REGISTERED No. D. (D.)-72
The Gazette of India
EXTRAORDINARY
PART I—-Section 1
PUBLISHED BY AUTHORITY
No. 152] NEW DELHI, MONDAY, JULY 28, 1980/SRAVANA 6, 1902 Separate paging is given to this Part in order that if may be filed as a separate compilation
513 GT/80
(603)
604 605MINISTRY OF COMMERCE
New Delhi, the 28th July, 1980
EXPORT TRADE CONTROL
Public Notice No. 47-ETC (PN)/80
Subject : Scheme for exports under O. G. L. 3 of certain fabrics and/or made ups items made from Cotton Wool and man mudc fabrics to U.S.A., E.E.C. member states, Norway, Finland, Austria and
Canada from 1-1-1981 to 31-12-1981.
F. No. 2/55/80-EI.—This scheme relates to the export of certain fabrics and|or made ups items of (i) Cotton, Wool ami man-made fibres to U.S.A., E.E.C. countries (F.R.G., France, Italy, Benelux, U.K., Ireland, Denmark, Norway, Canada, (ii) Cotton and man-made fibres to Finland and (iii) Cotton to Austria, for the period 1-1-1981 to 31-12-1991.
2. The list of categories of textile products covered under the scheme is available with the Cotton Textile Export Pro- motion Council and the Wool and Woollen Export Promo- tion Council. Unless otherwise directed the Cotton Textile Export Promotion Council, Bombay (TEXPROCIL) will allocate quotas for all fabrics and made ups except woollen fabrics and made ups for which quota allocation will be done by W&WEPC. However, necessary certification for all fabrics and made ups including woollen fabrics and made ups will be done by TEXPROCTL. The Government reserves the right to make changes as considered appropriate with regard to the agencies for quota allocation and certification and with re- gard to transfer of any part of the work to any other agency.
3. 25 per cent of the annual level will be allocated on fhe basis of past performance. Past performance quota will be determined by CCI&E on the basis of exports in the past- details whereof will be notified separately. The balance (75 per cent will be allocablc on FCFS firm contract basis and FCFS ready goods basis in the ratios of 55:45 respectively. For the purpose of quota allotment under Past Performance there will be a single period from 1-1-1981 to 30-9-1981. However for FCFS contract reservation and FCFS ready goods, quota year will be divided into two six monthly periods 1-1-1981 to 30-6-1981 and l-7*-1981 to 31-12-1981. 60 per cent of quota available under these categories will be allot- ted during the first half and 40 per cent during the second half.
4. Shipments against quota allocations on FCFS ready goods basis will have to be effected within 10 clear days from the date of quota endorsement. However, this period can be extended in exceptional case for valid reasons on specific authorisation from the Textile Commissioner or his representative.
5. Wherever, the quotas for Cotton, Woollen and man- made fibres and combined, the reservation for woollen and synthetic will be done in terms of specific quantites. The actual quantities will be determined by the Textile Commis- sioner after ascertaining the need from the respective Coun- cils uftcr keeping in mind the pattern for the last year and future prospects. Depending upon ihs demand trend the above quantities fixed may have to be modified, if required.
6. In cases, where handloom and mill-made items arc clubbed together for allocation, the ratio of handloom to others in case of U.S.A. will be 2:1 whereas it will be 1:1 for other areas. These ratios may be amended according to demand trends.
7. For quota allotment on FCFS firm contract basis,, the applicant will have to submit alongwith the application per- formance bond for the value calculated at the rate of 50 Paise|Kg. in the case of all categories]countries where the unit of allocation is kilogram, at 5 paise per Sq. Yard equi- valent in the Fabric Categories of U.S.A. and Canada and 12 puiseper Dozen for handkerchiefs for exports to EEC and U.S.A. The rates applicable for all other categories|countries concerned will be announced by TEXPROCIL.
In case of quota allocation on FCFS ready goods basis, the applicant will have to submit the Textile Committee Inspection Ccrtificate|AR4|AR5 forms wherever applicable alongwith the application and the shipping documents.
If utilisation within the validity period of quota allotment is not less than 90 per cent full amount of performance bond will be refunded on production of evidence of exports. If the utilisation of allotted quota is less than 90 per cent full amount of the performance bond will be liable to be forfeited ex- cept in conditions of force majeure. Further, except In con- ditions of force majeure, if the surrender of quota is in ex- cess of 25 per cent of allotment, Government may coasider debarment of such shippers from quota allotment.
9. Quota endorsement against past performance entitle- ment, will not be subject to performance bonds condition provided the goods are shipped by .10-4-1981. The entitlement however can be surrendered by 31-5-1981 after which no surrenders will be accepted. For quotas retained after 30-4-81, performance bond as in para 7 will have to be furnished.
9. In line with the practice followed during second half of 1979, the provisions regarding bank eunrantec :'nd de- posits would be dispensed with in case of slow moving items specially identified for this purpose by the Government of India in consultation with the Textile Commissioner.
For the identified slow moving items, applicants will have to submit only the performance bond in the proforma as prescribed by TEXPROCIL without any bank Guarantee or cash deposit. Besides, anybody who comes for allocation either on FCFS ready goods basis or FCFS firm contract basis, will get the allocation subject to availability. The Government will inform, all concerned, after the identification of such slow moving items on the basis of past export figures and possible expectations during the current year.
10. Unless specified to the contrary, the Textile Commi- ssioner, Bombay, will continue to have day-to-day supervi- sion over the matters relating to quota allocation. A Coordi- nation Committee, with the Textile Commissioner as Chair- man, and representatives of various Councils concerned will review the situation at least once a month. In case of diffe- rence of opinion, the matter will be decided by the Textile Commissioner.
11. Government reserves the right to make amendment in any of the provisions of these quota distribution guidelines without giving prior information.
12. Shipment will be allowed by the Customs authorities at the ports of shipment on the basis of quota endorsement on the original and duplicate of the shipping bills for indi- vidual consignments issued by the Export Promotion Council or any other appropriate body designated for this purpose. In respect of USA, however, before allowing shipments, th;
606 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I—SEC. 1]
Customs authorities would also verify the visa endorsement on,tup special customs invoice No. 5515 issued by the Export Promotion Council concerned or tiny authorised body pres- cribed for this purpose, including thssfr representatives. In res- pect of exports to EEC Member States, and Canada along- wiLh the quote endorsement, the Expoi t Promotion Council concerned or, any other body, duly authorised in this behalf will issue export certificate and certificate of origin In respect of other categories not having individual category limits for forwarding these certificates to importers for obtaining clea- rance at the destination.
IT. In so far as exports to USA, EEC, Canada and Austria of handloom fabrics, rnnde-up articles made from handloom fabrics are concerned, shipments will be peimitted by the Customs on the basis of the certification by the Textile Com- mittee without the requirements of quota endorsement by the Export Promotion Council or other authorised bodies con- cerned.
14 Tn respect of "India items' which are typically Indian traditional folklore textile products, shipments will be rer- mittcd by the Customs for exports to USA, EEC and Canada on the basis of appropriate cer'ificates issued by the All India Handicrafts Board or the Textile Committee. For items Specified as 'Tndia Items' no quota endorsement by the Export Promotion Council concerned or by any other duly authorised body will be required, for endorsement of the ship- ping bills by the Customs authorities.
15. Whenever the consignment is ready for shipmen*. the exporter shall submit the ntcessary shipping documents (in- cluding shinping bills in duplicate) and proforma applica- tion in duplicate covering the details of goods under ship rent to the Export Promotion Council desisnated for this rmpohc or to its up-country port representatives alongwith quota cer- tificate, for obtaining quota endorsement and for issuing tho necessary export certificate. Thereafter, the document!; 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 concer- ned 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 Customs.
16. The Fxport Certificate is meant for the buyer and hence the same after obtaining from the Council has to be for- warded by the shipper to his buyer alongwith other relative documents.
17. Export will be allowed from any port in India.
18. Tho addresses of Export Promotion Councils arc as
follows :
1. The Cotton Textiles Export Promotion Council, 'Engineering Centre', 9 Mathew Road, 5th Floor Bombay-400004.
2. Wool and Woollens Export Promotion Council, 714. Ashoka Estates, 24, Barakhamba Road, New Delhi-110001,
19. Persons to whom quota1: ;irc allowed in accordance with the above nrrnngt*me*its h"t who t'-i not ntMkc ihcrn fully would be liable to disqualification from getting future quotas without prejudice to any other action that may be taken in this behalf.
MANI NARAYANSWAMf,
Chief Controller of Imports and Exports
I ' R W EP \JY THE MANAGER, 0OVT. OF INDIA PRKSS, RING ROAD, NEW DhLHl-110064
AND PUIlUSUfcD BY THE CONTROLLER OF PUBLICATIONS, PELH1-110054, 19R.T