DGFT Relaxes Ban on Moong Dal Imports – Advance Payment Cases Allowed

· Only Bills of Lading Issued before 31 March 2022 Covered

· Regional Offices to Decide Manual Application by 7 Mar

· No Transaction Arrangements for Late Application

[DGFT Trade Notice No. 37/2021-22 dated 28 February 2022]

Subject: Implementation of Notification S.O. 624 (E) dated 11.02.2022 –reg.

Reference is invited to Government of India’s Notification No. S.O. 624 (E) dated 11.02.2022 amending the import policy of Moong (HS Code 07133190) of ITC (HS), 2022, Schedule-I (Import Policy) from “Free” to “Restricted”.

2. In this regard, representations have been received from various entities indicating that certain firms have entered into purchase contract prior to 11.02.2022 for import of Moong (ITC(HS) Code 0713 31 90) with either (i) advance payment, or (ii) partial advance payment and remaining amount payable against Documents (CAD).

3. The said matter has been considered and the Director General of Foreign Trade, in exercise of powers under Para 2.58 of the Foreign Trade Policy (2015-2020), has decided to relax the provisions of Para 1.05 (b) of FTP by allowing such importers to import Moong (HS Code 07133190) for contracts for the fiscal year 2021-22 subject to the condition that:

(i) Quantity eligible for import would be proportionate to the amount paid prior to 11.02.2022 as advance. If advance payment has been made in full for the entire contracted quantity, then eligibility would be for the entire contracted quantity. If there is partial payment, quantity admissible for import shall be limited to the quantity in proportion to the advance payment(s) made.

(ii) Documentary evidence indicating payments made for such a contract should include the sales contract, invoice and proof of payment (SWIFT transaction receipt) certified by the recipient bank and any other supporting documents.

(iii) Contract for import should have been entered into prior to the date of the said Notification. Further the payments should also have been made prior to 11.02.2022.

(iv) Undertaking should be provided by the applicant that imports of the proportionate quantity being claimed has not be effected prior to the date of Notification/till date.

(v) The imports should be only for Financial Year 2021-22 such that the bill of lading is issued on or before 31.03.2022. No requests for extensions shall be considered.

4. Further, such contracts must be registered with the Jurisdictional Regional Offices of the Additional DGFT(s) only i.e., at Delhi, Mumbai, Kolkata, Chennai, Bengaluru, Hyderabad, Ahmedabad, Ludhiana latest by 15.03.2022. Applicants seeking relaxation in Para 1.05 of FTP (2015-2020) may submit their application to the jurisdictional RAs mentioned, for registration of their contracts, by making an online payment of Rs. 2000/- as application fee (for relaxation in Policy/ Procedure as per Appendix 2K). The given payments may be made online on the DGFT Website under Services --> eMisc Payments.

5. It is further informed that such applications for ‘Registration Certificate for Imports’ may be submitted online as well w.e.f. 07.03.2022. Any given application being submitted after 07.03.2022 must be submitted online only through the DGFT Website → Services → Import Management System → Apply for Registration Certificate for Imports. Manual submissions to the Jurisdictional RA are however allowed till 07.03.2022.

6. Such contracts shall be registered by the Jurisdictional RAs only after due verification of the documents submitted by the applicant(s). The registration shall be permitted only with the approval of the Head of Office. RAs are requested to dispose all such cases within 3 days of the receipt of complete applications.

This issues with the approval of the Competent Authority.

[Issued from File no. M-5012/300/2002/PC-2(A)./E-1657]