Government of India
Ministry of Commerce & Industry
Department of Commerce
Directorate General of Foreign Trade
Subject: SCOMET Updates 2021 - Amendment in Appendix 3 (SCOMET items) to Schedule-2 of ITC (HS) Classification of Export and Import Items, 2018
In exercise of the powers conferred by Section 5 and Section 14A of the Foreign Trade (Development and Regulation) Act, 1992, as amended, read with Para 1.02 of the Foreign Trade Policy 2015-2020, the Central Government hereby makes the amendment in Appendix 3 (SCOMET Items) to Schedule -2 of ITC (HS) Classification of Export and Import Items 2018, as enclosed in the Annexure to this Notification.
2. The updated Appendix 3 (SCOMET Items) to Schedule- 2 of ITC (HS) Classification of Export and Import Items, 2018 including annexure to this notification would be uploaded on the web-portal of DGFT under heading "Regulatory Updates" and Sub-heading "Import. Export and SCOMET policy" (https://www.dgft.gov.in/CP/?opt=itchs-import-export).
3. In order to provide transition time to the industry, this Notification shall come into effect after 30 days of the date of issuance i.e. 19lh Jan, 2022.
4. Effect of this Notification:-
Annual SCOMET Update - 2021 has been notified to amend the Appendix 3 (SCOMET Items) to Schedule-2 of ITC (HS) Classification of Export and Import Items, 2018.
(Amit Yadav)
Director General of Foreign Trade
Ex-officio Additional Secretary to the Government of India
E-mail: dgft@nic.in
(Issued from F.No. 01/91/171/37/AM10/EC / E-65)
Note: Principal Notification No. 05 dated 24th April 2017, Notification No. 13 dated 28th June 2017, Notification No. 29 dated 21st September 2017, Notification No. 17 dated 3rd July, 2018, Notification No. 04 dated 24th April, 2019 and Notification No. 10 dated 11th June 2020.
Annexure
Annexure referred to in DGFT Notification No. 47/2015-20 dated 20th December 2021 regarding amendment in Appendix 3 (SCOMET Items) to Schedule-2 of ITC (HS) Classification of Export and Import Items 2018
[The previous entries against relevant items shall be substituted as under in the SCOMET list:]
[Text highlighted in Blue has been added]
a. Protective full or half suits, or hoods dependent upon a tethered external air supply and operating under positive pressure;
Technical Note This does not control suits designed to be worn with self-contained breathing apparatus.
b. Biocontainment chambers, isolators, or biological safety cabinets having all of the following characteristics, for normal operation:
i. fully enclosed workspace where the operator is separated from the work by a physical barrier;
ii. able to operate at negative pressure;
iii. means to safely manipulate items in the workspace;
iv. supply and exhaust air to and from the workspace is I IKPA filtered.
Note 1 this control includes class III biosafety cabinets, as described in the latest edition of the WHO Laboratory Biosafety Manual or constructed in accordance with national standards, regulations or guidance.
Note 2 this control does not include isolators specially designed for barrier nursing or transportation of infected patients.
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i. fully enclosed workspace where the operator is separated from the work by a physical barrier:
iv. supply and exhaust air to and from the workspace is HEPA filtered.
Note 1 - this control includes class III biosafety cabinets, as described in the latest edition of the WHO Laboratory Biosafety Manual or constructed in accordance with national standards, regulations or guidance.
Note 2- This control includes any isolator meeting all of the above mentioned characteristics, regardless of its intended use and its designation.
Note 3: this control does not include isolators specially designed for barrier nursing or Transportation of infected patients
Technical Notes
1. 'Technical data' may take forms such as blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals and instructions written or recorded on other media or devices such as disk, tape, read-only memories.
1. 'Technical data' may' take forms such as blueprints, plans, diagrams, models, formulae algorithms, tables, engineering designs and specifications, manuals instructions etc. written or recorded on other media or devices such as disk, tape, read-only memories.
29307000
methylphosphonate (CASRN 42595-45-9)
Table 1
Export of chemicals listed In Category' 1C to the countries other than, those specified in Table 1 shall be allowed only against an export authorisation. The exporter shall submit to the DGFT a copy of the bill of entry into the destination country within 30 days of delivery. Further, applications for export of chemicals in this category to countries not Party to the Chemical Weapons Convention (CWC) shall be submitted along with a Government signed End-Use-Certificate (EUC).
I. The exporter is required to register and obtain General authorization for export of Chemicals and related equipments only once during the validity period. Subsequent export/reexport is subject to post reporting(s) on quarterly basis to relevant Govt, authorities;
II. General authorization for export of Chemicals Issued for export / re-export of SCOMET items under the above Categories / Sub Categories (excluding software and technology) shall be valid for a period of five years from the date of issue of General authorization for export of Chemicals and related equipments subject to subsequent post reporting(s) on quarterly basis to be reported within 30 days from the" last quarter;
Note: Export of items under the 1C Category to the countries other than those specified in Table 1 and export of 1C category items related Software and Technology to any country shall be allowed only against an export authorisation and in compliance to the conditions and documentation specified under the respective Categories of SCOMET List. Further, applications for export of chemicals in this category to countries not Party to the Chemical Weapons Convention (CWC) shall be submitted along with a Government signed End-Use-Certificate (EUC).
Export of chemicals, related technology and software in this category to other countries shall be allowed only against an export authorisation, and in that case the exporter shall submit to the DGFT a copy of the bill of entry into the destination country within 30 days of delivery.
I. The exporter Is required to register and obtain General authorization for export of Chemicals and related equipments only once during the validity period. Subsequent export/reexport is subject to post reporting(s) on quarterly basis to relevant Govt, authorities;
II. General authorization for export of Chemicals and related equipments issued for export / re-export of SCOMET items under the above Categories / Sub Categories (excluding software and technology) shall be valid for a period of five years from the date of issue of General authorization for export of Chemicals. , and related equipments subject to subsequent post reporting(s) , on quarterly basis to be reported within 30 days from the last quarter;
Note : Export of items under ID Category to the countries other than those specified in 7 able 1 and export of ID category items related Software and Technology to any country shall be allowed only against an export authorisation and in compliance to the conditions and documentation specified under the respective Categories of SCOMET List.
Export of chemicals as specified above to States not Party to the CWC shall continue to be restricted and will be allowed only against an export authorisation, and in that case also exporters shall submit to the DGFT a copy of the bill of entry into the destination country within .30 days of export. Further, applications for export .of .chemicals in this category to countries not Party to the CWC shall be submitted along with a Government signed End-Use Certificate in the prescribed format [Appendix 2S(ii)].
i. The exporter is required to register and obtain General authorization for export of Chemicals and related equipments only once during the validity period. Subsequent export/reexport is subject to post reporting(s) on quarterly basis to relevant Govt, authorities;
ii. General authorization for export of Chemicals and related equipments issued for export / re-export of SCOMET items under the above Categories / Sub Categories (excluding software and technology) shall be valid for a period of five years from the date of issue of General authorization for export of Chemicals and related equipments subject to subsequent post reporting(s) on quarterly basis to be reported within 30 days from the last quarter;
Note: List of CWC State parties can be found on www.opew.org
Note 2: Export of items under the IE Category to the countries other than the countries not party to CWC and export of IE category items related Software and technology to any country shall be allowed only against an export authorisation and in compliance to the conditions and documentation specified under the respective categories SCOMET List
ii. General authorization for export of Chemicals and related equipments issued for export / re-export of SCOMET items under the above Categories / Sub Categories (excluding software and technology) shall be valid for a period of five years from the date of issue of General authorization for export of Chemicals and related equipments subject to subsequent post reporting(s) on quarterly basis to be reported within 30, days from the last quarter.
Note: Export of items under the 3D001 category to the countries other than those specified in Table 1 and the Category 3D001 related software and technology to any country shall be allowed only against an export authorisation and in compliance to the conditions and documentation specified under the respective Categories of SCOMET List.
II. General authorization for export of Chemicals and related equipments issued for export / re export of SCOMET items under the above Categories / Sub Categories (excluding software and technology) shall be valid for a period of five years from the date of issue of General authorization for export of Chemicals and related equipments subject to subsequent post reporting(s) on quarterly basis to be reported within 30 days from the last quarter.
Note : Export of items under the 3D004 category/ to the countries other than those specified in Table 1 the Category 3D004 related software and technology to any country shall be allowed only against an export authorisation and in compliance to the conditions and documentation specified under the respective Categories of SCOMET List.
> However, all supplies of SCOMET items from DTA to SEZ will be reported to the Development Commissioner of the respective SEZ by the supplier in the prescribed proforma [Annexure 1 to Appendix 3 to Schedule 2 of ITC (HS) Classifications of Export and Import Items] within one week of the supplies getting effected. An annual report of such supplies from DTA to SEZ shall be sent to SCOMET Section, DGFT (Hqrs),
> Department of Commerce, Udyog Bhawan, Maulana Azad Road, New Delhi-110011, by the Development Commissioner (DC), SEZ in the prescribed proforma [Annexure 2 to Appendix-3 to Schedule 2 of ITC (HS) Classifications of Export and Import Items]. Report by the DC, SEZ is to be filed by 15th May of every financial year for the supplies effected during the preceding financial year.
> Export Authorisation, however, required if the SCOMET items an to be physically exported outside the country from SEZ/EOU i.e. to another country (Refer Rule 26 of the SEZ Rules, 2006). All supplies of SCOMET items from DTA to SEZ/EOU will be reported to the Development Commissioner (DC) of the respective SEZ/EOU by the supplier in the prescribed proforma (Annexure 1 to Appendix-3 to Schedule 2 of ITC (HS) Classifications of Export and Import Items] within one week of the supplies getting effected.
> An annual report of such supplies from DTA to SEZ/EOU shall be reported to SCOMET Section. DGFT (Hqrs). Department of Commerce, Udyog Bhawan. Maulana Azad Road. New Delhi-110011. by the Development Commissioner (DC) of respective SEZ/EOU in the prescribed proforma [Annexure 2 to Appendix-3 to Schedule 2 of ITC (HS) Classifications of Export and Import Items], Report by the DC. SEZ/EOU is to be filed by 15th May of every financial year, in respect of supplies effected from DTA to SEZ/EOU during the preceding financial year. "
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