Actual User Condition on Maize Corn Import thru STE Restored

DGFT Implements AP High Court Stay on Farmer Plea

[DGFT Policy Circular No. 13 dated 24th February 2014]

Subject: Applicability of “Actual User Condition” for import of Maize (Corn) under TRQ.

1.  The Public Notice No.47 dated 18.5.2011, inter alia, had deleted ‘Actual User’ condition for imports under Tariff Rate Quota (TRQ) Scheme. This was challenged before the Hon’ble High Court of Andhra Pradesh in WAMP No. 447 of 2012 in WA No. 228 of 2012. The Hon’ble High Court of Andhra Pradesh had passed an interim order on 04.04.2012 (in para 30) as under:

“ …………we grant interim relief prayed for by the appellant and hold that till the disposal of the writ petition the Public Notice No. 47 (RE-2010/2009-14 dated 18.5.2011 does not delete the Actual User condition on the import of maize (corn)(other than seed).”

2.  In compliance with this interim order of Hon’ble High Court of Andhra Pradesh, the maize importers under TRQ would have to satisfy ‘Actual User’ condition till the writ petition is finally disposed off or until further order.

3.  This issue with the approval of DGFT.