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Free Sale Certificate

Venkatesh (Managing Director) (37 Points)

31 May 2010

Dear Sir,

I am intended to export cosmetics to far east countries for that i need the format

of FREE SALE CERTIFICATE which is to be got from our competant authority.

Looking forward to hear from you.

Tnks/Rgds

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12 Replies

RAMESH KUMAR VERMA ( CS PURSUING ) (43853 Points)
Replied 31 May 2010

VENKTESH JI,

IF YOUR PRODUCT ITEMS IS OTHER THAN MEDICAL DEVICES / INSTRUMENTS ,

PLEASE FIND ATTACHED APPENDIX-39 .

REGARDS,

Attached File : 50 new microsoft word document.doc downloaded: 1519 times

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Kalpesh Chauhan, (Tax Assistant (Accounting Technician CA FINAL CS PROF. PROG. B.Com)) (8311 Points)
Replied 31 May 2010

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 Descripttion 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,

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

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

(iii) all the items listed above are not covered under Drugs & Cosmetics Act, 1940.

(Signature) Name & Designation of the Authorized Signatory Seal of the Company

DECLARATION / UNDERTAKING

1. I / We hereby declare that the particulars and the statements made in this application are true and correct to

the best of my / our knowledge and belief and nothing has been concealed or held there from.

2. I / We fully understand that any information furnished in the application if found incorrect or false will render me / us liable for any penal action or other consequences as may be prescribed in law or otherwise warranted.

3. I / We undertake to abide by the provisions of the FT (D & R) Act, 1992, the Rules and Orders framed there under, FTP, HBP v 1 and HBP v2 and ITC (HS).

4. a. I / We hereby certify that the firm / company for whom the application has been made has not been penalized under Customs Act, Excise Act, FT (D & R) Act 1992 and FERA / FEMA.

b. I / We hereby certify that none of the Proprietor / Partner(s) / Director(s) / Karta / Trustee of firm / company, as the case may be, is / are a Proprietor / Partner(s) / Director(s) / Karta / Trustee in any other firm / Company which has come to adverse notice of DGFT.

c. I / We hereby certify that the Proprietor / Partner(s) / Director(s) / Karta / Trustee, as the case may be, of the firm/company is / are not associated as Proprietor / Partner(s) / Director(s) / Karta / Trustee in any other firm / company which is in the caution list of RBI.

d. I / We hereby certify that neither the Registered Office / Head Office of the firm/company nor any of

its Branch Office(s) / Unit(s) / Division(s) has been declared a defaulter and has otherwise been made ineligible for undertaking import / export under any of the provisions of the Policy.

5. I / We hereby declare that I / We have not obtained nor applied for such benefits (including issuance of an Importer Exporter Code Number) in the name of our Registered / Head Office or any of our Branch(s) / Unit(s) / Division(s) to any other Regional Authority.

6. I / We hereby declare that I/we have perused the list of SCOMET items as contained in the Appendix 3 to the Schedule 2 of the ITC (HS) and that the item(s) exported / proposed to be exported does not fall within this list and that I / We agree to abide by the provisions of FTP for export of SCOMET items contained in the FTP, Schedule 2 of ITC (HS) and the HBP v1, irrespective of the scheme under which the item is exported / proposed to be exported.

7. I / We solemnly declare that I / We have applied for / obtained a RCMC to the EPC which pertains to our

main line of business. In case we have applied to any other council, the application has been made within the purview of the provisions of Para 2.63 of the HBP v1.

8. I hereby certify that I am authorized to verify and sign this declaration as per Paragraph 9.9 of the Policy. Signature of the Applicant Place

Name Date

Designation Official Address Telephone

Residential Address

Email Address

Note:

1. This form with Annexure -A may be submitted without other parts of the Aayat Niryat Form.

2 .For items falling under the Drug & Cosmetics Act, 1940, application for issue of Free Sale & Commerce Certificate may be made to the Drug Controller General (I), Directorate General of Health Services, Ministry of Health & Family Welfare, FDA Bhawan, Kotla Rod, Near Mata Sundari Collage, ITO, New Delhi- 110002.

Annexure - A

Proforma for Submission of list of Products

(May be clearly typed)

S. No. Name of

Product

ITC

(HS) Code

Manufacturers/Exporters

name and address

Is the product licensed

under the Drugs and Cosmetics Act for manufacture and sale.

Descripttion of the

product including use

(attach literature, if required.)

Annexure – B

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 permitted for sale in India as well as freely exportable”. This certificate is valid for a period of two years 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.

Kalpesh Chauhan, (Tax Assistant (Accounting Technician CA FINAL CS PROF. PROG. B.Com)) (8311 Points)
Replied 31 May 2010

I have attached the format.

Attached File : 22 appnd 39.doc downloaded: 709 times

Venkatesh (Managing Director) (37 Points)
Replied 01 June 2010

Dear Ramesh And Kalpesh, your information was more informative and we have got the dececive format.Tnks

RAMESH KUMAR VERMA ( CS PURSUING ) (43853 Points)
Replied 02 June 2010

VENKTESH JI,

I WANTED TO INFORM YOU THAT THE CORRINGDEM HAS BEEN APPENDIX -39A, PUBLIC NOTICE NO.:-

Corrigendum to Public Notice No. 64/2009-14 dated 18^th May, 2010

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. 70 /2009-14

NEW DELHI: DATED THE 31^ST MAY, 2010

Corrigendum to Public Notice No. 64/2009-14 dated 18^th May, 2010

In exercise of the powers conferred under Paragraph 2.4 of the Foreign Trade Policy, 2009-14 and Paragraph 1.1 of Handbook of Procedures (Vol.1), the Director General of Foreign Trade hereby makes the following correction to Public Notice No. 64/2009-14 dated 18^th May, 2010 related to grant of Free Sale and Commerce Certificate.

2. The word ‘Annexure 39-A’ appearing in second paragraph within quotes under Paragraph 2 of Public Notice No. 64/2009-14 dated 18^th May, 2010, may be substituted and read as ‘Appendix 39-A’.

3. This issues in public interest.

(R.S. GUJRAL)

Director General of Foreign Trade

And Ex-Officio Special Secretary to the

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

PLEASE NOTED,

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Dr.vinay sharma (propreitor) (22 Points)
Replied 29 January 2011

I HAVE APPLIED FOR THE FREE SALE CERTIFICATE . BUT NOW WE HAVE GOT AN OBJECTION FROM THE AUTHORITY TO RCMC CERTIFICATE FROM THE CONCERNED DEPARTMENT. I WANT TO KNOW WHICH DEPARTMENT IS AUTHORISED / CONCERNED TO GET THE RCMC CERTIFICATE IN CASE OF MEDICAL INSTRUMENTS / EQUIPMENTS & OTHER CONCERNED PRODUCTS.

REGARDS

DR.VINAY SHARMA

RAMESH KUMAR VERMA ( CS PURSUING ) (43853 Points)
Replied 31 January 2011

DR. SHARMA G,

DGFT INTENTION IS NOT WRONG , REFER TO DGFT PUBLIC NOTICE NO.61 DTD. 16.03.2005 .

In exercise of powers conferred under Paragraph 2.4 of the Foreign Trade Policy, 2004-09, the
Director General of Foreign Trade hereby makes the following amendment(s) in the Handbook of Procedures (Vol. I):-

Para of 3.12 is amended to read as under:-

An exporter desiring to obtain a Registration-cum-Membership Certificate (RCMC) shall declare his main line of business in the application, which shall be made to the Export Promotion Council (EPC) relating to that line of business. However, a status holder has the option to obtain RCMC from Federation of Indian Exporters Organization (FIEO).

Notwithstanding anything stated above, exporters of Drugs & Pharmaceuticals shall obtain RCMC from Pharmexcil only.

IN VIEW OF ABOVE SAID PUBLIC NOTICE PLEASE CONVEY WITH & REWQUEST FOR RCMC WITH THE " pharmacuticals export promotion council"

for more information registration cum membership certificate link is :-https://pharmexcil.org/index.php?option=com_content&view=article&id=432&Itemid=107

sunny (ASST MGR) (333 Points)
Replied 15 July 2011

IN WHICH PRODUCTS INDIAN CUSTOMS REQUIRED FREE SALE CERTIFICATE FROM OVERSEAS SUPPLIER.

I NEED CUSTOM NOTIFICATION REGARDING FREE SALE CERTIFICATE

THANKS

SUNNY

RAMESH KUMAR VERMA ( CS PURSUING ) (43853 Points)
Replied 15 July 2011

Read :-

Public Notice No. 64/2009-14 dated 18^th May, 2010

Akhil Kohli (Director) (21 Points)
Replied 02 January 2012

Is it mandatory to have a free sales certificate to export Medical Equipment. Even if they do not come under the Drug and Cosmetic act. We are trying to send some Medical equipment for an exhibition but the customs officer is demanding a free sales certificate.

If its mandatory can you advise from where can we get this issued and how long does it take.

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Benita Padua (Student) (22 Points)
Replied 12 September 2014

Dear Ramesh and Kalpesh,

I am inquiring for Certificate of Free Sale for Frozen Products

1. In what government agency in India can we apply for Certificate of Free Sale for frozen products?

2. And what are the contant numbers.

Thank you ang Im looking forward for your kind assistance

Mohit Chanchal (Others) (21 Points)
Replied 21 September 2015

How long does it take for Govt. of India to issue a free sales certificate?

Good evening to everyone.

My name is Mohit Chanchal. I live in Vietnam. recently i've been looking at for no. 39A reson behind that is my company needs a free sales certificate from the manufacturer from India. However the manufacturer already have free sales certificate, but the government here in Vietnam isnt accepting those Free sales certificate. So if manufacturer will apply for Free sales certificate, how long it will take for government to issue a free sales certificate using form no 39A?