PRAG & ASSOCIATES

02 (RE-2013) / 2009-2014 dated 18/04/2013

Amendments in Chapter 4 of the Foreign Trade Policy 2009-2014.

TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY
PART-II, SECTION-3, SUB SECTION (ii)

GOVERNMENT OF INDIA
MINISTRY OF COMMERCE AND INDUSTRY
DEPARTMENT OF COMMERCE

NOTIFICATION NO. 02 (RE-2013)/ 2009-2014
NEW DELHI, DATED THE 18th April, 2013

In exercise of powers conferred by Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 (No.22 of 1992) read with paragraph 1.2 of the Foreign Trade Policy, 2009-2014, the Central Government hereby notifies the following amendments in the Foreign Trade Policy 2009-2014 to be incorporated in the Annual Supplement. This shall come into force w.e.f. 18^th April, 2013.

(1) In Chapter 4 a new sub-para (d) after para 4.2.6(c) of FTP is being inserted to disallow exemption from Antidumping duty and Safeguard duty once a DFIA is made transferable. The sub para (d) to be inserted would read as under:-

“Exemption from Antidumping Duty and Safeguard Duty would be available on actual user basis only, i.e. before endorsement of ‘transferability’.”

(2) The word “energy” in second sentence of para 4.1.3.1 of the FTP stands deleted.

(3) In para 4A.16A of FTP inserted vide Notification No.30 dated 31.01.2013 in respect of Private/Public Bonded Warehouse the minimum value addition of 5% shall be only for DTA units and not SEZ units. Accordingly, the para may be modified as under:

“ Private/Public Bonded Warehouses may be set up in SEZ/DTA for import and re-export of cut and Polished diamonds, cut and polished coloured gemstones, uncut & unset precious & semi-precious stones, subject to achievement of minimum VA of 5% by DTA units”.

Effects of this Notification: Anti-dumping duty and safeguard duty would be leviable on goods imported against transferred DFIAs. Advance Authorisations will no more be available for import/supply of ‘energy’. Value Addition in respect of SEZ (in respect of para 4A.16A of FTP) would be as per SEZ Act.

(Anup K. Pujari)
Director General of Foreign Trade and
E-mail:dgft@nic.in

(Issued from F. No. 01/ 94 / 180 /395 - Foreign Trade Policy / AM13 / PC-4)

Opinion

There are three changes by this notification:-

1. Anti-dumping duty and safeguard duty was not leviable when goods were imported against DFIA. Now, it has been amended that these duties will not be leviable when these are used by exporter only. This means that the anti dumping and safeguard duty will be levialbe on goods imported against transferred DFIAs.

2. Advance Authorisations will no more be available for import/supply of ‘energy’.

3. Value Addition in respect of SEZ would be as per SEZ Act.