NOTIFICATION NO. 93/2007, DT. 01/04/2008

Amendments in the Chapter 10 - Table B Schedule 2 (1006 - Rice)

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, 2004-2009, the Central Government hereby makes, with immediate effect, the following amendments to Notification No.38 (RE-2007)/2004-2009, dated 15.10.2007 as amended from time to time:

2. Consequently, the entries would be as under with immediate effect :

Sl. No.	Tariff Item HS Code	Unit	Item Description	Export Policy	Nature of Restriction
45A	100610 10061010 10061090 10062000 100630 10063010 10063090 10064000	Kg.	Non Basmati Rice	Prohibited	Not permitted to be exported.
45AA	10063020	Kg.	Basmati Rice including (Dehusked (Brown), semi-milled, milled both in either par-boiled or raw condition).	Free	1. Exports to Russian Federation permitted subject to pre-shipment quality certification issued by Sri Ram Institute for Industrial Research or any other agency as may be notified from time to time. 2. Export permitted only if the minimum FOB price is US$ 1200 per ton or Rs.48,000/- per ton. 3. Export of Basmati Rice will be restricted through the following six ports only : (i) Kandla (ii) Kakinada (iii) Kolkata (iv) JNPT, Mumbai (as approved vide Notification No.82 dated 5.3.08. (v) Mundra, and (vi) Pipavav (as approved vide Notification No.84 dated 17.3.08).

2.1 Ban on non-basmati rice will not be applicable to exports as under :

2.1.1 Under Food Aid Programme (as approved vide Notification No.38 dated 15.10.2007).

2.1.2 To Republic of Mauritius through STC :

(a) 1000 MTs through STC (as approved vide Notification No.58 dated 26.11.2007).

(b) 9000 MTs through MMTC (as approved vide Notification No.73 dated 24.1.2008).

2.1.3 To Peoples Republic of Bangladesh :

(a) 50,000 MTs by LMJ International Ltd., 30 J.L. Nehru Road, Kolkata as per tender opened on 8.10.2007 (as approved vide Notification No.60 dated 6.12.2007).

(b) 1,010 MTs by Government of West Bengal as relief material (as approved vide Notification No.78 dated 18.2.2008).

(c) 50,000 MTs by WBECSC to be procured exclusively from the State of West Bengal (as approved vide Notification No.80 dated 18.2.08).

(d) 50,000 MTs by WBECSC and 1,00,000 MTs each by STC, MMTC, PEC and NAFED (as approved vide Notification No.81 dated 29.2.2008).

2.1.4 50,000 MTs to Madagascar through STC (as approved vide Notification No.73 dated 24.1.2008).

2.1.5 25,000 MTs to Comoros through MMTC (as approved vide Notification No.73 dated 24.1.2008).

2.1.6 40,000 MTs to Republic of Sierra Leone through PEC (as approved vide Notification No.88 dated 26.3.2008).

2.1.7 Ban on export of non-basmati rice shall not be applicable to export of rice to the following countries:-

Name of the country	Quantity
(i) Nigeria	15,000 MTs
(ii) Senegal	15,000 MTs
(iii) Ghana	15,000 MTs
(iv) Cameron	10,000 MTs

The above export shall be subject to the following conditions:-

i) The above quantity shall be exported through State Trading Corporation (STC) of India, till 30th July, 2009;

(Above (i) has been substituted vide NTF. NO. 105/2008, DT. 08/05/2009)

[OLD-
i) The above quantity shall be exported through State Trading Corporation (STC) of India till 30th April, 2009; ]

ii) STC shall procure rice from such rice mills who have surplus rice/paddy in their stock;

iii) The rice to be exported shall be with a minimum of 25% of brokens;

iv) STC shall ensure that their entry into market for this export does not affect the overall price situation of rice; and

v) STC shall source the rice to be exported from more than one State and in four different tranches.

(Above para 2.1.7 has been substituted vide NTF. NO. 80/2008, DT. 16/01/2009)

[OLD-
2.1.7 Ban on export of non-basmati rice shall not be applicable to export of rice to the following countries:-

Name of the country	Quantity
(i) Nigeria	15,000 MTs
(ii) Senegal	15,000 MTs
(iii) Ghana	15,000 MTs
(iv) Cameron	10,000 MTs

The above export shall be subject to the following conditions:-

i) The above quantity shall be exported through State Trading Corporation (STC) of India till 15th January, 2009;

ii) STC shall procure rice from such rice mills who have surplus rice/paddy in their stock;

iii) The rice to be exported shall be with a minimum of 25% of brokens;

iv) STC shall ensure that their entry into market for this export does not affect the overall price situation of rice; and

v) STC shall source the rice to be exported from more than one State and in four different tranches.]

(Above para 2.1.7 has been added vide NTF. NO. 53/2008, DT. 04/11/2008)

[OLD-
2.1.7 Ban on export of non-basmati rice shall not be applicable to export of rice to the following countries:-

Name of the country	Quantity
(i) Nigeria	15,000 MT
(ii) Senegal	15,000 MT
(iii) Ghana	15,000 MT
(iv) Cameron	10,000 MT

The above export shall be subject to the following conditions:-

i) The above quantity shall be exported through State Trading Corporation (STC) of India during September/October, 2008;

ii) STC shall procure rice from such rice mills who have surplus rice/ paddy in their stock;

iii) The rice to be exported shall be with a minimum of 25% of brokens;

iv) STC shall ensure that their entry into market for this export does not affect the overall price situation of rice; and

v) STC shall source the rice to be exported from more than one State and in four different tranches. ]

(Above para 2.1.7 has been added vide NTF. NO. 48/2008, DT. 13/10/2008)

2.1.8 Ban on export of non-basmati rice shall not be applicable to export of 10,000 to 15,000 MTs of non-basmati rice to Nepal, subject to the following conditions:-

i) The above quantity shall be exported through State Trading Corporation (STC);

ii) STC shall procure the above quantity of rice from such rice Mills who have surplus rice/paddy in their stocks;

iii) The rice to be exported shall be with a minimum of 25% of brokens;

iv) STC shall ensure that their entry into market for this export does not affect the overall price situation of rice;

v) STC shall source the rice to be exported from more than one State to avoid any disturbance in the market.

(Above para 2.1.8 has been added vide NTF. NO. 69/2008, DT. 05/12/2008)

2.1.9 Ban on export of non-basmati rice shall not be applicable to export of rice to the following countries:-

S. No.	Country	Quantity in MTs.	Name of PSU through which export to be made
1.	Burkina Faso	24,200	MMTC
2.	Cameroon	21,700
3.	Cote D’Ivoire	1,44,900
4.	Egypt	48,300
5.	The Gambia	36,250
6.	Mali	24,200
7.	Somalia	24,200
8.	Tunisia	5,550
9.	Zanzibar	12,100
10.	Benin	24,200	STC STC
11.	Ghana	68,800
12.	Guinea Bissau	24,200
13.	Liberia	96,600
14.	Mozambique	24,200
15.	Togo	72,400
16.	Zambia	24,200
17.	South Africa	25,000	PEC
[DELETED-17.	Nigeria	1,17,100 ]	PEC
18.	Senegal	1,41,300
19.	Mauritius	15,000
20.	Sierra Leone	38,500
21.	Djibouti	12,100
	Total	10,00,000

(In above Table S.NO. 17. has been substituted vide NTF. NO. 114/2008, DT. 18/06/2009)

The above export shall be subject to the following conditions:-

i) The above quantity shall be exported by PSUs during KMS 2008-09;

ii) Above PSUs shall procure rice from such rice mills which have surplus rice/ paddy in their stock;

iii) The rice to be exported shall be with a minimum of 25% of brokens;

iv) The PSUs shall ensure that their entry into market for this export does not affect the overall price situation of rice; and

v) The PSUs shall source the rice to be exported from more than one State.

(Above para 2.1.9 has been added vide NTF. NO. 104/2008, DT. 06/05/2009)

2.1.10 With immediate effect, ban on export of Non-basmati rice shall also not be applicable to export of organic Non-basmati rice as follows:-

Tariff Item HS Code	Item Description	Nature of restriction
10061090 10062000 10063010 10063090 10064000	Organic Non-basmati rice	(i) Export of organic Non-basmati rice duly certified by APEDA shall be permitted subject to a limit of 10,000 MT per annum; (ii) Export allowed is also subject to registration of contracts with APEDA, New Delhi prior to shipment; (iii) Exports shall be allowed only from Customs EDI Ports.”

(Above para 2.1.10 has been inserted vide NTF. NO. 20/2009, DT. 07/12/2009)

2.1.11 With immediate effect, ban on export of Non-basmati rice shall also not be applicable to export of 20,000 MT of rice (Ponni Samba) to Sri Lanka through PEC.

2.1.12 With immediate effect, ban on export of Non-basmati rice shall also not be applicable to export of 25,000 MT of Non-basmati rice to Nepal through MMTC.

(Above para 2.1.11 & 2.1.12 has been inserted vide NTF. NO. 33/2009, DT. 03/03/2010 & condition)

2.1.13 the ban on export of Non-Basmati rice shall also not be applicable on export of 3 lakh tonnes of parboiled non-Basmati rice to Bangladesh from the Central Pool at prevalent economic cost through FCI.

(Above para 2.1.13 has been substituted vide NTF. NO. 55/2009, DT. 06/08/2010)

[OLD-
2.1.13 With immediate effect, ban on export of Non-basmati rice shall also not be applicable to export of 1,00,000 MTs of non basmati rice (Parboiled) to Bangladesh as follows:

S. No.	Quantity (MTs)	Name of PSU through which export to be made
1.	50,000	STC
2.	25,000	MMTC
3.	25,000	PEC
Total	1,00,000.

](Above para 2.1.13 has been inserted vide NTF. NO. 42/2009, DT. 18/05/2010 & condition)

2.1.14 The following varieties of non-Basmati rice as per quantities indicated against each will be allowed for export. The exact modalities will be notified separately.

S. No.	Varity of non-Basmati Rice	Quantity (MTs)
1.	Sona Masuri	1,00,000
2.	Ponni Samba	25,000
3	Matta	25,000

(Above para 2.1.14 has been added vide NTF. NO. 21/2010, DT. 10.02.2011)

2.1.15 Ten lakh MT of non-Basmati rice is allowed for export subject to the following conditions;

i) Prior Registration of contracts with DGFT on a first-come-first-served basis subject to:

(a) Export shall be made from privately held stocks.

(b) Applications for allotment must be accompanied with irrevocable and confirmed letter of credit,

(c) An applicant must submit a performance bank guarantee, along with the application for a value equivalent to a value of 10% of applied quantity. In case of non-completion of exports, within the stipulated time frame, this bank guarantee is liable to be confiscated. A flexibility of + or-5% in performance is allowed.

(d) An application can be for a maximum of 12,500 MT.

(e) This export will be subject to an MEP of US$400 per MT.

ii) Applications for intent to export will be sent to riceexport-dgft@nic.in . The modalities for allocation and the format in which e mails are to be sent is attached as Annexure I and Annexure II respectively, to this Notification.

(Above para 2.1.15 has been added vide NTF. NO. 60/2010, DT. 19/07/2011)

2.2 Ban on both non-Basmati and Basmati Rice will not be applicable to exports as under :2.2.1 Under Bilateral Trade Agreement between Government of India and Government of Maldives (as approved vide Notification No.42 dated 23.10.2007).

2.2.2 Consignments of rice certified by Customs Authorities which have been accepted for export till 6.3.08 (mid-night) in Land Customs Stations (LCSs) in West Bengal as part of transitional arrangements (as approved vide Notification No.87 dated 24.3.2008).

2.3 Above quantitative relaxations would be applicable from the date of respective Notifications as mentioned against each entry.

3. The ban/restriction now imposed shall be applicable from midnight of 31.3.2008.

4. Transitional arrangements allowed under Para 1.5 of the Foreign Trade Policy, 2004-2009, shall, in public interest, not be applicable to the ban and restriction imposed above. However, Para 9.12 of Handbook of Procedures, Vol-1, 2004-2009, shall be applicable.

(Pl. refer NTF. No. 32/2008, DT. 19/08/2008)

(Please refer P. CIR. NO. 11/2008, DT. 06/06/2008 - For above para 4)

5. This issues in Public Interest.

(R. S. GUJRAL)
DIRECTOR GENERAL OF FOREIGN TRADE
And Ex-Officio Additional Secretary to the Govt. of India

(Pl. refer NTF. NO. 59/2008, DT. 18/11/2008 - 100% EOUs allowed to export Non Basmati Rice)

(Issued from F.No.01/91/180/846/AM08/PC-III)

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