DGFT Loses Case on MEIS under Heading 8481, MEIS to be Paid in all Goods in Heading, Whole Heading and not only Parts of Bicycles

[DGFT Trade Notice No. 16/2018 dated 7 June 2018]

Subject: Benefit of Focus Product Scheme to HS Code 8481-FTP 2009-14

Kind attention is invited to this Directorate Trade Notice No. 11/2015 dated 14th December 2015 vide which this Directorate had clarified on availability of benefit under Focus Product Scheme of Foreign Trade Policy 2009-14 on the export of items mentioned at Sl.No.269 of Appendix 37-D, Table 1 of the FTP 2009-14. It had been clarified that other items, which are not parts of bicycle, are not eligible for FPS benefit under FTP 2009-14. It was also clarified that cases where RA has issued scrips against the export of parts other than those used in bicycle under ITC(HS) 8481 is liable to be reviewed and corrective measures to be taken to recover such claims granted by oversight.

2. The above Trade Notice had been challenged before the Hon'ble Gujarat High Court vide SCA No. 11262 to 11264 and 14808 of 2016, in which the Hon'ble Court has passed its judgment on 13.10.2016 quashing the above Trade Notice.

3. This Directorate had preferred SLP in the Hon'ble Supreme Court against the decision of the Hon'ble Gujarat High Court. The Hon'ble Supreme Court has dismissed the appeal filed by the Directorate.

4. In the light of the above developments, the Trade Notice No. 11/2015 dated 14^th December 2015 stands withdrawn.

5. This issues with approval of the Competent Authority.