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Manual On SEZ , FT & WZ , IFTSC - Rajkumar S. Adukia

 

 

GLOSSARY OF SELECTED TERMS

 

 

 

 


 

Actual User

 

 

 

 

 

 

 

 An user who may be either

a)    Industrial user-  A person who utilizes the imported goods for manufacturing in his own industrial unit  or in another unit( including a jobbing unit)

b)    Non- Industrial User- A person who utilizes the imported goods for his own use including

(i)                   in a commercial establishment for carrying on his business

(ii)                 in any Laboratory, University or hospital

(iii)                Any service Industry

Accessory

A part, sub-assembly or assembly which has an effect on the effectiveness of any piece of equipment without changing its effect.

Advance License

 

 

 

 

A License issued under Duty Exemption and Remission Scheme of the Foreign Trade Policy. Advance Licence is granted for import of inputs without payment of customs duties. It is issued in accordance with the Policy and procedures in force and subject to fulfilment of time-bound export obligation. Such licences can be issued for import of inputs for use in the export production as well as for replenishment of the inputs already used in the export product.

AEZ

Refers to a scheme of Agricultural  Export Zones.  So far, 48 AEZs have been approved in 19 States by the Department of Commerce.

Appointed Day

The day on which the SEZ is notified by the Central Government under the SEZ Act,2005

Applicant

The person on whose behalf the application is made Wherever the context so requires, it shall include the person signing the application.

Approval Committee

 A committee constituted by the Central Government within 6 months from the commencement of the SEZ Act,2005 or 6 months from the date of establishment of SEZ as the case may be.

Authorised operations

Operations authorized by the BOA to the Developer after the appointed day and includes operations authorized by Development Commissioner.

Authority

Means A SEZ Authority constituted by the Central Government by notification in the Official Gazette for every SEZ.

Authorised Officer

An Inspector /preventive officer/appraiser or Superintendent of Customs posted in the SEZ  and authorized  by the Specified Officer to discharge any of his functions under SEZ Rules,2006

BTP

Biotechnology Park as notified by Director General of Foreign Trade on the recommendation of the Department of Biotechnology.

BOA

The Board of Approval as notified by the Department of Commerce.

Capital goods

 

 

 

 

 

 

 

 

 

Includes 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, modernization, technological up gradation or expansion.

Capital goods also include packaging machinery and equipment, refractory for initial lining, refrigeration equipment, power generating sets, machine tools, catalysts for initial charge, equipment and instruments for testing, research and development, quality and pollution control.

Co- Developer

Refers to (a) person or (b) a state Government which has been granted by the Central Government a letter of approval under Section 12(3) of the SEZ Act,2005

Competent authority

An authority competent to exercise any power or to discharge any duty or function under the statutory provisions.

Component

 

 

 

 

Includes the parts of a sub-assembly or assembly of which a manufactured product is made up and into which it may be resolved.

Also includes an accessory or attachment to the component.

Consumables

Includes any item which is required for a manufacturing process, but does not necessarily form part of the end-product.

Items, which are substantially or totally consumed during a manufacturing process, will be deemed to be consumables.

Consumer Goods

Any consumption goods, which can directly satisfy human needs without further processing

Includes consumer durables and accessories thereof.

Counter Trade

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.

Custodian

The balancing of exports and imports could wholly or partly be in cash, goods and/or services.

Any person referred to in Sec 45 of the Customs Act,1962

Deemed Exports

Refers to those transactions in which the goods supplied do not leave the country and the payment for the goods is received by the supplier  in India .

Developer

A person or body of persons, company, firm and such other private or government undertaking, who develops, builds, designs , organizes, promotes, finances, operates, maintain or manages a part or whole of the infrastructure and other facilities in the Special Economic Zones as approved by the central Government.

Development Commissioner

The Development Commissioner of the Special Economic Zone.

DEPB     

Refers to the Duty Entitlement Pass Book to neutralise the incidence of basic customs duty on the import content of export product. This is provided by way of grant of duty credit against the export product at specified rates. The DEPB Scheme which was notified on 1/4/1997 consisted of (a) Post-export DEPB and (b) Pre-export DEPB. The pre-export DEPB scheme was abolished w.e.f. 1/4/2000 . Under the post-export DEPB, which is issued after exports, the exporter is given a duty entitlement Pass Book at a pre-determined credit on the FOB value. The DEPB allows import of any items except the items which are otherwise restricted for imports.

DFRC

Duty Free Replenishment Certificate. Scheme which was introduced from 1/4/2000 replacing Transferable Advance    Licensing Scheme. The scheme is available to merchant exporters as well as to manufacturer exporters. However, it covers only items which are covered under standard input-output norms notified by DGFT

DGFT

Directorate General of Foreign Trade, which is headed by the Director General of Foreign Trade.

The office of the DGFT is responsible for formulating and execution of Foreign Trade Policy, including licensing.

Till 1991, was known as the Chief Controller of Imports & Exports (CCI&E).

Domestic Tariff Area

Refers to Area within India which is outside the Special Economic Zones.

 

Drawback

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 .

Duty Credit

 

 

 

 

 

 

 

 

Refers to import duty credit.  For example, under the Focus Market Scheme, if an exporter exports to an identified country Rs.100 worth of goods, he will get 2.5% of Rs.100 on export of all products to the notified countries, which he can either use to pay customs duty on his imported inputs or sell in the market as these scrips would be freely transferable.   Similarly, under the Focus  Product Scheme, duty credit facility at the rate of 2.5%of  f.o.b. value of exports on 50% of export turnover of  notified products would be allowed.

E-Commerce   

 

Refers to electronic commerce.   In the context of Foreign Trade Policy, e-commerce relates to electronic filing and processing of applications etc.

EPCG

EPCG refers to the Export Promotion Capital Goods (EPCG) Scheme, which gives the manufacturer facility for import of capital goods for export production at concessional rate of duty (5 per cent) against certain level of export obligation over a period of time.

EHTP

Unit framed under the Electronic Hardware Technology Park Scheme

Entrepreneur

A person who has been granted a Letter of Approval by the Development Commissioner under sub –section (9)  of Sec 15 of the SEZ Act,2005

EPZs

Export Processing Zones which are special enclaves, separated from the Domestic Tariff Area (DTA), to provide an internationally competitive duty-free environment for export production.

EOUs

EOU means Export Oriented Units. The EOU scheme is complementary to the EPZ scheme, except that it is widely dispersed in location, unlike EPZs, which are set up at specific locations.

Exim Policy

Export and Import (Exim) Policy. got incorporated into the comprehensive Foreign Trade Policy, which was announced by the Commerce & Industry Minister on 31st August, 2004 .

Excisable goods

Any goods produced or manufactured in India and subject to a duty of excise under the Central Excise and Salt Act 1944 (1 of 1944).

Exporter

A person who exports or intends to export and who unless otherwise specifically exempted. holds an Importer-Exporter Code number

Export Obligation

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.

FTP

Refers to Foreign Trade Policy, announced by the Commerce & Industry Minister on 31st August, 2004 . It is a 5-year Policy (2004-2009), which provides a stable policy framework.

FTWZ

Handbook (Vol.1)

Free Trade and Warehousing Zone

The Handbook of Procedures (Vol.1) and “Handbook (Vol.2)” means Handbook of Procedures (Vol.2) published under the provisions of the paragraph 2.4 of the Policy.

Importer

A person who imports or intends to import and who unless otherwise specifically exempted. holds an Importer-Exporter Code number

Input-Output

Norms

The norms which define the amount of input/inputs required to manufacture a unit of output.

 

Infrastructure facilities

Industrial, commercial and social infrastructure or any other facility for the development of the Special Economic Zone as notified.

ITC(HS)

ITC (HS) Classifications of Export and Import Items Book. It is a system of classification of products for the purposes of export and import

Jobbing

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.

Licensing Authority

The authority competent to grant a license under the Act/Order.

Licensing Year

The period beginning on the 1st April of a year and ending on the 31st March of the following year.

Manufacture

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,

·         re-packing,

·         polishing,

·         labeling.

·         Re-conditioning repair,

·         remaking,

·         refurbishing,

·         testing calibration,

·         Re-engineering.

·         agriculture,

·         aquaculture,

·         animal husbandry,

·         floriculture,

·         horticulture,

·         pisciculture,

·         poultry,

·         sericulture,

·         viticulture and

·         Mining.

 


 

Manufacturer Exporter

A person who export goods manufactured by him or intend to export such goods.

MAI

Market Access Initiative

Merchant Exporter

A person engaged in trading activity and exporting or intending to export goods.

NFEP

Net Foreign Exchange Earning as a percentage of exports.

Notification

A notification published in the Official Gazette.

Notified Offences

The offences specified as such under sub-section (1) of section 21 of SEZ Act,2005

Nominated Agency

Refers to