Trade policy review report by the secretariat


Table A3. 4 Export prohibitions, 2014



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Table A3. 4 Export prohibitions, 2014

Reason for prohibition

Description

Protection of wildlife under the Wild Life (Protection) Act 1972

All wild animals, animal articles (including their products and derivatives), excluding those for which ownership certificates have been granted and those required for transactions for education, scientific research, and management under the Wild Life (Protection) Act 1972, including their parts and products

Live exotic birds, excluding albino budgerigars, budgerigars, Bengali finches, white finches, and zebra finches, which may be exported subject to preshipment inspection; and java sparrows, which are subject to export licensing

Marine species and their parts, products, and derivatives under the Wild Life (Protection) Act 1972

Bêche-de-mer (sea cucumber)



Control of poaching and illegal trade in wildlife and its products

Peacock tail feathers, including handicrafts and articles of peacock tail feathers

Shavings of shed antlers of Chital and Sambhar, including manufactured articles

Sea shells, including polished sea shells and handicrafts made out of those species mentioned in the Wild Life (Protection) Act 1972


Social and religious reasons

Beef of cows, oxen and calf

Offal of cows, oxen, and calf

Meat of buffalo (both bone-in and boneless)

Tallow, fat and/or oils of any animal origin, excluding fish oil, buffalo tallow and lanolin

Human skeletons


Ecological and environmental reasons

Undersized rock lobsters and sand lobsters

Chemicals under the Montreal Protocol when exported to a country that is not party to the Protocol

Plants and plant portions of wild species specified in the Wild Life (Protection) Act 1972 or the CITES Appendix I or in the Export Licensing Note 1a

Wood and wood products in forms of logs, timber, stumps, roots, barks, chips, powder, flakes, dust, pulp, and charcoalb, other than sawn timber made exclusively out of imported logs/timber

Fuel wood in logs, billets, twigs, faggots or similar forms; wood in chips or particles; and sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms

Wood charcoal whether or not agglomeratedb

Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end jointed, of a thickness exceeding 6 mm, other than sawn timber made exclusively out of imported logs/timber

Sandalwood in any form, excluding finished handicraft products of sandalwood, machine finished sandalwood products, and sandalwood oil

Red sanders wood in any form, whether raw, processed or unprocessed, excluding value added products of red sanders wood (e.g. extracts, dyes, musical instruments, and parts of musical instruments, furniture, parts of various sizes of furniture (subject to DGFT notification No.54 of 3 December 2013), toys, dolls and other handicrafts made from red sanders wood procured from legal sources


Natural resources conservation

Mechanical wood pulp

Chemical wood pulp, dissolving grades

Chemical wood pulp, soda or sulphate, other than dissolving grades

Chemical wood pulp, sulphite, other than dissolving grade

Semi chemical wood pulp


Family planning scheme

Condomsc

Ensuring domestic availability/food security

Dried leguminous vegetables, shelled, whether or not skinned or split, excluding kabuli chana (chickpea), and 10,000 tonnes of organic pulses during 2011-12d

All edible oile



Implementing the Chemical Weapons Convention

Toxic chemicals (Chemical Weapons Convention, Schedule 1)

a For Export Licensing Note 1, see the Export Policy Schedule (Chapter 12). Exemptions for research, education, and lifesaving drugs are granted by the DGFT, upon recommendations by the Ministry of Environment and Forests & Climate Change.

b Exemption from prohibition has been given for export of wood charcoal to Bhutan from 23 December 2013.

c Certain brands and those with certain markings/stamps (see the Export Policy Schedule (Chapter 40)).

d Pulses may be exported to Sri Lanka under specific permission granted by DGFT. The prohibition does not apply to export of pulses to Bhutan.

e Exemptions apply to: exports of castor oil; exports of coconut oil from all EDI ports and all Land Custom Stations (LCS) on Indo-Nepal, Indo-Bangladesh, Indo-Bhutan and Indo-Pakistan borders; deemed exports of edible oils (as input raw material) from the domestic tariff area (DTA) to 100% to EOUs for production of non-edible goods to be exported; exports of oils produced out of minor forest produce, even if edible; exports of edible oil from DTA to special economic zones (SEZs) for consumption by SEZ units in manufacture of processed food products subject to applicable value addition norms and 10,000 tonnes of organic edible oils per year subject to the conditions notified in Notification No.50 of 3 June 2011. Further export of edible oils in branded consumer packs of up to 5 kg is permitted subject to minimum export price of US$1,100 per tonne (as amended from time to time). The prohibition will not apply to export of edible oil to Bhutan.

Source: WTO Secretariat, based on information provided by the Indian authorities.



Table A3. 5 Export incentive schemes, 2014

Scheme

Description

Duty exemption schemes

Advance Authorization Scheme (previously Advance Licence Scheme)


An Advance Authorization is issued to allow duty free import of inputs, which are physically incorporated in export product (making normal allowance for wastage). In addition, fuel, oil, catalysts which are consumed/utilized to obtain export product, may also be allowed. DGFT, by means of Public Notice, may exclude any product(s) from the purview of Advance Authorization. Mandatory spares which are required to be exported/supplied with the resultant product can be allowed duty free but up to 10% of c.i.f. value of Authorization.

Advance Authorization can be issued either to a manufacturer exporter or a merchant exporter tied to supporting manufacturer(s). Advance Authorization shall be issued for physical exports (including exports to SEZ) and/or intermediate supplies; and/or supply of goods that are allowed in Chapter 8 of the FTP. Supply of "stores" on board of foreign going vessel/aircraft subject to condition that there is specific SION in respect of item(s) supplied. In addition, in respect of supply of goods to specified projects mentioned in paragraph 8.2 (d), (f) and (j) of FTP, an Advance Authorization can also be availed by sub-contractor to such project provided name of sub-contractor(s) appears in main contract.

Advance Authorization and/or materials imported thereunder will be with actual user condition. It will not be transferable even after completion of export obligation. However, Authorization holder will have option to dispose of product manufactured out of duty free inputs once export obligation is completed.

Advance Authorization necessitates exports with a minimum value addition of 15%, except for items specified in Appendix 11B of HBP v1 and for items in gems & jewellery sector, for which value addition would be as per paragraph 4A.2.1 of HBP v1.

Export obligation shall be fulfilled within 18 months except in case of supplies to projects/turnkey projects in India/abroad under deemed exports category where EO must be fulfilled during contracted duration.


Duty-Free Import Authorization (DFIA) Scheme


DFIA is issued to allow duty free import of inputs, fuel, oil, catalyst which are required for production of export product. DGFT, by means of Public Notice, may exclude any product(s) from purview of DFIA. It shall be issued only for products for which Standard Input and Output Norms (SION) have been notified.

A minimum 20%-value addition shall be required for issuance of DFIA. However, for items in gems and jewellery sector value addition as prescribed under paragraph 4A.2.1 of HBP v1. shall apply. Similarly, for items where a higher value addition has been prescribed under Advance Authorization Scheme, the same value addition for DFIA shall be applied.

DFIA is transferable and once transferability is endorsed, authorization holder may transfer DFIA or duty free inputs, except fuel and any other item(s) notified by DGFT. However, for fuel, import entitlement may be transferred only to companies which have been granted authorisation to market fuel by the Ministry of Petroleum and Natural Gas.

Export obligation shall be fulfilled within 18 months except in case of supplies to projects/turnkey projects in India/abroad under deemed exports category where EO must be fulfilled during contracted duration.



Duty Remission Scheme

Duty Entitlement Passbook (DEPB) Scheme

The scheme was eliminated on 1 November 2011; it aimed at neutralizing the incidence of customs duty on imports of inputs for the manufacture of export products.

Reward schemes

Served from India Scheme


The objective of the Scheme is to accelerate growth in export of services so as to create a powerful and unique "Served From India" brand, instantly recognized and respected the world over. Indian Service Providers, of listed services are entitled to Duty Credit Scrip at 10% of the net foreign exchange earned. However, services and service providers listed in Para 3.6.1 of Hand Book of Procedures Vol. 1 are not eligible. Import are allowed with actual user condition for import of capital goods including spares, office equipment, consumables, vehicles which are in the nature of professional equipment to the service provider.

Special Agricultural and Village Industry Scheme (Vishesh Krishi and Gram Udyog Yojana)


Objective of this scheme is to promote employment generation in rural and semi urban areas. Duty Credit Scrip benefits are granted with an aim to compensate high transport costs, and to offset other disadvantages. Vishesh Krishi And Gram Udyog Yojana has been gradually expanded to include export of Agricultural Produce and their value added products; Minor Forest Produce and their value added variants; Gram Udyog Products; Forest based products and Other Products, as notified under Appendix 37A of HBP v1, from time to time.

Exporters of notified products are entitled for Duty Credit Scrip equivalent to 5% of f.o.b. value of exports (in free foreign exchange) for export. Few products are also eligible to additional 2% over & above 5% as admissible for specified products in Appendix 37A of HBP v1.



Agri-Infrastructure Incentive Schemec


Status Holders (having status recognition) exporting products covered under ITC HS Chapters 1 to 24 , shall be granted Duty Credit Scrip equal to 10% of f.o.b. value of agricultural exports (including VKGUY benefits entitled under Policy Para 3.13.2) for exports made during a particular year. This shall be subject to the condition that the total benefits for all status holders put together does not exceed Rs 100 Cr (i.e. Rs 50 Cr for each half year) and the conditions specified in Para 3.7.2 of HBPv1 are satisfied.

The following capital goods/equipment shall be permitted for import:

(i) Cold storage units (including Controlled Atmosphere (CA) and Modified Atmosphere (MA) Stores); precooling units and mother storage units for onions, etc.;

(ii) Pack houses (including facilities for handling, grading, sorting and packaging etc.); for items notified in Appendix 37 F.

(iii) Reefer van/containers; and

(iv) Other capital goods/equipment as may be notified in Appendix 37 F.



Focus Market Scheme


Focus Market Scheme has been launched for offsetting high freight cost and other externalities to select international markets with a view to enhance India's export competitiveness in these countries. Exporters of all products to notified countries (as in Table 1 & Table 2 of Appendix 37C of HBPv1) shall be entitled for Duty Credit Scrip equivalent to 3% of f.o.b. value of exports. However, additional duty credit scrip at 1% f.o.b. value of exports is given to markets listed in Table 3 of Appendix 37C under Special Focus Market Scheme. New markets have been added to the Special Focus Market Scheme from time to time.

Focus Product Scheme


Focus Products Scheme is aimed to incentivise export of such products which have high export intensity/employment potential, so as to offset infrastructure inefficiencies and other associated costs involved in marketing of these products.

Exports of notified products (as in Appendix 37D of HBPv1) to all countries (including SEZ units) shall be entitled for Duty Credit Scrip equivalent to 2% or 5% of f.o.b. value of exports (in free foreign exchange).

Export of Products/Sectors of high export intensity/employment potential (which are not covered under present FPS List) would be incentivized at 2% of f.o.b. value of exports (in free foreign exchange) under FPS when exported to the Linked Markets (countries), which are not covered in the present FMS list. Such products will be listed in Table 2 or Table 3 of Appendix 37D of HBPv1.

Incentive to the products listed in Table 3 will be in addition to any benefit which the same item may be entitled to under Table 1 or Table 2 of Appendix 37D.



Status Holder Incentive Scheme


The scheme was discontinued on 1 April 2013.

The scheme was aimed at promoting investment for technology upgrading in the leather, textile and jute, handicrafts, engineering, plastics, and basic chemical (excluding pharma) subsectors;

Exporters were granted a duty credit equivalent to 1% of the f.o.b. value of exports over 2009 10. The duty credit had also been granted to exporters of additional subsectors in 2010 12f;

Exporters who had benefited from the Technology Upgradation Fund Scheme of the Ministry of Textiles, were not eligible.



Export Promotion Capital Goods Scheme

Zero-duty rate


Exporters of specific products may import capital goods duty free to manufacture export products, subject to an export obligation of six times the amount of the duty saved, to be met within six years. Exporters who have benefited from the Status Holder Incentive Scheme or the Technology Upgradation Fund Scheme (of the Ministry of Textiles) are not eligible;

The scheme was in place until 31 March 2013. Subsequently w.e.f. 18.4.2013 only one scheme i.e. the zero duty EPCG scheme is in force and is available to all sectors and irrespective of whether TUFS benefit has been availed or not.



Concessional rate


Manufacturers of exports may import capital goods at a 3% duty rate, subject to an export obligation of: (i) eight times the amount of the duty saved, to be met within eight years; (ii) six times the amount of the duty saved for agri units, to be met within 12 years; and (iii) six times the amount of the duty saved for micro and small enterprises, to be met within eight years, and the c.i.f. value of imports should not exceed Rs 5 million and total investment after imports should not exceed the limits prescribed to maintain the micro and small enterprises status (Chapter II(4)(i)(c)). If the duty saved amounts to at least Rs 1 billion, the export obligation is to be met within 12 years for all manufacturers;

Service providers certified as common service provider by the DGFT may also import capital goods to export services at a 3% duty rate. The export obligation is eight times the amount of the duty saved, to be met within eight years.

The 3% duty rate EPCG scheme was substituted by the Zero duty EPCG scheme w.e.f. 18.04.2013 which is available to all sectors and is irrespective of whether TUFS benefit has been availed or not.


Schemes for gems and jewellery




Exporters of gold/silver/platinum jewellery and articles thereof may import their essential inputs such as gold, silver, platinum, mountings, findings, rough gems, precious and semi precious stones, synthetic stones and unprocessed pearls etc. in accordance with the procedure specified in this behalf. They can obtain gold/silver/platinum as an input for export products from nominated agencies in advance or as replenishment after exports in accordance with specified procedure.

Replenishment authorization


Replenishment authorizations are granted against exports of gold, platinum and silver jewellery and articles made of gold, platinum and silver. Application shall be filed within six months following the month during which the export proceeds are realized.

Gem REP Authorizations shall also be valid for import of empty jewellery boxes up to 5% of value of Authorization within its overall c.i.f. value. Gem REP authorizations issued against export of studded gold/silver/platinum jewellery articles, shall also be valid for import of cut and polished precious/semi-precious stones other than emerald up to 10% of c.i.f. value of Authorization within its overall c.i.f. value. Such Gem REP authorizations are freely transferable.

Exporters can also import duty free consumables, tools and other items namely, tags and labels, security censor on card, staple wire, poly bag (as notified by Customs) for jewellery made out of precious metals (other than gold & platinum) equal to 2% and for cut and polished diamonds and jewellery made out of gold and platinum equal to 1% of f.o.b. value of exports of the preceding year under replenishment authorization However, in case of Rhodium finished silver jewellery, entitlement will be 3% of f.o.b. value of exports of such jewellery. This Authorization shall be non-transferable and subject to actual user condition.


Advance Authorization Scheme for gems and jewellery


Procedure applicable to Advance Authorization under Chapter 4 of HBP shall generally apply to this scheme except norms for Value addition/EO period and regularisation of default. Value addition for Gems and Jewellery items shall be as per para 4A.2 of HBPV1.

Advance authorization holder may obtain gold/silver/platinum from nominated agencies in lieu of direct imports.



Export and Trading Houses Scheme

Merchant as well as manufacturer exporters, service providers, Export Oriented Units (EOUs) and units located in Special Economic Zones (SEZs), Agri. Export Zones (AEZs), Electronic Hardware Technology Parks (EHTPs), Software Technology Parks (STPs) and Bio-Technology Parks (BTPs) shall be eligible for recognition as a status holder.

Status recognition depends upon export performance. An applicant shall be categorized as status holder upon achieving export performance indicated in para 3.10.2 of FTP. The criterion is based on export performance. The export performance is counted on the basis of FOB value of export proceeds realized during current plus previous three years (taken together).For Export House (EH) status, export performance is necessary in at least two out of four years.

exporters in Small Scale Industry (SSI)/tiny sector/cottage sector, units registered with KVICs/KVIBs, units located in North Eastern States, Sikkim and Jammu & Kashmir, units exporting handloom/handicrafts/hand knotted or silk carpets, exporters exporting to countries in Latin America/CIS/sub-Saharan Africa as listed in Appendix-9, Units having ISO 9000 (series)/ISO 14 000 (series)/WHOGMP/HACCP/SEI CMM level-II and above status granted by agencies listed in Appendix-6 of HBP v1, exports of services and exports of agro products shall be entitled for double weightage on exports made for grant of status. Double weightage shall be admissible to merchant as well as manufacturer exporters.

However, a shipment can get double weightage only once in any one of above categories.




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