Home India Ministry of Commerce and Industry In exercise of powers conferred by Section 3 of FT D and R A...
Date: 2021-01-07 Category: Extra Ordinary State: Union Government Country: India

In exercise of powers conferred by Section 3 of FT D and R Act, 1992, read with paragraph

Issued by Ministry of Commerce and Industry · Department of Commerce

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Executive Summary & Key Takeaways

## Report on Amendment to Import Policy for Items Classified Under Chapters 41 & 43 of ITC HS, 2017 **1. Executive Summary:** This report analyzes a notification issued by the Directorate General of Foreign Trade (DGFT), Ministry of Commerce and Industry, Government of India, dated January 7, 2021. This notification amends the import policy for items classified under Chapters 41 and 43 of the ITC (HS), 2017, Schedule I (Import Policy). The core purpose of the amendment is to revise the import policy of specific animal hides and skins from "Prohibited" to "Free," subject to certain conditions related to wildlife protection and new health protocols. Key findings highlight the liberalization of import restrictions on these items while emphasizing compliance with existing wildlife protection laws and introducing new sanitary conditions. **2. Introduction:** This report provides an informative analysis of the DGFT notification dated January 7, 2021, which amends the import policy for items falling under Chapters 41 and 43 of the ITC (HS), 2017, Schedule I (Import Policy). The analysis is based solely on the information provided within the notification text. **3. Policy Overview:** * This notification constitutes an amendment to the existing Foreign Trade Policy 2015-2020, as amended from time to time, issued under Section 3 of the Foreign Trade (Development and Regulation) Act, 1992. * **Core Objective:** Based on the text, the core objective of *this amendment* is to modify the import policy for specific items classified under Chapters 41 and 43 of ITC (HS) 2017, Schedule I, Import Policy. A shift from prohibited to free import, accompanied by new sanitary conditions, is observed as part of this objective. **4. Background and Rationale:** * The amendment likely aims to ease import restrictions on specific animal hides and skins, potentially to support related industries. This is inferred from the shift of import policy from "Prohibited" to "Free" for certain items. The addition of new policy conditions related to health protocols suggest a concern about animal health and disease control, necessitating stricter sanitary import regulations. **5. Key Provisions / Changes:** This amendment specifically modifies the import policy for certain items under Chapters 41 and 43 of the ITC (HS), 2017. The key changes are as follows: * **Change 1:** The import policy for the following items is changed from "Prohibited" to "Free": * 41133000: Of reptiles * 43011000: Of mink, whole, with or without head, tail or paws * 43016000: Of fox, whole, with or without head, tail or paws * 43021100: Whole skins, with or without head, tail or paws, not assembled : Of mink * **Effect of Change 1:** This change liberalizes the import of these items, allowing them to be imported without the previous prohibition, subject to specific conditions. * **Change 2:** The import policy for item 43018000 (Other fur skins, whole, with or without head, tail or paws) remains "Free," however, the import of fur of Chinchilla is Prohibited. * **Effect of Change 2:** This reinforces the previous status of import policy for this item while specifically pointing out that the import of fur of Chinchilla is prohibited. * **Change 3:** A new policy condition is added to Chapter 41 as Policy Condition No. 4 and to Chapter 43 as Policy Condition No. 3. This condition states: "Imports are subject to compliance with the health protocol for import of hides and skin or sanitary conditions as may be prescribed from time to time by Department of Animal Husbandry and Dairying." * **Effect of Change 3:** This introduces a new requirement for importers to adhere to health protocols and sanitary conditions prescribed by the Department of Animal Husbandry and Dairying. This aims to ensure the health and safety of animal products entering the country. **6. Target Audience and Stakeholders:** Based on the text, the target audience and stakeholders directly affected by these amendments include: * Importers of animal hides and skins classified under Chapters 41 and 43 of the ITC (HS), 2017. * Industries that utilize these imported materials in their production processes (e.g., leather goods manufacturers, furriers). * The Department of Animal Husbandry and Dairying, which is responsible for prescribing and enforcing health protocols. * Wildlife authorities responsible for enforcing the Wildlife Protection Act, 1972, and CITES regulations. **7. Implementation Aspects (Inferred):** * **Responsible Agency:** The Directorate General of Foreign Trade (DGFT) under the Ministry of Commerce and Industry is the primary body responsible for implementing and overseeing these changes. The Department of Animal Husbandry and Dairying will also play a key role in defining and enforcing the new health protocols. * **Procedures:** Importers must comply with the Wildlife Protection Act, 1972, CITES regulations, and the new health protocols prescribed by the Department of Animal Husbandry and Dairying. The specific procedures for demonstrating compliance with the health protocols are not detailed in the provided text and would likely be specified by the Department of Animal Husbandry and Dairying separately. * No specific timelines are mentioned in the text, but the amendment is effective from the date of the notification (January 7, 2021). **8. Expected Outcomes / Impact of Changes:** The likely intended outcomes of these specific changes introduced by the amendment include: * Increased import volume of the previously prohibited animal hides and skins, potentially benefiting industries reliant on these materials. * Enhanced scrutiny and control over the sanitary conditions of imported hides and skins, mitigating the risk of animal disease outbreaks. * Continued adherence to wildlife protection regulations, ensuring that imports are sourced sustainably and legally. **9. Conclusion:** The DGFT notification dated January 7, 2021, represents a significant amendment to the import policy for items classified under Chapters 41 and 43 of the ITC (HS), 2017. The shift from "Prohibited" to "Free" import status for certain items, coupled with the introduction of new health protocols, indicates a move towards trade liberalization while maintaining a focus on animal health and wildlife protection. Understanding and adhering to these changes is crucial for importers and related industries to ensure compliance and benefit from the revised regulations.

Key Entities Referenced

Foreign Trade Policy, 2015-2020: A trade policy referenced within the document which is being amended. Foreign Trade Development and Regulation Act, 1992: An act of legislation referenced in the document. ITC HS, 2017, Schedule-I Import Policy: Indian Trade Clarification based on Harmonized System of Coding, 2017, Schedule-I Import Policy. The policy under amendment. Wildlife Protection Act, 1972: Indian legislation for the protection of wild animals, birds and plants CITES: Convention on International Trade in Endangered Species of Wild Fauna and Flora Ministry of Commerce and Industry: The Indian ministry under which the Department of Commerce and Directorate General of Foreign Trade operate. Department of Commerce: A department under the Ministry of Commerce and Industry. Directorate General of Foreign Trade: An agency of the Department of Commerce, involved in foreign trade regulation. Amit Yadav: Director General of Foreign Trade, and Ex-officio Additional Secretary. Department of Animal Husbandry and Dairying: A department responsible for animal husbandry and dairying.
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 सी.जी.-डी.एल.-अ.-07012021-224274 xxxGIDHxxx CG-DL-E-07012021-224274 xxxGIDExxx असाधारण EXTRAORDINARY भाग II—खण् ड 3—उप-खण्ड (ii) PART II—Section 3—Sub-section (ii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 69] नई दिल्ली बृहस्ट्प जतवार, िनवरी 7, 2021/पौष 17 , 1942 No. 69] NEW DELHI, THURSDAY, JANUARY 7, 2021/PAUSHA 17, 1942 ubZ fnYyh] 7 tuojh] 2021 I .—le;≤ ij ;Fkk&la'kksf/kr fon's k O;kikj uhfr 2015&2020 ds iSjk 1-02 vkSj iSjk 2-01 ds lkFk ifBr fon's k O;kikj ¼fodkl ,oa fofu;eu½ vf/kfu;e] 1992 dh /kkjk 3 ds rgr iznÙk 'kfDr;ks a dk iz;ksx djr s gq,] dsUnz ljdkj ,rn~}kjk vkbZVhlh ¼,p,l½ 2017] vuqlwph&I ¼vk;kr uhfr½ ds v/;k; 41 vkSj 43 ds varxZr enks dh vk;kr uhfr vkSj 'krk Zsa eas la'kks/ku djrh gSA 41133000 jasxus oky s fuf’k) vk;kr oU; thou ¼laj{k.k½ eqDr vk;kr v/;k; dh uhfrxr tUrqvks dk vf/kfu;e 1972 vkSj “krZ la- 4 ds vykok oU; lhvkbZVhbZ,l ds v/khu gS thou ¼laj{k.k½ vf/kfu;e 1972 vkSj lhvkbZVhbZ,l ds v/khu gS 105 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] 43011000 Ånfcyko dk fuf’k) vk;kr oU; thou ¼laj{k.k½ eqDr vk;kr v/;k; dh uhfrxr iw.kZ flj] iwNa vf/kfu;e ds v/khu gS “krZ la- 3 ds vykok oU; vFkok iatks ds thou ¼laj{k.k½ vf/kfu;e lkFk vkSj fcuk 1972 vkSj lhvkbZVhbZ,l ds v/khu gS 43016000 ykseM+h dk iw.kZ fuf’k) vk;kr oU; thou ¼laj{k.k½ eqDr vk;kr v/;k; dh uhfrxr flj] iwNa vFkok vf/kfu;e ds v/khu gS “krZ la- 3 ds vykok oU; itka s ads lkFk thou ¼laj{k.k½ vf/kfu;e vFkok fcuk 1972 vkSj lhvkbZVhbZ,l ds v/khu gS 43018000 vU; Qj dh fuf’k) eqDr rFkkfi] fpufpyk ds eqDr vk;kr v/;k; dh uhfrxr [kky] iw.kZ flj] Qj ds vk;kr fuf’k) gS “krZ la- 3 ds vykok oU; iwN vFkok iatks a thou ¼laj{k.k½ vf/kfu;e ds lkFk vFkok 1972 vkSj lhvkbZVhbZ,l ds fcuk v/khu gS 43021100 vnfcyko dh fuf’k) fuf’k) eqDr vk;kr v/;k; dh uhfrxr iw.kZ [kky] flj] “krZ la- 3 ds vykok oU; iwNa vFkok iats] thou ¼laj{k.k½ vf/kfu;e ,d= u fd, 1972 vkSj lhvkbZVhbZ,l ds x, gka s v/khu gS 2- ,d ubZ uhfrxr 'krZ dk s vkbZVhlh ¼,p,l½ 2017] vuqlwph&I ¼vk;kr uhfr½ ds v/;k; 41 eas uhfrxr “krZ la- 4 vkSj v/;k; 43 dh “krZ la- 03 ds :Ik es a tksM+k tkrk gS% vkbZVhlh ¼,p,l½ 2017] vuqlwph&I ¼vk;kr uhfr½ ds v/;k; 41 vkSj 43 ds varxZr oxhZ—r enka s dh vk;kr uhfr vkSj uhfrxr “krkZs a dks ^^fuf’k)^^ ls ^^eqDr^^ eas la'kksf/kr fd;k x;k gS rFkk ubZ uhfrxr 'krksZa dks v/;k; 41 vkSj 43 es a tksM+k x;k gSA bls okf.kT; ,ao m|ksx e=a h ds vuqeksnu ls tkjh fd;k tkrk gSA [Qk- la- 01@89@180@118@,,e&02@ihlh&2¼,½@bZ&1557] vfer ;kno] Ekgkfuns'kd] fons'k O;kikj ,oa inus vij lfpo iz/kku vf/klwpuk la- 36@2015&2020 fnukad 17 tuojh 2017 dks Hkkjr ds jkti= vlk/kkj.k es a la[;k dk-vk- 172¼v½ ds rgr fnukad 17 tuojh] 2017 dks izdkf'kr fd;k x;k FkkA MINISTRY OF COMMERCE AND INDUSTRY (Department of Commerce) (DIRECTORATE GENERAL OF FOREIGN TRADE) NOTIFICATION New Delhi, the 7th January, 2021 No. 55/2015-2020 Subject: Amendment in import policy and condition of items classified under Chapter 41 & 43 of ITC (HS), 2017, Schedule–I (Import Policy). S.O. 75(E).—In exercise of powers conferred by Section 3 of FT (D&R) Act, 1992, read with paragraph 1.02 and 2.01 of the Foreign Trade Policy, 2015-2020, as amended from time to time, the Central Government hereby amends the import policy and conditions of items under Chapter 41 & 43 of ITC (HS), 2017, Schedule–I (Import Policy).[भाग II—खण् ड 3(ii)] भारत का रािपत्र : असाधारण 3 Exim Code Item Description Existing Existing Policy Revised Revised Policy Policy Condition Policy Condition 41133000 Of reptiles Prohibited Imports are subject Free Imports are subject to to Wildlife Wildlife (Protection) (Protection) Act, 1972 Act, 1972 and CITES and CITES besides Policy condition No. 4 of the Chapter 43011000 Of mink, whole, with Prohibited Imports are subject to Free Imports are subject to or without head, tail or Wildlife (Protection) Wildlife (Protection) paws Act, 1972 and CITES Act, 1972 and CITES besides Policy condition No. 3 of the Chapter 43016000 Of fox, whole, with or Prohibited Imports are subject to Free Imports are subject to without head, tail or Wildlife (Protection) Wildlife (Protection) paws Act, 1972 and CITES Act, 1972 and CITES besides Policy condition No. 3 of the Chapter 43018000 Other fur skins, whole, Free Imports are subject to Free Imports are subject to with or without head, However, Wildlife (Protection) Wildlife (Protection) tail or paws import of fur Act, 1972 and CITES Act, 1972 and CITES of besides Policy Chinchilla is condition No. 3 of the Prohibited. Chapter 43021100 Whole skins, with or Prohibited Imports are subject to Imports are subject to without head, tail or Wildlife (Protection) Wildlife (Protection) paws, not assembled : Act, 1972 and CITES Act, 1972 and CITES - Of mink Free besides Policy condition No. 3 of the Chapter 2. A new policy condition is added as Policy Condition No.4 in Chapter 41 & Condition No. 3 in Chapter 43 of ITC (HS), 2017, Schedule – I (Import Policy): “Imports are subject to compliance with the health protocol for import of hides and skin or sanitary conditions as may be prescribed from time to time by Department of Animal Husbandry and Dairying" 3. Effect of the Notification: Import policy of some items classified under Chapter 41 and 43 of ITC (HS), 2017, Schedule – I (Import Policy) is amended from “prohibited” to “free” and new policy conditions added to Chapter 41 and 43. This issues with the approval of Minister of Commerce & Industry. [F. No. 01/89/180/118/AM-02/PC-2(A)/E-1557] AMIT YADAV, Director General of Foreign Trade & Ex-officio Addl. Secy. Note : The principal notification No. 36/2015-2020, dated the 17th January, 2017 was published in the Gazette of India, Extraordinary vide number S.O. 172 (E), dated the 17th January, 2017. 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.

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