DGFT POLICY CIRCULAR NO. 10(RE-2003)/2002-2007 Dated : 3.7.2003
All Licensing Authorities
All Commissioners of Customs
Sub : Duty free import of natural rubber.
Attention is invited to ALC Circular Nos. 8/98-99 dated 20.2.99,1/2001-2002 dated 23.8.2001, 2/2001-02 dated 3.9.2001 and Public Notice No.13/2002-2007 dated 20.5.2002. Vide these Circulars and Public Notice, all Licensing Authorities were advised not to issue any duty free licence including DFRC, Advance Licence for deemed exports, Advance Intermediate Licence and Annual Advance Licence for import of natural rubber.
2. Some exporters moved various High Courts against the decision of the Government not to allow duty free import of natural rubber against Advance Licences. In Civil Writ Petition No.808 of 2002 in the case of M/s. Narendra Udeshi V/s. Union of India, the Hon’ble High Court of Bombay vide its judgement dated 1st Oct., 2002 quashed and set-aside the ALC Circulars including Circular dated 3rd September, 2001 and Public Notice dated 20th May, 2002. The SLP filed before the Hon’ble Supreme Court against the judgement of the Bombay High Court has also been dismissed.
3. All the Licensing Authorities are advised to decide admissibility of import in the light of the High Court decision and the Exim provisions and procedures.
This issues with the approval of DGFT.
( DR. PRATIMA DIKSHIT )
JT.DIRECTOR GENERAL OF FORIENG TRADE