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Introduction
The foreign trade policy is also known as commercial policy. It is also
considered as “Gita” “Bible” or “Quran” for an entrepreneur who intends to
venture into a new business or expand and diversify the existing business.
Majority of the information requirements, doubts and clarifications can be
cleared by referring to the Foreign Trade Policy. The following paragraphs
deal with how the foreign trade policy helps an entrepreneur in doing a
business?
Since the adoption of planned development in 1951 India followed for nearly
four decades a strong inward-oriented policy with a focus on import
substitution industrialization (ISI) strategy. The overemphasis on import
substitution had a very adverse effect on exports. Realising the drawbacks
of the excessively inward-looking trade strategy on the one hand and the
need for modernization and technology up-gradation of the Indian industry
on the other, certain policy measures in the direction of trade liberalization
were initiated in the late seventies and eighties. Besides, to get greater
integration of the Indian economy with the rest of the world a need was felt
to follow the outward-looking trade strategy. Among the number of
Committees set up, the recommendations of the two prominent Committee
namely the Alexander Committee suggested simplification of import licensing
procedure and provided a framework involving a shift in the emphasis from
‘controls’ to ‘development. The Abid Hussain Committee envisaged ‘growth-
led exports’ and stressed upon the need for harmonization of foreign trade
policies with other economic policies arguing for a phased reduction of
effective protection. In line with these recommendations, the Government
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for the first time introduced a three-year long-term import-export policy with
the aim of boosting exports and encouraging efficient import substitution.
The current five-year Foreign Trade Policy (2015-20) effective from 1 st April
2015, announced by the NDA Government, is valid till March 31, 2020. The
Policy provides a framework for increasing exports of goods and services as
well as generation of employment and increasing value addition to the
country, in keeping with the ‘Make in India’ vision of Hon’ble Prime Minister
Mr Modi. The focus of the government is to support both the manufacturing
and services sectors, with a special emphasis on improving the ‘ease of doing
business’.
How it Helps?
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Keeping in mind the objective of socio-economic development and the
national priorities, the items of trade are classified into different categories in
the policy. In the Indian context, the items of trade have been put into three
categories viz. (1) Prohibited or Negative List of Items, (2) Restricted Items
or ‘exclusive trading through State Trading Enterprises (STEs)’ as laid down
in Harmonised System of Indian Trade Classification (HSITC) of Exports and
Imports, and (3) the OGL (open general licence or free for export/import but
subject to conditions stipulated in other Acts/Laws for time being in force)
Items. For details of the items placed in each category, please refer to the
Foreign Trade Policy 2015-20 or visit www.dgft.gov.in. and www.ieport.com
For details of financial, fiscal and export promotion schemes, please refer to
main Foreign Trade Policy and Handbook of Procedures, Vol.I.
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HIGHLIGHTS OF FOREIGN TRADE POLICY 2015-20
(Effective from 1st April 2015 valid till 31st March 2020)
The list of services and the rates of rewards under SEIS are at
Annexure-2. (b) The rate of reward under SEIS would be based on
net foreign exchange earned. The reward issued as duty credit
scrip, would no longer be with actual user condition and will no
longer be restricted to usage for specified types of goods but be
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freely transferable and usable for all types of goods and service tax
debits on procurement of services / goods. Debits would be eligible
for CENVAT credit or drawback.
6. Higher level of rewards under MEIS for export items with high
domestic content and value addition. It is proposed to give higher
level of rewards to products with high domestic content and value
addition, as compared to products with high import content and less
value addition.
11. New initiatives for EOUs, EHTPs and STPs (a) EOUs, EHTPs,
STPs have been allowed to share infrastructural facilities among
themselves. This will enable units to utilize their infrastructural
facilities in an optimum way and avoid duplication of efforts and cost
to create separate infrastructural facilities in different units. (b) Inter
unit transfer of goods and services have been allowed among EOUs,
EHTPs, STPs, and BTPs. This will facilitate group of those units which
source inputs centrally in order to obtain bulk discount. This will
reduce cost of transportation, other logistic costs and result in
maintaining effective supply chain. (c) EOUs have been allowed
facility to set up Warehouses near the port of export. This will help in
reducing lead time for delivery of goods and will also address the
issue of unpredictability of supply orders. (d) STP units, EHTP units,
software EOUs have been allowed the facility to use all duty free
equipment/goods for training purposes. This will help these units in
developing skills of their employees. (e) 100% EOU units have been
allowed facility of supply of spares/ components up to 2% of the
value of the manufactured articles to a buyer in domestic market for
the purpose of after sale services. (f) At present, in a period of 5
years EOU units have to achieve Positive Net Foreign Exchange
Earning (NEE) cumulatively. Because of adverse market condition or
any ground of genuine hardship, then such period of 5 years for NFE
completion can be extended by one year. (f) Time period for validity
of Letter of Permission (LOP) for EOUs/EHTP/ STPI/BTP Units has
been revised for faster implementation and monitoring of projects.
Now, LOP will have an initial validity of 2 years to enable the unit to
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construct the plant and install the machinery. Further extension can
be granted by the Development Commissioner up to one year.
Extension beyond 3 years of the validity of LOP, can be granted, in
case unit has completed 2/3rd of activities, including the
construction activities. (g) At present, EOUs/EHTP/STPI units are
permitted to transfer capital goods to other EOUs, EHTPs, STPs, SEZ
units. Now a facility has been provided that if such 14 transferred
capital goods are rejected by the recipient, then the same can be
returned to the supplying unit, without payment of duty. (h) A
simplified procedure will be provided to fast track the de-bonding /
exit of the STP/ EHTP units. This will save time for these units and
help in reduction of transaction cost. (i) EOUs having physical export
turnover of Rs.10 crore and above, have been allowed the facility of
fast track clearances of import and domestic procurement. They will
be allowed fast tract clearances of goods, for export production, on
the basis of preauthenticated procurement certificate, issued by
customs / central excise authorities. They will not have to seek
procurement permission for every import consignment.
16. Additional Ports allowed for Export and import Calicut Airport,
Kerala and Arakonam ICD, Tamil Nadu have been notified as
registered ports for import and export.
A. Country Groups:
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(b) 69% of the aggregate female employment is concentrated in the
following sectors: (i) Manufacture of other food products - Jelly
Confectionery, tomato ketchup, cooked stuffed pasta, pawa, mudi
and the like, gingerbread , papad, pastries and cakes. (ii)
Manufacture of wearing apparel-396 lines of Readymade Garments
(i) Served from India Scheme (SFIS) has been replaced with Service
Exports from India Scheme (SEIS). SEIS shall apply to `Service
Providers’ located in India’ instead of `Indian Service Providers’.
Thus SEIS provides for rewards to all Service providers of notified
services, who are providing services from India, regardless of the
constitution or profile of the service provider. (ii) The rate of reward
under SEIS would be based on net foreign exchange earned. The
reward issued as duty credit scrip, would no longer be with actual
user condition and will no longer be restricted to usage for specified
types of goods but be freely transferable and usable for all types of
goods and service tax debits on procurement of services/goods.
Debits would be eligible for CENVAT credit or drawback. (iii) The
present rates of reward are 3% and 5%. The list of services and the
rates of rewards would be reviewed after 30.9.2015. Sl No SECTORS
Admissible rate
1. BUSINESS SERVICES
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C. Rental/Leasing services without operators Relating to ships,
Relating to aircraft, Relating to other transport equipment, Relating
to other machinery and equipment 5% D Other business services
Advertising services, Market research and public opinion polling
services Management consulting service, Services related to
management consulting, Technical testing and analysis services,
Services incidental to agricultural, hunting and forestry, Services
incidental to fishing, Services incidental to mining, Services 3%
incidental to manufacturing, Services incidental to energy
distribution, Placement and supply services of personnel,
Investigation and security, Related scientific and technical consulting
services, Maintenance and repair of equipment (not including
maritime vessels, aircraft or other transport equipment),
Buildingcleaning services, Photographic services, Packaging services,
Printing, publishing and Convention services
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recreational services 5% 9 TRANSPORT SERVICES (Please refer Note
2)
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MAJOR SCHEMES ANNOUNCED BY DEPARTMENT OF COMMERCE, GOI
TO BENEFIT EXPORTERS
Objectives:
Who is Eligible?
Financial Assistance to Exporters for participation in Overseas Trade Fairs and Exhibitions
under MDA Scheme
S.No. Area/Sector No. ofMaximum Financial ceiling per event
Visits
(1) (2) (4)
(3)
(1) For EPC etc. led Trade Delegations/BSMs only air-fare by Economy
Excursion class upto a maximum of Rs. 70,000 (Rs. 1,00,000 in case of
Focus LAC) shall be permissible. For participation in Trade Fairs/ Exhibitions
reimbursement shall be permissible subject to ceilings mentioned in the
column 4 in the above table.
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(i) EPCs shall display the details of participants in each fairs/events
organized/participated by them and their year-wise export status on
their website.
Settlement of Claims
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II. MARKET ACCESS INITIATIVE (MAI) SCHEME
• i) Reverse visits of the prominent buyers, etc., from the project focus
countries.
b) Capacity Building
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• For quality up-gradation of select products for export markets (by skill
upgradation using experts/designers, production process improvements,
reduction in rejections etc.)
d) Studies
• All Trade related studies including Joint Study Group(JSG), Free Trade
Agreement(FTA), Regional Trade Agreement(RTA) studies etc. Only
specific markets studies would be undertaken and these studies would
be entrusted to reputed professional organizations
e) Project Development
f) Miscellaneous
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• Developing Foreign Trade Facilitation web Portal (data bases and
systems for dissemination of information (electronic or otherwise to
Indian Exporters);
Who is Eligible?
• Commodity Boards
Sanction Criteria
3. The assistance under the Scheme for activities under the project will not
be provided for which assistance under MDA has already been
sanctioned.
4. The funding for the project will be on cost-sharing basis. However, the
Empowered Committee may consider for enhancement or curtailment of
the level of assistance on the merit of the project
Level of Assistance
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Varies from activity to activity – 25% to 100%
Objective
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Export of goods through courier or foreign post offices using e-
Commerce (i) Exports of goods through courier or foreign post office
using e-commerce, as notified in Appendix 3C, of FOB value upto Rs.
25000 per consignment shall be entitled for rewards under MEIS. (ii) If
the value of exports using e-commerce platform is more than Rs 25000
per consignment then MEIS reward would be limited to FOB value of
Rs.25000 only. (iii) Such goods can be exported in manual mode
through Foreign Post Offices at New Delhi, Mumbai and Chennai. (iv)
Export of such goods under Courier Regulations shall be allowed
manually on pilot basis through Airports at Delhi, Mumbai and Chennai
as per appropriate amendments in regulations to be made by
Department of Revenue. Department of Revenue shall fast track the
implementation of EDI mode at courier terminals.
Objective
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Objective of Service Exports from India Scheme (SEIS) is to encourage
export of notified Services from India.
Eligibility
(1) Foreign exchange remittances other than those earned for rendering
of notified services would not be counted for entitlement. Thus, other
sources of foreign exchange earnings such as equity or debt
participation, donations, receipts of repayment of loans etc. and any
other inflow of foreign exchange, unrelated to rendering of service,
would be ineligible. (2) Following shall not be taken into account for
calculation of entitlement under the scheme (a) Foreign Exchange
remittances: I. Related to Financial Services Sector (i) Raising of all
types of foreign currency Loans; (ii) Export proceeds realization of
clients; (iii) Issuance of Foreign Equity through ADRs / GDRs or other
similar instruments; (iv) Issuance of foreign currency Bonds; (v) Sale of
securities and other financial instruments; (vi) Other receivables not
connected with services rendered by financial institutions; and II.
Earned through contract/regular employment abroad (e.g. labour
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remittances); (b) Payments for services received from EEFC Account;
(c) Foreign exchange turnover by Healthcare Institutions like equity
participation, donations etc. (d) Foreign exchange turnover by
Educational Institutions like equity participation, donations etc. (e)
Export turnover relating to services of units operating under SEZ /
EOU / EHTP / STPI / BTP Schemes or supplies of services made to such
units; (f) Clubbing of turnover of services rendered by SEZ / EOU /EHTP
/ STPI / BTP units with turnover of DTA Service Providers; (g) Exports
of Goods. (h) Foreign Exchange earnings for services provided by
Airlines, Shipping lines service providers plying from any foreign
country X to any foreign country Y routes not touching India at all. (i)
Service providers in Telecom Sector.
Remittances through Credit Card and other instruments for MEIS and
SEIS Free Foreign Exchange earned through international credit cards
and other instruments, as permitted by RBI shall also be taken into
account for computation of value of exports.
Effective date of schemes (MEIS and SEIS) The schemes shall come into
force with effect from the date of notification of this Policy, i.e. the
rewards under MEIS/SEIS shall be admissible for exports made/services
rendered on or after the date of notification of this Policy
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erstwhile Chapter 3 of the earlier Foreign Trade Policy(ies) and scrip is
applied / issued on or after notification of this Policy against such export
of goods or services rendered, the then prevailing policy and procedure
regarding eligibility, entitlement, transferability, usage of scrip and any
other condition in force at the time of export of goods or rendering of
the services, shall be applicable to such scrips.
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IV. DUTY EXEMPTION/REMISSION SCHEMES
Advance Authorisation
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(ii) Advance Authorisation for Annual Requirement shall also not be
available in respect of SION where any item of input appears in
Appendix 4-J.
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(v) Horn, hoof and any other organ of animal; (vi) Honey; (vii) Rough
Marble Blocks/Slabs; and (viii) Rough Granite. (ix) Vitamins except for
use in pharmaceutical industry. (b) For export of perfumes, perfumery
compounds and various feed ingredients containing vitamins, no
Authorisation shall be issued by Regional Authority under paragraph
4.07 of Handbook of Procedures and applicants shall be required to
apply under paragraph 4.06 of Hand Book of Procedures to the Norms
Committee. (c) Where export and/or import of biotechnology items and
related products are involved, Authorisation under paragraph 4.07 of
Handbook of Procedures shall be issued by Regional Authority only on
submission of a “No Objection Certificate” from Department of
Biotechnology.
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Duty, Education Cess, Anti-dumping Duty, Safeguard Duty and
Transition Product Specific Safeguard Duty, wherever applicable.
However, Import against supplies covered under paragraph 7.02 (c),
(d) and (g) of FTP will not be exempted from payment of applicable
Antidumping Duty, Safeguard Duty and Transition Product Specific
Safeguard Duty, if any.
Validity Period for Import (i) Validity period for import of Advance
Authorisation shall be 12 months from the date of issue of
Authorisation. (ii) Advance Authorisation for Deemed Export shall be
coterminus with contracted duration of project execution or 12 months
from the date of issue of Authorisation, whichever is more.
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respectively. Export of a prohibited item may be allowed under Advance
Authorisation provided it is separately so notified, subject to the
conditions given therein. (ii) Items reserved for imports by STEs cannot
be imported against Advance Authorisation / DFIA. However those
items can be procured from STEs against ARO or Invalidation letter.
STEs are also allowed to sell goods on High Sea Sale basis to holders of
Advance Authorisation / DFIA holder. STEs are also permitted to issue
“No Objection Certificate (NOC)” for import by Advance Authorisation /
DFIA holder. Authorisation Holder would be required to file Quarterly
Returns of imports effected against such NOC to concerned STE and
STE would submit halfyearly import figures of such imports to
concerned administrative Department for monitoring with a copy
endorsed to DGFT. (iii) Items reserved for export by STE can be
exported under Advance Authorisation / DFIA only after obtaining a ‘No
Objection Certificate’ from the concerned STE. (iv) Import of restricted
items shall be allowed under Advance Authorisation/ DFIA. (v) Export of
restricted / SCOMET items however, shall be subject to all
conditionalities or requirements of export authorisation or permission,
as may be required, under Schedule 2 of ITC (HS).
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Import Authorisation holder shall also be eligible for Advance Release
Order / Invalidation Letter facility. (vii) Validity of Advance Release
Order / Invalidation Letter shall be co-terminous with validity of
Authorisation.
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Re-import of exported goods under Duty Exemption / Remission
Scheme Goods exported under Advance Authorisation / Duty
Free Import Authorisation may be re-imported in same or
substantially same form subject to such conditions as may be specified
by Department of Revenue. Authorisation holder shall also inform about
such re-importation to the Regional Authority which had issued the
Authorisation within one month from date of re-import.
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Validity & Transferability of DFIA (i) Applicant shall file online
application to Regional Authority concerned before starting export under
DFIA. (ii) Export shall be completed within 12 months from the date of
online filing of application and generation of file number. (iii) While
doing export/supply, applicant shall indicate file number on the export
documents viz. Shipping Bill / Airway Bill/ Bill of Export / ARE-1 / ARE-
3, Central Excise certified Invoice. (iv) After completion of exports and
realization of proceeds, request for issuance of transferable Duty Free
Import Authorisation may be made to concerned Regional Authority
within a period of twelve months from the date of export or six months
(or additional time allowed by RBI for realization) from the date of
realization of export proceeds, whichever is later. (v) Applicant shall be
allowed to file application beyond 24 months from the date of
generation of file number as per paragraph 9.03 of Hand Book of
Procedures. (vi) Separate DFIA shall be issued for each SION and each
port. (vii) Exports under DFIA shall be made from from a single port as
mentioned in paragraph 4.37 of Handbook of Procedures. (viii)No Duty
Free Import Authorisation shall be issued for an export product where
SION prescribes ‘Actual User’ condition for any input. (ix) Regional
Authority shall issue transferable DFIA with a validity of 12 months from
the date of issue. No further revalidation shall be granted by Regional
Authority.
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V. EXPORT PROMOTION CAPITAL GOODS SCHEME (EPCG)
Objective
EPCG Scheme (a) EPCG Scheme allows import of capital goods for
preproduction, production and post-production at Zero customs duty.
Alternatively, the Authorisation holder may also procure Capital Goods
from indigenous sources in accordance with provisions of paragraph
5.07 of FTP. Capital goods for the purpose of the EPCG scheme shall
include: (i) Capital Goods as defined in Chapter 9 including in CKD/SKD
condition thereof; (ii) Computer software systems; (iii) Spares, moulds,
dies, jigs, fixtures, tools & refractories for initial lining and spare
refractories; and (iv) catalysts for initial charge plus one subsequent
charge. (b) Import of capital goods for Project Imports notified by
Central Board of Excise and Customs is also permitted under EPCG
Scheme. (c) Import under EPCG Scheme shall be subject to an export
obligation equivalent to 6 times of duty saved on capital goods, to be
fulfilled in 6 years reckoned from date of issue of Authorisation. (d)
Authorisation shall be valid for import for 18 months from the date of
issue of Authorisation. Revalidation of EPCG Authorisation shall not be
permitted. (e) In case countervailing duty (CVD) is paid in cash on
imports under EPCG, incidence of CVD would not be taken for
computation of net duty saved, provided CENVAT is not availed. (f)
Second hand capital goods shall not be permitted to be imported under
EPCG Scheme. (g) Authorisation under EPCG Scheme shall not be
issued for import of any Capital Goods (including Captive plants and
Power Generator Sets of any kind) for (i) Export of electrical energy
(power) (ii) Supply of electrical energy (power) under deemed exports
(iii) Use of power (energy) in their own unit, and (iv) Supply/export of
electricity transmission services (h) Import of items which are restricted
for import shall be permitted under EPCG Scheme only after approval
from Exim Facilitation Committee (EFC) at DGFT Headquarters. (i) If the
goods proposed to be exported under EPCG authorisation are restricted
for export, the EPCG authorisation shall be issued only after approval
for issuance of export authorisation from Exim Facilitation Committee at
DGFT Headquarters.
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supporting manufacturer(s) and service providers. Name of supporting
manufacturer(s) shall be endorsed on the EPCG authorisation before
installation of the capital goods in the factory / premises of the
supporting manufacturer (s). In case of any change in supporting
manufacturer (s) the RA shall intimate such change to jurisdictional
Central Excise Authority of existing as well as changed supporting
manufacturer (s) and the Customs at port of registration of
Authorisation. (b) Export Promotion Capital Goods (EPCG) Scheme also
covers a service provider who is designated / certified as a Common
Service Provider (CSP) by the DGFT, Department of Commerce or State
Industrial Infrastructural Corporation in a Town of Export Excellence
subject to provisions of Foreign Trade Policy/Handbook of Procedures
with the following conditions:- (i) Export by users of the common
service, to be counted towards fulfilment of EO of the CSP shall contain
the EPCG authorisation details of the CSP in the respective Shipping
bills and concerned RA must be informed about the details of the Users
prior to such export; (ii) Such export will not count towards fulfilment of
specific export obligations in respect of other EPCG authorisations (of
the CSP/User); and 100 (iii) Authorisation holder shall be required to
submit Bank Guarantee (BG) which shall be equivalent to the duty
saved. BG can be given by CSP or by any one of the users or a
combination thereof, at the option of the CSP.
© Prepared and compiled by Prof (Dr) R K Wadhwa, Director, Global Business Consultants, and Ex-Prof IIFT & Former Director, 33
IBM, GLA University, Mathura; 2714 Sector 23, Gurgaon-122017; E-mail: rkwadhwa@gmail.com;
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benefits available under paragraph 7.03 of FTP. (f) EO can also be
fulfilled by the supply of ITA-I items to DTA, provided realization is in
free foreign exchange. (g) Royalty payments received by the
Authorisation holder in freely convertible currency and foreign exchange
received for R&D services shall also be counted for discharge under
EPCG. (h) Payment received in rupee terms for such Services as notified
in Appendix 3E shall also be counted towards discharge of export
obligation under the EPCG scheme.
© Prepared and compiled by Prof (Dr) R K Wadhwa, Director, Global Business Consultants, and Ex-Prof IIFT & Former Director, 34
IBM, GLA University, Mathura; 2714 Sector 23, Gurgaon-122017; E-mail: rkwadhwa@gmail.com;
www.globalbizconsultants.com
specified, remaining export obligation shall be condoned and the
Authorisation redeemed by RA concerned. However no benefit under
para 5.21 of HBP shall be permitted where incentive for early EO
fulfilment has been availed.
Reduced EO for North East Region and Jammu & Kashmir For
units located in Arunachal Pradesh, Assam, Manipur, Meghalaya,
Mizoram, Nagaland, Sikkim, Tripura and Jammu & Kashmir, specific EO
shall be 25% of the EO, as stipulated in Para 5.01. There shall be no
change in average EO imposed, if any, as stipulated in Para 5.04.
Post Export EPCG Duty Credit Scrip(s) (a) Post Export EPCG Duty
Credit Scrip(s) shall be available to exporters who intend to import
capital goods on full payment of applicable duties in cash and choose to
opt for this scheme. (b) Basic Customs duty paid on Capital Goods shall
be remitted in the form of freely transferable duty credit scrip(s),
similar to those issued under Chapter 3 of FTP. (c) Specific EO shall be
85% of the applicable specific EO under the EPCG Scheme. However,
average EO shall remain unchanged. (d) Duty remission shall be in
proportion to the EO fulfilled. (e) All provisions for utilization of scrips
issued under Chapter 3 of FTP shall also be applicable to Post Export
EPCG Duty Credit Scrip (s). (f) All provisions of the existing EPCG
Scheme shall apply insofar as they are not inconsistent with this
scheme.
© Prepared and compiled by Prof (Dr) R K Wadhwa, Director, Global Business Consultants, and Ex-Prof IIFT & Former Director, 35
IBM, GLA University, Mathura; 2714 Sector 23, Gurgaon-122017; E-mail: rkwadhwa@gmail.com;
www.globalbizconsultants.com
VI. STATUS HOLDERS SCHEME (SHS)
(FTP 2015-20)
The Criteria for obtaining Status Holder Recognition has also been
changed from INR (Rs Crore) to USD (Million) in the FTP 2015-20.
© Prepared and compiled by Prof (Dr) R K Wadhwa, Director, Global Business Consultants, and Ex-Prof IIFT & Former Director, 36
IBM, GLA University, Mathura; 2714 Sector 23, Gurgaon-122017; E-mail: rkwadhwa@gmail.com;
www.globalbizconsultants.com
• Authorization and Customs Clearances for both imports and
exports on self-declaration basis;
• Fixation of Input-Output norms on priority within 60 days;
• Exemption from compulsory negotiation of documents through
banks. Remittance / Receipts,however, would be received through
banking channels;
• Exemption from furnishing of BG in Schemes under FTP, unless
otherwise specified
• Two Star and above shall be permitted to establish Export
Warehouses, as per DoR guidelines.
• Three Star and above shall be entitled benefit of ACP as per
guidelines of CBEC
• Status holders entitled to preferential treatment and priority in
handling consignments by concerned agencies
• Status holders manufacturers (3/4/5 stars) entitled to self-
certification of their mfd. goods as originating from India to
qualify for preferential treatment under PTAs, FTAs, CECA and
CEPA. Facility to be extended to other status holders.
• SHs entitled to export freely exportable items on free of cost basis
for EP subject to annual limit of Rs 10 lacs or 2% of average
annual export realisation during preceding three licensing years
whichever is higher.
© Prepared and compiled by Prof (Dr) R K Wadhwa, Director, Global Business Consultants, and Ex-Prof IIFT & Former Director, 37
IBM, GLA University, Mathura; 2714 Sector 23, Gurgaon-122017; E-mail: rkwadhwa@gmail.com;
www.globalbizconsultants.com
VII. DUTY DRAWBACK SCEHME
Section 74, 75, 75A, and 76 of Indian Customs Act 1962 read with relevant
sections of Central Excise Act 1944, and Finance Act 1994, and notifications
issued from time to time cover procedure for grant of DBK by Customs
Authorities while processing Trade documents of an exporter.
Section 74 of ICA 1962: Part of Customs Duty paid at the time of import is
remitted on export of the imported goods subject to their identification and
adherence to the prescribed procedure.
Conditions under Section 74: (a) Goods should have been imported into
India (b) Duty of customs should be paid thereon (c) Goods capable of easy
identification as originally imported (d) Goods should have been entered for
export either on S/B and clearance of goods for export permitted taken (e)
Satisfaction of AC/DC of goods imported (f) Goods are entered for export
within two years from the date of payment of duty on importation thereof.
© Prepared and compiled by Prof (Dr) R K Wadhwa, Director, Global Business Consultants, and Ex-Prof IIFT & Former Director, 38
IBM, GLA University, Mathura; 2714 Sector 23, Gurgaon-122017; E-mail: rkwadhwa@gmail.com;
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fifteen months
6 More than fifteen months but not more than 60
eighteen months
7 More than eighteen months Nil
• Wearing apparel
• Tea Chests
• Exposed cinematograph films passed by Board of Film Censors in India
• Unexposed photographic films, paper and plates, and X-ray films.
• In prescribed form
• Within Three months (extendable by another three months)
from the date on which an order permitting clearance and loading of
goods for exportation under Section 51 is made by proper officer of
Customs
Conditions:
© Prepared and compiled by Prof (Dr) R K Wadhwa, Director, Global Business Consultants, and Ex-Prof IIFT & Former Director, 39
IBM, GLA University, Mathura; 2714 Sector 23, Gurgaon-122017; E-mail: rkwadhwa@gmail.com;
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• Input could be either imported or indigenous on which custom/excise
duty paid
• Existence of imported/indigenous inputs, on which duty paid, in the final
goods not capable of easy verification at the point of export
• Goods, namely inputs might have undergone changes in physical shape,
property etc.
• Quantity of inputs per piece of final product may not be uniform and
may not also be capable of verification at time of exportation.
1. AIR: Average rate based on average qty and value of inputs and duties
borne by them and Service Tax suffered by a particular export product.
Notified by Govt. in DBK Schedule – three months from announcement of
Union Budget every year – currently more than 3900 entries covered in
Schedule. Legal framework is provided under Section 75 and 76 of ICA 1962,
Customs and CE Duties, and Service Tax DBK Rules 1995 (referred as DBK
Rules).
2.Brand rate/Special Brand Rate is allowed where export product does not
have AIR or same neutralises less than 4/5th of duties paid on materials used
in mfr of export goods
• Less than 1% of FOB value except where the amount of DBK per
shipment exceeds Rs 500/-
• Export value is less than value of imported materials used in such
export goods
• Export value is not more than such percentage of the value of the
imported materials used in manufacture of such goods or class of goods
as GOI may notify in Official Gazette
Upper limit of DBK money or rate determined under Rule 3 should not exceed
1/3rd of market price of export product
In cases where drawback is not paid either under Section 74 or 75, within a
period of one month from date of filing a claim for payment of such drawback,
interest @ fixed under Section 27A from date of expiry of said one month
period till date of payment of such drawback will be paid to claimant.
In case drawback has been paid erroneously, the claimant shall within a period
of two months from date of payment, pay in additional to said amount of DBK,
interest @ fixed under Section 28AB and amount shall be calculated for the
period beginning from date of payment till the date of recovery of such
drawback.
• In respect of any goods, the market price of which is less than the
amount of drawback due thereon
• Where the amount of drawback in respect of any goods is less than fifty
rupees.
• Goods Smuggled back in India
Market price is as prevailing in India and not the price which exporter
expects to receive from foreign customer.
© Prepared and compiled by Prof (Dr) R K Wadhwa, Director, Global Business Consultants, and Ex-Prof IIFT & Former Director, 41
IBM, GLA University, Mathura; 2714 Sector 23, Gurgaon-122017; E-mail: rkwadhwa@gmail.com;
www.globalbizconsultants.com