[To be published in the
Gazette of India Extraordinary Part-1, Section - 1]
Government of India
Ministry of Commerce and Industry
Department of Commerce Directorate
General of Foreign Trade
Public Notice No.50/2015-20
New Delhi, Dated 26 November 2018
Sub: Procedure for
allocation of quota for import of (i)Calcined Pet Coke (0.5 Million MT per
annum)for Aluminum Industry and (ii) Raw Pet Coke
1(1.4Million MT) for CPC manufacturing industry.
The Hon'ble Supreme Court in the Writ Petition No. 13029/1985 vide its order
dated 4th October, 2018, has decreed that the import of raw material for use as
Calcined Pet coke (CPC) in Aluminium Industry cannot exceed 0.5 Million MT per
annum in total. Similarly import of Raw Pet Coke for CPC manufacturing industry
cannot exceed 1.4 Million MT per annum. In light of the Order of the Hon'ble
Supreme Court, the import policy condition of Pet Coke was amended vide
Notification No . 42 dated 23rd October, 2018 and wherein it had been indicated
that the regulation and monitoring of such imports will be as per the guidelines
of Ministry of Forest and Climate Change issued vide OM No Q-18011/54/2018-CPA
dated 10th September, 2018.
2. Pursuant to the above and in exercise of the powers conferred by Section 5 of
the Foreign Trade (Development & Regulation) Act, 1992 as amended from time to
time read with Para 2.04 of the Foreign Trade Policy (2015-2020), the Director
General of Foreign Trade hereby notifies the procedure/ mechanism to implement
the quantitative restriction imposed on import of Calcined Pet Coke and Raw Pet
Coke, as under:
Conditions and modalities of application for import of Pet coke.
(i) Imports will be subject to guidelines laid down by
Ministry of 1Environment, and Climate Change issued vide OM No
Q-18011/54/2018-CPA dated 10th September, 2018;
(ii) The annual quantity limitation in import will be
operated on fiscal year basis. Accordingly, of the total quantity permitted for
import per annum by the Hon'ble Supreme Court, only half of it is available for
import during the remaining period of this financial year {i.c October-March
(considering that the order was issued on 4 October, the total month of October
is taken for calculating entitlement)}. Therefore, total quantity available for
import of (i) Calcined Pet Coke for use as Calcined Pet coke in Aluminium
Industry is 0.25 Million MT and (ii) Raw Pet Coke for CPC manufacturing industry
is 10.7 Million MT. This is available all industrial units in these two sectors
including the petitioners.
(iii) All eligible entities desiring to avail quota as
mentioned above, may apply for import license in ANF 2M to DGFT (Exim
Facilitation Committee) Udyog Bhavan, New Delhi - 110 Oil with copy to concerned
jurisdictional Regional Authority of DGFT along with capacity of the unit and a
valid consent certificate from State Pollution Control Board (SPCB)/ Pollution
Control Committee (PCC), in the name of user industrial units indicating the
quantity permitted for import and its usage on a monthly and yearly basis.
(iv) Completed application form (ANF 2M) along with ANF-1
(Importer Exporter Profile) and the documents mentioned at (iii) above must
reach on or before 7th December, 2018. Application fee shall be paid in
accordance with the procedure as in Appendix 2K of Appendices & Aayat Niryat
Forms and submitted to petcokeimport-dgft@nic.in The subject header of this
e-mail shall be "Name of applicant / IE Code/ quantity applied in Million
Ton/Name of the RA where application is being filed.
(for example if M/s. ABC imports having IE Code 1234567890 are intending to file
an application at Ahmedabad for export of1000 MT then the subject header would
be: ABC imports /123456 7890 /1000 MT/ Ahmedabad)
(v) If documents received arc found in order, application
will be considered in Exim Facilitation Committee (EFC) for import of restricted
items and the concerned jurisdictional RA will grant authorization. The import
license/ authorization will be valid till 131.3.2019
only for the purpose of
imports.
(vi) If, after obtaining permission/license, importer cannot
utilize/ import the entire quantity for which the license has been issued, the
applicant shall intimate the same to DGFT at petcokeimport-dgft@nic.in within 10
days of allocation of such quota in order to facilitate distribution of the
unutilized quota to other
applicants who had applied initially.
(vii) Holders of the license for import of Pet Coke would
keep the RA informed of the details of his import consignments i.e the quantity
of import, source, date of import along with details of Bill of entry in respect
of each consignment on clearance of goods from Customs. Subsequently, a
consolidated report within 30 days of the expiry of import authorization period
must be submitted to the Regional Authority, giving consolidated details of all
imports made during the period.
(viii) EFC in DGFT will evaluate and allot quota among
applicants by 14th December 2018 and licenses will be issued by the concerned
jurisdictional Regional Authorities of DGFT by the 21st December 2018.
(ix) Review of the quota available, if any, after surrender
of the quota by allottees by 4th of January,2019 ; and
(x) Imports have to be completed before 31.3.2019 of the
financial year i.e. consignments must be cleared by customs authorities before
this date.
3. Effect of this Public Notice: Procedure for allocation of quota for
import of (i) Calcined Pet Coke for use as Calcined Pet coke (CPC) in Aluminium
Industry and (ii) Raw Pet Coke for CPC manufacturing industry is notified. \
(Alok V. Chaturvedi)
Director General of Foreign Trade
Ex-Officio Additional Secretary to the Government of India
Email: dgft@nic.in
[File no. 01/93/180/03/AM-19/PC-2(A) Part-1]
1.Errata vide: Public Notice No. 57/2015-20 dated 07.12.2018