REGISTERED No. D. (D.N.)-72
The Gazette of India
EXTRAORDINARY
PART I—Section 1
PUBLISHED BY AUTHORITY
No. 156] NEW DELHI, WEDNESDAY, SEPTEMBER 14, 1983/BHADRA 23, 1905 Separate paging is given to this Part in order that it may be filed as a separate compilation
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726 GI/83
2 THE GAZETTE OF INDIA : EXTRAORDINARY TPART I—SEC. 1 ]3
4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I—SEC. 1]MINISTRY OF COMMERCE
EXPORT TRADE CONTROL
Public Notice No. 40-ETC(PN)/83
New Delhi, the 14th September, 1983
Sub. :—Scheme of Exports under OGL-3 of certain Fabrics and/or made-up items made from Cotton, Wool and Man-made Fibres, to USA, European Economic Community Member States, Canada, Austria and Finland from 1-1-1984 to 31-12-1984.
F. No. 2/56/83-E.L—1. The Scheme.—This Scheme relates to the exports of certain Fabrics and/or inade-ups items of (i) Cotton, Wool and Man-made fibres to USA, European Economic Community Member-States, (Federal Republic of Germany, France, Italy, Benelux, U.K., Ireland, Denmark and Greece) Austria and Canada and (ii) Cotton and Man-made fibres to Finland for the period 1-1-1984 to 31-12-1984.
2. Agencies for the Administration of the Sche- me.—Unless otherwise directed, the Cotton Tex- tiles Export Promotion Council, Bombay (TEX- PROCIL) will allocate export entitlements for all fabrics and made-ups except woollen fabrics and made-ups for which Export entitlement allocation will be done by the Wool and Woollens Export Promotion Council, New Delhi (W&WEPC). How- ever, necessary certification for all fabrics and made-ups including the woollen fabrics and made- ups will be done by the Cotton Textiles Export Pro- motion Council. Lists of categories of textiles products covered under the scheme are available with the Cotton Textiles Export Promotion Coun- cil and the Wool and Woollen Export Promotion Council. Government reserves the right to make changes as considered appropriate, with regard to the agencies for the administration of the Scheme.
3. Systems and Quantum of Allotment, and Divisions of the Allotment year.—There will be three systems of allocation of quantity for export:—
3.1 30% of the annual level will be allocated on the basis of past performance. The balance (70% of Annual level) will be allocable on FCFS contract reservation basis and FCFS ready goods basis in the ratio of 55 : 45 respectively. For the purpose of allotment on the basis of past per- formance there will be a single period from 1-1-1984 to 30-9-1984. However, for FCFS con- tract reservations and FCFS ready goods, the year will be divided into two six months period 1-1-1984 to 30-6-1984 and 1-7-1984 to 31-12-1984.
60% of the quantity available under these sys- tems (FCFS Contract reservation and FCFS Ready Goods) will be allotted during the first period and 40% during the second period. The above pe- riods [systemwise ratios may, however, be modi- fied by the Government depending upon the de- mand patterns and other parameters.
4. Reservation for Segments.—Wherever ex- port entitlements for cotton, woollen and man-made fibres are combined, the reservation for woollen and synthetic items will be done in terms of speci- fic quantities. The actual quantities will be deter-
mined by the Textile Commissioner after ascertain- ing the firm requirements from the respective Councils, keeping in view the past pat ctn, and prevailing trends. Depending upon the demand trend, the quantities so fixed may be modified.
5. Past performance entitlement.— (i) Agency lor determining entitlement^.—The agency tor cal- culation oi the entitlement under the past perloi- mancs system in respect of each exporter will be the Cotton Textiles Export Promotion Council, liombuj, (TEXPROCIL J. The Textile Commis- sioner, will lay down procedures in this regard and supervise the work of the TEXPROCIL.
(ii) Base Period.—The entitlement shall be determined prorata for each country|category com- bination on the basis of the average of export during 1981-1982 and January-June 198? for each country [category for each exporter.
(iii) Tiansfeiability of past performance entitle- ment.—PP entitlement shall be transferable sub- ject to the following conditions :—
(a) An exporter will have the option to trans- fer any portion of his entitlement to any other exporter at any time during the year.
(b) The quantity transferred shall be counted as exports of the transferee, who act- ually ships the goods.
(d) Any exporter, who has transferred quanti- ties in a particular category/country to another exporter shall not be eligible to seek transfer from any other exporter to himself in the same category/country.
(e) Transfer of PP entitlement in a particular country/category shall not be allowed to the exporters who have FCFS contract reservation quota in the same catcgoiy/ country.
6. FCFS contract reservation systems.—For allotment on FCFS contract reservation basis, the expoiters will have to submit, alongwith the appli- cation, performance bond backed by bank gua- rantee for the value calculated at the rate of 50 pajse/per dozen. In case of all categories/count- ries where the unit of allocation is in Kilogram, 5 paise per_ square yard equivalent in Fabric catego- ries of USA and Canada and 12 paise per dozen in case of exports of handkerchiefs to European Eco- nomic Countries and USA. The rates foi other categories/Countries concerned will be announced by fEXPROCIL under this system, endorsement by the TEXPROCIL shall be valid for a period of 21 days subject to the condition that no endorse- ment made during any period shall be valid beyond
5
10. clear days from the expiry of the period con- cerned.
7. FCT-S Ready goods system.—In the case of allocation of quantity on the basis of FCFS ready goods, the exporters will have to submit the Tex- tic Committee inspection certificate, AR 4|AR 5 forms, whenever applicable alongwith the appli- cation and shipping documents. Shipments against allocation of FCFS ready goods basis will have to be offered within 10 clear days from the date of certification. However, this period can be ex- tended in exception cases for valid reasons on specific authorisation from Textile Commissioner.
8. Slow moving items.—In line with practice followed during the year 1983, the Textile Commis- sioner, will identify and announce a list of slow moving items on the basis of past exports and prevailing trends. Such items will be eligible for the following relaxations :—
(ij The provisions regarding earnest money deposits and bank guarantee would be dispensed with in the Case of slow- moving items, specially identified for this purpose, by the Textile Commissioner on the basis of past exports and prevailing trends.
(h) For the identified slow-moving items, ap- plicants will have to submit only the per- formance bond in the proforma pres- cribed by TEXPROCIL without any Bank Guarantee or Cash deposit.
9. Earnest money deposits, Bank guarantees and forfeitures thereof.—An exporter who exports not less than 90% of the export entitlement allotted to him under FCFS Contract Reservation or FCFS ready goods system in a particular export entitle- ment period of within the whole year under Past Performance System, will not be liable to the for- feiture of EMD/Bank Guarantee. An exporter who performs not less than 75% but less than 90Vo will have to pay proportional foreiture. If we export entitlement utilisations less han 7 5% the exporter will be liable to forfeiture of his EMD |Bank Guarantee in full. This will be subject to force majeure conditions, wherever these arise.
9.2 In cases where the utilisation is not less than 75% within the validity period, but less than 75% to 90% exporter will have to pay proportional forfeiture. If the export entitlement is less than 75^ he- may be given the option to seek extension for ihc next allotment period within the export entitlement year. Application for extension shall be filed within one month of the end of the rele- vant period. In such cases, the exporter will have to execute a bond supported by Bank Guarantees at double the rates as given in para 6 above. In the case of his failure to export fully, (he bond/ bank guarantee will be liable to be forfeited in full.
6 THE GAZETTE OF INDIA : EXTRAORDINARY PART I—SEC. 1].9.3 Exporters to whom export entitlements are alloted in terms of this policy but who do not uti- lise ui£in would renaer tneniselves hajie to Uis- quahncation irom tuture allotment;, without pre- judice to any other action that may be taken in tfns behalf.
10. Appeal against forfeiture of EMDs/Bank Guarantees.—^or tne purpose of giving due con- sideration to representations made by exporters against forfeiture of EMDs|iJank Gudranices for non-uunsauon of allotted export entitlements, the following procedure will apply. On forfeiture of hiMusjadoK (guarantees by tne Cotton Textiles Export Promotion Council the exporters ccnccr- ncu may appeal against such forfeiture to the Tex- tile Commissioner, Bombay within fifteen days of receipt oi the Communication regarding the lor- feiture. The Textile Commissioner lhall upon receipt of the representation give a ruling as early as possible. It, in any case, the exporter is not satisned with the decision of the Textile Commis- sioner, he may prefer an appeal against the deci- sion within IS days of receipt of the communica- tion conveying the decision. The second appeal will lie with Department of Textiles and will be dealt with by an Appellate Committee constituted by the Government.
11. Supervision of allocation of export entitle- ments.—-me Textile Commissioner, Bombay, win continue to exercise day to day supervision over the matters relating to allocation of export entitle- ments. A Coordination Committee with the Tex- tile Commissioner as Chairman and with the rep- resentatives of the concerned EPCs as members will review the operation of the policy periodically. On matters where there is difference of opinion, the decision of the Textile Commissioner will be final.
12. Clearance by Customs.—A. Products under restraint.—Shipments will be allowed by Customs authorities at the ports of shipment after varifying the cer lhcation ot export entitlement of the original and duplicate of sniping bills for individual con- signments issued by the Cotton Textiles Export Promotion Council or any other appropriate agency designated for this purpose.
B. Han,dloom products.—In so far as exports of all handlooms fabrics/made-ups corresponding to restrained items are concerned, shipments will be pennittcd by the Customs on the basis of 'Ins- pection Endorsement' by the Textile Committee in part-2 of the Combination Form.
C. Made-ups falling under India items.—In res- pect of 'India Items' which are traditional folklore handicraft textile products of India, shipments will be permitted by the Customs for exports to EEC, USA, Finland, Austria and Canada on the basis of appropriate certificate issued by the Office of the Development Commissioner (Handicrafts) or the Textile Committee.
13. (A) Export certificate, certificate of origin and Visa.—The following certification required under the relevant Bilateral Textile Agreement will be issued by the Cotton Textiles Export Promotion Council or any other body duly authorised in this behalf ;—
(i) U.S.A. : (a) Vis" for a]! Mill-nrde f brics and m de-ups consignments valued over US $250.
(b) Exempt certificate for consign- ments valued :jt US $250 or less. (ii) EEC : Exp 'at Certificate and Certiflc at-
os <-f origin fcr Ml rcstrfi-ued items of Poweilcom/Miil-m dc/Kriitted oiigin. (iii) C mada : Exp >rt Certificates for ft brics and made-ups of pcwerloim, mill-m do or knitted Origin wh- ich .-re subject to r e straint except for coiisigi.metns valued ai less than Can. dii-n $500.
(iv) Austria : E x p jit Certificates for Pfbrics/
mado-ups <-f pi_werloi.m/mill- m de origin subject to rcstrr i1- nt of survaiUaici.
13. (B) Handloom exempt certificate.—In the case of export of all Handloom fabrics/Made-ups corresponding to restrained items to Canada, Cot- ton Handloom Textile Fabrics/Made-ups to Aus- tria, all handloom fabrics and made-ups to EEC and the U.S.A. the Textiles Committee will issue the Certificate as prescribed in the Bilateral Agree- ments for such products.
14. Exports will be allowed from any port in
India.
15. Government reserves the right to make amendments to any of the foregoing provisions without giving prior notice.
16. The addresses of the concerned Export Pro- motion Councils and of the Offices of the Textile Commissioner, Textile Committee and Develop- ment Commissioner (Handicrafts) are as follows :—
1. The Cotton Textiles Export Promotion
Council, Engineering Centre, 5th Floor, 9, Mathew Road, Bornbay-400004.
2. The Wool and Woollens Export Promo-
tion Council, 612/714. Ashoka Estate, 24. Bara- khamba Road, New Delhi-110001.
3. Office of the Textile Commissioner
Post Box No. 11500, Bombay-400020.
4. Textiles Committee,
'Crystal' 79, Dr. Annie Besant Road, Bombay-400018.
-V Development Commissioner (Handicrafts)
West Block VII, R. K. Puram, New Delhi-110022.
Sd/-
ANAND SARUP, Addl. Secy.