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Institute of Technology & Science
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PROJECT FOR MEGA SONIC
COMPANY
(On environmental factors and potential sector
for doing business in India)
SUBMITTED BY-: SUBMITTED To-:
SANKALP KATIYAR MR. AJAY KUMAR CHOWDHRY
(PGDM 2014-2016) PROJECT MANAGER
MEGA SONIC
BERLIN, GERMANY
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CONTENTS
S.NO TITTLE PAGE NO.
1 Executive summary 3
2 Why to invest in India 4
3 Some important agreements signed between
German and India
5
4 India and Germany relation 7
5 Make in India advantages and disadvantages 8
6 SWOT analysis of FMCD Sector 10
7 PESTLE analysis 11
8 Ecommerce in India 12
9 Most potential sector/industry for German and
Indian company collaboration
13
10 Process and ways 15
11 Govt. regulations, customs duty, etc on Import
of German/European made and Chinese made
Items in India.
22
12 Best shipping Port in India 27
13 Scope and Research the potential of
European/German made below product(groups)
in the Indian Market, along with any additional
Import regulations-:
 Cosmetics & Toiletries items
 Wines & Beverages(Alcoholic and
Non- Alcoholic) items
 Food items
33
14 Recommendations 46
15 References 47
Institute of Technology & Science
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Executive Summary
The project Opportunity by Mega sonic Company to me gave a study to do on 5 stages.
In first stages I have done my work to know that why to invest in India, what are German
companies doing good business in India, what are the cities to invest in India for business
purpose, what are the indo German bilateral trade, have also covered some important
agreement done by both Germany and India together, swot analysis of fmcd sector, pestle
analysis of India and ecommerce sector in India.
The second stage of my project was on the potential sector for German and Indian company
collaboration and ways process. According to my research I found that mostly German are
always keen to invest in high technology sector, but India the potential sectors for German
companies will be automobile, food processing, service sector, digital engineering,
infrastructure, renewable resources, fmcd, metal and steel, manufacturing and agriculture.
But for Mega sonic there will be opportunity in India are in three sectors fmcd, fmcg, retail
and ecommerce. The process and ways can be either doing joint venture or by subsidiary
company formation.
The third stage is about that which is the best shipping port in India in every ways. According
my analysis I found that jnpt in India is the best port becau.se it is the largest port in India and
also carries highest shipment which is around 56% and it also has three terminals.
In fourth stage I have found that what are the govt rules and regulations for importing goods
in India. According my analysis I found that in India there is a tariff rate around 20% and
average tariff rate is around 10-12% and there is no sales tax on importing good to India.
In fifth stage the work was about to know the scope and potential of European/ German made
products or items in the category like cosmetics and toiletries, wine and beverages and food
items. As per my analysis there is huge scope in mostly cosmetics items in India and wine
and beer and beverages in Indian market because most of the young generation India are
habitual of these items and some of them buy these products according to their living
standards. There is a huge opportunity in Energy drinks for the age group 18-30 years in
India. All the data used in my project is a secondary data.
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Why to invest in INDIA
 World's largest democracy with 1.2 billion people.
 Stable political environment and responsive administrative set up.
 Well established judiciary to enforce rule of law.
 Land of abundant natural resources and diverse climatic conditions.
 India's growth will start to outpace China's within three to five years and hence will become
the fastest large economy with 9-10 per cent growth over the next 20-25 years (Morgan
Stanley).
 Investor friendly policies and incentive based schemes.
 India's economy will grow fivefold in the next 20 years (McKinsey).
 Cost competitiveness; low labour costs.
 Total labour force of nearly 530 million.
 Large pool of skilled manpower; strong knowledge base with significant English speaking
population.
 Young country with a median age of 30 years by 2025: India's economy will benefit from this
"demographic dividend".
 The proportion of population in the working age group (15-59 years) is likely to increase
from approximately 58 per cent in 2001 to more than 64 per cent by 2021.
 Huge untapped market potential.
 The urban population of India will double from the 2001 census figure of 290 m to
approximately 590 m by 2030 (McKinsey).
 Progressive simplification and rationalization of direct and indirect tax structures.
 Reduction in import tariffs.
 Full current account convertibility.
 India is member of WTO.
 Robust banking and financial institutions
 India is assumed to be the highest performing country among the BRICS markets.
 There is a high market readiness in India for High-Tech products.
 India has strong IT and Space sector capabilities.
 Recent government of India initiatives in FDI, ease of doing business and infrastructure can
significantly impact the business environment in High-Tech sectors.
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Some important agreements signed between German and India is as
follows:
MOU means Memorandum of understanding
1. Joint Declaration of Intent (JDI) on Languages: It seeks to promote German as a
foreign language in India and promote modern Indian Languages in Germany.
2. Joint MOU on Skill Development: Boost cooperation in the Field of Skill
Development and Vocational Education and Training.
3. MOU on Security Cooperation: It was signed between Union Ministry of Home
Affairs (MHA) and Federal Ministry of the Interior of Germany.
4. MOU on Aviation Security: It was signed between Union Ministry of Civil Aviation
and Federal Ministry of the Interior.
5. JDI on Disaster Management: It was signed between Union Ministry of Home Affairs
(MHA) and Federal Ministry of the Interior of Germany.
6. Joint Declaration on IGSTC: It was signed between Union Ministry of Science and
Technology and the Federal Ministry of Education and Research for extending the
tenure of the Indo-German Science and Technology Centre (IGSTC).
7. MOU on Higher Education: seeks to promote Indo-German Partnerships in Higher
Education (IGP).
8. JDI on Plant Protection Products: It was signed between Union Ministry of
Agriculture and Farmers’ Welfare (MOA &FW) and the Federal Office of Consumer
Protection and Food Safety (BVL).
9. JDI in the field of Railways: Seeks further Development of the Cooperation in the
Field of Railways both countries.
10. MOU in the field of manufacturing: It was signed between Department of Heavy
Industries & Public Enterprises and Fraunhofer Society of Germany.
11. MOU for Food Safety -Cooperation in food safety between the Food Safety and
Standards Authority of India (FSSAI) and the Federal Office of Consumer Protection
and Food Safety (BVL).Cooperation in food safety between the Federal Institute for
Risk Assessment (BFR) and the Food Safety and Standards Authority of India
(FSSAI).
12. MOU For young scientists -Supporting participation of young Indian scientists in
natural sciences for the Lindau Nobel Laureate Meetings.
13. Setting up a fast-track system for German companies in India.
14. Co Operation In Agricultural Studies -Cooperation in agricultural studies By
Providing New And innovative technology to Agriculture ,
15. Plant protection products
16. Cooperation in the field of advanced training of corporate executives and junior
executives from India.
17. MOU on Solar Energy: Seeks to promote Indo-German Development Cooperation for
Indo- German Solar Energy Partnership.
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Indo-German Bilateral Trade (in € Billion)
2012 2013 2014 2015 (Jan-July)
Total Trade 17.37 16.10 15.96 10.43
Indian Exports 6.99 6.91 7.03 4.58
Indian Imports 10.38 9.19 8.92 5.85
Balance of Trade -3.39 -2.28 -1.89 -0.27
Major Indian Exports to Germany Textiles, Metal & Metal Products, Electro Technology,
Leather & Leather Goods, Food & Beverages, Machinery,
Pharmaceuticals, Auto Components, Chemicals, Gems &
Jewellery and Rubber Products
Major Indian Imports from
Germany
Machinery, Electro Technology, Metal & Metal Products,
Chemicals, Auto Components, Measurement & Control
Equipment, Plastics, Medical Technology,
Pharmaceuticals, Paper & Printing Materials
German Companies in India
The majority of German companies 80% have entered India through the automatic route. Of
these, around 96% have established a wholly-owned subsidiary in India while the remainder
have set up a joint venture with an Indian partner. Some German companies pointed out that
they wanted full control over their operations and technology transfer; therefore, they prefer
the wholly-owned subsidiary route rather than a joint venture with an Indian company.
Unlike China, where Germans have largely invested in the manufacturing sector, in India
German companies have mainly invested in the services sector. Of the 187 companies, 97
have invested in the services sector 51.9% and 82% in manufacturing 43.9%. Within the
services sector, IT and ITES has the majority of German companies. Mumbai is the preferred
location for German companies, with 52% having offices in Mumbai followed by Pune 42%
and Bangalore 27%. In terms of sectors, the majority of the manufacturing companies are in
Pune, transport and logistics companies and construction companies are in Mumbai, tourism
is in Goa and mining is in Kolkata. German companies in India are aware of the growth
prospects and are investing in developing end-to-end infrastructure in the Indian market.
Companies are also working with smaller enterprises to foster overall growth of the Indian
economy
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India-Germany Relation
India is one of the first countries to end the state of war with post-war Germany in 1951 and
amongst the first countries to recognize the Federal Republic of Germany (FRG). The
relationship, based on common values of democracy and rule of law has been strengthened
significantly in the 1990s following India’s economic liberalization and the end of Cold War.
In the last decade, both political and economic interaction between and Germany has
enhanced significantly. Today, Germany is amongst India’s most important partners both
bilaterally and in the global context.
The course of the bilateral relationship was set by the two visits of Prime Minister Jawaharlal
Nehru to Germany in 1956 and 1960. There are regular bilateral exchanges, including at the
highest level. In recent years, there have been regular high level visits from both sides.
Former PM Dr. Manmohan Singh visited Germany in 2006, 2010 and 2013. Hon’ble PM Shri
Narendra Modi paid an official visit to Germany on April 12-14, 2015 on the occasion of
participation of India as Partner Country in the Hannover Messe-2015. From the German
side, Chancellor Angela Merkel visited India in 2007 and again in 2011. German President
Joachim Gauck paid a State visit to India in February 2014.
India and Germany have a ‘strategic partnership’ since 2001, which has been further
strengthened with two rounds of Intergovernmental Consultations (IGC) in New Delhi in
May 2011, as well as in Berlin in April 2013. The next IGC is scheduled to take place in
India in October 2015. The two countries have several institutionalized arrangements to
discuss bilateral and global issues of interest viz. Strategic Dialogue, Foreign Office
Consultations, Joint Commission on Industrial and Economic Cooperation, High Technology
Partnership Group, High Defence Committee, Joint Working Group on Counter-Terrorism,
Indo-German Energy Forum, Indo-German Environment Forum, Indo-German Consultative
Group, etc. Germany and India cooperate closely on the issue of UN Security Council
expansion within the framework of G-4. Both sides have regular consultation on foreign
policy issues such as East Asia, Central Asia, UN issues, Disarmament & Non-proliferation,
etc.
There have been regular interactions between Parliamentarians of the two countries. The
Indo-German Parliamentary Group in the German Bundestag, established in 1971, has
contributed to strengthening links between the two Parliaments. A 16-member India-
Germany Parliamentary Friendship Group has been constituted in the 18th Bundestag under
the Chairmanship of Mr. Ralph Brinkhaus, an MP from the CDU. A group of MPs led by Mr
Brinkhaus visited India in February 2015.
In the field of defence, bilateral Defence Cooperation Agreement was signed in 2006 which
provides a framework for annual consultations. High Defence Committee (HDC) meetings at
the Defence Secretary level take place annually, alternately in New Delhi and Berlin. India
was the Partner Country in ILA Berlin Air Show in 2008. Chief of Naval Staff Admiral R. K.
Dhowan paid an official visit to Germany on July 7-10, 2014. German Defence Minister
Ursula von der Leyen visited India on May 26-28, 2015. She called on PM and had a meeting
with Raksha Mantri Shri Manohar Parrikar.
Among important visits in recent times, Minister of Communications and IT Shri Ravi
Shankar Prasad visited Germany in September 2014. Minister of Environment, Forests and
Climate Change Shri Prakash Javdekar visited Germany on May 17-19, 2015 to attend 6th
Petersburg Climate Dialogue in Berlin. Foreign Secretary Dr. S. Jaishankar visited Berlin on
March 25-26, 2015. Visits from the German side include those of Foreign Minister Frank-
Walter Steinmeier (September 2014), Finance Minister Wolfgang Schäuble (January 2015)
and Environment Minister Dr. Barbara Hendricks (January 2015) and Defence Minister
Ursula Von Der Leyen (May 2015)
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Advantages and Disadvantages of Make in India
Advantages
1. Manufacturing sector led growth of nominal and per capita GDP. While India ranks 7th in
terms of nominal GDP, it ranks a dismal 131st in terms of per capita GDP.
2. Employment will increase manifold. This will augment the purchasing power of the
common Indian, mitigate poverty and expand the consumer base for companies. Besides, it
will help in reducing brain drain.
3. Export-oriented growth model will improve India's Balance of Payments and help in
accumulating foreign exchange reserves (which is very important given the volatility in the
global economy with multiple rounds of Quantitative Easing announced by major
economies).
4. Foreign investment will bring technical expertise and creative skills along with foreign
capital. The concomitant credit rating upgrade will further woo investors.
5. FIIs play a dominant role (relative to FDI) in the Indian markets. However, FIIs are highly
volatile in nature and a sudden exodus of hot money from India can affect a nosedive in the
bellwether indices. Make in India will give an unprecedented boost to FDI flows, bringing
India back to the global investment radar.
6. The urge to attract investors will actuate substantial policies towards improving the Ease of
Doing Business in India. The Government of the day will have to keep its house in order (by
undertaking groundbreaking economic, political and social reforms) to market Brand India to
the world at large.
Disadvantages
1. From a theoretical perspective, Make in India will tend to violate the theory of comparative
advantage. If it is not economically feasible to manufacture a commodity in India, it is best to
import the same from a country which enjoys comparative advantage in its production.
International trade, after all, is welfare augmenting.
2. Reiterating the point made by Dr. Raghuram Rajan, India, unlike China, does not have the
time advantage as it undertakes a manufacturing spree. The essential question is - Is the world
ready for a second China?
3. Make in India will lead to an unsustainable focus on export promotion measures. One such
measure is artificially undervaluing the rupee. This will have devastating consequences for
the import bill.
4. A relative neglect of the world economic scenario may not augur well for Make in India.
With the US and Japan economies yet to recover from their economic crises and with the EU
floundering, one needs to be wary about the demand side of Make in India. The clairvoyance
of the incumbent RBI governor to make for India should be put to good use.
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The following major challenges for Make in India need to be addressed immediately:
1. Restore broken trust between industry and government.
2. Environmental clearance has been a contentious issue for many projects. Land acquisition
for industries is a pre-requisite, thus bringing the eternal debate of development vs.
displacement.
3. Skilled labour force is mandatory and it requires huge monetary support. Unlike in Korea,
Japan and Germany which have about 80% of its population skilled, only 12% of India's
population is skilled.
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SWOT analysis of FMCD
Strengths
As is evident, the consumer durable industry in India is on a steeply rising curve. Till about
two and a half decades ago, people were satisfied with whatever was available – but know
people are shifting towards up to date durables and better in quality life.
Globalization has brought about a paradigm shift in the way we think and revolutionized our
lives. International players have found a hungry market in India – the consumer durables
industry has experienced a boom like never before. Foreign Direct Investment (FDI) has
made it possible to manufacture the goods in India with the technology from abroad; thus
avoiding heavy custom duties and formalities, and keeping the prices within affordable
ranges. Tie ups with financial institutions have brought in the idea of Easy Monthly
Instalments (EMI) schemes – People with moderate income levels can now aspire for high
end life style products without it being too heavy on his pocket.
Weaknesses
On the face, one may think that there are absolutely no loopholes in this industry. Indeed
there are some grey areas - but the good news is that perhaps it is possible to overcome them
to a fair extent. For example, when a foreign player wants to set up its own manufacturing
duties, the Indian laws may take them in circles before even a scratch is realized on the
ground. Also, in some cases, it becomes difficult to provide complete after sale support to the
customer.
Opportunities
Rising demands, flexible investment options, incentive from the Government – the time is
ripe for the consumer durable industry. A strong opportunity for foreign players is to employ
Indians as their local staff, who can overcome language and cultural barriers and connect
with the masses better. This is also an opportunity for talented and well educated youth for
being associated with multinational companies and earning handsome packages.
Threat
Stiff competition from multiple brands for a single product has kept every player on his toes.
In India, word of mouth spreads travels faster than light – so a single dent in the image may
cost a brand dearly. Even today, we buy products that assure us good service and not ones
that make you wait for months because a spare part is in transit from a faraway land.
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PESTLE Analysis of India
Political factor – There are many laws and regulations passed in any country which depend
on politics. For example – Tata NANO which established a plant in west Bengal was made to
leave west Bengal due to political pressure. Similarly, as explained before, the political
situation of countries like China (communist nation) is controlled yet explosive. Hence
establishing in countries like China will need good understanding of politics and also what
will be allowed and not allowed by the government of the country. Corruption, law and order
and business friendliness of the country depends on political factors only.
Economical factors– The inflation rate, the foreign exchange rate, GDP, employment rate
and many other economic growth indicators are strong indicators of whether or not the
country is good for expansion. Any developing nation will have strong economics in place
because it is of developing nature. On the other hand, a backward nation will still find
economics a challenge. Thus, it is not a surprise that developing nations are finding the most
business entrants nowadays. The single explanation for this phenomenon is economical
factors which are in favour of the company and hence show a positive signal.
Technological factors-Technology significantly influences product development and also
introduces fresh cost-cutting processes. India is served with both 3G and 4G technology
which has facilitated several of their technological projects. Furthermore, the country also
possesses one of the strongest IT sectors in the world, promoting constant IT development,
software upgrades and other technological advancements. Recently, India has also attempted
to launch their satellites into space.
Legal and Environmental factors-In the recent past, a number of legal changes have been
implemented in India, such as recycling, minimum wage increase and disability
discrimination, which has directly affected businesses there. However, when it comes to
environment, the quality of air in India has been adversely affected by industrialization and
urbanization, also resulting in health problems. As a result, there have been establishments of
environmental pressure groups, noise controls, and regulations on waste control and disposal.
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Ecommerce in India
Ecommerce sector in India has grown by 34% (CAGR) since 2009.Till 2014 there was 243
mn users in internet in India. Ecommerce is growing by leaps and bounds in India. Most of
the internet users in India are believed to have either heard or used ecommerce services.
However, India is struggling to be one big ecommerce player which is profitable. Be it Flip
kart, snap deal or any other player, none of them are making profits. They are only creating
ripples in the market by launching their innovative campaigns to grab user base. But it is
costing them since they are killing margins. Plus, the burden of cash on delivery has queezed
their revenues. Ecommerce is expected to be $32 bn market by 2020(from $2 bn), because of
the growing customers base in all parts of the country. Among these biggies or so called
leaders of India’s ecommerce, India has one ecommerce player – Infibeam.com which is able
to keep its bottom line intact. Infibeam is India’s only profitable ecommerce company. The
company has been in the market for quite some time and continues to experiment with
different things to stay ahead without killing its margins. It has been able to sustain, foresee,
make quick changes, introduce new strategies and innovative, which has given this company
edge over others.
Challenges in the ecommerce sector
While the growth in this sector excites entrepreneurs and financial investors alike, some
serious challenges are beginning to weigh down on the sector. Ecommerce players in India
need to address eight key aspects of their business both internal and external which are as
follows:
 Compliance Framework
 Risk, Fraud and Cyber Security
 Tax and Regulatory Structuring
 Organization Scaling
 Product and Market Strategy
 Customer/Digital Experience
 Payment and Transactions
 Fulfilment
Geographical Distribution of Internet users in India (MN)
Urban
 June 2012(38 MN)
 June 2013(60 MN)
 June 2014(92 MN)
 June 2015(135MN)
Rural
 June 2012(94MN)
 June 2013(132MN)
 June 2014(162MN)
 June 2015(212MN
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MOST POTENTIAL SECTORS/INDUSRTIES IN INDIA FOR GERMAN
AND INDIAN COMPANIES COLLABORATION
 Food Processing
 Ecommerce
 Fast Moving Consumer Durables
 Retail
 Manufacturing and Production
 Automobile
 Digital Engineering
 Renewable Energy
 Textile and Agriculture
 Steel And Metal
 Service
As per Mega sonic company potential sectors in India are as follows:-
 Fmcd (Hitachi and Samsung foreign companies doing great business in this sector).
 Fmcg (for example Amway, Coca cola are the foreign companies doing great business
in India in this sector.)
 Retail sectors (Lifestyle international foreign base companies doing good business in
India.)
Note:
If any foreign company want to do business in India then it is only done by B2B (Business to
Business) and there is no B2C allowed. In ecommerce business in India there are two main
companies which are best in this sector first is Flip kart with 44% and the second one is Snap
deal with32 % market capture in India. As per my preference Mega sonic should do
collaboration and joint venture with Snap deal because it is in more growing stage and later it
will surpass Flip kart soon. As Maggie has done great tying up with Snap deal and has shown
great come back and selling 100 cities in India with 60000 kits in 5 minutes through Snap
deal. If any company from Germany does business in India then they should try to develop its
research and development centre for the betterment for their of company. There can be
another thing done like breaking and cracking the Snap deal suppliers of gojavas or of Flip
kart suppliers doing good in India.
flipkart
44%
snapdeal
32%
amazon
15%
others
9%
Ecommerce market size in India
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Some best cities in India to do business by any foreign country
 Bangalore
 Pune
 Mumbai
 New Delhi
 Hyderabad
 Gurgaon
 Chennai
 Gujarat
Some German companies doing good business in India
The companies which are doing good business in India are as follows:
 ADIDAS
 ALLIANZ
 SIEMENS
 AUDI
 VOLKSWAGEN
 BMW
 NIVEA
FDI is prohibited under the Government Route as well as the Automatic Route in the
following sectors:
a) Atomic Energy
b) Lottery Business
c) Gambling and Betting
d) Business of Chit Fund
e) Nidhi Company
vi) Agricultural (excluding Floriculture, Horticulture, Development of seeds, Animal
Husbandry, Pisciculture and cultivation of vegetables, mushrooms, etc. under controlled
conditions and services related to agro and allied sectors) and Plantations activities (other
than Tea Plantations) (c.f. Notification No. FEMA 94/2003-RB dated June 18, 2003).
vii) Housing and Real Estate business (except development of townships, construction of
residential/commercial premises, roads or bridges to the extent specified in Notification No.
FEMA 136/2005-RB dated July 19, 2005).
viii) Trading in Transferable Development Rights (TDRs).
ix) Manufacture of cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco
substitutes
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Process and ways as per my understanding
 Best way to collaborate is by doing Joint Venture and by doing subsidiary but if
subsidiary is available for 100% then it is best for the foreign company to do business.
 Partnership is not best way to do business among foreign company with Indian
company. Because for this company share should be listed.
 Best way to do business India is by forming private company because in this way
company can shift from private to public company in an easy way.
 There are less number of directors and board member are requires in private company
formation.
 Bajaj Allianz is doing a good business in India by doing collaboration with
Bajaj(Indian) company and Allianz(German based )
 For investment purpose in public company is not beneficial than private company.
 Registration of the foreign company should be done before doing business with Indian
companies in India but there should be no listing of company should done by any
foreign company for starting new business.
 Approval from RBI should be taken before doing business in India.
 No foreign company is directly allowed to do single form business in India.
 There should be no need to take guidelines by SEBI for a new company formation by
foreign company in India.
 Companies should follow company’s act 2013 while forming or doing business in
India.
 For a foreign Investor in India it is very important to choose a right kind of business
or corporate entity which best suits its purposes and takes care of liability issues and
tax planning issues.
 Foreign Companies planning to do business in India should pay special attention
to Entry Strategies in India for Foreign Investors and corporate structuring to save
taxes to the best extent allowed by laws and international tax treaties.
 It is also mandatory for foreign investors or foreign shareholders, both individuals and
corporate shareholders, to seek Government Approvals for Investing in India In some
special cases Foreign Investment Promotion Board, FIPB Approval for Foreign
Investment in India is required.
 The sectors where RBI Approval for foreign investors is available under automatic
route can be found at FDI in India Sector wise Guide
 A Company in India can have foreign directors provided some conditions are
fulfilled. The directors of an Indian company, both Indian and foreigner directors, are
required to obtain Director Identification Number - DIN and Digital Signature
Certificate – DSC.
 There are some restrictions regarding issuing sweat equity for a company
incorporated in India.
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 Both the Indian promoters and the foreign promoters can form the following business
entities: Private Limited Company, Public Limited Company, Limited Liability
Partnership, Unlimited Company, Partnership and Sole Proprietorship.
 The foreign companies also have the options of forming the following type of
business entities: Liaison Office/Representative Office, Project Office, Branch Office,
and Joint Venture Company.
 It must be noted that a Joint Venture Company is not a separate type of legal entity; it
could be a Private Limited Company, a Public Limited Company, or an Unlimited
Company. Similarly a wholly owned Subsidiary of a foreign company in India could
be a Private Limited Company, a Public Limited Company, an Unlimited Company,
or a Branch Office.
 Both foreign and Indian company should follow some norms of MOA (memorandum
of association).
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Government approvals for foreign companies doing business in India or
Investment routes for investing in India, entry strategies for foreign
investor
India's foreign trade policy has been formulated with a view to invite and encourages FDI in
India. The Reserve Bank of India has prescribed the administrative and compliance aspects
of FDI. A foreign company planning to set up business operations in India has the following
options:
 Investment under automatic route; and
 Investment through prior approval of Government.
Procedure under automatic route
FDI in sectors/activities to the extent permitted under automatic route does not require any
prior approval either by the Government or RBI. The investors are only required to notify the
Regional office concerned of RBI within 30 days of receipt of inward remittances and file the
required documents with that office within 30 days of issue of shares to foreign investors.
List of activities or items for which automatic route for foreign investment is not available,
include the following:
 Banking
 NBFC's Activities in Financial Services Sector
 Civil Aviation
 Petroleum Including Exploration/Refinery/Marketing
 Housing & Real Estate Development Sector for Investment from Persons other
than NRIs/OCBs.
 Venture Capital Fund and Venture Capital Company
 Investing Companies in Infrastructure & Service Sector
 Atomic Energy & Related Projects
 Defence and Strategic Industries
 Agriculture (Including Plantation)
 Print Media
 Broadcasting
 Postal Services
Procedure under Government approval
FDI in activities not covered under the automatic route, requires prior Government approval
and are considered by the Foreign Investment Promotion Board (FIPB). Approvals of
composite proposals involving foreign investment/foreign technical collaboration are also
granted on the recommendations of the FIPB. Application for all FDI cases, except Non-
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Resident Indian (NRI) investments and 100% Export Oriented Units (EOUs), should be
submitted to the FIPB Unit, Department of Economic Affairs (DEA), Ministry of Finance.
Application for NRI and 100% EOU cases should be presented to SIA in Department of
Industrial Policy & Promotion.
Investment by way of Share Acquisition
A foreign investing company is entitled to acquire the shares of an Indian company without
obtaining any prior permission of the FIPB subject to prescribed parameters/ guidelines. If
the acquisition of shares directly or indirectly results in the acquisition of a company listed on
the stock exchange, it would require the approval of the Security Exchange Board of India.
New investment by an existing collaborator in India
A foreign investor with an existing venture or collaboration (technical and financial) with an
Indian partner in particular field proposes to invest in another area, such type of additional
investment is subject to a prior approval from the FIPB, wherein both the parties are required
to participate to demonstrate that the new venture does not prejudice the old one.
General Permission of RBI under FEMA
Indian companies having foreign investment approval through FIPB route do not require any
further clearance from RBI for receiving inward remittance and issue of shares to the foreign
investors. The companies are required to notify the concerned Regional office of the RBI of
receipt of inward remittances within 30 days of such receipt and within 30 days of issue of
shares to the foreign investors or NRIs.
Participation by International Financial Institutions
Equity participation by international financial institutions such as ADB, IFC, CDC, DEG,
etc., in domestic companies is permitted through automatic route, subject to SEBI/RBI
regulations and sector specific cap on FDI.
FDI in Small Scale Sector (SSI) Units
A small-scale unit cannot have more than 24 per cent equity in its paid up capital from any
industrial undertaking, either foreign or domestic. If the equity from another company
(including foreign equity) exceeds 24 per cent, even if the investment in plant and machinery
in the unit does not exceed Rs 10 million, the unit loses its small-scale status and shall require
an industrial license to manufacture items reserved for small-scale sector. See also FDI in
Small Scale Sector in India Further Liberalized
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Sector wise Regulation in Foreign Investment
i) Automatic route for specified activities subject to Sectoral cap and conditions.
Sectors Cap
Airports
 Existing
 Greenfield
74%
100%
Air Transport Services
 Non Resident Indians
 Other
100%
49%
Alcohol distillation and brewing 100%
Banking (Private Sector) 74%
Coal and Lignite mining (specified) 100%
Coffee, Rubber processing and warehousing 100%
Construction and Development (Specified projects) 100%
Floriculture, Horticulture and Animal Husbandry 100%
Specified Hazardous chemicals 100%
Industrial Explosives Manufacturing 100%
Insurance 26%
Mining (Precious metals, Diamonds and stones) 100%
Non banking finance companies ( conditional) 100%
Petroleum and Natural gas
 Refining (private companies)
 Other areas
100%
100%
Power generation, transmission, distribution 100%
Trading
 Wholesale cash and carry
 Trading of Exports
100%
100%
SEZ’s and Free Trade
Warehousing Zones
100%
Telecommunication
 Basic and cellular services
49%
49%
49%
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 ISP with gateways, radio paging, end-end bandwidth
 ISP without gateway (specified)
 Manufacture of telecom equipment
100%
Prior Approval from FIPB where investment is above Sectoral caps for activities listed
below.
Sectors Cap
New Investment by a foreign investor in a field in which the investor already has an
existing joint venture or collaboration with another Indian partner
New investment sought to be made in manufacture of items reserved for Small Scale
Industries
49%
74%
 Broadcasting
o FM Radio
o Cable network
o Direct-To-Home (DTH)
o Setting up hardware facilities
o Up linking news and current affairs
o Up linking non-news, current affairs
TV channel
20%
49%
49%
49%
26%
100%
 Cigarette manufacturing 100 %
 Courier services other than those under the
ambit of Indian Post Office Act, 1898
100 %
 Defence production 26 %
 Investment companies in infrastructure /
service sector (except telecom)
49 %
 Petroleum and natural gas refining (PSU) 26 %
 Tea Sector – including Tea plantation 100 %
 Trading items sourced from Small scale
sector
100 %
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 Test marketing for equipment for which
company has approval for manufacture
100 %
 Single brand retailing 51 %
 Satellite establishment and operations 74 %
 Print Media
o Newspapers and periodicals dealing
with news and current affairs
o Publishing of scientific magazines /
specialty journals periodicals
26 %
100 %
 Telecommunication
o Basic and unified access services
o ISP with gateways, radio paging, end
to end bandwidth
o ISP with gateway (specified)
49 % to 74 %
49 % to 74 %
49 % to 100 %
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Govt. regulations, customs duty, etc on Import of German/European made
and Chinese made Items in India.
Import Duties
The government levies import duties on most of the items imported for trade purposes. These
are of different types including Basic Duty, Additional Customs Duty, True Countervailing
Duty, Anti Dumping or Safeguard Duty and Education Cess.
Payment of Duty
 Provisional Deposit Account with Bank: Facilities are available to debit duty
amounts directly from the Banks nominated by Customs. This facility reduces delays
in receipt of customs duties from Importers and also payment of interest after 2 days.
Importers are required to open a deposit account with the nominated Bank and
maintain a minimum balance as per the Banks guidelines. On completion of
assessment of the Entries, the importer can authorize debit of the duty amount against
authorization slips.
 Payment by Draft/Bankers Cheque: RBI has issued new guidelines to the
nominated banks for acceptance of payments against instruments from nationalized
banks only.
 Interest: Interest is charged on duties not paid within 2 days.
Bill of Entry
It is a document certifying that the goods of specified description and value are entering into
the country from abroad.
If the goods are cleared through the Electronic Data Interchange (EDI) System no formal Bill
of Entry is filed as it is generated in the computer system, but the importer is required to file a
cargo declaration having prescribed particulars required for processing of the entry for
customs clearance
The Bill of entry, where filed, is to be submitted in set, different copies meant for different
purposes and also given different colour scheme. Bills of Entry are of three types:-
 Bill of Entry for home consumption
 Bill of Entry for Warehouses
 Bill of Entry for Ex-Bond Clearance
Details about these and the documents to be filed in case of Non-EDI system can be
found here.
Green Channel facility
Some major importers have been given the green channel clearance facility. It means
clearance of goods is done without routine examination of the goods. They have to make a
declaration in the declaration form at the time of filing of bill of entry. The appraisement is
done as per normal procedure except that there would be no physical examination of the
goods. Only marks and number are to be checked in such cases. However, in rare cases, if
there are specific doubts regarding description or quantity of the goods, physical examination
may be ordered.
This facility can be claimed by the Importers who have been approved by the Customs as
eligible for claiming the facility. Importers having a clean record can apply to the Customs
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(EDI) with a request for Green Channel facility against a covering letter and enclosing copy
of Balance Sheet showing proof of Duty paid in a year.
Dumping
Dumping is said to have taken place when an exporter sells a product to India at a price less
than the price prevailing in its domestic market. However, the phenomenon of dumping is per
se not condemnable as it is recognized that producers sell their goods at different prices to
different market. However, where dumping causes or threatens to cause material injury to the
domestic industry of India, the Designated Authority initiates necessary action for
investigations and subsequent imposition of anti-dumping duties.
Anti Dumping Guidelines
Issued by the Government of India must be understood and complied with while carrying out
import of goods.
IS
It refers to Indian standards. While importing goods to India the product should meet out in
Indian standards norms.
IEC
While importing goods to India there should Importer Exporter Code.
ISI Mark
In India while importing the goods from other countries there should every product marked
by ISI. It ensures the quality and the safety norms of the product.
BIS Certification
While importing goods to India there should be BIS certification products.
Tariff Rate
In India the tariff rates in general is 20% and the average tariff rates is10-12%.
There is also concession provided to Europe while importing in India.
Duty Rates
Duty rates in India can be ad valorem (as a percentage of value) or specific (rupees per unit).
Duty rates vary from 0% to 150%, with an average duty rates 11.9%. Some goods are not
subject to duly (e.g. Laptops and other electronic product).
Sales Tax
There is no sales tax in India for imported goods.
Minimum thresholds
There is no minimum threshold in India, i.e. all imports regardless of their value are subject
to duty and taxes.
Other taxes and custom fees
 Landing charge(1% CIF)
 Countervailing Duty(CVD) which is (0%, 6% or 12% (CIFD+ Landing charges))
 CEX (Education & Higher Education CESS) which is 3% countervailing duty.
 CESS (Education + Higher Education CESS) which is 3% (Duty + CEX (Education
& Higher Education CESS) + countervailing duty.
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 Additional CVD which is 4% (CIFD+ Landing charges+ Countervailing duty + CESS
+ CEX(Education and Higher Education CESS))
Basic Customs Duty
Goods imported into India are chargeable to basic customs duty (BCD) under Customs Act,
1962. The rates of BCD are indicated in I Schedule (for Imports) of Custom - Tariff Act,
1975. Education cess (EC) @2% and secondary & higher education cess (SHEC) @1% are
applicable extra. Generally, BCD is levied at standard rate of duty but if certain conditions
are satisfied (below), the importer can avail the benefit of preferential rate of duty on
imported goods.
Conditions for availing the benefit of preferential rate of duty:
1.
2. Specific claim for preferential rate must be made by the importer,
3. Import must be from preferential area as notified by the Central Government,
4. The goods should be produced/manufactured in such preferential area.
For more details on preferential rate of duty: http://www.cbec.gov.in/customs/cst2012-13/cs-
gen/cs-gen69-93.pdf.
National Calamity Contingent Duty (NCCD)
It is levied on import of pan masala, chewing tobacco & cigarettes at different rates as
applicable. It is levied @1% on PFY, motor cars, multi utility vehicles and 2-wheelers and
Rs.50 per ton on crude oil vide section 169 of Finance Act, 2003.
Additional Duty of Customs or Countervailing Duty (CVD)
As per section 3(1) of Customs Tariff Act, any article imported into India is liable to duty (in
addition to BCD) equal to excise duty for the time being liveable on a like article if
produced/manufactured (or could be or capable of being produced/manufactured) in India.
If goods manufactured in India are exempt from excise duty, then there is no CVD .
CVD cannot be levied, if exemption from central excise duty is based on goods manufactured
by SSI units or goods manufactured without aid of power. If the importer is the manufacturer
availing benefit of SSI exemption under notification 8/2003 under Central Excise, thereby not
paying excise duty on final product manufactured. Such manufacturer is not liable to pay
CVD on imports, even if not liable to pay any duty under Central Excise Act, 1944.
If imported goods are used by the importer in the same factory or factory belonging to the
importer, then no CVD attracted on such imported goods.
If imported goods attract excise duty in India as per section 4A of Central Excise Act, then
CVD will be calculated on MRP basis only.
CVD can be levied only when the importer has imported manufactured goods. It means CVD
can be levied only if goods are obtained by a process of manufacture.
CVD can be imposed even if there is exemption from BCD.
If the importer is the manufacturer, he can claim convert credit of CVD.
No EC and SHEC applicable on CVD w.e.f 1/3/2015.
No CVD on Anti-dumping duty, Safeguard duty, Protective duty or Countervailing duty on
subsidized articles.
Special Additional Customs Duty (Special CVD)
U/s 3(5) of Customs Tariff Act, imported goods in addition to BCD & CVD shall also be
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liable to Special CVD at the rate notified by Central Government (CG) (at present, it is
@4%).
Special CVD is fully exempt in respect of the following imported goods:
a) Goods packed for retail sales covered under Standards of Weight & Measurement Act
(Legal Metrology Act, 2009)
b) Wrist watches & pocket watches
c) Telephones for cellular networks
d) Articles of apparel excluding parts of made-up clothing accessories
A manufacturer is eligible to claim convert credit of Special CVD paid. A dealer is allowed
refund of Special CVD provided such dealer is liable for VAT. A service provider is not
eligible to avail cenvat credit of Special CVD.
Protective Duty
As per section 6(1) of Customs Tariff Act, protective duty is levied by the CG upon
recommendation made by the Tariff Committee and upon CG being satisfied that it is
necessary to provide protection to any industry established in India. At present, this duty is
not in force. No CVD, EC & SHEC are applicable.
Safeguard Duty
As per section 8B (1) of Customs Tariff Act, safeguard duty is imposed for protecting the
interests of any domestic industry in India and it is product specific. CG can impose
provisional safeguard duty, pending final determination up to 200 days. Effective from
6th
August 2014, if imported goods are cleared in Domestic Tariff Area (DTA) then safeguard
duty is payable. No CVD, EC & SHEC are applicable.
Countervailing Duty on Subsidized Articles
As per section 9 of Customs Tariff Act, it is levied on articles which are imported by getting
subsidies from other country. No CVD, EC & SHEC are applicable.
Anti-dumping Duty
As per section 9A of Customs Tariff Act, it is imposed on imports of a particular country. It
is country specific. Dumping exists when a product is exported from one country to another
at a price which is less than its normal value prevailing in the exporting country. The
difference between the normal value and the export price is the dumping margin based on
which anti dumping duty is imposed. No CVD, EC & SHEC are applicable
There are three types of bills of entry procedures in India. In other words we can say –
there are three types of import in India from customs point of view.
Bill of entry for home consumption:
Types of bills of Entry in India This bill of entry is in white colour, before introduction of
electronic media of filing. Manual bill of entry is filed, where in no electronic data
interchange is available to file bill of entry electronically. Importer files bill of entry for home
consumption wherein he wants to clear the goods on payment of duty or free duty goods to
remove the cargo to his premises immediately. As per customs department section 46 of the
customs Act 1962 describes in detail about the procedures and formalities.
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Warehousing Bill of Entry:
How many types of imports in India. Types of bills of Entry in India Warehousing bill of
entry are also called Into Bond Bill of Entry. This is in buff colour before introduction of EDI
filing, if filed manually where in no electronic filing available. As per section 46 and section
60 of Indian Customs Act describes in detail about this type of filing. If an importer does not
want to pay duty on his goods immediately up on arrival of goods at port, he keeps his goods
in a customs bonded ware house by following formalities under such provisions and files Into
bond bill of entry. He pays duty and takes the quantity of goods as and when he requires.
Ex-bond Bill of Entry:
How many types of imports in India. Types of bills of Entry in India 3 The ex-bond bill of entry is
filed to take the goods for home consumption by importer as and when he requires from the bonded
warehouse explained above. The ex-bond bill of entry is in green colour before if filed manually
where in no EDI facility is available. The details of these types of procedures are mentioned in section
68 of Indian Customs Act.
Apart from the major three bills of entry, there is another type of bill of entry in pink colour which is
used for clearing imported goods for defence establishment.
Note: As there is a double taxation system between India and Germany.MFN duty rate in India is 10%
for all country products. There is no sales tax on importing products in India. In India the normal tariff
rate is 20% and the average tariff rate is 10-12% and there is some concession for European products
while importing in India.
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Best shipping Port in India, with respect to Infrastructure, market
accessibility, and less bottlenecks in Import shipment clearances and
warehousing facilities:
 JNPT
 Mumbai
Highlights Of JNPT Port
 Jawaharlal Nehru Port, also known as Nhava Sheva, is the largest container port
in India.
 The port aspires to be among the top 15 of the world with the implementation of
several infrastructure projects, including the fourth terminal. At present it is ranked
31st
With the two-phased project, the overall container handling capacity of JNPT will
more than double to 10 million standard units from the present 4.5 million.
 The JNPT Container Terminal is operated by JNPT. It has a qua length of 680 metres
(2,230 ft) with 3 berths
 JNP accounts for more than half of total container volumes handled at India's 12
public ports and around 40 percent of the nation's overall containerized ocean trade
 This terminal will be operated by PSA and will have a capacity of 4.8 Million TEUs
(60 MTPA). Phase-I of the project with a qua length of 1 Km will be commissioned
by Dec., 2017.
 NSICT was India’s first privately managed container terminal. In the year 2006, GTI
(Gateway Terminals India Pvt Ltd), a third container terminal operated by APM
Terminals, with the capacity to handle 1.3 Million TEUs was commissioned. A new
standalone container terminal by the name of NSIGT having a qua length of 330 m
and a capacity of 12.5 Million Tonnes will be fully operational by July, 2016.
 Jawaharlal Nehru Port Trust (JNPT), country's largest container port, has reported a
marginal increase in its cargo handling for the fiscal 2014-15 at 63.80 million tonnes.
 Handles containers, liquid bulk & cement ships.
 Has three dedicated container terminals namely JNPCT, NSICT & GT
 Jawaharlal Nehru Port is ISPS compliant since 2004.
 Maximum permissible draft at (Shallow Water Berth) SB01 is 6.00 mtrs and SB02is
10.00 mtrs and SB03 is 10.00 mtrs.
 Maximum permissible draft at JNPCT, GTI & NSICT terminals and (Liquid Berth
No.1) LB01 is 14.5 meters.
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 Maximum permissible draft at Liquid Berth No.2 is 10.5 mtrs.
 Connected with 31 CFSs and 34 ICDs destinations.
 Poised to handle 10 million TEUs of containers by the year 2020 – 21
 In the core container segment, it reported 7.33 percent growth in traffic handled at
4.467 million standard units (TEUs), which is the highest ever single year handling,
JNPT said in a statement here.
 It has three terminals at present, among which the one operated by APM Terminals
witnessed the highest traffic with a 45.06 percent share, followed by its own JNPCT
at 28.97 percent, while the one by NSICT had a share of 25.97 percent.
 Of the total cargo handled by the port, share of containerised cargo was 56.93 million
tonnes or 89.24 percent , liquid cargo was 6.19 million tonnes or 9.70 percent while
the remaining 0.68 million tonnes or 1.06 percent was miscellaneous cargo in the
form of dry bulk and break bulk, it added.
Besides, the port's share in the overall container traffic handled in the country stood at
56.13 percent
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Mumbai Port-
Mumbai Port has long been the principal gateway to India and has played a pivotal role in the
development of the national economy, trade & commerce and prosperity of Mumbai city in
particular. The port has achieved this position through continuous endeavour to serve the
changing needs of maritime trade. Though traditionally designed to handle general cargo,
over the years, the port has adapted to changing shipping trends and cargo packaging from
break bulk to unitisation/palletisation and containerisation. Besides, it has also developed
specialised berths for handling POL and chemicals. For decades, Mumbai Port was India’s
premier port. Even today, with the development of other ports, it caters to 10% of the
country’s sea-borne trade handled by Major Ports of the country in terms of volume. It caters
about 19% of POL Traffic handled by Major Ports.
Having weathered and survived many a change in maritime trade in its long history, Mumbai
Port is today facing challenges posed by competition from adjoining ports and private ports,
changing traffic patterns, inherent physical constraints and continuing labour intensive
operations, etc. However, Mumbai
Port is taking various measures to render cost effective and quality services to the
trade.
Location & Salient Feature
The Port of Mumbai is situated almost midway (Latitude 18o 54’ N, Longitude
72o 49’ E) on the West coast of India and is gifted with a natural deep water Harbour of
about 400 square kilometres protected by the mainland of Konkan on its East and Island
of Mumbai on its West. The deep waters in the Harbour provide ample shelter for
shipping throughout the year. The approaches to the Harbour are well lighted, with the
Prongs Lighthouse to the North, visible 27 kilometres and the Kennery Light House to the
south visible 29 kms. The entrance of the Harbour which has approaches from the South-
west is between Prongs Reef and the Thull Reef lying off the mainland to the South-east, a
distance of about 9 kilometres.
The main navigational Harbour Channel is, for the great part, a natural deep-water
fairway. The channel has been deepened to 11 metres. With a mean high water neap tide
of 3.3 metres, the channel is adequate to meet the requirement of a large number of cargo
vessels, passenger ships and deep drafted tankers. With good lighting arrangements
navigation is allowed at the port round the clock.
Dry Cargo Handling
There is a enclosed wet dock namely Indira Dock having a total water area of 24.04
hectares and a qua age of about 4000 metres. The Indira Dock has an Entrance Lock 228.6
metres long and 30.5 metres wide though which vessels can enter or leave the docks at any
state of tide. There are 21 berths inside the basin and 5 berths along the harbour wall, with
a designed depth of 9.14 metres and 7.5 metres respectively. The depth of berths inside the
basin can be increased by 1.20 metres by impounding water by electric pumps. There are
two berths on the Southward extension of East arm of the Indira Dock, namely Ballard
Pier Station and Ballard Pier Extension. The Ballard Pier Extension berth is 244 metres
long and has a modern passenger Terminal Building. It has a designed depth of 9.75
metres CD The Ballard Pier Station berth caters to container vessels and has a designed
depth of 9.1 metres CD.
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Marine Oil Terminals
For handling Crude oil and Petroleum products, there are four jetties at Jawahar Dweep.
One of the jetties at Jawahar Dweep, which was commissioned in 1984, can handle
tankers with the maximum loaded draft of 12.7 metres corresponding to 125,000
Displacement tons. Two of the jetties can accommodate tankers up to 70,000
Displacement Tons and 228.6 m length and the third one can take tankers of 213.4 m
length and up to 48,000 Displacement Tons. Chemical and POL products are handled at
two jetties at Pir Pau. Old Pir Pau jetty can accommodate tankers of 170.7 m length while
the new one commissioned in December 1996 can handle tankers with a length of 197 m
and a draft of 10.5 m. All the jetties are connected to Oil Refineries by a network of
pipelines.
Bunders
Besides the wet docks, there are along the harbour front a number of bunders and open
wharves where the traffic carried by barges/sailing vessels are handled.
Dry Dock
The port has one dry dock, inside the Indira Dock, viz. Hughes Dry Dock which is 304
metres long.
Storage
There are transit sheds at most of the berths and a number of warehouses in the Port area for
storage of uncleared cargo and pre-shipment storage of export cargo.
FDI regulations
 In general 100% FDI under the automatic route is permitted for all logistic services
 FDI up to 100% subject to FIPB approval is permitted for courier services.
 FDI up to 49% under the automatic route is permitted for air transport services, including
air cargo services.
 100% FDI is permitted in Ports and Harbours under automatic route
 100% FDI is permitted under the automatic route for storage and warehousing including
warehousing of agricultural products with cold storage.
 100% FDI is permitted in transport and transport support services through automatic route
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Freight Analysis
FREIGHT ANALYSIS OCEAN FREIGHT
1x40'
OPTION 1 Shanghai to Mumbai Mumbai to Hamburg
$ 900.00 $ 950.00
OPTION 2 Shanghai to Mumbai Mumbai to Hamburg
$ 900.00 $ 950.00
OPTION 3 Shanghai to Hamburg
$ 2,225.00
FREIGHT ANALYSIS OCEAN FREIGHT
1x20'
OPTION 1 Shanghai to Mumbai Mumbai to Hamburg
$ 650.00 $ 610.00
OPTION 2 Shanghai to Mumbai Mumbai to Hamburg
$ 650.00 $ 610.00
OPTION 3 Shanghai to Hamburg
$ 1,295.00
FREIGHT ANALYSIS INLAND FREIGHT (INCLUDING THC, INSU etc.)
1x40'
OPTION 1
Hamburg to
Sangerhausen Mumbai to Ludhiana Ludhiana to Mumbai
$ 1,370.00 ₹ 0,000.00 ₹ ,000.00
OPTION 2
Hamburg to
Sangerhausen
Mumbai to
Ghaziabad
Ghaziabad to
Mumbai
$ 1,370.00 ₹ 70,000.00 ₹ ,000.00
OPTION 3
Hamburg to
Sangerhausen
$ 1,370.00
FREIGHT ANALYSIS INLAND FREIGHT (INCLUDING THC, INSU etc.)
1x20'
OPTION 1
Hamburg to
Sangerhausen Mumbai to Ludhiana Ludhiana to Mumbai
$ 1,370.00 ₹ ,000.00 ₹ 47,000.00
OPTION 2
Hamburg to
Sangerhausen
Mumbai to
Ghaziabad
Ghaziabad to
Mumbai
$ 1,370.00 ₹ ,000.00 ₹ ,000.00
OPTION 3
Hamburg to
Sangerhausen
$ 1,370.00
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FREIGHT ANALYSIS TRANSIT TIME
1x40'
OPTION 1 Shanghai to Mumbai Mumbai to Hamburg Shanghai to Hamburg
19 Days 24 Days 30 Days
OPTION 2
OPTION 3
FREIGHT ANALYSIS TRANSIT TIME
1x20'
OPTION 1 Shanghai to Mumbai Mumbai to Hamburg Shanghai to Hamburg
19 Days 24 Days 30 Days
OPTION 2
OPTION 3
Note: According to my analysis in terms of best shipping port India will be JNPT because
it is the biggest port in India with respect to good infrastructure facilities and it also does
more than 56% shipment among all ports located in India. And recently govt is also
making 4th
terminal for making easier to do more shipment.
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Scope and Research of the potential of European/German made below
product (groups) in the Indian Market, along with any additional Import
regulations, if any :
 Cosmetics and Toiletries
 Wines and Beverages (Alcoholic and non Alcoholic)
 Food items
Scope and Potential of wines and Beverages in India
 India is 11th biggest wine consuming country in Asia-Pacific.
 While one in four bottles of wine consumed in India today is imported, by 2017
imports are set to increase from 0.28 million cases to 0.48 million cases
 The 20% predicted growth illustrates a levelling out of spirits consumption in India,
which grew by 74% between 2008 and 2012 fuelled by brandy and Scotch sales,
which were up by 155% and 110% respectively over the four-year period
 Spirits consumption is also set to shoot up by 20% over the next four years to 373.5
million cases.
 Many factors are behind it as there is rise in the salary in the country, people are
travelling to the West, local production is increasing and people are becoming
sophisticated.
 Consumption of red wine is expected to grow from accounting for 61% of total wine
consumption in India to 71.6% in 2017
 Indians are likely to drink 1.15 million cases of red wine, 0.63 million cases of white
wine and 0.10 million cases of rosé by 2017.
 Wine consumption in India will have increased to 2.1 million cases, up 73% from the
1.10 cases consumed in 2013.
 Alcohol consumption in India is on rise.
 In hotel industry the wine segment has shown impulsive growth.
 In India the wine culture scope is high in business meeting, summits, conferences
 The market for wine in India is expected to grow at around 20 % per annum
 Carbonated and aerated drink segment is increasing in terms of non alcoholic
beverages.
 The per capita consumption of wine in India is still extremely low.
 There is a growing consumer interest in wines with a number of wine clubs opening
in cities like Delhi, Chandigarh, Hyderabad and Bangalore. Nearly 80% of the wine
sales in India are accounted for by the major cities like New Delhi, Mumbai, Chennai,
Kolkata, Pune and Bangalore.
 West India accounts for over 41% of the total sales volume of wine in the country,
followed by North India which accounts for 29% of the total sales volume.
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 Nearly 90% of wine sales are for still wines i.e. white & red wines. Sparkling wines
target that select segment of affluent consumers.
 India presents a huge growth potential for alcoholic beverages sales
 India is the third largest market for alcoholic beverages in the world, and the domestic
market is largely dominated by United Breweries, Mohan Meakins and Radico
Khaitan. The demand for beer and spirits is estimated to be around 373 mn cases per
year. There are 12 joint venture companies having a licensed capacity of 33,919 kilo-
litres p.a. for production of grain based alcoholic beverages. Around 56 units are
manufacturing beer under license from the Government of India.
 The pub and bar culture in India is picking up, and is becoming more popular in the
20-45 age groups.
 For beer, the Indian market is expected to grow by 13.2 % by 2016.
 India is the fourth largest beer consumer in the Asia
 Beer is currently targeted at the higher middle and middle income demographics in
India.
 It’s very difficult to predict the market growth for beer in India as there is always
uncertainty on the taxation front. Growth in the beer market is very dependent on
government policies in different states.
 Beer volume sales are forecast to grow at a CAGR (Compound annual growth rate) of
10 % in the period 2012-2017.
 Nearly 30 to 35 % of adult men and five per cent of women are regular consumers of
alcohol in India.
 In India, the alcoholic beverages sector grew at a compound annual growth rate
(CAGR) of over 12 per cent during 2004-09 and was worth $21.7 billion in 2009. It
might cross $39 billion by 2014.
 Strong beer will grow at some 15 % while mild beer will decline by 3-4 %. Beer with
high alcohol content hasn’t always had a great image in India, but that may be
changing.
 There is good opportunity in energy drink and juice segment in Indian market.
 In terms of soft drinks in Indian market already many players has their potential so
there will be less scope and opportunity in this sector for European/German made
product.
 There is great potential for beverages in coffee because in India the culture of tea is
going down in context to coffee drinking consumers.
 In India there is new law for consumer who is above and 25 are legalised to drink
alcohol in any restraunts, discs, lounge, clubs, etc.
 In Indian market there is wider scope of soft drinks because many teenagers are most
attracted to this segment in India.
 In beverages water selling has a less opportunity for foreign players because there are
already great players of Indian companies in India.
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35
 Especially energy drink can be a quite good segment for foreign players to do good
job in Indian market for example as Red bull and Monster are doing.
 For example -Corking open a new 'super-premium' category in India's beer market, a
German brand has launched its lager in Goa. 'Kaltenberg beer', owned by German
firm Konig Ludwig International, will be manufactured by CMJ Breweries Private
Ltd at their plant in Meghalaya, and will retail in Goa at 75 for a pint. Until now, the
super-premium category only included imported beers, and holds a tiny market share
of around 5 Lakh cases a year.
There are two sets of taxes on wines in India:
CUSTOMS DUTIES – WINE Effective 1st July 2008
Customs Duties are currently the same on both Bottled In Origin (BIO) wines and wine
imported in bulk (defined as any packing of 2.0 litres or more per container):
Duties are expressed as % of the CIF (Cost Insurance & Freight) rate, converted at the
customs-notified rate of exchange
Rate
Assessment Fee 1%
Basic Customs Duty 150%
Last Point Tax 4%; On the cumulative amount - theoretically reimbursable
Total duties 160.6%
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Wine Imports
 All alcoholic beverages, including wines, may be imported into India under an Open
General Licence (OGL) - meaning that no licence is really required to import wines into
India.
 An importer would need to be a company registered in India with an Import Export Code
(IEC) issued by the Director General of Foreign Trade, Ministry of Commerce - not
difficult to get.
 Wines so imported can be stored in a Customs Bonded Warehouse (CBW) for up to 3
months without having to pay customs duty - best to tie-up with a C&F Agent
beforehand to clear the goods and move them to the CBW of choice.
 Imported wines may be sold either duty free (against a duty free licences held by a hotel
or restaurant or embassy or duty free shops in airports) or duty paid (to licence trade),
after paying the customs duty applicable and deboning the stocks.
State wise
Alcoholic beverages are a state subject in India, so each state has its own rules & regulations and
duties & taxes on wine. In addition:
1. All brands (whether imported or produced in India) have to be registered with the Excise
Department of each state. Formalities may include submitting a cost-card of prices proposed
to be charged down to the MRP (Maximum Retail Price) and payment of registration fees
ranging from Rs. 5, to Rs, 20,000 per label per year.000
Written permission ("Permits") need to be obtained from concerned excise authorities for movement
of wines from winery/ CBW to the trade. Such permission is generally issued after payment of the
state excise duties applicable; in case goods are being moved between two states, this would entail
paying an Import Fee and an Export Pass Fee
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37
Scope and Potential of Food items
 Youth population (age group 15 – 25) doesn’t shy away from trying new food
products.
 More Nuclear families: usually working couple => less cooking time + expensive
maids=need ready to eat / ready to cook food.
 Rising incomes, middle class and rich families can afford processed food.
 Emergence of Tier 1 and Tier 2 cities, shopping mall culture.
 In India there will be potential for European made in healthy foods.
 As in India organic food segment is growing so there is a chance for many foreign
country made products in this segment.
 There is huge scope of European made food items in urban sector.
 As compare to 2010 to 2015 the food products from international country made in
India has shown a growth and change.
 The taste and preferences for food items from any international country made items in
Indian market is totally different from living standard of the individuals.
 But in Indian market there is good scope for international made cookies and snacks in
premium category for premium and high pocket bearer in India.
 There is a great demand of international made chocolates in India so there can be
good scope and potential for European made items.
 For European made food items in India there can be scope and potential in snacks
because most of the young generations love to eat snacks.
 There is no scope in rural segments for European food made products.
 There can be good scope in European made bakery items like breads and pastries, etc.
 In junk food items from European made in India have a great versatile scope, because
in most metro cities the culture of junk food eaters is growing at a great pace.
 In India there is a huge opportunity in food items from European in case of easy and
fast to make or cook with less time.
 If the quality of European made product food items is good then there is a great scope.
 There is growth in Kids food items for European made in India.
 There is also a specific growth for international or European made in diet made food
item in India.
 For example Nestle an international brand in Indian market has done a great earning
and selling of its food product in India.
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Rules and Regulations for Food items in India
The import of food products into India is controlled by the Food Safety and Standards
Authority of India (FSSAI). The FSSAI has published various regulations and notification,
which have to be followed while importing food products. If the food products are not as per
FSSAI regulations, the consignment will be rejected and will not be allowed into India.
Therefore, Entrepreneurs and Businesses that import food products into India must be aware
of the FSSAI procedures and regulations relating to food product import. In this article, we
look at the FSSAI regulations that concern food import into India.
Licenses and Registrations
The following licenses and registration would be required for importing food products into
India. It is important to obtain these licenses or registrations prior to sending any food
consignment to India.
 Private Limited Company or LLP (This is optional. However, recommended as it
improves transferability of the business and limits personal liability).
 VAT Registration Required for selling goods or products in India).
 Importer Exporter Code from DGFT(Required for importing or exporting goods)
 Product Approval from FSSAI (if the product proposed to be imported is non
standardised i.e. it is not in conformity with the food standards prescribed under the
FSS Act and regulations there under).
Process for importing food products into India
Customs Clearance
Prior to the food consignment arriving in a air or sea port in India, the importing food
business operator must prepare an Authority Letter in favour of a Customs Handling Agent
(CHA) addressed to the FSSAI/ Authorised officer.
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39
On arrival of consignment, the Customs Handling Agent based on the authorization letter
would file an application for clearance of consignment with the Department of Customs
based on the Bill of Entry. A Government Customs Agent would verify the consignment and
clear the same after clearance of customs formalities and payment of customs duty.
Applying for FSSAI Clearance
On obtaining Customs Department clearance, the Customs Handling Agent must file an
application in the Food Import Clearance System (FICS) of FSSAI to obtain the ‘No
Objection Certificate’.
The documents required to be uploaded in the FSSAI platform for FSSAI clearance
are:
1. Importer Exporter Code issued by the DGFT;
2. FSSAI Food Business License;
3. Bill of Entry;
4. Examination Order generated by the EDI system of Customs, therein requiring NOC
from the FSSAI.
In addition to the above documents, the additional documents may also be required on a
case to case basis:
1. Import Permit issued by Ministry of Agriculture, Government of India in case of
primary agriculture produce/ horticultural produce;
2. Sanitary Import Permit issued by Department of Animal Husbandry, Government of
India in case of livestock products;
3. Registration of import contracts for poppy seeds with Central Bureau of Narcotics,
Gwalior;
4. Certificate of Origin issued by Authorised Person/ Agency at the place of
manufacturing/ processing etc. of the food consignment. Certificate of Origin shall
contain information on Country of Origin etc. if the consignor is from a different
country;
5. Phyto-Sanitary Certificate issued by the Plant Quarantine Department of Exporting
Country in case of primary agriculture/ horticulture produce with fumigation
endorsement;
6. Certificate of Analysis with composition (Ingredients). In case of Wine & Whiskey –
Test Certificate;
7. End-use declaration – The Food Importer has to clearly declare the end use of the
imported food product;
8. Pumping Guarantee Certificate in case of edible oil imported in bulk;
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40
9. List of transit country, if the food consignment is trans-shipped through more than one
country;
10. Temperature Chart / Report / Graph, if the food consignment trans-shipped under the
Cold Chain Technologies (CCT) from the port of origin to the point of import;
11. Stuffing list, Packing List;
12. Commercial invoice as mentioned in the Bill of Entry (BoE).
13. Bill of Lading as mentioned in the Bill of Entry (BoE) for sea consignment.
14. Air Way Bill as mentioned in the Bill of Entry (BoE) for air consignment.
15. In case of aseptic package, declaration by an undertaking from the manufacturer that
the representative sealed sample is from the same batch of the consignment.
16. In the absence of representative sample for the aseptic package, the importer should
furnish an Undertaking to the effect that they do not have any objection to break open
the sealed aseptic container from the consignment and collect the sample for laboratory
analysis and the Food Authority is not responsible for any kind of damage to the
consignment due to such drawl of sample as it is necessary for the clearance of the
consignment. Similarly, if the sample quantity is insufficient to draw the duplicate
sample, the importer shall submit declaration that ―no claim shall be made for re-
testing, if the primary test fails.
17. In case of re-import in addition to the documents listed above, submit the documents
filed in the customs at the time of export as well as copy of the rejection certificate with
reasons for such rejection(s) issued by the Officials of importing country before its re-
export thereby leading to re import into India.
18. High Sea Sale Agreement.
19. Radio Activity Certificate, if irradiation is used.
20. Any other report(s) / document(s) / undertaking (s)/ Affidavit(s) as directed and as
specified by the Authorised Officer or by the Food Authority from time to time
Inspection and Sampling of the Consignment
Once an application is made in the Food Import Clearance System with the above documents,
an FSSAI Officer will verify the documents, request more information (if required only). If
the application is accepted, the Imported will be requested to deposit fees for FSSAI
clearance based on the number of samples. Also, the FSSAI Officer will fix a date and time
for visual inspection of the consignment. During the visual inspection of the consignment, the
following parameters will be verified:
 Physical condition of the consignment for visible insects and fungal infestation;
 Valid remaining shelf life of the product is more than the 60% of its original shelf life
at the time of import clearance;
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41
 Compliance of the FSS (Packaging & Labelling) Regulations, 2011, and the product
specific labelling requirements;
 Rectification of labelling deficiencies, namely:
 Name and address of the importer
 FSSAI logo and license number
 Veg / Non-Veg Symbol
After the visual examination, the FSSAI Officer would draw two samples from the
consignment for testing. One of the sealed and labelled Food Sample will be sent to a
randomly selected laboratory made by the Food Import Clearance System. The second food
sample would be stored in appropriate conditions for re-testing, if the need arises. The
samples of imported Food sent by the Authorised Officer would be analyzed by the
laboratory as per the parameters defined in the Food Safety and Standards Act and the
Regulations. The lab is required to send its report within five days to the Authorised Officer
with conclusive opinion about the product tested as conforming or non-conforming.
Approval of Food Product into India
If the authorised lab issues an opinion report confirming that the food consignment is in
conformance with the FSSAI regulations, the FSSAI Officer would issue a No Objection
Certificate (NOC)/ Non Conformance Certificate (NCC). The food product would then be
cleared for import into India and released from the customs warehouse.
Food Imports into India NOT requiring FSSAI Approval
The following types of food product import into India do not require FSSAI Approval:
1. Export rejected or re-imported food meant for re-export;
2. Food articles or ingredients or additives which are being imported for manufacturing
of 100% exports products.
3. Food imported by Diplomatic Missions.
4. Import of Food for Quality Assurance, Research and Development – This imported
food cannot be released into the domestic market or used for test marketing or market
research purposes.
5. Food imported for the purposes of exhibitions & tasting, subject to certain conditions.
6. Food received during any disaster/emergency situations.
7. Import of food for sports events, subject to certain conditions
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42
Scope of Cosmetics and toiletries’ item in India
 In India the cosmetics and toiletries items there is 15-20% growth annually.
 In India German based company Neiva has done great business in cosmetic segment
and also been best men cream ever.
 As there are some challenges some challenges in India cosmetics products in terms of
price and product quantity and quality.
 As there is great scope luxury items in India for both high class and middle class
people.
 The standard of living in India has been changed as compare to previous year.
 Annual CAGR growth of cosmetic products in India is 16-17%.
 There is huge opportunity of foreign made product in India especially in Metro cities
like Delhi, Kolkata, Bangalore, Mumbai, Pune, etc.
 The toiletries and household cleansing market is expected to grow at a CAGR of
16.36% from FY’2014-FY’2019.
 There are less scope foreign made cosmetics and toiletries item rural areas.
 There is huge scope of foreign made cosmetics and toiletries items in urban areas.
 As India has highest youth population so there is a chance for potential of foreign
cosmetics products.
 There is an opportunity in especially organic cosmetic products in India.
 There is a less scope of foreign toiletries items because in India people do not use
high good quality products .They are more reliable towards Indian made products.
 There is huge potential for grooming products for both men and women in India.
Depends upon the category group peoples in India.
 In India premium cosmetics products has high growth and opportunity for foreign
made products in India.
 There is huge scope of skin care foreign made products in India.
 There can be potential in soaps, hand wash, shampoo, conditioner, duos, perfume,
body wash by foreign made products in India.
 There is an opportunity of toiletries items in India in case when it is hygienic and also
at reasonable rate.
1
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43
Guidelines / Clarifications for cosmetics in India:
1. All cosmetic products that are imported for sale in India need to be registered with the
licensing authority as defined under Rule 21 of Drugs & Cosmetics Rules, 1945.
2. An application for registration in Form-42, along with all requisite documents, shall be
submitted to Drugs Controller General (I), CDSCO, FDA Bhavan, Kotla Road, New Delhi
110002.
3. Who can apply for Registration of Import of Cosmetics / who can be an importer?
(i) The Manufacturer himself having registered office in India.
(ii) The Authorised Agent of the Manufacturer
(iii) The Subsidiary of the Manufacturer
(iv)Any other importer
4. A "Brand" for the purpose of these rules will mean each category of cosmetic products as
mentioned in Column 3 of the list enclosed at Annexure.
5. A "Brand" will include all variants of a product e.g. colour, shades, pack sizes, etc.
6. A "Brand" will not mean the trade name of any product of a manufacturer or the
manufacturer himself / itself.
7. A "Manufacturer" means a person or entity in a Country other than India who owns the
trade name of the brand of the cosmetic product for which registration has been applied for
and who / which manufactures such product at his / its own manufacturing site or at a site
owned by another manufacturer in the trade name of his / its brand.
8. An "Authorized Agent” means a person or entity in India authorized by the manufacturer.
The authorized agent will be responsible for the business activities of the manufacturer in
India including compliance to the provisions of the Act in all respects.
9. "Subsidiary “means an entity in India owned by the manufacturer.
10. "Any other importer “means any person or entity purporting to import cosmetic products
other than the manufacturer, its authorised agent and its subsidiary.
11. An application for issue of a registration certificate will be accompanied by the specified
fee along with the information and undertaking in Schedule D-III.
12. A single application may be made in Form 42 for any number of brands manufactured at
one or more locations by a single manufacturer.
13. A single registration certificate in Form 43 may be issued to a particular applicant in
respect of import of any number of brands manufactured at one or more locations by a single
manufacturer.
Institute of Technology & Science
44
14. Each application will be accompanied by a fee of USD 250 or its equivalent Indian
rupees for each Brand viz. each category of cosmetics as mentioned in Column 3 of the list
enclosed at Annexure.
15. If the applicant seeks to import the same brand belonging to different manufacturers, he
needs to submit separate application for each manufacturer and has to pay separate fees
therefore.
16. In any existing valid Registration Certificate, if the applicant wants to add any further
brand or product of already registered category as mentioned in Column 3 of the Annexure
for the same manufacturer, separate application will need to be submitted by the importer.
But no fee will be charged. In such cases additional product permission will be endorsed to
the already approved category in a given Registration Certificate.
17. Power of Attorney – The authorization by a manufacturer to his authorized agent in India
will be documented by a Power of Attorney. The power of attorney shall be
(a) Executed and authenticated either in India before First Class Magistrate, or in the country
of origin of the manufacturer before such an equivalent authority.
(b) Attested by the Indian Embassy of the said Country.
(c) Apostle from Hague convention member countries is also acceptable. The original of the
same will be furnished along with the application for Registration Certificate. While
submitting the Power of Attorney, the following points should be kept in mind:- · It should be
co-jointly signed and stamped by the manufacturer as well as the Authorised agent indicating
the name & designation of the authorized signatories. · It should clearly list the names of all
cosmetic products along with their trade names, Brand as per Column 2 of the Annexure and
variants (e.g. colour, shades, pack sizes, etc). Further, the name of the cosmetics should
correlate with those mentioned in the Form 42. · The names and addresses of the
manufacturer as well as the Authorised agent stated in the Power of Attorney should correlate
with the Form 42. · It should be valid for the period of said Registration Certificate.
18. In case of any change in product specification, ingredients, variant, etc after grant of
Registration Certificate, the applicant will inform about those changes to the Licensing
Authority by submitting revised Schedule D III at least 30 days before the date of import.
19. The label of imported cosmetics will bear the registration certificate number of the brand
and name and address of the registration certificate holder.
20. Stickering of labels containing the registration certificate number of the brand and the
name and address of the registration certificate holder may be allowed to be carried out after
import at a suitable declared place approved by the Licensing Authority on an application
made to the Licensing Authority.
21. The Label should also bear the name and address of the manufacturer and name of the
country where the product has been manufactured. If the product has not been manufactured
in a factory owned by the manufacturer, the name and address of the actual manufacturer or
the name of the country where it has actually been manufactured as Made in (name of
country) should be there on the label.
Institute of Technology & Science
45
22. The following documents are required to be submitted for grant of registration certificate:
a) Covering letter by the applicant
b) Form 42
c) Treasury Chalan
d) Power of Attorney v. Schedule D III
e) Original or a copy of the Label.
f) Free Sale Certificate (FSC)/Marketing Authorization letter/Manufacturing License, if any
Product specification and testing protocol, List of countries where Market Authorization or
import permission or registration was granted, Pack insert, if any xi. Soft copies of the
information about the brands, products and manufacturer
23. The applicant will provide the translated English version of any document which is in
any other foreign language from qualified translator.
24. In case where there is no provision for license to manufacture cosmetics in the country of
origin, the importer will provide a declaration on an affidavit to that effect.
25. Cosmetic products which are imported into India as bulk for repackaging for 100%
export to other countries will not require registration certificate. In such cases the importer
has to obtain necessary permission from CDSCO HQ. Importer must give written
undertaking that these products are not released for domestic sale.
26. For Import of cosmetics for R&D purposes like packaging trials, consumer studies, shelf
life studies and transport studies, registration certificate is not required. In such cases the
importer has to obtain necessary permission from CDSCO HQ. Importer must give written
undertaking that these products are not released for domestic sale.
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46
Recommendations
 In India there is huge scope in fmcd sector for Mega sonic.
 If Mega sonic is planning to do business in India then they should develop their
research and development centre for their advantage.
 By doing joint venture will be a good option for Mega sonic as a start up in India.
 They can go for Special economic zone in India.
 There is a scope of solar energy for German companies in India because India is
rich in Renewable resources.
 There is a strong scope for Automobile and IT sector for investment.
 In ecommerce segment for Mega sonic there is an opportunity with Infibeam
Ecommerce Company in India which Is doing a good business.
 In India there many German companies doing great in automobile sector but there
is no bicycle product by German companies in India which can have good
opportunity in India.
 Best shipping port in India is JNPT in all segments. So it will be good port for
German companies to import in India.
 There is a big opportunity for beer product in India.
 There is a big opportunity in cosmetics product like perfumes, shampoos, herbal
cream, etc.
Institute of Technology & Science
47
References
 http://www.awex.in/list-companies-b2b-meetings-november-2013
 http://www.studydhaba.com/list-of-18-mous-signed-b
 http://www.mumbaiport.gov.in/index2.asp?slid=35&sublinkid=480&langid=1
 http://www.dqindia.com
 http://www.maiervidorno.com/promising-sectors-manufacturing-india/
 http://www.tradingeconomics.com/germany/imports
 https://www.wto.org/english/thewto_e/countries_e/india_e.htm
 http://www.business-standard.com/article/companies/pune-becomes-hot-spot-for-
german-companies-111092700037_1.html.
 https://www.indianembassy.de/
 http://www.investindia.gov.in/advantage-india/
 http://www.ibef.org/economy/global-opportunities.aspx
 http://www.cdsco.nic.in/writereaddata/Guidelines%20on%20Registration%20of%
20Import%20of%20Cosmetics.pdfetween-india-and-germany-october-2015/
 https://www.kpmg.com/IN/en/IssuesAndInsights/ArticlesPublications/Documents
/KPMG-CII-Ease-of-doing-business-in-India.pdf

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Megasonic project(SANKALP KATIYAR)

  • 1. Institute of Technology & Science 1 PROJECT FOR MEGA SONIC COMPANY (On environmental factors and potential sector for doing business in India) SUBMITTED BY-: SUBMITTED To-: SANKALP KATIYAR MR. AJAY KUMAR CHOWDHRY (PGDM 2014-2016) PROJECT MANAGER MEGA SONIC BERLIN, GERMANY
  • 2. Institute of Technology & Science 2 CONTENTS S.NO TITTLE PAGE NO. 1 Executive summary 3 2 Why to invest in India 4 3 Some important agreements signed between German and India 5 4 India and Germany relation 7 5 Make in India advantages and disadvantages 8 6 SWOT analysis of FMCD Sector 10 7 PESTLE analysis 11 8 Ecommerce in India 12 9 Most potential sector/industry for German and Indian company collaboration 13 10 Process and ways 15 11 Govt. regulations, customs duty, etc on Import of German/European made and Chinese made Items in India. 22 12 Best shipping Port in India 27 13 Scope and Research the potential of European/German made below product(groups) in the Indian Market, along with any additional Import regulations-:  Cosmetics & Toiletries items  Wines & Beverages(Alcoholic and Non- Alcoholic) items  Food items 33 14 Recommendations 46 15 References 47
  • 3. Institute of Technology & Science 3 Executive Summary The project Opportunity by Mega sonic Company to me gave a study to do on 5 stages. In first stages I have done my work to know that why to invest in India, what are German companies doing good business in India, what are the cities to invest in India for business purpose, what are the indo German bilateral trade, have also covered some important agreement done by both Germany and India together, swot analysis of fmcd sector, pestle analysis of India and ecommerce sector in India. The second stage of my project was on the potential sector for German and Indian company collaboration and ways process. According to my research I found that mostly German are always keen to invest in high technology sector, but India the potential sectors for German companies will be automobile, food processing, service sector, digital engineering, infrastructure, renewable resources, fmcd, metal and steel, manufacturing and agriculture. But for Mega sonic there will be opportunity in India are in three sectors fmcd, fmcg, retail and ecommerce. The process and ways can be either doing joint venture or by subsidiary company formation. The third stage is about that which is the best shipping port in India in every ways. According my analysis I found that jnpt in India is the best port becau.se it is the largest port in India and also carries highest shipment which is around 56% and it also has three terminals. In fourth stage I have found that what are the govt rules and regulations for importing goods in India. According my analysis I found that in India there is a tariff rate around 20% and average tariff rate is around 10-12% and there is no sales tax on importing good to India. In fifth stage the work was about to know the scope and potential of European/ German made products or items in the category like cosmetics and toiletries, wine and beverages and food items. As per my analysis there is huge scope in mostly cosmetics items in India and wine and beer and beverages in Indian market because most of the young generation India are habitual of these items and some of them buy these products according to their living standards. There is a huge opportunity in Energy drinks for the age group 18-30 years in India. All the data used in my project is a secondary data.
  • 4. Institute of Technology & Science 4 Why to invest in INDIA  World's largest democracy with 1.2 billion people.  Stable political environment and responsive administrative set up.  Well established judiciary to enforce rule of law.  Land of abundant natural resources and diverse climatic conditions.  India's growth will start to outpace China's within three to five years and hence will become the fastest large economy with 9-10 per cent growth over the next 20-25 years (Morgan Stanley).  Investor friendly policies and incentive based schemes.  India's economy will grow fivefold in the next 20 years (McKinsey).  Cost competitiveness; low labour costs.  Total labour force of nearly 530 million.  Large pool of skilled manpower; strong knowledge base with significant English speaking population.  Young country with a median age of 30 years by 2025: India's economy will benefit from this "demographic dividend".  The proportion of population in the working age group (15-59 years) is likely to increase from approximately 58 per cent in 2001 to more than 64 per cent by 2021.  Huge untapped market potential.  The urban population of India will double from the 2001 census figure of 290 m to approximately 590 m by 2030 (McKinsey).  Progressive simplification and rationalization of direct and indirect tax structures.  Reduction in import tariffs.  Full current account convertibility.  India is member of WTO.  Robust banking and financial institutions  India is assumed to be the highest performing country among the BRICS markets.  There is a high market readiness in India for High-Tech products.  India has strong IT and Space sector capabilities.  Recent government of India initiatives in FDI, ease of doing business and infrastructure can significantly impact the business environment in High-Tech sectors.
  • 5. Institute of Technology & Science 5 Some important agreements signed between German and India is as follows: MOU means Memorandum of understanding 1. Joint Declaration of Intent (JDI) on Languages: It seeks to promote German as a foreign language in India and promote modern Indian Languages in Germany. 2. Joint MOU on Skill Development: Boost cooperation in the Field of Skill Development and Vocational Education and Training. 3. MOU on Security Cooperation: It was signed between Union Ministry of Home Affairs (MHA) and Federal Ministry of the Interior of Germany. 4. MOU on Aviation Security: It was signed between Union Ministry of Civil Aviation and Federal Ministry of the Interior. 5. JDI on Disaster Management: It was signed between Union Ministry of Home Affairs (MHA) and Federal Ministry of the Interior of Germany. 6. Joint Declaration on IGSTC: It was signed between Union Ministry of Science and Technology and the Federal Ministry of Education and Research for extending the tenure of the Indo-German Science and Technology Centre (IGSTC). 7. MOU on Higher Education: seeks to promote Indo-German Partnerships in Higher Education (IGP). 8. JDI on Plant Protection Products: It was signed between Union Ministry of Agriculture and Farmers’ Welfare (MOA &FW) and the Federal Office of Consumer Protection and Food Safety (BVL). 9. JDI in the field of Railways: Seeks further Development of the Cooperation in the Field of Railways both countries. 10. MOU in the field of manufacturing: It was signed between Department of Heavy Industries & Public Enterprises and Fraunhofer Society of Germany. 11. MOU for Food Safety -Cooperation in food safety between the Food Safety and Standards Authority of India (FSSAI) and the Federal Office of Consumer Protection and Food Safety (BVL).Cooperation in food safety between the Federal Institute for Risk Assessment (BFR) and the Food Safety and Standards Authority of India (FSSAI). 12. MOU For young scientists -Supporting participation of young Indian scientists in natural sciences for the Lindau Nobel Laureate Meetings. 13. Setting up a fast-track system for German companies in India. 14. Co Operation In Agricultural Studies -Cooperation in agricultural studies By Providing New And innovative technology to Agriculture , 15. Plant protection products 16. Cooperation in the field of advanced training of corporate executives and junior executives from India. 17. MOU on Solar Energy: Seeks to promote Indo-German Development Cooperation for Indo- German Solar Energy Partnership.
  • 6. Institute of Technology & Science 6 Indo-German Bilateral Trade (in € Billion) 2012 2013 2014 2015 (Jan-July) Total Trade 17.37 16.10 15.96 10.43 Indian Exports 6.99 6.91 7.03 4.58 Indian Imports 10.38 9.19 8.92 5.85 Balance of Trade -3.39 -2.28 -1.89 -0.27 Major Indian Exports to Germany Textiles, Metal & Metal Products, Electro Technology, Leather & Leather Goods, Food & Beverages, Machinery, Pharmaceuticals, Auto Components, Chemicals, Gems & Jewellery and Rubber Products Major Indian Imports from Germany Machinery, Electro Technology, Metal & Metal Products, Chemicals, Auto Components, Measurement & Control Equipment, Plastics, Medical Technology, Pharmaceuticals, Paper & Printing Materials German Companies in India The majority of German companies 80% have entered India through the automatic route. Of these, around 96% have established a wholly-owned subsidiary in India while the remainder have set up a joint venture with an Indian partner. Some German companies pointed out that they wanted full control over their operations and technology transfer; therefore, they prefer the wholly-owned subsidiary route rather than a joint venture with an Indian company. Unlike China, where Germans have largely invested in the manufacturing sector, in India German companies have mainly invested in the services sector. Of the 187 companies, 97 have invested in the services sector 51.9% and 82% in manufacturing 43.9%. Within the services sector, IT and ITES has the majority of German companies. Mumbai is the preferred location for German companies, with 52% having offices in Mumbai followed by Pune 42% and Bangalore 27%. In terms of sectors, the majority of the manufacturing companies are in Pune, transport and logistics companies and construction companies are in Mumbai, tourism is in Goa and mining is in Kolkata. German companies in India are aware of the growth prospects and are investing in developing end-to-end infrastructure in the Indian market. Companies are also working with smaller enterprises to foster overall growth of the Indian economy
  • 7. Institute of Technology & Science 7 India-Germany Relation India is one of the first countries to end the state of war with post-war Germany in 1951 and amongst the first countries to recognize the Federal Republic of Germany (FRG). The relationship, based on common values of democracy and rule of law has been strengthened significantly in the 1990s following India’s economic liberalization and the end of Cold War. In the last decade, both political and economic interaction between and Germany has enhanced significantly. Today, Germany is amongst India’s most important partners both bilaterally and in the global context. The course of the bilateral relationship was set by the two visits of Prime Minister Jawaharlal Nehru to Germany in 1956 and 1960. There are regular bilateral exchanges, including at the highest level. In recent years, there have been regular high level visits from both sides. Former PM Dr. Manmohan Singh visited Germany in 2006, 2010 and 2013. Hon’ble PM Shri Narendra Modi paid an official visit to Germany on April 12-14, 2015 on the occasion of participation of India as Partner Country in the Hannover Messe-2015. From the German side, Chancellor Angela Merkel visited India in 2007 and again in 2011. German President Joachim Gauck paid a State visit to India in February 2014. India and Germany have a ‘strategic partnership’ since 2001, which has been further strengthened with two rounds of Intergovernmental Consultations (IGC) in New Delhi in May 2011, as well as in Berlin in April 2013. The next IGC is scheduled to take place in India in October 2015. The two countries have several institutionalized arrangements to discuss bilateral and global issues of interest viz. Strategic Dialogue, Foreign Office Consultations, Joint Commission on Industrial and Economic Cooperation, High Technology Partnership Group, High Defence Committee, Joint Working Group on Counter-Terrorism, Indo-German Energy Forum, Indo-German Environment Forum, Indo-German Consultative Group, etc. Germany and India cooperate closely on the issue of UN Security Council expansion within the framework of G-4. Both sides have regular consultation on foreign policy issues such as East Asia, Central Asia, UN issues, Disarmament & Non-proliferation, etc. There have been regular interactions between Parliamentarians of the two countries. The Indo-German Parliamentary Group in the German Bundestag, established in 1971, has contributed to strengthening links between the two Parliaments. A 16-member India- Germany Parliamentary Friendship Group has been constituted in the 18th Bundestag under the Chairmanship of Mr. Ralph Brinkhaus, an MP from the CDU. A group of MPs led by Mr Brinkhaus visited India in February 2015. In the field of defence, bilateral Defence Cooperation Agreement was signed in 2006 which provides a framework for annual consultations. High Defence Committee (HDC) meetings at the Defence Secretary level take place annually, alternately in New Delhi and Berlin. India was the Partner Country in ILA Berlin Air Show in 2008. Chief of Naval Staff Admiral R. K. Dhowan paid an official visit to Germany on July 7-10, 2014. German Defence Minister Ursula von der Leyen visited India on May 26-28, 2015. She called on PM and had a meeting with Raksha Mantri Shri Manohar Parrikar. Among important visits in recent times, Minister of Communications and IT Shri Ravi Shankar Prasad visited Germany in September 2014. Minister of Environment, Forests and Climate Change Shri Prakash Javdekar visited Germany on May 17-19, 2015 to attend 6th Petersburg Climate Dialogue in Berlin. Foreign Secretary Dr. S. Jaishankar visited Berlin on March 25-26, 2015. Visits from the German side include those of Foreign Minister Frank- Walter Steinmeier (September 2014), Finance Minister Wolfgang Schäuble (January 2015) and Environment Minister Dr. Barbara Hendricks (January 2015) and Defence Minister Ursula Von Der Leyen (May 2015)
  • 8. Institute of Technology & Science 8 Advantages and Disadvantages of Make in India Advantages 1. Manufacturing sector led growth of nominal and per capita GDP. While India ranks 7th in terms of nominal GDP, it ranks a dismal 131st in terms of per capita GDP. 2. Employment will increase manifold. This will augment the purchasing power of the common Indian, mitigate poverty and expand the consumer base for companies. Besides, it will help in reducing brain drain. 3. Export-oriented growth model will improve India's Balance of Payments and help in accumulating foreign exchange reserves (which is very important given the volatility in the global economy with multiple rounds of Quantitative Easing announced by major economies). 4. Foreign investment will bring technical expertise and creative skills along with foreign capital. The concomitant credit rating upgrade will further woo investors. 5. FIIs play a dominant role (relative to FDI) in the Indian markets. However, FIIs are highly volatile in nature and a sudden exodus of hot money from India can affect a nosedive in the bellwether indices. Make in India will give an unprecedented boost to FDI flows, bringing India back to the global investment radar. 6. The urge to attract investors will actuate substantial policies towards improving the Ease of Doing Business in India. The Government of the day will have to keep its house in order (by undertaking groundbreaking economic, political and social reforms) to market Brand India to the world at large. Disadvantages 1. From a theoretical perspective, Make in India will tend to violate the theory of comparative advantage. If it is not economically feasible to manufacture a commodity in India, it is best to import the same from a country which enjoys comparative advantage in its production. International trade, after all, is welfare augmenting. 2. Reiterating the point made by Dr. Raghuram Rajan, India, unlike China, does not have the time advantage as it undertakes a manufacturing spree. The essential question is - Is the world ready for a second China? 3. Make in India will lead to an unsustainable focus on export promotion measures. One such measure is artificially undervaluing the rupee. This will have devastating consequences for the import bill. 4. A relative neglect of the world economic scenario may not augur well for Make in India. With the US and Japan economies yet to recover from their economic crises and with the EU floundering, one needs to be wary about the demand side of Make in India. The clairvoyance of the incumbent RBI governor to make for India should be put to good use.
  • 9. Institute of Technology & Science 9 The following major challenges for Make in India need to be addressed immediately: 1. Restore broken trust between industry and government. 2. Environmental clearance has been a contentious issue for many projects. Land acquisition for industries is a pre-requisite, thus bringing the eternal debate of development vs. displacement. 3. Skilled labour force is mandatory and it requires huge monetary support. Unlike in Korea, Japan and Germany which have about 80% of its population skilled, only 12% of India's population is skilled.
  • 10. Institute of Technology & Science 10 SWOT analysis of FMCD Strengths As is evident, the consumer durable industry in India is on a steeply rising curve. Till about two and a half decades ago, people were satisfied with whatever was available – but know people are shifting towards up to date durables and better in quality life. Globalization has brought about a paradigm shift in the way we think and revolutionized our lives. International players have found a hungry market in India – the consumer durables industry has experienced a boom like never before. Foreign Direct Investment (FDI) has made it possible to manufacture the goods in India with the technology from abroad; thus avoiding heavy custom duties and formalities, and keeping the prices within affordable ranges. Tie ups with financial institutions have brought in the idea of Easy Monthly Instalments (EMI) schemes – People with moderate income levels can now aspire for high end life style products without it being too heavy on his pocket. Weaknesses On the face, one may think that there are absolutely no loopholes in this industry. Indeed there are some grey areas - but the good news is that perhaps it is possible to overcome them to a fair extent. For example, when a foreign player wants to set up its own manufacturing duties, the Indian laws may take them in circles before even a scratch is realized on the ground. Also, in some cases, it becomes difficult to provide complete after sale support to the customer. Opportunities Rising demands, flexible investment options, incentive from the Government – the time is ripe for the consumer durable industry. A strong opportunity for foreign players is to employ Indians as their local staff, who can overcome language and cultural barriers and connect with the masses better. This is also an opportunity for talented and well educated youth for being associated with multinational companies and earning handsome packages. Threat Stiff competition from multiple brands for a single product has kept every player on his toes. In India, word of mouth spreads travels faster than light – so a single dent in the image may cost a brand dearly. Even today, we buy products that assure us good service and not ones that make you wait for months because a spare part is in transit from a faraway land.
  • 11. Institute of Technology & Science 11 PESTLE Analysis of India Political factor – There are many laws and regulations passed in any country which depend on politics. For example – Tata NANO which established a plant in west Bengal was made to leave west Bengal due to political pressure. Similarly, as explained before, the political situation of countries like China (communist nation) is controlled yet explosive. Hence establishing in countries like China will need good understanding of politics and also what will be allowed and not allowed by the government of the country. Corruption, law and order and business friendliness of the country depends on political factors only. Economical factors– The inflation rate, the foreign exchange rate, GDP, employment rate and many other economic growth indicators are strong indicators of whether or not the country is good for expansion. Any developing nation will have strong economics in place because it is of developing nature. On the other hand, a backward nation will still find economics a challenge. Thus, it is not a surprise that developing nations are finding the most business entrants nowadays. The single explanation for this phenomenon is economical factors which are in favour of the company and hence show a positive signal. Technological factors-Technology significantly influences product development and also introduces fresh cost-cutting processes. India is served with both 3G and 4G technology which has facilitated several of their technological projects. Furthermore, the country also possesses one of the strongest IT sectors in the world, promoting constant IT development, software upgrades and other technological advancements. Recently, India has also attempted to launch their satellites into space. Legal and Environmental factors-In the recent past, a number of legal changes have been implemented in India, such as recycling, minimum wage increase and disability discrimination, which has directly affected businesses there. However, when it comes to environment, the quality of air in India has been adversely affected by industrialization and urbanization, also resulting in health problems. As a result, there have been establishments of environmental pressure groups, noise controls, and regulations on waste control and disposal.
  • 12. Institute of Technology & Science 12 Ecommerce in India Ecommerce sector in India has grown by 34% (CAGR) since 2009.Till 2014 there was 243 mn users in internet in India. Ecommerce is growing by leaps and bounds in India. Most of the internet users in India are believed to have either heard or used ecommerce services. However, India is struggling to be one big ecommerce player which is profitable. Be it Flip kart, snap deal or any other player, none of them are making profits. They are only creating ripples in the market by launching their innovative campaigns to grab user base. But it is costing them since they are killing margins. Plus, the burden of cash on delivery has queezed their revenues. Ecommerce is expected to be $32 bn market by 2020(from $2 bn), because of the growing customers base in all parts of the country. Among these biggies or so called leaders of India’s ecommerce, India has one ecommerce player – Infibeam.com which is able to keep its bottom line intact. Infibeam is India’s only profitable ecommerce company. The company has been in the market for quite some time and continues to experiment with different things to stay ahead without killing its margins. It has been able to sustain, foresee, make quick changes, introduce new strategies and innovative, which has given this company edge over others. Challenges in the ecommerce sector While the growth in this sector excites entrepreneurs and financial investors alike, some serious challenges are beginning to weigh down on the sector. Ecommerce players in India need to address eight key aspects of their business both internal and external which are as follows:  Compliance Framework  Risk, Fraud and Cyber Security  Tax and Regulatory Structuring  Organization Scaling  Product and Market Strategy  Customer/Digital Experience  Payment and Transactions  Fulfilment Geographical Distribution of Internet users in India (MN) Urban  June 2012(38 MN)  June 2013(60 MN)  June 2014(92 MN)  June 2015(135MN) Rural  June 2012(94MN)  June 2013(132MN)  June 2014(162MN)  June 2015(212MN
  • 13. Institute of Technology & Science 13 MOST POTENTIAL SECTORS/INDUSRTIES IN INDIA FOR GERMAN AND INDIAN COMPANIES COLLABORATION  Food Processing  Ecommerce  Fast Moving Consumer Durables  Retail  Manufacturing and Production  Automobile  Digital Engineering  Renewable Energy  Textile and Agriculture  Steel And Metal  Service As per Mega sonic company potential sectors in India are as follows:-  Fmcd (Hitachi and Samsung foreign companies doing great business in this sector).  Fmcg (for example Amway, Coca cola are the foreign companies doing great business in India in this sector.)  Retail sectors (Lifestyle international foreign base companies doing good business in India.) Note: If any foreign company want to do business in India then it is only done by B2B (Business to Business) and there is no B2C allowed. In ecommerce business in India there are two main companies which are best in this sector first is Flip kart with 44% and the second one is Snap deal with32 % market capture in India. As per my preference Mega sonic should do collaboration and joint venture with Snap deal because it is in more growing stage and later it will surpass Flip kart soon. As Maggie has done great tying up with Snap deal and has shown great come back and selling 100 cities in India with 60000 kits in 5 minutes through Snap deal. If any company from Germany does business in India then they should try to develop its research and development centre for the betterment for their of company. There can be another thing done like breaking and cracking the Snap deal suppliers of gojavas or of Flip kart suppliers doing good in India. flipkart 44% snapdeal 32% amazon 15% others 9% Ecommerce market size in India
  • 14. Institute of Technology & Science 14 Some best cities in India to do business by any foreign country  Bangalore  Pune  Mumbai  New Delhi  Hyderabad  Gurgaon  Chennai  Gujarat Some German companies doing good business in India The companies which are doing good business in India are as follows:  ADIDAS  ALLIANZ  SIEMENS  AUDI  VOLKSWAGEN  BMW  NIVEA FDI is prohibited under the Government Route as well as the Automatic Route in the following sectors: a) Atomic Energy b) Lottery Business c) Gambling and Betting d) Business of Chit Fund e) Nidhi Company vi) Agricultural (excluding Floriculture, Horticulture, Development of seeds, Animal Husbandry, Pisciculture and cultivation of vegetables, mushrooms, etc. under controlled conditions and services related to agro and allied sectors) and Plantations activities (other than Tea Plantations) (c.f. Notification No. FEMA 94/2003-RB dated June 18, 2003). vii) Housing and Real Estate business (except development of townships, construction of residential/commercial premises, roads or bridges to the extent specified in Notification No. FEMA 136/2005-RB dated July 19, 2005). viii) Trading in Transferable Development Rights (TDRs). ix) Manufacture of cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes
  • 15. Institute of Technology & Science 15 Process and ways as per my understanding  Best way to collaborate is by doing Joint Venture and by doing subsidiary but if subsidiary is available for 100% then it is best for the foreign company to do business.  Partnership is not best way to do business among foreign company with Indian company. Because for this company share should be listed.  Best way to do business India is by forming private company because in this way company can shift from private to public company in an easy way.  There are less number of directors and board member are requires in private company formation.  Bajaj Allianz is doing a good business in India by doing collaboration with Bajaj(Indian) company and Allianz(German based )  For investment purpose in public company is not beneficial than private company.  Registration of the foreign company should be done before doing business with Indian companies in India but there should be no listing of company should done by any foreign company for starting new business.  Approval from RBI should be taken before doing business in India.  No foreign company is directly allowed to do single form business in India.  There should be no need to take guidelines by SEBI for a new company formation by foreign company in India.  Companies should follow company’s act 2013 while forming or doing business in India.  For a foreign Investor in India it is very important to choose a right kind of business or corporate entity which best suits its purposes and takes care of liability issues and tax planning issues.  Foreign Companies planning to do business in India should pay special attention to Entry Strategies in India for Foreign Investors and corporate structuring to save taxes to the best extent allowed by laws and international tax treaties.  It is also mandatory for foreign investors or foreign shareholders, both individuals and corporate shareholders, to seek Government Approvals for Investing in India In some special cases Foreign Investment Promotion Board, FIPB Approval for Foreign Investment in India is required.  The sectors where RBI Approval for foreign investors is available under automatic route can be found at FDI in India Sector wise Guide  A Company in India can have foreign directors provided some conditions are fulfilled. The directors of an Indian company, both Indian and foreigner directors, are required to obtain Director Identification Number - DIN and Digital Signature Certificate – DSC.  There are some restrictions regarding issuing sweat equity for a company incorporated in India.
  • 16. Institute of Technology & Science 16  Both the Indian promoters and the foreign promoters can form the following business entities: Private Limited Company, Public Limited Company, Limited Liability Partnership, Unlimited Company, Partnership and Sole Proprietorship.  The foreign companies also have the options of forming the following type of business entities: Liaison Office/Representative Office, Project Office, Branch Office, and Joint Venture Company.  It must be noted that a Joint Venture Company is not a separate type of legal entity; it could be a Private Limited Company, a Public Limited Company, or an Unlimited Company. Similarly a wholly owned Subsidiary of a foreign company in India could be a Private Limited Company, a Public Limited Company, an Unlimited Company, or a Branch Office.  Both foreign and Indian company should follow some norms of MOA (memorandum of association).
  • 17. Institute of Technology & Science 17 Government approvals for foreign companies doing business in India or Investment routes for investing in India, entry strategies for foreign investor India's foreign trade policy has been formulated with a view to invite and encourages FDI in India. The Reserve Bank of India has prescribed the administrative and compliance aspects of FDI. A foreign company planning to set up business operations in India has the following options:  Investment under automatic route; and  Investment through prior approval of Government. Procedure under automatic route FDI in sectors/activities to the extent permitted under automatic route does not require any prior approval either by the Government or RBI. The investors are only required to notify the Regional office concerned of RBI within 30 days of receipt of inward remittances and file the required documents with that office within 30 days of issue of shares to foreign investors. List of activities or items for which automatic route for foreign investment is not available, include the following:  Banking  NBFC's Activities in Financial Services Sector  Civil Aviation  Petroleum Including Exploration/Refinery/Marketing  Housing & Real Estate Development Sector for Investment from Persons other than NRIs/OCBs.  Venture Capital Fund and Venture Capital Company  Investing Companies in Infrastructure & Service Sector  Atomic Energy & Related Projects  Defence and Strategic Industries  Agriculture (Including Plantation)  Print Media  Broadcasting  Postal Services Procedure under Government approval FDI in activities not covered under the automatic route, requires prior Government approval and are considered by the Foreign Investment Promotion Board (FIPB). Approvals of composite proposals involving foreign investment/foreign technical collaboration are also granted on the recommendations of the FIPB. Application for all FDI cases, except Non-
  • 18. Institute of Technology & Science 18 Resident Indian (NRI) investments and 100% Export Oriented Units (EOUs), should be submitted to the FIPB Unit, Department of Economic Affairs (DEA), Ministry of Finance. Application for NRI and 100% EOU cases should be presented to SIA in Department of Industrial Policy & Promotion. Investment by way of Share Acquisition A foreign investing company is entitled to acquire the shares of an Indian company without obtaining any prior permission of the FIPB subject to prescribed parameters/ guidelines. If the acquisition of shares directly or indirectly results in the acquisition of a company listed on the stock exchange, it would require the approval of the Security Exchange Board of India. New investment by an existing collaborator in India A foreign investor with an existing venture or collaboration (technical and financial) with an Indian partner in particular field proposes to invest in another area, such type of additional investment is subject to a prior approval from the FIPB, wherein both the parties are required to participate to demonstrate that the new venture does not prejudice the old one. General Permission of RBI under FEMA Indian companies having foreign investment approval through FIPB route do not require any further clearance from RBI for receiving inward remittance and issue of shares to the foreign investors. The companies are required to notify the concerned Regional office of the RBI of receipt of inward remittances within 30 days of such receipt and within 30 days of issue of shares to the foreign investors or NRIs. Participation by International Financial Institutions Equity participation by international financial institutions such as ADB, IFC, CDC, DEG, etc., in domestic companies is permitted through automatic route, subject to SEBI/RBI regulations and sector specific cap on FDI. FDI in Small Scale Sector (SSI) Units A small-scale unit cannot have more than 24 per cent equity in its paid up capital from any industrial undertaking, either foreign or domestic. If the equity from another company (including foreign equity) exceeds 24 per cent, even if the investment in plant and machinery in the unit does not exceed Rs 10 million, the unit loses its small-scale status and shall require an industrial license to manufacture items reserved for small-scale sector. See also FDI in Small Scale Sector in India Further Liberalized
  • 19. Institute of Technology & Science 19 Sector wise Regulation in Foreign Investment i) Automatic route for specified activities subject to Sectoral cap and conditions. Sectors Cap Airports  Existing  Greenfield 74% 100% Air Transport Services  Non Resident Indians  Other 100% 49% Alcohol distillation and brewing 100% Banking (Private Sector) 74% Coal and Lignite mining (specified) 100% Coffee, Rubber processing and warehousing 100% Construction and Development (Specified projects) 100% Floriculture, Horticulture and Animal Husbandry 100% Specified Hazardous chemicals 100% Industrial Explosives Manufacturing 100% Insurance 26% Mining (Precious metals, Diamonds and stones) 100% Non banking finance companies ( conditional) 100% Petroleum and Natural gas  Refining (private companies)  Other areas 100% 100% Power generation, transmission, distribution 100% Trading  Wholesale cash and carry  Trading of Exports 100% 100% SEZ’s and Free Trade Warehousing Zones 100% Telecommunication  Basic and cellular services 49% 49% 49%
  • 20. Institute of Technology & Science 20  ISP with gateways, radio paging, end-end bandwidth  ISP without gateway (specified)  Manufacture of telecom equipment 100% Prior Approval from FIPB where investment is above Sectoral caps for activities listed below. Sectors Cap New Investment by a foreign investor in a field in which the investor already has an existing joint venture or collaboration with another Indian partner New investment sought to be made in manufacture of items reserved for Small Scale Industries 49% 74%  Broadcasting o FM Radio o Cable network o Direct-To-Home (DTH) o Setting up hardware facilities o Up linking news and current affairs o Up linking non-news, current affairs TV channel 20% 49% 49% 49% 26% 100%  Cigarette manufacturing 100 %  Courier services other than those under the ambit of Indian Post Office Act, 1898 100 %  Defence production 26 %  Investment companies in infrastructure / service sector (except telecom) 49 %  Petroleum and natural gas refining (PSU) 26 %  Tea Sector – including Tea plantation 100 %  Trading items sourced from Small scale sector 100 %
  • 21. Institute of Technology & Science 21  Test marketing for equipment for which company has approval for manufacture 100 %  Single brand retailing 51 %  Satellite establishment and operations 74 %  Print Media o Newspapers and periodicals dealing with news and current affairs o Publishing of scientific magazines / specialty journals periodicals 26 % 100 %  Telecommunication o Basic and unified access services o ISP with gateways, radio paging, end to end bandwidth o ISP with gateway (specified) 49 % to 74 % 49 % to 74 % 49 % to 100 %
  • 22. Institute of Technology & Science 22 Govt. regulations, customs duty, etc on Import of German/European made and Chinese made Items in India. Import Duties The government levies import duties on most of the items imported for trade purposes. These are of different types including Basic Duty, Additional Customs Duty, True Countervailing Duty, Anti Dumping or Safeguard Duty and Education Cess. Payment of Duty  Provisional Deposit Account with Bank: Facilities are available to debit duty amounts directly from the Banks nominated by Customs. This facility reduces delays in receipt of customs duties from Importers and also payment of interest after 2 days. Importers are required to open a deposit account with the nominated Bank and maintain a minimum balance as per the Banks guidelines. On completion of assessment of the Entries, the importer can authorize debit of the duty amount against authorization slips.  Payment by Draft/Bankers Cheque: RBI has issued new guidelines to the nominated banks for acceptance of payments against instruments from nationalized banks only.  Interest: Interest is charged on duties not paid within 2 days. Bill of Entry It is a document certifying that the goods of specified description and value are entering into the country from abroad. If the goods are cleared through the Electronic Data Interchange (EDI) System no formal Bill of Entry is filed as it is generated in the computer system, but the importer is required to file a cargo declaration having prescribed particulars required for processing of the entry for customs clearance The Bill of entry, where filed, is to be submitted in set, different copies meant for different purposes and also given different colour scheme. Bills of Entry are of three types:-  Bill of Entry for home consumption  Bill of Entry for Warehouses  Bill of Entry for Ex-Bond Clearance Details about these and the documents to be filed in case of Non-EDI system can be found here. Green Channel facility Some major importers have been given the green channel clearance facility. It means clearance of goods is done without routine examination of the goods. They have to make a declaration in the declaration form at the time of filing of bill of entry. The appraisement is done as per normal procedure except that there would be no physical examination of the goods. Only marks and number are to be checked in such cases. However, in rare cases, if there are specific doubts regarding description or quantity of the goods, physical examination may be ordered. This facility can be claimed by the Importers who have been approved by the Customs as eligible for claiming the facility. Importers having a clean record can apply to the Customs
  • 23. Institute of Technology & Science 23 (EDI) with a request for Green Channel facility against a covering letter and enclosing copy of Balance Sheet showing proof of Duty paid in a year. Dumping Dumping is said to have taken place when an exporter sells a product to India at a price less than the price prevailing in its domestic market. However, the phenomenon of dumping is per se not condemnable as it is recognized that producers sell their goods at different prices to different market. However, where dumping causes or threatens to cause material injury to the domestic industry of India, the Designated Authority initiates necessary action for investigations and subsequent imposition of anti-dumping duties. Anti Dumping Guidelines Issued by the Government of India must be understood and complied with while carrying out import of goods. IS It refers to Indian standards. While importing goods to India the product should meet out in Indian standards norms. IEC While importing goods to India there should Importer Exporter Code. ISI Mark In India while importing the goods from other countries there should every product marked by ISI. It ensures the quality and the safety norms of the product. BIS Certification While importing goods to India there should be BIS certification products. Tariff Rate In India the tariff rates in general is 20% and the average tariff rates is10-12%. There is also concession provided to Europe while importing in India. Duty Rates Duty rates in India can be ad valorem (as a percentage of value) or specific (rupees per unit). Duty rates vary from 0% to 150%, with an average duty rates 11.9%. Some goods are not subject to duly (e.g. Laptops and other electronic product). Sales Tax There is no sales tax in India for imported goods. Minimum thresholds There is no minimum threshold in India, i.e. all imports regardless of their value are subject to duty and taxes. Other taxes and custom fees  Landing charge(1% CIF)  Countervailing Duty(CVD) which is (0%, 6% or 12% (CIFD+ Landing charges))  CEX (Education & Higher Education CESS) which is 3% countervailing duty.  CESS (Education + Higher Education CESS) which is 3% (Duty + CEX (Education & Higher Education CESS) + countervailing duty.
  • 24. Institute of Technology & Science 24  Additional CVD which is 4% (CIFD+ Landing charges+ Countervailing duty + CESS + CEX(Education and Higher Education CESS)) Basic Customs Duty Goods imported into India are chargeable to basic customs duty (BCD) under Customs Act, 1962. The rates of BCD are indicated in I Schedule (for Imports) of Custom - Tariff Act, 1975. Education cess (EC) @2% and secondary & higher education cess (SHEC) @1% are applicable extra. Generally, BCD is levied at standard rate of duty but if certain conditions are satisfied (below), the importer can avail the benefit of preferential rate of duty on imported goods. Conditions for availing the benefit of preferential rate of duty: 1. 2. Specific claim for preferential rate must be made by the importer, 3. Import must be from preferential area as notified by the Central Government, 4. The goods should be produced/manufactured in such preferential area. For more details on preferential rate of duty: http://www.cbec.gov.in/customs/cst2012-13/cs- gen/cs-gen69-93.pdf. National Calamity Contingent Duty (NCCD) It is levied on import of pan masala, chewing tobacco & cigarettes at different rates as applicable. It is levied @1% on PFY, motor cars, multi utility vehicles and 2-wheelers and Rs.50 per ton on crude oil vide section 169 of Finance Act, 2003. Additional Duty of Customs or Countervailing Duty (CVD) As per section 3(1) of Customs Tariff Act, any article imported into India is liable to duty (in addition to BCD) equal to excise duty for the time being liveable on a like article if produced/manufactured (or could be or capable of being produced/manufactured) in India. If goods manufactured in India are exempt from excise duty, then there is no CVD . CVD cannot be levied, if exemption from central excise duty is based on goods manufactured by SSI units or goods manufactured without aid of power. If the importer is the manufacturer availing benefit of SSI exemption under notification 8/2003 under Central Excise, thereby not paying excise duty on final product manufactured. Such manufacturer is not liable to pay CVD on imports, even if not liable to pay any duty under Central Excise Act, 1944. If imported goods are used by the importer in the same factory or factory belonging to the importer, then no CVD attracted on such imported goods. If imported goods attract excise duty in India as per section 4A of Central Excise Act, then CVD will be calculated on MRP basis only. CVD can be levied only when the importer has imported manufactured goods. It means CVD can be levied only if goods are obtained by a process of manufacture. CVD can be imposed even if there is exemption from BCD. If the importer is the manufacturer, he can claim convert credit of CVD. No EC and SHEC applicable on CVD w.e.f 1/3/2015. No CVD on Anti-dumping duty, Safeguard duty, Protective duty or Countervailing duty on subsidized articles. Special Additional Customs Duty (Special CVD) U/s 3(5) of Customs Tariff Act, imported goods in addition to BCD & CVD shall also be
  • 25. Institute of Technology & Science 25 liable to Special CVD at the rate notified by Central Government (CG) (at present, it is @4%). Special CVD is fully exempt in respect of the following imported goods: a) Goods packed for retail sales covered under Standards of Weight & Measurement Act (Legal Metrology Act, 2009) b) Wrist watches & pocket watches c) Telephones for cellular networks d) Articles of apparel excluding parts of made-up clothing accessories A manufacturer is eligible to claim convert credit of Special CVD paid. A dealer is allowed refund of Special CVD provided such dealer is liable for VAT. A service provider is not eligible to avail cenvat credit of Special CVD. Protective Duty As per section 6(1) of Customs Tariff Act, protective duty is levied by the CG upon recommendation made by the Tariff Committee and upon CG being satisfied that it is necessary to provide protection to any industry established in India. At present, this duty is not in force. No CVD, EC & SHEC are applicable. Safeguard Duty As per section 8B (1) of Customs Tariff Act, safeguard duty is imposed for protecting the interests of any domestic industry in India and it is product specific. CG can impose provisional safeguard duty, pending final determination up to 200 days. Effective from 6th August 2014, if imported goods are cleared in Domestic Tariff Area (DTA) then safeguard duty is payable. No CVD, EC & SHEC are applicable. Countervailing Duty on Subsidized Articles As per section 9 of Customs Tariff Act, it is levied on articles which are imported by getting subsidies from other country. No CVD, EC & SHEC are applicable. Anti-dumping Duty As per section 9A of Customs Tariff Act, it is imposed on imports of a particular country. It is country specific. Dumping exists when a product is exported from one country to another at a price which is less than its normal value prevailing in the exporting country. The difference between the normal value and the export price is the dumping margin based on which anti dumping duty is imposed. No CVD, EC & SHEC are applicable There are three types of bills of entry procedures in India. In other words we can say – there are three types of import in India from customs point of view. Bill of entry for home consumption: Types of bills of Entry in India This bill of entry is in white colour, before introduction of electronic media of filing. Manual bill of entry is filed, where in no electronic data interchange is available to file bill of entry electronically. Importer files bill of entry for home consumption wherein he wants to clear the goods on payment of duty or free duty goods to remove the cargo to his premises immediately. As per customs department section 46 of the customs Act 1962 describes in detail about the procedures and formalities.
  • 26. Institute of Technology & Science 26 Warehousing Bill of Entry: How many types of imports in India. Types of bills of Entry in India Warehousing bill of entry are also called Into Bond Bill of Entry. This is in buff colour before introduction of EDI filing, if filed manually where in no electronic filing available. As per section 46 and section 60 of Indian Customs Act describes in detail about this type of filing. If an importer does not want to pay duty on his goods immediately up on arrival of goods at port, he keeps his goods in a customs bonded ware house by following formalities under such provisions and files Into bond bill of entry. He pays duty and takes the quantity of goods as and when he requires. Ex-bond Bill of Entry: How many types of imports in India. Types of bills of Entry in India 3 The ex-bond bill of entry is filed to take the goods for home consumption by importer as and when he requires from the bonded warehouse explained above. The ex-bond bill of entry is in green colour before if filed manually where in no EDI facility is available. The details of these types of procedures are mentioned in section 68 of Indian Customs Act. Apart from the major three bills of entry, there is another type of bill of entry in pink colour which is used for clearing imported goods for defence establishment. Note: As there is a double taxation system between India and Germany.MFN duty rate in India is 10% for all country products. There is no sales tax on importing products in India. In India the normal tariff rate is 20% and the average tariff rate is 10-12% and there is some concession for European products while importing in India.
  • 27. Institute of Technology & Science 27 Best shipping Port in India, with respect to Infrastructure, market accessibility, and less bottlenecks in Import shipment clearances and warehousing facilities:  JNPT  Mumbai Highlights Of JNPT Port  Jawaharlal Nehru Port, also known as Nhava Sheva, is the largest container port in India.  The port aspires to be among the top 15 of the world with the implementation of several infrastructure projects, including the fourth terminal. At present it is ranked 31st With the two-phased project, the overall container handling capacity of JNPT will more than double to 10 million standard units from the present 4.5 million.  The JNPT Container Terminal is operated by JNPT. It has a qua length of 680 metres (2,230 ft) with 3 berths  JNP accounts for more than half of total container volumes handled at India's 12 public ports and around 40 percent of the nation's overall containerized ocean trade  This terminal will be operated by PSA and will have a capacity of 4.8 Million TEUs (60 MTPA). Phase-I of the project with a qua length of 1 Km will be commissioned by Dec., 2017.  NSICT was India’s first privately managed container terminal. In the year 2006, GTI (Gateway Terminals India Pvt Ltd), a third container terminal operated by APM Terminals, with the capacity to handle 1.3 Million TEUs was commissioned. A new standalone container terminal by the name of NSIGT having a qua length of 330 m and a capacity of 12.5 Million Tonnes will be fully operational by July, 2016.  Jawaharlal Nehru Port Trust (JNPT), country's largest container port, has reported a marginal increase in its cargo handling for the fiscal 2014-15 at 63.80 million tonnes.  Handles containers, liquid bulk & cement ships.  Has three dedicated container terminals namely JNPCT, NSICT & GT  Jawaharlal Nehru Port is ISPS compliant since 2004.  Maximum permissible draft at (Shallow Water Berth) SB01 is 6.00 mtrs and SB02is 10.00 mtrs and SB03 is 10.00 mtrs.  Maximum permissible draft at JNPCT, GTI & NSICT terminals and (Liquid Berth No.1) LB01 is 14.5 meters.
  • 28. Institute of Technology & Science 28  Maximum permissible draft at Liquid Berth No.2 is 10.5 mtrs.  Connected with 31 CFSs and 34 ICDs destinations.  Poised to handle 10 million TEUs of containers by the year 2020 – 21  In the core container segment, it reported 7.33 percent growth in traffic handled at 4.467 million standard units (TEUs), which is the highest ever single year handling, JNPT said in a statement here.  It has three terminals at present, among which the one operated by APM Terminals witnessed the highest traffic with a 45.06 percent share, followed by its own JNPCT at 28.97 percent, while the one by NSICT had a share of 25.97 percent.  Of the total cargo handled by the port, share of containerised cargo was 56.93 million tonnes or 89.24 percent , liquid cargo was 6.19 million tonnes or 9.70 percent while the remaining 0.68 million tonnes or 1.06 percent was miscellaneous cargo in the form of dry bulk and break bulk, it added. Besides, the port's share in the overall container traffic handled in the country stood at 56.13 percent
  • 29. Institute of Technology & Science 29 Mumbai Port- Mumbai Port has long been the principal gateway to India and has played a pivotal role in the development of the national economy, trade & commerce and prosperity of Mumbai city in particular. The port has achieved this position through continuous endeavour to serve the changing needs of maritime trade. Though traditionally designed to handle general cargo, over the years, the port has adapted to changing shipping trends and cargo packaging from break bulk to unitisation/palletisation and containerisation. Besides, it has also developed specialised berths for handling POL and chemicals. For decades, Mumbai Port was India’s premier port. Even today, with the development of other ports, it caters to 10% of the country’s sea-borne trade handled by Major Ports of the country in terms of volume. It caters about 19% of POL Traffic handled by Major Ports. Having weathered and survived many a change in maritime trade in its long history, Mumbai Port is today facing challenges posed by competition from adjoining ports and private ports, changing traffic patterns, inherent physical constraints and continuing labour intensive operations, etc. However, Mumbai Port is taking various measures to render cost effective and quality services to the trade. Location & Salient Feature The Port of Mumbai is situated almost midway (Latitude 18o 54’ N, Longitude 72o 49’ E) on the West coast of India and is gifted with a natural deep water Harbour of about 400 square kilometres protected by the mainland of Konkan on its East and Island of Mumbai on its West. The deep waters in the Harbour provide ample shelter for shipping throughout the year. The approaches to the Harbour are well lighted, with the Prongs Lighthouse to the North, visible 27 kilometres and the Kennery Light House to the south visible 29 kms. The entrance of the Harbour which has approaches from the South- west is between Prongs Reef and the Thull Reef lying off the mainland to the South-east, a distance of about 9 kilometres. The main navigational Harbour Channel is, for the great part, a natural deep-water fairway. The channel has been deepened to 11 metres. With a mean high water neap tide of 3.3 metres, the channel is adequate to meet the requirement of a large number of cargo vessels, passenger ships and deep drafted tankers. With good lighting arrangements navigation is allowed at the port round the clock. Dry Cargo Handling There is a enclosed wet dock namely Indira Dock having a total water area of 24.04 hectares and a qua age of about 4000 metres. The Indira Dock has an Entrance Lock 228.6 metres long and 30.5 metres wide though which vessels can enter or leave the docks at any state of tide. There are 21 berths inside the basin and 5 berths along the harbour wall, with a designed depth of 9.14 metres and 7.5 metres respectively. The depth of berths inside the basin can be increased by 1.20 metres by impounding water by electric pumps. There are two berths on the Southward extension of East arm of the Indira Dock, namely Ballard Pier Station and Ballard Pier Extension. The Ballard Pier Extension berth is 244 metres long and has a modern passenger Terminal Building. It has a designed depth of 9.75 metres CD The Ballard Pier Station berth caters to container vessels and has a designed depth of 9.1 metres CD.
  • 30. Institute of Technology & Science 30 Marine Oil Terminals For handling Crude oil and Petroleum products, there are four jetties at Jawahar Dweep. One of the jetties at Jawahar Dweep, which was commissioned in 1984, can handle tankers with the maximum loaded draft of 12.7 metres corresponding to 125,000 Displacement tons. Two of the jetties can accommodate tankers up to 70,000 Displacement Tons and 228.6 m length and the third one can take tankers of 213.4 m length and up to 48,000 Displacement Tons. Chemical and POL products are handled at two jetties at Pir Pau. Old Pir Pau jetty can accommodate tankers of 170.7 m length while the new one commissioned in December 1996 can handle tankers with a length of 197 m and a draft of 10.5 m. All the jetties are connected to Oil Refineries by a network of pipelines. Bunders Besides the wet docks, there are along the harbour front a number of bunders and open wharves where the traffic carried by barges/sailing vessels are handled. Dry Dock The port has one dry dock, inside the Indira Dock, viz. Hughes Dry Dock which is 304 metres long. Storage There are transit sheds at most of the berths and a number of warehouses in the Port area for storage of uncleared cargo and pre-shipment storage of export cargo. FDI regulations  In general 100% FDI under the automatic route is permitted for all logistic services  FDI up to 100% subject to FIPB approval is permitted for courier services.  FDI up to 49% under the automatic route is permitted for air transport services, including air cargo services.  100% FDI is permitted in Ports and Harbours under automatic route  100% FDI is permitted under the automatic route for storage and warehousing including warehousing of agricultural products with cold storage.  100% FDI is permitted in transport and transport support services through automatic route
  • 31. Institute of Technology & Science 31 Freight Analysis FREIGHT ANALYSIS OCEAN FREIGHT 1x40' OPTION 1 Shanghai to Mumbai Mumbai to Hamburg $ 900.00 $ 950.00 OPTION 2 Shanghai to Mumbai Mumbai to Hamburg $ 900.00 $ 950.00 OPTION 3 Shanghai to Hamburg $ 2,225.00 FREIGHT ANALYSIS OCEAN FREIGHT 1x20' OPTION 1 Shanghai to Mumbai Mumbai to Hamburg $ 650.00 $ 610.00 OPTION 2 Shanghai to Mumbai Mumbai to Hamburg $ 650.00 $ 610.00 OPTION 3 Shanghai to Hamburg $ 1,295.00 FREIGHT ANALYSIS INLAND FREIGHT (INCLUDING THC, INSU etc.) 1x40' OPTION 1 Hamburg to Sangerhausen Mumbai to Ludhiana Ludhiana to Mumbai $ 1,370.00 ₹ 0,000.00 ₹ ,000.00 OPTION 2 Hamburg to Sangerhausen Mumbai to Ghaziabad Ghaziabad to Mumbai $ 1,370.00 ₹ 70,000.00 ₹ ,000.00 OPTION 3 Hamburg to Sangerhausen $ 1,370.00 FREIGHT ANALYSIS INLAND FREIGHT (INCLUDING THC, INSU etc.) 1x20' OPTION 1 Hamburg to Sangerhausen Mumbai to Ludhiana Ludhiana to Mumbai $ 1,370.00 ₹ ,000.00 ₹ 47,000.00 OPTION 2 Hamburg to Sangerhausen Mumbai to Ghaziabad Ghaziabad to Mumbai $ 1,370.00 ₹ ,000.00 ₹ ,000.00 OPTION 3 Hamburg to Sangerhausen $ 1,370.00
  • 32. Institute of Technology & Science 32 FREIGHT ANALYSIS TRANSIT TIME 1x40' OPTION 1 Shanghai to Mumbai Mumbai to Hamburg Shanghai to Hamburg 19 Days 24 Days 30 Days OPTION 2 OPTION 3 FREIGHT ANALYSIS TRANSIT TIME 1x20' OPTION 1 Shanghai to Mumbai Mumbai to Hamburg Shanghai to Hamburg 19 Days 24 Days 30 Days OPTION 2 OPTION 3 Note: According to my analysis in terms of best shipping port India will be JNPT because it is the biggest port in India with respect to good infrastructure facilities and it also does more than 56% shipment among all ports located in India. And recently govt is also making 4th terminal for making easier to do more shipment.
  • 33. Institute of Technology & Science 33 Scope and Research of the potential of European/German made below product (groups) in the Indian Market, along with any additional Import regulations, if any :  Cosmetics and Toiletries  Wines and Beverages (Alcoholic and non Alcoholic)  Food items Scope and Potential of wines and Beverages in India  India is 11th biggest wine consuming country in Asia-Pacific.  While one in four bottles of wine consumed in India today is imported, by 2017 imports are set to increase from 0.28 million cases to 0.48 million cases  The 20% predicted growth illustrates a levelling out of spirits consumption in India, which grew by 74% between 2008 and 2012 fuelled by brandy and Scotch sales, which were up by 155% and 110% respectively over the four-year period  Spirits consumption is also set to shoot up by 20% over the next four years to 373.5 million cases.  Many factors are behind it as there is rise in the salary in the country, people are travelling to the West, local production is increasing and people are becoming sophisticated.  Consumption of red wine is expected to grow from accounting for 61% of total wine consumption in India to 71.6% in 2017  Indians are likely to drink 1.15 million cases of red wine, 0.63 million cases of white wine and 0.10 million cases of rosé by 2017.  Wine consumption in India will have increased to 2.1 million cases, up 73% from the 1.10 cases consumed in 2013.  Alcohol consumption in India is on rise.  In hotel industry the wine segment has shown impulsive growth.  In India the wine culture scope is high in business meeting, summits, conferences  The market for wine in India is expected to grow at around 20 % per annum  Carbonated and aerated drink segment is increasing in terms of non alcoholic beverages.  The per capita consumption of wine in India is still extremely low.  There is a growing consumer interest in wines with a number of wine clubs opening in cities like Delhi, Chandigarh, Hyderabad and Bangalore. Nearly 80% of the wine sales in India are accounted for by the major cities like New Delhi, Mumbai, Chennai, Kolkata, Pune and Bangalore.  West India accounts for over 41% of the total sales volume of wine in the country, followed by North India which accounts for 29% of the total sales volume.
  • 34. Institute of Technology & Science 34  Nearly 90% of wine sales are for still wines i.e. white & red wines. Sparkling wines target that select segment of affluent consumers.  India presents a huge growth potential for alcoholic beverages sales  India is the third largest market for alcoholic beverages in the world, and the domestic market is largely dominated by United Breweries, Mohan Meakins and Radico Khaitan. The demand for beer and spirits is estimated to be around 373 mn cases per year. There are 12 joint venture companies having a licensed capacity of 33,919 kilo- litres p.a. for production of grain based alcoholic beverages. Around 56 units are manufacturing beer under license from the Government of India.  The pub and bar culture in India is picking up, and is becoming more popular in the 20-45 age groups.  For beer, the Indian market is expected to grow by 13.2 % by 2016.  India is the fourth largest beer consumer in the Asia  Beer is currently targeted at the higher middle and middle income demographics in India.  It’s very difficult to predict the market growth for beer in India as there is always uncertainty on the taxation front. Growth in the beer market is very dependent on government policies in different states.  Beer volume sales are forecast to grow at a CAGR (Compound annual growth rate) of 10 % in the period 2012-2017.  Nearly 30 to 35 % of adult men and five per cent of women are regular consumers of alcohol in India.  In India, the alcoholic beverages sector grew at a compound annual growth rate (CAGR) of over 12 per cent during 2004-09 and was worth $21.7 billion in 2009. It might cross $39 billion by 2014.  Strong beer will grow at some 15 % while mild beer will decline by 3-4 %. Beer with high alcohol content hasn’t always had a great image in India, but that may be changing.  There is good opportunity in energy drink and juice segment in Indian market.  In terms of soft drinks in Indian market already many players has their potential so there will be less scope and opportunity in this sector for European/German made product.  There is great potential for beverages in coffee because in India the culture of tea is going down in context to coffee drinking consumers.  In India there is new law for consumer who is above and 25 are legalised to drink alcohol in any restraunts, discs, lounge, clubs, etc.  In Indian market there is wider scope of soft drinks because many teenagers are most attracted to this segment in India.  In beverages water selling has a less opportunity for foreign players because there are already great players of Indian companies in India.
  • 35. Institute of Technology & Science 35  Especially energy drink can be a quite good segment for foreign players to do good job in Indian market for example as Red bull and Monster are doing.  For example -Corking open a new 'super-premium' category in India's beer market, a German brand has launched its lager in Goa. 'Kaltenberg beer', owned by German firm Konig Ludwig International, will be manufactured by CMJ Breweries Private Ltd at their plant in Meghalaya, and will retail in Goa at 75 for a pint. Until now, the super-premium category only included imported beers, and holds a tiny market share of around 5 Lakh cases a year. There are two sets of taxes on wines in India: CUSTOMS DUTIES – WINE Effective 1st July 2008 Customs Duties are currently the same on both Bottled In Origin (BIO) wines and wine imported in bulk (defined as any packing of 2.0 litres or more per container): Duties are expressed as % of the CIF (Cost Insurance & Freight) rate, converted at the customs-notified rate of exchange Rate Assessment Fee 1% Basic Customs Duty 150% Last Point Tax 4%; On the cumulative amount - theoretically reimbursable Total duties 160.6%
  • 36. Institute of Technology & Science 36 Wine Imports  All alcoholic beverages, including wines, may be imported into India under an Open General Licence (OGL) - meaning that no licence is really required to import wines into India.  An importer would need to be a company registered in India with an Import Export Code (IEC) issued by the Director General of Foreign Trade, Ministry of Commerce - not difficult to get.  Wines so imported can be stored in a Customs Bonded Warehouse (CBW) for up to 3 months without having to pay customs duty - best to tie-up with a C&F Agent beforehand to clear the goods and move them to the CBW of choice.  Imported wines may be sold either duty free (against a duty free licences held by a hotel or restaurant or embassy or duty free shops in airports) or duty paid (to licence trade), after paying the customs duty applicable and deboning the stocks. State wise Alcoholic beverages are a state subject in India, so each state has its own rules & regulations and duties & taxes on wine. In addition: 1. All brands (whether imported or produced in India) have to be registered with the Excise Department of each state. Formalities may include submitting a cost-card of prices proposed to be charged down to the MRP (Maximum Retail Price) and payment of registration fees ranging from Rs. 5, to Rs, 20,000 per label per year.000 Written permission ("Permits") need to be obtained from concerned excise authorities for movement of wines from winery/ CBW to the trade. Such permission is generally issued after payment of the state excise duties applicable; in case goods are being moved between two states, this would entail paying an Import Fee and an Export Pass Fee
  • 37. Institute of Technology & Science 37 Scope and Potential of Food items  Youth population (age group 15 – 25) doesn’t shy away from trying new food products.  More Nuclear families: usually working couple => less cooking time + expensive maids=need ready to eat / ready to cook food.  Rising incomes, middle class and rich families can afford processed food.  Emergence of Tier 1 and Tier 2 cities, shopping mall culture.  In India there will be potential for European made in healthy foods.  As in India organic food segment is growing so there is a chance for many foreign country made products in this segment.  There is huge scope of European made food items in urban sector.  As compare to 2010 to 2015 the food products from international country made in India has shown a growth and change.  The taste and preferences for food items from any international country made items in Indian market is totally different from living standard of the individuals.  But in Indian market there is good scope for international made cookies and snacks in premium category for premium and high pocket bearer in India.  There is a great demand of international made chocolates in India so there can be good scope and potential for European made items.  For European made food items in India there can be scope and potential in snacks because most of the young generations love to eat snacks.  There is no scope in rural segments for European food made products.  There can be good scope in European made bakery items like breads and pastries, etc.  In junk food items from European made in India have a great versatile scope, because in most metro cities the culture of junk food eaters is growing at a great pace.  In India there is a huge opportunity in food items from European in case of easy and fast to make or cook with less time.  If the quality of European made product food items is good then there is a great scope.  There is growth in Kids food items for European made in India.  There is also a specific growth for international or European made in diet made food item in India.  For example Nestle an international brand in Indian market has done a great earning and selling of its food product in India.
  • 38. Institute of Technology & Science 38 Rules and Regulations for Food items in India The import of food products into India is controlled by the Food Safety and Standards Authority of India (FSSAI). The FSSAI has published various regulations and notification, which have to be followed while importing food products. If the food products are not as per FSSAI regulations, the consignment will be rejected and will not be allowed into India. Therefore, Entrepreneurs and Businesses that import food products into India must be aware of the FSSAI procedures and regulations relating to food product import. In this article, we look at the FSSAI regulations that concern food import into India. Licenses and Registrations The following licenses and registration would be required for importing food products into India. It is important to obtain these licenses or registrations prior to sending any food consignment to India.  Private Limited Company or LLP (This is optional. However, recommended as it improves transferability of the business and limits personal liability).  VAT Registration Required for selling goods or products in India).  Importer Exporter Code from DGFT(Required for importing or exporting goods)  Product Approval from FSSAI (if the product proposed to be imported is non standardised i.e. it is not in conformity with the food standards prescribed under the FSS Act and regulations there under). Process for importing food products into India Customs Clearance Prior to the food consignment arriving in a air or sea port in India, the importing food business operator must prepare an Authority Letter in favour of a Customs Handling Agent (CHA) addressed to the FSSAI/ Authorised officer.
  • 39. Institute of Technology & Science 39 On arrival of consignment, the Customs Handling Agent based on the authorization letter would file an application for clearance of consignment with the Department of Customs based on the Bill of Entry. A Government Customs Agent would verify the consignment and clear the same after clearance of customs formalities and payment of customs duty. Applying for FSSAI Clearance On obtaining Customs Department clearance, the Customs Handling Agent must file an application in the Food Import Clearance System (FICS) of FSSAI to obtain the ‘No Objection Certificate’. The documents required to be uploaded in the FSSAI platform for FSSAI clearance are: 1. Importer Exporter Code issued by the DGFT; 2. FSSAI Food Business License; 3. Bill of Entry; 4. Examination Order generated by the EDI system of Customs, therein requiring NOC from the FSSAI. In addition to the above documents, the additional documents may also be required on a case to case basis: 1. Import Permit issued by Ministry of Agriculture, Government of India in case of primary agriculture produce/ horticultural produce; 2. Sanitary Import Permit issued by Department of Animal Husbandry, Government of India in case of livestock products; 3. Registration of import contracts for poppy seeds with Central Bureau of Narcotics, Gwalior; 4. Certificate of Origin issued by Authorised Person/ Agency at the place of manufacturing/ processing etc. of the food consignment. Certificate of Origin shall contain information on Country of Origin etc. if the consignor is from a different country; 5. Phyto-Sanitary Certificate issued by the Plant Quarantine Department of Exporting Country in case of primary agriculture/ horticulture produce with fumigation endorsement; 6. Certificate of Analysis with composition (Ingredients). In case of Wine & Whiskey – Test Certificate; 7. End-use declaration – The Food Importer has to clearly declare the end use of the imported food product; 8. Pumping Guarantee Certificate in case of edible oil imported in bulk;
  • 40. Institute of Technology & Science 40 9. List of transit country, if the food consignment is trans-shipped through more than one country; 10. Temperature Chart / Report / Graph, if the food consignment trans-shipped under the Cold Chain Technologies (CCT) from the port of origin to the point of import; 11. Stuffing list, Packing List; 12. Commercial invoice as mentioned in the Bill of Entry (BoE). 13. Bill of Lading as mentioned in the Bill of Entry (BoE) for sea consignment. 14. Air Way Bill as mentioned in the Bill of Entry (BoE) for air consignment. 15. In case of aseptic package, declaration by an undertaking from the manufacturer that the representative sealed sample is from the same batch of the consignment. 16. In the absence of representative sample for the aseptic package, the importer should furnish an Undertaking to the effect that they do not have any objection to break open the sealed aseptic container from the consignment and collect the sample for laboratory analysis and the Food Authority is not responsible for any kind of damage to the consignment due to such drawl of sample as it is necessary for the clearance of the consignment. Similarly, if the sample quantity is insufficient to draw the duplicate sample, the importer shall submit declaration that ―no claim shall be made for re- testing, if the primary test fails. 17. In case of re-import in addition to the documents listed above, submit the documents filed in the customs at the time of export as well as copy of the rejection certificate with reasons for such rejection(s) issued by the Officials of importing country before its re- export thereby leading to re import into India. 18. High Sea Sale Agreement. 19. Radio Activity Certificate, if irradiation is used. 20. Any other report(s) / document(s) / undertaking (s)/ Affidavit(s) as directed and as specified by the Authorised Officer or by the Food Authority from time to time Inspection and Sampling of the Consignment Once an application is made in the Food Import Clearance System with the above documents, an FSSAI Officer will verify the documents, request more information (if required only). If the application is accepted, the Imported will be requested to deposit fees for FSSAI clearance based on the number of samples. Also, the FSSAI Officer will fix a date and time for visual inspection of the consignment. During the visual inspection of the consignment, the following parameters will be verified:  Physical condition of the consignment for visible insects and fungal infestation;  Valid remaining shelf life of the product is more than the 60% of its original shelf life at the time of import clearance;
  • 41. Institute of Technology & Science 41  Compliance of the FSS (Packaging & Labelling) Regulations, 2011, and the product specific labelling requirements;  Rectification of labelling deficiencies, namely:  Name and address of the importer  FSSAI logo and license number  Veg / Non-Veg Symbol After the visual examination, the FSSAI Officer would draw two samples from the consignment for testing. One of the sealed and labelled Food Sample will be sent to a randomly selected laboratory made by the Food Import Clearance System. The second food sample would be stored in appropriate conditions for re-testing, if the need arises. The samples of imported Food sent by the Authorised Officer would be analyzed by the laboratory as per the parameters defined in the Food Safety and Standards Act and the Regulations. The lab is required to send its report within five days to the Authorised Officer with conclusive opinion about the product tested as conforming or non-conforming. Approval of Food Product into India If the authorised lab issues an opinion report confirming that the food consignment is in conformance with the FSSAI regulations, the FSSAI Officer would issue a No Objection Certificate (NOC)/ Non Conformance Certificate (NCC). The food product would then be cleared for import into India and released from the customs warehouse. Food Imports into India NOT requiring FSSAI Approval The following types of food product import into India do not require FSSAI Approval: 1. Export rejected or re-imported food meant for re-export; 2. Food articles or ingredients or additives which are being imported for manufacturing of 100% exports products. 3. Food imported by Diplomatic Missions. 4. Import of Food for Quality Assurance, Research and Development – This imported food cannot be released into the domestic market or used for test marketing or market research purposes. 5. Food imported for the purposes of exhibitions & tasting, subject to certain conditions. 6. Food received during any disaster/emergency situations. 7. Import of food for sports events, subject to certain conditions
  • 42. Institute of Technology & Science 42 Scope of Cosmetics and toiletries’ item in India  In India the cosmetics and toiletries items there is 15-20% growth annually.  In India German based company Neiva has done great business in cosmetic segment and also been best men cream ever.  As there are some challenges some challenges in India cosmetics products in terms of price and product quantity and quality.  As there is great scope luxury items in India for both high class and middle class people.  The standard of living in India has been changed as compare to previous year.  Annual CAGR growth of cosmetic products in India is 16-17%.  There is huge opportunity of foreign made product in India especially in Metro cities like Delhi, Kolkata, Bangalore, Mumbai, Pune, etc.  The toiletries and household cleansing market is expected to grow at a CAGR of 16.36% from FY’2014-FY’2019.  There are less scope foreign made cosmetics and toiletries item rural areas.  There is huge scope of foreign made cosmetics and toiletries items in urban areas.  As India has highest youth population so there is a chance for potential of foreign cosmetics products.  There is an opportunity in especially organic cosmetic products in India.  There is a less scope of foreign toiletries items because in India people do not use high good quality products .They are more reliable towards Indian made products.  There is huge potential for grooming products for both men and women in India. Depends upon the category group peoples in India.  In India premium cosmetics products has high growth and opportunity for foreign made products in India.  There is huge scope of skin care foreign made products in India.  There can be potential in soaps, hand wash, shampoo, conditioner, duos, perfume, body wash by foreign made products in India.  There is an opportunity of toiletries items in India in case when it is hygienic and also at reasonable rate. 1
  • 43. Institute of Technology & Science 43 Guidelines / Clarifications for cosmetics in India: 1. All cosmetic products that are imported for sale in India need to be registered with the licensing authority as defined under Rule 21 of Drugs & Cosmetics Rules, 1945. 2. An application for registration in Form-42, along with all requisite documents, shall be submitted to Drugs Controller General (I), CDSCO, FDA Bhavan, Kotla Road, New Delhi 110002. 3. Who can apply for Registration of Import of Cosmetics / who can be an importer? (i) The Manufacturer himself having registered office in India. (ii) The Authorised Agent of the Manufacturer (iii) The Subsidiary of the Manufacturer (iv)Any other importer 4. A "Brand" for the purpose of these rules will mean each category of cosmetic products as mentioned in Column 3 of the list enclosed at Annexure. 5. A "Brand" will include all variants of a product e.g. colour, shades, pack sizes, etc. 6. A "Brand" will not mean the trade name of any product of a manufacturer or the manufacturer himself / itself. 7. A "Manufacturer" means a person or entity in a Country other than India who owns the trade name of the brand of the cosmetic product for which registration has been applied for and who / which manufactures such product at his / its own manufacturing site or at a site owned by another manufacturer in the trade name of his / its brand. 8. An "Authorized Agent” means a person or entity in India authorized by the manufacturer. The authorized agent will be responsible for the business activities of the manufacturer in India including compliance to the provisions of the Act in all respects. 9. "Subsidiary “means an entity in India owned by the manufacturer. 10. "Any other importer “means any person or entity purporting to import cosmetic products other than the manufacturer, its authorised agent and its subsidiary. 11. An application for issue of a registration certificate will be accompanied by the specified fee along with the information and undertaking in Schedule D-III. 12. A single application may be made in Form 42 for any number of brands manufactured at one or more locations by a single manufacturer. 13. A single registration certificate in Form 43 may be issued to a particular applicant in respect of import of any number of brands manufactured at one or more locations by a single manufacturer.
  • 44. Institute of Technology & Science 44 14. Each application will be accompanied by a fee of USD 250 or its equivalent Indian rupees for each Brand viz. each category of cosmetics as mentioned in Column 3 of the list enclosed at Annexure. 15. If the applicant seeks to import the same brand belonging to different manufacturers, he needs to submit separate application for each manufacturer and has to pay separate fees therefore. 16. In any existing valid Registration Certificate, if the applicant wants to add any further brand or product of already registered category as mentioned in Column 3 of the Annexure for the same manufacturer, separate application will need to be submitted by the importer. But no fee will be charged. In such cases additional product permission will be endorsed to the already approved category in a given Registration Certificate. 17. Power of Attorney – The authorization by a manufacturer to his authorized agent in India will be documented by a Power of Attorney. The power of attorney shall be (a) Executed and authenticated either in India before First Class Magistrate, or in the country of origin of the manufacturer before such an equivalent authority. (b) Attested by the Indian Embassy of the said Country. (c) Apostle from Hague convention member countries is also acceptable. The original of the same will be furnished along with the application for Registration Certificate. While submitting the Power of Attorney, the following points should be kept in mind:- · It should be co-jointly signed and stamped by the manufacturer as well as the Authorised agent indicating the name & designation of the authorized signatories. · It should clearly list the names of all cosmetic products along with their trade names, Brand as per Column 2 of the Annexure and variants (e.g. colour, shades, pack sizes, etc). Further, the name of the cosmetics should correlate with those mentioned in the Form 42. · The names and addresses of the manufacturer as well as the Authorised agent stated in the Power of Attorney should correlate with the Form 42. · It should be valid for the period of said Registration Certificate. 18. In case of any change in product specification, ingredients, variant, etc after grant of Registration Certificate, the applicant will inform about those changes to the Licensing Authority by submitting revised Schedule D III at least 30 days before the date of import. 19. The label of imported cosmetics will bear the registration certificate number of the brand and name and address of the registration certificate holder. 20. Stickering of labels containing the registration certificate number of the brand and the name and address of the registration certificate holder may be allowed to be carried out after import at a suitable declared place approved by the Licensing Authority on an application made to the Licensing Authority. 21. The Label should also bear the name and address of the manufacturer and name of the country where the product has been manufactured. If the product has not been manufactured in a factory owned by the manufacturer, the name and address of the actual manufacturer or the name of the country where it has actually been manufactured as Made in (name of country) should be there on the label.
  • 45. Institute of Technology & Science 45 22. The following documents are required to be submitted for grant of registration certificate: a) Covering letter by the applicant b) Form 42 c) Treasury Chalan d) Power of Attorney v. Schedule D III e) Original or a copy of the Label. f) Free Sale Certificate (FSC)/Marketing Authorization letter/Manufacturing License, if any Product specification and testing protocol, List of countries where Market Authorization or import permission or registration was granted, Pack insert, if any xi. Soft copies of the information about the brands, products and manufacturer 23. The applicant will provide the translated English version of any document which is in any other foreign language from qualified translator. 24. In case where there is no provision for license to manufacture cosmetics in the country of origin, the importer will provide a declaration on an affidavit to that effect. 25. Cosmetic products which are imported into India as bulk for repackaging for 100% export to other countries will not require registration certificate. In such cases the importer has to obtain necessary permission from CDSCO HQ. Importer must give written undertaking that these products are not released for domestic sale. 26. For Import of cosmetics for R&D purposes like packaging trials, consumer studies, shelf life studies and transport studies, registration certificate is not required. In such cases the importer has to obtain necessary permission from CDSCO HQ. Importer must give written undertaking that these products are not released for domestic sale.
  • 46. Institute of Technology & Science 46 Recommendations  In India there is huge scope in fmcd sector for Mega sonic.  If Mega sonic is planning to do business in India then they should develop their research and development centre for their advantage.  By doing joint venture will be a good option for Mega sonic as a start up in India.  They can go for Special economic zone in India.  There is a scope of solar energy for German companies in India because India is rich in Renewable resources.  There is a strong scope for Automobile and IT sector for investment.  In ecommerce segment for Mega sonic there is an opportunity with Infibeam Ecommerce Company in India which Is doing a good business.  In India there many German companies doing great in automobile sector but there is no bicycle product by German companies in India which can have good opportunity in India.  Best shipping port in India is JNPT in all segments. So it will be good port for German companies to import in India.  There is a big opportunity for beer product in India.  There is a big opportunity in cosmetics product like perfumes, shampoos, herbal cream, etc.
  • 47. Institute of Technology & Science 47 References  http://www.awex.in/list-companies-b2b-meetings-november-2013  http://www.studydhaba.com/list-of-18-mous-signed-b  http://www.mumbaiport.gov.in/index2.asp?slid=35&sublinkid=480&langid=1  http://www.dqindia.com  http://www.maiervidorno.com/promising-sectors-manufacturing-india/  http://www.tradingeconomics.com/germany/imports  https://www.wto.org/english/thewto_e/countries_e/india_e.htm  http://www.business-standard.com/article/companies/pune-becomes-hot-spot-for- german-companies-111092700037_1.html.  https://www.indianembassy.de/  http://www.investindia.gov.in/advantage-india/  http://www.ibef.org/economy/global-opportunities.aspx  http://www.cdsco.nic.in/writereaddata/Guidelines%20on%20Registration%20of% 20Import%20of%20Cosmetics.pdfetween-india-and-germany-october-2015/  https://www.kpmg.com/IN/en/IssuesAndInsights/ArticlesPublications/Documents /KPMG-CII-Ease-of-doing-business-in-India.pdf