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03(RE-2009)/2009-14, Dated: 27/08/2009

(TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY PART II SECTION 3, SUB SECTION (ii)

GOVERNMENT OF INDIA

MINISTRY OF COMMERCE & INDUSTRY

DEPARTMENT OF COMMERCE

DIRECTORATE GENERAL OF FOREIGN TRADE

NOTIFICATION No. 3/2009-2014

NEW DELHI, THE 27th AUGUST, 2009

S.O.(E) In exercise of the powers conferred by Section 5 read with Section 3(2) of the Foreign Trade (Development & Regulation) Act, 1992 (No.22 of 1992) and also read with Para 1.3 and Para 2.1 of the Foreign Trade Policy, 2009-2014, the Central Government hereby makes following amendments in Table B of Schedule 2 of ITC(HS) Classifications of Export and Import Items:

I. In Chapter 3, Note 1 below the chapter heading may be substituted to read as following:

“Note 1. The term “Marine Products” in this Chapter covers all the eight digit Exim Codes in the Chapter of the ITC (HS) Classification of Export and Import items. All marine species that have been included in the Schedules of the Wild Life (Protection) Act, 1972 are prohibited for export and other species listed in CITES are subject to the provisions of the CITES.”

II. In Chapter 5, Note 1 below the chapter heading may be substituted to read as following:

. “Note 1. Export of wild animals and their parts and products as covered in Wild Life (Protection) Act, 1972 and CITES are prohibited and other species listed in CITES are subject to the provisions of the CITES. See restrictions in Table A for detail.”

III. (a) In Chapter 12, existing entries in the column titled ‘Item Description’, ‘Policy’ and ‘Nature of restriction’ at S. No. 60, are substituted to read as under:

“Item Description	Policy	Nature of restriction
“(a) Plants and plant portions of wild origin, of species specified in any of the Schedules of Wild Life (Protection) Act, 1972 or Appendix I of CITES or Export Licensing Note 1	Prohibited	Not permitted to be exported. Special exemption can be granted for the purpose of research, education and life saving drugs on case by case basis by DGFT, on the recommendation of Ministry of Environment & Forests.
(b) Plants and plants portions of cultivation origin of species specified in any of the Schedules of Wild Life (Protection) Act, 1972 or Appendix I of CITES or Export Licensing Note 1.	Free	Subject to production of a Certificate of Legal Possession in favor of the exporter, issued by the DFO having jurisdiction where the exporter is situated. In case of species listed in Schedule VI of Wild Life (Protection) Act, 1972, subject to the exporter complying with the provision of S.17A of the Act. In case of species listed in Appendix I of CITES subject registration of the nursery and appropriate CITES documentation from the Asst. Management Authority.
(c) Plants, Plant portions of wild or cultivation origin, of species specified Appendix II or III of CITES.	Free	Subject to production of certificate of Legal Possession in favour of the exporter, issued by the DFO having jurisdiction where the exporter is situated. Export subject to CITES
(d) Plants, plant portions of wild or cultivation origin, of species not specified in any of the Schedules of Wild Life (Protection) Act, 1972 or Appendix I, II, III of CITES or Export Licensing Note 1.	Free	Subject to obtaining Certificate of cultivation from District Agriculture Officer or District Horticulture Officer or DFO”

(b) In Chapter 12, existing entry in the column titled ‘Item Description’, ‘Policy’ and ‘Nature of restriction’ at S. No. 61, is substituted to read as under:

“Item Description	Policy	Nature of restriction
Derivatives, extracts and formulations	Free	Subject to the provisions of Wild Life (Protection) Act, 1972 and CITES”

“Export Licensing Note 3

The term “formulation” used here may include products, which may contain portions / extracts of plants on the prohibited list. Further the term “formulation” shall also include value added formulations as well as herbal ayurvedic, and exports subject to the provisions of CITES or Wild Life (Protection) Act, 1972 in case where the formulation contains species listed therein.”

IV. In Chapter 32, Note 1 below the chapter heading may be substituted to read as following:

“Note 1 Value added products of Red Sanders wood in this chapter require a licence and CITES documentation. For details see Chapter 44.”

V. In Chapter 44, existing entries in columns ‘Item Description’ ‘Policy’ and ‘Nature of Restriction’, respectively at S. No. 149, are substituted to read as under:

“Tariff Item HS Code	Item Description	Policy	Nature of Restriction
4414 00 00 4415 00 00 4419 00 00 4420 00 00 4421 90 60 4421 90 90	“Finished Handicraft products of (a) Sandalwood	Free	Subject to provisions of CITES
	(b) Other species	Free	Subject to provisions of CITES”

VI. (a) In Chapter 31, existing entries in columns ‘Item Description’ ‘Policy’ and ‘Nature of Restriction’, respectively at S. No. 130, are substituted to read as under:

“Tariff Item HS Code	Item Description	Policy	Nature of Restriction
310530 00	N.P. Complex Fertilizers given below : Diammonium Phosphate (DAP) (18-46-00)	Restricted	Manufacturers of DAP as listed at Export Licensing Note 1 at List B below shall be allowed, with the prior permission of the Department of Fertilizer, to export their own manufactured DAP subject to the following conditions : (i) Intimation to Department of Fertilizer about quantity of export along with a self-declaration and a certificate issued by statutory auditors that no concession/ subsidy has been claimed for intended export. (ii) Production of above declaration / certificate as at (i) above to Customs at the time of export.”

(b) In Chapter 31, existing entries in columns ‘Item Description’ ‘Policy’ and ‘Nature of Restriction’, respectively at S. No. 132, are substituted to read as under:

“Tariff Item HS Code	Item Description	Policy	Nature of Restriction
310420 00	Straight Potassic Fertilizers given below: Potassium Chloride (Muriate of Potash)	Restricted	Exports permitted, with the prior permission of the Department of Fertilizer, by direct importers of MOP out of quantity of import made during last six months subject to the following conditions :- (i) They will not claim any concession for the quantity intended to be exported ; or (ii) they will return the concession if already claimed from the Government; and 1. Furnish certificate from the statutory auditors to the Department of Fertilisers and Customs that the quantity intended to be exported has been imported in the last six months and no concession / subsidy has been claimed; and 2. Export realisation in free foreign exchange only.”

2. 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. 01/91/171/16/AM10/Export Cell)