Policy for issue of import licenses of Rough Marble and Travertine Blocks for the Financial year 2014-15

To be published
in the Gazette of India Extraordinary Part-II, Section-3, Sub Section (ii)

Government of India

Ministry of Commerce & Industry

Department of Commerce

           Notification No. 99 (RE-2013)/2009-2014

New Delhi, Dated: 20th November, 2014

 

Sub.: Policy for issue of import licenses of Rough
Marble and Travertine Blocks for the
Financial year 2014-15.

 

S.O. (E) In exercise of powers
conferred under section 5 of the Foreign Trade (Development and Regulation)
Act, 1992 as amended, read with paragraph 2.1 of the Foreign Trade Policy,
2009-14, the Central Government hereby makes the following amendments in
Schedule-I (Imports) to the ITC (HS) Classifications of Export and Import
Items:

 

2.            
Import
Licensing Note No. (2) inserted at the end of Chapter 25, will be amended to
read as : “Import of rough marble blocks will be subject to conditions laid
down in Notification No. 99 dated 20th November 2014.”

 

3.       
Conditions
for import of marble.

 

(A)   The following Policy provisions will
be applicable for import of Rough Marble Blocks and Travertine for the
financial year 2014-15. This will supersede earlier Policy /Guidelines for
issue of import licenses of Rough Marble Blocks.

 

(B)   Attention is invited to ITC HS Codes
25151100 and 25151210 indicated in Schedule-1 (Imports) of ITC (HS)
Classifications of Export and Import Items. As per the provisions contained
therein, import of Marble and Travertine– Crude or Roughly trimmed and merely
cut, by sawing or otherwise, into blocks of a rectangular (including square)
shape is restricted and subject to import licensing procedures.

 

(C)     The applications for import license
for import of rough marble blocks and travertine under the above mentioned ITC
HS Codes will be considered in the following manner: –

 

I.  Eligibility of the units will be
decided based on the following four criteria:

 

(a)   Units who have installed marble
gangsaw machine (except 100% EOUs and units in SEZ) on or prior to 31.3.2014.
The marble gangsaw machine shall be in the name of the applicant only. No
gangsaw on “Lease Basis” shall be considered for the purpose of allocation of
import entitlement.

 

(b)    The Units should have been in
operation for 5 years on or prior to 31.3.2014.

 

(c)   All eligible units as per (a) above
should have cumulative turnover of at least Rs 5 Crores (Rupees Five crores)
during the 3 years period i.e. financial years 2011-12 to 2013-14 irrespective
of whether it is from domestic or foreign sources in respect of processed
marble slabs/tiles only.

 

(d)   The Unit should be registered with
Central Excise Authorities on the date of filing application.

II. 
Floor Price-

Licenses
for import of crude or roughly trimmed marble and travertine blocks or merely
cut, by sawing or otherwise into blocks of a rectangular (including square)
shape shall be subject to a floor price of US$ 325 per Metric Ton (MT), which
shall be endorsed on all licenses.

 

III. Entitlement:

The
total import of Rough Marble and Travertine blocks under ITC HS Codes 25151100
and 25151210 will be subject to a ceiling of 8 lakh MT for the whole of the
licensing year, 2014-15. Eligible units will be entitled for an import license
on the basis of cumulative turnover ( indigenous or foreign) of at least Rupees
5 crores of processed marble slabs/tiles only, over the previous three
financial years 2011-12 to 2013-14. The quantity so calculated will however be
subject to a ceiling of 3500 MT per gangsaw, subject to overall availability.

 

IV. Actual User Condition:

All
licenses shall be subject to actual user condition. Modalities for submitting
hard copies of the applications is attached as Annexure 1 to this notification.

 

V.  Monthly Return

License
holders shall file monthly returns regarding imports made by them, to the
concerned Regional Authority of DGFT by the 15th of each succeeding
month in which license is obtained (for example if a license is obtained on 13th
February, the license holder will file the first monthly return for imports made
in February by 15th of March and for each month thereafter by the 15th
of subsequent month). This is a mandatory requirement.

 

VI. Validity of Import licences

Licenses for Import of Marble and
Travertine will have a validity upto 31st December 2015.

 

4.         
Effect
of this notification:

 

Import policy of Rough Marble and
Travertine blocks for the year 2014-15 has been notified with a quota of 8 lakh
MT and an MIP of US$ 325 per MT .

 

 

 

(Pravir Kumar)

Director General of Foreign Trade

E-mail: dgft@nic.in

 

 

 

(Issued from File No. 01/53/162/MISC/AM15/Marble-01/IC)

 

 

Annexure-1 to Notification No: 99
(RE-2013)/2009-14 Dated : 20th November, 2014 Modalities for
submitting applications for grant of quota for import of rough marble blocks

 

1.            
Eligible
applicants will submit hard copies of their application, in the relevant Aayat
Niryat Form, along with the documents prescribed therein, to concerned RA for
import of rough marble blocks for the financial year 2014-15. RA will then
forward the applications to DGFT HQ for scrutiny and allocation of quota.
Calendar of events is attached as Annexure 2 to this Notification.

 

2.           
The
following conditions would need to be followed and documentary proof submitted
to concerned RA alongwith the application for grant of quota :-

 

(a)  The Marble gangsaw in the Unit should
be in the name of the Unit and established on or prior to 31.3.2014. The gang
saw should not be ‘on Lease’ from any other party. The marble gangsaw machine
should have linear movement and should have minimum 60 steel blades impregnated
with diamond segments and be used only for cutting marble blocks into slabs;

(b)  The certificate of registration with
Central Excise Authorities.

(c)  The applicant should furnish a
certificate from Central Excise Authority indicating the number of Gangsaw(s)
installed and functional/operational in the Unit.

(d)  SSI/SIA Registration
Certificate/Memorandum of MSME should show the Unit being in operation on or
prior to 31.03.2009. State Industry Department (District Industry Centre)
should certify the number of gangsaw(s) established on or prior to 31.3.2014
and this certificate need to be submitted to RA.

(e)  The list of equipments / capital goods
(other than Marble gangsaw) set up by the applicant in the Unit for processing
marble slabs / tiles should be prior to 31.3.2009, as per Balance Sheet as on
31.3.2009, duly certified by a Chartered Accountant;

(f)   Income Tax Return for the financial
year 2008-09 indicating processing of marble by the Unit duly certified by a
Chartered Accountant;

(g)  CA Certificate indicating
domestic/foreign sales turnover of marble slabs / tiles of years 2011-12,
2012-13 and 2013-14.

(h)  A copy of Chartered Accountant
certified statement of accounts, filed along with Balance Sheet to Income Tax
authorities for each of the years i.e. 2011-12, 2012-13 and 2013-14 (in order
to prove cumulative turnover from domestic or foreign sources) of marble slabs
/ tiles of atleast Rs. 5 crore in the last 3 years).

(i)    The sale against Form H and other
relevant Forms, job work income earned by any unit sawing marble blocks of
third parties into slabs/tiles and the amount of excise duty, service tax and
sales tax/VAT paid on such indigenous sales turnover of marble slabs/tiles may
also be included for calculating indigenous sales turnover of the applicant. An
applicant would need to submit certified copies of VAT/Sales Tax returns filed
by the applicant for each of the 3 financial years indicating the indigenous sales
turnover of marble slabs/tiles alongwith the income tax returns for the same
period. No trading turnover shall be considered.

(j)    With regard to calculation of
indigenous sales turnover, it is clarified that the turnover will include the
net sales after deducting the sales returns from the gross sales. It is also
clarified that the turnover of the applicant only shall be taken into
consideration and the turnover of group concerns/ sister concerns/ subsidiaries
etc. shall not be counted for calculating the turnover.

(k)  The applicant must not be on DEL
(Denied Entities List) of DGFT.

(l)   
In
case any applicant/ firm is found to have furnished wrong/ false information or
made any misrepresentation, then it shall be debarred from the allocation for
import of marble and also liable for penal action under the provisions of
FT(D&R) Act 1992, as amended.

.

3. The last
date for receipt of hard copy of application with complete documents with RA
shall be 24th December 2014.

 

 

 

Annexure-2 to Notification No: 99
(RE-2013)/2009-14 Dated : 20th 
November,2014

 

 

 

CALENDAR OF EVENTS

 

1.

Notification to be issued on

20th 
November, 2014

 

2

Receipt of Application in RA

Upto 24th  December, 2014

 

3

Forwarding of Applications to DGFT

Upto 31st December, 2014

 

 

HQ by RA’s

8th 
January, 2015

 

4

Declaration of Allocation

 

5

Issuance of Licences

9th to 15th January, 2015

 

 

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