NOTIFICATION NO. 36/2009, DT. 31/03/2010

Policy for issue of import licences of Rough Marble Blocks for the Financial year 2010-11.
S.O. (E) In exercise of powers conferred under section 5 of the Foreign Trade (Development and Regulation) Act, 1992 read with paragraph 2.1 of the Foreign Trade Policy, 2009-14, the Central Government hereby makes the following amendments in Schedule-I (Imports) to the ITC (HS) Classifications of Export and Import Items:

2. Import Licensing Note No. (2) inserted at the end of Chapter 25, will be amended to read as follows:

(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.

3. This issues in public interest.

Sd/-
(R.S.Gujral)
Director General of Foreign Trade and
Ex-officio Special Secretary to the Government of India

(Issued from File No. 01/89/180/Misc-06/AM 08/ PC-I A)

Presented by eximkey.com