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Showing contexts for: pepper import in M/S Unik Traders vs Union Of India on 22 April, 2024Matching Fragments
7. Per contra, the learned counsel for respondent Nos.3 to 6, taking this Court through the statement of objections would contend that the value of Black Pepper imported is declared something which is contrary to law. The minimum price condition is completely violated. The exporter of the present petitioner M/s.Lagomex Joint Stock Company is a first time exporter to India and the details of the company are unable to be verified.
Therefore, the transaction is very suspicious. A query was raised by the competent officer for justification of the unit price of Black Pepper. The petitioner in reply to the query indicated that the present writ petition is pending and an interim order is operating in its favour and, therefore, it would not reply the said query. The learned counsel submits that the High Court of Kerala before whom the notification came to be challenged, had dismissed the writ petitions. Therefore, the interim order granted in these cases, on the strength of the interim order granted by the High Court of Kerala, would also become applicable to the final orders that would be passed by this and seeks dismissal of the petitions.
kg.
MIP,
however, will
not be
applicable for
imports under
Advance
Authorisation
Scheme,
imports by
100% Export
Oriented
Units (EOUs)
and units in
the SEZ.
0904 11 10 Pepper, Prohibited However, As under Exim
long import is free code 0904 11.
if CIF is
above
Rs.500/per
kg
0904 11 20 Light black Prohibited However, However,
pepper import is free Import Is Free
if CIF is CIF Is Above
above Rs. Rs.500/Per Kg.
500/per kg.
MIP
Further, Conditions,
imports However, Will
under Not Be
Advance Applicable
Authorisation For Imports
Scheme is Under
'Free' and Advance
are Authorisation
exempted Scheme,
from the MIP Imports By
condition 100% Export
when import Oriented
is for Units (EOUs)
extraction of And Units In
oleoresin, for The SEZ.
re-export, by
the Further,
manufacturer Imports
exporters Under
only subject Advance
to the Authorisation
following Scheme Is
condition: 'Free' And
Are Exempted
a. Light black From The MIP
pepper Condition
berries shall When Import
have a Is For
minimum Extraction Of
piperine Oleoresin, For
content of Re-Export, By
6% for The
import into Manufacturer
India under Exporters
AAS for Only, Subject
oleoresin. To Policy
Condition
b. The No.3 of the
samples shall Chapter.
be drawn by
Customs and
tested at
Spices
Board's
Quality
Evaluation
Labs for
piperine
content as
per the ISO
method.
c. The yield
assessment
for oleoresin
for AAS shall
be done as
per the ISO
1108 method
at the
Quality
Evaluation
Lab of Spices
Board.
d. The
manufacturer
exporters,
who import
pepper under
AAS, for
oleoresin
purpose shall
submit the
details of
import of
pepper viz.,
quantity of
pepper
imported
quantity of
oleoresin
produced,
quantity of
oleoresin re-
exported,
balance stock
available as
well as the
details of
usage/dispos
al of spent
material on a
monthly
basis to the
Spices
Board.
0904 11 30 Black Prohibited However, As under Exim
pepper import is code 0904 11.
garbled free if CIF is
above
Rs.500/per
kg.
0904 11 40 Black Prohibited However, As under Exim
pepper import is code 0904 11.
ungarbled free if CIF is
above
Rs.500/per
kg.
0904 11 50 Green Prohibited However, As under Exim
pepper, import is code 0904 11.
dehydrated free if CIF is
above
Rs.500/per
kg.
0904 11 60 Pepper Prohibited However, As under Exim
pinheads import is code 0904 11.
free if CIF is
above
Rs.500/per
kg.
0904 11 70 Green Prohibited However, As under Exim
pepper import is code 0904 11.
frozen or free if CIF is
dried above
Rs.500/per
kg.
0904 11 80 Pepper Prohibited However, As under Exim
other than import is code 0904 11.
green, free if CIF is
frozen above
Rs.500/per
kg
0904 11 90 Other Prohibited However, As under Exim
import is code 0904 11.
free if CIF is
above
Rs.500/per
kg
0907 12 00 Crushed or Prohibited However, However,
ground import is import is free
free if CIF is if CIF is above
above Rs.500/per kg.
Rs.500/per
kg. MIP
conditions,
however, will
not be
applicable for
imports
under
Advance
Authorisation
Scheme,
imports by
100%
Exports
Oriented
Units (EOUs)
and units in
the SEZ.
c. The yield assessment for oleoresin for AAS shall be done as per the ISO 1108 method at the Quality Evaluation Lab of Spices Board.
d. The manufacturer exporters, who import pepper under AAS, for oleoresin purpose shall submit the details of import of pepper viz., quantity of pepper imported, quantity of oleoresin produced, quantity of oleoresin re-exported, balance stock available as well as the details of usage/disposal of spent material on a monthly basis to the Spices Board.
24. With respect to the contention based on Section 89, it is to be noted that the overriding effect of the FSS Act is confined to other food related laws. Irrefutably, the FT(D&R) Act is not a food related law for the FSS Act to have an overriding effect. Yet another relevant aspect is that, under the impugned notifications, the piperine content of light black pepper berries imported into India under Advance Authorisation Scheme for oleoresin alone is fixed as 6%. As the pepper imported under the Advance Authorisation Scheme is used for manufacturing oleoresin for the purpose of export, the article of food is not for consumption in India. Hence, Section 25 of the FSS Act is not attracted."