Chartered Engineers (India)

This communication directs some of the Chartered Engineers Circulars or notifications as are available on the inter net & presented for the engineers’ information that do not concern & it is advised that Chartered Engineer India has been started being properly valued as an alternative authority

12th June, 2002

Corrigendum to Notification No. 33/2002 - Customs (N.T.)

In the Notification No.33/2002-Customs(N.T.) dated 29th May, 2002, published in in part-II, Section 3, Sub-section ( i ) of the Gazette of India (Extraordinary), vide G.S.R. 392(E), dated the 29th May, 2002, the Central Government hereby makes the following corrections therein, in the following manner:-

  1. At page 26, in Chapter 38, the main heading shall be read as ‘Miscellaneous Chemical Products’ instead of ‘Photographic or Cinematographic Goods’.
  2. In Chapter 57, page 43, the drawback rate in column 3, against Serial/Sub-serial No.57.03, shall be read as ‘11% (eleven per cent only) of the f.o.b. value subject to a maximum of Rs.950.00 (Rs. nine hundred fifty only) per sq. metre’ instead of ‘11% eleven per cent only) of the f.o.b. value subject to a maximum of Rs.900.00 (Rs. nine hundred only) per sq. metre’.
  3. In Chapter 57, page 43, the drawback rate in column 3, against Serial/Sub-serial No.57.04, shall be read as ‘9.5% (nine point five per cent only) of the f.o.b. value subject to a maximum of Rs.200.00 (Rs. two hundred fifty only) per sq. metre’ instead of ‘9.5% (nine point five per cent only) of the f.o.b. value subject to a maximum of Rs.180.00 (Rs. one hundred eighty only) per sq. metre.’
  4. In Chapter 68, page 58, the drawback rate in column 3, against Serial/Sub-serial No.68.01, shall be read as ‘ Rs.635.00 (Rs. six hundred thirty-five only) per M.T.’ instead of ‘ Rs.635.00 (Rs. five hundred thirty-five only) per M.T.’
  1. In Chapter 84, page 77, below Serial/Sub-serial No.84.08, the following Note shall be incorporated:-

‘Note: For the export products, falling under SS Nos.84.03 to 84.08, the exporters are required to give a declaration on the shipping bill that the export products are made of duty paid imported steel only, duly supported by a certificate from the Chartered Engineer to this effect.’

  1. In Chapter 84, page 79, the drawback rate in column 3, against Serial/Sub-serial No.84.26, shall be read as ‘ Rs.1134.00 (Rs. one thousand one hundred thirty-four only) PMT.’ instead of ‘Rs.1008.00 (Rs. one thousand eight only) PMT.’
  2. In Chapter 84, page 79, in column 2, against Serial/Sub-serial No.84.32, the description of goods shall be read as ‘Comber /Combing Machines’ instead of ‘Comber /Coming Machines.’
  3. In Chapter 84, page 80, in column 2, against Serial/Sub-serial No.84.38, the description of goods shall be read as ‘Cylinder Wires, Dofer Wires and Lickerin Wires, manufactured out of duty paid imported steel only’ instead of ‘Cylinder Wires, Dofer Wires and Lickerin Wires, manufactured out of imported steel only.’
  4. In Chapter 84, page 80, in column 2, against Serial/Sub-serial No.84.39, the description of goods shall be read as ‘Ring Travellers’ instead of ‘Carding Machine.’
  5. In Chapter 84, page 80, in column 2, against Serial/Sub-serial No.84.40, the description of goods shall be read as ‘Carding Machine’ instead of ‘Yarn clearing installations.’
  6. In Chapter 84, page 80, below Serial/Sub-serial No.84.47, the following Note shall be incorporated:-

‘Note: For the export products, falling under SS Nos.84.45 to 84.47, the exporters are required to give a declaration on the shipping bill that the export products are made of duty paid imported steel only, duly supported by a certificate from the Chartered Engineer to this effect.’

  1. In Chapter 85, page 88, in column 2, against Serial/Sub-serial No.85.53, the description of goods shall be read as ‘14" Colour Picture Tube without deflection yoke’ instead of ‘14" Colour Picture Tube with deflection yoke.’
  2. In Chapter 85, page 88, in column 2, against Serial/Sub-serial No.85.54, the description of goods shall be read as ‘14" Colour Picture Tube with deflection yoke’ instead of ‘14" Colour Picture Tube without deflection yoke.’
  3. In Chapter 85, page 93, the drawback rate in column 3, against Serial/Sub-serial No.85.101, shall be read as ‘ Rs.19.00 (Rs. nineteen only ) per hundred pieces’ instead of ‘ Rs.16.00 (Rs. sixteen only ) per hundred pieces.’
  1. In Chapter 87, pages 99 & 100, in column 2, against Serial/Sub-serial No.87.10, the description of goods shall be read as ‘Components, spare parts and accessories of Motor Vehicles- Clutch cover Zinc Plated Plates made of duty paid imported CRCA Sheet’ instead of ‘Components, spare parts and accessories of Motor Vehicles- Clutch cover Zinc Plated Plates made of imported CRCA Sheet.’
  2. In Chapter 87, page 104, Note below Serial/Sub-serial No.87.42, shall be read as ‘For serial/ sub-serial numbers 87.05 to 87.37, wherever the word ‘duty paid imported steel’ has been used, the exporters will have to declare that the relevant export goods have been manuactured out of duty paid imported steel and shall produce a Chartered Engineer’s certificate to this effect’ instead of ‘for serial/sub-serial numbers 87.13 to 87.46.’
  3. In Chapter 87, page 109, the drawback rate in column 3, against Serial/Subserial No.87.102, shall be read as ‘ Re.0.80 ( Paise eighty only ) per piece’ instead of ‘Re.0.80 ( Paise eight only ) per piece.’

Sd. Alok Jha Under Secretary to the Government of IndiaCircular No. 4/97-Cus. dated 19/2/97

F.No. 605/381/96-DBK

Government of India Ministry of Finance Department of Revenue, New Delhi

Subject:Acceptance of Chartered Engineer's Certificate as proof of installation of capital goods for the premises for the same were imported.

Kind attention is drawn to condition (6) of Notification No. 110/95-Cus. dated 5.6.95 which provides for installation of capital goods imported under EPCG Scheme and for a certificate being obtained from Jurisdictional Asstt. Commissioner of Central Excise, to be produced within 6 months from the date of completion of imports or within the extended period as allowed by the Asst. Commissioner of Customs certifying that the capital goods imported have been installed in the importer's factory / premises. The hotel industry represented to the Ministry that as they are not under Central Excise control, and their hotels are spread all over India, it is difficult to obtain the said Certificate from the Central Excise field formations prescribed under condition (6) of Notification No.110/95-Cus.

2.The matter has been considered by the Ministry and it has been decided that the Chartered Engineer's Certificate in place of a Certificate from the Asstt. Commissioner of. Central Excise may be accepted as a proof of having installed the capital goods in the importer's premises for which the EPCG licence was taken. The said facility may be extended to all the service providers including hotel industry subject to the importer also furnishing a certificate from the Licencing Authority in token of having fulfilled export obligation. However in cases where the importer is a manufacturer exporter, the Custom Houses must still insist on a certificate from the Asstt. Commissioner of Central Excise or/and from supporting manufacturer declared by the merchant exporter while applying for 15% EPCG licence.

3.3. A Public Notice for trade and Standing Order for the departmental officers may be issued, and a copy of the same be sent to the Directorate of Drawback and DGI AC & CE. Sd/- (Sunil Kumar) Director (Drawback)

Circular No. 69/98 - Customs

dated 8/9/1998

F.No. 605/55/98- DBK Government of India Ministry of Finance

Department of Revenue, New Delhi

Subject :Import of Irrigation equipment for use in contract farming under EPCG Scheme and for export of Agro Products-regarding

A copy of Notification No. 13(RE : 98) 1997-2002 dated 14.8.1998 regarding the above subject issued by the D.G.F.T. is enclosed. This Notification is issued with a view to enabling the importation and use of irrigation equipments under EPCG for export of agro-products. It may also be imported by EPCG Licence holder and installed in the premises of a contract manufacturers, of a supporting farmer's premises, where the equipment will be located and put to use.

2. In this regard attention is also invited to Notification No. 42/ 98-Customs dated 30.6.1998. This notification has amended the four existing EPCG Notification No. 110/ 97-Cus. and 111/95 - Cus. both dated 5.6.1995 and 28/ 97-Cus. and 29/97-Cus. both dated 1.4.1997 so as to inter alia provide that in case of import of capital goods under EPCG Scheme, a certificate from the Chartered Engineer confirming installation and use of such capital goods in importers premises is furnished to the Assistant Commissioner of Customs. In cases where the importer wants to put the imported irrigation equipment in to use at other premises for contract farming in terms of DGFT's Notification No. 13 (RE: 98) 1997-2002, the importer shall submit :-

(i) a list containing the full name and address of the person (s) / premise (s), to the Assistant Commissioner of Customswhere the equipments will be installed and used;

(ii) furnish a certificate from the Chartered Engineer to the effect that the irrigation equipment has been installed for use in declared premises for manufacture and export of agro products and will not be moved to any premises other than those mentioned in the list and certified by the Chartered Engineer;

(iii) the above facility will be available provided that the ownership of the imported irrigation equipment rests with the EPCG Licence holder who will undertake in the Bond / LUT not to transfer or sale the equipment till the Export Obligation is fulfilled.

3. Customs Houses may issue suitable standing orders for the guidance of the staff.

Sd/-

(Sunil Kumar) Director (Drawback)

Encloser

(Issued from F.No. 1/62/98- 99 / PC. II)

Government of India Ministry of Commerce, New Delhi

Notification No. 13(RE: 98) 1997-2002 dated the 14th August, 1998

In exercise of powers conferred by Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 (No. 22 ot 1992) read with Paragraph 1.3 of the Export and Import Policy, 1997-2002 (incorporating amendments made up to 13.4.1998), the Central Government hereby makes the following amendments in the Export and Import Policy, 1997-2002, (incorporating amendments made up to 13.4.1998).

Paragraph 6.3 (a) may be amended to read as follows :

"Under the Scheme, manufacturer exporters, merchant exporters tied to supporting manufacturer (s) and service providers are eligible to import capital goods. For agricultural exports, import of irrigation equipments may be allowed provided ownership of these equipments rest with the EPCG licence holder, such equipments are not sold or leased and list of places where the equipments are to be located in made available to the jurisdictional Asst.

2. This issues in Public interest.

Sd/-

(N.L. Lakhanpal) Director General of Foreign Trade and Ex - Officio Additional Secretary to the Government of India

Circular No. 69/98 - Customs

dated 8/9/1998

F.No. 605/55/98- DBK

Government of India Ministry of Finance Department of Revenue, New Delhi

Subject :Import of Irrigation equipment for use in contract farming under EPCG Scheme and for export of Agro Products-regarding

A copy of Notification No. 13(RE : 98) 1997-2002 dated 14.8.1998 regarding the above subject issued by the D.G.F.T. is enclosed. This Notification is issued with a view to enabling the importation and use of irrigation equipments under EPCG for export of agro-products. It may also be imported by EPCG Licence holder and installed in the premises of a contract manufacturers, of a supporting farmer's premises, where the equipment will be located and put to use.

2. In this regard attention is also invited to Notification No. 42/ 98-Customs dated 30.6.1998. This notification has amended the four existing EPCG Notification No. 110/ 97-Cus. and 111/95 - Cus. both dated 5.6.1995 and 28/ 97-Cus. and 29/97-Cus. both dated 1.4.1997 so as to inter alia provide that in case of import of capital goods under EPCG Scheme, a certificate from the Chartered Engineer confirming installation and use of such capital goods in importers premises is furnished to the Assistant Commissioner of Customs. In cases where the importer wants to put the imported irrigation equipment in to use at other premises for contract farming in terms of DGFT's Notification No. 13 (RE: 98) 1997-2002, the importer shall submit :-

(i) a list containing the full name and address of the person (s) / premise (s), to the Assistant Commissioner of Customswhere the equipments will be installed and used;

(ii) furnish a certificate from the Chartered Engineer to the effect that the irrigation equipment has been installed for use in declared premises for manufacture and export of agro products and will not be moved to any premises other than those mentioned in the list and certified by the Chartered Engineer;

(iii) the above facility will be available provided that the ownership of the imported irrigation equipment rests with the EPCG Licence holder who will undertake in the Bond / LUT not to transfer or sale the equipment till the Export Obligation is fulfilled.

3. Customs Houses may issue suitable standing orders for the guidance of the staff.

Sd/-

(Sunil Kumar) Director (Drawback)

Encloser

(Issued from F.No. 1/62/98- 99 / PC. II)

Government of India Ministry of Commerce, New Delhi

Notification No. 13(RE: 98) 1997-2002 dated the 14th August, 1998

In exercise of powers conferred by Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 (No. 22 ot 1992) read with Paragraph 1.3 of the Export and Import Policy, 1997-2002 (incorporating amendments made up to 13.4.1998), the Central Government hereby makes the following amendments in the Export and Import Policy, 1997-2002, (incorporating amendments made up to 13.4.1998).

Paragraph 6.3 (a) may be amended to read as follows :

"Under the Scheme, manufacturer exporters, merchant exporters tied to supporting manufacturer (s) and service providers are eligible to import capital goods. For agricultural exports, import of irrigation equipments may be allowed provided ownership of these equipments rest with the EPCG licence holder, such equipments are not sold or leased and list of places where the equipments are to be located in made available to the jurisdictional Asst.

2. This issues in Public interest.

Sd/-

(N.L. Lakhanpal) Director General of Foreign Trade and Ex - Officio Additional

Secretary to the Government of India

This is the html version of the file

Page 1

APPENDIX - 10

FORM OF APPLICATION FOR FIXATION/MODIFICATION OF STANDARD INPUT/ OUTPUT NORMS

1.

Please see Paragraph 4.9 and 4.10 of this Handbook. 2. Please read the general instructions given at Appendix-1 before filling this application. 3. Please submit 5 copies of this application form. FOR OFFICIAL USE

File No.:...... Date :......

PART 1 TO APPENDIX 10

(Application for fixation of Standard input-output Norms) 1. Name and address of the applicant : 2.

IEC Number 3. Resultant product Export Product Group

4. Details of Items required for manufacture of one Unit of Export Product: (a) Imported inputs:

Required import item Recoverable wastage/by product S. No. Description Technical Character-istics ITC(HS) Code Quantity required per unit of resultant product Purpose of requirement * Wastage claimed (%age) on net

content basis Name Quantity value * Purpose of requirement should be indicated against each item whether the same is required as raw material/components/solvents/catalysts/packing material etc.

Page 2

(b) Indigenous inputs Required import item Recoverable wastage/ by product S. No. Description Technical Character-istics ITC(HS) Code Quantity required per unit of resultant product Purpose of requirement * Wastage claimed (%age) on net content basis Name Quant-ity value 5. Production and consumption data of themanufacturer/supporting manufacturer (of preceding three licensing years duly certified by the Chartered Accountant/Cost and Works Accountant): Year Total production of the resultant product Quantity of different Items consumed Quantity consumed/unit production (1) (2) (3) (4) 6. Details of earlier licences obtained (if any) for the resultant product during the preceding two licensing years. S.No. Licence no. date and issuing authority

Whether based on ALC/SALC norms (please specify enclosing a copy of licence Norms adopted per unit resultant product (items No.in the same order as in S.No.4 above (1) (2) (3) (4) 7. Please furnish technical details as per Annexure-I depending upon the resultant product. Please confirm the same [ ]

Page 3

(TO BE FILLED IN BY THE CHARTERED ENGINEER)

8

I have examined the applicant company's import requirements of raw materials etc. with regard to their technical description/ specification and the quantity against each item of import and having due regard to proper technical norms of consumption and after technical scrutiny of relevant designs and drawings I hereby certify that they are correct in all respects and are actually required for the execution of the export item for which the application is made.

Signature of CharteredEngineer ...... Name in Block Letters ...... Designation

Address ...... Tel.No...... Name and Address of the ......

Ref. No. and Date of Corporate Membership ...... DECLARATION/UNDERTAKING

correct to the best of my/our knowledge and belief and nothing has been concealed or held therefrom.

2. I/We fully understand that any information furnished in the application if proved incorrect or false will

render me/us liable for any penal action or other consequences as may be prescribed in law or

otherwise warranted.

3. I/We undertake to abide by the provisions of the Foreign Trade (Development and Regulation) Act,

1992, the Rules and Orders framed thereunder, the Export and Import Policy and the Handbook of

Procedures.

4. I hereby certify that I am authorised to verify and sign this declaration as per Paragraph 9.9 of the

Policy.

(SIGNATURE OF APPLICANT) Name in Block Letters :...... Designation :...... Official address

Place : ...... Date : Residential address :...... E-Mail address: ......

Page 4

PART 2 APPENDIX - 10

......

(Application for Amendment/Modification of Norms) ......

1. Name and address of the applicant : ......

2. For amendment of export/import items : Export item Import item (a) Specify the product group & Sl.No.in which amendment is required (b) Amendments required for item of import/export Product group Sl.No. Resultant product Items allowed Items ought for inclusion/ deletion Discrepancy in export/ import item description Qty. sought for import per unit of export (for new item) [1] [2] [3] [4] [5] (c) For amendment of Quantities permitted Resultant product Import item(s) for which quantity sought to be revised Quantity allowed

Qty. required [1] [2] [3] [4] 3. Specific justification for amendment sought including the details referred to against S.No.4,5 and 7 of Part-I of : ...... Page 5
Page 6

DECLARATION/UNDERTAKING

......

1) I/We hereby declare that the particulars and the statements made in this application are true and correct

to the best of my /our knowledge and belief and nothing has been concealed or held therefrom.

2) I/We fully understand that any information furnished in the application if proved incorrect or false will

render me/us liable for any penal action or other consequences as may be prescribed in law or otherwise