Andhra High Court Order against Free Importability of Maize Reiterated

[Policy Circular No. 27/2015-20 dated 26 July 2019]

Subject: Order of the High Court, Hyderabad in W.P:No 34771/2014in in respect of item at EXIM Code1005 Maize (Corn).

Reference is invited to Notification No.93 (RE-2013) dated 29.09.2014 which, inter- alia, revised the import policy for EXIM code 1005- Maize (Corn) (1005 90 00- Other), removing the item from the "State Trading Enterprises" list to "Free". The said Notification, however, has been challenged before the Hon'ble High Court of Andhra Pradesh and Telangana at Hyderabad in WP No.34771 of 2014. In pursuance of order dated 31.12.2014 in WPMP No.43494 of 2014, the Central Government vide Policy Circular No.02 dated 14th November, 2017 incorporated the following provision against HS Code 1005 90 00 in Chapter 10 of ITC (HS), 2017, Schedule -I (Import Policy):

"Import under Exim Code 1005 90 00 is subject to conditions laid down in Policy Circular No.2 dated 14/11/2017 in accordance with the Order dated 31-12-2014 of High Court of Judicature at Hyderabad in WPMP No. 43494 of 2014 in WP No. 34771 of 2014".

2. Subsequently, in a separate lA No. 1 of 2018 in WP No.23102 of 2018 the Hon'ble High Court of Judicature at Hyderabad vide Order dated 26th July, 2018 has extended the interim order granted on 09.07.2018 until further orders and wherein it “... directed the respondents not to clear the imports of maize corn (pop corn) for the importers who are not holding such authorization pending disposal of WP 23102 of 2018 on the file of the High Court."

3. Accordingly, the provision in Policy Circular No 02 dated 14th November, 2017 is revised and to be read as under:

"Import under Exim Code 1005 90 00 is subject to import license from DGFT in compliance with the Order dated 09.07.2018 of High Court of Judicature at Hyderabad in lA No. 1 of 2018 in WP No.23102 of 2018 and as extended , until further Orders, vide Order dated 26th July, 2018 in the aforementioned WP.

4. This issues with the approval of DGFT.

[Issued from F.No.01/89/180/Misc.66/AM-06/PC-2(A)]