Issues discussed
with officials during Open House
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| Sitting on the dais,
from right are, Mr. B.S. Meena, DGFT; Dr. R K Dhawan, Chairman,
FIEO(NR); Mr. G.K. Pillai, Commerce Secretary; Mr. R.G. Bagla,
President, Merchants’ Chamber of Commerce of UP; and Mr. Atul Kumar
Gupta, Indl. Dev. Commissioner, UP |
Query: Appreciation
in the value of Rupee by 10% during the last few months has put a question
mark on the viability of export of many products. Exporters are feeling the
heat and we request you to provide some relief.
Response:
C&IM has already announced a package for exporters on 13th June to deal
with the problem of appreciation of Indian Rupee which proposes duty
entitlement pass book (DEPB) and duty drawback rates to be enhanced by 5%,
rate of interest on pre-shipment and post-shipment credit to be reduced for
exporters to 6%, exchange earners’ foreign currency (EEFC) accounts to be
made interest bearing, scheduled commercial banks to be mandated to meet 15%
export credit disbursement target, service tax exemption/refunds for exports
to be notified as early as possible, and ECGC premia to be reduced by upto
10%. All these recommendations, except the one concerning with ECGC,
have been taken up with the Ministry of Finance.
Query:
Reduction of Transaction cost for exports is proposed to be achieved by
measures such as doing away with the penal interest being charged by banks,
fixing the interest rates on EPC at a level matching with the rates in the
competing countries, etc. Government should consider reimbursement of cost
disadvantage due to infrastructure gap, transaction cost and high interest
charges on export finance which has witnessed an increase of almost 2.5
percent in the last one year. A recent study has indicated that owing to
various cess, levies, export & import procedures and infrastructural
constraints, out leather industry is at 17.06% disadvantage vis-à-vis our
neighbors.
Response: Government
is committed to refund all central taxes. State taxes such as octroi,
electricity duty and cess on petrol and diesel are also being considered for
re-imbursement through a separate mechanism. For reducing transaction cost,
the Government is identifying the procedures which add to cost and shall try
to simplify such procedures. All departments like DGFT, Customs and Excise
are doing their own in-house evaluation to reduce transaction cost.
Development Commissioners in SEZs are acting as single window for providing
all clearances to units in SEZs in order to reduce the transaction costs.
Query:
Hon’ble Finance Minister has reduced excise duty on Footwear Components
from 16 percent to 8 percent in this year’s Budget, but inputs to make
these components still attract 16% excise duty. As Cenvat towards duties
suffered on inputs is more than the excise duty on the end product, so there
is no cost reduction on components. This issue may be taken up with Finance
Ministry.
Response: Council
for Leather Exports (CLE) may furnish the list of such inputs where inverted
duty structure is faced by the industry.
Ministry of
Commerce and the CLE have taken major initiatives to increase the exports of
leather and leather products to USD 7 billion by 2010-11. in order to
achieve the same, following aspects need to be considered.
a) In the new
IDLS scheme, the maximum cap be increased to 100 lacs, further civil cost of
building to augment the existing capacities be also applied.
b) Labour
laws need simplification.
c) A major
challenge faced by SME’s is the scarcity of trained manpower. Ministry of
Commerce should take up the issue of training with the Ministry of Labour to
import vocational training under PPP model as ITI’s programmes in the
state of UP are not tuned with today’s requirement.
Response: Funds
to the extent of Rs. 4000 crore have been earmarked for development and
modernization of ITIs. The selection of ITIs may be made by the State
Governments as per the requirements of local Industry. Commerce Secretary
agreed to recommend to DIPP for increasing the maximum cap from Rs. 50 lakh
at present to Rs 100 lakh under IDLS scheme.
Query:
Under the IDLS Scheme, there is a provision of 20% grant/subsidy on expenses
incurred on the visit of Foreign Technical Experts if required to be called
to visit the unit in India. Logically, if the technical staff of the units
under IDLS scheme is required to be sent abroad for training etc., the cost
of the visit/training, including passage and maintenance in the country of
visit should be subsidized by at least 50% as the training received by the
staff will become a permanent asset to the unit and the country. Similar
treatment should be given to Textile Industry also.
Response: Commerce
Secretary feels it is doable and a proposal for overseas training of
technical experts can also be considered under MAI scheme if detailed
proposal is submitted by the Association (UPLIA).
Query:
In order to keep existing EOUs competitive with units in SEZ, the income tax
exemption for EOU units must continue after 31st March 2007. This will save
many EUO’s turning sick and also save the livelihood of lacs of workers.
Response: This
is a major policy decision to which the Finance Ministry is apparently not
inclined. The industry should wait and continue to create pressure through
state government.
Query:
Exports to countries such as Colombia, Honduras, Brazil, Mexico and
Guatemala in the Latin American region and Algeria, Sudan, Egypt, South
Africa, Kenya and Tanzania in Africa suffer high freight cost besides other
disabilities. Since the objective of the Focus Market Scheme is to offset
the high freight cost and other disabilities such as payment risks, high
bank charges, etc., these countries should be included under Focus Market
Scheme.
Response: The
fund available under Focus Market schemes is only Rs 1000 crore. More
countries may be included once there are more funds.
Query:
Ministry of Commerce should assist exporters in selling products in Focus
Market countries. Updated buyer’s data should be made available to
exporters and market studies should be conducted by reputed professionals of
these countries in addition to the studies done by our embassies. Warehouses
should be set up by independent bodies for stock and sale in these
countries.
Response: Export
promotion councils should take the responsibility of updating buyers’
database. For setting up warehouses, the MAI scheme can be availed.
Query:
Kanpur is developing into Safety Footwear Capital of the world. Appropriate
ministry may be requested to set up a world-class testing facility for
Safety Footwear in Kanpur.
Response: Money
is no constraint for such activity, let a formal proposal come from the
Trade.
Query:
As per Para 4.7.6 of Hand Book of Procedure where SION norms are not
finalized by norms committee within four months from the date of issue of
authorization norms as applied for should be treated as final and no
adjustment should be made. However, in a recent case, norms committee did
not respond for almost 8 months and meanwhile the exporter completed 100% of
export & import. Later, the norms committee intimated the exporter about
changes in norms, thus, putting the exporters in a fix. Norms committee is
requested to follow the policy in its true spirit.
Response: DGFT
promised to check it in future and assured that no retrospective change will
be done. Commerce Secretary said that exported quantity would not be subject
to revised norms unless the same was communicated within the stipulated time
limit of four months.
Query:
There is a mounting demand for Finished Chrome Tanned Upholstery Leather for
use in home furnishing, furniture and automotive seat covers etc. Since the
tanning process of this product is different from that of normal finished
leather, the tanning and finishing chemicals required for the two products
are also different. Fixation of ADHOC Norms for the former product is
pending with the ALC in the office of DGFT, New Delhi for the last 16 months
and exporters are finding difficult to cope up with the increasing demand of
the product in the overseas market.
Response: Commerce
Secretary advised the CLE to take the matter with DGFT.
Query:
Export of handicraft Items such as glassware for table, kitchen, toilet,
office, indoor decoration (excluding handicrafts under ITC HS 7010 &
7018) is entitled for benefit under Focus Product Scheme as per Para 3.10 of
the Foreign Trade Policy. As per Appendix 37-D of the Policy, handicrafts
made of cast iron, iron & steel, galvanized iron with brass and copper,
are also eligible for benefits under this scheme. Logically, composite
handicraft items made of glass and one or more of the above materials such
as iron, brass or copper should also qualify for benefits under the said
scheme. A proper notification is required to clarify this.
Response: Commerce
Secretary agreed to it in principle and assured to clarify the matter within
a month.
Query:
In the Union Budget for 2007-08, no change is proposed in customs duty on
raw-materials for manmade textiles such as fiber/filament yarn. The
reduction in custom duty is proposed only on polyester fiber/filament yarn.
However, with the increase in education cess by 1%, the net impact of this
reduction is marginal. Further, although manmade textiles comprises of over
60% in the total global textiles trade, India’s share in this is only
about 2%. Besides, exports of manmade fibre textile have been declining in
the last few months as the products are not competitive. Therefore, an
increase in the DEPB rates will go a long way in increasing the exports of
manmade fibre textiles. The DEPB rates need to be increased for all manmade
textiles items covered under Product code 89 and 62 of the DEPB schedule.
Response: Commerce
Secretary advised that industry may take the matter with DGFT.
Query:
Although 4% SAD paid on imports are allowed to be taken as Cenvat credit,
there are many manufacturers in various sectors who are out of the purview
of the Central Excise Rules due to optional duty and therefore such
manufacturers cannot take Cenvat credits. DEPB Rates need to be revised to
include 4% Special Additional Duty. Alternatively, 4% SAD should not be
levied on imports against DEPB. Duty on fuel should also be factored in the
new DEPB rates.
Response: DGFT
informed that the DEPB Committee was working on it and the decision is
expected in a month.
Query:
In terms of Para 4.4.2 of Foreign Trade Policy updated as on 19.04.2007, the
concept of pre & post DFIA is not clear. In both the cases, application
has to be filed with concerned RLA before export takes place. As such, there
appears no demarcation between the two. Alternatively, in case of post
export, the DFIA should be issued after the exports are completed like
erstwhile DFRC and the CVD part of DBK is claimed at the time of exports and
CVD is paid on inputs at the time of Imports.
Response: Commerce
Secretary asked FIEO to send a note for further consideration.
Query:
The Release of BG/LUT by the Customs against DES & EPCG needs
simplification. At present, the Redemption Certificate issued by the JDGFT
in respect of Advance Licence/EPCG Licence is not considered sufficient by
the Customs to discharge/release the BG/LUT. The same procedure is repeated
by the Customs which has already been adopted by the JDGFT for the issuance
of the redemption certificate. This sort of duel monitoring of these schemes
and the repeat formalities required by the Customs are harassing and time
consuming besides adding to the transaction cost. It must be monitored by
one agency.
Response: This
is accepted in principle. Custom may issue a Circular reiterating their
earlier circulars so that the same procedure of redemption is not repeated.
Query:
Composition fees should be revised to nil and 2% on the duty saved in case
of extension in EO period for first six months and for the second six months
respectively. This is against the spirit of the Commerce Ministry towards
procedural simplifications.
Response: Very
few cases require extension of EO and incorporation of force majeure
clause takes care of extraordinary problems faced by the industry.
Query:
10% cut on late submission of ‘the application of issue of DEPB and other
incentive scripts’ is too harsh. It should be revised to only 2% for first
six months and 5% for the second six months.
Response: DGFT
agreed to the above proposal with regard to change in late cut.
Query:
Leading producers and exporters of gold jewellery are affected by the
reduction in duty free entitlement for import of consumables from 2% to 1%
of FOB value of exports of the preceding year for Gold and Platinum
Jewellery. With exports expected to increase in coming years, the
consumption of consumables is also expected to go up substantially. Thus,
the reduction is a retrograde step. The entitlement should be increased to
3%-4% for duty free import of consumables, tools, machinery and equipments
on the FOB value of exports of the preceding year for Gold and Platinum
Jewellery.
Response: Commerce
Secretary informed that no reduction has been made in the recently announced
Policy. If the trade has found anything otherwise, it will be corrected.
Query:
Once transferability is endorsed, imports against DFIA or transfer of
imported inputs are subject to payment of CVD/excise duty. Transferability
is endorsed on the DFIA only after the completion of the export obligation.
Therefore, there is no justification for imposing CVD/excise duty. Further,
to get back such CVD/Excise Duty through the drawback route is cumbersome
and time consuming. Secondly, since most of the units in the manmade
textiles sector have opted out of the Cenvat chain, they cannot avail of
Cenvat credit also. Imports/transfers against DFIA with transferability
endorsement should be free from the payment of CVD/excise duty
Response: Commerce
Secretary observed that the intention of modification is to plug loopholes
for double benefit where industry is both availing CENVAT and exemption from
additional customs duty. However, he promised to address the concern of the
industry.
Query:
At present, the Export Obligation is fixed as average of the past three
years of export performance in addition to the additional export obligation
depending upon the duty amount saved. In order to ensure that the exporters
having large export performance are not at a disadvantageous position as
compared to those having low past export performance, the EPCG applicant
should have two options - 5 times of the CIF value of capital goods imported
or the average of the last three years of same/similar product whichever is
lower; OR, 5 times of the CIF value of Capital Goods imported or the total
Average performance of the exporter, independent of the resultant products
to be manufactured with the use of machines whichever is lower.
Response: Commerce
Secretary asked the DGFT to get the matter examined.
Query:
At present, the practice of calculating the equivalent US$ of the export
proceeds realized in different convertible currencies for the entire period
of export obligation is as per Policy Circular No. 8 (RE-98)/98-99 dated
28.05.98 which is to sum up the total FOB value realized in Indian Rupees
for the entire duration of fulfillment of E.O. from different convertible
currencies and divide by the exchange rate of US$ against Indian Rupees as
mentioned in the licence or as applicable on the date of issuance of
Authorization. This procedure needs to be reviewed and replaced by the
following method.
(a) Total FOB
Value in Indian Rupees realised during a licensing year from different
freely convertible currencies including US$ - Say Rs. X
(b) Average
of US$ rates against Indian Rupee, as notified by the customs every month
Covering the period of exports- Say Rs. Y
(c)
Equivalent US$ = Rs. X/Rs. Y per US$ = US$
(Note: If the
exports realisation period is say from July to November, the average of
exchange rate applicable for July to November as notified vide monthly
custom notifications would be applicable.)
Response: Commerce
Secretary asked the DGFT to get the matter examined.
Query:
Installation certificate is also required to be issued not only for capital
goods but also for Spare Parts, to comply with the requirement of Para 5.3.2
of Handbook of Procedures. Trade has clarified that on many occasions spare
parts are imported to build up the inventory so that at the time of
breakdown of any machinery the same can be replaced without any loss of
time. Thus it is difficult to adhere to the timeframe of six months
stipulated in the procedures. Moreover, as per Para 5.3.4 (iii) of the FTP,
at the time of final redemption of export obligation, licence holder shall
submit certificate of the independent Chartered Accountant confirming use of
spares so imported in the installed capital goods on the basis of their
stock and consumption register. The submission of installation certificate
for spares should be dispensed with.
Response: Commerce
Secretary announced that this has already been accepted and suitable change
will be made by DGFT.
Query:
At present, terminal excise duty is to be paid on Capital Goods procured
against an EPCG licence. This duty is subsequently refunded by the DGFT.
However, such refunds take quite a long time. It is understood that
substantial value of terminal excise duty paid on capital goods procured
under the EPCG scheme remain pending to be refunded for a long time.
Exporters’ working capital is blocked which is hampering their export
efforts. Suitable Bond procedures may be devised to allow those units, which
are registered with the Central Excise departments, to procure Capital goods
against EPCG licences without payment of Terminal Excise duty. Also, there
should be provision for interest payment on delayed refund of terminal
excise duty (beyond three months).
Response: The
issue will again be taken up with the DOR.
Query:
At times, exporter is bound to file more than one application against one
Invalidation letter for claiming refund of Terminal Excise Duty. In terms of
Para 8.3.1 (ii) of Hand Book of Procedures, one TED refund claim is not
allowed to be filed against one invalidation letter irrespective of its
supply period length. Other claims of same half yearly of other invalidation
letters are treated as supplementary claim, attracting a cut of 10% against
same EPCG Licence. Treating such claims, as "Supplementary" and
imposing "Cut" is not justifiable. It would lead to loss to the
exporters as Terminal Excise Duty refund claim is of Central Excise Duty
already paid. To simplify the procedure, It is suggested that Para 8.3.1(ii)
of Hand Book of Procedures may be amended as: "In cases where payment
is received in advance, last date for submission of application may be
correlated with the date of supply instead of date of receipt of Full/Final
payment. Where the supply is against one ‘Invalidation Letter’, one TED
application against that ‘Invalidation Letter’ can be filed irrespective
of its ‘Total Supply Period Length’. However, the supply period would
have a ‘Moratorium Period’ of ‘License Validity for Imports + 12
months" to complete supplies against ‘Invalidation Letter / ARO".
The TED claim can be filed on the basis of ‘Invalidation Letter-wise’
also i.e. more than one claim may be filled in any Half Yearly/Yearly period
against particular license(s)."
Response: DGFT
agreed to the proposal to amend the Handbook as suggested.
Query:
Once the Advance authorization is invalidated for import and release advice
is given to the domestic manufacturers to supply the material under Deemed
Export Scheme, sometimes, small quantity remains unsupplied due to various
reasons. Current practice being followed by JDGFT Office in such cases is to
demand confirmation of short supplies by indigenous suppliers & their
respective JDGFT Office. The suppliers give Certification of their short
supplies to JDGFT Office who issues release advice. This should be accepted
by the Advance Release order issuing JDGFT to allow the re-credit.
Response: Commerce
Secretary agreed to the proposal.
Query:
Shoe and cap are in fact parts of the apparel of a person and hence should
be given the same treatment in the Central Excise Policy of Taxation and
Foreign Trade Policy for incentive etc. as is available for the
"Apparels". The Raw Materials used in their manufacture (viz
Leather) should also receive the same treatment as is available to the
"Textiles". The rejected leather goods of export orders should not
be subject to central excise like the textile ones.
Response: Commerce
Secretary said that the issue concerns Finance Ministry and advised CLE to
make out a case so that DOC can recommend.
Query:
It has transpired that there is a move to include electricity as a
constituent input in determining the DEPB rates. If happens so, it will be
unfair to the units using their own Power Generating plants as per unit cost
of electricity generated by this system is very high and such units will
suffer a great disadvantage. So, the DEPB rates in these case should be
suitably enhanced.
Response: Commerce
Secretary suggested that UPLIA should submit a paper giving justification
for inclusion of electricity as constituent for calculation of DEPB rate.
Query:
Quantitative Norms per unit of export products have been fixed for
consumption of fuel for generation of electricity and specified in SION
items of some export products e.g. G-1, G-14, G-39, etc. This provision has
been made for units having Captive Power plants only. A detailed study of
power requirements and proportionate Diesel consumption in the manufacturing
process of various leather products e.g. finished leather, leather footwear,
leather garment and small leather products (purses, wallets etc) has been
conducted by chartered engineers and government laboratories e.g. C.L.R.I.
and the quantity of fuel consumed per unit for various items has been
determined. A detailed report supported with detailed study charts etc of
the above Agencies has already been sent to the DGFT by the then Chairman,
Central Region L.E.P.C. vide his letter dated 20.09.2005. It is requested
that based on the above study reports, fuel may also be included in SION of
the above leather products for units having their Captive Power Plants in
addition to G1, G14 & G39 only as at present.
Response: CLE
was asked to submit a proposal.
Query:
DGFT Notification No. 49 (RE-2006/2004-2009) dated 20th February 2007
restricts the Import of Betel Nuts through Mangalore port only. Lack of
Infrastructure facilities at Mangalore leads to delayed clearance of Cargo.
Mangalore being a small port, clearance takes much time due to high
congestion resulting in payment of higher detention charges. Having no
testing lab at Mangalore, the testing of imported goods takes long time and
further delays the clearance of Import shipment and results in payment of
higher additional cost. It also results in higher cost of Inland movement of
goods from Mangalore to Northern parts of the Country. Export from Mangalore
being very small, the containers bringing Betel Nuts from abroad do not get
any cargo and are to be brought back empty. This adds to the freight costs
charged by the Foreign Shipping Company from the Indian Importer, thus
raising the overall freight costs further. Similar restrictions imposed
earlier on the import of rubber, iron & steel scrap and timber were
lifted subsequently on representations from the trade. The above
Notification should also be withdrawn.
Response: Commerce
Secretary justified the restriction on imports from Mangalore and said that
this was done on the request of the farmers of that area. We are watching
the situation and shall take a decision at appropriate time, he said.
Query:
A Premier recognized Export House of Kanpur availing benefits of DFCE
against export of Pan Masala & Pan Masala Gutkha has been granted DFCE
for exports already affected. The condition imposed on the License
stipulates as "Goods allowed to be imported under this scheme shall
have a broad Nexus with the Products exported….." In terms of Para
3.7.6 of the then Foreign Trade Policy, it also stipulates" "The
Duty Credit may be used for Import of any inputs; capital gods including
spares, office equipments, professional equipment and office furniture
provided the same is freely importable under ITC (HS) classification of
export & import items for their own use or that of supporting
manufacturers as declared in Appendix 17 D"
In this
regard, the exporter stated that in the export product, one of the major
inputs is Betel Nut which constitutes 68% in Pan Masala Gutkha and more than
74% in Pan Masala. The same is otherwise freely importable under ITC (HS)
classification of export and import items and has a direct and broad Nexus
with their export product. But the Customs do not allow the import of Betel
Nuts against their aforesaid licenses on the ground that Betel Nut falls
under Chapter 8 of ITC (HS) and as such it is not permissible for import
under the Scheme.
Since Betel
Nut is a major ingredient in the product of export, the exporter should be
provided relief against this unjust restriction by way of suitable
amendments in the provisions so that they may be able to import the required
input (Betel Nut) for fulfillment of export commitments and further export
production.
Response: CS
assured to take up the matter as a special case with the Ministry of
Agriculture.
Query:
Suitable provisions should be made to make the MDA grant accessible for
small exporters. Exporters marketing their products under a brand name
should also be encouraged and compensated for the extra expenses incurred by
them to establish their brands in the international market.
Response: Commerce
Secretary asked to submit a proposal in this regard through proper channel
and promised to consider it.
Query:
Exporters making more than 3 shipments per day are facing lot of
difficulties in procurement of the GSP forms ‘A’ from the Export
Inspection Agency. It is suggested that GSP form ‘A’ should be allowed
to be printed by FIEO, PHD Chamber and other reputed organizations and sold
to their members, albeit, the authority to issue GSP form ‘A’ should
continue to remain with EIC to avoid any possible misuse.
Response: Commerce
Secretary informed that the restriction was imposed due to short supply. Now
more printing press have been authorised to print GSP forms and restriction
on number of GSP forms given to a firm/company will go, he said.
Query:
Recently the Minister of State for Commerce, Sri Jairam Ramesh offered
technical support and skill training to top diamond and gold producing
African countries including South Africa. We have been informed that a top
level delegation is likely to visit these countries to formalize ties. The
Merchants’ Chamber of Uttar Pradesh wishes to be a part of this
delegation.
|
FIEO bags
FKCCI Award (Gold)
FIEO (Karnataka Chapter)
has been awarded as the Best Export Facilitation Organisation in Karnataka
for year 2006-07. At a ceremony organised by Federation of Karnataka
Chamber of Commerce & Industry in Bangalore on 16th June to honour top
exporters in Karnataka for various product categories, Mr. P B. Mahishi,
Chief Secretary, Government of Karnataka gave away this award to Mr. K
Unnikrishnan, Jt. Director of FIEO.
FIEO has got this award for
the second year in a row. FIEO scored the highest points among 22 Export
Facilitation Organisations operating in Karnataka in a poll organised by
the Chamber among the exporters in Karnataka. |
 |
Response: Commerce
Secretary agreed to look into it.
Query:
Quantitative and Conditional Restrictions on the Import of Sandalwood (Raw
Material) announced by Ministry of Commerce vide Notification No. 2 dt. 7th
April 06 followed by DGFT Policy Circular No. 1 of the same date has created
an anomalous situation by permitting Free Import of Sandalwood Oil (Finished
Product). The conditions imposed are impracticable to follow. The conditions
are:
"Certificate
of Origin from the exporting country: This certificate is issued only at the
time of shipment and hence it cannot be furnished at the time of submission
of Application for grant of Import Licence.
Phytosanitary
certificate indicating sandalwood species-wise and the country from which it
is to be imported: The procedure for issue of the required certificate is
that the cargo is handed over to the Customs authorities and Port
authorities and then it is put in the Container and Fumigation takes place
and thereafter Container is sealed. After this stage is over, Phytosanitary
certificate is issued. Hence the certificate cannot be furnished at the time
of submission of application for grant of Import Licence for Sandalwood.
As a result,
not a single Licence could be availed of by any applicant. It is a peculiar
case where Import of finished product is allowed freely and the Raw Material
is restricted with conditions. This needs immediate attention.
Response: Commerce
Secretary agreed that it was an anomalous situation and promised to have a
meeting with the Ministry of Environment within a month to discuss the
problem.
Query:
The data submitted to the office of JS DBK was based on a FOB value derived
on the basis of average exchange rate for the financial year 2006-2007 which
incidentally was Rs.45.45 to USD 1.00 while average exchange rate of USD for
the month of May 2007 is Rs.40.79 to USD, i.e. our currency has appreciated
by almost 10.25%. As there is no change in the incidence of Central Excise
duties suffered on inputs for export production in the current financial
year. Moreover, in manufacture of Leather & Leather Products almost 70%
of inputs being indigenous, the incidence of customs duty in value terms
also remains almost the same. So, the All Industry DBK rates should be
revised upward by almost the same percentage besides factoring in service
tax, cess, levies, sales tax, transaction cost, infrastructure gap etc.
Response: Commerce
Secretary said that Customs had recommended for inclusion of service tax in
Drawback.
Query:
In the All Industry Rate DBK Schedule for Leather Footwear/Footwear
Components, all subheadings start with words "All" Leather. The
Customs field formations at times, especially at New Delhi Airport, have
objected on shoes with side elastic other trimmings to be not
"All" Leather. While announcing New Rates for 2007-2008, this
anomaly should be removed. Moreover, under heading Parts of Footwear 6406,
when constituents export leather cut components or leather foot bed the same
is classified by Customs under heading 640613 – others at 1%, which is not
correct as at least the rate of finished Leather should be applicable
Response: The
representative of Drawback Directorate, New Delhi informed that this problem
appeared in ICD Dadri Kalan and JNPT but clarification has already been
issued
Query:
The customs department does not register the above licences the same day
without verifying from the concerned issuing authority although the licences
are issued online and the verification by post is uncalled for.
Response: Commerce
Secretary said that the Customs would be advised to carry out the
verification online.
Query:
DFCE Scheme (Policy period 2002-07) is covered by Custom Notification No.
53/2003 dated 1st April 2003, wherein it exempts various goods when imported
into India from the whole of duty of customs leviable thereon other than
agricultural and dairy products. While DGFT vide its two Public Notices No.
41 (RE-2004) 2004-2009 dated 4th January 2005 and 42/2004-09 dated 6th
January 2005 allowed import of Agricultural Products, the Custom
Notification was not amended to permit clearance of the agricultural goods.
This has resulted in utter confusion. This appears as an error and an
amendment to Custom Notification is imminently required.
Response: Commerce
Secretary advised DGFT to take up the matter with DOR for amendment of
notification.
Query:
Applications for fixation of brand rate for drawback should be decided
within a time bound framework. There are cases where such applications have
been pending for over three years.
Response: Commerce
Secretary suggested that Customs might have a Regional Committee to finalize
such cases.
Query:
The issue of irregular schedule of trains at ICD Kanpur was raised in
a meeting on 18th July 2006 with Hon’ble Minister of State for Commerce
Sri Jairam Ramesh who categorically assured that fixed schedule of movement
would be notified and adhered to. It was started also but unfortunately it
is not being followed now. This is preventing exporters to maintain their
schedule of export commitments.
Response: Commerce
Secretary agreed to take up the issue with Ministry of Railways.
Query:
CONCOR has raised handling and factory stuffing charges from Rs. 830 to Rs.
2500 and from Rs. 2480 to 3600 respectively within a year. Secondly, as
regards container charges from Kanpur to JNPT and from Tuglakabad to JNPT,
parity should be brought out as distances between the two pairs of stations
are the same. The present rates are Rs. 38350 and Rs. 33000 respectively for
a 40’ container (above 18 MT).
Response: Commerce
Secretary agreed to take up the matter with CONCOR.
Query:
There should be a second approach road to ICD-JRY, Kanpur under ASIDE
Scheme.
Response: The
MD UPSIDC advised FIEO to meet him for further action in the matter.
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Online
Processing of DEPB
FIEO has been receiving
references from exporters that a large number of shipping bill processed
at EDI System get stuck in the "error queue" and do not get
reflected in the DGFT System for online processing of DEPB Licences.
The Federation had taken up
the matter with the Directorate General of Safeguards, Customs &
Central Excise and the Directorate General of System. The Federation
was told that non-appearance of shipping bills in the DGFT System was
generally happening due to one of the following reasons.
-
wrong entry of
container number in EDI System at the time of arrival of goods at the
ICES locations;
-
non-filing of EGM by
the carriers;
-
provisional assessment
of Shipping Bills
-
file containing
Shipping Bills being deficient in one or other respect, resulting in
DGFT System rejecting the Shipping bills and sending the error
message.
To tackle this issue, the
Directorate of System has issued letters to all Chief Commissioners for
giving necessary directions to all concerned officers to take utmost care
while entering data particulars in the goods arrival module as well as to
finalise the provisional assessment cases.
The shipping bills returned
by DGFT System with error message are retransmitted to DGFT System
immediately after rectification.
In addition, a facility is
already available for viewing the current status of any shipping bill,
including the shipping bills stuck in the ‘error queue’, through
Document tracking’ facility provided in the ICEGATE website (http://icegate.gov.in/jsp/Tracking_at_ICES.jsp). Further,
to ensure more effective monitoring of the status of transmission of S/Bs
to the DGFT System, the Customs System now receives both the positive as
well as the negative acknowledgements of the Shipping Bill transmission
compared to only negative acknowledgement received in the past.
Additionally, the Systems
Managers are also being advised to take daily printout of the list of
Shipping Bills stuck in the "error queue" and display the same
on the Custom House Notice Board on periodical basis and also make
available the same to the local office of FIEO through E-Mail.
As may be observed from the
above, exporters may themselves track the status of their Shipping
Bills on the ICEGATE Website and take up the matter with the concerned
Agencies in case any document is held up for any reason. |
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