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India’s Export-
UNIT 7                 INDIA'S EXPORT – IMPORT                                             Import Policy

                       POLICY
Objectives
This unit helps you to understand :

•     What is trade policy
•     Kinds of trade policy
•     Phases of liberalization in trade policies in the process of economic development
•     Trends in India's exim policies
•     Salient features of Current Export - Import Policy (2002-07)
Structure
7.1     Introduction
7.2     India's Exim Policy : A Backdrop
7.3     The Foreign Trade Regime: Analytical Phases and Changes Over Time
7.4     India's Exim Policy : Phases of Changes
7.5     Export Import Policy 2002-07 : Objectives
7.6     General Provision Regarding Imports and Exports
7.7     Promotional Measures
7.8     Duty Exemption / Remission Scheme
7.9     Export Promotion Capital Goods Scheme
7.10 EOUs, EPZs, EHTPs, STPs
7.11 Deemed Exports
7.12 Summary
7.13 Self-Assessment Questions
7.14 Further Readings

7.1       INTRODUCTION
Export-Import (EXIM) Policy alternatively known as Trade Policy, refers to Policies
adopted by a country with reference to exports and imports. Trade; Policy can be free
trade policy or protective trade policy. A free trade is one which does not impose any
restriction on the exchange of goods and services between different countries. A free
trade policy involves complete absence of tariffs, quotas, exchange restrictions, taxes
and subsidies on production, factor use and consumption. Though free trade,
theoretically, offers several advantages, in reality, particularly underdeveloped
countries were at a disadvantage in such a system of international trade. As a result,
in the early 20th century, international economy saw the emergence of protective
trade policies.
A protective trade policy pursued by a country seeks to maintain a system of trade
restrictions with the objective of protecting the domestic economy from the
competition of foreign products. Protective trade policy constituted an important
plank in the commercial policies of underdeveloped countries during the 50s, 60s,
and 70s and to some extent in the 80s. Many of the underdeveloped countries
continue to have protective trade policies even today.
Trade policies may be outward looking or inward looking. An outward looking trade
policy encourages not only free trade but also the free movement of capital, workers,
enterprises and students, a welcome to the multinational enterprises, and an open
system of communications. An inward looking trade                                         5
Policy Framework and
Procedural Aspects     policy stresses the need for a country to evolve its own style of development and to
                       be the master of its own fate, with restrictions on the movement of goods, services
                       and people in and out of the country. An inward looking trade Policy encourages the
                       development of indigenous technologies appropriate to a country's resource
                       endowment. Given these, a developing country may adopt commodity specific trade
                       polices such as the following :
                       1.    Primary outward looking polices: Aimed at encouraging agricultural and raw
                             material exports
                       2.    Secondary outward looking policies: Aimed at promoting manufactured
                             exports
                       3.    Primary inward looking polices: Objective is to achieve agricultural self
                             sufficiency
                       4.    Secondary inward looking polices: Objective is attaining manufactured
                             commodity self-sufficiency through import substitution.
                       Trade Policy will strongly influence the direction, trend and growth of foreign trade
                       of a country. This, in turn, will have a bearing on the economic development process.
                       Therefore, trade policy is an important economic instrument which can be used by a
                       country, with suitable modifications from time to time, to achieve its long-term
                       objectives.
                       7.2     INDIA'S EXIM POLICY : A BACKDROP
                       India's experience of the colonial past had major influence on exim policy in the
                       initial decades after independence. India's strategy towards, trade policy was driven
                       by perceived foreign exchange scarcities and the desire to ensure that scarce foreign
                       exchange is used only for essential purposes for economic development.
                       Industrialisation and self-sufficiency in essential commodities were the important
                       objectives of India's trade policy. This was because it was felt that dependence on
                       other, more powerful countries for imports of essential commodities would lead to
                       political dependence on them as well.
                       This was succinctly brought out by the National Planning Committee (NPC) in 1946
                       set up the Indian National Congress, under the Chairmanship of Pt. Jawaharlal Nehru.
                       "In the context of the modem world, no country can be politically and economically
                       independent, even within the framework of international interdependence, unless it is
                       highly industrialized and has developed its power resources to the utmost Nor can it
                       achieve or maintain high standards of living and liquidate poverty without the aid of
                       modern technology in almost every sphere of life. An industrially backward country
                       will continually upset the world equilibrium and encourage the aggressive tendencies
                       of more developed countries. Even if it retains its political independence, this will be
                       nominal only and economic control will tend to pass to others".
                       Earlier the NPC had said that, "The objective of the country as a whole was the
                       attainment, as far as possible, of national self-sufficiency. International trade was
                       certainly not excluded, but we were anxious to avoid being drawn into the whirlpool
                       of economic imperialism."
                       These laid the broad framework for the formulation of EXIM policy in the
                       subsequent years. On the whole, import substitution and protection to domestic
                       industrialization through a system of tariff and non-tariff controls became highlights
                       of India's EXIM Policy for the most of the period during 1950-51 to 1990-91. Since
                       1990-91, however, radical changes have been introduced.
                       7.3     THE FOREIGN TRADE REGIME: ANALYTICAL
                               PHASES AND CHANGES OVER TIME
                       J.N. Bhagwati and A Krueger, in their comparative analysis of the impact of foreign
                       trade regime and economic development in a number of countries , defined a set of
                       analytical phases with reference to the EXIM policy of a country. These phases in the
                       foreign trade regime were designed essentially as a classificatory and descriptive
                       device to capture meaningfully the evolution of foreign trade regime in terms of its
                       restrictionist content and the dimensions and patterns of its use of control `and price
                       instruments. There are broadly five phases which are as follows :
                       Phase I: Characterised by the systematic and significant imposition of quantitative
                       restrictions (QR). It might start in-response to an unsustainable balance of payments
    6                  deficit.
Throughout Phase I, controls are generally maintained and often intensified.               India’s Export-
                                                                                            Import Policy
Phase II: Characterised by continued reliance upon quantitative restrictions and
generally increased restrictiveness of the entire control system. Phase II is
distinguished by two additional and related aspects of the QR system, both relatively
unimportant during Phase I:
(1)   The detailed workings of the control system become increasingly complex, and
(2) Price measures are adopted to buttress the functioning of the control system.
Both these characteristics of Phase II arise from dissatisfaction with the results of an
undifferentiated system and are often the result of many small decisions rather than
an overall policy design.
Price measures are introduced to both exports and imports. The continuation or
intensification of foreign exchange shortage leads to the recognition that additional
export earnings would be desirable. Rebate schemes, import replenishment schemes,
special credits for exporters, and a variety of other devices may be instituted that
offset part or all the discrimination against exports implicit in an overvalued
exchange rate. As for imports, price measures are also adopted to absorb part of the
excess demand for imports. Tariffs may be increased or surcharges added to the cost
of importing.
The following aspects of the price situation in Phase II are then evident: (1) the
exchange parity is overlaid by tariffs and subsidies, levied in lieu of formal parity
change, (2) domestic currency is overvalued at the current parity plus trade tariffs and
subsidies, implying a premium on imports.
Phase III: In this phase, attempts are made to systematize the change introduced
during the previous phase. It may consist of a mere "tidying-up" operation directed at
replacing the diverse import premiums by reasonably uniform tariffs such that the
differential incentive effects caused by diverse premiums on different imports are
greatly reduced or virtually eliminated.
Alternatively, the tidying-up operations may replace the existing tariffs and export
subsidies with a formal parity change, the result being that the effective exchange
rates on exports and imports do not change much but the dispersion of tariffs is
replaced by uniform devaluation.
On the other hand, Phase III may take the form of a devaluation cum liberalization
package. Such a package may have a gross devaluation large enough to leave a net
devaluation despite the removal of trade tariffs and subsidies, and measure of import
liberalization.
Phase IV: The continued liberalization in Phase III leads to the emergence of Phase
IV. There will be consistent decline in QR and import tariffs. The effective exchange
rate for exports will come closer to the effective exchange rate for imports.
Phase V: The transition into Phase V occurs when the exchange regime is virtually
liberalized. There will be full convertibility on current account and quantitative
restrictions will not be employed as a means of regulating the balance of payments.
Thus, Phase V represents a total alternative to the QR regimes of Phases I and II. The
pegged and exchange rate will be at its equilibrium level and a flexible exchange rate
policy will be in. operation.
The application of these phases to the exim policies of India since independence
would help to understand the policy developments in a proper perspective.
Activity 1
Develop a ease study for a hypothetical developing country which could pass through
Phase I to Phase V (Analytical phases of Bhagwati and Krueger) in its foreign trade
regime, in the process of economic development.
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                                                                                           7
…………………………………………………………………………………………
Policy Framework and
Procedural Aspects     ………………………………………………………………………………………….

                       7.4       INDIA'S EXIM POLICY : PHASES OF CHANGES
                       In the early fifties (1950-56) there was a rough equilibrium in the balance of
                       payments, with import demand more or less equaling export earnings. During this
                       period, there was no clear exim policy and import restrictions of any kind were not in
                       use. The conditions were, more or less, similar to Phase IV.
                       In the second half of the fifties (1956-61), due to heavy industry oriented industrial
                       planning, the rapid rise in imports put pressure on India's balance of payments. The
                       Government imposed quantitative restrictions were selective so as to encourage the
                       development of particular industries through import licenses. Import substitution was
                       stimulated while exports were not considered a line of activity to be stimulated. Thus,
                       this period resembled the characteristics of Phase I.
                       In the early sixties (1961-66) quantitative restrictions for imports continued. At the
                       same time, efforts were made to boost exports by creating a favourable atmosphere to
                       export industries, diversification of export markets and the development of export
                       support services. Export subsidisation was introduced in 1962 primarily to offset the
                       penalties that quantitative restrictions imposed, in effect, on exports. This period
                       could be classified under Phase II.
                       The economy entered Phase III in the second half of the 60s (1966-68) with a
                       devaluation in dune 1966 to systematize and rationalise the export incentive system.
                       At the same time, export subsidies were reduced, export duties imposed, and import
                       duties were reduced. The net devaluation after allowing for these changes was, on an
                       average, less than the gross devaluation of 57.5 percent and varied among
                       commodities. According to Bhagwati and Srinivasan, the total net devaluation on the
                       trade account was 21.6 percent for exports and 42.3 percent for imports.
                       Consequently, the net effect was a further stimulation of import substitution over
                       export production.
                       At the end of sixties up to the mid seventies (1968-75) the hesitant steps towards
                       liberalisation introduced with devaluation were abandoned. The country moved back
                       to Phase II. Export subsidies were reinstated and augmented. Import policy became
                       increasingly restrictive and complex. This was due to various shocks which the
                       economy experienced such as (1) refugee inflow due to Bangladesh war in 1971 (2)
                       stagnant agricultural production resulting out of adverse weather conditions, (3) oil-
                       price hike shock of 1973, etc.
                       The foreign exchange reserves position improved in the latter half of the 70s, due to :
                       •     increased remittance from Indians working in West Asia,
                       •     improved agricultural production and
                       •     decline in public investment.
                       The net result was a relaxation in the severity of import control regime during 1975-
                       85, signifying the re-entry into Phase III. Import allocation rules were made simpler.
                       Protective quotas, however, remained intact and domestic industry continued to be
                       completely shielded from import competition.
                       In April 1985, in a significant departure, the Government announced new Export-
                       Import Policy for a period of three years. The objectives was to bring some stability
                       to the policy and thereby reduce the uncertainty about year to year changes that
                       exporters and importers faced. However, in reality, this did not restrain the
                       Government from announcing changes in the exim policy from time to time.
                       Although the stringency of the import regime did not dilute substantially, the two
                       three-year policies (i.e. Exim polices of 1985-88 and 1988-91), did represent some
                       major simplifications. In particular, the number of items in the category of Open
                       General Licence (OGL) for capital goods imports increased from nil in 1975 to over
    8                  1,100 items in the 1988-91 policy. Similarly,
many intermediate goods were put in the OGL category. Thus policy changes that             India’s Export-
occurred in the latter half of the 80s till 1991 (1986-91) characterized the continuance    Import Policy
of Phase III, which began in 1975.
However, it was since 1991 that radical changes were introduced in India's exim
policy. There has been a gradual and steady curtailment of import tariffs and
liberalization of quantitative restrictions. All these signify that India has entered
Phase IV with regard to the foreign trade regime.

7.5     EXPORT IMPORT POLICY 2002-2007: OBJECTIVES
This policy came into force with effect from 151 April, 2002 and shall remain in force
upto 31st March 2007 and will be co-terminus with the Tenth Five Year Plan (2002-
2007) The principal objectives, of this Policy are :

(i) To facilitate sustained growth in exports to attain a share of atleast 1% of global
merchandise trade

(ii) To stimulate sustained economic growth by providing access to essential raw
materials, intermediates, components, consumables and capital goods required for
augmenting production and providing services.

(iii) To enhance the technological strength and efficiency of Indian agriculture,
industry and services, thereby improving their competitive strength while generating
new employment opportunities, and to encourage the attainment of internationally
accepted standards of quality.

(iv) To provide consumers with good quality goods and services at internationally
competitive prices while at the same time creating a level playing field for the
domestic producers.

Some key provisions of the EXIM Policy 2002-2007 have been given in Sections 7.6
- 7.10.

Activity-2

Visit any company engaged in Export/Import activities and find out the impact of the
EXIM Policy on its business

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7.6     GENERAL PROVISIONS REGARDING IMPORTS..
        AND EXPORTS
Some of the general provisions regarding imports and exports as outlined in the
policy are as given below :

(a) Exports and Imports free unless regulated: Exports and Imports shall be free,
except in cases where they are regulated by the provisions of this Policy or any other
law for the time being in force.
(b) Importer-Exporter Code Number : No export or import shall be made by any
person without an Importer-Exporter Code (IEC).number unless specifically
exempted. An Importer-Exporter Code (IEC) number is granted on application by the
competent authority in accordance with the procedure specified in the Handbook of
Procedures (Vol. I ).
(c) Actual User Condition: Capital goods, raw materials, intermediates, components,        9
Policy Framework and
Procedural Aspects     consumables, spares, parts, accessories, instruments and other goods, which are
                       importable without any restriction, may be imported by any person. However, if such
                       imports require a licence/certificate/ permission, the actual user alone may import
                       such goods unless the actual user condition is specifically dispensed with by the
                       licensing authority
                       (d) Export of Imported Goods: Goods imported, in accordance with this Policy,
                       can be exported in the same or substantially the same form without a
                       licence/certificate/ permission provided that the item to be imported or exported is
                       not mentioned as restricted for import or export. Exports of such goods imported
                       against payment in freely convertible currency is permitted against payment in freely
                       convertible currency.
                       (e) Free movement of export goods: Consignments of items meant for exports shall
                       not be withheld / delayed for any reason by any agency of the Central/ State
                       Government. In case of any doubt, the authorities concerned may ask for an
                       undertaking from the exporter.
                       (f) Registration-cum-Membership Certificate: Any person, applying for (i) a
                       licence/ certificate/ permission to import/ export, [except items listed as restricted
                       items] or (ii) any other benefit or concession under this policy shall be required to
                       furnish Registration-cum-Membership Certificate (RCMC) granted by the competent
                       authority in accordance with the procedure specified in the Handbook of Procedures
                       (Vol.]) unless specifically exempted under the Policy.
                       Activity-3
                       Log on to the website of Directorate General of Foreign Trade (DGFT) -
                       dgft.delhi.nic.in - and find out the procedures for obtaining IEC number and RCMC.
                       …………………………………………………………………………………………
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                       7.7      PROMOTIONAL MEASURES
                       Some of the key promotional measures undertaken by the Government under this
                       policy are as given below
                       (a) Central Assistance to States : The State Governments are encouraged to fully
                       participate in encouraging exports from their respective states. For this purpose,
                       suitable provisions are made in the Annual Plan of the Department of Commerce for
                       allocation of funds to the states on the twin criteria of gross exports and the rate of
                       growth of exports from different states. The States utilise this amount for developing
                       complementary and critical 'infrastructure such as roads connecting production
                       centres with the ports, setting up of Inland Container Depots and Container Freight
                       Stations, creation of new State level export promotion industrial parks/zones,
                       augmenting common facilities in the existing zones, equity participation in
                       infrastructure projects and any other activities as may be notified by DGFT from time
                       to time.
                       (b) Market Access Initiative :Financial assistance is made available under the
                       scheme to the export promotion councils, industry and trade associations and other
                       eligible entities, as may be notified from time to time, on the basis of the competitive
                       merits of proposals received in this regard for the following purposes which inter-alia
                       includes:-
                       • Marketing studies on country product focus approach basis.
                       •     Setting up of common showrooms under one roof and warehousing facility in the
                             identified centres on the basis of marketing studies in important cities abroad.
                       •     Participation in sales promotion campaigns through international departmental
                             stores.
    10                 •     Publicity campaign for launching identified products in selected markets.
•     Participation in international trade fairs, seminars, buyers sellers meet.          India’s Export-
                                                                                           Import Policy
•     Promotion of select brands.
•     Transport subsidies for select agriculture products.
•     Registration charges for product registration abroad for pharmaceuticals, bio-
      technology and agro chemicals and testing charges for engineering products.
•     Inland freight subsidies for units located in North East, Sikkim and Jammu
      &Kashmir.
•     Setting up of "business centre" in Indian missions abroad for visiting Indian
      exporters/businessmen.
(c) Brand Promotion and Quality : The Central Government aims to encourage
manufacturers and exporters to attain internationally accepted standards of quality for
their products. The Central Government extends support and assistance to trade and
industry to launch a nationwide programme on quality awareness and to promote the
concept of total quality management.
(d) Status Certificate: Merchant as well as Manufacturer Exporters, Service
Providers, Export Oiented Units (EOU's)/ Units Located In Export Processing Zones
(EPZ's)/ Special Economic Zones (SEZ's) / Agri Export Zone (AEZ's)/ Electronic
Hardware Technology Parks (EHTPs)/ Software Technology Parks (STPs) shall be
eligible for such recognition.

The applicant is required to achieve the prescribed average export performance level:
Category                Average FOB/ FOR value            FOB/ FOR during the
                        during the preceding three        current licencing year
                        licencing years (in Rupees)       (in Rupees)
Export House            15 crore                          45 crore
Trading House           100 crore                         300 crore
StarTrading House 500 crore                               1500 crore
SuperStar Trading 2000 crore                              6000 crore
House
The status holders are eligible for the following special facilities:
•     Licence/certificate/permissions and Customs clearances for both imports and
      exports on self declaration basis;
•     Fixation of Input-Output norms on priority;
•     Priority finance for medium and long term capital requirement as per conditions
      notified by RBI;
•     Exemption from compulsory negotiation of documents .through banks. The
      remittance, however, would continue to be received through banking channels;
•     100% retention of foreign exchange in EEFC account;
•     Enhancement in normal repatriation period from 180 days to 360 days.
(e) Electronic Data Interchange: In an attempt to speed up the transactions, reduce
physical interface and to bring about transparency in various activities related to
exports, electronic data interchange is encouraged. Applications received
electronically are cleared within 24 hours.

7.8       DUTY EXEMPTION/REMISSION SCHEME
The Duty Exemption Scheme enables duty free import of inputs required for export
production. An Advance Licence is issued under Duty Exemption Scheme. The Duty
Remission Scheme enables post export replenishment/ remission of duty on inputs
used in                                                                                   11
Policy Framework and
Procedural Aspects     the export product. Duty Remission scheme consist of (a) DFRC and (b) DEPB.
                       DFRC permits duty free replenishment used in the export product. The DEPB
                       scheme allows drawback of import charges on inputs used in the export product.
                       (a) Advance Licence : An Advance Licence is issued to allow duty free import of
                       inputs, which are physically incorporated in the export product (making normal
                       allowance for wastage). In addition, fuel, oil, energy, catalysts, etc. which are
                       consumed in the course of their use to obtain they export product, may also be
                       allowed under the scheme. Duty free import of mandatory spares upto 10% of the C1
                       F value of the licence which are required to be exported/ supplied with the resultant
                       product may also be allowed under Advance Licence. Advance Licence can be issued
                       for:-
                       •     Physical exports
                       •     Intermediate supplies
                       •     Deemed exports
                       (b) Duty Free Replenishment Certificate (DFRC): DFRC is issued to a merchant-
                       exporter or manufacturer-exporter for the import of inputs used in the manufacture of
                       goods without payment of basic custom:.; duty, and special additional duty.
                       However, such inputs are subject to the payment of additional customs duty equal to
                       the excise duty at the time of import.
                       (c) Duty Entitlement Passbook Scheme (DEPB): The objective of DEPB is to
                       neutralise the incidence of Customs duty on the import content of the export product.
                       The neutralisation is provided by way of grant of duty credit against the export
                       product.

                       7.9       EXPORT PROMOTION CAPITAL GOODS SCHEME
                       (a) EPCG Scheme: The scheme allows import of new capital goods including
                       CKD/SKD thereof as well as computer software systems at 5% Customs duty subject
                       town export obligation equivalent to 5 times CIF value of capital goods to be fulfilled
                       over a period of 8 years reckoned from the issuance of licence over a period of 8
                       years.
                       However, in respect of EPCG licences for Rs. 100 crone or more, the same export
                       obligation shall be required to be fulfilled over a period of 12 years.
                       The capital goods include jigs, fixtures, dies and moulds. Spares can also be imported
                       under the scheme upto 20% of the CIF value of capital goods. EPCG licence may
                       also be issued for import of components of such capital goods required for assembly
                       or manufacture of capital goods by the licence holder.
                       (b) Eligibility : The scheme covers manufacturer exporters with or without
                       supporting manufacturer(s)/vendor(s), merchant exporters tied to supporting
                       manufacturer(s) and. service providers.
                       (c) Conditions for Import of Capital Goods: Import of capital goods is subject to
                       Actual User condition till the export obligation is completed.

                       7.10 EXPORT ORIENTED UNITS (EOUs), UNITS IN
                            EXPORT PROCESSING ZONES (EPZs),
                            ELECTRONICS HARDWARE TECHNOLOGY
                            PARKS (EHTPs) AND SOFTWARE TECHNOLOGY
                            PARKS (STPs)
                       (a) Eligibility: Units undertaking to export their entire production of goods and
                       services may be set up under the Export Oriented Unit (EOQ) Scheme, Export
                       Processing Zone -(E-,P-Z)-Scheme, Electronic Hardware Technology Park (EHTP)
    12                 Scheme or Software
Technology Park (STP) Scheme. Such units may be engaged in manufacture,                     India’s Export-
services, repair; remaking, reconditioning, re-engineering including making of gold/         Import Policy
silver/ platinum jewellery and articles thereof, agriculture, including agro-processing,
aquaculture, animal husbandry, bio-technology, floriculture, horticulture, pi
sciculture, viticulture, poultry, sericulture and granites and may export all products ex
cept restricted and prohibited items of exports. Units for generation/distribution of
power may also set up in EPZs. No trading units are permitted.
(b) Export and import of goods:
(i)    An EOU/EPZ/EHTP/STP unit may export goods and services including agro-
       products, partly processed jewellery, sub-assemblies and components. It may
       also export by-products, rejects, waste scrap arising out of the production
       process.
(ii)   An EOU/EPZ/EHTP/STP unit may import without payment of duty all types of
       goods, including capital goods, required by it for its activities as mentioned
       above or in connection therewith, provided they are not prohibited items of
       imports. The units shall also be permitted to import goody, required for the
       approved activity, including capital goods, free of cost or on loan from clients.
(iii) Second hand capital goods may also be imported without payment of duty.

7.11 DEEMED EXPORTS
"Deemed Exports" refers to those transactions it which the goods supplied do not
leave the country.
The following categories of supply of goods by the main/ sub-contractors are
regarded as "Deemed Exports" under this Policy, provided the goods are
manufactured in India:
(a)      Supply of goody, against Advance Licence/DFRC under the Duty Exemption
         / Remission Scheme.
(b)      Supply of goods to Export Oriented Units (EOL's) or units located in Export
         Processing Zones (EPZs) or Special Economic Zone (SEZs) or Software
         Technology Parks (STPs) or Electronic Hardware Technology Parks
         (EHTPs);
(c)      Supply of capital goods to holders of licences under the Export Promotion
         Capital Goods (EPCO) scheme;
(d)      Supply of goods to projects financed by multilateral or bilateral
         agencies/funds as notified by the Department of Economic Affairs, Ministry
         of Finance under International Competitive Bidding in accordance with the
         procedures of those agencies/funds, where the legal agreements provide for
         tender evaluation without including the customs duty;
(e)      Supply of capital goods, including in unassembled/ disassembled condition
         as well as plants, machinery, accessories, tools, dies and such goods which
         are used for installation purposes till the stage of commercial production and
         spares to the extent of 10% of the FOR value to fertiliser plants.
(f)      Supply of goods to any project or purpose in respect of which the Ministry of
         Finance, by a notification, permits the import of such goods at zero customs
         duty coupled with the extension of benefits under this chapter to domestic
         supplies;
(g)      Supply of goods to the power and refineries not covered in (0 above.
(h)      Supply of marine freight containers by 100% EOU (Domestic freight -
         containers manufacturers) provided the said containers are exported out of
         India within 6 months or such further period as permitted by the Customs.          13
Policy Framework and
Procedural Aspects     (i) Supply to projects funded by UN agencies.

                       (j) Supply of goods to nuclear power projects through competitive bidding as
                       opposed to international competitive bidding.

                       The benefits of deemed exports are available under paragraph (d), (e), (f) and
                       (9) above only if the supply is made under the procedure of International
                       Competitive Bidding (ICB).

                       Deemed exports are eligible for any/all of the following benefits in respect of
                       manufacture and supply of goods qualifying as deemed exports subject to the terms
                       and conditions as given in Handbook (Vol. I):-

                       (a)   Advance Licence for intermediate supply/ deemed export.

                       (b)   Deemed Exports Drawback.

                       (c)   Refund of Terminal Excise duty.

                       Full text of the EXIM POLICY 2002-2007 as well as the Handbook of Procedures is
                       available on DGFT website dgft.delhi.nic.in. For details you may visit this website.

                       7.12 SUMMARY
                       In this unit we have discussed the role of EXIM Policy in a nation's economy. There
                       are different phases with reference to the EXIM Policy of a country. J.N. Bhagwati
                       and A. Krueger have identified five such phases. The unit elaborates on the phases of
                       changes in India's Exim Policy which have taken place over last five decades. The
                       current Export Import Policy (2002-2007) carne into force with effect from 1st April
                       2002 and shall remain in force for a period of five years i.e. upto 31st March 2007.
                       The unit has discussed objectives and various key aspects of this policy. (Though this
                       policy is valid for a period of 5 years, some changes are made by the Government
                       over period of time keeping in view the economic conditions and industry's demand)

                       7.13 SELF-ASSESSMENT QUESTIONS
                       1.    Briefly discuss the broad changes that have taken place in India's EXIM Policy
                             since independence.

                       2.    What is the eligibility criteria for granting Export House, Trading House, Star
                             Trading House and Super Star Trading House?

                       3.    Briefly explain the EPCG scheme as envisaged in the current Export Import
                             Policy.

                       4.    What do you understand by "Deemed Exports? What benefits are available for
                             such exports?

                       7.14 FURTHER READINGS
                       Govt. of India Publications (i) Export Import Policy. 2002-2007 (U) Handbook of
                       Procedures

                       Paras Ram, Export: What, Where, How, Anupam Publishers, Delhi




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India's exim policy

  • 1. India’s Export- UNIT 7 INDIA'S EXPORT – IMPORT Import Policy POLICY Objectives This unit helps you to understand : • What is trade policy • Kinds of trade policy • Phases of liberalization in trade policies in the process of economic development • Trends in India's exim policies • Salient features of Current Export - Import Policy (2002-07) Structure 7.1 Introduction 7.2 India's Exim Policy : A Backdrop 7.3 The Foreign Trade Regime: Analytical Phases and Changes Over Time 7.4 India's Exim Policy : Phases of Changes 7.5 Export Import Policy 2002-07 : Objectives 7.6 General Provision Regarding Imports and Exports 7.7 Promotional Measures 7.8 Duty Exemption / Remission Scheme 7.9 Export Promotion Capital Goods Scheme 7.10 EOUs, EPZs, EHTPs, STPs 7.11 Deemed Exports 7.12 Summary 7.13 Self-Assessment Questions 7.14 Further Readings 7.1 INTRODUCTION Export-Import (EXIM) Policy alternatively known as Trade Policy, refers to Policies adopted by a country with reference to exports and imports. Trade; Policy can be free trade policy or protective trade policy. A free trade is one which does not impose any restriction on the exchange of goods and services between different countries. A free trade policy involves complete absence of tariffs, quotas, exchange restrictions, taxes and subsidies on production, factor use and consumption. Though free trade, theoretically, offers several advantages, in reality, particularly underdeveloped countries were at a disadvantage in such a system of international trade. As a result, in the early 20th century, international economy saw the emergence of protective trade policies. A protective trade policy pursued by a country seeks to maintain a system of trade restrictions with the objective of protecting the domestic economy from the competition of foreign products. Protective trade policy constituted an important plank in the commercial policies of underdeveloped countries during the 50s, 60s, and 70s and to some extent in the 80s. Many of the underdeveloped countries continue to have protective trade policies even today. Trade policies may be outward looking or inward looking. An outward looking trade policy encourages not only free trade but also the free movement of capital, workers, enterprises and students, a welcome to the multinational enterprises, and an open system of communications. An inward looking trade 5
  • 2. Policy Framework and Procedural Aspects policy stresses the need for a country to evolve its own style of development and to be the master of its own fate, with restrictions on the movement of goods, services and people in and out of the country. An inward looking trade Policy encourages the development of indigenous technologies appropriate to a country's resource endowment. Given these, a developing country may adopt commodity specific trade polices such as the following : 1. Primary outward looking polices: Aimed at encouraging agricultural and raw material exports 2. Secondary outward looking policies: Aimed at promoting manufactured exports 3. Primary inward looking polices: Objective is to achieve agricultural self sufficiency 4. Secondary inward looking polices: Objective is attaining manufactured commodity self-sufficiency through import substitution. Trade Policy will strongly influence the direction, trend and growth of foreign trade of a country. This, in turn, will have a bearing on the economic development process. Therefore, trade policy is an important economic instrument which can be used by a country, with suitable modifications from time to time, to achieve its long-term objectives. 7.2 INDIA'S EXIM POLICY : A BACKDROP India's experience of the colonial past had major influence on exim policy in the initial decades after independence. India's strategy towards, trade policy was driven by perceived foreign exchange scarcities and the desire to ensure that scarce foreign exchange is used only for essential purposes for economic development. Industrialisation and self-sufficiency in essential commodities were the important objectives of India's trade policy. This was because it was felt that dependence on other, more powerful countries for imports of essential commodities would lead to political dependence on them as well. This was succinctly brought out by the National Planning Committee (NPC) in 1946 set up the Indian National Congress, under the Chairmanship of Pt. Jawaharlal Nehru. "In the context of the modem world, no country can be politically and economically independent, even within the framework of international interdependence, unless it is highly industrialized and has developed its power resources to the utmost Nor can it achieve or maintain high standards of living and liquidate poverty without the aid of modern technology in almost every sphere of life. An industrially backward country will continually upset the world equilibrium and encourage the aggressive tendencies of more developed countries. Even if it retains its political independence, this will be nominal only and economic control will tend to pass to others". Earlier the NPC had said that, "The objective of the country as a whole was the attainment, as far as possible, of national self-sufficiency. International trade was certainly not excluded, but we were anxious to avoid being drawn into the whirlpool of economic imperialism." These laid the broad framework for the formulation of EXIM policy in the subsequent years. On the whole, import substitution and protection to domestic industrialization through a system of tariff and non-tariff controls became highlights of India's EXIM Policy for the most of the period during 1950-51 to 1990-91. Since 1990-91, however, radical changes have been introduced. 7.3 THE FOREIGN TRADE REGIME: ANALYTICAL PHASES AND CHANGES OVER TIME J.N. Bhagwati and A Krueger, in their comparative analysis of the impact of foreign trade regime and economic development in a number of countries , defined a set of analytical phases with reference to the EXIM policy of a country. These phases in the foreign trade regime were designed essentially as a classificatory and descriptive device to capture meaningfully the evolution of foreign trade regime in terms of its restrictionist content and the dimensions and patterns of its use of control `and price instruments. There are broadly five phases which are as follows : Phase I: Characterised by the systematic and significant imposition of quantitative restrictions (QR). It might start in-response to an unsustainable balance of payments 6 deficit.
  • 3. Throughout Phase I, controls are generally maintained and often intensified. India’s Export- Import Policy Phase II: Characterised by continued reliance upon quantitative restrictions and generally increased restrictiveness of the entire control system. Phase II is distinguished by two additional and related aspects of the QR system, both relatively unimportant during Phase I: (1) The detailed workings of the control system become increasingly complex, and (2) Price measures are adopted to buttress the functioning of the control system. Both these characteristics of Phase II arise from dissatisfaction with the results of an undifferentiated system and are often the result of many small decisions rather than an overall policy design. Price measures are introduced to both exports and imports. The continuation or intensification of foreign exchange shortage leads to the recognition that additional export earnings would be desirable. Rebate schemes, import replenishment schemes, special credits for exporters, and a variety of other devices may be instituted that offset part or all the discrimination against exports implicit in an overvalued exchange rate. As for imports, price measures are also adopted to absorb part of the excess demand for imports. Tariffs may be increased or surcharges added to the cost of importing. The following aspects of the price situation in Phase II are then evident: (1) the exchange parity is overlaid by tariffs and subsidies, levied in lieu of formal parity change, (2) domestic currency is overvalued at the current parity plus trade tariffs and subsidies, implying a premium on imports. Phase III: In this phase, attempts are made to systematize the change introduced during the previous phase. It may consist of a mere "tidying-up" operation directed at replacing the diverse import premiums by reasonably uniform tariffs such that the differential incentive effects caused by diverse premiums on different imports are greatly reduced or virtually eliminated. Alternatively, the tidying-up operations may replace the existing tariffs and export subsidies with a formal parity change, the result being that the effective exchange rates on exports and imports do not change much but the dispersion of tariffs is replaced by uniform devaluation. On the other hand, Phase III may take the form of a devaluation cum liberalization package. Such a package may have a gross devaluation large enough to leave a net devaluation despite the removal of trade tariffs and subsidies, and measure of import liberalization. Phase IV: The continued liberalization in Phase III leads to the emergence of Phase IV. There will be consistent decline in QR and import tariffs. The effective exchange rate for exports will come closer to the effective exchange rate for imports. Phase V: The transition into Phase V occurs when the exchange regime is virtually liberalized. There will be full convertibility on current account and quantitative restrictions will not be employed as a means of regulating the balance of payments. Thus, Phase V represents a total alternative to the QR regimes of Phases I and II. The pegged and exchange rate will be at its equilibrium level and a flexible exchange rate policy will be in. operation. The application of these phases to the exim policies of India since independence would help to understand the policy developments in a proper perspective. Activity 1 Develop a ease study for a hypothetical developing country which could pass through Phase I to Phase V (Analytical phases of Bhagwati and Krueger) in its foreign trade regime, in the process of economic development. ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… 7 …………………………………………………………………………………………
  • 4. Policy Framework and Procedural Aspects …………………………………………………………………………………………. 7.4 INDIA'S EXIM POLICY : PHASES OF CHANGES In the early fifties (1950-56) there was a rough equilibrium in the balance of payments, with import demand more or less equaling export earnings. During this period, there was no clear exim policy and import restrictions of any kind were not in use. The conditions were, more or less, similar to Phase IV. In the second half of the fifties (1956-61), due to heavy industry oriented industrial planning, the rapid rise in imports put pressure on India's balance of payments. The Government imposed quantitative restrictions were selective so as to encourage the development of particular industries through import licenses. Import substitution was stimulated while exports were not considered a line of activity to be stimulated. Thus, this period resembled the characteristics of Phase I. In the early sixties (1961-66) quantitative restrictions for imports continued. At the same time, efforts were made to boost exports by creating a favourable atmosphere to export industries, diversification of export markets and the development of export support services. Export subsidisation was introduced in 1962 primarily to offset the penalties that quantitative restrictions imposed, in effect, on exports. This period could be classified under Phase II. The economy entered Phase III in the second half of the 60s (1966-68) with a devaluation in dune 1966 to systematize and rationalise the export incentive system. At the same time, export subsidies were reduced, export duties imposed, and import duties were reduced. The net devaluation after allowing for these changes was, on an average, less than the gross devaluation of 57.5 percent and varied among commodities. According to Bhagwati and Srinivasan, the total net devaluation on the trade account was 21.6 percent for exports and 42.3 percent for imports. Consequently, the net effect was a further stimulation of import substitution over export production. At the end of sixties up to the mid seventies (1968-75) the hesitant steps towards liberalisation introduced with devaluation were abandoned. The country moved back to Phase II. Export subsidies were reinstated and augmented. Import policy became increasingly restrictive and complex. This was due to various shocks which the economy experienced such as (1) refugee inflow due to Bangladesh war in 1971 (2) stagnant agricultural production resulting out of adverse weather conditions, (3) oil- price hike shock of 1973, etc. The foreign exchange reserves position improved in the latter half of the 70s, due to : • increased remittance from Indians working in West Asia, • improved agricultural production and • decline in public investment. The net result was a relaxation in the severity of import control regime during 1975- 85, signifying the re-entry into Phase III. Import allocation rules were made simpler. Protective quotas, however, remained intact and domestic industry continued to be completely shielded from import competition. In April 1985, in a significant departure, the Government announced new Export- Import Policy for a period of three years. The objectives was to bring some stability to the policy and thereby reduce the uncertainty about year to year changes that exporters and importers faced. However, in reality, this did not restrain the Government from announcing changes in the exim policy from time to time. Although the stringency of the import regime did not dilute substantially, the two three-year policies (i.e. Exim polices of 1985-88 and 1988-91), did represent some major simplifications. In particular, the number of items in the category of Open General Licence (OGL) for capital goods imports increased from nil in 1975 to over 8 1,100 items in the 1988-91 policy. Similarly,
  • 5. many intermediate goods were put in the OGL category. Thus policy changes that India’s Export- occurred in the latter half of the 80s till 1991 (1986-91) characterized the continuance Import Policy of Phase III, which began in 1975. However, it was since 1991 that radical changes were introduced in India's exim policy. There has been a gradual and steady curtailment of import tariffs and liberalization of quantitative restrictions. All these signify that India has entered Phase IV with regard to the foreign trade regime. 7.5 EXPORT IMPORT POLICY 2002-2007: OBJECTIVES This policy came into force with effect from 151 April, 2002 and shall remain in force upto 31st March 2007 and will be co-terminus with the Tenth Five Year Plan (2002- 2007) The principal objectives, of this Policy are : (i) To facilitate sustained growth in exports to attain a share of atleast 1% of global merchandise trade (ii) To stimulate sustained economic growth by providing access to essential raw materials, intermediates, components, consumables and capital goods required for augmenting production and providing services. (iii) To enhance the technological strength and efficiency of Indian agriculture, industry and services, thereby improving their competitive strength while generating new employment opportunities, and to encourage the attainment of internationally accepted standards of quality. (iv) To provide consumers with good quality goods and services at internationally competitive prices while at the same time creating a level playing field for the domestic producers. Some key provisions of the EXIM Policy 2002-2007 have been given in Sections 7.6 - 7.10. Activity-2 Visit any company engaged in Export/Import activities and find out the impact of the EXIM Policy on its business ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… 7.6 GENERAL PROVISIONS REGARDING IMPORTS.. AND EXPORTS Some of the general provisions regarding imports and exports as outlined in the policy are as given below : (a) Exports and Imports free unless regulated: Exports and Imports shall be free, except in cases where they are regulated by the provisions of this Policy or any other law for the time being in force. (b) Importer-Exporter Code Number : No export or import shall be made by any person without an Importer-Exporter Code (IEC).number unless specifically exempted. An Importer-Exporter Code (IEC) number is granted on application by the competent authority in accordance with the procedure specified in the Handbook of Procedures (Vol. I ). (c) Actual User Condition: Capital goods, raw materials, intermediates, components, 9
  • 6. Policy Framework and Procedural Aspects consumables, spares, parts, accessories, instruments and other goods, which are importable without any restriction, may be imported by any person. However, if such imports require a licence/certificate/ permission, the actual user alone may import such goods unless the actual user condition is specifically dispensed with by the licensing authority (d) Export of Imported Goods: Goods imported, in accordance with this Policy, can be exported in the same or substantially the same form without a licence/certificate/ permission provided that the item to be imported or exported is not mentioned as restricted for import or export. Exports of such goods imported against payment in freely convertible currency is permitted against payment in freely convertible currency. (e) Free movement of export goods: Consignments of items meant for exports shall not be withheld / delayed for any reason by any agency of the Central/ State Government. In case of any doubt, the authorities concerned may ask for an undertaking from the exporter. (f) Registration-cum-Membership Certificate: Any person, applying for (i) a licence/ certificate/ permission to import/ export, [except items listed as restricted items] or (ii) any other benefit or concession under this policy shall be required to furnish Registration-cum-Membership Certificate (RCMC) granted by the competent authority in accordance with the procedure specified in the Handbook of Procedures (Vol.]) unless specifically exempted under the Policy. Activity-3 Log on to the website of Directorate General of Foreign Trade (DGFT) - dgft.delhi.nic.in - and find out the procedures for obtaining IEC number and RCMC. ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… 7.7 PROMOTIONAL MEASURES Some of the key promotional measures undertaken by the Government under this policy are as given below (a) Central Assistance to States : The State Governments are encouraged to fully participate in encouraging exports from their respective states. For this purpose, suitable provisions are made in the Annual Plan of the Department of Commerce for allocation of funds to the states on the twin criteria of gross exports and the rate of growth of exports from different states. The States utilise this amount for developing complementary and critical 'infrastructure such as roads connecting production centres with the ports, setting up of Inland Container Depots and Container Freight Stations, creation of new State level export promotion industrial parks/zones, augmenting common facilities in the existing zones, equity participation in infrastructure projects and any other activities as may be notified by DGFT from time to time. (b) Market Access Initiative :Financial assistance is made available under the scheme to the export promotion councils, industry and trade associations and other eligible entities, as may be notified from time to time, on the basis of the competitive merits of proposals received in this regard for the following purposes which inter-alia includes:- • Marketing studies on country product focus approach basis. • Setting up of common showrooms under one roof and warehousing facility in the identified centres on the basis of marketing studies in important cities abroad. • Participation in sales promotion campaigns through international departmental stores. 10 • Publicity campaign for launching identified products in selected markets.
  • 7. Participation in international trade fairs, seminars, buyers sellers meet. India’s Export- Import Policy • Promotion of select brands. • Transport subsidies for select agriculture products. • Registration charges for product registration abroad for pharmaceuticals, bio- technology and agro chemicals and testing charges for engineering products. • Inland freight subsidies for units located in North East, Sikkim and Jammu &Kashmir. • Setting up of "business centre" in Indian missions abroad for visiting Indian exporters/businessmen. (c) Brand Promotion and Quality : The Central Government aims to encourage manufacturers and exporters to attain internationally accepted standards of quality for their products. The Central Government extends support and assistance to trade and industry to launch a nationwide programme on quality awareness and to promote the concept of total quality management. (d) Status Certificate: Merchant as well as Manufacturer Exporters, Service Providers, Export Oiented Units (EOU's)/ Units Located In Export Processing Zones (EPZ's)/ Special Economic Zones (SEZ's) / Agri Export Zone (AEZ's)/ Electronic Hardware Technology Parks (EHTPs)/ Software Technology Parks (STPs) shall be eligible for such recognition. The applicant is required to achieve the prescribed average export performance level: Category Average FOB/ FOR value FOB/ FOR during the during the preceding three current licencing year licencing years (in Rupees) (in Rupees) Export House 15 crore 45 crore Trading House 100 crore 300 crore StarTrading House 500 crore 1500 crore SuperStar Trading 2000 crore 6000 crore House The status holders are eligible for the following special facilities: • Licence/certificate/permissions and Customs clearances for both imports and exports on self declaration basis; • Fixation of Input-Output norms on priority; • Priority finance for medium and long term capital requirement as per conditions notified by RBI; • Exemption from compulsory negotiation of documents .through banks. The remittance, however, would continue to be received through banking channels; • 100% retention of foreign exchange in EEFC account; • Enhancement in normal repatriation period from 180 days to 360 days. (e) Electronic Data Interchange: In an attempt to speed up the transactions, reduce physical interface and to bring about transparency in various activities related to exports, electronic data interchange is encouraged. Applications received electronically are cleared within 24 hours. 7.8 DUTY EXEMPTION/REMISSION SCHEME The Duty Exemption Scheme enables duty free import of inputs required for export production. An Advance Licence is issued under Duty Exemption Scheme. The Duty Remission Scheme enables post export replenishment/ remission of duty on inputs used in 11
  • 8. Policy Framework and Procedural Aspects the export product. Duty Remission scheme consist of (a) DFRC and (b) DEPB. DFRC permits duty free replenishment used in the export product. The DEPB scheme allows drawback of import charges on inputs used in the export product. (a) Advance Licence : An Advance Licence is issued to allow duty free import of inputs, which are physically incorporated in the export product (making normal allowance for wastage). In addition, fuel, oil, energy, catalysts, etc. which are consumed in the course of their use to obtain they export product, may also be allowed under the scheme. Duty free import of mandatory spares upto 10% of the C1 F value of the licence which are required to be exported/ supplied with the resultant product may also be allowed under Advance Licence. Advance Licence can be issued for:- • Physical exports • Intermediate supplies • Deemed exports (b) Duty Free Replenishment Certificate (DFRC): DFRC is issued to a merchant- exporter or manufacturer-exporter for the import of inputs used in the manufacture of goods without payment of basic custom:.; duty, and special additional duty. However, such inputs are subject to the payment of additional customs duty equal to the excise duty at the time of import. (c) Duty Entitlement Passbook Scheme (DEPB): The objective of DEPB is to neutralise the incidence of Customs duty on the import content of the export product. The neutralisation is provided by way of grant of duty credit against the export product. 7.9 EXPORT PROMOTION CAPITAL GOODS SCHEME (a) EPCG Scheme: The scheme allows import of new capital goods including CKD/SKD thereof as well as computer software systems at 5% Customs duty subject town export obligation equivalent to 5 times CIF value of capital goods to be fulfilled over a period of 8 years reckoned from the issuance of licence over a period of 8 years. However, in respect of EPCG licences for Rs. 100 crone or more, the same export obligation shall be required to be fulfilled over a period of 12 years. The capital goods include jigs, fixtures, dies and moulds. Spares can also be imported under the scheme upto 20% of the CIF value of capital goods. EPCG licence may also be issued for import of components of such capital goods required for assembly or manufacture of capital goods by the licence holder. (b) Eligibility : The scheme covers manufacturer exporters with or without supporting manufacturer(s)/vendor(s), merchant exporters tied to supporting manufacturer(s) and. service providers. (c) Conditions for Import of Capital Goods: Import of capital goods is subject to Actual User condition till the export obligation is completed. 7.10 EXPORT ORIENTED UNITS (EOUs), UNITS IN EXPORT PROCESSING ZONES (EPZs), ELECTRONICS HARDWARE TECHNOLOGY PARKS (EHTPs) AND SOFTWARE TECHNOLOGY PARKS (STPs) (a) Eligibility: Units undertaking to export their entire production of goods and services may be set up under the Export Oriented Unit (EOQ) Scheme, Export Processing Zone -(E-,P-Z)-Scheme, Electronic Hardware Technology Park (EHTP) 12 Scheme or Software
  • 9. Technology Park (STP) Scheme. Such units may be engaged in manufacture, India’s Export- services, repair; remaking, reconditioning, re-engineering including making of gold/ Import Policy silver/ platinum jewellery and articles thereof, agriculture, including agro-processing, aquaculture, animal husbandry, bio-technology, floriculture, horticulture, pi sciculture, viticulture, poultry, sericulture and granites and may export all products ex cept restricted and prohibited items of exports. Units for generation/distribution of power may also set up in EPZs. No trading units are permitted. (b) Export and import of goods: (i) An EOU/EPZ/EHTP/STP unit may export goods and services including agro- products, partly processed jewellery, sub-assemblies and components. It may also export by-products, rejects, waste scrap arising out of the production process. (ii) An EOU/EPZ/EHTP/STP unit may import without payment of duty all types of goods, including capital goods, required by it for its activities as mentioned above or in connection therewith, provided they are not prohibited items of imports. The units shall also be permitted to import goody, required for the approved activity, including capital goods, free of cost or on loan from clients. (iii) Second hand capital goods may also be imported without payment of duty. 7.11 DEEMED EXPORTS "Deemed Exports" refers to those transactions it which the goods supplied do not leave the country. The following categories of supply of goods by the main/ sub-contractors are regarded as "Deemed Exports" under this Policy, provided the goods are manufactured in India: (a) Supply of goody, against Advance Licence/DFRC under the Duty Exemption / Remission Scheme. (b) Supply of goods to Export Oriented Units (EOL's) or units located in Export Processing Zones (EPZs) or Special Economic Zone (SEZs) or Software Technology Parks (STPs) or Electronic Hardware Technology Parks (EHTPs); (c) Supply of capital goods to holders of licences under the Export Promotion Capital Goods (EPCO) scheme; (d) Supply of goods to projects financed by multilateral or bilateral agencies/funds as notified by the Department of Economic Affairs, Ministry of Finance under International Competitive Bidding in accordance with the procedures of those agencies/funds, where the legal agreements provide for tender evaluation without including the customs duty; (e) Supply of capital goods, including in unassembled/ disassembled condition as well as plants, machinery, accessories, tools, dies and such goods which are used for installation purposes till the stage of commercial production and spares to the extent of 10% of the FOR value to fertiliser plants. (f) Supply of goods to any project or purpose in respect of which the Ministry of Finance, by a notification, permits the import of such goods at zero customs duty coupled with the extension of benefits under this chapter to domestic supplies; (g) Supply of goods to the power and refineries not covered in (0 above. (h) Supply of marine freight containers by 100% EOU (Domestic freight - containers manufacturers) provided the said containers are exported out of India within 6 months or such further period as permitted by the Customs. 13
  • 10. Policy Framework and Procedural Aspects (i) Supply to projects funded by UN agencies. (j) Supply of goods to nuclear power projects through competitive bidding as opposed to international competitive bidding. The benefits of deemed exports are available under paragraph (d), (e), (f) and (9) above only if the supply is made under the procedure of International Competitive Bidding (ICB). Deemed exports are eligible for any/all of the following benefits in respect of manufacture and supply of goods qualifying as deemed exports subject to the terms and conditions as given in Handbook (Vol. I):- (a) Advance Licence for intermediate supply/ deemed export. (b) Deemed Exports Drawback. (c) Refund of Terminal Excise duty. Full text of the EXIM POLICY 2002-2007 as well as the Handbook of Procedures is available on DGFT website dgft.delhi.nic.in. For details you may visit this website. 7.12 SUMMARY In this unit we have discussed the role of EXIM Policy in a nation's economy. There are different phases with reference to the EXIM Policy of a country. J.N. Bhagwati and A. Krueger have identified five such phases. The unit elaborates on the phases of changes in India's Exim Policy which have taken place over last five decades. The current Export Import Policy (2002-2007) carne into force with effect from 1st April 2002 and shall remain in force for a period of five years i.e. upto 31st March 2007. The unit has discussed objectives and various key aspects of this policy. (Though this policy is valid for a period of 5 years, some changes are made by the Government over period of time keeping in view the economic conditions and industry's demand) 7.13 SELF-ASSESSMENT QUESTIONS 1. Briefly discuss the broad changes that have taken place in India's EXIM Policy since independence. 2. What is the eligibility criteria for granting Export House, Trading House, Star Trading House and Super Star Trading House? 3. Briefly explain the EPCG scheme as envisaged in the current Export Import Policy. 4. What do you understand by "Deemed Exports? What benefits are available for such exports? 7.14 FURTHER READINGS Govt. of India Publications (i) Export Import Policy. 2002-2007 (U) Handbook of Procedures Paras Ram, Export: What, Where, How, Anupam Publishers, Delhi 14