBINTBO BY THE MANAGER, QOVT. OF INDIA PRESS, RING ROAD, NEW DELHI-110O64

AND FUBLISHBD BY THE CONTtlOILER OF PUBLICATIGSS, DEI4II-110054, 1079