## Policy Analysis Report: Amendment to Import Policy Condition of Fresh Ginger (ITC HS 0910 11 10)
**1. Executive Summary:**
This report analyzes an amendment to the import policy condition for fresh ginger under Chapter 09 of the ITC HS 2022, Schedule I Import Policy. The amendment, detailed in Notification No. 07/2015-2020, dated May 19, 2022, concerns imports of fresh ginger from Nepal and Bhutan. The key change is the explicit statement that the import of wholly produced ginger from Bhutan is free, subject to specific trade agreements with India. The report aims to inform stakeholders about the specific modifications to the import policy and their potential implications.
**2. Introduction:**
This report provides an analysis of the amendment to the import policy condition of fresh ginger, as outlined in the provided government notification. The analysis focuses solely on the information contained within the provided text to offer a clear and concise overview of the changes and their potential impact.
**3. Policy Overview:**
This report analyzes an *amendment* to an existing import policy. The original policy concerns the import of fresh ginger under ITC HS code 0910 11 10. The core objective of this specific amendment, as inferred from the text, is to clarify and potentially facilitate the import of fresh ginger wholly produced in Bhutan, and explicitly referencing the relevant trade agreements.
**4. Background and Rationale:**
The amendment appears designed to clarify the import conditions for fresh ginger originating from Bhutan. The original policy, as implied by the "Existing Policy" section, likely lacked sufficient clarity regarding the trade agreement between India and Bhutan regarding ginger imports. The amendment specifically addresses this by explicitly stating that such imports are free, subject to Article I of the Agreement on Trade, Commerce and Transit between India and Bhutan. This clarification likely aims to promote trade and reduce ambiguity for importers.
**5. Key Provisions / Changes:**
This analysis focuses specifically on the *changes* introduced by the amendment.
* **Specific Part Changed:** The amendment modifies the "Existing Policy" condition under ITC HS code 0910 11 10, specifically related to fresh ginger.
* **New Rule/Provision:** The amendment explicitly states: "Import of wholly produced ginger from Bhutan is Free subject to Article I of Agreement on Trade, Commerce and Transit between India and Bhutan."
* **Difference/Effect of the Change:** The primary effect is clarification. While an agreement likely already existed, this amendment codifies it within the import policy, making it explicitly clear that Bhutanese ginger imports, under the specified agreement, are free. This reduces uncertainty for importers and could encourage increased trade between the two countries.
**6. Target Audience and Stakeholders:**
Based on the text, the primary target audience and stakeholders are:
* Importers of fresh ginger, specifically those importing from Nepal and Bhutan.
* Exporters of fresh ginger in Nepal and Bhutan.
* Customs officials responsible for enforcing import regulations.
* Businesses involved in the trade and commerce between India, Nepal and Bhutan.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:** The Directorate General of Foreign Trade (DGFT), under the Ministry of Commerce and Industry, is the responsible body for issuing and implementing this amendment. Customs officials would be responsible for enforcing the policy at the point of import.
* **Timelines/Procedures:** The amendment is effective from the date of the notification (May 19, 2022). The procedure for importers will involve demonstrating that the imported ginger from Bhutan is wholly produced in Bhutan and complying with Article I of the Agreement on Trade, Commerce, and Transit between India and Bhutan.
* **Specific to Changes:** Importers will need to provide documentation to customs officials demonstrating that their ginger imports from Bhutan meet the "wholly produced" criteria and fall under the provisions of Article I of the specified agreement.
**8. Expected Outcomes / Impact of Changes:**
The likely intended outcome of this amendment is to:
* Increase trade of fresh ginger between Bhutan and India by reducing uncertainty and clarifying import regulations.
* Streamline the import process for fresh ginger from Bhutan.
* Provide clear guidance to customs officials regarding the treatment of ginger imports from Bhutan.
* Potentially lower costs and increase efficiency in the ginger import/export process between the two nations.
**9. Conclusion:**
The amendment to the import policy condition for fresh ginger (ITC HS 0910 11 10) represents a clarification and potentially a facilitation of trade between India and Bhutan. By explicitly stating the free import status of wholly produced ginger from Bhutan, subject to the existing trade agreement, the amendment aims to reduce ambiguity, streamline processes, and ultimately promote trade between the two nations. The clear articulation of the policy should improve compliance and reduce potential disputes related to ginger imports from Bhutan.
Key Entities Referenced
Foreign Trade Policy: A trade policy referred to as FTP, specifically the 2015-2020 version, that is being used as the basis for amendments.
Foreign Trade Development and Regulation Act, 1992: Indian law authorizing the Central Government to regulate foreign trade.
ITC HS 2022, Schedule I Import Policy: Indian Trade Classification based on Harmonized System of Coding. The 2022 version, Schedule I (Import Policy) is being amended.
Chapter 09 of the ITC HS 2022: A specific chapter within the ITC HS 2022, related to import policy, being amended in the notification.
Nepal: A country from which the import of wholly produced ginger is subject to the Indo-Nepal Treaty of Trade.
Indo-Nepal Treaty of Trade: A trade agreement between India and Nepal, specifically Article IV and V, that governs the import of ginger from Nepal.
Bhutan: A country from which the import of wholly produced ginger is subject to the Agreement on Trade, Commerce and Transit between India and Bhutan.
Agreement on Trade, Commerce and Transit between India and Bhutan: An agreement between India and Bhutan, specifically Article I, that governs the import of ginger from Bhutan.
SANTOSH KUMAR SARANGI: Director General of Foreign Trade and Ex-officio Additional Secretary, signatory of the notification.
Ministry of Commerce and Industry: The Indian government ministry under which the Directorate General of Foreign Trade operates.
Directorate General of Foreign Trade: The Indian government organization responsible for implementing foreign trade policy.
New Delhi: The location where the notification was issued.
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असाधारण
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PART II—Section 3—Sub-section (ii)
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PUBLISHED BY AUTHORITY
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MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce)
(DIRECTORATE GENERAL OF FOREIGN TRADE)
NOTIFICATION
New Delhi, the 19th May, 2022
No. 07/2015-2020
Subject : Amendment in import policy condition of Fresh Ginger under Chapter 09 of the ITC (HS)
2022, Schedule -I (Import Policy).
S.O. 2320(E).—In exercise of powers conferred by Section 3 and section 5 of FT (D&R) Act,
1992, read with paragraph 1.02 and 2.01 of the Foreign Trade Policy (FTP), 2015-2020, as amended from
time to time, the Central Government hereby amends the policy condition under ITC (HS) 0910 11 10 of
Chapter 09 of ITC (HS) 2022, Schedule 1 (Import Policy) as under:
Exim Code Item Description Existing Existing Policy Revised Policy Condition
Policy condition
0910 11 - Ginger:-- Neither
crushed nor ground
0910 11 10 --- Fresh Restricted However, import of a) Import of wholly produced
wholly produced ginger from Nepal
ginger from Nepal is Free subject to Article IV & V
is Free subject to of Indo-Nepal Treaty of Trade.
Article IV & V of b) Import of wholly produced
Indo-Nepal Treaty ginger from Bhutan
of Trade. is Free subject to Article-I of
Agreement on Trade, Commerce
and Transit between India and
Bhutan.
Effect of this Notification: Import of Fresh ginger, wholly produced in Bhutan, is Free subject to Article-I
of Agreement on Trade, Commerce and Transit between India and Bhutan.
[F. No. 01/89/180/43/AM-01/PC-2[A]/Part-III/E-8258]
SANTOSH KUMAR SARANGI, Director General of Foreign Trade
& Ex-officio Addl. Secy.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.