POL CIR NO. 12(RE-2000) 1999-2000 Dated 19-06-2000Subject:- Guidelines for recognizing branded products.
Attention is invited to paragraph 14.7 of the EXIM Policy providing for identification of branded products by a Committee and extending the facilities of paragraph 14.4 to exporters of such brands recognised by the Committee. With a view to facilitating the identification and recognition of brands in terms of above provisions, the following guidelines shall be taken into account by the Committee :
(i) The threshold limit of the annual export of branded products should be around Rs. 10 crores (FOB value) or more. However, in case of SSI units the minimum exports per annum may be Rs. 2 crores. The status of the firm such as Export House, Trading House etc. will be a factor taken into consideration for deciding the request of the firms. The Committee may relax these conditions provided there are other supporting factors, like the growth of exports in the precious few years, brought out by the exporter to the notice of the Committee.
(ii) Sale of products in the Domestic market under the same brand name.
(iii) Quality Certificate issued by the agencies mentioned in Appendix-32B of the Handbook of Procedure (Vol.I) or the products with National Organics Standards.
(iv) Except in such cases where the Committee is satisfied that it is not possible for exporters to do so, the brand name for which the approval has been sought would be embedded on the body of the export product along with "Made in India" logo. Except in such cases where a specific exemption is granted by the Committee, the embedding of the "Made in India" logo on the Export Product shall be a mandatory condition from 01.09.2000.
(v) Some evidence, such as cash memos of sales abroad, to suggest that the product being exported in the brand name has been traded/sold in the country of destination under the same brand name and logo.
(vi) Bar coding for export products using International symbologies/numbering system shall be obligatory w.e.f. 1-1-2001.
(vii) Brand promotion activity undertaken by the firm in the foreign country.
(viii) Registration of brand name under Trade & Merchandise Marks Act, 1958 or proof of application filed under the above Act for registration of brand.
The exporting firm shall declare the name of the brand along with the export product on each of the S/Bills at the time of exports.
Approval relating to exemption from value cap shall be specific to a manufacturing unit for a particular branded product. For this purpose, the firm, while applying for brand approval, shall also indicate the name of the manufacturing unit producing such brand products.
The Committee may also consider granting exemption from value caps to such products which are being exported under well recognised foreign brand names provided it carries the legend "Made in India" and the firm produces proof of registration of such brands abroad. This is to establish the reputation of the country as a reliable producer of quality goods.
The facilities under this scheme shall be available to branded products recognised by the Committee meeting the above criteria with effect from 01.04.2000. For this purpose, applicants shall have to file their applications within sixty days from the date of issue of this circular. Thereafter no claim for benefit on exports from 01.04.2000 shall be considered. However, for other new applicants, in case of subsequent approval by the Committee, the benefit under this scheme shall be available on exports made from the date of filing of the application under the scheme.
This issues with the approval of DGFT.
Sd/-
(Kiran Sehgal)
Dy. Director General of Foreign Trade
for Director General of Foreign Trade
Issued by:
Government of India
Ministry of Commerce
Directorate General of Foreign Trade
Udyog Bhawan, New Delhi
(File No. 01/94/180/brands/AM01/PCIV)Presented by eximkey.com