QUESTION

What will be the procedure for import of water melon seed for consumption purpose classificable under HSN 12077090 after imposing of restiriction No. 3/2015-2020 issued by the DGFT, New Delhi on dated 26/04/2021?

ANSWER

Notification No. 3/2015-2020 dated 26/04/2021 issued under powers given in Para 1.02 of FTP.

Para 2.01 of FTP contains export and import of any item free unless regulated. Relevant extract is reproduced below:

"(a) Exports and Imports shall be 'Free' except when regulated by way of 'prohibition', 'restriction' or 'exclusive trading through State Trading Enterprises (STES)' as laid down in Indian Trade Classification (Harmonized System) [ITC (HS)] of Exports and Imports. The list of 'Prohibited', 'Restricted', and STE items can be viewed by clicking on 'Downloads' at http://dgft.gov.in
(b) Further, there are some items which are 'free' for import/export, but subject to conditions stipulated in other Acts or in law for the time being in force."

The impact of amendment made through Notification No. 3/2015-2020 dated 26/04/2021 is that the import of water melon seeds is taken into restricted category.

Chapter 2 of Handbook Procedure, para 2.03 facilitate application of issue of Authorization for import/export of restricted goods. Same is reproduced below:

"(a) Applications seeking authorisation for import/export of 'restricted' goods, for claiming benefits under the schemes in FTP or for seeking clarifications and for other purposes may be made to the Regional Authority (RA).
(b) Applicants may ensure while submitting documents that documents are either in English or Hindi. Documents in regional languages may be got translated into English or Hindi and the translated copy may be self-certified and submitted along with the Original copy."

Accordingly the restricted goods can be imported after issue of Authorization by RA (Regional Authority).

Para 2.16 contains provisions related to the validity period of Authorization and the validity period of Authorization is 18 months. Same is reproduced below:

"(a) Validity period of Import / Export Authorisations from the date of issue shall be as follows, unless specified otherwise:

Sr. No

Type of Authorisation

Validity Period

(i)

 Export Authorisation for restricted (Non SCOMET) goods 24 Months

(ii)

 Export Authorisation for SCOMET items 24 months

(iii)

 Import Authorisations for restricted items and CCP 18 months

(iv)

 EPCG Authorisation 24 months

(v)

 Advance Authorisations (AA) for Deemed Export Coterminous with contracted duration of project execution or 12 months, which ever is more

(vi)

 AA {except (v) above}, DFIA, Replenishment Authorisation for Gems & Jewellery as per Chapter 4 of FTP. 12 months from issue date.

However, EXIM Facilitation Committee (EFC) (for non-SCOMET items) and Inter Ministerial Working Group (IMWG) (for SCOMET items) may approve the grant of Export Authorisation for a shorter / longer duration in specific cases to meet contractual obligations/delivery schedule or on specific recommendation of the concerned Technical / Administrative Ministry / Department / or any other agency.

(b) DGFT may decide to issue specific authorisation/ class of authorisations for a longer/shorter validity period. Any extension /revalidation in such cases to be allowed only by DGFT."

PROCEDURE

You have to file an application in ANF-2M with the RA for issue of Authorization.  (Reply dt. 05/05/2021)