Date: 2021-08-24Category: Not ApplicableState: Union GovernmentCountry: India
Relaxation in applicability of provision in Para 6 (b) of
General Notes Regarding Import Policy Schedule – I (Imports) of
the ITC(HS) 2017, Schedule – I (Import Policy).
Executive Summary:
This notification, issued by the Directorate General of Foreign Trade, relaxes import policy conditions for crushed and deoiled GM soya cake (non-living organism) under specific ITC HS codes. This relaxation allows the import of up to 12 Lakh Metric tons through Nhava Sheva and Petrapole ports until October 31, 2021, or until further orders. The decision follows inter-ministerial consultations and aims to facilitate the import of GM soya deoiled cake.
Key Points / Main Content:
* **Import Relaxation:**
* Condition No. 6(b) of General Notes Regarding Import Policy Schedule I of the ITC HS 2017 is relaxed.
* This relaxation applies to crushed and deoiled GM soya cake (non-living organism only).
* **Quantity and Codes:**
* Applies to a maximum of 12 Lakh Metric tons.
* Under ITC HS codes 23040020 and 23040030.
* **Timeline and Ports:**
* Valid until October 31, 2021, or until further orders, whichever is earlier.
* Permitted only through Nhava Sheva sea port (INNSA1) and Petrapole border land port (INPTPB).
* **Monitoring:**
* CBIC, through customs authorities, will strictly monitor import quantities at designated ports.
* This is to ensure the 12 Lakh Metric ton limit is not exceeded.
Impact Analysis:
* **Importers:**
* Impact: Can import crushed and deoiled GM soya cake under relaxed conditions and within specified limits.
* Action Required: Ensure imports are within the 12 Lakh Metric ton limit, utilize designated ports (Nhava Sheva and Petrapole), and adhere to the October 31, 2021 deadline.
* **Customs Authorities (CBIC):**
* Impact: Responsible for monitoring the quantity of imports through the designated ports.
* Action Required: Implement strict monitoring to ensure the 12 Lakh Metric ton limit is not breached and facilitate imports accordingly.
Key Entities Referenced
Directorate General of Foreign Trade: An organization under the Ministry of Commerce and Industry, responsible for implementing the foreign trade policy.
Foreign Trade Policy, 20152020: A set of guidelines and regulations governing India's import and export activities.
Ministry of Fisheries, Animal Husbandry Dairying: A government ministry responsible for policies related to fisheries, animal husbandry, and dairy development.
MOEFCC: Referring to Ministry of Environment, Forest and Climate Change. It is the ministry that green lights the import of GM Soya cake
Nhava Sheva sea port, Maharashtra: A major sea port in Maharashtra, India, designated for the import of crushed and deoiled GM soya cake.
Petrapole border land port, West Bengal: A land port located on the India-Bangladesh border in West Bengal, designated for the import of crushed and deoiled GM soya cake.
FTDR Act, 1992: Foreign Trade (Development and Regulation) Act, 1992. An act of the Parliament of India to provide for the development and regulation of foreign trade.
CBIC: Central Board of Indirect Taxes and Customs. Responsible for monitoring the import quantity of items through designated ports.
To be published in the Gazette of India Extraordinary Part II Section 3, Sub Section (IJ)
Government of India
Ministry of Commerce & Industry
Department of Commerce
Directorate General of Foreign Trade
Notification No. 20 _/2015-2020
New Delhi, Dated: 2 #August, 2021
Subject: Relaxation in applicability of provision in Para 6 (b) of General Notes Regarding
Import Policy Schedule — I (Imports) of the ITC(HS) 2017, Schedule — I (Import Policy).
S.O. (E): The following communications have been received regarding the import of crushed
and de-oiled GM soya cake (Non-living organism only):
1 @) Vide DO No. R-43011/2/2021-Anim_Dadf dated 27.7.2021, Ministry of Fisheries, Animal
Husbandry & Dairying sought permission/approval of MOEF&CC for allowing import of 12
Lakh MT crushed and de-oiled GM soya cake (Non-living organism) upto 31st October 2021, or
earlier;
(ii) In response to the above, MOEF vide OM dated 6.8.2021, has clarified that, "Since soya
de-oiled and crushed (DOC) cake does not contain any living modified organism, this Ministry
has no concerns and no objection for import of soya cakes from environmental angle";
(iii) DoCA vide F. No. M-1/1/2020-PMC dated 16.8.2021 and Corrigendum dated 16.8.2021
has conveyed the approval of the Competent Authority to facilitate the import of 12 Lakh ton of
GM soya de-oiled cake; and
(iv) DAHD vide letter dated 19.8.2021 has communicated those imports may be facilitated at
2 ports namely, Nhava Sheva (sea port) and Petrapole border (land port);
2. Therefore, in exercise of powers conferred by Section 3 read with Section 5 of FT(D&R) Act,
1992 and paragraph 1.02 and 2.01 of the Foreign Trade Policy, 2015-2020, as amended from
time to time, the Central Government hereby relaxes the provision in Para 6 of General Notes
Regarding Import Policy, Schedule —I (Imports) of the ITC(HS), 2017.
3. Accordingly, Condition No. 6 (b) of General Notes Regarding Import Policy Schedule -]
(Imports) of the ITC (HS) 2017 will not apply to the import of 12 Lakh Metric ton of crushed
and de-oiled GM soya cake (only Non-living organism) under ITC HS codes 23040020 and
seLe
23040030 till 31% October,2021 or until further orders, whichever is earlier, only from Nhava
Sheva (INNSA1) port and LCS Petrapole (INPTPB).
4. Strict monitoring of import quantity of the above items through the designated ports shall be
carried out by CBIC through the customs authorities at the respective ports to ensure that the
quantity of 12 lakh Metric ton is not breached.
Effect of the Notification: Application of provision as in Condition 6(b) of General Notes
Regarding Import Policy Schedule — I (Imports) of the ITC (HS) 2017 is relaxed to allow
imports of 12 Lakh Metric ton of crushed and de-oiled GM soya cake (only Non-living
organism) under ITC HS codes 23040020 and 23040030 from Nhava Sheva (INNSA1) port and
LCS Petrapole (INPTPB), till 31st October, 2021 or until further orders, whichever is earlier.
This issues with the approval of the Minister of Commerce & Industry.
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Director General of Foreign Trade
Ex- officio Addl. Secretary to the Government of India
(F. No. M-5012/300/2002/PC-2|A]/Part-VI/e-9019)