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Specific Regulation Related to Flora & Fauna As Per the Itc (Hs) Classification

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Specific Regulation Related to Flora & Fauna As Per the Itc (Hs) Classification SPECIFIC REGULATION RELATED TO FLORA & FAUNA AS PER THE ITC (HS) CLASSIFICATION ITC-HS codes are divided into two schedules. 1) Schedule I 2) Schedule II ITC(HS) code Schedule I describe the rules and guidelines related to import policies. Schedule I of the ITC-HS code is divided into 21 sections and each section is further divided into chapters. The total number of chapters in the schedule I is 98. The chapters are further divided into sub-heading under which different HS codes are mentioned Explanation about Classes of Import Trade Control – in ITC(HS) Clasiification- three policy status described . A. Prohibited Goods The prohibited items are not permitted to be imported. An export licence will not be given in the normal course for goods in the prohibited category,except where the import is for Scientific & research purpose or zoo exchange between government to government owned zoo or bonafide personal use house hold effects for which supportive documents are presented as prescribed under the law. B. Restricted Goods The restricted items can be permitted for import under licence. The procedures / conditionalities wherever specified against the restricted items may be required to be complied with, in addition to the general requirement of licence in all cases of restricted items. For example if live animal is restricted than permission from Chief Wild Life Warden of concerned state has to be obtained and licence from DGFT needs to be obtained on the basis of recommendation from Wild Life division, Ministry of Environment,Forests & Clmate Change and also if it is in CITES than permit from country of origin required to be produced. C. Free Goods listed as “Free” in the import Licensing Schedule may also be imported without an import licence as such but they are subject to conditions laid out against the respective entry. The fulfillment of these conditions can be checked by authorized officers in the course of import. The free importability is however subject to any other law for the time being in force. Extracts from itc (hs) code Schedule I for Import Items SECTION I LIVE ANIMALS; ANIMAL PRODUCTS NOTES: 1. Any reference in this section to a particular genus or species of an animal, except where the context otherwise requires, includes a reference to the young of that genus or species. 2. Except where the context otherwise requires, throughout this Schedule any reference to “dried” products also covers products which have been dehydrated, evaporated or freeze‐dried. CHAPTER 1 LIVE ANIMALS NOTE: This Chapter covers all live animals except: (a) Fish and crustaceans, molluscs and other aquatic invertebrates, of heading 0301, 0306, 0307 or 0308; (b) Cultures of micro‐organisms and other products of heading 3002; and (c) Animals of heading 9508. Exim Code Item Description Policy Policy Conditions 0101 LIVE HORSES, ASSES, MULES AND HINNIES Horses: 0101 21 00 Pure‐bred breeding animals Restricted 0101 29 Other: 0101 29 10 Horses for Polo Restricted 0101 29 90 Other Restricted 0101 30 Asses: 0101 30 10 Pure‐bred breeding animals Restricted 0101 30 20 Livestock Restricted 0101 30 90 Other Restricted 0101 90 Other: 0101 90 30 Mules and hinnies as livestock Restricted 0101 90 90 Other Restricted 0102 LIVE BOVINE ANIMALS Cattle: 0102 21 Pure‐bred breeding animals: 0102 21 10 Bulls Restricted 0102 21 20 Cows Restricted 0102 29 Other: 0102 29 10 Bulls Restricted 0102 29 90 Other, including calves Restricted Buffalo: 0102 31 00 Pure‐bred breeding animals Restricted 0102 39 00 Other Restricted 0102 90 Other: 0101 90 10 Pure‐bred breeding animals Restricted 0101 90 90 Other Restricted 0103 LIVE SWINE 0103 10 00 Pure‐bred breeding animals Restricted Other: 0103 91 00 Weighing less than 50 kg. Restricted 0103 92 00 Weighing 50 kg. or more Restricted 0104 LIVE SHEEP AND GOATS 0104 10 Sheep: 0104 10 10 Sheep including lamb for breeding purpose Restricted 0104 10 90 Other Restricted 0104 20 00 Goats Restricted 0105 LIVE POULTRY, THAT IS TO SAY, FOWLS OF THE SPECIES GALLUS DOMESTICUS,DUCKS, GEESE, TURKEYS AND GUINEA FOWLS Weighing not more than 185 g: 0105 11 00 Fowls of the species Gallus domesticus Restricted Grandparent stock of poultry is, however, freely importable. 0105 12 00 Turkeys Restricted Grandparent stock of poultry is, however, freely importable. 0105 13 00 Ducks Restricted Grandparent stock of poultry is, however, freely importable. 0105 19 00 Geese Restricted Grandparent stock of poultry is, however, freely importable. 0105 19 00 Guinea fowls Restricted Grandparent stock of poultry is, however, freely importable. Other: 0105 94 00 Fowls of the species Gallus domesticus Restricted 0105 99 00 Other Restricted 0106 OTHER LIVE ANIMALS Mammals: 0106 11 00 Primates Restricted Subject to Policy Condition 6 of this Chapter. 0106 12 00 Whales, dolphins and porpoises (mammals of the Restricted Subject to Policy order Cetacea); manatees and dugongs (mammals of Condition 6 of this the order Sirenia); seals, sea lions and walruses Chapter. (mammals of the suborder Pinnipedia) 0106 13 00 Camels and other camelids (Camelidae) Restricted Subject to Policy Condition 6 of this Chapter. 0106 14 00 Rabbits and hares Restricted Subject to Policy Condition 6 of this Chapter. 0106 19 00 Other Restricted Subject to Policy Condition 6 of this Chapter. 0106 20 00 Reptiles (including snakes and turtles) Restricted Subject to Policy Condition 6 of this Chapter. Birds: 0106 31 00 Birds of prey Restricted Subject to Policy Condition 6 of this Chapter. 0106 32 00 Psittaciformes (including parrots, parakeets, macaws Restricted Subject to Policy and cockatoos) Condition 6 of this Chapter. 0106 33 00 Ostriches; emus (Dromaius novaehollandiae) Restricted Subject to Policy Condition 6 of this Chapter. 0106 39 00 Other Restricted Subject to Policy Condition 6 of this Chapter. Insects: 0106 41 Bees: 0106 41 10 Pureline Stock Restricted Subject to Policy Condition 6 of this Chapter 0106 41 90 Other Restricted Subject to Policy Condition 6 of this Chapter. 0106 49 Other: 0106 49 10 Pureline Stock Restricted Subject to Policy Condition 6 of this Chapter. 0106 49 90 Other Restricted Subject to Policy Condition 6 of this Chapter. 0106 90 00 Other Restricted Subject to Policy Condition 6 of this Chapter. Policy Conditions of this Chapter: (1) An application for grant of a licence for import of Animals, Birds and Reptiles (including their parts and products) may be made in the Aayat Niryat form given in ANF 2B of the Handbook of Procedures Vol. 1, to the Director General of Foreign Trade along with the recommendation of the Chief Wild Life Warden of the State concerned. (2) (a) An application for grant of a licence for import of Stallions and Broodmares may be made in the Aayat Niryat form given in ANF 2B of the Handbook of Procedures Vol. 1, to the Director General of Foreign Trade along with the recommendation of Director, Animal Husbandry and Veterinary Services of the State Government concerned or the Department of Animal Husbandry and Dairying, Ministry of Agriculture, Government of India. (b) The import of stallions and broodmares against licences shall be subject to the following conditions: (i) Import of such animals shall be subject to the health regulations in force (ii) Applications shall be considered only from stud farms which have been in existence for at least three years and registered with the Animal Husbandry Commissioner, Department of Agriculture and Cooperation, Government of India. However, this period of three years may be relaxed on merits; (iii) Policy Condition 2 (b) (iii) is revised and substituted as under: “A health certificate as per the India’s requirements issued either by the official veterinarian or by a veterinary doctor authorized to issue an export certificate by the Government of the country of origin shall be furnished at the time of custom clearance.” (iv) Policy Condition 2 (b) (iv) is inserted as under: “Importer shall furnish information on the age, sex and breed of horses as well as the purpose of import with supporting documents at the time of filing application to the DGFT”. (3) An application for grant of a licence for import of horses for polo may be made in the form given in ANF 2B of the Handbook of Procedures Vol. 1, to the Director General of Foreign Trade. (4) An application for grant of a licence for Livestock (excluding equine), Pureline stocks, birds’ eggs, frozen semen/ embryo, and Commercial chicks may be made in the form given in ANF 2B of the Handbook of Procedures Vol. 1, to the Director General of Foreign Trade along with the recommendation of the Department of Agriculture and Cooperation, Government of India. (5) Import of Live animals other than wild animals as defined under Wild Life Protection Act, 1972 is permitted against a licence to Zoos and Zoological parks, circus companies, private individuals, on the recommendation of the Chief Wild Life Warden of a State Government subject to the provisions of the Convention on Inter‐national Trade in Endangered Species of Wild Fauna and Flora (CITES). For recognized scientific/research institutions, in addition to the above requirement, recommendation of Committee for the purpose of Control and Supervision of Experiments on Animals (CPCSEA) under the Prevention of Cruelty to Animals Act, 1960 shall also be required for issuance of Import licence. (6) Import of Wild Animals (including their parts and products) as defined in the Wild Life (Protection) Act, 1972 is prohibited and in respect of those species listed in CITES, is subject to the provisions of CITES. CHAPTER 2 MEAT AND EDIBLE MEAT OFFAL NOTE: This Chapter does not cover: (a) Products of the kinds described in headings 0201 to 0208 or 0210, unfit or unsuitable for human consumption; (b) Guts, bladders or stomachs of animals (heading 0504) or animal blood (heading 0511 or 3002); or (c) Animal fat, other than products of heading 0209 (Chapter 15) SUPPLEMENTARY NOTE: In this Chapter “wild animals” means wild animals as defined in Wild Life (Protection) Act, 1972 (53 of 1972).
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