(This Notification has been superseded vide NTF. No. 71/2010, DT. 09/09/2011)

NOTIFICATION NO. 38/2007, DT. 15/10/2007

Amendments in the existing entries at Sl. No.45 in Chapter 10 - Table B Schedule 2 (1006 - Rice)

S.O.(E) In exercise of the powers conferred by Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 (No.22 of 1992) read with Para 1.3 and Para 2.1 of the Foreign Trade Policy, 2004-2009, the Central Government hereby makes the following amendments in the ITC(HS) Classifications of Export and Import items, 2004-2009 as amended, from time to time :

With effect from 10.10.2007 [OLD- With effect from 09.10.2007 ], in supersession of Notification No. 34 (RE-2007)/2004-2009, dated 08.10.2007, the following new entry shall be inserted after entry at Sl. No.45 in Chapter 10 under Schedule 2 of ITC(HS):-

(In above para the words & figures "With effect from 10.10.2007" has been replaced by NTF. NO. 44/2007, DT. 30/10/2007)

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 Export Price (MEP) is US $ 900 per ton or Rs. 41,400/-per ton FOB. (Above para 2 has been substituted vide NTF. NO. 05/2009, DT. 07/09/2009 - Export of Basmati rice, as above shall be subject to the additional condition that foreign commission upto 12.5% is to be allowed for computation of MEP and any discount /commission in excess of 12.5% will not be allowed for calculation of MEP (and FOB price will have to be higher to that extent)) [OLD- 2. Export permitted only if the Minimum Export Price (MEP) is US $ 1100 per ton FOB or Rs. 49500/-per ton.] (Above 2. has been subtituted vide NTF. NO. 83/2008, DT. 27/01/2009) [OLD- 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).
(Please refer NTF NO. 08/2008, DT. 13/05/2008 regd. Sl.No. 45AA) (In above table Sl. No. 45A & 45AA has been substituted vide NTF. NO. 93/2007, DT. 01/04/2008)
[OLD- 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 $ 1100 per ton or Rs.44,000/- per ton. ]
[OLD- 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 $ 900 per ton or Rs.36,000/- per ton. ]
(In above table Sl. No. 45AA has been substituted vide NTF. NO. 89/2007, DT. 27/03/2008) (In above table Sl. No. 45AA has been substituted vide NTF. NO. 82/2007, DT. 05/03/2008)
[OLD- 45AA	10063020	Kg	Basmati Rice including (Dehusked (Brown), semi milled, milled both in either par-boiled or raw condition).	Free	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. ]
[OLD-45AA	10063020	Kg	Basmati Rice	Free	Exports to Russian Federation permitted subject to preshipment quality certification issued by Sri Ram Institute for Industrial Research or any other agency as may be notified from time to time.]

(In above table Sl. No. 45AA has been substituted vide NTF. NO. 40/2007, DT. 22/10/2007)

2. The above Notification in respect of Non Basmati Rice will not be applicable to exports undertaken under food aid programmes.

2.1 Further, exports of rice to Maldives under bilateral Trade Agreement between Government of India and Government of Maldives are exempted from restrictions imposed by this Notification.

(Above para 2.1 has been added vide NTF. NO. 42/2007, DT. 23/10/2007)

2.2 However, rice brought into the port godowns for export till 10.10.2007; as certified by port authorities; shall be allowed to be exported.

(Above para 2.2 has been added vide NTF. NO. 43/2007, DT. 24/10/2007)

2.3 The prohibition imposed by this Notification shall not be applicable to the export of non-basmati rice if the Minimum FOB Export Price (MEP) is US$ 1000 per ton or Rs.40,000/- per ton. [OLD- The prohibition imposed by this Notification shall not be applicable to the export of non-basmati rice if the Minimum FOB Export Price (MEP) is US$ 650 per ton or Rs.26,000/- per ton. ] [OLD- Further, the prohibition imposed by this Notification shall not be applicable to the export of non-basmati rice if the Minimum Export Price (MEP) is more than US$ 500 per ton FOB or Rs. 20,000/- per ton FOB ] [OLD- Minimum Export Price (MEP) is more than US$ 425 per ton FOB or Rs. 17,000/- per ton FOB].

(In above paragraph 2.3 the first sentence has been substituted vide NTF. NO. 89/2007, DT. 27/03/2008)

(In above paragraph 2.3 the first sentence has been substituted vide NTF. NO. 82/2007, DT. 05/03/2008)

(In above Para 2.3 the words & figurs "Minimum Export Price (MEP) is more than US$ 500 per ton FOB or Rs. 20,000/- per ton FOB" has been replaced vide NTF. NO. 68/2007, DT. 27/12/2007)

(Above Para 2.3 has been substituted vide NTF. NO. 61/2007, DT. 12/12/2007)

[OLD-
2.3 Further, the prohibition imposed by this Notification shall not be applicable to the export of non-basmati rice if the Minimum Export Price (MEP) is more than US$ 425 per ton FOB.]

2.3.1 The above MEP shall also not be applicable to:-

(a) Exports of non-basmati rice for which letter of credit has been opened till 09.10.2007; and

(b) Rice brought into the port godowns for export till 10.10.2007, as certified by port authorities.

(Above paras 2.3 & 2.3.1 has been added vide NTF. NO. 45/2007, DT. 31/10/2007)

[Deleted-
2.4 Further, rice brought for export into the godowns of Kakinada city till 10.10.2007 (as certified by the State Government of Andhra Pradesh) shall be allowed to be exported. ]

(Above para 2.4 has been deleted vide NTF NO. 83/2007, DT. 11/03/2008)

(Above para 2.4 has been added vide NTF. NO. 46/2007, DT. 02/11/2007)

2.5 The prohibition imposed by this Notification on export of non-basmati rice shall not be applicable to export of 1,000 MT of rice to Republic of Mauritius through STC.

(Above para 2.5 has been added vide NTF. NO. 58/2007, DT. 21/11/2007)

2.6 The prohibition imposed by this Notification on export of non-basmati rice shall not be applicable to export of 50,000 MT of rice to Peoples Republic of Bangladesh by M/s LMJ International Limited, 30, J.L. Nehru Road, Kolkata-700 016 against the said ordered quantity as per international tender opened by Government of Bangladesh on 08.10.2007.

(Above para 2.6 has been added vide NTF. NO. 60/2007, DT. 06/12/2007)

2.7 The prohibition imposed by this Notification on export of non-basmati rice shall not be applicable to export of 50,000 MT of rice to Madagascar through STC, and 25,000 MT of rice to Comoros and 9,000 MT of rice to Mauritius through MMTC.

(Above para 2.7 has been added vide NTF. NO. 73/2007, DT. 24/01/2008)

2.8 The prohibition imposed by this Notification on export of non-basmati rice shall not be applicable to export of 1010 MT of non-basmati rice to Bangladesh to be supplied by the Government of West Bengal as relief material.

(Above para 2.8 has been added vide NOTIFICATION NO. 78/2007, DT. 18/02/2008)

2.9 The prohibition imposed by this Notification on export of non-basmati rice shall not be applicable to export of 50,000 MT of non-basmati rice to Bangladesh through the West Bengal Essential Commodities Supply Corporation Limited (WBECSC Ltd.). This 50,000 MT of non-basmati rice shall be procured by the WBECSC Ltd. exclusively from within the state of West Bengal.

(Above para 2.9 has been added vide NOTIFICATION NO. 80/2007, DT. 18/02/2008)

2.10 The prohibition imposed by this Notification on export of non-basmati rice shall not be applicable to export of 4,50,000 MT of non-basmati rice to Bangladesh (with 1,00,000 MT each through STC, MMTC, PEC, NAFED and 50,000 MT through the West Bengal Essential Commodities Supply Corporation Limited ).

(Above para 2.10 has been added vide NOTIFICATION NO. 81/2007, DT. 29/02/2008)

2.11 The prohibition imposed by this Notification on export of non-basmati rice shall not be applicable to export of 40,000 MT of non-basmati rice to the Republic of Sierra Leone through PEC.

(Above para 2.11 has been added vide NTF. NO. 88/2007, DT. 26/03/2008)

2A. Export of Basmati and non-basmati rice will be restricted through the following ports:

(i) Kandla

(ii) Kakinada

(iii) Kolkata

(iv) JNPT, Mumbai

(v) Mundra - Basmati rice only.

(vi) Pipavav - Basmati rice only.

(Above ports at (v) & (vi) has been added vide NTF. NO. 84/2007, DT. 17/03/2008)

However, the above mentioned port restriction would not apply to the specific exemptions / relaxations granted earlier, under Para 2 above.

2B. Only the quantities being loaded in the ships at the time of ban will be allowed to be exported under the transitional arrangements.

Further, consignments of rice, certified by Customs Authorities that they have been accepted for export till 6.3.2008 midnight, in Land Customs Stations in West Bengal, are allowed to be exported as part of the transitional arrangements.

Other than this, ‘transitional arrangements’ envisaged under Para 1.5 of the Foreign Trade Policy, 2004-2009, as amended from time to time, shall not be applicable for the restrictions imposed vide this notification.

(Above para 2B has been substituted vide NTF. NO. 87/2007, DT. 24/03/2008)

[OLD-
2B. Only the quantities being loaded in the ships at the time of ban will be allowed to be exported under the transitional arrangements. Other than this, ‘transitional arrangements’ envisaged under Para 1.5 of the Foreign Trade Policy, 2004-2009, as amended from time to time, shall not be applicable for the restrictions imposed vide this notification. ]

(Above paras 2A & 2B has been added vide NTF. NO. 82/2007, DT. 05/03/2008)

3. This issues in Public Interest.

(However, where procedural / policy provisions have been modified to disadvantage, same shall not be applicable to consignments already handed over to customs for examination and subsequent exports upto Public Notice / Notification date.

- this para has been vide POLICY CIR NO. 15/2007, DT. 19/10/2007 - In this regard it is clarified that the ban on export of non-basmati rice will not be applicable for the consignments which are covered under the above mentioned provisions of Handbook of Procedures Vol.I)

(R.S. GUJRAL)
Director General of Foreign Trade
And Ex-Officio Additional Secretary to the Govt. of India

(Issued from F.No.01/91/180/846/AM’08/PC-III)

(Please refer NTF. NO. 09/2008, DT. 15/05/2008 - Prohibition on export of Non-Basmati rice in Sl. No.45A shall not apply to export of 5,000 MTs of Non-Basmati rice to Bhutan)

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