Page 78 - ELT_3rd_1st May 2020_Vol 372_Part

E46 EXCISE LAW TIMES [ Vol. 372

ing 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 amend-
ed vide Notification No. 42 dated 23rd October, 2018 and 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-18011/54/2018-CPA dated 10th 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 amend-
ed 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 quantitative restriction imposed on import of Calcined Pet
Coke and Raw Pet Coke for year 2020- 2021, as under :
Conditions and modalities of application for import of Pet coke
(i) Imports will be subject to guidelines laid down by Ministry of Envi-
ronment, Forest and Climate Change issued vide OM No.
Q-18011/54/2018-CPA dated 10th September, 2018;
(ii) 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 In-
dustry is 0.5 Million MT and (ii) Raw Pet Coke for CPC manufactur-
ing industry is 1.4 Million MT. This is available for all industrial units
in these two sectors including the petitioners.
(iii) 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 15th March, 2019 along with State Pollution Control
Board Certificate (SPCB)/Pollution Control Committee (PCC) indi-
cating capacity of the unit as on 9-10-2018 (Hon’ble Supreme Court
Order in Writ Petition No. 13029/1985 ) and also valid consent certifi-
cate 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.
(iv) Completed online application form and the documents mentioned at
(iii) above must reach on or before 5th May, 2020. Application fee shall
be paid in accordance with the procedure as in Appendix 2K of Ap-
pendices & Aayat Niryat Forms and deposited online along with the
application.
(v) If documents received are found in order, application will be consid-
ered in Exim Facilitation Committee (EFC) for import of restricted
items and the concerned jurisdictional RA will grant authorization.
The import license/authorization will be valid till 31-3-2021 only for the
purpose of imports.
(vi) If, after obtaining permission/license, importer cannot utilize/import
the entire quantity for which the license has been issued, the appli-
cant shall intimate the same to DGFT at petcokeimport-dgft@gov.in and
import-dgft@nic.in on or before 31-12-2020 in order to facilitate distri-
bution of the unutilized quota to other applicants who had applied
initially.

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