20 August 2018


Notifications & Circulars

Press Information Bureau

16.08.2018

Civil

BIS Raid Packaged Drinking Water Manufacturing Unit

MANU/PIBU/1275/2018

Bureau of Indian Standards (BIS) conducted an enforcement raid recently on M/s. Hi-Tech Aqua, in Mayapuri Industrial Area, Delhi. The firm was manufacturing Packaged Drinking Water packed in 20L capacity filled jars under brand "Freshier" with spurious licence no. CM/L-8726490. A substantial quantity of empty 20L capacity jars with brand "Parie" with spurious licence no. CM/L-8556592 and brand "Bisleri" with spurious licence no. CM/L-0002500232 were also found in aforesaid premises. . A huge quantity of above mentioned jars were seized. The manufacturing of Packaged Drinking Water without having a valid BIS licence is a cognizable offence under Section 17 (3) of BIS Act, 2016.

Tags : BIS Raid Manufacturing Unit

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Ministry of Commerce and Industry

16.08.2018

Commercial

Status of Norms Fixation of Advance Authorisations obtained under Self declaration basis

MANU/DGFT/0135/2018

Attention of Trade and Industry is invited to new facility introduced by DGFT EDI division which enables exporters who obtained Advance Authorizations under self declaration basis to view status of their applications online.

Method to access this facility:

a) Visit http://dgftcom.nic.in

b) On left hand side there is a menu by name Quick LINKS

c) In QUICK LINKS click CASE STATUS AT NORMS COMMITTEE

d) In the new page that opens, please enter authorization no and other details.

e) Status of authorization in relation to fixation of norms will be displayed.

Please note that the updation of the status is done every 15 days. There may be a little time lag in relation to actual status of the case and status displayed in the site. The status displayed is for information only and for regularization of Authorisation, actual signed minutes uploaded in DGFT website may only be referred.

Tags : Status Norms Fixation Advance Authorisations

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Press Information Bureau

14.08.2018

Civil

Ministry of Railways Signs Record of Discussion for India Japan Cooperation in Rail Safety

MANU/PIBU/1273/2018

Record of Discussion (ROD) for the project on Capacity Development on Rail Safety was signed between Ministry of Railways and Japan International Cooperation Agency today by Shri S. K. Mishra, Principal Executive Director, Railway Board and Mr. Katsuo Matsumoto, Chief Representative, Japan International Cooperation Agency in the presence of officials of Railway Board, Department of Economic Affairs and Japan International Cooperation. The ROD is formalization of the agreement reached between Ministry of Railways, India with Ministry of Land, Infrastructure, Transport and Tourism (MLIT), Japan through an Memorandum of Cooperation (MOC) signed on 17th February, 2017 to work jointly and cooperate on improving railway safety on Indian Railways. The ROD sets out the activities to be undertaken under the programme with a clear focus on maintenance of track (welding, rail inspection, track circuit etc) and rolling stock.

A great deal of meticulous work was put in by both sides to finalize the programme. ToR Missions from Japan comprising representatives of Japan's MLIT, Railway Technical Research Institute, East Japan Railway Company (JR East), West Japan Railway Company (JR West) and Indian Railway Freight (IR Freight) visited India thrice between August and November, 2017 for this purpose. It was agreed that Northern Railway and Dedicated Freight Corridor Corporation of India Limited (DFCCIL) shall be the recipients under the cooperation programme. The Japanese team would work closely with DFCCIL and Northern Railway's safety, civil engineering and rolling stock teams. Thereafter, 60 technical personnel from India would receive first-hand training in Japan. DFCCIL has been included in the safety project so that the company can use the know-how right from the inception of its operation which is targeted in current year and next.

The programme will continue for two years and is expected to yield tangible benefits in the areas of safety management and up gradation of technical skills of Indian Railways front line maintenance staff.

Tags : Record Discussion Cooperation Rail Safety

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Press Information Bureau

14.08.2018

Civil

Australia re-commences its adoption programme with India

MANU/PIBU/1274/2018

The Government of Australia has decided to recommence the Adoption Programme with India, as per Hague Convention on Inter-Country Adoption. The adoptions from India had earlier been put on hold by the Government of Australia eight years ago, on the reported charges of trafficking of children for Inter-country adoption by some of the recognized Indian placement agencies (the Adoption agencies mandated to place children in Inter-country adoption at that point of time).

The regulation of Inter-country adoptions has been made strict by the Government of India with the enactment of Juvenile Justice Act, 2015 and notification of Adoption Regulations, 2017. The Ministry of Women & Child Development along with Central Adoption Resource Authority (CARA) have been constantly engaging with Australian Government for recommencement of the Adoption Programme. The recommencement of the adoption programmes will now enable large number of prospective adoptive parents including those of Indian origin settled in Australia in fulfilling their desire of adopting a child from India.

Tags : Re-commencement Adoption programme Regulation

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Ministry of Commerce and Industry

14.08.2018

Commercial

Acceptance of installation certificate under EPCG Scheme by the RAs, wherein installation certificate is submitted beyond 18 months, without penalty

MANU/DGFT/0134/2018

In exercise of powers conferred under Paragraph 2.04 of FTP (2015-20) read with Paragraph 2.58 of FTP (2015-20), the Director General of Foreign Trade in public interest hereby makes the one time relaxation in procedure in respect of acceptance of installation certificate under the EPCG Scheme.

1. Under the EPCG Scheme, the authorization holders are required to submit the installation certificate showing installation of the capital goods to the RA within the prescribed time period.

2. Sometimes, the submission of installation certificate to the RAs was not within the time prescribed on account of various reasons, including delay in installation of the machinery/delay in issuance of installation certificate etc. The EPCG Committee was receiving requests for condonation of time period of submission of installation certificate to the Regional authorities. Some of such requests for condonation were considered by the EPCG Committee on payment of composition fee of Rs.5,000/-

3. As a facilitative measure, Public Notice No.37/2015-20 dated 25.10.2017 was issued permitting one time relaxation for condonation of time period upto 31.03.2018 condoning the delay in submission of installation certificate on payment of penalty of Rs.5000/- per authorization (provided the installation has happened within the period of 18 months). The benefit of said Public Notice was further extended upto 30.09.2018 vide Public Notice No.01/2015-20 dated 26.04.2018.

4. There have been representations from the Trade for accepting the submission of installation certificate without insisting on penalty, if the installation has happened within the specified time prescribed. The contention in the representations is that as per their understanding, of the para 5.3.1 of HBP (2009-14), there was no time limit for submission of the installation certificate and the time limit was only for the installation of machinery. It has also been pointed out that in the past, some RAs have accepted the installation certificate even at the time of redemption. Therefore, it has been requested not to impose any penalty for these authorizations.

5. The issue has been considered. The submission of installation certificate is an important aspect of monitoring of the EPCG Scheme which cannot be postponed till the completion of the EO period. The intent of the para of the HBP was clearly that the capital goods were to be imported, the installation certificate obtained and presented to the RAs within the time period in the said para. The reading of the relevant custom notification for the EPCG Scheme also makes it clear that the installation certificate was to be produced within the period specified. However, it is contended by some that they could interpret the para under the HBP (2009-14) that the period applies only for installation/obtaining the certificate and they can provide the same to the RAs anytime even at the time of redemption.

6. Taking into account the representations in this regard and to facilitate the ease of doing business for the purpose, it has been decided to permit the RAs to accept the installation certificate without insisting for penalty in respect of authorization issued upto 31.03.2015 as long as the installation has happened within 18 months from the date of import, provided the EPCG authorization is not under any investigation/adjudicated by RA/customs authority/any other investigative agency. This relaxation will be available upto 31.03.2019. There will not be any refund of the penalty already paid under the Public Notice No.37/2015-20 dated 25.10.2017.

7. The other terms and conditions in the Public Notice No.37/2015-20 dated 25.10.2017 and Public Notice No.01/2015-20 dated 26.04.2018 consistent with this Public Notice will continue to be applicable.

Effect of this Public Notice: One time relaxation and condonation of delay in submission of installation certificate to RAs under EPCG Scheme for authorizations issued upto 31.03.2015, without payment of any penalty.

Tags : Acceptance Installation certificate Submission

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Ministry of Finance 

14.08.2018

Customs

Clarification regarding bank guarantee requirement for bond executed by EOUs

MANU/CUCR/0027/2018

1. Various representations have been received regarding difficulties faced by EOUs with respect to requirements of bank guarantees in view of Circular no. 48/2017-Customs dated 08.12.2017 issued by CBIC. The matter has been examined.

2. Clarification issued vide Circular no. 48/2017-Customs dated 08.12.2017 is with respect to Customs (Import of Goods at Concessional Rate of Duty) Rules, 2017 notified vide Notification no. 68/2017-Customs (NT) dated 30.06.2017. Vide the said Circular, various norms have been prescribed with respect to requirement of bank guarantee/cash security/surety for various categories of importers which is required to be furnished for the bond to be executed as per sub-rule (2) of Rule 5 Customs (import of goods at concessional rate of duty) Rules, 2017. No specific reference has been made to EOUs in these norms.

3. The confusion is arising on account of the requirement of EOUs to follow Rule 5 of Customs (Import of Goods at Concessional Rate of Duty) Rules, 2017 to be eligible for claiming exemption of duties/taxes on the import of goods under Notification no. 52/2003 dated 31.03.2003. As the EOUs have already been executing B-17 bond, hence it was clarified vide Circular no. 29/2017-Customs dated 17.07.2017 that the said B-17 bond will serve the requirement of continuity bond as required under Customs (Import of Goods at Concessional Rate of Duty) Rules, 2017 and there is no requirement to submit a separate continuity bond by EOUs. As B-17 bond is serving the purpose of continuity bond for EOUs, hence various circulars issued by the Board extending the facility of exemption from furnishing bank guarantee/surety by EOUs namely Circular no. 54/2004-Customs dated 13.10.2004 and circular no. 36/2011-Customs dated 12.08.2011 will continue to hold good, as these circulars are in line with the Para 6.12 of the Foreign Trade Policy which lays down the conditions for EOUs to be exempted from furnishing of bank guarantee.

4. In view of above, it is reiterated that waiver of bank guarantee/surety to EOUs would continue to be governed by various circular issued from time to time by CBIC with regard to B-17 bonds executed by EOUs and will not be guided by the Circular no. 48/2017-Customs dated 08.12.2017 which governs the general importers and not the EOUs.

5. Difficulties, if any, may be brought to the notice of the Board.

Tags : Clarification Bank guarantee Bond Execution

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Ministry of Finance 

13.08.2018

Customs

Safeguard duty on Solar cells whether or not assembled in modules or panels

MANU/CUST/0070/2018

1. Vide notification No. 1/2018-Customs (SG), dated the 30th July, 2018, safeguard duty has been imposed on Solar cells whether or not assembled in modules or panels falling under sub-heading 8541 or tariff item 8541 40 11 of the Customs Tariff Act, 1975 at specified rates for a period of two years.

2. In this context the undersigned has been directed to state that in compliance to the interim directions issued by the Hon'ble High Court of Orissa in Writ Petition (Civil) No. 12817 of 2018, it has been decided not to insist on payment of safeguard duty, for the time being, in terms of said notification. Accordingly, till further direction from the Board, the said goods, namely, Solar cells whether or not assembled in modules or panels would, in respect of said safeguard duty, be assessed provisionally on furnishing of simple letter of undertaking/bond by the concerned person.

3. If any difficulty is faced, the same should be brought to the notice of the Board.

Tags : Safeguard duty Solar cells Imposition

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