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Export Finance and Documentation......................... Page 1 of 5 ...............................................................................IMT-18
Subject Code: IMT-18
Subject Name : Export Finance and Documentation
Objective:
1. To develop necessary insights in financing options available for exports in India.
2. To equip the students with the management of export operation and decision – making
3. To equip the students with the knowledge of export documentation and procedures.
Contents :
Export Import Bank of India (Exim Bank)
Organisation & Operations, Exim Bank Finance, Finance Programmes, Exim Bank Programmes, General
Guidelines of Exim Lines of Credit (LOCs), Frequently Asked Questions (FAQs) on Exim Bank’s LOCs,
Facilities of Indian Project Exporters, Facilities of Overseas Construction Project Exporters, Asian Countries
Investment Partners Programmes, Export Marketing Finance Programme, Lending Programme for Export
Oriented Units, Consultancy and Technology Services Finance Programme, Programme for Supporting
Product / Process Certification, Supplier’s Credit for Deferred Payment Exports, Import Lines of Credit, Export
Services
100% Export Oriented / STP/EHTP/BTP and SEZ Units
Export Oriented Unit Scheme, Software Technology Parks /Electronic Hardware Technology Parks/Bio –
Technology Parks, 100% Export Oriented Units for Gold /Silver and Platinum Jewellery and Articles, Special
Economic Zones
Obtaining Export Credit Limit from ECGC
Payment Risks, ICRA Assigns iAAA Rating to the Claims Paying Ability of ECGC, National Export Insurance
Account (NEIA), E-Connectivity, Service Network, ECGC’s Country Underwriting Policy, ECGC Provides on-
Line Connectivity to Exporter Clients, Allotment of D-U-N-S Number Free of Cost to Policyholders of ECGC,
Corporate agency Arrangement with Commercial Banks, Covers issued by ECGC, Standard Policies, Exports
to Restricted Cover Countries, Export Turnover Policies, Specific Policies, Exposure Policies, Service Sector
Policies, Consignment Policies, Maturity Factoring, Guarantees to Bank, Special Schemes
Role of Banks in Export Business, FEDAI Rules and Schedule of Charges
Introduction, Financial Services, Handling the Export Documents, Non-Financial Services, RBI Guidelines on
Guarantees, Currency for Invoicing , Advising and Confirming Export Letters of Credit , Exchange Rates,
Exchange Risk Cover, FEDAI Rules on Export Transactions and Charges
Export Financing
Assessing the Financial needs, Bank Finance, Special Features of Export Credit, Pre-Shipment Credit, Post-
shipment Credit, Interest on Export Credit, Deemed-Exports – Concessive Rupee Export Credit, Gold Card
Scheme for Exporters, Pre-Shipment Export Credit, Post-Shipment Export Credit, Interest on Export Credit
(Foreign Currency), Export Credit – Customer Service, Procedure and Reporting Requirements
Exim Bank Finance
Organisation, Exim Bank’s Role, Exim Bank Programmes, General Guidelines on Exim Lines of Credit
(LOCs), Frequently Asked Questions (FAQs) on Exim, Bank’s LOCs
Facilities to Indian Project Exports, Facilities to Overseas Construction Project Exporters, Asian Countries
Investment Partners Programmes, Export marketing Finance Programme, Lending Programme for Export
Oriented Units, Consultancy and Technology Services Finance Programme, Programme for Supporting
Product / Process Certification, Supplier’s Credit for Deferred Payment Exports, Import Lines of Credit
Export Services, Technology Upgradation Fund Scheme for Textile and Jute Industries
Forfaiting Finance ( A New Financing Option for Indian Exporter)
Definition, How Forfaiting Works, Role of Exim Bank or Authorised Dealer (A.D.)
Foorfaiting Costs, Customs Public Notice on Fortaiting Discount and Commitment Fees – Certification of Net,
Forfaiting by Authorised Dealers, Forfaiting Sample Cost Calculations
Cargo Insurance and Claims Procedure
Meaning and Purpose, Assignment of Marine Cargo Policies, Who can Insure, What are the Special Features
Export Finance and Documentation......................... Page 2 of 5 ...............................................................................IMT-18
of Marine Insurance, With Whom to Insure, How to Pay Premium Disclosure of Material Facts, Duty and
Increased Value Insurances, Marine-cum-Erection Insurance, Insurance Documents, Seller’s Contingency
Insurance, Nature and Schope of Cargo Insurance Policy, Marine Insurance Contact, Parties to the Contract,
Insured and Insurable Interest, Indemnity and Insurable Value, Perils and Causa Proxima, Scope of Cargo
Insurance Policy, Kinds of Perils, Kinds of Losses, Hazards that lead to Losses, Cargo Loss at Ports and How
it can be prevented, Coverage and Institute Cargo Clauses, Duration Clauses, War and Strike Exclusion
Clause, Recoverable Expenses, Types of Policies, Procedure and Documentation When a Loss Arises, Duties
of the Insured (Preservation of Recovery Rights), Claims Against Marine Policies, The Statutory time-Limits for
Lodging Notice of Claim and Filing Suits
Negotiation of Documents Under Letter of Credit
Documentary Letters of Credit, Accepting a Letter of Credit, Letter of Credit – Checklist and Guide for
Exporters, Importance of Complying with L/C Terms, Tender of Documents, Draft (Bill of Exchange), Invoice,
Bill of Landing, Air Consignment Note (A.C.Note), Insurance Policy / Certificate, Certificate of Origin, Packing
List, Post Parcel Receipts, Other Documents, Combined Transport Document (CTD), Common,
Discrepancies, Consequences of Discrepant Documents
Notes:
a. Write answers in your own words as far as possible and refrain from copying from the text books/handouts.
b. Answers of Ist
Set (Part-A), IInd
Set (Part-B), IIIrd
Set (Part – C) and Set-IV (Case Study) must be sent
together.
c. Mail the answer sheets alongwith the copy of assignments for evaluation & return.
d. Only hand written assignments shall be accepted.
A. First Set of Assignments: 5 Questions, each question carries 1 marks.
B. Second Set of Assignments: 5 Questions, each question carries 1 marks.
C. Third Set of Assignments: 5 Questions, each question carries 1 marks. Confine your answers to 150
to 200 Words.
D. Forth Set of Assignments: Two Case Studies : 5 Marks. Each case study carries 2.5 marks.
ASSIGNMENTS
FIRST SET OF ASSIGNMENTS Assignment-I = 5
Marks
PART– A
1. Explain the role export credit plays in export promotion in India How is the export credit delivery system
in India implemented
2. Outline various risks covered under standard policy
3. Explain FERA TO FEMA Transition .What do you understand by current account and capital account
convertibility
4. How is a letter of credit transacted? Explain in detail various types of letter of credit
5. Does Cargo Insurance play a role in Export Transaction? Explain difference between Marine and cargo
insurance
SECOND SET OF ASSIGNMENTS Assignment-II = 5 Marks
PART– B
1. Outline in detail the claims procedure for a export cargo
2. As goods exported are in foreign countries, highlight the major standard clauses of export order
3. The Indian Exporters are given certain foreign exchange facilities outline the same
Export Finance and Documentation......................... Page 3 of 5 ...............................................................................IMT-18
4. What do you understand by foreign exchange .Explain different types of possible exchange rate
regimes?
5. Outline the factors affecting exchange rate
THIRD SET OF ASSIGNMENTS Assignment-III = 5 Marks
PART– C
1. Export finance is important to be competitive do you agree with this statement. What are the means of
short term financing?
2. Outline need of export documentation Explain major shipping documents needed in export transaction
3. Explain major steps required in custom clearance of export shipment
4. What is the role of clearing and forwarding agents in international trade
5. Explain in detail major Inco terms used in export transaction
FOURTH SET OF ASSIGNMENTS Assignment-IV = 2.5 Each Case Study
CASE STUDY - I
FEMA ALLOWS DEALERS TO MAKE REMITTANCES FOR GENUINE DEALS
FEMA, the improved version of FERA, which has come into effect from June, does not do away with exchange
controls as such. Nonetheless, it puts an end to the archaic system of sending businessmen and
managers to jail for civil offences.
The substitute of financial penalties is better even though the quantum of penalty does not reflect the low
national cost of generating foreign exchange. Welcoming the new Act, Fieo Chief, Navratan Samdria, has said
that the new Act recognises the export contract. There are no artificial limits in the law for agency commission or
buyer claims. The actual incidence of these is left to market forces. Agency commission
in the case of rupee trade is, however, not allowed.
The invoice value is no longer sacrosanct; it is a mere reflection of the consignment at the time of drawing
upJhe bill. The actual value of goods is a function of time and place, the actual sale proceeds depend upon the
market situation. However, the new thinking should be reflected in bank procedures and also the mindsets of
the customs and DGFT officials. They are fixed to the invoice values and bank realisation
certificates and do not wish to hear anything else.
In the new FEMA rules, business travellers can now avail of. minimum of $5,000 forex with minimum
documentation and paperwork. The limit has been raised from the current level of $3,000.
There is new GR/PP form, which should be used in all export documentation. As of now, the RBI has asked
exporters to continue with the old forms after modifying them for the FEMA undertakings. The new set of GR/PP
forms will be provided to exporters shortly.
On the import side, authorised dealers have been given permission to make remittances for all genuine
transactions. In case of doubts on the authenticity' of the transaction, dealers have the right to refuse to
deal with the importers, provided they do so in writing.
Exceptions to the general permissions for import remittances are under Schedule II and Schedule II! of the
FEMA rules, which cover cases requiring permission from union government as well as situations
where monetary ceilings are prescribed.
The important point in exchange control on imports is that RBI approval is required for supplier credit beyond
180 days. For credit below 180 days, no permission is required and the dealer can straight away send out the
Export Finance and Documentation......................... Page 4 of 5 ...............................................................................IMT-18
amount. Similarly, all cases of buyer's credit, which means advance payment for the goods in some form or the
other, also require a RBI clearance.
The RBI has withdrawn itself from the task of prescribing documents for each transaction. The decision is left to
the authorised dealer who must deal with each situation according to the ground level facts and circumstances.
The intention is to control the transaction on the basis of undertakings and declarations
rather than conducting another customs clearance at the banking stage.
Agriculture trade: The IIFT and the department of agricultural research and cooperation held a daylong
meeting of agriculture experts recently. The well-researched backgrounder from NCAER showed up negative
subsidies on most agriculture commodities, rice led the field at over minus 40 per cent. The state government
representatives felt that imports were responsible for depressed agriculture prices.
Economists said that rise in state minimum support prices and the consequent difficulties in disposing the
expensive purchases is bad for agriculture. Concerns of good security were topmost in the minds of the
commerce ministry negotiators. They are looking for ideal tariff rate, which meets the interests of the
Indian producers and consumers without compromising food security.
The commerce ministry is on a transparency spree, the main discussion papers on both the agriculture and
services negotiations at WTO reflecting the tentative position of the" Indian government on the
Internet along with other related material.
Anybody can visit the site in the nic.inserver; one click on the commerce button is all that is required to
download the material. Suggestions and views can be sent on the Internet at the Webmaster address. Given the
limitations of the negotiations, cogent reactions will strengthen India's case at the WTO forum. The views will
also build the consensus on reform in agriculture.
Furnace Oil. The DCFT notified Rs 780 per tonne as the industry rate of drawback on furnace oil supplied to
100 per cent EOUs and export processing zones. The measure reimburses the duties suffered by the deemed
export on the fast track route. The brand rate alternative requires verification of the actual duty paid. The DCFT
action is especially welcome because the duties suffered are rarely reimbursed by
the export promotion system.
Sodium Cyanide. The revenue department has slapped a stiff anti-dumping duty on sodium cyanide
imports. The final duty is Rs 68.025 per kg on all imports from US, EU, Czech Republic and Korea. The
16 per cent countervailing duty to compensate for the excise duty suffered by domestic goods must also
be paid on the anti-dumping duty. In other words, another Rs 10.88 per kg must be paid as countervailing
duty due to the anti-dumping duty of Rs 68.025 per kg. The short paid provisional duties will also be
recovered as the customs shoot the demand letter out.
Questions
1. Does FEMA allows better flexibility of all export and import Transactions .
2. What Role does agriculture trade play in International Trade and Negotiations with WTO.
Export Finance and Documentation......................... Page 5 of 5 ...............................................................................IMT-18
CASE STUDY-II
HYUNDAI ELECTRONICS INDUSTRIES LTD VS UNITED STATES' INTERNATIONAL TRADE
COMMISSION
FACTS
Hyundai entered into an agreement in South Korea to produce erasable programmable read only memory chips
(EPROMs) for the General Instrument Corporation. The agreement required Hyundai to produce the EPROM
chips to General Instrument's specifications, but allowed Hyundai to use excess chips for its own products.
General Instrument took possession of the chips in South Korea, flew them to Taiwan for further processing,
and then imported some of the chips into the United States.
Intel Corporation, a US business, alleged that the EPROMs infringed four of its patents, and filed a complaint
under 337 with the ITC. The ITC found that the chips did infringe Intel's patents. It ordered the exclusion of all
EPROMs manufactured by Hyundai to General Instrument's specifications, whether imported by them or
incorporated into circuit boards or other carriers. The order further excluded all Hyundai products that used
EPROMs, including computers, computer peripherals, telecommunications equipment and automotive
electronic equipment unless Hyundai certified for each shipment that it had made "appropriate inquiries" and
determined that the goods imported in the shipment did not contain EPROMs covered by the exclusion order.
Hyundai appealed the order of the ITC, claiming that by including secondary products, the relief granted was far
too broad.
QUESTIONS
1 Did the ITC exceed the scope of authority by ordering certification of secondary products
2 Was the export by Hyundai of memory chips to Taiwan and re-export to USA a unfair trade practice

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Imt 18

  • 1. Export Finance and Documentation......................... Page 1 of 5 ...............................................................................IMT-18 Subject Code: IMT-18 Subject Name : Export Finance and Documentation Objective: 1. To develop necessary insights in financing options available for exports in India. 2. To equip the students with the management of export operation and decision – making 3. To equip the students with the knowledge of export documentation and procedures. Contents : Export Import Bank of India (Exim Bank) Organisation & Operations, Exim Bank Finance, Finance Programmes, Exim Bank Programmes, General Guidelines of Exim Lines of Credit (LOCs), Frequently Asked Questions (FAQs) on Exim Bank’s LOCs, Facilities of Indian Project Exporters, Facilities of Overseas Construction Project Exporters, Asian Countries Investment Partners Programmes, Export Marketing Finance Programme, Lending Programme for Export Oriented Units, Consultancy and Technology Services Finance Programme, Programme for Supporting Product / Process Certification, Supplier’s Credit for Deferred Payment Exports, Import Lines of Credit, Export Services 100% Export Oriented / STP/EHTP/BTP and SEZ Units Export Oriented Unit Scheme, Software Technology Parks /Electronic Hardware Technology Parks/Bio – Technology Parks, 100% Export Oriented Units for Gold /Silver and Platinum Jewellery and Articles, Special Economic Zones Obtaining Export Credit Limit from ECGC Payment Risks, ICRA Assigns iAAA Rating to the Claims Paying Ability of ECGC, National Export Insurance Account (NEIA), E-Connectivity, Service Network, ECGC’s Country Underwriting Policy, ECGC Provides on- Line Connectivity to Exporter Clients, Allotment of D-U-N-S Number Free of Cost to Policyholders of ECGC, Corporate agency Arrangement with Commercial Banks, Covers issued by ECGC, Standard Policies, Exports to Restricted Cover Countries, Export Turnover Policies, Specific Policies, Exposure Policies, Service Sector Policies, Consignment Policies, Maturity Factoring, Guarantees to Bank, Special Schemes Role of Banks in Export Business, FEDAI Rules and Schedule of Charges Introduction, Financial Services, Handling the Export Documents, Non-Financial Services, RBI Guidelines on Guarantees, Currency for Invoicing , Advising and Confirming Export Letters of Credit , Exchange Rates, Exchange Risk Cover, FEDAI Rules on Export Transactions and Charges Export Financing Assessing the Financial needs, Bank Finance, Special Features of Export Credit, Pre-Shipment Credit, Post- shipment Credit, Interest on Export Credit, Deemed-Exports – Concessive Rupee Export Credit, Gold Card Scheme for Exporters, Pre-Shipment Export Credit, Post-Shipment Export Credit, Interest on Export Credit (Foreign Currency), Export Credit – Customer Service, Procedure and Reporting Requirements Exim Bank Finance Organisation, Exim Bank’s Role, Exim Bank Programmes, General Guidelines on Exim Lines of Credit (LOCs), Frequently Asked Questions (FAQs) on Exim, Bank’s LOCs Facilities to Indian Project Exports, Facilities to Overseas Construction Project Exporters, Asian Countries Investment Partners Programmes, Export marketing Finance Programme, Lending Programme for Export Oriented Units, Consultancy and Technology Services Finance Programme, Programme for Supporting Product / Process Certification, Supplier’s Credit for Deferred Payment Exports, Import Lines of Credit Export Services, Technology Upgradation Fund Scheme for Textile and Jute Industries Forfaiting Finance ( A New Financing Option for Indian Exporter) Definition, How Forfaiting Works, Role of Exim Bank or Authorised Dealer (A.D.) Foorfaiting Costs, Customs Public Notice on Fortaiting Discount and Commitment Fees – Certification of Net, Forfaiting by Authorised Dealers, Forfaiting Sample Cost Calculations Cargo Insurance and Claims Procedure Meaning and Purpose, Assignment of Marine Cargo Policies, Who can Insure, What are the Special Features
  • 2. Export Finance and Documentation......................... Page 2 of 5 ...............................................................................IMT-18 of Marine Insurance, With Whom to Insure, How to Pay Premium Disclosure of Material Facts, Duty and Increased Value Insurances, Marine-cum-Erection Insurance, Insurance Documents, Seller’s Contingency Insurance, Nature and Schope of Cargo Insurance Policy, Marine Insurance Contact, Parties to the Contract, Insured and Insurable Interest, Indemnity and Insurable Value, Perils and Causa Proxima, Scope of Cargo Insurance Policy, Kinds of Perils, Kinds of Losses, Hazards that lead to Losses, Cargo Loss at Ports and How it can be prevented, Coverage and Institute Cargo Clauses, Duration Clauses, War and Strike Exclusion Clause, Recoverable Expenses, Types of Policies, Procedure and Documentation When a Loss Arises, Duties of the Insured (Preservation of Recovery Rights), Claims Against Marine Policies, The Statutory time-Limits for Lodging Notice of Claim and Filing Suits Negotiation of Documents Under Letter of Credit Documentary Letters of Credit, Accepting a Letter of Credit, Letter of Credit – Checklist and Guide for Exporters, Importance of Complying with L/C Terms, Tender of Documents, Draft (Bill of Exchange), Invoice, Bill of Landing, Air Consignment Note (A.C.Note), Insurance Policy / Certificate, Certificate of Origin, Packing List, Post Parcel Receipts, Other Documents, Combined Transport Document (CTD), Common, Discrepancies, Consequences of Discrepant Documents Notes: a. Write answers in your own words as far as possible and refrain from copying from the text books/handouts. b. Answers of Ist Set (Part-A), IInd Set (Part-B), IIIrd Set (Part – C) and Set-IV (Case Study) must be sent together. c. Mail the answer sheets alongwith the copy of assignments for evaluation & return. d. Only hand written assignments shall be accepted. A. First Set of Assignments: 5 Questions, each question carries 1 marks. B. Second Set of Assignments: 5 Questions, each question carries 1 marks. C. Third Set of Assignments: 5 Questions, each question carries 1 marks. Confine your answers to 150 to 200 Words. D. Forth Set of Assignments: Two Case Studies : 5 Marks. Each case study carries 2.5 marks. ASSIGNMENTS FIRST SET OF ASSIGNMENTS Assignment-I = 5 Marks PART– A 1. Explain the role export credit plays in export promotion in India How is the export credit delivery system in India implemented 2. Outline various risks covered under standard policy 3. Explain FERA TO FEMA Transition .What do you understand by current account and capital account convertibility 4. How is a letter of credit transacted? Explain in detail various types of letter of credit 5. Does Cargo Insurance play a role in Export Transaction? Explain difference between Marine and cargo insurance SECOND SET OF ASSIGNMENTS Assignment-II = 5 Marks PART– B 1. Outline in detail the claims procedure for a export cargo 2. As goods exported are in foreign countries, highlight the major standard clauses of export order 3. The Indian Exporters are given certain foreign exchange facilities outline the same
  • 3. Export Finance and Documentation......................... Page 3 of 5 ...............................................................................IMT-18 4. What do you understand by foreign exchange .Explain different types of possible exchange rate regimes? 5. Outline the factors affecting exchange rate THIRD SET OF ASSIGNMENTS Assignment-III = 5 Marks PART– C 1. Export finance is important to be competitive do you agree with this statement. What are the means of short term financing? 2. Outline need of export documentation Explain major shipping documents needed in export transaction 3. Explain major steps required in custom clearance of export shipment 4. What is the role of clearing and forwarding agents in international trade 5. Explain in detail major Inco terms used in export transaction FOURTH SET OF ASSIGNMENTS Assignment-IV = 2.5 Each Case Study CASE STUDY - I FEMA ALLOWS DEALERS TO MAKE REMITTANCES FOR GENUINE DEALS FEMA, the improved version of FERA, which has come into effect from June, does not do away with exchange controls as such. Nonetheless, it puts an end to the archaic system of sending businessmen and managers to jail for civil offences. The substitute of financial penalties is better even though the quantum of penalty does not reflect the low national cost of generating foreign exchange. Welcoming the new Act, Fieo Chief, Navratan Samdria, has said that the new Act recognises the export contract. There are no artificial limits in the law for agency commission or buyer claims. The actual incidence of these is left to market forces. Agency commission in the case of rupee trade is, however, not allowed. The invoice value is no longer sacrosanct; it is a mere reflection of the consignment at the time of drawing upJhe bill. The actual value of goods is a function of time and place, the actual sale proceeds depend upon the market situation. However, the new thinking should be reflected in bank procedures and also the mindsets of the customs and DGFT officials. They are fixed to the invoice values and bank realisation certificates and do not wish to hear anything else. In the new FEMA rules, business travellers can now avail of. minimum of $5,000 forex with minimum documentation and paperwork. The limit has been raised from the current level of $3,000. There is new GR/PP form, which should be used in all export documentation. As of now, the RBI has asked exporters to continue with the old forms after modifying them for the FEMA undertakings. The new set of GR/PP forms will be provided to exporters shortly. On the import side, authorised dealers have been given permission to make remittances for all genuine transactions. In case of doubts on the authenticity' of the transaction, dealers have the right to refuse to deal with the importers, provided they do so in writing. Exceptions to the general permissions for import remittances are under Schedule II and Schedule II! of the FEMA rules, which cover cases requiring permission from union government as well as situations where monetary ceilings are prescribed. The important point in exchange control on imports is that RBI approval is required for supplier credit beyond 180 days. For credit below 180 days, no permission is required and the dealer can straight away send out the
  • 4. Export Finance and Documentation......................... Page 4 of 5 ...............................................................................IMT-18 amount. Similarly, all cases of buyer's credit, which means advance payment for the goods in some form or the other, also require a RBI clearance. The RBI has withdrawn itself from the task of prescribing documents for each transaction. The decision is left to the authorised dealer who must deal with each situation according to the ground level facts and circumstances. The intention is to control the transaction on the basis of undertakings and declarations rather than conducting another customs clearance at the banking stage. Agriculture trade: The IIFT and the department of agricultural research and cooperation held a daylong meeting of agriculture experts recently. The well-researched backgrounder from NCAER showed up negative subsidies on most agriculture commodities, rice led the field at over minus 40 per cent. The state government representatives felt that imports were responsible for depressed agriculture prices. Economists said that rise in state minimum support prices and the consequent difficulties in disposing the expensive purchases is bad for agriculture. Concerns of good security were topmost in the minds of the commerce ministry negotiators. They are looking for ideal tariff rate, which meets the interests of the Indian producers and consumers without compromising food security. The commerce ministry is on a transparency spree, the main discussion papers on both the agriculture and services negotiations at WTO reflecting the tentative position of the" Indian government on the Internet along with other related material. Anybody can visit the site in the nic.inserver; one click on the commerce button is all that is required to download the material. Suggestions and views can be sent on the Internet at the Webmaster address. Given the limitations of the negotiations, cogent reactions will strengthen India's case at the WTO forum. The views will also build the consensus on reform in agriculture. Furnace Oil. The DCFT notified Rs 780 per tonne as the industry rate of drawback on furnace oil supplied to 100 per cent EOUs and export processing zones. The measure reimburses the duties suffered by the deemed export on the fast track route. The brand rate alternative requires verification of the actual duty paid. The DCFT action is especially welcome because the duties suffered are rarely reimbursed by the export promotion system. Sodium Cyanide. The revenue department has slapped a stiff anti-dumping duty on sodium cyanide imports. The final duty is Rs 68.025 per kg on all imports from US, EU, Czech Republic and Korea. The 16 per cent countervailing duty to compensate for the excise duty suffered by domestic goods must also be paid on the anti-dumping duty. In other words, another Rs 10.88 per kg must be paid as countervailing duty due to the anti-dumping duty of Rs 68.025 per kg. The short paid provisional duties will also be recovered as the customs shoot the demand letter out. Questions 1. Does FEMA allows better flexibility of all export and import Transactions . 2. What Role does agriculture trade play in International Trade and Negotiations with WTO.
  • 5. Export Finance and Documentation......................... Page 5 of 5 ...............................................................................IMT-18 CASE STUDY-II HYUNDAI ELECTRONICS INDUSTRIES LTD VS UNITED STATES' INTERNATIONAL TRADE COMMISSION FACTS Hyundai entered into an agreement in South Korea to produce erasable programmable read only memory chips (EPROMs) for the General Instrument Corporation. The agreement required Hyundai to produce the EPROM chips to General Instrument's specifications, but allowed Hyundai to use excess chips for its own products. General Instrument took possession of the chips in South Korea, flew them to Taiwan for further processing, and then imported some of the chips into the United States. Intel Corporation, a US business, alleged that the EPROMs infringed four of its patents, and filed a complaint under 337 with the ITC. The ITC found that the chips did infringe Intel's patents. It ordered the exclusion of all EPROMs manufactured by Hyundai to General Instrument's specifications, whether imported by them or incorporated into circuit boards or other carriers. The order further excluded all Hyundai products that used EPROMs, including computers, computer peripherals, telecommunications equipment and automotive electronic equipment unless Hyundai certified for each shipment that it had made "appropriate inquiries" and determined that the goods imported in the shipment did not contain EPROMs covered by the exclusion order. Hyundai appealed the order of the ITC, claiming that by including secondary products, the relief granted was far too broad. QUESTIONS 1 Did the ITC exceed the scope of authority by ordering certification of secondary products 2 Was the export by Hyundai of memory chips to Taiwan and re-export to USA a unfair trade practice