PUBLIC NOTICE NO. 15/2005, DT. 04/06/2005

DFCE Scheme for status holders

In exercise of powers conferred under paragraph 2.4 of the Export and Import Policy, 2002-07, the Director General of Foreign Trade hereby makes the following amendments in the Handbook of Procedures (Vol.1):

1. In Para 3.2.6A of Handbook of Procedures (Vol.1):

a. The word ‘nexus with the products exported’ in (II) is replaced by ‘nexus with the product group exported’.

b. The words ‘value of their direct’ in the second sentence of (III) is replaced by ‘product group-wise value of their direct’.

c. The word ’12 months’ in (VI) is replaced by ’24 months’. Second Sentence of (VI) is deleted.

2. Appendix 17D as contained in Annexure A to this Public Notice replaces the Appendix 17 D as contained in Annexure A to Public Notice 69 dated 07.04.2005 for DFCE Scheme for status holders 2003-04.

3. Appendix 17E as notified in Annexure A to Public Notice 69 dated 07.04.2005 for DFCE Scheme for status holders 2003-04 is deleted.

4. The fourth Paragraph of Para 3.2.5 is replaced by: “Applicants shall file the applications by 31st December 2005 in Appendix 17D to the jurisdictional Zonal Office (Mumbai, Kolkata, Chennai, Delhi CLA) depending upon the location of Registered Office / Head Office of the applicant. The respective Zonal offices shall consider the applications and issue the license or otherwise.”

5. Fifth Paragraph of Para 3.2.5 is deleted.

This issues in public interest.

Sd/-
(K. T. Chacko)
Director General of Foreign Trade

(Issued from F. No. 1/94/180/Public Notice/AM04/PC.IV)

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Annexure A

Appendix 17D

APPLICATION FORMAT FOR DFCE SCHEME FOR STATUS HOLDERS 2003-04

Incorporating Notification No. 28 dated 28.01.2004, Public Notice No. 40 dated 28.01.2004; Notification No. 38 dated 21.04.2004 and Public Notice No. 69 dated 07.04.2005 read with Notification No. 06(RE-2005)/2004-2009 dated 04.06.2005 and this Public Notice.

File No.:__________________________________                           Date: _________________

1.	Name and Address	:
2.	I E Code Number	:
3.	Details of Status Certificate
	For the year 2003-‘04 a) Status b) Status Certificate Number c) Date of Issuance d) Valid from e) Valid up to	: Export House                 [ ] Trading House                [ ] Star Trading House         [ ] Super Star Trading House [ ] : : : :
4.	RCMC No. and Date Issued by	: :

5. Details of Group Companies (see Note 1)

Sr.No.	Names of the Group Company	Eligible Export Turnover (Rupees in Cr)		Growth (in %)
		2002-03	2003-04
1
2
3
	Total Group Turnover

6. Calculation of Value of Exports: (see Note 2 to 7)

Sr.No.	Categories	FOB Value of Exports in US$
		2002-‘03 Column A	2003-‘04 Column B
Row 01	Annual Exports Turnover
Row 02	Exports made in categories (i to vii) mentioned at Sr. No. 6 of the declaration appended hereto
Row 03	Exports made in categories mentioned at Sr. No. 7 of the declaration appended hereto
Row 04	Eligible Exports = Row 1-(Row 2 + Row 3)
Row 05	FOB Value of Total Eligible Exports as in Row 4 above (in Rupees)
Row 06	Incremental value of eligible exports made from Row 05 above = Column B of Row 5-Column A of Row 5 (in Rs)
Row 07	Incremental Export Growth Rate of eligible exports made = {[Column B of Row 4-Column A of Row 4] / Column A of Row 4} X 100 (in %)
Row 08	Percentage of FOB realized (for eligible exports made during 2003-04) as per Bank Realization Certificate (in %)
Row 09	Total Duty Free Credit Entitlement for 2003-04 period. = 10% of Row 6 (in Rs)
Row 10	Duty Free Credit Entitlement applied for (on realized basis for eligible exports made) (in Rs) = Row 9 X [(Row 8 X Column B of Row 5) - Column A of Row 5] / Row 6
Row 11	Balance Duty Free Credit Entitlement due (in Rs) = Row 9 - Row 10
Row 12	Value wise details of Product Groups Sr. No. Product Groups FOB Value of Eligible Exports in Rs (2003-04) 1 Engineering   2 Chemicals   3 Plastics   4 Leather & Leather Products   5 Sports Goods   6 Fish & Fish Products   7 Food Products   8 Handicrafts   9 Electronics   10 Textiles   11 Miscellaneous

7. Breakup for the Split–up Duty Free Credit Entitlement, if any, requested for:

Sr.No.	Entitlement	Break-up of the Entitlement for split-up

8. Details of the Application Fee:

Number, Date and Value of DD/TR:
Name of the issuing Bank:

09. Port of Registration (for import purpose):……………………………………………….

10. Option for supporting manufacturer entitlement details

Goods allowed to be imported under this scheme shall have a nexus with the product groups exported and the applicant in this regard makes a declaration in this Appendix. Goods imported against such entitlement certificate shall be used by the supporting manufacturer / job worker in proportion to the value wise and product group-wise value of their direct contribution to the entitlement.

Sr. No. of Supporting Manufacturer	Name, Address, PAN Number, Phone No. of Associate Manufacturer / Supporting Manufacturer / job worker	Sr. No of Product Groups	Product Groups	FOB Value of Eligible Exports 2003-04
1		1		US$	Rupee
		2
		3
Sub Total
2		1
		2
Sub Total

11. DECLARATION CUM UNDERTAKING

1. I/We hereby declare that this application is based on exports made (in free foreign exchange) during the licensing year 2002-03 and 2003-04 and the benefit is being claimed in respect of export proceeds realized in conformity with requirement prescribed in Para 3.2.6A (I) of Handbook.

2. I/We further certify that I/We am/are authorized to verify and sign the statement on behalf of the applicant.

3. I/We fully understand that any information furnished in the above statement, if proved incorrect or false, will render me/us liable to face any penal action or other consequences as may be prescribed in law or otherwise warranted.

4. I/We further declare that I/We has/have not applied or obtained another DFCE Entitlement Certificate for Status Holders issued under paragraph 3.7.2.1(vi) of the Policy based on the exports made (in free foreign exchange) during 2003-04 from any other office of the DGFT.

5. I/We further declare that I/We shall comply with the provisions of the Exim Policy/Handbook of Procedure (Vol.1) and the relevant Customs notifications while importing the goods under the scheme and subsequent use of the same under actual user condition.

6. I/We further declare that for calculating the value of exports for the year 2002-03 and for 2003-04, the following exports have not been taken into account.

i) Re-export of imported goods or exports made through transshipment;

ii) Export turnover of units operating under SEZ/EOU/EHTP/STPI Schemes or products manufactured by them and exported through DTA units;

iii) Deemed exports (even when payments are received in Free Foreign Exchange) and payment from EEFC account;

iv) Service exports;

v) Supplies made by one status holder to another status holder;

vi) Export performance made by one status holder on behalf of other status holder will not be eligible for entitlement under the scheme;

vii) Supplies made or export performance effected by a non-status holder (Merchant exporter/Manufacturer with any export performance in 2003-04) to a status holder if the applicant as well as the non status holder have less than 25 per cent incremental growth over their respective previous years direct export turnover;

viii) The exports made by an applicant within a group and the group to which it belongs has individually less than 25 per cent incremental growth of export;

ix) The incremental growth of exports achieved by us has not been directly or indirectly, obtained by transferring exports of other exporters.

7. I/We declare that the following products and categories of products have not been counted for entitlement under Duty Free Credit Entitlement Scheme for Status Holders:

a) Rough, uncut and semi polished diamonds

b) Gold, silver in any form including plain jewellery thereof

c) Food grains sourced from central pool maintained by FCI

d) Items exported under free shipping bills

8. I/We further declare that export documents are in conformity with requirement prescribed in Para 3.2.6A (I) of Handbook.

9. I/We further undertake that the goods imported under the DFCE to be issued shall have a nexus with the product group exported.

10. I/We further undertake that in respect of capital goods and/or office equipments, a certificate from jurisdictional Deputy Commissioner Central Excise/Assistant Commissioner of Central Excise or an independent Chartered Accountant, as the case may be, shall be produced confirming installation and use of capital goods and/or office equipments in the importer’s factory or premises, within six months from the date of imports or within such extended period as the said Deputy Commissioner of Customs or Assistant Commissioner of Customs may allow.”

[DELETED-
11. All discounts, commission have been excluded for the purpose of calculation of net FOB value of exports.]

(Above Sl. No. 11 relating to all discounts, commission has been deleted vide PN No. 22/2005, DT. 14/06/2005)

Official Stamp / Seal	Signature:	:.....................
	Name in Block Letters:	:.....................
	Designation:	:.....................
	Place:	:.....................
	Full Official Address:	:.....................
	Residential Address:	:.....................
	E-Mail address:	:.....................

NOTES

Note 1: In case the exports made by an applicant within a group and the group to which it belongs has individually less than 25% incremental growth of export, then these exports shall not be taken into account for the purpose of calculating the value of exports in Sr. No. 6 as per Note 1(viii) of Para 3.7.2.1 sub para (vii) introduced vide Notification No. 28 (RE 03) dated 28.01.2004.

Note 2: The FOB Value of Export (in free foreign exchange) in US$ and in Indian Rupees for this application has to be taken from Shipping Bill. For export bills in currencies other than US$, the conversion into US$ may be taken by cross conversion on basis of the conversion rate of US$ to Rupee and the conversion rate of other currency (say Euro) to Rupee as notified by the Customs on the date of let exports order of the shipment.

Note 3: For the applicant to be eligible, the annual export turnover in 2003-04 as in Row 1 of Sr. No. 6 of the application should not show a negative growth over previous year.

Note 4: In case exports made under Sr. No. 6 and 7 of the declaration appended hereto are covered by more than a single category, the applicant may choose to declare such exports in any one of the said categories and reflect them in Rows 2 or 3 of Sr. No. 6 of this Application form (Appendix 17D) as the case may be and in the Sr. No (vii) of the CA certificate.

Note 5: Applicant can claim the balance entitlement due as per Row 11 of Sr. No 6 of this application by filing a single consolidated supplementary application within 3 months of receipt of last realization as per RBI guidelines. No Late cut will be imposed in such a case.

Note 6: The export product groups shall be the product groups listed in Row 12 of Sr. No. 6. Miscellaneous would cover the residual product group category.

Note 7: If an applicant is not satisfied with the calculation of entitlement under the DFCE scheme, the applicant may approach the Grievance Redressal Committee at the Ministry of Commerce & Industry. The details are available at http://commerce.nic.in/grc.htm

Documents to be enclosed with the application form:

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1. Copy of the status holder certificate.

2. Copy of RCMC valid during 2003-04 and valid currently.

3. CA/ICWA/CS certificate as per enclosed annexure.

4. Statement of Export and Realization (for Eligible Exports) duly certified by the Bankers as per Appendix 22A of Handbook of Procedures Vol. 1 (2004-09), consolidated for each bank. (Can be downloaded from Website www.nic.in/eximpol)

5. Any other Document that may be specified or called for.

Annexure to Appendix 17D - DFCE for Status Holder 2003-04 Scheme

CERTIFICATE OF CHARTERED ACCOUNTANT/COST AND WORKS ACCOUNTANT/ COMPANY SECRETARY

I/We hereby confirm that I/We have examined the prescribed registers and also the relevant records of M/s................. for the licensing period(s) ...…………………………. and hereby certify that:

i) M/s............................... (Name and address of the applicant) who is an Export House/Trading House/Star Trading House/Super Star Trading House have made exports in his own name during the licensing years, 2002-03 and 2003-04 as per the details supplied in the details of exports at Sr. No.5, 6.

The following documents/records have been furnished by the applicant for verification of the export details and have been examined and verified by me/us, namely:

a) Export Order, Invoice

b) Bank Certificate of foreign exchange earning/FIRCs and SDF/GR declaration

c) Shipping Bills

d) Any other document (please specify).

ii) (a). The financial information given in the above statement is in agreement with the relevant register and records; the same has been incorporated in the books of accounts maintained by M/s................... and their subsidiaries; and is also true and correct.

(b). I/We have verified that export documents are in conformity with requirement prescribed in Para 3.2.6A (I) of Handbook. Where goods are procured from a manufacturer, the shipping bill contains the name of the exporter as well as the supporting manufacturer and no other party.

iii) It has been ensured that the information furnished is true and correct in all respect; no part of it is false or misleading and no relevant information has been concealed or withheld;

iv) Neither I, nor any of my partners is a partner, director, or an employee of the above-named entity or its associated concerns;

v) I/We fully understand that any statement made in this certificate, if proved incorrect or false, will render me/us liable to face any penal action or other consequences as may be prescribed in law or otherwise warranted.

vi) I/We have verified that the applicant has received the realization in his own name, as per the statement of exports and realization given below:

Statement of Export for Eligible Exports

Sr. No.	Name of the Exporter as per Shipping Bill	Shipping Bill Number	Let Export Date	Item Description as per Shipping Bill	Product Group (s)	FOB Value of Eligible exports in 2003-04 (in US$)
Total

vii) I/We have checked the ineligible export categories details which are as under:

		Exports (Rs in Cr)2003-04
1	Rough, uncut and semi polished diamonds
2	Gold, silver in any form including plain jewellery thereof
3	Food grains sourced from central pool maintained by FCI
4	Items exported under free shipping bills
5	Re-export of imported goods or exports made through transshipment;
6	Export turnover of units operating under SEZ/EOU/EHTP/STPI Schemes or products manufactured by them and exported through DTA units;
7	Deemed exports (even when payments are received in Free Foreign Exchange) and payment from EEFC account
8	Service exports
9	Supplies made by one status holder to another status holder;
10	Export performance made by one status holder on behalf of other status holder will not be eligible for entitlement under the scheme.
11	Supplies made or export performance effected by a non-status holder (Merchant exporter/ Manufacturer with any export performance in 2003-04) to a status holder if the applicant as well as the non status holder have less than 25 per cent incremental growth over their respective previous years direct export turnover.
	Above categories of exports may contain overlapping categories also

Signature.............................

Name:
Address:
Place:..........
Tel. No.: ............................

Official Stamp/ Seal

Date:...........
Regn. No. and Date of the Corporate Membership:----------------

(Pl. refer P. CIR NO. 38/2005, DT. 08/12/2005 - Regarding last date for submission of applications for claiming benefits under DFCE for Status Holder Scheme under Exim Policy 2003-04)

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