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Thread: Ministry of Textiles - Textile Export Quota Policy 2000-2004

  1. #11
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    Thumbs up Textile Export Quota Policy 2000-2004 - Slow-moving items

    Textile Export Quota Policy 2000-2004

    11. Slow-moving items

    i) An item shall be notified as slow-moving, if, during the base year the utilisation has been less than 75% of the annual level for that year. The Quota Administering Authority shall notify the items that are slow moving, latest by 1st December of the previous year.

    i. Notwithstanding anything else contained in any of the provisions of this Notification, for slow-moving items, EMD/BG would be charged @ 1% of FOB value for shipment under the FCFS system.

    ii. The quantitative ceiling stipulated for the FCFS system vide para 8(vii) above shall not be enforced.

    iii. This relaxation may, however, be withdrawn at any time without any notice.


  2. #12
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    Thumbs up Textile Export Quota Policy 2000-2004 - Provisions regarding submission and forfeiture of Earnest Money Deposit/Bank Guarantee/Post Dated Cheque

    Textile Export Quota Policy 2000-2004

    12. Provisions regarding submission and forfeiture of Earnest Money Deposit/Bank Guarantee/Post Dated Cheque

    (A) Submissions

    i. EMD shall ordinarily be furnished by way of Demand Draft, FDR unilaterally encashable by AEPC or Bank Guarantee. However, Legal Undertaking or Post Dated Cheques will also be accepted as EMD in systems other than FCFS, subject to the conditions stipulated below :

    Legal Undertaking (LUT)

    (ii) An Export House/Trading House/Star Trading House/Super Star Trading House/ Public Sector Undertaking/Manufacturer Exporter who has not been penalised by way of forfeiture order under this Allotment Policy or the previous Allotment Policy (1997-1999) and has entitlements of not less than 25,000 pieces for all country-categories taken together under the PPE, NQE and NIE systems (including PPT, NQT) may submit a Legal Undertaking (LUT) in place of EMD/BG, for extension and revalidation of the entitlements subject to the following conditions :

    a. If the DG, AEPC raises a claim, in terms of the Export Entitlement Distribution Policy, for any forfeiture amounts in respect of entitlements covered by a Legal Undertaking, the exporter concerned who had submitted the Legal Undertaking, would have to remit the amounts so claimed by the DG, AEPC within a period of 90 days from the date of such claim without demur or protest, failing which the exporter shall not be eligible to apply for or obtain any certification of shipping bills, transfer of Entitlements or return of EMD/BGs in any system until the amounts are remitted and the DG, AEPC decides to re0instate these facilities for the exporter.

    b. The DG, AEPC may withdraw the facility of submitting LUT in place of EMD/BG for any exporter who is otherwise eligible for the facility, but has failed to remit any forfeiture amount within the stipulated period of 90 days.

    c. The stipulations relating to release / forfeiture of the LUT would be the same as applicable to the other forms of EMD/BG.

    Post Dated Cheques (PDC)

    (iii) Post Dated Cheques will be accepted as EMD, in systems other than FCFS, for extension of entitlements subject to the condition that if the cheque is dishonoured on deposit for any reason, the quantities extended against such cheques would be debited to any future entitlements of the concerned exporter and he will not be allotted any further entitlements until the amount covered by the forfeiture is remitted by way of Demand Draft.

    i. The Post Dated Cheques should be dated 1st June of the year following the year of allotment and shall be valid for presentation during a period of 6 months from that date.
    ii. The stipulations relating to release / forfeiture of the Post Dated Cheques would be the same as applicable to the other forms of EMD/BG.

    (B) Release/Forfeiture

    iii. The EMD/BG/LUT/Post Dated Cheque of an exporter who exports 90% or more of the entitlement would be released in full. However, in the case of slow moving items, this percentage will be 75% or more.

    iv. The ‘Quota Administering Authority’ shall forfeit the EMD/BG, in case utilisation is 75% or more but less than 90% in case of fast moving items, and 50% or more but less than 75% in case of slow-moving items, proportionate to the shortfall in utilisation.

    v. If utilisation is less than the above, i.e. 75% in case of fast moving items and 50% in case of slow moving items, the EMD/BG/LUT/Post Dated Cheque shall be forfeited in full.

    vi. For the above purpose, utilisation shall be compiled on the basis of individual entitlements or on the basis of each System separately or on the request of the exporter for his performance in all systems (except FCFS System) clubbed together.

    vii. A show cause notice shall be issued before forfeiture.

    viii. The quota administering authority should despatch the order of forfeiture of BG/EMD/LUT/PDC etc., by registered post with acknowledgement due card or preferably through speed post. Evidence of despatch of an order through the means specified above as also of acknowledgement/receipt thereof or otherwise should be kept on the file concerned.

    ix. The Quota Administering Authority, for ensuring the recovery of the amount of forfeiture may temporarily debar the exporter from obtaining entitlements and participating in the Export Entitlement Distribution Scheme for a specified period.

    (C) Public Deposit Account (PDA)

    x. All forfeited EMD/BG/Post Dated Cheques shall be deposited into a Public Deposit Account of the Government in such manner as Government directs from time to time.


  3. #13
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    Thumbs up Textile Export Quota Policy 2000-2004 - Guidelines for obtaining release of held-up consignments

    Textile Export Quota Policy 2000-2004

    13. Guidelines for obtaining release of held-up consignments

    a. When a shipment effected in an unrestrained category is reclassified by the importing country into a restrained category or when a shipment effected in a restrained category is reclassified by the importing country into another restrained category, Export Certificates / Visas will be issued in the reclassified category after the exporter surrenders the quantity involved in the reclassified category. For this purpose, the exporter can surrender the quantity from own entitlements in systems other than FCFS or by obtaining the quantity by transfer. If the case is to be cleared after 20th September, when transfers are not permissible, and an exporter does not have own entitlements to surrender, an undertaking to surrender the requisite quantity by the 31st January from the succeeding year’s entitlement (own or transferred) shall be taken from such an exporter. Such an undertaking should be backed by BG/EMD to the extent of 50% of the FOB value of the quantity. Once the quantity is surrendered, the BG/EMD may be released. If the quantity is not surrendered as per the undertaking, the BG/EMD may be forfeited. In such cases, PPE allotments in any country-category to the exporter for the succeeding year may be allotted, only after the requisite quantity is so surrendered.

    b. If unallocated balance is available in the reclassified categories from the quantities released by the Quota Administering Authority in FCFS system, the Export Certificate / visas for the held up consignment will be issued after debiting such balance and the exporter will not be required to surrender any quantity.

    c. The stipulations of (a) and (b) above will also apply to cases where a change of buyer is required for a shipment that had been effected under the FCFS system or under the PPE system after obtaining extension beyond 30th September and to cases where a change of importing country is required.

    d. Where a shipment exported in a restrained category reclassified into another restrained category as above, the entitlement used for sending the shipment from the country may be returned to the exporter, subject to the following conditions :

    i. The exporter returns the Original Export Certificate / Visa to the Quota Administering Authority.

    ii. The Entitlement Certificate which had been debited at the time of export, remains valid for the concerned quantity when the add-back is requested.

    In the case of items exported as handloom garments exempted from restraints or as "India Items", which are reclassified by the importing countries as restrained items, Visas/Export Certificates will be issued by the Quota Administering Authority after obtaining the approval of the Ministry of Textiles.


  4. #14
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    Thumbs up Textile Export Quota Policy 2000-2004 - CLEARANCE BY CUSTOMS

    Textile Export Quota Policy 2000-2004

    14. CLEARANCE BY CUSTOMS:

    A. PRODUCTION UNDER RESTRAINT INCLUDING ITEMS NOT SUBJECT TO SPECIFIC LIMITS IN THE USA

    Shipments will be allowed by the Customs Authorities at the port of shipments after verifying the certification of export entitlement in the original and duplicate of shipping bills for individual consignments, issued by the DG, AEPC.

    B. HANDLOOM GARMENTS

    For export of all handloom garments, corresponding to restrained items in Canada and special quantities reserved for handloom garments in some of the restrained categories relating to the USA, Shipments will be permitted by the Customs on the basis of an Inspection Endorsement by the Textiles Committee in part 2 of the combination form.

    C. GARMENTS FALLING UNDER "INDIA ITEMS" :

    In respect of ‘India item’ which are traditional folklore handicraft textile products of India, shipments will be permitted by the Customs for exports to the EU, the USA and Canada on the basis of an appropriate certificate issued by the office of the Development Commissioner (Handicrafts).


  5. #15
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    Thumbs up Textile Export Quota Policy 2000-2004 - Export certificates etc

    Textile Export Quota Policy 2000-2004

    15. Export certificates etc.

    Export Certificate, Certificate of Origin and Visa

    The following certificates required under the relevant Bilateral Textile Agreements will be issued by the DG, AEPC:-

    (i) EU (a) Export Certificates and Certificates of Origin for all garment/knitwear items under restraint.

    a. Certificates of Origin for all non-restrained garments/knitwear items.

    (ii) Canada Export Certificates for garments that are subject to restraint except for properly marked samples valued at Canadian $ 500 or less.

    (iii) U.S.A. Visa for all garment/knitwear consignments except properly marked samples valued at US $ 800 or less.

    Handloom Certificate

    In the case of export of all Handloom Garments, corresponding to restrained items to Canada and all Handloom Garments corresponding to the restrained categories to the EU, the Textiles Committee will issue the certificate as prescribed in the Bilateral Agreements for such products.


  6. #16
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    Thumbs up Textile Export Quota Policy 2000-2004 - Appeal against forfeiture of EMD/BG/Post Dated Cheque

    Textile Export Quota Policy 2000-2004

    16. Appeal against forfeiture of EMD/BG/Post Dated Cheque

    i. Any exporter aggrieved by the order of forfeiture of EMD/BG by the quota administering authority may file an appeal to the 1st appellate authority, i.e., the Textile Commissioner within 45 days of the despatch of the order of the quota administering authority. This appeal shall be made in triplicate, accompanied by a demand draft for Rs. 500/-, drawn in favour of the Textile Commissioner and payable at Mumbai.

    ii. The appellant may make a separate application for stay of the order of the quota administering authority.

    iii. The Textile Commissioner shall decide the issue of stay, as early as possible.

    iv. A decision on the appeal shall also be taken as early as possible, preferably within two months. A reasonable opportunity for personal hearing, if requested by the appellant, shall be given. The final order will be despatched through registered post (with acknowledge due card) or preferably through speed post and the evidence of despatch thereof by the said means, as also of acknowledgement/receipt thereof or otherwise will be placed on the file concerned.

    v. In the case of appeals which have been filed after the due date, the Textile Commissioner shall first decide as to whether such delay is to be condoned or not. The Textile Commissioner shall pass a speaking order in such cases expeditiously.

    vi. For the above purposes, the Textile Commissioner shall mean and include such other officer (not below the rank of Director) to whom the Textile Commissioner, expressly or otherwise delegates the necessary responsibilities.

    vii. An exporter who is not satisfied with the decision of the Textile Commissioner in the matter of a stay application or an appeal, may prefer an appeal against such decision within 45 days of the despatch of the order of the 1st appellate authority to the 2nd appellate authority for a decision thereon.

    viii. The 2nd appellate committee for these purposes will comprise of the following:

    (a) Joint Secretary (Exports), MOT, GOI Chairman
    (b) An officer of the Ministry of Law & Justice, GOI Member
    (not below the rank of Dy. Secy. to the GOI)
    (c) An officer of the DGFT, MOC, GOI Member
    (Not below the rank of Dy. Secy to the GOI)
    (d) Dy. Secretary/Director (Exports), MOT, GOI Member-Secretary

    The quorum of the this committee will consist of its Chairman and 2 members.

    ix. Any appeal before the 2nd appellate authority shall be addressed to its Member-Secretary in a set of five copies and shall be accompanied by a demand draft for Rs. 500/-, drawn in favour of the Ministry of Textiles, GOI and payable at Delhi.

    x. If matter of the appeal also pertains to a stay and is of an urgent nature, the Chairman of the committee may grant the stay by recording reason(s) in writing expeditiously.

    xi. The 2nd appellate authority shall also decide the case at the earliest, preferably within three months.


  7. #17
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    Thumbs up Textile Export Quota Policy 2000-2004 - Procedure to deal with Quota malpractices by exporters

    Textile Export Quota Policy 2000-2004

    17. Procedure to deal with Quota malpractices by exporters

    i. A Committee called the Enforcement Committee is constituted with the following composition:-

    1. Textile Commissioner, MOT, GOI Chairman
    2. DG, AEPC Member
    3. An officer of the Ministry of Law & Justice, GOI Member (not below the rank of Dy. Secy. to the GOI)
    4. Chairman AEPC Member
    5) An Officer of the Agency concerned Member-Secretary (To be nominated by Quota Administering Authority in consultation with the Chairman of the Enforcement Committee)

    i. The Chairman and two members will constitute the quorum.

    ii. The Enforcement Committee will deal with cases involving the use of any one of the following, in connection with obtaining, extending, utilising or proving the utilisation of quotas:-

    a) Any fraudulent activity
    b) Any misrepresentation of facts
    c) Any falsification of documents or forgery
    d) Submission of post-dated cheques for extension of entitlements which are dishonoured on presentation to his bank.

    (iv) The Enforcement Committee will also deal with cases relating to exporters who are found to have exported or who have completed the formalities to export any item, which contains any dyes, chemicals, pigments or other material whose handling is specifically banned by the competent authority of the Government.

    (v) In cases where the Committee finds the exporters guilty of fraud or other irregularities, which are violative of any of the above provisions, after examining his explanation and giving a personal hearing, the exporter may be debarred from obtaining entitlements and participating in the Export Entitlement Distribution Scheme for a specified period.

    i. In serious cases, the exporter may be temporarily debarred by the Quota Administering Authority before personal hearing, pending the completion of the procedures and finalisation of a decision by the Committee.

    ii. The Enforcement Appellate Committee with the following composition will hear appeals against the decision of the Enforcement Committee:

    i) Joint Secretary (Exports), MOT, GOI Chairman
    ii) An officer of the Ministry of Law & Justice, GOI Member (Not below the rank of Dy. Secretary to the GOI)

    i. An officer of the O/o the DGFT, MOC, GOI Member
    (Not below the rank of Dy. Secretary to the GOI)

    iv) Dy. Secretary/Director (Exports), MOT, GOI Member-Secretary.

    i. The quorum of the Enforcement Appellate Committee will consist of the Chairman and 2 members. The Chairman of the Enforcement Appellate Committee will, however, have the power to grant stay on the orders passed by the Enforcement Committee, after giving reasons recorded in writing.

    ii. Any appeal filed before the Enforcement Appellate Committee shall be presented in five sets of papers accompanied by a demand draft for Rs. 500/-, drawn in the favour of the Ministry of Textiles, GOI.

    iii. The Enforcement Appellate Committee may review and amend, modify or quash the orders of the Enforcement Committees on appeal from an aggrieved exporter or by initiating the action suo-moto.


  8. #18
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    Thumbs up Textile Export Quota Policy 2000-2004 - Supervisory role of the Textile Commissioner

    Textile Export Quota Policy 2000-2004

    18. Supervisory role of the Textile Commissioner

    The Textile Commissioner shall exercise general supervision over the matters relating to implementation of this Policy. In case, any deviation is noticed by the Textile Commissioner, it shall be promptly reported to the Ministry of Textiles seeking directions thereon.

  9. #19
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    Thumbs up Textile Export Quota Policy 2000-2004 - Coordination Committee

    Textile Export Quota Policy 2000-2004

    19. Coordination Committee

    A Coordination Committee consisting of Textile Commissioner, the representatives of EPCs (AEPC, TEXPROCIL SRTEPC and WWEPC) including the Quota Administering Authorities, ED, HEPC, DC(HC) and Dy. Secretary/Director (Exports) will meet under the chairmanship of the Joint Secretary (Exports) once in three months to review the operation of the policy. The Committee will send a report to the Ministry for taking appropriate actions on any changes desired in the Policy.


  10. #20
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    Thumbs up Textile Export Quota Policy 2000-2004 - Right of the Government to make ammendment

    Textile Export Quota Policy 2000-2004

    20. Right of the Government to make ammendment

    Government reserves the right to make amendments to and of the foregoing provisions in the public interest, without giving prior notice.

    (N.RAMAKRISHNAN)
    JOINT SECRETARY TO THE GOVERNMENT OF INDIA

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