Eximkey - India Export Import Policy 2004 2013 Exim Policy
DGFT Export Policy General Notes on Export Policy (upto 26/08/2009)
SCHEDULE- 2

EXPORT POLICY

 
General Notes to Export Policy – Goods under Restrictions
 


1. Free Exportability All goods other than the entries in the export licensing schedule along with its appendices are freely exportable. The free exportability is however subject to any other law for the time being in force. Goods not listed in the Schedule are deemed to be freely exportable without conditions under the Foreign Trade (Development and Regulations) Act, 1992 and the rules, notifications and other public notices and circulars issued there under from time to time. The export licensing policy in the schedule and its appendices does not preclude control by way of a Public Notice Notification under the Foreign Trade (Development and Regulations) Act, 1992.

Goods listed as “Free” in the Export Licensing Schedule may also be exported without an export licence as such but they are subject to conditions laid out against the respective entry. The fulfillment of these conditions can be checked by authorized officers in the course of export.

2. Code does not limit the item description

The export policy of a specific item will be determined mainly by the description and nature of restriction in the schedule. The code number is illustrative of classification but does not limit the descriptio by virtue of the stan-dard description of the item against the code in the import part of the ITC(HS) classification.

3. Classes of Export Trade Control

A. Prohibited Goods

The prohibited items are not permitted to be exported. An export licence will not be given in the normal course for goods in the prohibited category.

B. Restricted Goods

The restricted items can be permitted for export under licence. The procedures / conditionalities wherever specified against the restricted items may be required to be complied with, in addition to the general requirement of licence in all cases of restricted items.

C. State Tradig Enterprises

Export through STE(s) is permitted without an Export Licence through designated STEs only as mentioned against an item and is subject to conditions in para 2.11 of EXIM Policy 2002-2007.

D. Restrictions on Countries of Export

Export to Iraq is subject to conditions as specified in Para 2.2 of the Handbook of Procedures 2002-2007 (Vol. I) and other conditions which may be listed in the title ITC(HS) Classification of Export and Import items.

Export Licensing Schedule

Notes

1. The schedule below has five column. The column name and the description are:
 

Column No. Column Name Description
1. Entry No. Gives the order of the main entry in the schedule. The column in designed for easy reference and gives the identity of the raw covering the set consisting of Tariff Item Code, Unit Item description export policy and Nature of restriction along with the connected Licensing Note and Appendix.
2. Tariff Item (HS) Code This is the eight digit code followed in the import policy in the earlier part of the book, customs and the DGCIS code. The first two digits gove the chapter number, the heading number. The last two digit signify the subheading. The six digit code and product description corresponds exactly with the six digit WCO (World Customs Organisation). The last digits are developed in India under the common classification system for tariff item.
3. Unit The second column gives the unit of measurement or weight in the tariff item which is to be used in shipping bill and other documents. In most cases, the unit is given as “u” denoting number of pieces.
4. Item Description The item description against each code gives the specific description of goods which are subject to export control. This description does not generally corre-spond with the standard description against the code. In most cases, the description will cover only a part of standard description.
5. Export Policy This column is for the general policy regime applicable on the item. Generally, the Export Policy is one of the following.

Prohibited Not permitted for Export Licence will not be given in the normal course
Restricted Export is permitted under a licence granted by the DGFT
STE Export allowed only through specified State Trading Enterprises (STEs) subject to specific conditions laid out in the Export Policy and also para 2.11 of the Export and Import Policy.

 
6. Nature of Restriction This column specifies the special conditions which must be met for the export of goods in the item description column. The column may also give the nature of restriction under the broad category in the Export Policy column.


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