TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY

(PART-I, SECTION-1)

GOVERNMENT OF INDIA

MINISTRY OF COMMERCE AND INDUSTRY

DEPARTMENT OF COMMERCE

PUBLIC NOTICE No. 137 (RE-2008) /2004-09

NEW DELHI: Dated the 19th January, 2009

In exercise of powers conferred under paragraph 2.4 of the Foreign Trade Policy, 2004-09, the Director General of Foreign Trade hereby makes, with immediate effect, the following amendments in the Handbook of Procedures, Vol. 1(RE-2008):

2. Sub-para at the end of Para 2.50 in the Handbook of Procedures Vol. I, relating to Free Sale an Commerce Certificate stands substituted as under:

"RAs may also issue, on application, Free Sale and Commerce Certificate for export of items not covered under Drugs & Cosmetics Act, 1940, which have usage in hospitals, nursing homes and clinics, for medical and surgical purposes and are not prohibited for export. Validity of such certificate shall be one year from date of issue unless otherwise specified.

Free Sale and Commerce Certificate shall be issued as per Annexure 1 to this Public Notice, based on application made under Appendix 39 and Annexure A of HBP Vol. I along with documents prescribed therein."

3. Appendix 39 stands substituted and notified as amended Appendix 39 annexed with this Public Notice.

4. This issues in public interest.

Sd/-

(R.S. GUJRAL)

Director General of Foreign Trade

And Ex-Officio Additional Secretary to the Govt. of India

(Issued from File No.01/91/180/179/AM09/Export Cell)

Annexure - 1

Government of India

Ministry of Commerce & Industry

Department of Commerce

Directorate General of Foreign Trade

FREE SALE AND COMMERCE CERTIFICATE

The Medical Devices/Instruments as per Annexure (Total items) manufactured by M/s. (Name of the firm & full address) are freely exportable.

This certificate is valid for a period of one year from the date of issue.

Encl: As above.

Place:

Date:

Director General of Foreign Trade

Note: This certificate is based on declaration by the above firm that items of export shown in Annexure have usage in Hospital, Nursing Homes and Clinics for Medical Surgical Purpose and also that items of export shown in Annexure are neither banned nor prohibited for export. The items appearing in this certificate are also not covered under Drug & Cosmetics Act, 1940 as per declaration of the aforesaid firm.

Appendix 39

APPLICATION FOR FREE SALE & COMMERCE CERTIFICATE

1.

Name of the firm / Company

:

2.

Address of Registered Office

:

(i)

Tel No

:

(ii)

Fax No

:

(iii)

e.mail ID

3.

Importer Exporter Code No

:

(i) Code No.

(ii) Name & Address of issuing authority

4.

Registration –cum-Membership Certificate (RCMC ) details

(i) Name of the Council

(ii) Registration No and date

(iii) Validity

5.

Brief Description of exports

:

i) Details of foreign buyer with complete address,e.mail ID etc.

ii) Brief description of items to be exported under the certificate

6.

Whether the items of export fall under the Drugs & Cosmetics Act. 1940 . If so, indicate the same.

:

7.

Details of items for which Free Sale & Commerce Certificate is sought to be obtained (Annexure A to be attached duly self-certified)

8.

I hereby declare that items listed in Annexure A,

are not prohibited or restricted for export under Schedule 2 of ITC (HS) and are free for export;

all the items listed in Annexure A have usage in hospitals, nursing homes and clinics, for medical and surgical purposes;

ll the items listed above are not covered under Drugs & Cosmetics Act, 1940.

Copyrights 2009. Association of Indian Medical Device Industry.