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CLE certification for import of textile and textile products

No.14/005/106/2003 
June 3, 2003

Members of the Council
(manufacturer-exporters of various leather products)

Dear Members,

Sub: Certification from Notified Agencies for absence of hazardous chemicals in the import of textile and textile products – Exemption to registered member-exporters of various leather products

As members are aware, import of textile and textile articles is at present permitted subject to the condition that they shall not contain any of the hazardous dyes whose handling, production, carriage or use is prohibited by the Government of India. 

For this purpose, the import consignments shall accompany a pre-shipment inspection certificate from a textile testing laboratory accredited to the National Accredition Agency of the country of origin certifying that the import consignment does not contain any of the hazardous dyes, and based on this certificate, import consignments shall be allowed to be cleared. In cases where such certificates are not available, the consignment will be cleared after testing of the same from the notified agencies as to the absence of hazardous and banned chemicals. The Notified agencies have been listed in Annexure to the Public Notice No. 12(RE-2001)/1997-2002 dated May 3, 2001.

Based on the representations from the Council / industry, citing the various difficulties on this score, the DGFT from time to time relaxed this condition for certain specific cases; for example: import by EPZ/EOU/Sec 65 units, import under Advance License with actual user condition / duty free scheme etc. All these relaxations were granted on the basic premise that the imported textile & textile articles will be used only for export production and will not be sold / transferred to units in DTA. 

The Council had been constantly representing to grant such exemption to manufacturer-exporters of various leather products, also who are registered with the Council for Leather Exports, since their imports are mainly for the purpose of use in the export production. This matter was specifically represented in the pre-policy 2003-04 interaction meeting held with DGFT and also in the several Open House Meets recently held in different centers. 

We are pleased to inform our member-exporters that taking into account the Council’s request, the DGFT considered the matter and issued a Policy Circular No.5 dated May 29, 2003, under which the Council for Leather Exports has been nominated as ‘certifying agency’ to issue certificates to its members to facilitate import clearances of textile and textile based articles. A copy of the said DGFT Policy circular is enclosed herewith for your information. 

Accordingly, for the purpose of issuance of required certificate, the Council formulated the following guidelines / procedures:

ELIGIBILITY:
The exporters of various leather products, registered as manufacturer-exporters with the Council for Leather Exports and having valid Registration Cum Membership Certificate as on the date of application. 

SUBMISSION OF APPLICATION:

The applications have to be submitted for each and every import consignment of textile and textile articles falling under Chapter 50 to 63 of the ITC (HS) Classifications of Export & Import Items. The format of the application is given in Annexure I. 

The applications have to be supported with checklist Bill of Entry obtained from Customs for the proposed import. 

An Affidavit duly notarized by Notary Public, in the format given in Annexure II, need to be produced.

Applicants are required to remit ‘certification fee’ of Rs.250/- for every application, by cash or DD/ Cheque drawn in the name of Council for Leather Exports

Such applications complete in all respects shall be submitted to the respective Regional Offices of the Council. In respect of members of the Southern Region, such applications may be submitted to the Head Office. 

ISSUANCE OF CERTIFICATE:

After receipt of application in prescribed format alongwith required enclosures as stated above, the Council shall issue necessary certificate to enable the members to clear the import consignments of textile and textile based articles from the Customs.

Interested members may note the above, and accordingly obtain the required certificate from the Council for Leather Exports. 


Thanking you,
Yours faithfully,

S Audiseshiah
Executive Director 

DGFT Policy Circular No.5 dated 29.05.2003
Proforma of application seeking certification from CLE
Specimen of the Affidavit 


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