**Executive Summary:**
This trade notice addresses the implementation of Notification S.O. 624 E, dated 11.02.2022, which restricts the import policy of Moong (HS Code 07133190). It provides a relaxation to this restriction for importers with contracts predating the notification, subject to specific conditions. Importers must register their contracts with the Jurisdictional Regional Offices of the Additional DGFTs by 15.03.2022. Applications for Registration Certificates for Imports may be submitted online w.e.f. 07.03.2022.
**Key Points / Main Content:**
* **Import Policy Amendment:** Notification S.O. 624 E, dated 11.02.2022, changes the import policy of Moong (HS Code 07133190) from Free to Restricted.
* **Relaxation for Prior Contracts:**
* Importers with Moong import contracts predating 11.02.2022 may be eligible for relaxation of Para 1.05 b of FTP to import.
* Eligibility for import is proportionate to the advance payment made before 11.02.2022. Full advance payment allows import of the entire contracted quantity.
* Documentary evidence of payments (sales contract, invoice, SWIFT receipt certified by the bank, etc.) is required.
* The import contract and payments must predate 11.02.2022.
* Applicants must provide an undertaking that the claimed proportionate quantity has not been imported before the date of the notification.
* Bill of lading must be issued on or before 31.03.2022, for Financial Year 2021-22. No extensions will be granted.
* **Contract Registration:**
* Contracts must be registered with Jurisdictional Regional Offices of the Additional DGFTs (Delhi, Mumbai, Kolkata, Chennai, Bengaluru, Hyderabad, Ahmedabad, Ludhiana) by 15.03.2022.
* An online payment of Rs. 2000 is required for relaxation in Policy Procedure as per Appendix 2K. Payments can be made on the DGFT Website under Services eMisc Payments.
* **Application Submission:**
* Applications for Registration Certificate for Imports may be submitted online w.e.f. 07.03.2022 through the DGFT Website Services Import Management System Apply for Registration Certificate for Imports.
* Manual submissions to the Jurisdictional RA are allowed until 07.03.2022.
* **RA Verification:**
* Jurisdictional RAs will register contracts after verifying submitted documents.
* Registration requires approval from the Head of Office.
* RAs should dispose of cases within 3 days of receiving complete applications.
**Impact Analysis:**
* **Importers of Moong (HS Code 07133190):**
* *Impact:* Restriction on Moong imports affects businesses; however, relaxation provisions offer relief for those with prior contracts.
* *Action Required:* Determine eligibility for relaxation, gather required documentation, register contracts with the appropriate Regional Authority by 15.03.2022, and submit applications for Registration Certificates for Imports online (after 07.03.2022) or manually (until 07.03.2022).
* **Regional Authorities of DGFT:**
* *Impact:* Increased workload related to contract registration and verification.
* *Action Required:* Verify documents, register contracts (with Head of Office approval), and dispose of cases within 3 days of receiving complete applications.
* **Customs Commissionerates:**
* *Impact:* Need to enforce the revised import policy and verify import documents related to Moong.
* *Action Required:* Implement the new import policy and ensure compliance with the conditions outlined in the trade notice.
Key Entities Referenced
Directorate General of Foreign Trade: The issuing authority of the trade notice.
Notification S.O. 624 E dated 11.02.2022: Government of India notification amending the import policy of Moong.
Moong HS Code 07133190: The Harmonized System code for Moong beans, the import policy of which is being amended.
ITC HS, 2022, ScheduleI Import Policy: The Indian Trade Classification based on Harmonized System of Coding, Schedule I, related to import policy.
Foreign Trade Policy 2015-2020: The prevailing Foreign Trade Policy under which the Director General of Foreign Trade is exercising powers.
Regional Authorities of DGFT: Jurisdictional offices for contract registration including Delhi, Mumbai, Kolkata, Chennai, Bengaluru, Hyderabad, Ahmedabad, Ludhiana.
Financial Year 2021-22: The financial year for which the imports are allowed.
Customs Commissionerates: The customs offices involved in the import process.
Government of India
Ministry of Commerce and Industry
Department of Commerce
Directorate General of Foreign Trade
Udyog Bhawan, New Delhi
28th February, 2022
TRADE NOTICE No. 37/2021-22
To
1. All Regional Authorities of DGFT
2. All Customs Commissionerates
3. Members of Trade
Subject: Implementation of Notification S.O. 624 (E) dated 11.02.2022 –reg.
Reference is invited to Government of India’s Notification No. S.O. 624 (E) dated
11.02.2022 amending the import policy of Moong (HS Code 07133190) of ITC (HS), 2022,
Schedule-I (Import Policy) from “Free” to “Restricted”.
2. In this regard, representations have been received from various entities indicating that
certain firms have entered into purchase contract prior to 11.02.2022 for import of Moong
(ITC(HS) Code 0713 31 90) with either (i) advance payment, or (ii) partial advance payment
and remaining amount payable against Documents (CAD).
3. The said matter has been considered and the Director General of Foreign Trade, in
exercise of powers under Para 2.58 of the Foreign Trade Policy (2015-2020), has decided to
relax the provisions of Para 1.05 (b) of FTP by allowing such importers to import Moong (HS
Code 07133190) for contracts for the fiscal year 2021-22 subject to the condition that:
(i) Quantity eligible for import would be proportionate to the amount paid prior to
11.02.2022 as advance. If advance payment has been made in full for the entire
contracted quantity, then eligibility would be for the entire contracted quantity. If there
is partial payment, quantity admissible for import shall be limited to the quantity in
proportion to the advance payment(s) made.
(ii) Documentary evidence indicating payments made for such a contract should
include the sales contract, invoice and proof of payment (SWIFT transaction receipt)
certified by the recipient bank and any other supporting documents.
(iii) Contract for import should have been entered into prior to the date of the
said Notification. Further the payments should also have been made prior to
11.02.2022.
(iv) Undertaking should be provided by the applicant that imports of the proportionate
quantity being claimed has not be effected prior to the date of Notification/till date.(v) The imports should be only for Financial Year 2021-22 such that the bill of lading
is issued on or before 31.03.2022. No requests for extensions shall be considered.
4. Further, such contracts must be registered with the Jurisdictional Regional Offices of the
Additional DGFT(s) only i.e., at Delhi, Mumbai, Kolkata, Chennai, Bengaluru, Hyderabad,
Ahmedabad, Ludhiana latest by 15.03.2022. Applicants seeking relaxation in Para 1.05 of
FTP (2015-2020) may submit their application to the jurisdictional RAs mentioned, for
registration of their contracts, by making an online payment of Rs. 2000/- as application fee
(for relaxation in Policy/ Procedure as per Appendix 2K). The given payments may be made
online on the DGFT Website under Services --> eMisc Payments.
5. It is further informed that such applications for ‘Registration Certificate for Imports’ may
be submitted online as well w.e.f. 07.03.2022. Any given application being submitted after
07.03.2022 must be submitted online only through the DGFT Website → Services → Import
Management System → Apply for Registration Certificate for Imports. Manual submissions to the
Jurisdictional RA are however allowed till 07.03.2022.
6. Such contracts shall be registered by the Jurisdictional RAs only after due verification of
the documents submitted by the applicant(s). The registration shall be permitted only with the
approval of the Head of Office. RAs are requested to dispose all such cases within 3 days of
the receipt of complete applications.
This issues with the approval of the Competent Authority.
(Md. Moin Afaque)
Deputy Director General of Foreign Trade
E-mail: ddg1import-dgft@gov.in
[Issued from File no. M-5012/300/2002/PC-2(A)./E-1657]