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3.1 For the purpose
of this Policy, unless the context otherwise requires, the following
words and expressions shall have the following meanings attached to
them:
3.2 "Accessory" or "Attachment" means a part, sub-assembly or
assembly that contributes to the efficiency or effectiveness of a
piece of equipment without changing its basic functions.
3.3 "Act" means the Foreign Trade (Development and Regulation) Act,
1992 (No.22 of 1992).
3.4 "Actual User" means an actual user who may be either industrial
or non-industrial.
3.5 "Actual User (Industrial)" means a person who utilises the
imported goods for manufacturing in his own industrial unit or
manufacturing for his own use in another unit including a jobbing
unit.
3.6 "Actual User (Non-Industrial)" means a person who utilises the
imported goods for his own use in
(i)any commercial establishment carrying on any business, trade or
profession; or
(ii)any laboratory, Scientific or Research and Development (R&D)
institution, university or other educational institution or hospital;
or
(iii)any service industry.
3.7 "ALC" means the Advance Licensing Committee in the Directorate
General of Foreign Trade for recommending grant of licences under
Duty Exemption Scheme and for recommending Input Output norms and
value addition norms to be notified by Director General of Foreign
Trade.
3.8 "Applicant" means the person on whose behalf the application is
made and shall, wherever the context so requires, include the person
signing the application.
3.9 "Canalisation" of exports and imports means exports and imports
only through the agencies designated by the Central Government.
3.10 "Capital Goods" means any plant, machinery, equipment or
accessories required for manufacture or production, either directly
or indirectly, of goods or for rendering services, including those
required for replacement, modernisation, technological upgradation or
expansion. Capital goods also include packaging machinery and
equipment, refractories, refrigeration equipment, power generating
sets, machine tools, catalysts for initial charge , equipment and
instruments for testing, research and development, quality and
pollution control. Capital goods may be for use in manufacturing,
mining, agriculture, aquaculture, animal husbandry, floriculture,
horticulture, pisciculture, poultry, sericulture and viticulture as
well as for use in the services sector.
3.11 "Competent Authority" means an authority competent to exercise
any power or to discharge any duty or function under the Act or the
Rules and Orders made thereunder or under this Policy.
3.12 "Component" means one of the parts of a sub-assembly or assembly
of which a manufactured product is made up and into which it may be
resolved. A component includes an accessory or attachment to the
component.
3.13 "Consumables" means any item which participates in or is
required for a manufacturing process, but does not form a part of the
end-product. Items which are substantially or totally consumed during
a manufacturing process will be deemed to be consumables.
3.14 "Consumer Goods" means any consumption goods which can directly
satisfy human needs without further processing and includes consumer
durables and accessories thereof.
3.15 "Counter Trade" means any arrangement under which
exports/imports from/ to India are balanced either by direct
imports/exports from the importing/ exporting country or through a
third country under a Trade Agreement or otherwise. Exports/Imports
under Counter Trade may be carried out through Escrow Account, Buy
Back arrangements, Barter trade or any similar arrangement. The
balancing of exports and imports could wholly or partly be in cash,
goods and/or services.
3.16 "DEEC" means Duty Exemption Entitlement Certificate issued under
Duty
Exemption Scheme.
3.17 Deleted
3.18 "Drawback, " in relation to any goods manufactured in India and
exported, means the rebate of duty chargeable on any imported
material or excisable material used in the manufacture of such goods
in India. The goods include imported spares, if supplied with capital
goods manufactured in India.
3.19 "EOU" means Export Oriented Unit.
3.20 "EPZ" means Export Processing Zone.
3.21 "Excisable goods" means any goods produced or manufactured in
India and subject to a duty of excise under the Central Excises and
Salt Act 1944 (1 of 1944) . 3.22 "Exporter" means a person who
exports or intends to export and holds an Importer-Exporter Code
number.
3.23 "Export House/Service Export House, Trading House/ International
Service Export House, Star Trading House/ International Star Service
Export House, Super star trading House/ International Super Star
Service Export House means an exporter/service provider recognised as
"Export House/ Service Export House, Trading House/ International
Service Export House, Star Trading House/International Star Service
Export House, Super Star Trading House/ International Super Star
Service Export by the Director General of Foreign Trade.
3.24 "Export Obligation" means the obligation to export the product
or products covered by the licence or permission in terms of
quantity, value or both, as may be prescribed or specified by the
licensing or competent authority.
3.25 "Form" means a form prescribed under the Foreign Trade
(Development and Regulation) Act, 1992, or the Rules and Orders made
thereunder or a form provided in the Handbook (Vol.1).
3.26 "Handbook (Vol.1)" means the Handbook of Procedures (Vol.1) and
"Handbook (Vol.2)" means Handbook of Procedures (Vol.2) published
under the provisions of the paragraph 4.11 of the Policy.
3.27 "Importer" means a person who imports or intends to import and
holds an Importer-Exporter Code number.
3.27A "ITC(HS)" means ITC(HS) Classifications of Export and Imports
items Book.
3.28 "Jobbing" means processing or working upon of raw materials or
semi-finished goods supplied to the job worker so as to complete a
part or whole of the process resulting in the manufacture or
finishing of an article or any operation which is essential for the
aforesaid process.
3.29 "Licensing Authority" means the authority competent to grant a
licence under the Act/Order.
3.30 "Licensing Year" means the period beginning on the 1st April of
a year and ending on the 31st March of the following year.
3.31 "Manufacture" means to make, produce, fabricate, assemble,
process or bring into existence, by hand or by machine, a new product
having a distinctive name, character or use and shall include
processes, such as refrigeration, repacking, polishing, labelling and
segregation. Manufacture, for the purpose of this Policy, shall also
include agriculture, aquaculture, animal husbandry, floriculture,
horticulture, pisciculture, poultry, sericulture, viticulture and
mining.
3.32 "Manufacturer Exporter" means a person who exports goods
manufactured by him or intends to export such goods.
3.33 "Merchant Exporter" means a person engaged in trading activity
and exporting or intending to export goods.
3.33A "NFE" means Net Foreign Exchange.
3.34 "Notification" means a notification published in the Official
Gazette.
3.35 "Order" means Order made by the Central Government under the
Act.
3.36 "Part" means an element of a sub-assembly or assembly not
normally useful by itself and not amenable to further disassembly for
maintenance purposes. A part may be a component or an accessory.
3.37 "Person" includes an individual, firm, society, company,
corporation or any other legal person.
3.38 "Policy" means the Export and Import Policy, 1997-2002 as
amended from time to time.
3.39 "Prescribed" means prescribed under the Foreign Trade
(Development and Regulation) Act, 1992 (No. 22 of 1992) or the Rules
or Orders made thereunder or under this Policy.
3.40 "Public Notice" means a notice published under the provisions of
paragraph 4.11 of the Policy.
3.41 "Raw material" means:
(i) basic materials which are needed for the manufacture of goods,
but which are still in a raw, natural, unrefined or unmanufactured
state; and
(ii) for a manufacturer, any materials or goods which are required
for his manufacturing process, whether they have actually been
previously manufactured or are processed or are still in a raw or
natural state.
3.42 Deleted
3.43 "Regional Licensing Authority" means a licensing authority
exercising powers in respect of any area or region specified in this
behalf by the Director General of Foreign Trade.
3.44 "Registration-cum-Membership Certificate" (RCMC) means the
certificate of registration and membership granted by an Export
Promotion Council or other competent authority as prescribed in the
Policy or Handbook (Vol.1).
3.45 "Rules" means Rules made by the Central Government under section
19 of the Act.
3.46 Deleted
3.47 "Services" include all the tradeable services covered under
General Agreement on Trade in Services and earning free foreign
exchange.
3.48 "Service Provider" means a person providing
(i) supply of a 'service' from India to any other country;
(ii) supply of a 'service' from India to the service consumer of any
other country in India; and
(iii) supply of a 'service' from India through commercial or physical
presence in the territory of any other country.
3.49 "SIL" means freely transferable Special Import Licences.
3.49A "SION " means Standard Input Output Norms notified by DGFT in
the Handbook of Procedure (Vol.2), 1997-2002,
3.50 "Spares" means a part or a sub-assembly or assembly for
substitution, that is ready to replace an identical or similar part
or sub-assembly or assembly. Spares include a component or an
accessory.
3.50A "SEZ" means Special Economic Zone.
3.51 "Specified" means specified by or under the provisions of this
Policy.
3.51A "Status holder" means an exporter/ service provider recognised
as "Export
House/ Service Export House, Trading House/ International Service
Export House, Star Trading House/International Star Service Export
House, Super Star Trading House/International Super Star Service
Export House by the Director General of Foreign Trade.
3.52 "Wild Animal" means any wild animal as defined in section 2(36)
of the Wildlife (Protection) Act, 1972.
3.53 Deleted
3.54 "Third-party exports" means exports made by an exporter or
manufacturer on behalf of a third party. In such cases, shipping
bills shall indicate the name of both the exporter/ manufacturer and
the third party.