DGFT NOTIFICATION No 38/2007, Amendments in the ITC(HS) Classifications of Export and Import items, 2004-2009

15-10-2007

DGFT NOTIFICATION No 38/2007

Amendments in the ITC(HS) Classifications of Export and Import items, 2004-2009

GOVERNMENT OF INDIA
MINISTRY OF COMMERCE & INDUSTRY
DEPARTMENT OF COMMERCE

NOTIFICATION NO. 38 (RE-2007)/2004-2009
NEW DELHI, THE 15th OCTOBER 2007,
(This Notification amended by Notification No. 42(RE–2007)/2004-2009, Dated 23rd October, 2007, Notification No 43(RE-2007)/2004-2009, Dated 24th October, 2007, Notification No 45(RE-2007)/2004-2009, Dated 31st October, 2007), Notification No. : 46/2007, Dated 02.11.2007, Notification No. : 46/2007, Dated 02.11.2007, Notification No.:60(RE-2007)/2004-2009, Dated 06.12.2007, Notification No.:61(RE-2007)/2004-2009, Dated 12.12.2007, NOTIFICATION No.:68/2007, Dated: 07.12.2007, Notification No. : 73/2007, Dated 24.01.2008).

S.O.(E) In exercise of the powers conferred by Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 (No.22 of 1992) read with Para 1.3 and Para 2.1 of the Foreign Trade Policy, 2004-2009, the Central Government hereby makes the following amendments in the ITC(HS) Classifications of Export and Import items, 2004-2009 as amended, from time to time :

1. With effect from 09.10.2007, in supersession of Notification No. 34 (RE-2007)/2004-2009, dated 08.10.2007, the following new entry shall be inserted after entry at Sl. No.45 in Chapter 10 under Schedule 2 of ITC(HS) : -
   
   

   Sl. No.	Tariff Item HS Code	Unit	Item Description	Export Policy	Nature of Restriction
   45A	1006 10 1006 10 10 1006 10 90 1006 20 00 1006 30 1006 30 10 1006 30 90 1006 40 00	Kg.	Non Basmati Rice	Prohibited	Not permitted to be exported.
   45AA	1006 30 20	Kg	Basmati Rice	Free	Exports to Russian Federation permitted subject to preshipment quality certification issued by Sri Ram Institute for Industrial Research or any other agency as may be notified from time to time.

   Contd…..
   -2-
   
2. The above Notification in respect of Non Basmati Rice will not be applicable to exports undertaken under food aid programmes. 
      
   2.1  Further, exports of rice to Maldives under bilateral Trade Agreement between Government of India and Government of Maldives are exempted from restrictions imposed by this Notification. ( This Para added by DGFT Notification No. 42(RE–2007)/2004-2009, Dated 23rd October, 2007)
   
   2.2  However, rice brought into the port godowns for export till 10.10.2007; as certified by port authorities; shall be allowed to be exported.(This Para 2.2 is added by  DGFT Notification No 43(RE-2007)/2004-2009, Dated 24th October, 2007)
   
   
   2.3  Minimum Export Price (MEP) is more than US$ 425 per ton FOB or Rs. 17,000/- per ton FOB” is replaced by “Minimum Export Price (MEP) is more than US$ 500 per ton FOB or Rs. 20,000/- per ton FOB. (This Para is amended by DGFT NOTIFICATION No. : 68/2007, Dated : 27.12.2007).
   
   
   [Old-2.3 Further, the prohibition imposed by this Notification shall not be applicable to the export of non-basmati rice if the Minimum Export Price (MEP) is more than US$ 425 per ton FOB or Rs. 17,000/- per ton FOB.(This Para is amended by DGFT NOTIFICATION No. : 61/2007, Dated 12.12.2007]
   
   
   [Old -Further, the prohibition imposed by this Notification shall not be applicable to the export of non-basmati rice if the Minimum Export Price (MEP) is more than US$ 425 per ton FOB.]
   
   2.3.1  The above MEP shall also not be applicable to:-
             (a)  Exports of non-basmati rice for which letter of credit has been opened till 09.10.2007; and
             (b)  Rice brought into the port godowns for export till 10.10.2007, as certified by port authorities
   (The Above Parap 2.3 and  2.3.1 added by DGFT Notification No 45(RE-2007)/2004-2009, Dated 31st October, 2007)
   
   2.4   Further, rice brought for export into the godowns of Kakinada city till 10.10.2007 (as certified by the State Government of Andhra Pradesh) shall be allowed to be exported. (This para is added by
   DGFT NOTIFICATION No. : 46/2007, Dated 02.11.2007.)
   
   2.5  The prohibition imposed by this Notification on export of non-basmati rice shall not be applicable to export of 1,000 MT of rice to Republic of Mauritius through STC. (This para is added by DGFT Notification No.: 58(RE-2007)/2004-2009, Dated 26.11.2007.)
   
   2.6 The prohibition imposed by this Notification on export of non-basmati rice shall not be applicable to export of 50,000 MT of rice to Peoples Republic of Bangladesh by M/s LMJ International Limited, 30, J.L. Nehru Road, Kolkata – 700 016 against the said ordered quantity as per international tender opened by Government of Bangladesh on 08.10.2007.(This para is added by DGFT Notification No.: 60(RE-2007)/2004-2009, Dated 06.12.2007.)
   
   2.7  The prohibition imposed by this Notification on export of non-basmati rice shall not be applicable to export of 50,000 MT of rice to Madagascar through STC, and 25,000 MT of rice to Comoros and 9,000 MT of rice to Mauritius through MMTC. (This para is added by DGFT NOTIFICATION No. : 73/2007,  Dated 24.01.2008.)
   
   
3. 2.1 Further, exports of rice to Maldives under bilateral Trade Agreement between Government of India and Government of Maldives are exempted from restrictions imposed by this Notification.
   
4. This issues in Public Interest.

(R.S. GUJRAL)
Director General of Foreign Trade
And Ex-Officio Additional Secretary to the Govt. of India
(Issued from F.No.01/91/180/846/AM’08/PC-III)