SCOMET Update: Amendment to Appendix 3 [List of SCOMET Items] to Schedule- 2 of ITC (HS) Classification of Export and Import Items, 2018
The Government of India maintains a list of SCOMET items i.e., dual-use items having the potential for both civil application as well as weapons of mass destruction. Currently, the said list organizes the SCOMET items under eight (8) categories. The export of these items is permitted only against export authorization unless the export of the concerned item is prohibited or permitted subject to fulfilling certain conditions.
On November 30, 2022, the Government of India vide notification no. 46/2015-20 issued an updated list of SCOMET items (Updated list of SCOMET items) i.e., Updated Appendix 3 [List of SCOMET Items] to Schedule-2 of ITC (HS) Classification of Export and Import Items, 2018. The relevant notification is available here.
Scope of Amendment
The Government of India through the above notification has expanded the scope of SCOMET items falling under the Category 6: Munitions List and Category 8: Special Materials and Related Equipment, Material Processing, Electronics, Computers, Telecommunications, Information Security, Sensors and Lasers, Navigation and Avionics, Marine, Aerospace and Propulsion. An indicative list of the same is provided below.
|Category||Sub-category||Name of the SCOMET item included post-amendment|
|Category 6||6A001||Gun mountings i.e., Accessories designed for arms specified by 6A001.a 6A001.b, or 6A001.c|
|Category 6||6A013||Helmets and specially designed components and accessories thereof, as follows:
1. Helmets manufactured according to military standards or specifications, or comparable national standards.
2. Shells, liners, or comfort pads, specially designed for helmets specified in 6A013.c.1.
3. Add-on ballistic protection elements, specially designed for helmets specified in 6A013.c.1.
|Category 8||8C106||Lubricating materials containing, as their principal ingredients, phenylene or alkylphenylene ethers or thioethers, or their mixtures, containing more than two ether or thio-ether functions or mixtures thereof.|
|Category 8||ANNEX-A (Refer 8A108)
LIST – “EXPLOSIVES”
|EDNA (Ethylenedinitramine) (CAS 505-71-5) and
TKX-50 (Dihydroxylammonium 5,5′-bistetrazole-1,1′-diolate).
|Category 8||8A301 b.||“Frequency synthesiser’ “electronic assemblies” having a “frequency switching time” less than 100 µs for any frequency change exceeding 5.0 GHz within the synthesised frequency range exceeding 75 GHz but not exceeding 90 GHz.|
|Category 8||8A301 e.||High energy devices as follows: ‘Cells’ as follows: a. ‘Primary cells’ having any of the following at 20°C: 1. ‘Energy density’ exceeding 550 Wh/kg and a ‘continuous power density’ exceeding 50 W/kg; or
2. ‘Energy density’ exceeding 50 Wh/kg and a ‘continuous power density’ exceeding 350 W/kg; b. ‘Secondary cells’ having an ‘energy density’ exceeding 350Wh/kg at 20°C.
|Category 8||8A302 d.||Signal generators having less than 100 µs for any frequency change exceeding 5.0 GHz within the frequency range exceeding 75 GHz but not exceeding 90 GHz.|
|Category 8||8A302 d.||An ‘RF modulation bandwidth’ of digital baseband signals as specified by exceeding 5.0 GHz within the frequency range exceeding 75 GHz but not exceeding 90 GHz.|
|Category 8||8C301||Hetero-epitaxial materials consisting of a “substrate” having stacked epitaxially grown multiple layers of Gallium Oxide (Ga2O3) or Diamond.|
|Category 8||8C305||High resistivity materials including gallium oxide (Ga2O3) or diamond|
|Category 8||8C306||Materials, not specified by 8C301, consisting of a “substrate” specified by 8C305 with at least one epitaxial layer of gallium oxide (Ga2O3) or diamond (among others).|
|Category 8||8D306||‘Electronic Computer-Aided Design’ (‘ECAD’) “software” specially designed for the “development” of integrated circuits having any “Gate-All-Around Field-Effect Transistor” (“GAAFET”) structure, and having any of the following: a. Specially designed for implementing ‘Register Transfer Level’ (‘RTL’) to ‘Geometrical Database Standard II’ (‘GDSII’) or equivalent standard; or b. Specially designed for optimisation of power or timing rules. Technical Notes
1. ‘Electronic Computer-Aided Design’ (‘ECAD’) is a category of “software” tools used for designing, analysing, optimising, and validating the performance of integrated circuit or printed circuit board. 2. ‘Register Transfer Level’ (‘RTL’) is a design abstraction which models a synchronous digital circuit in terms of the flow of digital signals between hardware registers, and the logical operations performed on those signals. 3. ‘Geometrical Database Standard II’ (‘GDSII’) is a database file format for data exchange of integrated circuit or integrated circuit layout artwork.
|Category 8||8E303||Other “technology” for the “development” or “production” of substrates of diamond for electronic components; and substrates of gallium oxide for electronic components.|
|Category 8||8A605 d||“Chemical lasers” as follows:
a. Hydrogen Fluoride (HF) “lasers”; b. Deuterium Fluoride (DF) “lasers”.
|Category 8||8D603 h.||Air Traffic Control (ATC) “software” designed to be hosted on general purpose computers located at Air Traffic Control centres and capable of accepting radar target data from more than four primary radars.|
|Category 8||8A904 g.||“Aircraft” specially designed or modified to be air-launch platforms for “suborbital craft”.|
|Category 8||8B901||Manufacturing equipment, tooling or fixtures as follows: Directional-solidification or single-crystal additive-manufacturing equipment designed for “superalloys”.|
|Category 8||8E903||“Technology” “required” for the “development” or “production” of any of the following gas turbine engine components or systems: Combustors having Utilising ‘pressure gain combustion’.|
|Category 8||8E903 a.||Aerofoil-to-disk blade combinations using solid state joining.|
In addition to the above, certain clarificatory amendments have also been made to the list of SCOMET items.
For further details on the changes made vide the aforementioned notification, please see the Updated list of SCOMET items, which is available here.
|To provide transition time to the relevant businesses, the changes made to the list of SCOMET items under the aforementioned notification are effective from 30 December 2022 i.e., 30 days after the issuance of the notification dated 30 November 2022. To obtain export authorization to export the SCOMET items under the Updated list of SCOMET items from 30 December 2022, the exporters would need to submit an application in the prescribed format to the Directorate General of Foreign Trade (DGFT). The procedure to file the said application is laid down under the Foreign Trade Procedure, which is available here.|
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