MM TAX CLUB

DGFT Public Notice No 48/2015-20

New Delhi, Dated: 10” February, 2022

Procedure for allocation of quota, for year 2022-2023, for import of (i) Calcined Pet Coke for Aluminum Industry and (ii) Raw Pet Coke for CPC manufacturing industry

The Hon'ble Supreme Court in the Writ Petition No. 13029/1985 vide its order dated 9‘ October, 2018, has decreed that the import of raw material for use as Calcined Pet coke (CPC) in Aluminum 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 23° October, 2018 wherein it had been indicated that the regulation and monitoring of such imports will be as per the guidelines of Ministry of Environment, Forest and Climate Change issued vide OM No Q-18011/34/2018- CPA dated 10 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 restriction imposed on import of Calcined Pet Coke and Raw Pet Coke for year 2022-2023, as under:

Conditions and modalities of application for import of Pet coke.

1.   Imports will be subject to guidelines laid down by MoEF&CC issued vide OM No Q- 18011/54/2018-CPA and para wise compliance may be submitted with the application for consideration of release of quota.
2.  The annual quantity limitation in import will be operated on fiscal year basis  Accordingly, the total quantity permitted for import per annum by the Hon'ble Supreme Court and available for import is (i) Calcined Pet Coke for use  as Calcined Pet coke in Aluminum Industry is 0.5 Million MT and (ii) Raw Pet Coke for CPC manufacturing industry is 1.4 Million MT. This is available for all industrial units in these two sectors.
3. All eligible entities desiring to avail quota as mentioned above, may apply for import license as per procedure mentioned in Trade Notice No. 49 dated 15 March, 2019 along with State Pollution Control Board Certificate (SPCB)/ Pollution Control Committee (PCC) indicating capacity of the unit as on 09.10.2018 (Hon'b1e Supreme Court Order in Writ Petition No. 13029/1985 ) and also valid consent certificate from SPCB/ PCC, in the name of user industrial units indicating the quantity permitted for import and its usage on a monthly and yearly basis.
4. Completed online application zlong with the required documents mentioned must be submitted on or before 28“ February , 2022. Further, applicants are also required to submit undertaking along with the online application regarding utilization of import license issued to them for FY 2021-22 and surrender any unutilized quantity by 28.02.2022. Failure to do so would result in deduction of such quantity from their allocation for the year 2022-23.
5. If documents received are found in order, the online application will be considered by exam Facilitation Committee (EFC) in DGFT(HQ) for grant of import authorization. The import authorization shall be valid till 31.03.2023 only.
6.  lf, after obtaining permission/license for the year 2022-23, importer cannot utilize/ import the entire quantity for which the license has been issued, the applicant shall intimate the same to DGFT through email at import-dgft@nie.in on or before 31.12.2022 in order to facilitate distribution of the unutilized quota to other applicants who had applied initially. Failure to utilize allotted quantity and non—surrender will disqualify the applicant for future quota and the unutilized quantity will be deducted from their entitlement.
7. Further, the quantity allocated during FY 2022-23 to the user applicants, if not utilized or surrendered to DGFT; the quantity left unutilized will be deducted from the quota for which applicant would be eligible in FY 2023-24, for better resource
8. Holders of the license for import of Pet Coke would keep the DGFT (HQ) informed of the details of his import consignments i.e., the quantity of import, source and 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 DGFT (HQ), giving consolidated details of all imports made during the period.
9. EFC in DGFT will evaluate and allocate quota among applicants and licenses will be issued by the DGFT(HQ).
10. Import consignments of such consignments may be cleared given that the ‘Out of charge’ has been authorized by the Customs Authorities on or before 31.03.2023.

3.   Effect of this Public Notice:

The procedure for allocation of quota for import of (i) Calcined Pet Coke for use in Aluminum

Industry; and (ii) Raw Pet Coke for CPC manufacturing industry for the year 2022- 2023 is notified.

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