Import Licencing Notes 25

SALT; SULPHUR; EARTHS AND STONE; PLASTERING MATERIALS, LIME AND CEMENT

(1) Import is restricted in terms of Interim PIC Procedure of Rotterdam Convention on Prior Informed Consent procedure for hazardous chemicals and pesticides.

(2) Import of rough marble blocks will be subject to conditions laid down in Notification No. 64 dated 4th August, 2011.

Conditions for import of marble.

(A) The following Policy provisions will be applicable for import of Rough Marble Blocks for the financial year 2011-12. This will supersede earlier Policy /Guidelines for issue of import licenses of Rough Marble Blocks.

(B) Attention is invited to EXIM Code Nos. 25151100 and 25151210 indicated in Schedule-1 (Imports) of ITC (HS) Classifications of Export and Import Items. As per the provisions contained therein, import of Marble and Travertine - Crude or Roughly trimmed and merely cut, by sawing or otherwise, into blocks of a rectangular (including square) shape is restricted and subject to import licensing procedures.

(C) The applications for import license for import of rough marble blocks under the above mentioned EXIM Codes will be considered in the following manner: -

I. Eligibility of the units will be decided based on the following three criteria:

(a) Units who have installed marble gangsaw machine (except 100% EOUs and units in SEZ) on or prior to 31.3.2011. The marble gangsaw machine shall be in the name of the applicant only. No gangsaw on "Lease Basis" shall be considered for the purpose of allocation of import entitlement.

(b) The Units should have been in operation for 5 years on or prior to 31.3.2011.

(c) All eligible units as per (a) above should have cumulative turnover of atleast Rupees Five crores ( Rs 5 Crores) during the 5 years period 2005-06 to 2009-10 irrespective of whether it is from domestic or foreign sources in respect of processed marble slabs/tiles only.

II.Floor Price-

Licenses for import of crude or roughly trimmed marble blocks or merely cut, by sawing or otherwise into blocks of a rectangular (including square) shape shall be subject to a floor price of US$ 325 per Metric Tonne (MT), which shall be endorsed on all licenses.

III. Entitlement:

The total import of Rough Marble Blocks under EXIM Code Nos. 25151100 and 25151210 will be subject to a ceiling of 5 lakh MT for the whole of the licensing year, 2011-12. Eligible units will be entitled for an import license on the basis of cumulative turnover ( indigenous or foreign) of atleast Rupees 5 crores of processed marble slabs/tiles only, over the previous five financial years 2005-06 to 2009-10. The quantity so calculated will however be subject to the overall ceiling of 3000 MT for the first gang saw and 1500 MT for every subsequent gang saw.

IV. Actual User Condition:

All licenses shall be subject to actual user condition. Modalities for submitting hard copies of the applications is attached as Annexure 1 to this notification.

V. Monthly Return

License holders shall file monthly returns regarding imports made by them, to the concerned Regional Authority of DGFT.

(Note: The eligible applicants shall send an e-mail at marbleimport2011-dgft@nic.in in the format given as Annexure 2 to NTF. No. 64/2010, DT. 04/08/2011 indicating their intent to import on the basis of which initial allocation will be made.

Effect of this notification:

Import policy of rough marble blocks for the year 2011-12 has increased the import quota from 3 lakh MT to 5 lakh MT with an MIP of US$ 325 per MT.)

(Above Note no. (2) has been amended vide NTF. NO. 64/2011, DT. 04/08/2011)

[OLD-
(2) (A) A number of representations have been received from the various Associations of marble manufacturers/processors for review of the regime governing import of marble. The matter has been considered carefully by the Government. The following Policy provisions will henceforth be applicable for import of Rough Marble Blocks for the financial year 2010-11. This Policy will supersede earlier Policy /Guidelines for issue of import licences of Rough Marble Blocks.

(B) Attention is invited to EXIM Code Nos. 25151100 and 25151210 indicated in Schedule-1 (Imports) of ITC (HS) Classifications of Export and Import Items. As per the provisions contained therein, import of Marble and Travertine - Crude or Roughly trimmed and merely cut, by sawing or otherwise, into blocks of a rectangular (including square) shape is restricted and subject to import licensing procedures.

(C) The applications for import licence for import of rough marble blocks under the above mentioned EXIM Codes will be considered in the following manner: -

I. Eligibility of the units will be decided based on the following two criteria:

(a) Units who have installed marble gangsaw machine (except 100% EOUs and units in SEZ) on or prior to 23.10.2009. The marble gangsaw machine shall be in the name of the applicant only. No gangsaw on “Lease Basis” shall be considered for the purpose of allocation of import entitlement.

The Units should have been in operation for 5 years prior to 1st April of the current licensing year, 2009-10.

(b) All eligible units as per (a) above should have indigenous sales turnover of processed marble slabs/tiles only, of Rs. 1.00 Crore (Rupees one Crore only) and above in each of the previous five financial years (i.e. for the financial years 2004-05 to 2008-09).

II. Floor Price-

It is further clarified that these licences for import of crude or roughly trimmed marble blocks or Merely cut, by sawing or otherwise into blocks of a rectangular (including square) shape shall be subject to a floor price of US$ 275 per Metric Tonne (MT), which shall be endorsed on all licences.

III. Entitlement:

The total import of Rough Marble Blocks under EXIM Code Nos. 25151100 and 25151210 will be subject to a ceiling of 3 lakh MT for the whole of the licensing year, 2010-11. Eligible unit will be entitled for an import licence on the basis of average indigenous sales turnover of processed marble slabs/tiles only, in the previous five financial years. The quantity so calculated will however be subject to the following overall ceiling: -

(a) Unit having one marble gang saw machine will be entitled for a maximum licence of 3,000 MT of rough marble blocks;

(b) Units having more than one marble gang saw machine will be entitled for a maximum licence of 3000 MT of rough marble blocks for the first gang saw machine, and 1500 MT of rough marble blocks for each of the additional marble gang saw machines.

IV. All licences shall be subject to actual user condition.

V. In this regard, Licence holders shall file monthly returns regarding imports made by them, to the concerned Regional Authority of DGFT.

VI. The eligible applicants may file an application (after the applications are so invited for the said licensing year) in the form given in ‘Aayaat Niryaat Form’ together with all relevant documents, to the concerned Regional Authority of DGFT. The eligibility of the applicants with respect to para 2(C)I above shall be decided principally based on verification/certificate from the concerned State Government. RA concerned would forward the applications of eligible applicants to DGFT, HQ for further consideration. For verification of the eligibility and entitlement, the RA shall be guided by Policy Circular No.20 (RE-08)/2004-09 dated 16.7.2008, Policy Circular No.25 (RE-08)/2004-09 dated 8.8.2008 and Policy Circular No. 12/2009-14 dated 23.10.2009 regarding the required documents, with appropriate timelines.]

(Above Note 2 has been amended vide vide NTF. NO. 36/2009, DT. 31.03.2010)

[OLD-
(2)(A) A number of representations have been received from the various associations of marble manufacturers/ processors for review of the regime governing import of marble. The matter has been considered carefully by the Government. The following Policy provisions will henceforth be applicable for import of rough marble blocks/ slabs w.e.f. 1st October, 2009. This Policy will supercede earlier Policy/Guidelines for issue of import licences of rough marble blocks/slabs.

(B) Attention is invited to EXIM Code Nos. 25151100, 25151210, 25151220, 25151290 indicated in Schedule-1 (imports) of ITC (HS) Classifications of Export and Import Items. As per the provisions contained therein, import of Marble and Travertine - Crude or Roughly trimmed, Merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape & other Calcareous Stone is restricted and subject to import licensing procedures.

(C) The applications for import licence under the above-mentioned Exim Codes will be considered in the following manner:-

I. Eligibility of the units will be decided based on the following two criteria:

(a) Units who have installed marble gang saw machine (except 100% EOUs and units in SEZ). However, the marble gang saw machine shall be in the name of the applicant only. No gang saw on Lease Basis shall be considered for the purpose of allocation of import entitlement.

The Units should have been in operation for 5 years prior to 1st April of the current licensing year.

(Above 2.(C)I(a) has been substituted vide NTF. NO. 16/2009, DT. 23/10/2009)

[OLD-
(a).Units who have installed marble gang saw machine (except 100% EOU units and units in SEZ).

The units should have been in operation for 5 years prior to 1st April of the current licensing year.]

(b).All eligible units as per (a) above should have indigenous sales turnover of processed marble slabs/tiles only, of Rs. 1.00 Crore (Rupees one Crore only) and above in each of the previous five financial years.

II.Floor Price-

It is further clarified that these licences shall be subject to the following floor price, which shall be endorsed on all licences.

i) For crude or roughly trimmed marble	US$ 275 per Metric Tonne (MT);
ii) For rough marble blocks	US$ 275 per Metric Tonne (MT); and
iii) For rough Slabs-	US$ 450 per Metric Tonne (MT)

III. Entitlement:

The total import of rough marble blocks under Exim Code Nos. 25151100, 25151210, 25151220, will be subject to a ceiling of 3 lakh MT for the whole of the licensing year. Eligible unit will be entitled for an import licence pro rata on the basis of average indigenous sales turnover of processed marble slabs/tiles only, in the previous five financial years. The quantity so calculated will however be subject to the following overall ceiling:-

(a) Unit having one marble gang saw machine will be entitled for a maximum licence of 3,000 MT of marble blocks/slabs.

(b) Units having more than one marble gang saw machine will be entitled for a maximum licence of 3000 MT of marble blocks/ slabs for the first gang saw machine, and 1500 MT of marble blocks/slabs for each of the additional marble gang saw machines.

IV. All licences shall be subject to actual user condition.

V. In this regard Licence holders shall file monthly returns regarding imports made by them to the concerned Regional Licensing Authority.

VI. The eligible applicants may file an application (after the applications are so invited for the said licensing year) in the form given in "Aayaat Niryaat Form" together with all relevant documents, to the concerned Regional Authority of DGFT. The eligibility of the applicants will respect to para 2(I) above shall be decided based on verification/certificate from the concerned State Government. RA concerned would forward the applications of eligible applicants to DGFT, HQ for further consideration. For verification of the eligibility and entitlement the RA shall be guided by Policy Circular No.20(RE-08)/2004-09 dated 16.7.2008 and Policy Circular No.25(RE-08)/2004-09 dated 8.8.2008, regarding the required documents, with appropriate timelines. ]

(Above note 2 has been substituted vide NTF. NO. 15/2009, DT. 15/10/2009)

[OLD-
(2) Import of marble will be subject to the conditions laid down in Policy Circular No.12 (RE-08)/2004-2009 date 27.06.2008, Policy Circular No.13 (RE-2008)/2004-09 dated 30.6.2008, Policy Circular No.20 (RE-2008)/2004-09 dated 16.07.2008, Policy Circular No.25 (RE-2008)/2004-09 dated 08.08.2008, Policy Circular No. 28 (RE-2008)/2004-09 dated 20.08.2008, Policy Circular No. 65 (RE-2008)/2004-09 dated 26.02.2009, Policy Circular No. 67 (RE-2008)/2004-09 dated 2.03.2009, Policy Circular No. 101 (RE-08/2004-2009) dated 13.8.2009 and Policy Circular No. 08 /2009-2014 dated 29.9.2009.]

(Above note 2 has been substituted vide NTF. NO. 12/2009, DT. 29/09/2009)

[OLD-
(2) Import of marble will be subject to the conditions laid down in Policy Circular No.12 (RE-08)/2004-2009 date 27.06.2008, Policy Circular No.13 (RE-2008)/2004-09 dated 30.6.2008, Policy Circular No.20(RE-2008)/2004-09 dated 16.07.2008, Policy Circular No.25 (RE-2008)/2004-09 dated 08.08.2008, Policy Circular No. 28 (RE-2008)/2004-09 dated 20.08.2008, Policy Circular No. 65 (RE-2008)/2004-09 dated 26.02.09 and Policy Circular No. 67 (RE-2008)/2004-09 dated 2.03.09]

(3) Import of dolomite and limestone of a size higher than one cubic feet, classified under any Exim Code of this Chapter shall be restricted.

(4) Import of Marble, classified under Chapter 25 and 68, from Bhutan shall be subject to a combined annual quota of 10 lakh sq ft( 5882 MT). The quota shall come into effect immediately and shall operate on a financial year basis. Monitoring and allocation of the quota shall be made by the Government of Bhutan.

(Above Note no. (4) has been amended vide NTF. NO.69/2010, DT. 01.09.2011)

[OLD-
(4) Import of Marble, classified under Chapter 25 and 68, from Bhutan shall be subject to a combined annual quota of 3,14,000 sq ft. The quota shall come into effect from the date of issue of this Notification and operate on financial year basis. Since the total import of marble from Bhutan during this financial year has already exceeded more than 6 lakh sq. ft., therefore, no import of marble shall be allowed during this financial year i.e. upto 31st March, 2009. Monitoring and allocation of the quota shall be made by the Government of Bhutan. [Notification No. 93 dated 2.3.2009]]

(5) Import of items under Exim Codes 25151100, 25151210, 25151220, 25151290, 68021000, 68022110, 68022120, 68022190, 68022200, 68029100, 68029200 from Sri Lanka under the India-Sri Lanka Free Trade Agreement (ISFTA) is allowed only through the Port of Kolkata.

In addition to the condition mentioned above, import of these items shall also be subject to all the conditions applicable on imports under ISFTA.