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Core Purpose

Notification amending Para 2.31 of the Foreign Trade Policy, 2023 to insert Para 2.31[I(e)] permitting free import of Used IT Assets from Special Economic Zones to the Domestic Tariff Area, subject to specified conditions.

Detailed Summary

By notification S.O. 22(E) dated 1st January 2024 (No. 56/2023), the Directorate General of Foreign Trade, Department of Commerce, Ministry of Commerce and Industry, exercising powers under Section 3 and Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 read with paragraphs 1.02 and 2.01 of the Foreign Trade Policy, 2023, amended Para 2.31 of the Foreign Trade Policy, 2023 by inserting Para 2.31[I(e)], making the import policy for Used IT Assets (laptops, desktops, monitors, printers) moving from a Special Economic Zone (SEZ) to the Domestic Tariff Area (DTA) free subject to conditions: a minimum 2-year usage in the SEZ and goods not older than 5 years from manufacture for units continuing operations; a similar 5-year manufacturing-age limit without the 2-year usage requirement for units closing down and relocating from SEZ to DTA (excluding assets that entered the SEZ already second-hand/used and used there for less than 2 years); no exemption having been availed from regulatory requirements such as CRO, WPC or RoHS at the time of import into the SEZ; and a Licence for Restricted Import required for imports not meeting these criteria. The notification was issued with the approval of the Minister of Commerce & Industry under F. No. 01/89/180/39/AM-13/PC-2(A)/Part-1/E-18838 and signed by Santosh Kumar Sarangi, Director General of Foreign Trade & Ex-officio Additional Secretary.

Full Text

The Gazette of India EXTRAORDINARY PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 20] NEW DELHI, MONDAY, JANUARY 01, 2024/PAUSHA 11, 1945 CG-DL-E-02012024-251090 MINISTRY OF COMMERCE AND INDUSTRY (Department of Commerce) (DIRECTORATE GENERAL OF FOREIGN TRADE) NOTIFICATION New Delhi, the 1st January, 2024 No. 56/2023 Subject: Amendment in Para 2.31 of the Foreign Trade Policy, 2023 - reg. S.O. 22(E)—In exercise of powers conferred by Section 3 and Section 5 of Foreign Trade (Development &Regulation) Act, 1992, read with paragraph 1.02 and 2.01 of the Foreign Trade Policy, 2023, as amended from time to time, the Central Government hereby amends Para 2.31 of Foreign Trade Policy, 2023 and inserts Para 2.31 [I (e)] as under: +------+---------------------------+------------+------------------------------------------------------+ | S.No.| Categories of Second-Hand | Import | Conditions, if any | | | Goods | Policy | | +======+===========================+============+========================================================+ | I(e) | Used IT Assets (Laptops, | Restricted | However import policy will be free subject to the | | | desktops, monitors, | | following conditions : | | | printers)- Import from | | 1. Used IT Assets may be moved from SEZ to DTA without | | | Special Economic Zone | | a Licence for Restricted Imports for the purpose of | | | (SEZ) to Domestic Tariff | | further use in their DTA operations only; given that | | | Area(DTA) | | there is a minimum usage of 2 years in the SEZ area and | | | | | that the goods are not older than 5 years from the date | | | | | of manufacturing. | | | | | | | | | | 2. In cases where a unit is closing down its operations | | | | | in SEZ, and re-locating to the DTA, the import of Used | | | | | IT Assets from SEZ into DTA is allowed without a Licence | | | | | for Restricted Imports, given that the goods are not | | | | | older than 5 years from the date of manufacturing. | | | | | However IT assets that have entered the SEZ area in | | | | | second hand/used/old condition and have been used in | | | | | the SEZ area for less than 2 years are not covered. | | | | | | | | | | 3. The relaxation for import from SEZ to DTA, under | | | | | condition 1 & 2 above, shall be applicable given that no | | | | | exemption from any regulatory requirements (i.e., CRO, | | | | | WPC, RoHS) was availed at the time of import of the Used | | | | | IT Assets into the SEZ. | | | | | | | | | | 4. Import of any Used IT Assets which do not fulfill the | | | | | above-mentioned criteria shall be subject to a Licence | | | | | for Restricted Import. | +------+---------------------------+------------+------------------------------------------------------+ Effect of the Notification: Import policy of Used IT Assets (laptops, desktops, monitors, Printers) from SEZ to DTA has been notified under Para 2.31 of the Foreign Trade Policy, 2023. This issues with the approval of Minister of Commerce & Industry. [F. No. 01/89/180/39/AM-13/PC-2(A)/Part-1/E-18838] SANTOSH KUMAR SARANGI, Director General of Foreign Trade & Ex-officio Addl. Secy.

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