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PART - I
Chapters Commodities
1/9
Chapters Commodities
Chapter Dairy produce; birds' eggs; natural honey; edible products of animal
4 origin, not elsewhere specified or included
Chapter Live trees and other plants; bulbs, roots and the like; cut flowers and
6 ornamental foliage
Chapter Cereals
10
Chapter Products of the milling industry; malt; starches; inulin; wheat gluten.
11
Chapter Oil seeds and oleaginous fruits; miscellaneous grains, seeds and
12 fruit; industrial or medicinal plants; straw and fodder.
Chapter Lac; gums, resins and other vegetable saps and extracts.
13
Chapter Animal or vegetable fats and oil and their cleavage products;
15 prepared edible fats; animal or vegetable waxes
2/9
Chapters Commodities
Chapter Residues and waste from the food industries; prepared animal
23 fodder
Chapter Salt; sulphur, earths and stones; plastering materials, lime and
25 cement
Chapter Fertilisers
31
3/9
Chapters Commodities
SECTION VIII. RAW HIDES AND SKINS, LEATHER, FURSKINS & ARTICLES
THEREOF; SADDLERY AND HARNESS; TRAVEL GOODS, HANDBAGS
AND SIMILAR CONTAINERS; ARTICLES OF ANIMAL GUT (OTHER THAN
SILK-WORM GUT)
Chapter Raw hides and skins (other than furskins) and leather
41
4/9
Chapters Commodities
Chapter Silk
50
Chapter Wool, fine or coarse animal hair; horse hair yarn and woven fabric
51
Chapter Cotton
52
Chapter Other vegetable textile fibres; paper yarn and woven fabrics of paper
53 yarn
Chapter Wadding, felt and nonwovens; special yarns; twine, cordage, ropes
56 and cables and articles thereof
5/9
Chapters Commodities
Chapter Other made up textile articles; sets; worn clothing and worn textile
63 articles; rags
6/9
Chapters Commodities
Chapter Tools, implements, cutlery, spoons and forks, of base metal; parts
82 thereof of base metal
7/9
Chapters Commodities
Chapter Vehicles other than railway or tramway rolling-stock, and parts and
87 accessories thereof
8/9
Chapters Commodities
Chapter Toys, games and sports requisites; parts and accessories thereof
95
PART - III
Appendix A and B
Appendix A - Year-wise index to Notifications in force as on 31.03.2020 and
Appendix B - List of Notifications Rescinded/Superseded during the period from
26.7.2004 TO 31.03.2020
9/9
For Departmental Use Only
CUSTOMS TARIFF
(AS ON 31.03.2020)
DISCLAIMER
All care has been taken to ensure accuracy in this compilation. However, if any
discrepancy is noticed, the same may please be brought to notice at
e-mail: dgtspublication@gmail.com.
For authentic version, please refer to the povisions of the relevent Finance
Acts and notifications published in the Gazette of India (Extraordinary).
2. The rates at which duties of customs shall be levied under Duties specified
the Customs Act, 1962, are specified in the First and Second in the Schedules
Schedules,4 to be levied.
5
3. (1) Any article which is imported into India shall, in addition, Levy of additi-
be liable to a duty (hereafter in this section referred to as the additional onal duty equal
duty) equal to the excise duty for the time being leviable on a like to excise duty,
article if produced or manufactured in India and if such excise duty on sales tax, local
a like article is leviable at any percentage of its value, the additional taxes and other
duty to which the imported article shall be so liable shall be calculated charges
at that percentage of the value of the imported article:
Provided that in case of any alcoholic liquor for human
consumption imported into India, the Central Government may, by
notification in the Official Gazette, specify the rate of additional duty
having regard to the excise duty for the time being leviable on a like
alcoholic liquor produced or manufactured in different States or, if a
like alcoholic liquor is not produced or manufactured in any State,
then, having regard to the excise duty which would be leviable for the
time being in different States on the class or description of alcoholic
liquor to which such imported alcoholic liquor belongs.
Note: 1. As amended by the Customs Tariff (Amendment) Act, 1978 (26 of 1978), the Customs Tariff (Amendment) Act, 1982 and
the Customs Tariff (Amendment) Act, 1985 (8 of 1986)
2. This Act of Parliament came into force on 2nd August, 1976 Vide Notfn. No. 398/76-Cus., dt. 31.7.1976.
3. The Customs Tariff (Amendment) Act came into force from 1st September, 1978 Vide Notfn. No. 169/78-Cus., dt. 28.8.1978.
4. First Schedule to the Act was substituted by the Customs Tariff (Amendment) Act, 1985 (8 of 1986) and further amended
from time to time by subsequent amendment Acts; the substituted schedule came in force on 8.2.1986.
5. Substituted (w.e.f. 1.3.2005) by Sec.72 of the Finance Act, 2005(18 of 2005).
2
*[3A. Omitted]
4. (1) Where in respect of any article a preferential rate of Levy of duty
revenue duty is specified in the First Schedule, or is admissible by virtue where standard
of a notification under section 25 of the Customs Act, 1962, the duty rate and prefe-
to be levied and collected shall be at the standard rate, unless the rential rate are
owner of the article claims at the time of importation that it is specified.
chargeable with a preferential rate of duty, being the produce or
______________________________________________________________________________________________________
*Omitted (w.e.f. 13.5.2005) by s.73 of the Finance Act, 2005 (18 of 2005).
6
(2) Every duty imposed on any goods under sub-section (1) shall,
for the purposes of this Act, be deemed to have been specified in the
First Schedule as the duty leviable in respect of such goods.
7. (1) When the duty specified in respect of any article in the Duration of
First Schedule is characterised as protective in column (5) of that protective duties
Schedule, that duty shall have effect only up to and inclusive of the and power of
date, if any, specified in that Schedule. Central Govern-
ment to alter
them.
(2) Where in respect of any such article, the Central Government
is satisfied after such inquiry as it thinks necessary that such duty has
become ineffective or excessive for the purpose of securing the
protection intended to be afforded by it to a similar article
manufactured in India and that circumstances exist which render it
necessary to take immediate action, it may, by notification in the Official
8
8B.(1) If the Central Government, after conducting such enquiry Power of Central
as it deems fit, is satisfied that any article is imported into India in such Govt. to impose
increased quantities and under such conditions so as to cause or safeguard duty.
threatening to cause serious injury to domestic industry, then, it may, by
notification in the Official Gazette, impose a safeguard duty on that
article:
* Substituted (w.e.f. 13.7.2006) by s. 34 of the Taxation Laws, (Amendment) Act, 2006 (29 of 2006)
10
(ii) the article imported is either cleared as such into the domestic
tariff area or used in the manufacture of any goods that are cleared into
the domestic tariff area and in such cases safeguard duty shall be levied
on that portion of the article so cleared or so used as was leviable when
it was imported into India.;
(4) The duty imposed under this section shall, unless revoked
earlier, cease to have effect on the expiry of four years from the date
11
of such imposition:
(4A) The provisions of the Customs Act, 1962 and the rules and
regulations made thereunder,including those relating to the date for
determination of rate of duty, assessment, non-levy, shortlevy, refunds,
interest, appeals, offences and penalties shall, as far as may be, apply
to the dutychargeable under this section as they apply in relation to
duties leviable under that Act.
_________________________________________________________________________________________________________
*Inserted (w.e.f.14.5.1997) by s. 95 of the Finance (No.2) Act, 2009 (33 of 2009).
13
*(7A) The provisions of the Customs Act, 1962 and the rules and
regulations made thereunder, including those relating to the date for
determination of rate of duty, assessment, non-levy, short levy, refunds,
interest, appeals, offences and penalties shall, as far as may be, apply Validation of
to the duty chargeable under this section as they apply in relation to certain actions
duties leviable under that Act. taken under
section 8C of
(8) Every notification issued under this section shall, as soon as Act 51 of 1975.
may be after it is issued, be laid before each House of Parliament.
(a) any action taken or anything done or omitted to be done, during the
said period in respect of any goods, under any such rule, regulation,
notification or order, shall be deemed to be and shall be deemed always
to have been, as validly taken or done or omitted to be done as if the
amendment made by the said section had been in force at all material
times;
the importer was, or should have been, aware that the exporter
practices dumping and that such dumping would cause injury; and
*(8) The provisions of the Customs Act, 1962 and the rules and
regulations made thereunder, including those relating to the date for
determination of rate of duty, assessment, non-levy, short levy, refunds,
interest, appeals, offences and penalties shall, as far as may be, apply
to the duty chargeable under this section as they apply in relation to
duties leviable under that Act.
_____________________________________________________________________________________
*Substituted on and from the Ist day of January, 1995.
**Inserted (w.e.f. 19.8.2009) s.101 of the Finance (No. 2) Act, 2009 (33 of 2009)
22
____________________________________________________________________________
* Inserted by s.89 of the Finance Act, 2000 (10 of 2000).
23
(i) provide for the manner in which and the time within which the
importer may make application for the purposes of sub-section (1);
(ii) authorise theofficer of the Central Government who shall
dispose of such application on behalf of the Central Government within
the time specified in such rules; and
(iii) provide the manner in which the excess duty referred to in
sub-section (1) shall be -
(A) determined by the officer referred to in clause (ii); and
(B) refunded by the Deputy Commissioner of Customs or No levy under
Assistant Commissioner of Customs, as the case may be, after such section 9 or sec-
determination; tion 9A in cer-
tain cases.
(ii) any anti-dumping duty under section 9A, at any time, upon
receipt of satisfactory voluntary under taking from any exporter to
revise its prices or to cease exports to the area in question at dumped
price and if the Central Government is satisfied that the injurious effect
of dumping is eliminated by such action.
3. All goods covered under S. Nos. 216, 216A, 561, 562, 564,
565, 566, 567, 568, 570, 571, 573, 574, 578, 578A, 580 and
581 of the Table annexed to the Notification No. 50/2017-
Customs, dated the 30th June, 2017, published in the
Gazette of India, Extraordinary, Part II, Section 3, Sub-
section (i) vide number G.S.R. 785(E), dated the 30th June,
2017.
1. The titles of Sections, Chapters and sub-chapters are provided for ease of reference only; for legal
purposes, classification shall be determined according to the terms of the headings and any relative Section
or Chapter Notes and, provided such headings or Notes do not otherwise require, according to the following
provisions:
2. (a) Any reference in a heading to an article shall be taken to include a reference to that article
incomplete or unfinished, provided that, as presented, the incomplete or unfinished articles has the essential
character of the complete or finished article. It shall also be taken to include a reference to that article
complete or finished (or falling to be classified as complete or finished by virtue of this rule), presented
unassembled or disassembled.
(b) Any reference in a heading to a material or substance shall be taken to include a reference
to mixtures or combinations of that material or substance with other materials or substances. Any reference
to goods of a given material or substance shall be taken to include a reference to goods consisting wholly or
partly of such material or substance. The classification of goods consisting of more than one material
or substance shall be according to the principles of rule 3.
3. When by application of rule 2(b) or for any other reason, goods are, prima facie, classifiable under
two or more headings, classification shall be effected as follows:
(a) The heading which provides the most specific description shall be preferred to headings
providing a more general description. However, when two or more headings each refer to part only of
the materials or substances contained in mixed or composite goods or to part only of the items in a set put up
for retail sale, those headings are to be regarded as equally specific in relation to those goods, even if one
29
(c) When goods cannot be classified by reference to (a) or (b), they shall be classified under the
heading which occurs last in numerical order among those which equally merit consideration.
4. Goods which cannot be classified in accordance with the above rules shall be classified under the
heading appropriate to the goods to which they are most akin.
5. In addition to the foregoing provisions, the following rules shall apply in respect of the goods referred
to therein:
(a) Camera cases, musical instrument cases, gun cases, drawing instrument cases, necklace
cases and similar containers, specially shaped or fitted to contain a specific article or set of articles, suitable
for long-term use and presented with the articles for which they are intended, shall be classified with such
articles when of a kind normally sold therewith. This rule does not, however, apply to containers which give
the whole its essential character;
(b) Subject to the provisions of (a) above, packing materials and packing containers presented
with the goods therein shall be classified with the goods if they are of a kind normally used for packing such
goods. However, this provisions does not apply when such packing materials or packing containers are clearly
suitable for repetitive use.
6. For legal purposes, the classification of goods in the sub-headings of a heading shall be determined
according to the terms of those sub headings and any related sub headings Notes and, mutatis mutandis,
to the above rules, on the understanding that only sub headings at the same level are comparable. For the
purposes of this rule the relative Section and Chapter Notes also apply, unless the context otherwise requires.
1. Where in column (2) of this Schedule, the description of an article or group of articles under
a heading is preceded by “-”, the said article or group of articles shall be taken to be a sub-classification of
the article or group of articles covered by the said heading. Where, however, the description of an article or
group of articles is preceded by “- -”, the said article or group of articles shall be taken to be a sub-classification
of the immediately preceding description of the article or group of articles which has “-”. where the
description of an article or group of articles is proceded by "---" or "----", the said article or group of articles
shall be taken to be a sub-classification of the immediately preceding description of the article or group of
articles which has "-" or "--".
30
Abbreviations For
2. The abbreviation “%” in any column of this Schedule in relation to the rate of duty indicates
that duty on the goods to which the entry relates shall be charged on the basis of the value of the goods
as defined in section 14 of the Customs Act, 1962 (52 of 1962), the duty being equal to such percentage of
the value as is indicated in that column.
3. In any entry, if no rate of duty is shown in column (5), the rate shown under column (4) shall be
applicable.
ADDITIONAL NOTES
In this Schedule,—
(1) (a) “heading”, in respect of goods, means a description in list of tariff provisions accompanied
by a four-digit number and includes all sub-headings of tariff items the first four-digits of which
correspond to that number;
(b) “sub-heading”, in respect of goods, means a description in the list of tariff provisions
accompanied by a six-digit number and includes all tariff items the first six-digits of which correspond
to that number;
(c) “tariff item” means a description of goods in the list of tariff provisions accompanying eight-
digit number and the rate of customs duty;
(2) the list of tariff provisions is divided into Sections, Chapters and Sub-Chapters;
(3) in column (3), the standard unit of quantity is specified for each tariff item to facilitate the
collection, comparison and analysis of trade statistics.
————
LIST OF ABBREVIATIONS USED
Abbreviations For
Amps Ampere(s)
Bq/g Beequeral per gram
cc Cubic centimetre
cg Centigram(s)
Ci/g Curie per gram
C.I.F. Cost, Insurance
and Freight
c/k Carats (1 metric carat = 2 x 10-4 kg)
cm Centimetre(s)
cm 3 Cubic centimetre(s)
dyne/Cm Dyne per centimetre
31
g Gram(s)
3
g/cm Gram per cubic centimetre
gi F/S Gram of fissile isotopes
g/m2 Gram per square metre
g.v.w. Gross vehicle weight
HP Horse Power
K cal/Kg Kilocalorie per Kilogram
kg. Kilogram(s)
kPa Kilo Pascal
2
kPa. m /g Kilo Pascal square metre per gram
kN/m Kilo Newton/Metre
kVA Kilovolt Ampere(s)
kvar Kilovolt ampere reactive (s)
kW Kilo Watt
l Litre(s)
m Metre(s)
m2 Square metre(s)
m3 Cubic metre(s)
mm Millimetre(s)
mN Milli Newton
MPa Milli pascal
mt Metric tonne
MW Mega Watt
N/m Newton per metre
pa Number of pairs
Rs. Rupees
sq. Square
SWG Standard Wire Gauge
t Tonne(s)
Tu Thousand in number
u Number
US$ US Dollar
V Volt(s)
Vol. Volume
W Watt
1000 kWh 1000 kilowatt hours
32
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962
(52 of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do,
hereby makes the following amendments in all the notifications issued under the said sub-section and
for the time being in force on the date of the commencement of the Customs Tariff (Amendment)
Ordinance, 2003 (1 of 2003), namely:-
In each of the said notifications, for any reference to the Chapter, heading or sub-heading of
the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), as the case may be, relating to any
goods or class of goods, wherever occurring in the said notification, the corresponding reference to the
Chapter, heading or sub-heading, of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) as
amended by the Customs Tariff (Amendment) Ordinance, 2003 (1 of 2003) shall be deemed to have
been substituted.
(2) This notification shall come into force on the date of the commencement of the Customs
Tariff (Amendment) Ordinance, 2003 (1 of 2003).
Exemption from Additional Duty in excess of excise duty leviable on like goods
[Notfn. No. 89/82-Cus. dt. 25.3.1982 as amended by Notfn. No. 130/90].
The Central Government exempts all the goods covered by the First Schedule to the Customs Tariff
Act, 1975 (51 of 1975), when imported into India from so much of the additional duty leviable thereon under
section 3 of the said Act, as is in excess of the duty of excise for the time being leviable on like goods produced
or manufactured in any place outside a free trade zone in India or hundred per cent export-oriented
undertaking.
Explanation:- For the purpose of this notification, “free trade zone” and “hundred per cent export-oriented
undertaking” have the same meaning as in Explanation 2 to sub-section (1) of section 3 of the Central Excises
and Salt Act, 1944 (1 of 1944).
In exercise of the powers conferred by section 3A of the Customs Tariff Act, 1975 (51 of
1975), the Central Government, hereby makes the following amendments in all the notifications issued
under the said section and for the time being in force on the date of commencement of the Customs
Tariff (Amendment) Ordinance, 2003 (1 of 2003), except as respects things done or omitted to be done
before such amendments, namely:-
In each of the said notifications, for any reference to the Chapter, heading or sub-heading of
33
the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), as the case may be, relating to any
goods or class of goods, wherever occurring in the said notification, the corresponding reference to the
Chapter, heading and sub-heading of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) as
amended by the Customs Tariff (Amendment) Ordinance, 2003 (1 of 2003) shall be deemed to have
been substituted.
(2) This notification shall come into force on the date of the commencement of the Customs
Tariff (Amendment) Ordinance, 2003 (1 of 2003).
In each of the said notifications, for any reference to the Chapter, heading or sub-heading of
the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), as the case may be, relating to any
goods or class of goods, wherever occurring in the said notification, the corresponding reference to the
Chapter, heading and sub-heading of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) as
amended by the Customs Tariff (Amendment) Ordinance, 2003 (1 of 2003) shall be deemed to have
been substituted.
(2) This notification shall come into force on the date of the commencement of the Customs
Tariff (Amendment) Ordinance, 2003 (1 of 2003).
In exercise of the powers conferred by section 9A of the Customs Tariff Act, 1975 (51 of
1975), the Central Government, hereby makes the following amendments in all the notifications issued
under the said section and for the time being in force on the date of the commencement of the Customs
Tariff (Amendment) Ordinance, 2003 (1 of 2003), except as respects things done or omitted to be done
before such amendments, namely:-
In each of the said notifications, for any reference to the Chapter, heading or sub-heading of
the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), as the case may be, relating to any
goods or class of goods, wherever occurring in the said notification, the corresponding reference to the
Chapter, heading and sub-heading of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) as
amended by the Customs Tariff (Amendment) Ordinance, 2003 (1 of 2003) shall be deemed to have
been substituted.
34
(2) This notification shall come into force on the date of the commencement of the Customs
Tariff (Amendment) Ordinance, 2003 (1 of 2003).
In exercise of the powers conferred by section 156 of the Customs Act, 1962 (52 of 1962), the Central
Government hereby makes the following rules, namely:-
(2) The National Calamity Duty of Customs chargeable on the goods specified in the Seventh Schedule
to the Finance Act, 2001 (14 of 2001) as amended by the Thirteenth Schedule shall be in addition to any other
duties of customs chargeable on such goods under the Customs Act or any other law for the time being in force.
(3) For the purposes of calculating the National Calamity Duty of Customs under this section on any goods
specified in the Seventh Schedule to the Finance Act, 2001 (14 of 2001) as amended by the Thirteenth Schedule,
where such duty is leviable at any percentage of its value, the value of such goods shall be calculated in the
same manner as the value of article for the purposes of additional duty is calculated under the provisions of
sub-section (2) of section 3 of the Customs Tariff Act.
(4) The provisions of the Customs Act and the rules and regulations made thereunder, including those
relating to refunds and exemptions from duties and imposition of penalty, shall, as far as may be, apply in relation
to the levy and collection of the National Calamity Duty of Customs leviable under this section in respect of
the goods specified in the Seventh Schedule to the Finance Act, 2001 (14 of 2001) as amended by the Thirteenth
Schedule, as they apply in relation to the levy and collection of the duties of customs on such goods under that
Act, or those rules and regulations, as the case may be.
35
Explanation - For the removal of doubts, it is hereby declared that for the purposes of this section, on the expiry
of the period of operation of the amendments made in the Seventh Schedule to the Finance Act, 2001 (14 of
2001)in terms of section 169, the said Seventh Schedule but for such amendment shall continue to operate as
if the said amendment had not taken place.
1. In this Schedule, "heading", "sub-heading" and "Chapter" means respectively a heading, sub-heading
and Chapter in the First Schedule to the Central Excise Tariff Act.
2. The rules for the interpretation of the First Schedule to the Central Excise Tariff act, the Section and
Chapter Notes and the General Explanatory Notes of the First Schedule shall apply to the interpretation of this
Schedule.
24.03 2403.11 -- Other than filter cigarettes, of length not exceeding Rs.20 per thousand
60 millimetres
2403.12 -- Other than filter cigarettes, of length exceeding Rs.60 per thousand
60 millimetres but not exceeding 70 millimetres
2403.13 -- Filter cigarettes of length (including the length of Rs. 90 per thousand
the Filter, the length of filter being 11 millimetres or its
actual length, whichever is more) not exceeding 70
millimetres
2403.14 -- Filter cigarettes of length (including the length of Rs. 145 per thousand
the Filter, the length of filter being 11 millimetres or
its actual length, whichever is more) exceeding
70 millimetres but not exceeding 75 millimetres
2403.15 -- Filter cigarettes of length (including the length of Rs.190 per thousand
the Filter, the length of filter being 11 millimetres or
its actual length, whichever is more) exceeding
75 millimetres but not exceeding 85 millimetres
5402.32 -- Of polyesters 1%
5402.52 -- Of polyesters 1%
5402.62 -- Of polyesters 1%
Exemption to all goods falling under sub-heading 8517 12 of the Customs Tariff Act:
[Notifn. No. 26/08-Cus., dt.1.3.2008]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962
(52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to
do, hereby exempts all goods falling under sub-heading 8517 12 of the Customs Tariff Act, 1975 (51 of
1975), as specified in column (2) of the Table in the Seventh Schedule to the Finance Act, 2001 (14 of
2001), as amended from time to time, when imported into India, from the whole of the National Calamity
Contingent duty of Customs leviable thereon under section 134 of the Finance Act, 2003 (32 of 2003).
4. EDUCATION CESS
Section 91:
(1) Without prejudice to the provisions of sub-section (11) of section 2, there shall be levied and
collected, in accordance with the provisions of this Chapter as surcharge for purposes of the Union, a
cess to be called the Education Cess, to fulfil the commitment of the Government to provide and
finance universalised quality basic education.
(2) The Central Government may, after due appropriation made by Parliament by law in this
behalf, utilise, such sums of the money of the Education Cess levied under sub-section (11) of section
2 and this Chapter for the purposes specified in sub-section (1), as if may consider necessary.
Section 92:
The words and expressions used in this Chapter and defined in the Central Excise Act, 1944,
the Customs Act, 1962 or Chapter V of the Finance Act, 1994, shall have the meanings respectively
assigned to them in those Acts or Chapter, as the case may be.
38
Section 94:
(1) The Education Cess levied under section 91, in the case of goods specified in the First
Schedule to the Customs Tariff Act, 1975, being goods imported into India, shall be a duty of customs
(in this section referred to as the Education Cess on imported goods), at the rate of two per cent,
calculated on the aggregate of duties of customs which are levied and collected by the Central
Government in the Ministry of Finance (Department of Revenue), under section 12 of the Customs
Act, 1962 and any sum chargeable on such goods under any other law for the time being in force, as an
addition to, and in the same manner as, a duty of customs, but not including -
(a) the safeguard duty referred to in sections 8B and 8C of the Customs Tariff Act, 1975;
(b) the countervailing duty referred to in section 9 of the Customs Tariff Act, 1975;
(c) the anti-dumping duty referred to in section 9A of the Customs Tariff Act, 1975; and
(d) the Education Cess on imported goods.
(2) The Education Cess on imported goods shall be in addition to any other duties of customs
chargeable on such goods, under the Customs Act, 1962 or any other law for the time being in force.
(3) The provisions of the Customs Act, 1962 and the rules and regulations made thereunder,
including those relating to refunds and exemptions from duties and imposition of penalty shall, as far as
may be, apply in relation to the levy and collection of the Education Cess on imported goods as they
apply in relation to the levy and collection of the duties of customs on such goods under the Customs
Act, 1962 or the rules or the regulations, as the case may be.
[Note :- For exemption from Education Cess on specified goods, please see - General Exemption No.
128]
In exercise of the powers conferred by sub-sections (1) of section 25 of the Customs Act, 1962 (52
of 1962), read with sections 91 and 94 of the Finance (No. 2), Act, 2004 (23 of 2004), the Central Govern-
ment being satisfied that it is necessary in the public interest so to do, hereby exempts all the goods falling
within the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), when imported into India, from whole
of Education Cess which is leviable thereon under sub-sections (7) and (9) of section 3 of the Customs tariff
Act,1975, read with sections 91, 93 and 94 of the said Finance Act.
2. This notification shall come into force with effect from the 1st day of July, 2017.
6. Exemption to specified goods from whole of Secondary and Higher Education Cess.
[Notifn. No. 55/17-Cus., dt.30.6.2017 ]
In exercise of the powers conferred by sub-sections (1) of section 25 of the Customs Act, 1962 (52
of 1962), read with sections 136 and 139 of the Finance Act, 2007 (22 of 2007), the Central Government
being satisfied that it is necessary in the public interest so to do, hereby exempts all the goods falling within the
First Schedule to the Customs Tariff Act, 1975 (51 of 1975), when imported into India, from whole of
39
Secondary and Higher Education Cess which is leviable thereon under sub-sections (7) and (9) of section 3
of the Customs tariff Act,1975, read with sections 136, 138 and 139 of the said Finance Act.
2. This notification shall come into force with effect from the 1st day of July, 2017.
In exercise of the powers conferred by section 133 of the Finance Act, 2003 (32 of 2003), the
Central Government, on being satisfied that it is necessary in the public interest so to do, hereby
appoints the 1st day of March, 2006, as the date on which the provisions contained in the said section
of the aforesaid Act shall come into force.
9. Economic Zone (Integrated Goods and Services Tax) Act, 2017 (13 of 2017):
[Notfn. No. 64/17-Cus., dt. 5.7.2017]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962
(52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to
do, hereby exempts all goods imported by a unit or a developer in the Special Economic Zone for
authorised operations, from the whole of the integrated tax leviable thereon under sub-section (7) of
section 3 of the Customs Tariff Act, 1975 (51 of 1975) read with section 5 of the Integrated Goods and
Service Tax Act, 2017 (13 of 2017).
SECTION-I 40 CHAPTER-1
CHAPTER 2
Meat and edible meat offal
NOTE :
This Chapter does not cover :
(a) products of the kinds described in headings 0201 to 0208 or 0210, unfit or unsuitable for
human consumption;
(b) guts, bladders or stomachs of animals (heading 0504) or animal blood
(heading 0511 or 3002); or
(c) animal fat, other than products of heading 0209 (Chapter 15).
SUPPLEMENTARY NOTE :
In this Chapter, “wild animal” means wild animal as defined in the Wild Life (Protection) Act, 1972
(53 of 1972).
CHAPTER 3
Fish and crustaceans, molluscs and other aquatic invertebrates
NOTES :
1. This Chapter does not cover :
(a) mammals of heading 0106;
(b) meat of mammals of heading 0106 ( heading 0208 or 0210);
(c) fish (including livers, roes and milt thereof) or crustaceans, molluscs or other aquatic invertebrates,
dead and unfit or unsuitable for human consumption by reason of either their species or their condition
(Chapter 5); flours, meals or pellets of fish or of crustaceans, molluscs or other aquatic invertebrates,
unfit for human consumption (heading 2301); or
(d) caviar or caviar substitutes prepared from fish eggs (heading 1604).
2. In this Chapter, the term “pellets” means products which have been agglomerated either directly by
compression or by the addition of a small quantity of binder.
CHAPTER 4
Dairy produce; birds’ eggs; natural honey; edible products of animal origin, not elsewhere
specified or included
NOTES :
1. The expression “milk” means full cream milk or partially or completely skimmed milk.
2. For the purposes of heading 0405 :
(a) the term “butter” means natural butter, whey butter or recombined butter (fresh, salted
or rancid, including canned butter) derived exclusively from milk, with a milkfat content of 80%
or more but not more than 95% by weight, a maximum milk solids-not-fat content of 2% by
weight and a maximum water content of 16% by weight. Butter does not contain added emulsifiers,
but may contain sodium chloride, food colours, neutralising salts and cultures of harmless lactic-
acid-producing bacteria;
(b) the expression “dairy spreads” means a spreadable emulsion of the water-in-oil type,
containing milkfat as the only fat in the product, with a milkfat content of 39% or more but less
than 80% by weight.
3. Products obtained by the concentration of whey and with the addition of milk or milkfat are to
be classified as cheese in heading 0406 provided that they have the three following characteristics :
(a) a milkfat content, by weight of the dry matter, of 5 % or more;
(b) a dry matter content, by weight, of at least 70 % but not exceeding 85 %; and
(c) they are moulded or capable of being moulded.
4. This Chapter does not cover :
(a) products obtained from whey, containing by weight more than 95% lactose, expressed as
anhydrous lactose calculated on the dry matter (heading 1702);
(b) products obtained from milk by replacing one or more of its natural constituents (for example,
butyric fats) by another substance (for example, oleic fats) (heading 1901 or 2106); or"
(c) albumins (including concentrates of two or more whey proteins, containing by weight
more than 80% whey proteins, calculated on the dry matter) (heading 3502) or globulin (heading
3504).
SUB-HEADING NOTES :
1. For the purposes of sub-heading 0404 10, the expression “modified whey” means products
consisting of whey constituents, that is, whey from which all or part of the lactose, proteins or minerals
have been removed, whey to which natural whey constituents have been added, and products obtained
by mixing natural whey constituents.
2. For the purposes of sub-heading 0405 10, the term “butter” does not include dehydrated butter
or ghee (sub-heading 0405 90).
SECTION-I 64 CHAPTER-4
SUPPLEMENTARY NOTE :
In this Chapter, “wild animal” means wild animal as defined in the Wild Life (Protection) Act, 1972 (53
of 1972).
Standard Prefer-
ential
Areas
(1) (2) (3) (4) (5)
___________________________________________________________________________________________
0404 WHEY, WHETHER OR NOT CONCENTRATED OR
CONTAINING ADDED SUGAR OR OTHER
SWEETENING MATTER; PRODUCTS
CONSISTING OF NATURAL MILK CONSTITUENTS ,
WHETHER OR NOT CONTAINING ADDED SUGAR
OR OTHER SWEETENING MATTER , NOT
ELSEWHERE SPECIFIED OR INCLUDED
0404 10 - Whey and modified whey, whether or not
concentrated or containing added sugar
or other sweetening matter :
0404 10 10 --- Whey, concentrated, evaporated or kg. *40% -
condensed, liquid or semi-solid
0404 10 20 --- Whey, dry, blocks and powdered kg. *40% -
0404 10 90 --- Other kg. *40% -
0404 90 00 - Other kg. *40% -
________________________________________________________________________________________________
0405 BUTTER AND OTHER FATS AND OILS DERIVED
FROM MILK ; DAIRY SPREADS
0405 10 00 - Butter kg. 40% -
0405 20 00 - Dairy spreads kg. 40% -
0405 90 - Other :
0405 90 10 --- Butter oil kg. 40% -
0405 90 20 --- Ghee kg. 40% -
0405 90 90 --- Other kg. 40% -
________________________________________________________________________________________________
0406 CHEESE AND CURD
0406 10 00 - Fresh (unripened or uncured) cheese, kg. 30% -
CHAPTER 5
Products of animal origin, not elsewhere specified or included
NOTES :
1. This Chapter does not cover:
(a) edible products (other than guts, bladders and stomachs of animals, whole and pieces thereof,
and animal blood, liquid or dried);
(b) hides or skins (including furskins) other than goods of heading 0505 and parings and similar
waste of raw hides or skins of heading 0511 (Chapter 41 or 43);
(c) animal textile materials, other than horsehair and horsehair waste (Section XI); or
(d) prepared knots or tufts for broom or brush making (heading 9603).
2. For the purposes of heading 0501, the sorting of hair by length (provided the root ends and tip ends
respectively are not arranged together) shall be deemed not to constitute working.
3. Throughout this Schedule, elephant, hippopotamus, walrus, narwhal and wild boar tusks, rhinoceros
horns and the teeth of all animals are regarded as “ivory”.
4. Throughout the Schedule, the expression "horsehair" means hair of the manes or tails of equine or bovine
animals. Heading 0511 covers, inter alia, horsehair and horsehair waste, whether or not put up as a layer with or without
supporting material.
SUPPLEMENTARY NOTE :
In this Chapter, the expressions “wild animal” and “wild life” have the meanings respectively assigned
to them in clauses (36) and (37) of section 2 of the Wild Life (Protection) Act, 1972 (53 of 1972); and the
expression "wild bird" means any bird specified in Schedules to that Act.
Exemption to goods when imported into India against a Post Export EPCG duty credit scrip (0%
EPCG variant)
[Notifn No. 05/2013-Customs, dt. 18.2.2013 as amended by 7/13, 20/13, 5/15, 36/16, 54/16, 8/17,
26/17, 3/18]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods when imported into India against a Post Export EPCG duty credit scrip (0% EPCG variant)
issued by the Regional Authority in accordance with paragraph 5.11 under Chapter 5 {Export Promotion
Capital Goods (EPCG) Scheme} of the Foreign Trade Policy which provides for duty remission in proportion
to export obligation fulfilled (hereinafter referred to as the said scrip) from,-
(a) the whole of the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act,
1975 (51 of 1975); and
SECTION-I 72 CHAPTER-5
(b) the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3 of the
said Customs Tariff Act.
2. The exemption under this notification shall be subject to the following conditions, namely:-
(1) that the said scrip is granted against a valid authorisation issued on or before 31st March, 2013 under para
5.23 of the Handbook of Procedures Volume 1 (hereinafter referred to as the said authorisation) by the
Regional Authority to an applicant (hereinafter referred as the authorisation holder) who opted for the scheme
of Post Export EPCG Duty Credit Scrip (0% EPCG variant):
Provided that the said authorisation is not issued to an applicant who is currently availing any benefits under
Technology Upgradation Fund Scheme (TUFS) administered by the Ministry of Textiles, Government of
India. In the case of applicant who is Common Service Provider (hereinafter referred to as CSP), this bar
shall apply when CSP or any of its specific users is currently availing any benefits under TUFS. This condi-
tion shall not apply where the benefit under TUFS has been obtained but the exact line of business in TUFS
is different from the line of business under authorisations issued under para 5.23 of Handbook of Procedures
Volume 1 or where benefits availed under TUFS are refunded, with applicable interest, before the said
authorisation was issued:
Provided further that the applicant is not issued, in the year of issuance of the said authorisation, the duty
credit scrips under Status Holders Incentive Scrip (SHIS) scheme under para 3.16 of the Foreign Trade
Policy. In the case of applicant who is CSP, the CSP or any of its specific users should not be issued, in the
year of issuance of the said authorisation, the duty credit scrips under SHIS. This condition shall not apply
where already availed SHIS benefit that is unutilised is surrendered or where benefits availed under SHIS
that is utilised is refunded, with applicable interest, before issue of the said authorisation. SHIS scrips which
are surrendered or benefit refunded or not issued in a particular year for the reason the said authorisation has
been issued in that year shall not be issued in future years also;
(2) that the said authorisation is not for import under duty exemption but for import of the goods specified
in the Table 1 annexed hereto on full payment of applicable duties in cash;
(3) that the said authorisation is registered at the port of import specified in the said authorisation and the
goods, which are specified in the Table 1 annexed hereto, are imported within nine months from the date of
issue of the said authorisation on full payment of applicable duties in cash, and the said authorisation is
produced before the proper officer of customs at the time of clearance of the goods for endorsement of the
import particulars and in cases where the authorisation holder has opted that the Cenvat Credit under Cenvat
Credit Rules, 2004 in respect of the additional duty under section 3 of the Customs Tariff Act , 1975 (51 of
1975) paid (hereinafter referred to as additional duty of customs) shall not be taken, the proper officer
endorses “Not valid for Cenvat Credit” on the bill of entry:
Provided that the goods specified in the Table 1 annexed hereto are imported for export of engineering and
electronic products, basic chemicals and pharmaceuticals, apparels and textiles, plastics, handicrafts, chemi-
cals and allied products, leather and leather products, paper and paperboard and articles thereof, ceramic
products, refractories, glass and glassware, rubber and articles thereof, plywood and allied products, marine
products, sports goods and toys and are other than those required for export of products covered under
following chapters or headings of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), namely:-
SECTION-I 73 CHAPTER-5
Chapters 1, 2, 4, 5 (except handicrafts), 6 to 24, 25 to 27, 31, 43, 44 (except plywood and allied products), 45,
47, 68 (except handicrafts), 71, 81 (metals in primary and intermediate forms only), 89, 93, 97 (except
handicrafts), 98; headings 4011 to 4013, 7401 to 7406, 7501 to 7504, 7601 to 7603, 7801, 7802, 7901 to 7903,
8001, 8002 and 8401:
Provided further that catalyst for one subsequent charge shall be allowed, under the authorisation in which
plant, machinery or equipment and catalyst for initial charge have been imported, except in cases where the
Regional Authority issues a separate authorisation for catalyst for one subsequent charge after the plant,
machinery or equipment and catalyst for initial charge have already been imported:
Provided also that the import of the goods specified in the Table 1 annexed hereto are made upto the 31st
December, 2013;
(4) that the goods imported under the said authorisation are installed and put to use, after their import, in
the authorisation holder’s factory or premises and at the time of registration of the said scrip a certificate,
confirming such installation and use of the goods, from the Deputy Commissioner of Customs or Assistant
Commissioner of Customs having jurisdiction over importer's factory or premises, as the case may be, which
has been issued prior to the date of the first application filed by the authorisation holder for issuance of duty
credit scrip against the said authorisation, is produced before the Deputy Commissioner of Customs or the
Assistant Commissioner of Customs at the port of registration, as the case may be:
Provided that in the case of manufacturer authorisation holder and merchant authorisation holder having
supporting manufacturer(s) or vendor(s), the capital goods may be installed at the factory or premises of such
other person whose name and address is endorsed on the said authorisation and also on the shipping bills for
fulfillment of the export obligation and the authorisation holder and such other person jointly and severally
fulfill the export obligation and all other conditions. This shall not apply to a CSP:
Provided further that if the authorisation holder, including an authorisation holder who is a CSP, is not regis-
tered with the Central Excise he may produce the said certificate of installation and usage issued by an
independent Chartered Engineer;
(5) that where the goods imported under the said authorisation are found defective or unfit for use, they
may be re-exported back to the foreign supplier within three years from the date of payment of duty on the
importation thereof subject to the condition that -
(a) at the time of re-export the goods are identified to the satisfaction of the Deputy Commissioner of
Customs or Assistant Commissioner of Customs, as the case may be, to be the same goods which were
imported;
(b) when the re-export of the goods has been made under claim of duty drawback, no duty remission in
the form of duty credit scrip for the duty paid at the time of import on the re-exported goods shall be allowed;
(c) after any duty remission in the form of duty credit scrip has been claimed in respect of the duty paid
on the goods imported under the said authorisation, no duty drawback shall be allowed when the goods are re-
exported and the export obligation shall also not be re-fixed;
(6) that goods imported under the said authorisation are not disposed of or transferred by sale or lease or
any other manner by the authorisation holder till the date of last export against which the said scrip is issued;
SECTION-I 74 CHAPTER-5
(7) that the total export obligation to be fulfilled is equivalent to eighty five percent. (85%) of six times
the amount which is the sum of applicable duty of customs under the First Schedule to the Customs Tariff
Act, 1975 (51 of 1975) paid (hereinafter referred to as basic customs duty), additional duty of customs,
Education Cess under section 94 of the Finance (No.2) Act, 2004 (23 of 2004) paid and Secondary and
Higher Education Cess under section 136 of the Finance Act, 2007 (22 of 2007) paid on goods imported under
the said authorisation, on Free On Board basis, which is to be fulfilled within an export obligation period of six
years from the date of issue of the said authorisation:
Provided that additional duty of customs shall not be taken for computation for the purpose of fixation of
export obligation when the Cenvat Credit in respect of additional duty of customs has not been taken:
Provided further that the export obligation shall be 75% of the export obligation specified above when fulfilled
by export of following green technology products, namely, equipment for solar energy decentralised and grid
connected products, bio-mass gassifier, bio-mass or waste boiler, vapour absorption chillers, waste heat
boiler, waste heat recovery units, unfired heat recovery steam generators, wind turbine, solar collector and
parts thereof, water treatment plants, wind mill and wind mill turbine or engine, other generating sets - wind
powered, electrically operated vehicles - motor cars, electrically operated vehicles - lorries and trucks, elec-
trically operated vehicles – motor cycle and mopeds, and solar cells:
Provided also that for units located in Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland,
Sikkim and Tripura, the export obligation shall be 25% of the export obligation specified above:
Provided also that where a sick unit is notified by the Board for Industrial and Financial Reconstruction
(BIFR) or where a rehabilitation scheme is announced by the concerned State Government in respect of sick
unit for its revival, the export obligation may be fulfilled within the time period allowed by the Regional
Authority as per the rehabilitation package prepared by the operating agency and approved by BIFR or
rehabilitation department of State Government. In cases where the time period is not specified in the rehabili-
tation package, the export obligation may be fulfilled within the time period allowed by the Regional Authority
which shall not exceed twelve years:
Provided also that the export obligation shall be 50% of the export obligation specified above to be fulfilled
within a period of six years in the case of spares (including refurbished/reconditioned spares), moulds, dies,
jigs, fixtures, tools and refractory for initial lining, for the existing plant and machinery (imported earlier, under
para 5.23 of Handbook of Procedures Volume 1 or otherwise), subject to the condition that the CIF value of
import of the above spares, etc is limited to 10% of the CIF value of the plant and machinery imported under
the authorisation (para 5.23 of Handbook of Procedures Volume 1) or 10% of the book value of the plant and
machinery imported earlier otherwise than under para 5.23 of Handbook of Procedures Volume 1, as the
case may be;
(8) that the duty remission granted as duty credit in the said scrip bears the same proportion to the amount
which is the basic customs duty on the goods imported under the said authorisation which were considered
for fixation of export obligation, as the extent of export obligation fulfilled (over and above the average export
obligation) bears to the total export obligation:
(b) the amount of duty remission shall not include the duty paid which are not assessed finally;
(c) extent of export obligation fulfilled shall be the export obligation fulfilled till the last export included in
the said scrip less the export obligations fulfilled that have been counted towards the previously issued duty
credit scrips against the said authorisation;
(d) in condition (c) above, the export obligation fulfilled till the last export included in the said scrip shall
be taken as the total export obligation fulfilled in the following cases -
(i) where the authorisation holder fulfills seventy five percent. (75%) or more of the export obligation as
specified in condition (7) [over and above hundred percent. (100%) of the average export obligation], within
half of the period specified for export obligation as mentioned in said condition (7), in which case the balance
export obligation shall stand condoned;
(ii) where the Regional Authority regularises shortfall, in the export obligation as specified in condition
(7), not exceeding five per cent. (5%) of such export obligation, in which case the said shortfall shall be
condoned;
(e) the Explanation 2 to this notification relating to ‘Export obligation’ shall apply severally to each duty
credit scrip, including the said scrip, issued against the said authorisation;
(f) the exports and supplies made within the export obligation period specified in condition (7) shall count
towards fulfillment of export obligation;
(g) for fulfillment of export obligation, the payments against exports/supplies should have been realised.
(9) that where the first proviso to condition (7) is applied, the Cenvat Credit in respect of additional duty
of customs shall not been taken and at the time of registration of the said scrip a certificate, from the
jurisdictional Deputy Commissioner of Central Excise or Assistant Commissioner of Central Excise, as the
case may be, to the effect that Cenvat Credit in respect of additional duty of customs on goods imported
under the said authorisation has not been taken, is produced by the authorisation holder before the Deputy
Commissioner of Customs or the Assistant Commissioner of Customs, as the case may be:
Provided that when the authorisation holder is not registered with Central Excise, he may produce the said
certificate on self-certification basis;
(10) that the duty remission in the said scrip does not relate to duties paid on the imports made under the said
authorisation which have not been installed and put to use;
(11) that the duty remission in the said scrip has not been obtained as a consequence of indigenous sourcing
of capital goods;
(12) that the said scrip is issued, on request of the authorisation holder in form ANF5B for duty remission, by
the Regional Authority specifying the same port of registration as mentioned in the said authorisation and it
indicates details of the said authorisation, total export obligation fixed and its calculation, details of previous
duty credit scrips issued against the said authorisation and the calculation of duty credit;
SECTION-I 76 CHAPTER-5
(13) that the imports under the said authorisation, the exports for fulfilling the export obligations and import of
goods against the said scrip are undertaken through the seaports, airports or through the Inland Container
Depots or through the Land Customs Stations as mentioned in the Table 2 annexed hereto or a Special
Economic Zone notified under section 4 of the Special Economic Zones Act, 2005 (28 of 2005):
Provided that the Commissioner of Customs may, by special order or a public notice and subject to such
conditions as may be specified by him, permit import and export through any other seaport, airport, inland
container depot or through a land customs station within his jurisdiction;
(14) that for the purposes of registration, the said scrip is produced by the authorisation holder at the
specified port of registration before the Deputy Commissioner of Customs or the Assistant Commissioner of
Customs, as the case may be, along with -
(a) the said authorisation and the bill(s) of entry under which the imports under the said authorisation
were made on payment of applicable duties in cash;
(b) evidence showing the extent of export obligation fulfilled within the export obligation period;
(c) certificate confirming installation and use as prescribed in condition (4) above;
(d) certificate that Cenvat Credit has not been taken as prescribed in condition (9) above, where applicable;
(i) the goods imported under the said authorisation have not been disposed of or transferred by
sale or lease or any other manner till the date of last export against which the said scrip is issued;
(ii) the duty remission in the said scrip does not include the duty paid, any portion of which has
been rebated, including by way of duty drawback; and
(iii) all the conditions have been complied with respect to the duty credit in the said scrip,
and the said Deputy Commissioner or Assistant Commissioner, as the case may be, upon being
satisfied, allows the said scrip to be registered and the Customs authority endorses details of the said scrip
and the remark “Drawback not available on re-export” on the bill(s) of entry, and registers the said scrip;
(15) that the said scrip and goods imported against it shall be freely transferable;
(16) that the said scrip is produced before the proper officer of customs at the time of clearance for debit
of the duties leviable on the goods and the proper officer taking into account the debitsalready made under
this exemption and the debits made under the notification No. 02 of 2013-Central Excise, dated the 18th
February, 2013 debits the duties leviable on the goods, but for this exemption;
(17) that the validity of the said scrip shall be eighteen months from the date of issue and the said scrip
shall be valid on the date on which actual debit of duty is made;
(18) that where the importer, under this notification, does not claim exemption from the additional duty of
customs leviable under sub-sections (1), (3) and (5) of section 3 of the Customs Tariff Act, 1975 (51 of 1975)
he shall be deemed not to have availed the benefit under this notification for the purpose of calculation of the
SECTION-I 77 CHAPTER-5
(19) that the benefit under this notification shall not be available to the items listed in Appendix 37B of the
Handbook of Procedures Volume 1;
(20) that the importer shall be entitled to avail of the drawback or Cenvat credit of additional duty leviable
under sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff Act against the amount debited in
the said scrip.
(A) “Capital goods” has the same meaning as assigned to it in Paragraph of 9.12 of the Foreign Trade
Policy;
(B) “Common Service Provider” (CSP) means a service provider who is designated or certified as a
Common Service Provider by the DGFT, Department of Commerce or State Industrial Infrastructural
Corporation in a Town of Export Excellence;
(I) means obligation on the authorisation holder to export to a place outside India, goods manufactured
or capable of being manufactured or services rendered by the use of goods imported under the said authorisation
and the export obligation shall be over and above the average level of exports achieved by the authorisation
holder in the preceding three licensing years for the same and similar products within the export obligation
period and such average shall be the arithmetic mean of export performance in the last three years for the
same and similar products:
Provided that up to fifty percent. (50%) of the export obligation may also be fulfilled by export of other
good(s) manufactured or service(s) provided by the authorisation holder or his group company or managed
hotel, which has the said authorisation under which imports were made subject to the condition that in such
cases, additional export obligation imposed shall be over and above the average exports achieved by the
authorisation holder or his group company or managed hotel in preceding three years for both the original and
the substitute product(s) / service(s):
Provided further that in case of export of goods relating to handicraft, handlooms, cottage, tiny sector, agricul-
ture, animal husbandry, floriculture, horticulture, pisciculture, viticulture, poultry, sericulture, carpet, coir and
jute, the authorisation holder shall not be required to maintain the average level of exports:
Provided also that in case of export of goods relating to aquaculture (including fisheries), the authorisation
holder shall not be required to maintain the average level of exports subject to the condition that said authorisation
has been obtained for goods other than fishing trawlers, boats, ships and other similar items:
Provided also that the goods, excepting tools, imported under said authorisation by the aforesaid sectors, shall
not be allowed to be transferred for a period of five years from the date of imports even in cases where
export obligation has been fulfilled. Transfer of capital goods would, however, be permitted within the group
companies, after fulfillment of export obligation but before five years from the date of imports, under intima-
tion to Regional Authority and jurisdictional Central Excise Authority:
SECTION-I 78 CHAPTER-5
Provided also that exports made to such countries as notified by Director General of Foreign Trade, shall not
be counted for fixing the average level of exports:
Provided also that exports against only such shipping bills which mention the authorisation number and date of
the said authorisation shall be counted for the fulfillment of the export obligation;
(a) the reference to ‘authorisation holder’ in this Explanation shall be taken to mean a reference to ‘CSP
and specific users whose details are informed prior to export by CSP to the Regional Authority’;
(b) for the exports by users of the common service to be counted towards fulfilment of export obligation
of CSP, the respective shipping bills of the users of common service shall contain the authorisation details of
the CSP and the concerned Regional Authority shall be informed about the details of the users prior to such
export; and
(c) the exports counted against the authorisation shall not be counted towards fulfillment of other spe-
cific export obligations against all other authorisations issued under Chapter 5 of the Foreign Trade Policy,
including para 5.23 of Handbook of Procedures Volume 1;
(II) shall be fulfilled through physical exports and the export proceeds realised in freely convertible currency.
However the following categories of supplies, shall also be counted towards fulfillment of export obligation:
(i) supply of goods against Advance Authorisation/Advance Authorisation for Annual Requirement/
Duty Free Import Authorisation (DFIA);
(ii) supply of goods to Export Oriented Units (EOUs) or Software Technology Parks (STPs) or Elec-
tronics Hardware Technology Parks (EHTPs) or Bio-Technology Parks (BTPs);
(iii) supply of goods to projects financed by multilateral or bilateral agencies or Funds as notified by the
Department of Economic Affairs (DEA), the Ministry of Finance (MOF) under International Competitive
Bidding (ICB) in accordance with procedures of those agencies or Funds, where legal agreements provide
for tender evaluation without including customs duty; supply and installation of goods and equipments (single
responsibility of turnkey contracts) to projects financed by multilateral or bilateral agencies or Funds as
notified by DEA, MOF under ICB, in accordance with procedures of those agencies/Funds, where bids may
have been invited and evaluated on the basis of Delivery Duty Paid (DDP) prices for goods manufactured
abroad;
(iv) supply of goods to any project or purpose in respect of which the Ministry of Finance, by a notifica-
tion, permits import of such goods at zero customs duty and the supply is made under ICB procedure;
(v) supply of goods to mega power projects as provided in sub-clause (ii) of clause (f) of para 8.2 of
Foreign Trade Policy;
(vi) supply of goods to nuclear power projects through competitive bidding as provided in clause (j) of
SECTION-I 79 CHAPTER-5
(b) supply of ITA-1 items to Domestic Tariff Area, provided realization is in free foreign exchange;
(c) royalty payments received in freely convertible currency and foreign exchange received for Re-
search and Development (R&D) services; and
(d) payments received in rupee terms for port handling services in terms of chapter 9 of the Foreign
Trade Policy.
(D) “Foreign Trade Policy” means the Foreign Trade Policy 2009-2014 published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (ii) vide notification of the Government of India in the Ministry
of Commerce and Industry, No.1 (RE – 2012) /2009-2014 dated the 5th June 2012, as amended from time to
time;
(E) “Handbook of Procedures Volume 1” means the Handbook of Procedures Volume 1, 2009-14, pub-
lished in the Gazette of India, Extraordinary, Part I, Section 1 vide public notice of the Government of India
in the Ministry of Commerce and Industry, Department of Commerce, No.01 (RE - 2012)/2009-2014, dated
the 5th June, 2012, as amended from time to time;
(F) “Manufacture” has the same meaning as defined in clause (f) of section 2 of the Central Excise Act,
1944 (1 of 1944);
(G) “Regional Authority” means the Director General of Foreign Trade appointed under section 6 of the
Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised by him to grant
an authorisation including a duty credit scrip under the said Act;
(H) “Town of Export Excellence” (TEE) means a selected town producing goods of Rs. 750 Crore or
more based on potential of growth in exports. However, for TEE in handloom, handicraft, agriculture and
fisheries sector the threshold limit would be Rs.150 Crore.
Table 1
___________________________________________________________________________________________________________
S. No. Description of goods
___________________________________________________________________________________________________________
1. Capital goods for pre-production, production and post-production including second hand capital
goods.
2. Capital goods in Semi Knocked Down (SKD)/Completely Knocked Down (CKD) conditions to be
assembled into capital goods by the authorisation holder.
3. Spare parts of CIF value upto 10% of the CIF value of goods specified at Serial Nos.1 and 2 as
actually imported and required for maintenance of capital goods so imported, assembled, or manu-
factured.
4. Spare parts of CIF value upto 10% of the book value of the existing plant and machinery of the
authorisation holder.
SECTION-I 80 CHAPTER-5
___________________________________________________________________________________________________________
Table 2
S.No. Port, Located at
ICD,
LCS
1. Seaports Bedi (including Rozi-Jamnagar), Chennai, Cochin, Dahej, Dhamra, Dharamtar, Dighi,
Haldia (Haldia Dock Complex of Kolkata Port), Hazira (Surat), Kakinada, Kandla,
Kattupalli (Tamil Nadu), Kolkata, Krishnapatnam, Ennore (Tamilnadu) and Karaikal
(Union territory of Puducherry), Magdalla, Mangalore, Marmagoa, Muldwarka, Mumbai,
Mundhra, Nagapattinam, Nhava Sheva, Okha, Paradeep, Pipavav, Porbander, Sikka,
Tuticorin, Visakhapatnam and Vadinar.
2. Airports Ahmedabad, Bangalore, Bhubaneswar, Calicut, Chennai, Cochin, Coimbatore, Dabolim
(Goa), Delhi, Hyderabad, Indore, Jaipur, Kolkata, Lucknow (Amausi), Mumbai, Nagpur,
Rajasansi (Amritsar), Srinagar, Trivandrum, Varanasi and Visakhapatnam.
3. Inland Agra, Ahmedabad, Anaparthy (Andhra Pradesh), Babarpur, Bangalore, Bhadohi,
Container Bhatinda, Bhilwara,Bhiwadi, Bhusawal, Chettipalayam (Tamilnadu), Chheharata
Depots (Amritsar), Coimbatore, Dadri, Dappar (Dera Bassi), Daulatabad (Wanjarwadi and
Maliwada), Delhi, Dhannad Rau (District Indore), Dighi (Pune), Durgapur (Export
Promotion Industrial Park), Faridabad, Garhi Harsaru, Gauhati, Guntur, Hosur (Tamil
Nadu), Hyderabad, Irugur Village (Tamilnadu), Irungattukottai (SIPCOT Industrial Park,
Kattrambakkam Village, Sriperumbudur Taluk, Kanchipuram District, Tamilnadu), Jaipur,
Jallandhar, Jamshedpur, Jodhpur, Kalinganagar, Kanpur, Karur, Kheda (Pithampur, Dis-
trict Dhar), Kota, Kundli, Loni (District Ghaziabad), Ludhiana, Madurai, Malanpur,
Mandideep (District Raisen), Marripalem Village (in Edlapadu Taluk of District Guntur),
Melapakkam Village (Arakkonam Taluk, Vellore District) Miraj, Moradabad, Nagpur,
Nasik, Nattakkam Village (Kottayam Taluk and District), Patli (Gurgaon), Pimpri (Pune),
Pitampur (Indore), Pondicherry, Raipur, Rewari, Rudrapur (Nainital), Salem, Singanalur,
Surat, Surajpur, Talegaon (District Pune), Thudiyalur (Tamilnadu), Tirupur, Tondiarpet
(TNPM) in Chennai, Tumb Village (Taluka Umbergaon, District Valsad), Tuticorin,
Udaipur, Vadodara, Varanasi, Veerapandi (Tamilnadu) and Waluj (Aurangabad).
4. Land Agartala, Amritsar Rail Cargo, Attari Road, Changrabandha, Dawki, Ghojadanga, Hilli,
Customs Jogbani, Mahadipur,Nepalganj Road, Nautanva (Sonauli), Petrapole, Ranaghat, Raxaul,
Stations Singhabad and Sutarkhandi.
Exemption to goods when imported into India against a Post Export EPCG duty credit scrip (3%
EPCG variant)
[Notifn No. 06/2013-Customs, dt. 18.2.2013 as amended by 7/13, 20/13, 5/15, 36/16, 54/16, 8/17,
26/17, 3/18]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods when imported into India against a Post Export EPCG duty credit scrip (3% EPCG variant)
issued by the Regional Authority in accordance with paragraph 5.11 under Chapter 5 {Export Promotion
Capital Goods (EPCG) Scheme} of the Foreign Trade Policy which provides for duty remission in proportion
to export obligation fulfilled (hereinafter referred to as the said scrip) from,-
SECTION-I 81 CHAPTER-5
(a) the whole of the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act,
1975 (51 of 1975); and
(b) the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3 of the
said Customs Tariff Act.
2. The exemption under this notification shall be subject to the following conditions, namely:-
(1) that the said scrip is granted against a valid authorisation issued under para 5.23 of the Handbook of
Procedures Volume 1 (hereinafter referred to as the said authorisation) by the Regional Authority to an
applicant (hereinafter referred as the authorisation holder) who opted for the scheme of Post Export EPCG
Duty Credit Scrip (3% EPCG variant);
(2) that the said authorisation is not for import under duty exemption but for import of the goods specified
in the Table 1 annexed hereto, on full payment of applicable duties in cash, where duty of customs under the
First Schedule to the Customs Tariff Act, 1975 (51 of 1975) paid {hereinafter referred to as basic customs
duty} is above 3 per cent. ad valorem;
(3) that the said authorisation is registered at the port of import specified in the said authorisation and the
goods, which are specified in the Table 1 annexed hereto, are imported within thirty six months from the date
of issue of the said authorisation on full payment of applicable duties in cash, and the said authorisation is
produced before the proper officer of customs at the time of clearance of the goods for endorsement of the
import particulars and in cases where the authorisation holder has opted that the Cenvat Credit under Cenvat
Credit Rules, 2004 in respect of the additional duty under sub-sections (1), (3) and (5) of section 3 of the
Customs Tariff Act, 1975 (51 of 1975) paid (hereinafter referred to as additional duty of customs) shall not be
taken, the proper officer endorses “Not valid for Cenvat Credit” on the bill of entry:
Provided that catalyst for one subsequent charge shall be allowed, under the authorisation in which plant,
machinery or equipment and catalyst for initial charge have been imported, except in cases where the Re-
gional Authority issues a separate authorisation for catalyst for one subsequent charge after the plant, ma-
chinery or equipment and catalyst for initial charge have already been imported:
Provided further that the import of motor cars, sports utility vehicles or all purpose vehicles shall be allowed
only to hotels, travel agents, tour operators or tour transport operators and companies owning or operating
golf resorts, subject to the condition that,-
(a) the total foreign exchange earning from hotel, travel and tourism and golf tourism sectors in current
and preceding three licensing years is Rupees one crore fifty lakhs or more;
(b) the duty amount on all authorisations issued under Chapter 5 of the Foreign Trade Policy, including
para 5.23 of Handbook of Procedures Volume 1, in a licensing year for import of motor cars, sports utility
vehicles or all purpose vehicles shall not exceed fifty percent. (50%) of average foreign exchange earnings
from hotel, travel and tourism and golf tourism sectors in preceding three licensing years; and
(c) the customs authority endorse the bill of entry while clearing the vehicles imported specifying that the
vehicles shall be registered as a vehicle for ‘tourist purpose only’ and the vehicles so registered are used for
tourist purpose only and a copy of the registration certificate, to that effect shall be submitted to the con-
cerned customs authority as a confirmation of import of vehicle within six months from the date of import:
SECTION-I 82 CHAPTER-5
Provided also that import of motor cars, sports utility vehicles or all purpose vehicles shall not be allowed to
a Common Service Provider:
Provided also that the import of capital goods for creation of modern infrastructure shall be extended only to
such retailers who have a minimum area of 1000 square metres.
(4) that the goods imported under the said authorisation are installed and put to use, after their import, in
the authorisation holder’s factory or premises and at the time of registration of the said scrip a certificate,
confirming such installation and use of the goods, from the Deputy Commissioner of Customs or Assistant
Commissioner of Customs having jurisdiction over importer's factory or premises, as the case may be, which
has been issued prior to the date of the first application filed by the authorisation holder for issuance of duty
credit scrip against the said authorisation, is produced before the Deputy Commissioner of Customs or the
Assistant Commissioner of Customs at the port of registration, as the case may be:
Provided that if the authorisation holder, including an authorisation holder who is a Common Service Provider
(CSP), is not registered with the Central Excise or if the authorisation holder is a service provider (other than
a CSP), as the case may be, he may produce the said certificate of installation and usage issued by an
independent Chartered Engineer:
Provided further that in the case of manufacturer authorisation holder and merchant authorisation holder
having supporting manufacturer(s) or vendor(s) or in the case of import of irrigation equipment for use in
contract farming for export of agricultural products or in the case of authorisation holder rendering services,
the capital goods may be installed at the factory or premises of such other person whose name and address
is endorsed on the said authorisation and also on the shipping bills for fulfillment of the export obligation and
the authorisation holder and such other person jointly and severally fulfill the export obligation and all other
conditions. This shall not apply to a CSP:
Provided also that agro units located in Agri Export Zones or service providers in Agri export Zones may
move the capital goods within the Agri Export Zones under intimation to the jurisdictional Deputy Commis-
sioner of Customs or Assistant Commissioner of Customs, as the case may be, subject to the condition that
the importer shall maintain accurate record of such movement;
(5) that where the goods imported under the said authorisation are found defective or unfit for use, they
may be re-exported back to the foreign supplier within three years from the date of payment of duty on the
importation thereof subject to the condition that -
(a) at the time of re-export the goods are identified to the satisfaction of the Deputy Commissioner of
Customs or Assistant Commissioner of Customs, as the case may be, to be the same goods which were
imported;
(b) when the re-export of the goods has been made under claim of duty drawback, no duty remission in
the form of duty credit scrip for the duty paid at the time of import on the re-exported goods shall be allowed;
(c) after any duty remission in the form of duty credit scrip has been claimed in respect of the duty paid
on the goods imported under the said authorisation, no duty drawback shall be allowed when the goods are re-
exported and the export obligation shall also not be re-fixed;
SECTION-I 83 CHAPTER-5
(6) that goods imported under the said authorisation are not disposed of or transferred by sale or lease or
any other manner by the authorisation holder till the date of last export against which the said scrip is issued;
(7) that the total export obligation to be fulfilled is equivalent to eighty five percent. (85%) of eight times
the amount which is the difference between the following, namely:-
(a) sum of applicable basic customs duty, additional duty of customs, Education Cess under section 94 of
the Finance (No.2) Act, 2004 (23 of 2004) paid and Secondary and Higher Education Cess under section 136
of the Finance Act, 2007 (22 of 2007) paid on the goods imported under the said authorisation;
and
(b) sum of 3 per cent. of the assessable value of the said goods and an amount calculated as if it
represented cess on the said 3 per cent. of the assessable value,on Free On Board basis, within the export
obligation period of eight years from the date of issue of the said authorisation:
Provided that additional duty of customs shall not be taken for computation for the purpose of fixation of
export obligation when the Cenvat Credit in respect of additional duty of customs has not been taken:
Provided further that the export obligation shall be 75% of the export obligation specified above when fulfilled
by export of following green technology products, namely, equipment for solar energy decentralised and grid
connected products, bio-mass gassifier, bio-mass or waste boiler, vapour absorption chillers, waste heat
boiler, waste heat recovery units, unfired heat recovery steam generators, wind turbine, solar collector and
parts thereof, water treatment plants, wind mill and wind mill turbine or engine, other generating sets - wind
powered, electrically operated vehicles- motor cars, electrically operated vehicles - lorries and trucks, elec-
trically operated vehicles – motor cycle and mopeds, and solar cells:
Provided also that for units located in Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland,
Sikkim and Tripura, the export obligation shall be 25% of the export obligation specified above:
Provided also that where the amount of duties paid in cash that are considered for fixation of export obligation
is not less than Rs.100 Crore, or where the said authorisation is issued to units in the Agri Export Zone as may
be notified by the Regional Authority, the export obligation shall be fulfilled within a period of twelve years
from the date of issue of authorisation:
Provided also that where a sick unit is notified by the Board for Industrial and Financial Reconstruction
(BIFR) or where a rehabilitation scheme is announced by the concerned State Government in respect of sick
unit for its revival, the export obligation may be fulfilled within the time period allowed by the Regional
Authority as per the rehabilitation package prepared by the operating agency and approved by BIFR or
rehabilitation department of State Government. In cases where the time period is not specified in the rehabili-
tation package, the export obligation may be fulfilled within the time period allowed by the Regional Authority
which shall not exceed twelve years:
Provided also that where the capital goods are imported by agro units and units in tiny and cottage sector, for
the purpose of fixing the export obligation the words ‘eight times’ in this condition shall be read as ‘six times’
and the export obligation shall be fulfilled within a period of twelve years from the date of issue of the
SECTION-I 84 CHAPTER-5
authorisation:
Provided also that where the capital goods are imported for technological up-gradation as per conditions
specified in Para 5.8 of the Foreign Trade Policy or by small scale industry units as defined in paragraph 5.2
of the Foreign Trade Policy, as the case may be, for the purpose of fixing the export obligation the words
‘eight times’ in this condition shall be read as ‘six times’ and the export obligation shall be fulfilled within a
period of eight years from the date of issue of authorisation subject to the further condition that in the case of
Small Scale Industry (SSI) units the landed Cost Insurance Freight (CIF) value of such imported capital
goods under the scheme shall not exceed rupees fifty lakhs and total investment in plant and machinery after
such imports shall not exceed the SSI limit:
Provided also that the export obligation shall be 50% of the export obligation specified above to be fulfilled
within a period of eight years in the case of spares (including refurbished/reconditioned spares), moulds, dies,
jigs, fixtures, tools and refractory for initial lining, for the existing plant and machinery (imported earlier, under
para 5.23 of Handbook of Procedures Volume 1 or otherwise), subject to the condition that the CIF value of
import of the above spares, etc is limited to 10% of the CIF value of the plant and machinery imported under
the authorisation (para 5.23 of Handbook of Procedures Volume 1) or 10% of the book value of the plant and
machinery imported earlier otherwise than under para 5.23 of Handbook of Procedures Volume 1, as the
case may be;
(8) that the duty remission granted as duty credit in the said scrip bears the same proportion to the
amount which is the basic customs duty on the goods imported under the said authorisation less 3 per cent. of
the assessable value of the said goods which were considered for fixation of export obligation, as the extent
of export obligation fulfilled (over and above the average export obligation) bears to the total export obliga-
tion:
(a) the amount of duty remission shall not include the duty paid, any portion of which has been rebated,
including by way of duty drawback;
(b) the amount of duty remission shall not include the duty paid which are not assessed finally;
(c) extent of export obligation fulfilled shall be the export obligation fulfilled till the last export included in
the said scrip less the export obligations fulfilled that have been counted towards the previously issued duty
credit scrips against the said authorisation;
(d) in condition (c) above, the export obligation fulfilled till the last export included in the said scrip shall
be taken as the total export obligation fulfilled in the following cases -
(i) where the authorisation holder fulfills seventy five percent. (75%) or more of the export obligation as
specified in condition (7) [over and above hundred percent. (100%) of the average export obligation], within
half of the period specified for export obligation as mentioned in said condition (7), in which case the balance
export obligation shall stand condoned;
(ii) where the Regional Authority regularises shortfall, in the export obligation as specified in condition
(7), not exceeding five per cent. (5%) of such export obligation, in which case the said shortfall shall be
condoned;
SECTION-I 85 CHAPTER-5
(e) the Explanation 2 to this notification relating to ‘Export obligation’ shall apply severally to each duty
credit scrip, including the said scrip, issued against the said authorisation;
(f) the exports and supplies made within the export obligation period specified in condition (7) shall count
towards fulfillment of export obligation;
(g) for fulfillment of export obligation, the payments against the exports/supplies should have been realised.
(9) that where the first proviso to condition (7) is applied, the Cenvat Credit in respect of the additional
duty of customs shall not been taken and at the time of registration of the said scrip a certificate, from the
jurisdictional Deputy Commissioner of Central Excise or Assistant Commissioner of Central Excise, as the
case may be, to the effect that Cenvat Credit in respect of additional duty of customs on goods imported
under the said authorisation has not been taken, is produced by the authorisation holder before the Deputy
Commissioner of Customs or the Assistant Commissioner of Customs, as the case may be:
Provided that when the authorisation holder is not registered with Central Excise, he may produce the said
certificate on self-certification basis;
(10) that the duty remission in the said scrip does not relate to duties paid on the imports made under the
said authorisation which have not been installed and put to use;
(11) that the duty remission in the said scrip has not been obtained as a consequence of indigenous
sourcing of capital goods;
(12) that the said scrip is issued, on request of the authorisation holder in form ANF5B for duty remission,
by the Regional Authority specifying the same port of registration as mentioned in the said authorisation and
it indicates details of the said authorisation, total export obligation fixed and its calculation, details of previous
duty credit scrips issued against the said authorisation and the calculation of duty credit;
(13) that the imports under the said authorisation, the exports for fulfilling the export obligations and
import of goods against the said scrip are undertaken through the seaports, airports or through the Inland
Container Depots or through the Land Customs Stations as mentioned in the Table 2 annexed hereto or a
Special Economic Zone notified under section 4 of the Special Economic Zones Act, 2005 (28 of 2005):
Provided that the Commissioner of Customs may, by special order or a public notice and subject to such
conditions as may be specified by him, permit import and export through any other seaport, airport, inland
container depot or through a land customs station within his jurisdiction;
(14) that for the purposes of registration, the said scrip is produced by the authorisation holder at the
specified port of registration before the Deputy Commissioner of Customs or the Assistant Commissioner of
Customs, as the case may be, along with -
(a) the said authorisation and the bill(s) of entry under which the imports under the said authorisation
were made on payment of applicable duties in cash;
(b) evidence showing the extent of export obligation fulfilled within the export obligation period;
(c) certificate confirming installation and use as prescribed in condition (4) above;
SECTION-I 86 CHAPTER-5
(d) certificate that Cenvat Credit has not been taken as prescribed in condition (9) above, where appli-
cable;
(e) undertaking from the authorisation holder to the effect that,-
(i) the goods imported under the said authorisation have not been disposed of or transferred by sale or
lease or any other manner till the date of last export against which the said scrip is issued;
(ii) the duty remission in the said scrip does not include the duty paid, any portion of which has been
rebated, including by way of duty drawback; and
(iii) all the conditions have been complied with respect to the duty credit in the said scrip,
and the said Deputy Commissioner or Assistant Commissioner, as the case may be, upon being satisfied,
allows the said scrip to be registered and the Customs authority endorses details of the said scrip and the
remark “Drawback not available on re-export” on the bill(s) of entry, and registers the said scrip;
(15) that the said scrip and goods imported against it shall be freely transferable;
(16) that the said scrip is produced before the proper officer of customs at the time of clearance for debit
of the duties leviable on the goods and the proper officer taking into account the debits already made under
this exemption and the debits made under the notification No. 03 of 2013-Central Excise, dated the 18th
February, 2013 debits the duties leviable on the goods, but for this exemption;
(17) that the validity of the said scrip shall be eighteen months from the date of issue and the said scrip
shall be valid on the date on which actual debit of duty is made;
(18) that where the importer, under this notification, does not claim exemption from the additional duty of
customs leviable under sub-sections (1), (3) and (5) of section 3 of the Customs Tariff Act, 1975 (51 of 1975)
he shall be deemed not to have availed the benefit under this notification for the purpose of calculation of the
said additional duty of customs;
(19) that the benefit under this notification shall not be available to the items listed in Appendix 37B of the
Handbook of Procedures Volume 1;
(20) that the importer shall be entitled to avail of the drawback or Cenvat credit of additional duty leviable
under sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff Act against the amount debited in
the said scrip.
Explanation 2. - For the purpose of this notification, -
(A) “Capital goods” has the same meaning as assigned to it in Paragraph of 9.12 of the Foreign Trade
Policy;
(B) “Common Service Provider” (CSP) means a service provider who is designated or certified as a
Common Service Provider by the DGFT, Department of Commerce or State Industrial Infrastructural Cor-
poration in a Town of Export Excellence;
(I) means obligation on the authorisation holder to export to a place outside India, goods manufactured
or capable of being manufactured or services rendered by the use of goods imported under the said authorisation
and the export obligation shall be over and above the average level of exports achieved by the authorisation
SECTION-I 87 CHAPTER-5
holder in the preceding three licensing years for the same and similar products within the export obligation
period and such average shall be the arithmetic mean of export performance in the last three years for the
same and similar products:
Provided that up to fifty percent. (50%) of the export obligation may also be fulfilled by export of other
good(s) manufactured or service(s) provided by the authorisation holder or his group company or managed
hotel, which has the said authorisation under which imports were made subject to the condition that in such
cases, additional export obligation imposed shall be over and above the average exports achieved by the
authorisation holder or his group company or managed hotel in preceding three years for both the original and
the substitute product(s) / service(s):
Provided further that in case of export of goods relating to handicraft, handlooms, cottage, tiny sector, agricul-
ture, animal husbandry, floriculture, horticulture, pisciculture, viticulture, poultry, sericulture, carpet, coir and
jute, the authorisation holder shall not be required to maintain the average level of exports:
Provided also that in case of export of goods relating to aquaculture (including fisheries), the authorisation
holder shall not be required to maintain the average level of exports subject to the condition that said authorisation
has been obtained for goods other than fishing trawlers, boats, ships and other similar items:
Provided also that the goods, excepting tools, imported under said authorisation by the aforesaid sectors, shall
not be allowed to be transferred for a period of five years from the date of imports even in cases where
export obligation has been fulfilled. Transfer of capital goods would, however, be permitted within the group
companies, after fulfillment of export obligation but before five years from the date of imports, under intima-
tion to Regional Authority and jurisdictional Central Excise Authority:
Provided also that exports made to such countries as notified by Director General of Foreign Trade, shall not
be counted for fixing the average level of exports:
Provided also that exports against only such shipping bills which mention the authorisation number and date of
the said authorisation shall be counted for the fulfillment of the export obligation;
Provided also that in the case of authorisation issued to a Common Service Provider (CSP), -
(a) the reference to ‘authorisation holder’ in this Explanation shall be taken to mean a reference to ‘CSP
and specific users whose details are informed prior to export by CSP to the Regional Authority’;
(b) for the exports by users of the common service to be counted towards fulfilment of export obligation
of CSP, the respective shipping bills of the users of common service shall contain the authorisation details of
the CSP and the concerned Regional Authority shall be informed about the details of the users prior to such
export; and
(c) the exports counted against the authorisation shall not be counted towards fulfillment of other spe-
cific export obligations against all other authorisations issued under Chapter 5 of the Foreign Trade Policy,
including para 5.23 of Handbook of Procedures Volume 1;
(II) shall be fulfilled through physical exports and the export proceeds realised in freely convertible
SECTION-I 88 CHAPTER-5
currency. However the following categories of supplies, shall also be counted towards fulfillment of export
obligation:
(a) deemed exports, namely:-
(i) supply of goods against Advance Authorisation/Advance Authorisation for Annual Requirement/
Duty Free Import Authorisation (DFIA);
(ii) supply of goods to Export Oriented Units (EOUs) or Software Technology Parks (STPs) or Elec-
tronics Hardware Technology Parks (EHTPs) or Bio-Technology Parks (BTPs);
(iii) supply of goods to projects financed by multilateral or bilateral agencies or Funds as notified by the
Department of Economic Affairs (DEA), the Ministry of Finance (MOF) under International Competitive
Bidding (ICB) in accordance with procedures of those agencies or Funds, where legal agreements provide
for tender evaluation without including customs duty; supply and installation of goods and equipments (single
responsibility of turnkey contracts) to projects financed by multilateral or bilateral agencies or Funds as
notified by DEA, MOF under ICB, in accordance with procedures of those agencies/Funds, where bids may
have been invited and evaluated on the basis of Delivery Duty Paid (DDP) prices for goods manufactured
abroad;
(iv) supply of goods to any project or purpose in respect of which the Ministry of Finance, by a notifica-
tion, permits import of such goods at zero customs duty and the supply is made under ICB procedure;
(v) supply of goods to mega power projects as provided in sub-clause (ii) of clause (f) of para 8.2 of
Foreign Trade Policy;
(vi) supply of goods to nuclear power projects through competitive bidding as provided in clause (j) of
para 8.2 of Foreign Trade Policy;
(b) supply of ITA-1 items to Domestic Tariff Area, provided realization is in free foreign exchange;
(c) royalty payments received in freely convertible currency and foreign exchange received for Re-
search and Development (R&D) services; and
(d) payments received in rupee terms for port handling services in terms of chapter 9 of the Foreign
Trade Policy.
(D) “Foreign Trade Policy” means the Foreign Trade Policy 2009-2014 published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (ii) vide notification of the Government of India in the Ministry
of Commerce and Industry, No.1 (RE – 2012) /2009-2014 dated the 5th June 2012, as amended from time to
time;
(E) “Handbook of Procedures Volume 1” means the Handbook of Procedures Volume 1, 2009-14, pub-
lished in the Gazette of India, Extraordinary, Part I, Section 1 vide public notice of the Government of India
in the Ministry of Commerce and Industry, Department of Commerce, No.01 (RE - 2012)/2009-2014, dated
the 5th June, 2012, as amended from time to time;
SECTION-I 89 CHAPTER-5
(F) “Manufacture” has the same meaning as defined in clause (f) of section 2 of the Central Excise Act,
1944 (1 of 1944);
(G) “Regional Authority” means the Director General of Foreign Trade appointed under section 6 of the
Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised by him to grant
an authorisation including a duty credit scrip under the said Act;
(H) “Town of Export Excellence” (TEE) means a selected town producing goods of Rs. 750 Crore or
more based on potential of growth in exports. However, for TEE in handloom, handicraft, agriculture and
fisheries sector the threshold limit would be Rs.150 Crore.
Table 1
Karur, Kheda (Pithampur, District Dhar), Kota, Kundli, Loni (District Ghaziabad),
Ludhiana, Madurai, Malanpur, Mandideep (District Raisen), Marripalem Village (in
Edlapadu Taluk of District Guntur), Melapakkam Village (Arakkonam Taluk, Vellore
District) Miraj, Moradabad, Nagpur, Nasik, Nattakkam Village (Kottayam Taluk and
District), Patli (Gurgaon), Pimpri (Pune), Pitampur (Indore), Pondicherry, Raipur,
Rewari, Rudrapur (Nainital), Salem, Singanalur, Surat, Surajpur, Talegaon (District Pune),
Thudiyalur (Tamilnadu), Tirupur, Tondiarpet (TNPM) in Chennai, Tumb Village (Taluka
Umbergaon, District Valsad), Tuticorin, Udaipur, Vadodara, Varanasi, Veerapandi
(Tamilnadu) and Waluj (Aurangabad).
4. Land Agartala, Amritsar Rail Cargo, Attari Road, Changrabandha, Dawki, Ghojadanga, Hilli,
Customs Jogbani, Mahadipur, Nepalganj Road, Nautanva (Sonauli), Petrapole, Ranaghat,
Stations Raxaul, Singhabad and Sutarkhandi.
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods specified in the Table 1 annexed hereto, from,-
(i) the whole of the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act,
1975 (51 of 1975) , and
(ii) the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3 of the
said Customs Tariff Act, when specifically claimed by the importer.
2. The exemption under this notification shall be subject to the following conditions, namely:-
(1) that the goods imported are covered by a valid authorisation issued under the Export Promotion
Capital Goods (EPCG) Scheme in terms of Chapter 5 of the Foreign Trade Policy permitting import of goods
at zero customs duty;
(2) that the authorisation is registered at the port of import specified in the said authorisation and the
goods, which are specified in the Table 1 annexed hereto, are imported within eighteen months from the date
of issue of the said authorisation and the said authorisation is produced for debit by the proper officer of
customs at the time of clearance:
Provided that the benefit of import of capital goods at concessional duty under this notification for
creation of modern infrastructure shall be extended only to such retailers who have a minimum area of 1000
square metres:
Provided further that the catalyst for one subsequent charge shall be allowed, under the authorisation
in which plant, machinery or equipment and catalyst for initial charge have been imported, except in cases
where the Regional Authority issues a separate authorisation for catalyst for one subsequent charge after the
plant, machinery or equipment and catalyst for initial charge have already been imported;
(3) that the importer is not issued, in the year of issuance of zero duty EPCG authorisation, the duty
credit scrips under Status Holder Incentive Scrip (SHIS) scheme under para 3.16 of the Foreign Trade
Policy. In the case of applicant who is Common Service Provider (herein after referred as CSP), the CSP or
SECTION-I 91 CHAPTER-5
any of its specific users should not be issued, in the year of issuance of the zero duty EPCG authorisation, the
duty credit scrips under SHIS. This condition shall not apply where already availed SHIS benefit that is
unutilised is surrendered or where benefits availed under SHIS that is utilised is refunded, with applicable
interest, before issue of the zero duty EPCG authorisation. SHIS scrips which are surrendered or benefit
refunded or not issued in a particular year for the reason the authorisation has been issued in that year shall
not be issued in future years also;
(4) that the authorisation for annual requirement shall indicate export product to be exported under the
authorisation. The importer shall submit a Nexus Certificate from an independent Chartered Engineer (CEC)
in the format specified in Appendix 32A of HBP (vol. I) notified under the Foreign Trade Policy, certifying
nexus of imported capital goods with the export product, to the Customs authorities at the time of clearance
of imported capital goods. A copy of the CEC shall be submitted to the concerned Regional Authority
alongwith copy of the bill of entry, within thirty days from the date of import of the Capital Goods;
(5) that the goods imported shall not be disposed of or transferred by sale or lease or any other manner
till export obligation is complete;
(6) that the importer executes a bond in such form and for such sum and with such surety or security as
may be specified by the Deputy Commissioner of Customs or Assistant Commissioner of Customs binding
himself to comply with all the conditions of this notification as well as to fulfill export obligation on Free on
Board (FOB) basis equivalent to six times the duty saved on the goods imported as may be specified on the
authorisation, or for such higher sum as may be fixed or endorsed by the Regional Authority in terms of Para
5.10 of the Handbook of Procedures Vol I, issued under para 2.4 of the Foreign Trade Policy, within a period
of six years from the date of issue of Authorisation, in the following proportions, namely :-
S. No. Period from the date of issue Proportion of total export obligation
of Authorisation
(1) (2) (3)
1. Block of 1 st to 4 th year 50%
2. Block of 5 th to 6th year 50%
Provided that in case the authorisation is issued to a CSP, the CSP shall execute the bond with bank guarantee
and the bank guarantee shall be equivalent to 100% of the duty foregone, and the bank guarantee shall be
given by CSP or by anyone of the users or a combination thereof, at the option of the CSP:
Provided further that the export obligation shall be 75% of the normal export obligation specified above
when fulfilled by export of following green technology products, namely, equipment for solar energy
decentralised and grid connected products, bio-mass gassifier, bio-mass or waste boiler, vapour absorption
chillers, waste heat boiler, waste heat recovery units, unfired heat recovery steam generators, wind turbine,
solar collector and parts thereof, water treatment plants, wind mill and wind mill turbine or engine, other
generating sets - wind powered, electrically operated vehicles -motor cars, electrically operated vehicles -
lorries and trucks, electrically operated vehicles -motor cycle and mopeds, and solar cells:
Provided also that for units located in Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur, Meghalaya,
Mizoram, Nagaland, Sikkim and Tripura, the export obligation shall be 25% of the normal export obligation
specified above:
SECTION-I 92 CHAPTER-5
Provided also that spares (including refurbished or reconditioned spares), moulds, dies, jigs, fixtures, tools and
refractory for initial lining, for the existing plant and machinery (imported earlier, under EPCG or otherwise),
shall be allowed to be imported under the EPCG scheme subject to an export obligation equivalent to 50% of
the normal export obligation specified above in case of separate authorisation issued, subject to the condition
that the Cost, Insurance and Freight (CIF) value of import of the said spares etc. is limited to 10% of the CIF
value of the plant and machinery imported under the EPCG authorisation or 10% of the book value of the
plant and machinery imported earlier otherwise than under EPCG Scheme, as the case may be:
Provided also that where a sick unit is notified by the Board for Industrial and Financial Reconstruction
(BIFR) or where a rehabilitation scheme is announced by the concerned State Government in respect of sick
unit for its revival, the export obligation may be fulfilled within time period allowed by the Regional Authority
as per the rehabilitation package prepared by the operating agency and approved by BIFR or rehabilitation
department of State Government. In cases where the time period is not specified in the rehabilitation pack-
age, the export obligation may be fulfilled within the time period allowed by the Regional Authority which
shall not exceed nine years:
Provided also that where the capital goods are imported for technological upgradation as per conditions
specified in Para 5.8 of the Foreign Trade Policy, the export obligation shall be fixed equivalent to six times
the duty saved on the capital goods imported as may be specified on the authorization, or for such higher sum
as may be fixed by the Regional Authority, to be fulfilled within period of six years from the date of issue of
authorization under the said para:
Provided also that export obligation of a particular block may be set off against the excess exports made in
the said preceding block;
(7) that if the importer does not claim exemption from the additional duty leviable under sub-sections (1),
(3) and (5) of section 3 of the Customs Tariff Act, 1975, the additional duty so paid by him shall not be taken
for computation of the net duty saved for the purpose of fixation of export obligation provided the Cenvat
credit of additional duty paid has not been taken;
(8) that the importer, including a CSP, produces within 30 days from the expiry of each block from the
date of issue of authorisation or within such extended period as the Deputy Commissioner of Customs or
Assistant Commissioner of Customs may allow, evidence to the satisfaction of the Deputy Commissioner of
Customs or Assistant Commissioner of Customs showing the extent of export obligation fulfilled, and where
the export obligation of any particular block is not fulfilled in terms of the condition (6), the importer shall
within three months from the expiry of the said block pay duties of customs equal to an amount which bears
the same proportion to the duties leviable on the goods, but for the exemption contained herein, which the
unfulfilled portion of the export obligation bears to the total export obligation, together with interest at the rate
of 15% per annum from the date of clearance of the goods;
(9) that where the importer fulfills 75% or more of the export obligation as specified in condition (6) (
over and above 100% of the average export obligation) within half of the period specified for export obliga-
tion as mentioned in condition (6), his balance export obligation shall be condoned and he shall be treated to
have fulfilled the entire export obligation;
(10) that the capital goods imported, assembled or manufactured are installed in the importer’s factory or
premises and a certificate from the Deputy Commissioner of Customs or Assistant Commissioner of Cus-
SECTION-I 93 CHAPTER-5
toms having jurisdiction over importer's factory or premises, as the case may be, is produced confirming
installation and use of the capital goods in the importer's factory or premises, within six months from the date
of completion of imports or within such extended period as the Deputy Commissioner of Customs or Assis-
tant Commissioner of Customs at the port of registration, as the case may be, may allow :
Provided that in case of import of spares, the installation certificate shall be produced within three years from
the date of import:
Provided further that if the importer, including an importer who is a Common Service Provider (CSP), is not
registered with the Central Excise or if the importer is a service provider (other than a CSP), as the case may
be, he may produce the said certificate of installation and usage issued by an independent Chartered Engi-
neer:
Provided also that in the case of manufacturer exporter and merchant exporter having supporting
manufacturer(s) or vendor(s) or in the case of import of irrigation equipment for use in contract farming for
export of agricultural products or in the case of importer rendering services, the capital goods may be in-
stalled at the factory or premises of such other person whose name and address is endorsed on the authorisation
referred to in condition (1) and also on the shipping bills and where the bond for full difference of duty, if
necessary, in terms of condition (6) with or without a bank guarantee, as the case may be, is executed by the
importer and such other person binding themselves jointly and severally to fulfill the export obligation and all
other conditions of this notification and to pay duty with interest at the rate of 15% per annum in case of
default. This shall not apply to a CSP:
Provided also that agro units located in Agri Export Zones or service providers in Agri export Zones may
move the capital goods within the Agri Export Zones under intimation to the jurisdictional Deputy Commis-
sioner of Customs or Assistant Commissioner of Customs, as the case may be, subject to the condition that
the importer shall maintain accurate record of such movement;
(11) that the imports and exports are undertaken through the seaports, airports or through the Inland
Container Depots or through the Land Customs Stations as mentioned in the Table 2 annexed hereto or a
Special Economic Zone notified under section 4 of the Special Economic Zones Act, 2005 (28 of 2005):
Provided that the Commissioner of Customs may, by special order or a public notice and subject to such
conditions as may be specified by him, permit import and export through any other sea-port, airport, inland
container depot or through a land customs station within his jurisdiction;
(12) that notwithstanding anything contained in condition (6) above, where the Regional Authority grants
extension of block-wise period for any block(s) or overall period of fulfillment of export obligation up to a
period of two years or regularization of shortfall in export obligation, not exceeding five percent of such
export obligation, the said block-wise period or overall period of export obligation shall be extended or con-
doned by the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be:
Provided that in respect of sick units referred to in the fifth proviso to condition (6) above, extension of overall
period of export obligation shall not be allowed.
3. Where the goods specified in the Table 1 are found defective or unfit for use, the said goods may be
SECTION-I 94 CHAPTER-5
re-exported back to the foreign supplier within three years from date of payment of duty on the importation
thereof:
Provided that at the time of re-export, the goods are identified to the satisfaction of the Deputy Commissioner
of Customs or Assistant Commissioner of Customs, as the case may be, to be the same as the goods which
were imported.
(B) “Capital goods” has the same meaning as assigned to it in Paragraph of 9.12 of the Foreign Trade Policy
;
(C) “Common Service Provider” (CSP) means a service provider who is designated or certified as a Com-
mon Service Provider by the DGFT, Department of Commerce or State Industrial Infrastructural Corpora-
tion in a Town of Export Excellence;
(i) means obligation on the importer to export to a place outside India, goods manufactured or capable of
being manufactured or services rendered by the use of capital goods imported in terms of this notification and
the export obligation shall be over and above the average level of exports achieved by the importer in the
preceding three licensing years for the same and similar products within the overall export obligation period
including the extended period, if any and such average shall be the arithmetic mean of export performance in
the last three years for the same and similar products:
Provided that in case of export of goods relating to handicraft, handlooms, cottage, tiny sector, agriculture,
animal husbandry, floriculture, horticulture, pisciculture, viticulture, poultry, sericulture, carpet, coir and jute,
the importer shall not be required to maintain the average level of exports:
Provided also that in case of export of goods relating to aquaculture (including fisheries), the importer shall
not be required to maintain the average level of exports subject to the condition that EPCG authorisation has
been obtained for goods other than fishing trawlers, boats, ships and other similar items:
Provided also that the goods, excepting tools, imported under this notification by the aforesaid sectors, shall
not be allowed to be transferred for a period of five years from the date of imports even in cases where
export obligation has been fulfilled. Transfer of capital goods would, however, be permitted within the group
companies, after fulfillment of export obligation but before five years from the date of imports, under intima-
tion to Regional Authority and jurisdictional Central Excise Authority:
Provided also that exports made to such countries as notified by Director General of Foreign Trade, shall not
be counted for fixing the average level of exports:
Provided also that exports against only such shipping bills which mention the authorisation number and date of
the authorisation shall be counted for the fulfillment of the export obligation:
SECTION-I 95 CHAPTER-5
(i) the reference to ‘importer’ in this Explanation shall be taken to mean a reference to ‘ CSP and specific
users whose details are informed prior to export by CSP to the Regional Authority’;
(ii) for the exports by users of the common service to be counted towards fulfilment of export obligation of
CSP, the respective shipping bills of the users of common service shall contain the authorisation details of the
CSP and the concerned Regional Authority shall be informed about the details of the users prior to such
export; and
(iii) the exports counted against the authorisation in terms of this notification shall not be counted towards
fulfillment of other specific export obligations against all other authorisations issued under Chapter 5 of the
Foreign Trade Policy, including para 5.22 of Handbook of Procedures Volume 1 ;
(II) shall be fulfilled through physical exports and the export proceeds realised in freely convertible
currency. However the following categories of supplies, shall also be counted towards fulfillment of export
obligation:
(i) supply of goods against Advance Authorisation/Advance Authorisation for Annual Requirement/
Duty Free Import Authorisation (DFIA);
(ii) supply of goods to Export Oriented Units (EOUs) or Software Technology Parks (STPs) or Elec-
tronics Hardware Technology Parks (EHTPs) or Bio-Technology Parks (BTPs);
(iii) supply of goods to projects financed by multilateral or bilateral agencies or Funds as notified by the
Department of Economic Affairs (DEA), the Ministry of Finance (MOF) under International Competitive
Bidding (ICB) in accordance with procedures of those agencies or Funds, where legal agreements provide
for tender evaluation without including customs duty; supply and installation of goods and equipments (single
responsibility of turnkey contracts) to projects financed by multilateral or bilateral agencies or Funds as
notified by DEA, MOF under ICB, in accordance with procedures of those agencies/Funds, where bids may
have been invited and evaluated on the basis of Delivery Duty Paid (DDP) prices for goods manufactured
abroad;
(iv) supply of goods to any project or purpose in respect of which the Ministry of Finance, by a notifica-
tion, permits import of such goods at zero customs duty and the supply is made under ICB procedure;
(v) supply of goods to mega power projects as provided in sub-clause (ii) of clause (f) of para 8.2 of
Foreign Trade Policy;
(vi) supply of goods to nuclear power projects through competitive bidding as provided in clause (j) of
para 8.2 of Foreign Trade Policy;
(b) supply of ITA-1 items to Domestic Tariff Area, provided realization is in free foreign exchange;
SECTION-I 96 CHAPTER-5
(c) royalty payments received in freely convertible currency and foreign exchange received for Re-
search and Development (R&D) services; and
(d) payments received in rupee terms for port handling services in terms of chapter 9 of the Foreign
Trade Policy.
(E) “Foreign Trade Policy” means the Foreign Trade Policy, 2009-2014, published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (ii) vide notification number G.S.R. 1293 (E) of the Government
of India, Ministry of Commerce and Industry, Department of Commerce No.1 (RE – 2012) /2009-2014 dated
the 5 th June, 2012, as amended from time to time;
(F) “Handbook of Procedures, Volume 1” means the Handbook of Procedures Volume 1, 2009-14,
published in the Gazette of India, Extraordinary, Part I, Section 1 vide public notice of the Government of
India in the Ministry of Commerce and Industry, Department of Commerce, No.1 (RE – 2012) /2009-2014
dated the 5 th June, 2012, as amended from time to time;
(G) “Manufacture” has the same meaning as defined in clause (f) of section 2 of the Central Excise Act,
1944 (1 of 1944);
(H) “Regional Authority” means the Director General of Foreign Trade appointed under section 6 of the
Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised by him to grant
an authorisation including a duty credit scrip under the said Act;
(I) “Town of Export Excellence” (TEE) means a selected town producing goods of Rs. 750 Crore or
more based on potential of growth in exports. However, for TEE in handloom, handicraft, agriculture and
fisheries sector the threshold limit would be Rs.150 Crore.
Table 1
S. No. Description of goods
(1) (2)
1. Capital goods for pre-production, production and post production.
2. Capital goods in Semi Knocked Down (SKD) / Completely Knocked Down (CKD) condi-
tions to be assembled into capital goods by the importer.
3. Spare parts of CIF value upto 10% of the CIF value of goods specified at Serial Nos.1 and
2 as actually imported and required for maintenance of capital goods so imported, assembled,
or manufactured.
4. Spare parts of CIF value upto 10% of the book value of the existing plant and machinery of
the importer.
Table 2
S. Port, ICD, Located at
No. LCS
1. Seaports Bedi (including Rozi-Jamnagar), Chennai, Cochin, Dahej, Dhamra, Dharamtar, Dighi,
SECTION-I 97 CHAPTER-5
Exemption to goods when imported into India against a Post Export EPCG duty credit scrip EPCG
Scheme
[Notifn No.23/2013-Customs, dt. 18.4.2013 as amended by 29/13, 5/15, 36/16, 54/16, 8/17, 26/17,
3/18]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods when imported into India against a Post Export EPCG duty credit scrip issued by the Regional
Authority in accordance with paragraph 5.11 under Chapter 5 {Export Promotion Capital Goods (EPCG)
Scheme} of the Foreign Trade Policy which provides for duty remission in proportion to export obligation
fulfilled (hereinafter referred to as the said scrip) from,-
(a) the whole of the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act,
1975 (51 of 1975); and
SECTION-I 98 CHAPTER-5
(b) the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3 of the
said Customs Tariff Act.
2. The exemption under this notification shall be subject to the following conditions, namely:-
(1) that the said scrip is granted against a valid authorisation issued under para 5.22 of the Handbook of
Procedures Volume 1 (hereinafter referred to as the said authorisation) by the Regional Authority to an
applicant (hereinafter referred as the authorisation holder) who opted for the scheme of Post Export EPCG
Duty Credit Scrip:
Provided that the applicant is not issued, in the year of issuance of the said authorisation, the duty credit scrips
under Status Holders Incentive Scrip (SHIS) scheme under para 3.16 of the Foreign Trade Policy. In the
case of applicant who is Common Service Provider (herein after referred as CSP), the CSP or any of its
specific users should not be issued, in the year of issuance of the said authorisation, the duty credit scrips
under SHIS. This condition shall not apply where already availed SHIS benefit that is unutilised is surren-
dered or where benefits availed under SHIS that is utilised is refunded, with applicable interest, before issue
of the said authorisation. SHIS scrips which are surrendered or benefit refunded or not issued in a particular
year for the reason the said authorisation has been issued in that year shall not be issued in future years also;
(2) that the said authorisation is not for import under duty exemption but for import of the goods specified in
the Table 1 annexed hereto on full payment of applicable duties in cash;
(3) that the said authorisation is registered at the port of import specified in the said authorisation and the
goods, which are specified in the Table 1 annexed hereto, are imported within eighteen months from the date
of issue of the said authorisation on full payment of applicable duties in cash , and the said authorisation is
produced before the proper officer of customs at the time of clearance of the goods for endorsement of the
import particulars and in cases where the authorisation holder has opted that the Cenvat Credit under Cenvat
Credit Rules, 2004 in respect of the additional duty under sub-sections (1), (3) and (5) of section 3 of the
Customs Tariff Act , 1975 (51 of 1975) paid (hereinafter referred to as additional duty of customs) shall not
be taken, the proper officer endorses “ Not valid for Cenvat Credit” on the bill of entry:
Provided that the benefit of import of capital goods for creation of modern infrastructure shall be extended
only to such retailers who have a minimum area of 1000 square metres:
Provided further that catalyst for one subsequent charge shall be allowed, under the authorisation in which
plant, machinery or equipment and catalyst for initial charge have been imported, except in cases where the
Regional Authority issues a separate authorisation for catalyst for one subsequent charge after the plant,
machinery or equipment and catalyst for initial charge have already been imported;
(4) ) that the capital goods imported under the said authorisation are installed and put to use, after their import,
in the authorisation holder’s factory or premises and at the time of registration of the said scrip a certificate,
confirming such installation and use of the goods, from the Deputy Commissioner of Customs or Assistant
Commissioner of Customs having jurisdiction over authorization holders factory or premises, as the case may
be, which has been issued prior to the date of the first application filed by the authorisation holder for issuance
of duty credit scrip against the said authorisation, is produced before the Deputy Commissioner of Customs
or the Assistant Commissioner of Customs at the port of registration of the said scrip, as the case may be:
SECTION-I 99 CHAPTER-5
Provided that if the authorisation holder, including an authorisation holder who is a CSP, is not registered with
the Central Excise or if the authorisation holder is a service provider (other than a CSP), as the case may be
, he may produce the said certificate of installation and usage issued by an independent Chartered Engineer:
Provided further that in the case of manufacturer authorisation holder and merchant authorisation holder
having supporting manufacturer(s) or vendor(s) or in the case of import of irrigation equipment for use in
contract farming for export of agricultural products or in the case of authorisation holder rendering services
, the capital goods may be installed at the factory or premises of such other person whose name and address
is endorsed on the said authorisation and also on the shipping bills for fulfillment of the export obligation and
the authorisation holder and such other person jointly and severally fulfill the export obligation and all other
conditions. This shall not apply to a CSP:
Provided also that agro units located in Agri Export Zones or service providers in Agri export Zones may
move the capital goods within the Agri Export Zones under intimation to the jurisdictional Deputy Commis-
sioner of Customs or Assistant Commissioner of Customs, as the case may be, subject to the condition that
the importer shall maintain accurate record of such movement;
(5) that where the goods imported under the said authorisation are found defective or unfit for use, they may
be re-exported back to the foreign supplier within three years from the date of payment of duty on the
importation thereof subject to the condition that, -
(a) at the time of re-export the goods are identified to the satisfaction of the Deputy Commissioner of
Customs or Assistant Commissioner of Customs, as the case may be, to be the same goods which were
imported;
(b) when the re-export of the goods has been made under claim of duty drawback, no duty remission in
the form of duty credit scrip for the duty paid at the time of import on the re-exported goods shall be allowed;
(c) after any duty remission in the form of duty credit scrip has been claimed in respect of the duty paid
on the goods imported under the said authorisation, no duty drawback shall be allowed when the goods are re-
exported and the export obligation shall also not be re-fixed;
(6) that goods imported under the said authorisation are not disposed of or transferred by sale or lease or any
other manner by the authorisation holder till the date of last export against which the said scrip is issued;
(7) that the total export obligation to be fulfilled is equivalent to eighty five percent. (85%) of six times the
amount which is the sum of applicable duty of customs under the First Schedule to the Customs Tariff Act,
1975 (51 of 1975) paid (hereinafter referred to as basic customs duty), additional duty of customs, Education
Cess under section 94 of the Finance (No.2) Act, 2004 (23 of 2004) paid and Secondary and Higher Educa-
tion Cess under section 136 of the Finance Act, 2007 (22 of 2007) paid on goods imported under the said
authorisation, on Free On Board basis, which is to be fulfilled within an export obligation period of six years
from the date of issue of the said authorisation:
Provided that additional duty of customs shall not be taken for computation for the purpose of fixation of
export obligation when the Cenvat Credit in respect of additional duty of customs has not been taken:
Provided further that the export obligation shall be 75% of the export obligation specified above when fulfilled
SECTION-I 100 CHAPTER-5
by export of following green technology products, namely, equipment for solar energy decentralised and grid
connected products, bio-mass gassifier, bio-mass or waste boiler, vapour absorption chillers, waste heat
boiler, waste heat recovery units, unfired heat recovery steam generators, wind turbine, solar collector and
parts thereof, water treatment plants, wind mill and wind mill turbine or engine, other generating sets - wind
powered, electrically operated vehicles- motor cars, electrically operated vehicles-lorries and trucks, electri-
cally operated vehicles - motor cycle and mopeds, and solar cells:
Provided also that for units located in Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur, Meghalaya,
Mizoram, Nagaland, Sikkim and Tripura, the export obligation shall be 25% of the export obligation specified
above:
Provided also that where a sick unit is notified by the Board for Industrial and Financial Reconstruction
(BIFR) or where a rehabilitation scheme is announced by the concerned State Government in respect of sick
unit for its revival, the export obligation may be fulfilled within the time period allowed by the Regional
Authority as per the rehabilitation package prepared by the operating agency and approved by BIFR or
rehabilitation department of State Government. In cases where the time period is not specified in the rehabili-
tation package, the export obligation may be fulfilled within the time period allowed by the Regional Authority
which shall not exceed nine years:
Provided also that where the capital goods are imported for technological upgradation as per conditions
specified in Para 5.8 of the Foreign Trade Policy, the export obligation shall be fulfilled within a period of six
years from the date of issue of authorization under the said para:
Provided also that the export obligation shall be 50% of the export obligation specified above in the case of
separate authorisation for spares (including refurbished/reconditioned spares), moulds, dies, jigs, fixtures,
tools and refractory for initial lining, for the existing plant and machinery (imported earlier, under para 5.22 of
Handbook of Procedures Volume 1 or otherwise), in which the CIF value of import of the above spares, etc
is limited to 10% of the CIF value of the plant and machinery imported under the authorisation ( para 5.22 of
Handbook of Procedures Volume 1 ) or 10% of the book value of the plant and machinery imported earlier
otherwise than under para 5.22 of Handbook of Procedures Volume 1 , as the case may be;
(8) that the duty remission granted as duty credit in the said scrip bears the same proportion to the amount
which is the basic customs duty on the goods imported under the said authorisation which were considered
for fixation of export obligation, as the extent of export obligation fulfilled (over and above the average export
obligation) bears to the total export obligation:
(a) the amount of duty remission shall not include the duty paid, any portion of which has been rebated,
including by way of duty drawback;
(b) the amount of duty remission shall not include the duty paid which are not assessed finally;
(c) extent of export obligation fulfilled shall be the export obligation fulfilled till the last export included in
the said scrip less the export obligations fulfilled that have been counted towards the previously issued duty
credit scrips against the said authorisation;
SECTION-I 101 CHAPTER-5
(d) in condition (c) above, the export obligation fulfilled till the last export included in the said scrip shall
be taken as the total export obligation fulfilled in the following cases -
(i) where the authorisation holder fulfills seventy five percent. (75%) or more of the export obligation as
specified in condition (7) [over and above hundred percent. (100%) of the average export obligation], within
half of the period specified for export obligation as mentioned in said condition (7), in which case the balance
export obligation shall stand condoned;
(ii) where the Regional Authority regularises shortfall, in the export obligation as specified in condition
(7), not exceeding five per cent. (5%) of such export obligation, in which case the said shortfall shall be
condoned;
(e) the Explanation 2 to this notification relating to ‘Export obligation’ shall apply severally to each duty
credit scrip, including the said scrip, issued against the said authorisation;
(f) the exports and supplies made within the export obligation period specified in condition (7) shall count
towards fulfillment of export obligation;
(g) for fulfillment of export obligation, the payments against exports/supplies should have been realised.
(9) that where the first proviso to condition (7) is applied, the Cenvat Credit in respect of additional duty of
customs shall not been taken and at the time of registration of the said scrip a certificate, from the jurisdic-
tional Deputy Commissioner of Central Excise or Assistant Commissioner of Central Excise, as the case may
be, to the effect that Cenvat Credit in respect of additional duty of customs on goods imported under the said
authorisation has not been taken, is produced by the authorisation holder before the Deputy Commissioner of
Customs or the Assistant Commissioner of Customs, as the case may be :
Provided that when the authorisation holder is not registered with Central Excise, he may produce the said
certificate on self-certification basis;
(10) that the duty remission in the said scrip does not relate to duties paid on the imports made under the said
authorisation which have not been installed and put to use;
(11) that the duty remission in the said scrip has not been obtained as a consequence of indigenous sourcing
of capital goods;
(12) that the said scrip is issued, on request of the authorisation holder in form ANF5B for duty remission, by
the Regional Authority specifying the same port of registration as mentioned in the said authorisation and it
indicates d etails of the said authorisation, total export obligation fixed and its calculation, details of previous
duty credit scrips issued against the said authorisation and the calculation of duty credit;
(13) that the imports under the said authorisation, the exports for fulfilling the export obligations and import of
goods against the said scrip are undertaken through the seaports, airports or through the Inland Container
Depots or through the Land Customs Stations as mentioned in the Table 2 annexed hereto or a Special
Economic Zone notified under section 4 of the Special Economic Zones Act, 2005 (28 of 2005):
Provided that the Commissioner of Customs may, by special order or a public notice and subject to such
conditions as may be specified by him, permit import and export through any other seaport, airport, inland
container depot or through a land customs station within his jurisdiction;
SECTION-I 102 CHAPTER-5
(14) that for the purposes of registration, the said scrip is produced by the authorisation holder at the specified
port of registration before the Deputy Commissioner of Customs or the Assistant Commissioner of Customs,
as the case may be, along with -
(a) the said authorisation and the bill(s) of entry under which the imports under the said authorisation were
made on payment of applicable duties in cash;
(b) evidence showing the extent of export obligation fulfilled within the export obligation period;
(c) certificate confirming installation and use as prescribed in condition (4) above;
(d) certificate that Cenvat Credit has not been taken as prescribed in condition (9) above, where applicable;
(e) u ndertaking from the authorisation holder to the effect that,-
(i) the goods imported under the said authorisation have not been disposed of or transferred by sale or
lease or any other manner till the date of last export against which the said scrip is issued;
(ii) the duty remission in the said scrip does not include the duty paid, any portion of which has been
rebated, including by way of duty drawback; and
(iii) all the conditions have been complied with respect to the duty credit in the said scrip, and the said
Deputy Commissioner or Assistant Commissioner, as the case may be, upon being satisfied, allows the said
scrip to be registered and the Customs authority endorses details of the said scrip and the remark “Drawback
not available on re-export” on the bill(s) of entry, and registers the said scrip;
(15) that the said scrip and goods imported against it shall be freely transferable;
(16) that the said scrip is produced before the proper officer of customs at the time of clearance for debit of
the duties leviable on the goods and the proper officer taking into account the debits already made under this
exemption and the debits made under the notification No. 14 of 2013- Central Excise , dated the 18th April,
2013 the duties leviable on the goods, but for this exemption;
(17 ) that the validity of the said scrip shall be eighteen months from the date of issue and the said scrip shall
be valid on the date on which actual debit of duty is made;
(18) that where the importer, under this notification, does not claim exemption from the additional duty of
customs leviable under sub-sections (1), (3) and (5) of section 3 of the Customs Tariff Act, 1975 (51 of 1975)
he shall be deemed not to have availed the benefit under this notification for the purpose of calculation of the
said additional duty of customs;
(19) that the benefit under this notification shall not be available to the items listed in Appendix 37B of the
Handbook of Procedures Volume 1;
(20 ) that the importer shall be entitled to avail of the drawback or Cenvat credit of additional duty leviable
under sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff Act against the amount debited in
the said scrip.
Explanation 2. -For the purpose of this notification, -
(A) “Capital goods” has the same meaning as assigned to it in Paragraph of 9.12 of the Foreign Trade
Policy ;
SECTION-I 103 CHAPTER-5
(B) “Common Service Provider” (CSP) means a service provider who is designated or certified as a Com-
mon Service Provider by the Director General of Foreign Trade (DGFT), Department of Commerce or State
Industrial Infrastructural Corporation in a Town of Export Excellence;
(C) “Export obligation”,-
(I) means obligation on the authorisation holder to export to a place outside India, goods manufactured or
capable of being manufactured or services rendered by the use of capital goods imported under the said
authorisation and the export obligation shall be over and above the average level of exports achieved by the
authorisation holder in the preceding three licensing years for the same and similar products within the export
obligation period and such average shall be the arithmetic mean of export performance in the last three years
for the same and similar products:
Provided that in case of export of goods relating to handicraft, handlooms, cottage, tiny sector, agriculture,
animal husbandry, floriculture, horticulture, pisciculture, viticulture, poultry, sericulture, carpet, coir and jute,
the authorisation holder shall not be required to maintain the average level of exports:
Provided also that in case of export of goods relating to aquaculture (including fisheries), the authorisation
holder shall not be required to maintain the average level of exports subject to the condition that said authorisation
has been obtained for goods other than fishing trawlers, boats, ships and other similar items:
Provided also that the goods, excepting tools, imported under said authorisation by the aforesaid sectors, shall
not be allowed to be transferred for a period of five years from the date of imports even in cases where
export obligation has been fulfilled. Transfer of capital goods would, however, be permitted within the group
companies, after fulfillment of export obligation but before five years from the date of imports, under intima-
tion to Regional Authority and jurisdictional Central Excise Authority:
Provided also that exports made to such countries as notified by Director General of Foreign Trade, shall not
be counted for fixing the average level of exports:
Provided also that exports against only such shipping bills which mention the authorisation number and date of
the said authorisation shall be counted for the fulfillment of the export obligation;
(i) the reference to ‘authorisation holder’ in this Explanation shall be taken to mean a reference to ‘ CSP
and specific users whose details are informed prior to export by CSP to the Regional Authority’;
(ii) for the exports by users of the common service to be counted towards fulfilment of export obligation
of CSP, the respective shipping bills of the users of common service shall contain the authorisation details of
the CSP and the concerned Regional Authority shall be informed about the details of the users prior to such
export; and
(iii) the exports counted against the authorisation shall not be counted towards fulfillment of other spe-
cific export obligations against all other authorisations issued under Chapter 5 of the Foreign Trade Policy,
including para 5.22 of Handbook of Procedures Volume 1 ;
(II) shall be fulfilled through physical exports and the export proceeds realised in freely convertible
currency. However the following categories of supplies, shall also be counted towards fulfillment of export
obligation:
SECTION-I 104 CHAPTER-5
(D) “Foreign Trade Policy” means the Foreign Trade Policy, 2009-2014, published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (ii) vide notification number G.S.R. 1293 (E) of the Government
of India, Ministry of Commerce and Industry, Department of Commerce No.1 (RE – 2012) /2009-2014 dated
the 5 th June, 2012, as amended from time to time;
(E) “Handbook of Procedures, Volume 1” means the Handbook of Procedures Volume 1, 2009-14, published
in the Gazette of India, Extraordinary, Part I, Section 1 vide public notice of the Government of India in the
Ministry of Commerce and Industry, Department of Commerce, No.1 (RE – 2012) /2009-2014 dated the 5 th
June, 2012, as amended from time to time;
(F) “Manufacture” has the same meaning as defined in clause (f) of section 2 of the Central Excise Act, 1944
(1 of 1944);
(G) “Regional Authority” means the Director General of Foreign Trade appointed under section 6 of the
Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised by him to grant
an authorisation including a duty credit scrip under the said Act;
(H) “Town of Export Excellence” (TEE) means a selected town producing goods of Rs. 750 Crore or more
SECTION-I 105 CHAPTER-5
based on potential of growth in exports. However, for TEE in handloom, handicraft, agriculture and fisheries
sector the threshold limit would be Rs.150 Crore.
Table 1
S. No. Description of goods
1. Capital goods for pre-production, production and post-production.
2. Capital goods in Semi Knocked Down (SKD)/Completely Knocked Down (CKD) condi-
tions to be assembled into capital goods by the authorisation holder.
3. Spare parts of CIF value upto 10% of the CIF value of goods specified at Serial Nos.1 and
2 as actually imported and required for maintenance of capital goods so imported, assembled,
or manufactured.
4. Spare parts of CIF value upto 10% of the book value of the existing plant and machinery of
the authorisation holder.
Table 2
S.No. Port, ICD, LCS Located at
1. Seaports Bedi (including Rozi-Jamnagar), Chennai, Cochin, Dahej, Dhamra, Dharamtar, Dighi,
Haldia (Haldia Dock Complex of Kolkata Port), Hazira (Surat), Kakinada, Kandla,
Kattupalli (Tamilnadu), Kolkata, Krishnapatnam, Ennore (Tamilnadu) and Karaikal
(Union territory of Puducherry) , Magdalla, Mangalore, Marmagoa, Muldwarka,
Mumbai,Mundhra, Nagapattinam, Nhava Sheva, Okha, Paradeep, Pipavav, Porbander,
Sikka, Tuticorin, Visakhapatnam and Vadinar.
2. Airports Ahmedabad, Bangalore, Bhubaneswar, Calicut, Chennai, Cochin, Coimbatore, Dabolim
(Goa), Delhi, Hyderabad, Indore, Jaipur, Kolkata, Lucknow (Amausi), Mumbai, Nagpur,
Rajasansi (Amritsar), Srinagar, Trivandrum, Varanasi and Visakhapatnam.
3. Inland Agra, Ahmedabad, Anaparthy (Andhra Pradesh), Babarpur, Bangalore, Bhadohi,
Bhatinda, Container Bhilwara, Bhiwadi, Bhusawal, Chettipalayam (Tamilnadu),
Chheharata (Amritsar), Coimbatore, Depots Dadri, Dappar (Dera Bassi),
Daulatabad (Wanjarwadi and Maliwada), Delhi, Dhannad Rau (District Indore), Dighi
(Pune), Durgapur (Export Promotion Industrial Park), Faridabad, Garhi Harsaru, Gauhati,
Guntur, Hosur (Tamil Nadu), Hyderabad, Irugur Village (Tamilnadu), Irungattukottai
(SIPCOT Industrial Park, Kattrambakkam Village, Sriperumbudur Taluk, Kanchipuram
District, Tamilnadu), Jaipur, Jallandhar, Jamshedpur, Jodhpur, Kalinganagar, Kanpur,
Karur, Kheda (Pithampur, District Dhar), Kota, Kundli, Loni (District Ghaziabad),
Ludhiana, Madurai, Malanpur, Mandideep (District Raisen), Marripalem Village (in
Edlapadu Taluk of District Guntur), Melapakkam Village (Arakkonam Taluk, Vellore
District) Miraj, Moradabad, Nagpur, Nasik, Nattakkam Village (Kottayam Taluk and
District), Patli (Gurgaon), Pimpri (Pune), Pitampur (Indore), Pondicherry, Raipur,
Rewari, Rudrapur (Nainital), Salem, Singanalur, Surat, Surajpur, Talegaon (District Pune),
Thudiyalur (Tamilnadu), Tirupur, Tondiarpet (TNPM) in Chennai, Tumb Village (Taluka
Umbergaon, District Valsad), Tuticorin, Udaipur, Vadodara, Varanasi, Veerapandi
(Tamilnadu) and Waluj (Aurangabad).
4. Land Agartala, Amritsar Rail Cargo, Attari Road, Changrabandha, Dawki, Ghojadanga, Hilli,
Customs Jogbani, Mahadipur, Nepalganj Road, Nautanva (Sonauli), Petrapole, Ranaghat,
Singhabad Raxaul, and Stations Sutarkhandi.
SECTION-II 106 CHAPTER-6
SECTION II
VEGETABLE PRODUCTS
NOTE :
In this Section, the term “pellets” means products which have been agglomerated either directly by
compression or by the addition of a binder in a proportion not exceeding 3 (percent) by weight.
CHAPTER 6
Live trees and other plants ; bulbs, roots and the like ; cut flowers and
ornamental foliage
NOTES :
1. Subject to the second part of heading 0601, this Chapter covers only live trees and goods (including
seedling vegetables) of a kind commonly supplied by nursery gardeners or florists for planting or for
ornamental use; nevertheless it does not include potatoes, onions, shallots, garlic or other products of Chapter
7.
2. Any reference in heading 0603 or 0604 to goods of any kind shall be construed as including a
reference to bouquets, floral baskets, wreaths and similar articles made wholly or partly of goods of that
kind, account not being taken of accessories of other materials. However, these headings do not include
collages or similar decorative plaques of heading 9701.
CHAPTER 7
Edible vegetables and certain roots and tubers
NOTES :
1. This Chapter does not cover forage products of heading 1214.
2. In headings 0709, 0710, 0711 and 0712, the word “vegetables” includes edible mushrooms, truffles,
olives, capers, marrows, pumpkins, aubergines, sweet corn (Zea mays var. saccharata), fruits of the genus
Capsicum or of the genus Pimenta, fennel, parsley, chervil, tarragon, cress and sweet marjoram (Majorana
hortensis or Origanum majorana).
3. Heading 0712 covers all dried vegetables of the kinds falling in headings 0701 to 0711, other than :
(a) dried leguminous vegetables, shelled (heading 0713);
(b) sweet corn in the forms specified in headings 1102 to 1104;
(c) flour, meal, powder, flakes, granules and pellets of potatoes (heading 1105);
(d) flour, meal and powder of the dried leguminous vegetables of heading 0713 (heading 1106).
4. However, dried or crushed or ground fruits of the genus Capsicum or of the genus Pimenta are
excluded from this Chapter (heading 0904).
Fresh garlic falling under tariff item 0703 20 00 in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) when imported
by the National Consumer Co-operative Federation and the Madhya Pradesh State Co-operative marketing Federation under an
import licence issued by the Central Government and cleared after the 15th day of January, 2003 is exempted from so much of
the duty of Customs as is in excess of thirty per cent. ad valorem.
[vide sec. 56 read with Third Schedule to the Finance Act, 2011 (8 of 2011)]
SECTION-II 113 CHAPTER-8
CHAPTER 8
Edible fruit and nuts; peel of citrus fruit or melons
NOTES :
1. This Chapter does not cover inedible nuts or fruits.
2. Chilled fruits and nuts are to be classified in the same headings as the correspon-ding fresh fruits
and nuts.
3. Dried fruit or dried nuts of this Chapter may be partially rehydrated, or treated for the following
purposes:
(a) for additional preservation or stabilisation (for example, by moderate heat treatment, sulphuring,
the addition of sorbic acid or potassium sorbate);
(b) to improve or maintain their appearance (for example, by the addition of vegetable oil or
small quantities of glucose syrup), provided that they retain the character of dried fruit or dried nuts.
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby
exempts the goods of the description specified in column (3) of the Table given below and falling under the
Heading, or Tariff item of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), as specified in the
corresponding entry in column (2) of the said Table, from so much of the duty of customs leviable thereon,
as is in excess of the amount calculated at the rate specified in the corresponding entry in column (4) of the
said Table, subject to the conditions, specified in the Annexure to this notification, the condition number of
which is mentioned in the corresponding entry in column (5) of the said Table.
Explanation:- For the purposes of this notification, the rate specified in column (4) is ad valorem rate.
Table
S.No. Heading or Description of goods Rate Condition
tariff item
(1) (2) (3) (4) (5)
1 0801 11 00 Desiccated Coconut upto an aggregate 30% 1
quantity of five hundred metric tonnes
of total imports of such goods in a
financial year.
2 0904 Pepper upto an aggregate quantity of Nil 1 and 2
two thousand five hundred metric
tonnes of total imports of such goods
in a financial year.
3 1516, 1517 Vanaspati, bakery shortening and Nil 1 and 2
or 1518 margarine upto an aggregate quantity
of two lakh and fifty thousand metric
tonnes of total imports of such goods
in a financial year.
ANNEXURE
Conditions
1 The importer proves to the satisfaction of the Deputy Commissioner of Customs or the Assistant
Commissioner of Customs, as the case may be, that the goods in respect of which the benefit of this
exemption is claimed are of the origin of Democratic Socialist Republic of Sri Lanka in accordance
with the Customs Tariff (Determination of Origin under the Free Trade Agreement between the
Democratic Socialist Republic of Sri Lanka and the Republic of India) Rules, 2000 published in the
notification of Government of India in the Ministry of Finance (Department of Revenue), No. 19/
2000-Customs (N.T.), dated the 1st March,2000.
2 The quantum of imports, during the period from the 1st day of April, 2006 to the date of issue of this
notification, shall be included for the purposes of computing the aggregate quantity of imports into
India, for the financial year 2006-07.
SECTION-II 119 CHAPTER-9
CHAPTER 9
Coffee, tea, mate and spices
NOTES :
1. Mixtures of the products of headings 0904 to 0910 are to be classified as follows:
(a) mixtures of two or more of the products of the same heading are to be classified in that
heading;
(b) mixtures of two or more of the products of different headings are to be classified in heading
0910.
The addition of other substances to the products of headings 0904 to 0910 [or to the mixtures
referred to in paragraph (a) or (b) above] shall not affect their classification provided the resulting
mixtures retain the essential character of the goods of those heading. Otherwise such mixtures are not
classified in this Chapter; those constituting mixed condiments or mixed seasonings are classified in
heading 2103.
2. This Chapter does not cover Cubeb pepper (Piper cubeba) or other products of heading 1211.
SUPPLEMENTARY NOTES :
(1) Heading 0901 includes coffee in powder form.
(2) “Spice” means a group of vegetable products (including seeds, etc.), rich in essential oils
and aromatic principles, and which, because of their characteristic taste, are mainly used as condiments.
These products may be whole or in crushed or powdered form.
(3) The addition of other substances to spices shall not affect their inclusion in spices provided
the resulting mixtures retain the essential character of spices and spices also include products commonly
known as “masalas”.
________________________________________________________________________________________________
0905 íí VANILLA
0905 10 00 íí - Neither crushed nor ground kg. 30% -
0905 20 00 í- Crushed or ground kg. 30% -
________________________________________________________________________________________________
0906 CINNAMON AND CINNAMON-TREE FLOWERS
ííí- Neither crushed nor ground:
0906 11 í-- Cinnamon (Cinnamomum Zeylanicum Blume) kg. 30% 22.5%
0906 11 10 í--- Cinnamon bark kg. 30% 22.5%
0906 11 20 í--- Cinnamon tree flowers kg. 30% 22.5%
0906 11 90 í--- Other kg. 30% 22.5%
0906 19ííí____------ Other:
0906 19 10 ííí- cassia kg. 30% 22.5%
0906 19 90 ííí- other kg. 30% 22.5%
0906 20 00 ííí- Crushed or ground kg. 30% 22.5%
________________________________________________________________________________________________
0907 CLOVES (WHOLE FRUIT, CLOVES AND STEMS)
0907 10 í- Neither crushed nor ground :
0907 10 10 í--- Extracted kg. 70% 62.5%
0907 10 20 í--- Not Extracted (other than stem) kg. 70% 62.5%
0907 10 30 í--- Stem kg. 70% 62.5%
0907 10 90 --- Other kg. 70% 62.5%
EXEMPTION NOTIFICATIONS
For exemption to specified goods of chapter 9 when imported from the transitional Islamic State
of Afghanistan see Notfn. No. 76/03 - Cus. dt. 13.5.2003
1 Imposed (w.e.f. 1.3.2003) vide s. 128 read with Fourth Schedule to the Finance Act, 2003 (32 of 2003).
2 Vide Section 128 of the Finance Act, 2003 (32 of 2003).
Note 2: The additional duty of customs chargeable under section 128(1) of the Finance Act, 2003 shall be
in addition to any other duties of customs chargeable on such goods under the Customs Act or any other law
for the time being in force.2
Note 3: The provisions of the Customs Act and the rules and regulation made thereunder, including those
relating to refunds and exemptions from duties and imposition of penalty, shall, as for as may be, apply in
relation to the levy and collection of the additional duty of customs leviable under this section in respect of
the goods specified in the Fourth Schedule as they apply in relation to the levy and collection of the duties
of customs on such goods under that Act or those rules and regulation, as the case may be. 2
CHAPTER 10
Cereals
NOTES :
1. (A) The products specified in the headings of this Chapter are to be classified in those headings only
if grains are present, whether or not in the ear or on the stalk.
(B) The Chapter does not cover grains which have been hulled or otherwise worked. However, rice,
husked, milled, polished, glazed, parboiled or broken remains classified in heading 1006.
2. Heading 1005 does not cover sweet corn (Chapter 7).
SUB-HEADING NOTE :
The term “Durum wheat” means wheat of the Triticum durum species and the hybrids derived from
the inter-specific crossing of Triticum durum which have the same number (28) of chromosomes as that
species.
________________________________________________________________________________________________
1002 RYE
1002 10 00 - Seed kg. Free -
1002 90 00 - Other kg. Free -
________________________________________________________________________________________________
1003 B ARLEY
1003 10 00 - Seed kg. Free -
1003 90 00 - Other kg. Free -
________________________________________________________________________________________________
1004 O ATS
1004 10 00 - Seed kg. Free -
1004 90 00 - Other kg. Free -
________________________________________________________________________________________________
SECTION-II 129 CHAPTER-10
1008 10 - Buckwheat :
1008 10 10 --- Of seed quality kg. Free -
1008 10 90 --- Other kg. Free -
- Millet
1008 21 -- Seed:
1008 21 10 --- Jawar kg. 70%
1008 21 20 --- Bajra kg. 70%
1008 21 30 --- Ragi kg. 70% -
1008 29 -- Other:
1008 29 10 --- Jawar kg. 70% -
1008 29 20 --- Bajra kg. 70% -
1008 29 30 --- Ragi kg. 70% -
1008 30 - Canary seeds:
1008 30 10 --- of seed quality Kg. Free -
1008 30 90 --- other Kg. Free -
1008 40 00 - Fonio (Digitaria spp.) kg. Free -
SECTION-II 130 CHAPTER-10
CHAPTER 11
Products of the milling industry; malt; starches; inulin; wheat gluten
Notes:
1. This Chapter does not cover :
(a) roasted malt put up as coffee substitutes (heading 0901 or 2101);
(b) prepared flours, groats, meals or starches of heading 1901;
(c) corn flakes or other products of heading 1904;
(d) vegetables, prepared or preserved, of heading 2001, 2004 or 2005;
(e) pharmaceutical products (Chapter 30); or
(f) starches having the character of perfumery, cosmetic or toilet preparations (Chapter
33).
2. (A) Products from the milling of the cereals listed in the table below fall in this Chapter if they have,
by weight on the dry product :
(a) a starch content (determined by the modified Ewers polarimetric method) exceeding that indicated
in column (2); and
(b) an ash content (after deduction of any added minerals) not exceeding that indicated in column
(3).
Otherwise, they fall in heading 2302. However, germ of cereals, whole, rolled, flaked or ground, is always
classified in heading 1104.
(B) Products falling in this Chapter under the above provisions shall be classified in heading 1101
or 1102 if the percentage passing through a woven metal wire cloth sieve with the aperture indicated in
column (4) or (5) is not less, by weight, than that shown against the cereal concerned.
Otherwise, they fall in heading 1103 or 1104.
Cereal Starch Ash Rate of passage through a sieve with an
content content aperture of
315 500
micrometres micrometres
(microns) (microns)
(1) (2) (3) (4) (5)
CHAPTER 12
Oil seeds and oleaginous fruits, miscellaneous grains,
seeds and fruit; industrial or medicinal plants; straw and fodder
NOTES :
1. Heading 1207 applies, inter alia, to palm nuts and kernels, cotton seeds, castor oil seeds, sesamum
seeds, mustard seeds, safflower seeds, poppy seeds and shea nuts (karite nuts). It does not apply to products
of heading 0801 or 0802 or to olives (Chapter 7 or Chapter 20).
2. Heading 1208 applies not only to non-defatted flours and meals but also to flours and meals which
have been partially defatted or defatted and wholly or partially refatted with their original oils. It does not,
however, apply to residues of headings 2304 to 2306.
3. For the purposes of heading 1209, beet seeds, grass and other herbage seeds, seeds of ornamental
flowers, vegetable seeds, seeds of forest trees, seeds of fruit trees, seeds of vetches (other than those of the
species Vicia faba) or of lupines are to be regarded as “seeds of a kind used for sowing”.
Heading 1209 does not, however, apply to the following even if for sowing :
(a) leguminous vegetables or sweet corn (Chapter 7);
(b) spices or other products of Chapter 9;
(c) cereals (Chapter 10); or
(d) products of headings 1201 to 1207 or 1211.
4. Heading 1211 applies, inter alia, to the following plants or parts thereof: basil, borage, ginseng,
hyssop, liquorice, all species of mint, rosemary, rue, sage and wormwood.
Heading 1211 does not, however, apply to :
(a) medicaments of Chapter 30;
(b) perfumery, cosmetic or toilet preparations of Chapter 33; or
(c) insecticides, fungicides, herbicides, disinfectants or similar products of heading 3808.
5. For the purposes of heading 1212, the term “seaweeds and other algae” does not include :
(a) dead single-cell micro-organisms of heading 2102;
(b) cultures of micro-organisms of heading 3002; or
(c) fertilizers of heading 3101 or 3105.
SUB-HEADING NOTE :
For the purposes of sub-heading 1205 10, the expression “low erucic acid rape or colza seeds” means
rape or colza seeds yielding a fixed oil which has an erucic acid content of less than 2% by weight and
yielding a solid component which contains less than 30 micromoles of glucosinolates per gram.
SECTION-II 135 CHAPTER-12
1202 30 - Seed:
1202 30 10 - - - H. P. S. kg. 30% 20%
1202 30 90 - -- Other kg. 30% 20%
- Other:
1202 41 - - In shell:
1202 41 10 - - - H.P.S. kg. 30% 20%
1202 41 90 - -- Other kg. 30% 20%
1202 42 - - Shelled, whether or not broken:
1202 42 10 - - - Kernels, H.P.S. kg. 30% 20%
1202 42 20 - - - Kernels,other kg. 30% 20%
1202 42 90 - - - Other kg. 30% 20%
________________________________________________________________________________________________
1203 00 00 COPRA kg. 70% 60%
________________________________________________________________________________________________
1204 ííí- LINSEED, WHETHER OR NOT BROKEN
1204 00 ííí- Linseed, whether or not broken:
1204 00 10 í--- Of seed quality kg. 30% 20%
1204 00 90 í--- Other kg. 30% 20%
________________________________________________________________________________________________
1205 RAPE OR COLZA SEEDS, WHETHER OR NOT BROKEN
1205 10 00 ííí- Low erucic acid rape or colza seeds kg. 30% 20%
1205 90 00 ííí- Other kg. 30% 20%
________________________________________________________________________________________________
1206 ííí- SUNFLOWER SEEDS, WHETHER OR NOT BROKEN
1206 00 ííí- Sunflower seeds, whether or not broken:
1206 00 10 í--- Of seed quality kg. 30% 20%
1206 00 90 í--- Other kg. 30% 20%
________________________________________________________________________________________________
1207 OTHER OIL SEEDS AND OLEAGINOUS FRUITS,
WHETHER OR NOT BROKEN
1207 10 - Palm nuts and kernels:
1207 10 10 - - - Palm nuts kg. 30% 20%
SECTION-II 136 CHAPTER-12
EXEMPTION NOTIFICATIONS
CHAPTER 13
Lac; gums, resins and other vegetable saps and extracts
NOTE :
Heading 1302 applies, inter alia, to liquorice extract and extract of pyrethrum, extract of hops, extract
of aloes and opium.
The heading does not apply to:
(a) liquorice extract containing more than 10% by weight of sucrose or put up as confectionery
(heading 1704);
(b) malt extract (heading 1901);
(c) extracts of coffee, tea or mate (heading 2101);
(d) vegetable saps or extracts constituting alcoholic beverages (Chapter 22);
(e) camphor, glycyrrhizin or other products of heading 2914 or 2938;
(f) concentrates of poppy straw containing not less than 50% by weight of alkaloids (heading
2939);
(g) medicaments of heading 3003 or 3004 or blood - grouping reagents (heading 3006);
(h) tanning or dyeing extracts (heading 3201 or 3203);
(i) essential oils, concretes, absolutes, resinoids, extracted oleoresins, aqueous distillates or aqueous
solutions of essential oils or preparations based on odoriferous substances of a kind used for the
manufacture of beverages (Chapter 33); or
(j) natural rubber, balata, gutta-percha, guayule, chicle or similar natural gums (heading 4001).
EXEMPTION NOTIFICATIONS
CHAPTER 14
Vegetable plaiting materials; vegetable products not elsewhere specified or included
NOTES :
1. This Chapter does not cover the following products which are to be classified in Section XI : vegetable
materials or fibres of vegetable materials of a kind used primarily in the manufacture of textiles, however
prepared, or other vegetable materials which have undergone treatment so as to render them suitable for use
only as textile materials.
2. Heading 1401 applies, inter alia, to bamboos (whether or not split, sawn lengthwise, cut to length,
rounded at the ends, bleached, rendered non-inflammable, polished or dyed), split osier, reeds and the like,
to rattan cores and to drawn or split rattans. The heading does not apply to chipwood (heading 4404).
3. Heading 1404 does not apply to wood wool (heading 4405) and prepared knots or tufts for broom or
brush making (heading 9603).
SECTION III
ANIMAL OR VEGETABLE FATS AND OILS AND THEIR CLEAVAGE PRODUCTS;
PREPARED EDIBLE FATS; ANIMAL OR VEGETABLE WAXES
CHAPTER 15
Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or
vegetable waxes
NOTES :
1.This Chapter does not cover :
(a) pig fat or poultry fat of heading 0209;
(b) cocoa butter, fat or oil (heading 1804);
(c) edible preparations containing by weight more than 15% of the products of heading 0405
(generally Chapter 21);
(d) greaves (heading 2301) or residues of headings 2304 to 2306;
(e) fatty acids, prepared waxes, medicaments, paints, varnishes, soap, perfumery, cosmetic or
toilet preparations, sulphonated oils or other goods of Section VI; or
(f) factice derived from oils (heading 4002).
2. Heading 1509 does not apply to oils obtained from olives by solvent extraction (heading 1510).
3. Heading 1518 does not cover fats or oils or their fractions, merely denatured, which are to be
classified in the heading appropriate to the corresponding undenatured fats and oils and their fractions.
4. Soap-stocks, oil foots and dregs, stearin pitch, glycerol pitch and wool grease residues fall in heading
1522.
SUB-HEADING NOTE :
For the purpose of sub-headings 1514 11 and 1514 19, the expression “low erucic acid rape or colza oil”
means the fixed oil which has an erucic acid content of less than 2% by weight.
SUPPLEMENTARY NOTES :
1. In this Chapter, “edible grade”, in respect of a goods (i.e. edible oil) specified in Appendix B to the
Prevention of Food Adulteration Rules, 1955, means the standard of quality specified for such goods in that
Appendix.
2. In this Chapter, “fixed vegetable oil” means oils which cannot easily be distilled without
decomposition, which are not volatile and which cannot be carried off by superheated steam (which
decomposes and saponifies them).
SECTION-III 146 CHAPTER-15
1502 90 - Other:
1502 90 10 --- Unrendered fats kg. 15% -
________________________________________________________________________________________________
1505 WOOL GREASE AND FATTY SUBSTANCES DERIVED
THEREFROM (INCLUDING LANOLIN)
1505 00 - Wool grease and fatty substances derived
therefrom (including lanolin) :
1505 00 10 --- Wool alcohol (including lanolin alcohol) kg. 30% -
1505 00 20 --- Wool grease, crude kg. 30% -
1505 00 90 --- Other kg. 30% -
________________________________________________________________________________________________
SECTION IV
PREPARED FOODSTUFFS; BEVERAGES, SPIRITS AND VINEGAR;
TOBACCO AND MANUFACTURED TOBACCO SUBSTITUTES
NOTE :
In this Section the term “pellets” means products which have been agglomerated either directly by
compression or by the addition of a binder in a proportion not exceeding 3 % by weight.
CHAPTER 16
Preparations of meat, of fish or of crustaceans, molluscs
or other aquatic invertebrates
NOTES :
1. This Chapter does not cover meat, meat offal, fish, crustaceans, molluscs or other aquatic invertebrates,
prepared or preserved by the processes specified in Chapter 2 or 3 or heading 0504.
2. Food preparations fall in this Chapter provided that they contain more than 20% by weight of
sausage, meat, meat offal, blood, fish, crustaceans, molluscs or other aquatic invertebrates, or any combination
thereof. In cases where the preparation contains two or more of the products mentioned above, it is classified
in the heading of Chapter 16 corresponding to the component or components which predominate by weight.
These provisions do not apply to the stuffed products of heading 1902 or to the preparations of heading 2103
or 2104.
SUB-HEADING NOTES :
1. For the purposes of sub-heading 1602 10, the expression “homogenised preparations” means
preparations of meat, meat offal or blood, finely homogenised, put up for retail sale as food suitable for infants
or young children or for dietetic purposes, in containers of net weight content not exceeding 250 g. For the
application of this definition no account is to be taken of small quantities of any ingredients which may have
been added to the preparation for seasoning, preservation or other purposes. These preparations may contain
a small quantity of visible pieces of meat or meat offal. This sub-heading takes precedence over all other
sub-headings of heading 1602.
2. The fish, crustaceans molluscs and other aquatic invertebrates specified in the sub-headings of
heading 1604 or 1605 under their common names only, are of the same species as those mentioned in
Chapter 3 under the same name.
CHAPTER 17
Sugars and sugar confectionery
NOTE :
This Chapter does not cover:
(a) sugar confectionery containing cocoa (heading 1806);
(b) chemically pure sugars (other than sucrose, lactose, maltose, glucose and fructose) or other
products of heading 2940; or
(c) medicaments or other products of Chapter 30.
SUB-HEADING NOTES :
1. For the purposes of sub-headings 1701 12, 1701 13 and 1701 14 “raw sugar” means sugar whose
content of sucrose by weight, in the dry state, corresponds to a polarimeter reading of less than 99.5 degree.
2. Sub-heading 1701 13 covers only cane sugar obtained without centrifugation, whose content of
sucrose by weight, in the dry state, corresponds to a polarimeter reading of 69 degree or more but less than
93 degree. The product contains only natural anhedral microcrystals, of irregular shape, not visible to the
naked eye, which are surrounded by residues of molasses and other constituents of sugar cane.
CHAPTER 18
Cocoa and cocoa preparations
NOTES :
1. This Chapter does not cover the preparations of headings 0403, 1901, 1904, 1905, 2105, 2202, 2208,
3003 or 3004.
2. Heading 1806 includes sugar confectionery containing cocoa and, subject to Note 1 to this Chapter,
other food preparations containing cocoa.
CHAPTER 19
Preparations of cereals, flour, starch or milk; pastrycooks’ products
NOTES :
1. This Chapter does not cover :
(a) except in the case of stuffed products of heading 1902, food preparations containing more
than 20% by weight of sausage, meat, meat offal, blood, fish or crustaceans, molluscs or other aquatic
invertebrates, or any combination thereof (Chapter 16);
(b) biscuits or other articles made from flour or from starch, specially prepared for use in animal
feeding (heading 2309); or
(c) medicaments or other products of Chapter 30.
2. For the purposes of heading 1901:
(a) the term “groats” means cereal groats of Chapter 11;
(b) the terms “flour” and “meal” means :
(1) cereal flour and meal of Chapter 11, and
(2) flour, meal and powder of vegetable origin of any Chapter, other than flour, meal or
powder of dried vegetables (heading 0712), of potatoes (heading 1105) or of dried leguminous
vegetables (heading 1106).
3. Heading 1904 does not cover preparations containing more than 6% by weight of cocoa calculated
on a totally defatted basis or completely coated with chocolate or other food preparations containing cocoa
of heading 1806 (heading 1806).
4. For the purposes of heading 1904, the expression “otherwise prepared” means prepared or processed
to an extent beyond that provided for in the headings of, or Notes to, Chapter 10 or 11.
CHAPTER 20
Preparations of vegetables, fruit, nuts or other parts of plants
NOTES :
1. This Chapter does not cover :
(a) vegetables, fruit or nuts, prepared or preserved by the processes specified in Chapter 7, 8 or
11;
(b) food preparations containing more than 20% by weight of sausage, meat, meat offal, blood,
fish or crustaceans, molluscs or other aquatic invertebrates, or any combination thereof (Chapter 16);
(c) bakers' wares and other products of heading 1905; or
(d) homogenised composite food preparations of heading 2104.
2. Headings 2007 and 2008 do not apply to fruit jellies, fruit pastes, sugar-coated almonds or the like
in the form of sugar confectionery (heading 1704) or chocolate confectionery (heading 1806).
3. Headings 2001, 2004 and 2005 cover, as the case may be, only those products of Chapter 7 or of
heading 1105 or 1106 (other than flour, meal and powder of the products of Chapter 8) which have been
prepared or preserved by processes other than those referred to in Note 1(a).
4. Tomato juice, the dry weight content of which is 7% or more is to be classified in heading 2002.
5. For the purposes of heading 2007, the expression “obtained by cooking” means obtained by heat
treatment at atmospheric pressure or under reduced pressure to increase the viscosity of a product through
reduction of water content or other means.
6. For the purposes of heading 2009, the expression “juices, unfermented and not containing added
spirit” means juices of an alcoholic strength by volume (see Note 2 to Chapter 22) not exceeding 0.5%
volume.
SUB-HEADING NOTES :
1. For the purposes of sub-heading 2005 10, the expression “homogenised vegetables” means
preparations of vegetables, finely homogenised, put up for retail sale as food suitable for infants or young
children or for dietetic purposes, in containers of a net weight content not exceeding 250 g. For the application
of this definition no account is to be taken of small quantities of any ingredients which may have been added
to the preparation for seasoning, preservation or other purposes. These preparations may contain a small
quantity of visible pieces of vegetables. Sub-heading 2005 10 takes precedence over all other sub-headings
of heading 2005.
2. For the purposes of sub-heading 2007 10, the expression “homogenised preparations” means
preparations of fruit, finely homogenised, put up for retail sale as food suitable for infants or young children or
for dietetic purposes, in containers of a net weight content not exceeding 250 g. For the application of this
definition no account is to be taken of small quantities of any ingredients which may have been added to the
preparation for seasoning, preservation or other purposes. These preparations may contain a small quantity
of visible pieces of fruit. Sub-heading 2007 10 takes precedence over all other Sub-headings of heading
2007.
3. For the purposes of sub-headings 2009 12, 2009 21, 2009 31, 2009 41, 2009 61 and 2009 71, the
expression “Brix value” means the direct reading of degrees Brix obtained from a Brix hydrometer or of
SECTION-IV 165 CHAPTER-20
refractive index expressed in terms of percentage sucrose content obtained from a refractometer, at a
temperature of 20°C or corrected for 20°C if the reading is made at a different temperature.
CHAPTER 21
Miscellaneous edible preparations
NOTES :
1. This Chapter does not cover:
(a) mixed vegetables of heading 0712;
(b) roasted coffee substitutes containing coffee in any proportion (heading 0901);
(c) flavoured tea (heading 0902);
(d) spices or other products of headings 0904 to 0910;
(e) food preparations, other than the products described in heading 2103 or 2104, containing more
than 20 % by weight of sausage, meat, meat offal, blood, fish or crustaceans, molluscs or other aquatic
invertebrates, or any combination thereof (Chapter 16);
(f) yeast put up as a medicament or other products of heading 3003 or 3004; or
(g) prepared enzymes of heading 3507.
2. Extracts of the substitutes referred to in Note 1 (b) above are to be classified in heading 2101.
3. For the purposes of heading 2104, the expression “homogenised composite food preparations”
means preparations consisting of a finely homogenised mixture of two or more basic ingredients such as
meat, fish, vegetables, fruit or nuts, put up for retail sale as food suitable for infants or young children or for
dietetic purposes, in containers of a net weight content not exceeding 250g . For the application of this
definition, no account is to be taken of small quantities of any ingredients which may be added to the mixture
for seasoning, preservation or other purposes. Such preparations may contain a small quantity of visible
pieces of ingredients.
SUPPLEMENTRY NOTES :
1. In this Chapter, “Pan masala” means any preparation containing betel nuts and any one or more of
the following ingredients, namely: lime, katha (catechu) and tobacco whether or not containing any other
ingredient, such as cardamom, copra or menthol.
2. In this Chapter “betel nut product known as Supari” means any preparation
containing betel nuts, but not containing any one or more of the following ingredients, namely: lime, katha
(catechu) and tobacco whether or not containing any other ingredients, such as cardamom, copra or menthol.
3. For the purposes of tariff item 2106 90 11, the expression “Sharbat” means any non-alcoholic
sweetened beverage or syrup containing not less than 10% fruit juice or flavoured with non-fruit flavours,
such as rose, Khus, Kevara, but not including aerated preperations.
4. Tariff item 2106 90 50, inter alia, includes preparations for lemonades or other beverages, consisting,
for example, of flavoured or coloured syrup, syrup flavoured with an added concentrated extract, syrup
flavoured with fruit juice and intended for use in the manufacture of aerated water, such as in automatic
vending machines.
5. Heading 2106 (except tariff items 2106 90 20 and 2106 90 30), inter alia, includes:
SECTION-IV 170 CHAPTER-21
CHAPTER 22
Beverages, spirits and vinegar
NOTES :
1. This Chapter does not cover:
(a) products of this Chapter (other than those of heading 2209) prepared for culinary purposes
and thereby rendered unsuitable for consumption as beverages (generally heading 2103);
(b) sea water (heading 2501);
(c) distilled or conductivity water or water of similar purity (heading 2853);
(d) acetic acid of concentration exceeding 10 % by weight of acetic acid (heading 2915);
(e) medicaments of heading 3003 or 3004; or
(f) perfumery or toilet preparations (Chapter 33).
2. For the purposes of this Chapter and of Chapters 20 and 21, the “alcoholic strength by volume” shall
be determined at a temperature of 20° C.
3. For the purposes of heading 2202, the term “non-alcoholic beverages” means beverages of an
alcoholic strength by volume not exceeding 0.5 % vol. Alcoholic beverages are classified in headings 2203
to 2206 or heading 2208 as appropriate.
SUB-HEADING NOTE :
For the purposes of sub-heading 2204 10, the expression “sparkling wine” means wine which, when
kept at a temperature of 20°C in closed containers, has an excess pressure of not less than 3 bars.
____________________________________________________________________________________________________
EXEMPTION NOTIFICATIONS
Rates of additional duty on specified alcoholic liquors:
[Notfn. No. 32/03-Cus. dt. 1.3.2003]
In exercise of the powers conferred by the proviso to sub-section (1) of section 3 of the Customs
Tariff Act, 1975(51 of 1975) and in supersession of the notification of the Government of India in the
erstwhile Ministry of Finance (Department of Revenue) No.54/2001-Customs, dated the 11th May, 2001,
published in the Gazette of India, vide number G.S.R.353 (E), dated the 11th May, 2001, the Central Govern-
ment having regard to the excise duties for the time being leviable on like alcoholic liquors produced or
manufactured in different States, or the excise duties which would be leviable for the time being in different
States on the class or description of alcoholic liquor, as the case may be, hereby specifies, on goods of the
description specified in column (3) of the Table below, and falling under the headings of the First Schedule
to the said Customs Tariff Act as are specified in the corresponding entry in column (2) of the said Table,
when imported into India, the rates of additional duty specified in the corresponding entry in column (4) of
the said Table.
Table
S.No. Heading Description of goods Rate of additional duty
(1) (2) (3) (4)
1. 2203, 2204, All goods put up in bottles or cans or any other
2205, or packing, for ultimate sale in retail and having
2206 a CIF price,-
(a) not exceeding USD 25 per case; 75% ad valorem
(b) exceeding USD 25 but not exceeding 50% ad valorem or USD 37 per
USD 40 per case; case, whichever is higher
(c) exceeding USD 40 per case 20% ad valorem or USD 40 per
case, whichever is higher
2. 2208 All goods put up in bottles or cans or any other
packing, for ultimate sale in retail and having a
CIF price,-
(a) not exceeding USD 10 per case; 150% ad valorem
(b) exceeding USD 10 but not exceeding 100% ad valorem or USD 40 per
USD 20 per case; case, whichever is higher
(c) exceeding USD 20 but not exceeding 50% ad valorem or USD 53.2 per
USD 40 per case; case, whichever is higher
(d) exceeding USD 40 per case 25% ad valorem or USD 53.2 per
case, whichever is higher
Explanation.- For the purposes of this notification,-
(i) a “case” shall mean a packing containing a total volume of nine litres of liquor;
(ii) the CIF price of any goods put up in packings of a size other than nine litres shall be determined on
a pro-rata basis;
(iii) the said additional duty shall be payable in Indian currency;
(iv) “USD” means US Dollar;
(v) rate of exchange applicable for the purpose of calculation of the said additional duty shall be the
SECTION-IV 178 CHAPTER-22
rate which is specified in the notification of the Government of India in the Ministry of Finance and
Company Affairs (Department of Revenue), issued from time to time, in exercise of the powers
conferred by sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act,
and the relevant date for the determination of the rate of exchange shall be the date of presentation
of the bill of entry under section 46 of the said Customs Act.
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962) read with sub-section (8) of section 3 of the Customs Tariff Act, 1975 (51 of 1975) and in superses-
sion of the notification of the Government of India in Ministry of Finance (Department of Revenue) No.
178/2003-Customs, dated 12th of December 2003, the Central Government, on being satisfied that it is
necessary in the public interest so to do, hereby exempts all the goods from the whole of the additional duty
leviable under the notification of the Government of India in the Ministry of Finance (Department of Rev-
enue), No. 32/2003-Customs, dated the 1st March, 2003, published in Gazette of India vide G.S.R. 167(E),
dated the 1st March, 2003.
SECTION-IV 179 CHAPTER-23
CHAPTER 23
Residues and waste from the food industries; prepared animal fodder
NOTE :
Heading 2309 includes products of a kind used in animal feeding, not elsewhere specified or included,
obtained by processing vegetable or animal materials to such an extent that they have lost the essential
characteristics of the original material, other than vegetable waste, vegetable residues and by-products of
such processing.
SUB-HEADING NOTE :
For the purposes of sub-heading 2306 41, the expression “low erucic acid rape or colza seeds” means
seeds as defined in sub-heading Note 1 to Chapter 12.
________________________________________________________________________________________________
2309 P REPARATIONS OF A KIND USED IN ANIMAL FEEDING
2309 10 00 ííí- Dog or cat food, put up for retail sale kg. 30% -
2309 90 ííí- Other :
2309 90 10 í--- Compounded animal feed kg. 30% -
2309 90 20 í--- Concentrates for compound animal feed kg. 30% -
í--- Feeds for fish (prawn, etc.) :
2309 90 31 ---- Prawn and shrimps feed kg. 30% -
2309 90 32 ---- Fish meal in powdered form kg. 30% -
2309 90 39 ---- Other kg. 30% -
2309 90 90 í--- Other kg. 30% -
EXEMPTION NOTIFICATIONS
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962) read with sub-section (6) of section 3 of the Customs Tariff Act, 1975 (51 of 1975), the Central
Government, being satisfied that it is necessary in the public interest so to do, hereby exempts castor oil cake
falling under item 23 06 9027 of the First Schedule to the said Customs Tariff Act, when manufactured from
indigenous castor oil seeds on indigenous plant and machinery by a unit in special economic zone, which was
in existence prior to the 1st day of November, 2000 and brought to domestic tariff area in accordance with
the provisions of the Special Economic Zones Act, 2005 (28 of 2005) and the Special Economic Zones Rules,
2006, from the whole of the duty of customs leviable thereon under the said First Schedule and the additional
duty, if any, leviable thereon under section 3 of the said Customs Tariff Act,
“Provided that exemption contained in this notification shall not apply in the cases where castor oil cake falling
under item 23069017 and castor de-oiled cake falling under item 230690 27 of the First Schedule to the said
Customs Tariff Act are manufactured out of inputs on which duty drawback or benefit under Duty Entitlement
Passbook (DEPB) schemes or any other export benefit as admissible under the Foreign Trade Policy has been
availed of either by the unit in special economic zone or by the supplier of inputs, as the case may be.”
SECTION-IV 184 CHAPTER-23
2. This notification shall come into force on and from the 11th day of May, 2004.
Explanation- For the purposes of this notification 'Special Economic Zone' means Special Economic Zone as
notified under section 4 of the Special Economic Zones Act, 2005 (28 of 2005).
For Anti-dumping duty on choline chloride falling under sub-heading 2309.90 originating in or
exported from People's Republic of China and the European Union - see Notfn. No. 5/02-Cus. dt.
14.1.2002 under Chapter 29.
SECTION-IV 185 CHAPTER-24
CHAPTER 24
Tobacco and manufactured tobacco substitutes
NOTE :
This Chapter does not cover medicinal cigarettes (Chapter 30).
SUB-HEADING Note:
For the purposes of sub-heading 2403 11, the expression “water pipe tobacco” means tobacco intended
for smoking in a water pipe and which consists of a mixture of tobacco and glycerol, whether or not contain-
ing aromatic oils and extracts, molasses or sugar, and whether or not flavoured with fruit. However, tobacco-
free products intended for smoking in a water pipe are excluded from this sub-heading.
SUPPLEMENTRY NOTES :
For the purposes of this Chapter:
(1) “tobacco” means any form of tobacco, whether cured or uncured and whether manufactured or not,
and includes the leaf, stalks and stems of the tobacco plant, but does not include any part of a tobacco plant
while still attached to the earth.
(2) “cut-tobacco” means the prepared or processed cut-to-size tobacco which is generally blended or
moisturised to a desired extent for use in the manufacture of machine - rolled cigarettes.
(3) “smoking mixtures for pipes and cigarettes” of sub-heading 2403 10 does not cover “ Gudaku”.
--- Biris:
2403 19 21 ---- Other than paper rolled biris, manufactured without Tu 30% -
the aid of machine
2403 19 29 ---- Other Tu 30% -
- Other :
2403 91 00 -- “Homogenised” or “reconstituted” tobacco kg. 30% -
2403 99 -- Other :
2403 99 10 --- Chewing tobacco kg. 30% -
2403 99 20 --- Preparations containing chewing tobacco kg. 30% -
2403 99 30 --- Jarda scented tobacco kg. 30% -
2403 99 40 --- Snuff kg. 30% -
2403 99 50 --- Preparations containing snuff kg. 30% -
2403 99 60 --- Tobacco extracts and essence kg. 30% -
2403 99 70 --- Cut-tobacco kg. 30% -
2403 99 90 --- Other kg. 30% -
SECTION-V 188 CHAPTER-25
SECTION V
MINERAL PRODUCTS
CHAPTER 25
Salt; sulphur; earths and stone; plastering materials, lime and cement
NOTES:
1. Except where their context or Note 4 to this Chapter otherwise requires, the headings of this
Chapter cover only products which are in the crude state or which have been washed (even with chemical
substances eliminating the impurities without changing the structure of the product), crushed, ground, powdered,
levigated, sifted, screened, concentrated by flotation, magnetic separation or other mechanical or physical
processes (except crystallization), but not products that have been roasted, calcined, obtained by mixing or
subjected to processing beyond that mentioned in each heading.
The products of this Chapter may contain an added anti-dusting agent, provided that such addition
does not render the product particularly suitable for specific use rather than for general use.
2. This Chapter does not cover :
(a) sublimed sulphur, precipitated sulphur and colloidal sulphur (heading 2802);
(b) earth colours containing 70% or more by weight of combined iron evaluated as Fe2O3 (heading
2821);
(c) medicaments and other products of Chapter 30;
(d) perfumery, cosmetic or toilet preparations (Chapter 33);
(e) setts, curbstones and flagstones (heading 6801); mosaic cubes or the like (heading 6802);
roofing, facing or damp course slates (heading 6803);
(f) precious or semi-precious stones (heading 7102 or 7103);
(g) cultured crystals (other than optical elements) weighing not less than 2.5g each, of sodium
chloride or of magnesium oxide, of heading 3824; optical elements of sodium chloride or of magnesium
oxide (heading 9001);
(h) billiard chalks (heading 9504); or
(ij) writing or drawing chalks and tailors’ chalks (heading 9609).
3. Any products classifiable in heading 2517 and any other heading of this Chapter are to be classified
in heading 2517.
4. Heading 2530 applies, inter alia, to : vermiculite, perlite and chlorites, unexpanded; earth colours,
whether or not calcined or mixed together; natural micaceous iron oxides; meerschaum (whether or not in
polished pieces); amber; agglomerated meerschaum and agglomerated amber, in plates, rods, sticks or similar
forms, not worked after moulding; jet; strontianite (whether or not calcined), other than strontium oxide;
broken pieces of pottery, brick or concrete.
SECTION-V 189 CHAPTER-25
SUPPLEMENTARY NOTE :
In heading 2523, “sagol” means cement obtained by heating limestone and burnt coal in a kiln; and
“ashmoh” means cement obtained by fine grinding of paddy husk, ash and hydrated lime with an additive.
coloured
2523 29 íí-- Other :
2523 29 10 í--- Ordinary portland cement, dry kg. 10% -
2523 29 20 í--- Ordinary portland cement, coloured kg. 10% -
2523 29 30 í--- Portland pozzolana Cement kg. 10% -
2523 29 40 í--- Portland slag cement kg. 10% -
2523 29 90 í--- Other kg. 10% -
2523 30 00 ííí- Aluminous cement kg. 10% -
2523 90 ííí- Other hydraulic cements:
2523 90 10 í--- Sagol; ashmoh kg. 10% -
2523 90 20 í--- High alumina refractory cement kg. 10% -
2523 90 90 í--- Other kg. 10% -
________________________________________________________________________________________________
2524 A SBESTOS
2524 10 10 ííí- Crocidolite kg. 10% -
2524 90 - Other
--- In rock form:
2524 90 11 ---- Chrysotile kg. 10% -
SECTION-V 196 CHAPTER-25
________________________________________________________________________________________________
2528 NATURAL BORATES AND CONCENTRATES THEREOF
(WHETHER OR NOT CALCINED), BUT NOT INCLUDING
B O R AT E S S E PA R AT E D F R O M N AT U R A L B R I N E ;
NATURAL BORIC ACID CONTAINING NOT MORE THAN
85% OF H3BO3 CALCULATED ON THE DRY WEIGHT
2528 00 - Natural borates and concentrates thereof (Whether
or not calcined), but not including borates separated
from natural brine; natural boric acid containing not
more than 85 % of H3BO3 calculated on the dry
weight:
2528 00 10 --- Natural sodium borates and concentrates thereof kg. 10% -
(whether or not calcined)
2528 00 20 --- Natural boric acid containing not more than 85% kg. 10% -
of H3BO3 ( calculated on the dry weight )
2528 00 30 --- Natural calcium borates and concentrates thereof kg. 10% -
(whether or not calcined)
2528 00 90 --- Other kg. 10% -
________________________________________________________________________________________________
2529 F ELDSPAR ; LEUCITE ; NEPHELINE AND
NEPHELINE SYENITE ; FLUORSPAR
2529 10 ííí- Feldspar :
2529 10 10 í--- Lumps kg. 10% -
2529 10 20 í--- Powder kg. 10% -
ííí- Fluorspar :
2529 21 00 íí-- Containing by weight 97% or less of kg. 10% -
calcium fluoride
2529 22 00 íí-- Containing by weight more than 97% of kg. 10% -
calcium fluoride
2529 30 00 ííí- Leucite; nepheline and nepheline syenite kg. 10% -
________________________________________________________________________________________________
2530 M INERAL SUBSTANCES NOT ELSEWHERE
SPECIFIED OR INCLUDED
2530 10 ííí- Vermiculite, perlite and chlorites,
unexpanded :
2530 10 10 í--- Vermiculite kg. 10% -
SECTION-V 198 CHAPTER-25
CHAPTER 26
NOTES:
(b) natural magnesium carbonate (magnesite), whether or not calcined (heading 2519 ) ;
(c) sludges from the storage tanks of petroleum oils, consisting mainly of such oils (2710 ) ;
(e) slag wool, rock wool or similar mineral wools (heading 6806) ;
(f) waste or scrap of precious metal or of metal clad with precious metal; other waste or scrap
containing precious metal or precious metal compounds, of a kind used principally for the recovery of
precious metal (heading 7112) ; or
(g) copper, nickel or cobalt mattes produced by any process of smelting (Section XV).
2. For the purposes of headings 2601 to 2617, the term “ores” means minerals of mineralogical species
actually used in the metallurgical industry for the extraction of mercury, of the metals of heading 2844 or of
the metals of Section XIV or XV, even if they are intended for non-metallurgical purposes. Headings 2601
to 2617 do not, however, include minerals which have been submitted to processes not normal to the
metallurgical industry.
(a) slag, ash and residues of a kind used in industry either for the extraction of metals or as a
basis for the manucture of chemical compounds of metals, excluding ash and residues from the incineration
of municipal waste (heading 2621); and
(b) slag, ash and residues containing arsenic, whether or not containing metals, of a kind used
either for the extraction of arsenic or metals or for the manufacture of their chemical compounds.
SUB-HEADING NOTES :
1. For the purposes of sub-heading 2620 21, “leaded gasoline sludges and leaded anti- knock compound
sludges” mean sludges obtained from storage tanks of leaded gasoline and leaded anti-knock compounds
(for example, tetraethyl lead), and consisting essentially of lead, lead compounds and iron oxide.
2. Slag, ash and residues containing arsenic, mercury, thallium or their mixtures, of a kind used for the
extraction of arsenic or those metals or for the manufacture of their chemical compounds, are to be classified
in sub-heading 2620 60.
SECTION-V 200 CHAPTER-26
Exemption to copper concentrates falling under item 2603 00 00 when imported into India, from so
much of the duty of customs as is equivalent to the duty of customs leviable on the value of gold and
silver contained in such copper concerntrate.
[Notifn. No.24/2011-Cus., dt. 1.3.2011].
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby
SECTION-V 204 CHAPTER-26
exempts copper concentrates falling under the tariff item 2603 00 00 of the First Schedule to the Customs
Tariff Act, 1975(51 of 1975), when imported into India, from so much of the duty of customs as is equivalent
to the duty of customs leviable on the value of gold and silver contained in such copper concentrate, subject
to the condition that the importer produces to the Assistant Commissioner of Customs or Deputy Commis-
sioner of Customs, as the case may be, an assay certificate from the mining company specifying separately,
the value of gold and silver content in such copper concentrate.
Illustration.- If the total value of copper concentrate is ‘ 100 and value of gold and silver in that copper
concentrate is ‘ 40, basic customs duty shall be computed on the value of ‘ 60 only. However, the total value
of ‘ 100 shall be taken into account, for the purposes of levy of additional duties of customs leviable under
section 3 of the Customs Tariff Act, 1975.
SECTION-V 205 CHAPTER-27
CHAPTER 27
Mineral fuels, mineral oils and products of their distillation; bituminous substances;
mineral waxes
NOTES :
1. This Chapter does not cover:
(a) separate chemically defined organic compounds other than pure methane and propane which are to
be classified in heading 2711;
(b) medicaments of heading 3003 or 3004; or
(c) mixed unsaturated hydrocarbons of heading 3301, 3302 or 3805.
2. References in heading 2710 to “petroleum oils and oils obtained from bituminous minerals” include not
only petroleum oils and oils obtained from bituminous minerals but also similar oils, as well as those consisting
mainly of mixed unsaturated hydrocarbons, obtained by any process, provided that the weight of the non-aromatic
constituents exceeds that of the aromatic constituents.
However, the references do not include liquid synthetic polyolefins of which less than 60% by volume
distils at 3000C, after conversion to 1,013 millibars when a reduced-pressure distillation method is used (Chapter
39).
3. For the purposes of heading 2710, “waste oils” means waste containing mainly petroleum oils and oils
obtained from bituminous minerals (as described in Note 2 to this Chapter), whether or not mixed with water.
These include:
(a) such oils no longer fit for use as primary products (for example, used lubricating oils, used hydraulic
oils and used transformer oils);
(b) sludge oils from the storage tanks of petroleum oils, mainly containing such oils and high concentration
of additives (for example, chemicals) used in the manufacture of the primary products ; and
(c) such oils in the form of emulsions in water or mixtures with water, such as those resulting from oil
spills, storage tank washings, or from the use of cutting oils for machining operations.
SUB-HEADING NOTES :
1. For the purposes of sub-heading 2701 11 “anthracite” means coal having a volatile matter limit (on a dry,
mineral-matter-free basis) not exceeding 14%.
2. For the purposes of sub-heading 2701 12, “bituminous coal” means coal having a volatile matter limit (on
a dry, mineral-matter-free basis) exceeding 14% and a calorific value limit (on a moist, mineral-matter-free basis)
equal to or greater than 5,833 kcal/kg.
3. For the purposes of tariff items 2707 10 00, 2707 20 00, 2707 30 00 and 2707 40 00, the terms “benzol”,
“(benzene)”, “toluol” (toluene)", “xylol” (xylenes)" and “naphthalene” apply to products which contain more than
50% by weight of benzene, toluene, xylenes or naphthalene, respectively.
4. For the purposes of sub-heading 2710 12, "light oils and preparations"are those of which 90 % or
more by volume (including losses) distil at 210 °C according to the ISO 3405 method (equivalent to the ASTM
D 86 method).
5. For the purposes of the sub-headings of heading 2710, the term “biodiesel” means mono-alkyl esters
of fatty acids of a kind used as a fuel, derived from animal or vegetable fats and oils whether or not used.
SUPPLEMENTARY NOTE :
SECTION-V 206 CHAPTER-27
In this Chapter, reference to any standard of the Bureau of Indian Standards refers to the last published
version of that standard.
Illustration : IS 1459 refers to IS 1459: 2018 and not to IS 1459: 1974
(a) “motor spirit” means any hydrocarbon oil (excluding crude mineral oil) which has its flash point
below 250C and which either by itself or in admixture with any other substance, is suitable for use as fuel in
spark ignition engines. “Special boiling point spirits (tariff item Nos. 2710 12 11, 2710 12 12 and 2710 12 13
)” means light oils, as defined in Sub-heading Note 4, not containing any anti-knock preparations , and with a
difference of not more than 600C between the temperatures at which 5% and 90% by volume ( including
losses) distil;
(b) “natural gasoline liquid (NGL)” is a low–boiling liquid petroleum product extracted from Natural
Gas;
(c) “superior kerosine oil (SKO)” means any hydrocarbon oil conforming to the Indian Standards
Specification of Bureau of Indian Standards IS : 1459-1974 (Reaffirmed in the year 1996);
(d) “aviation turbine fuel (ATF)” means any hydrocarbon oil conforming to the Indian Standards
Specification of Bureau of Indian Standards IS : 1571:1992:2000;
(e) “high speed diesel (HSD)” means any hydrocarbon oil conforming to the Indian Standards
Specification of Bureau of Indian Standards IS: 1460:2005;
(f) “light diesel oil (LDO)” means any hydrocarbon oil conforming to the Indian Standards Specification
of Bureau of Indian Standards IS: 15770:2008;
(g) “fuel oil” means any hydrocarbon oil conforming to the Indian Standards Specification of Bureau of
Indian Standards IS:1593:1982 (Reaffirmed in the year 1997);
(h) “lubricating oil” means any oil, which is ordinarily used, for lubrication, excluding any hydrocarbon
oil, which has its flash point below 93.30 Centigrade;
(i) “jute batching oil” and “textile oil” are hydrocarbon oils which have their flash point at or above
0
93.3 C, and is ordinarily used for the batching of jute or other textile fibres;
(j) the expression “petroleum jelly crude” (tariff item Nos. 2712 10 10) shall be taken to apply to
petroleum jelly of a natural colour higher than 4.5 by the ASTM D 1500 method;
(k) for the purposes of these additional notes, the tests prescribed have the meaning hereby assigned
to them:
(1) “Flash Point” shall be determined in accordance with the test prescribed in this behalf in the
rules made under the Petroleum Act, 1934 (30 of 1934);
(2) “Smoke Point” shall be determined in the apparatus known as the Smoke Point Lamp in the
manner indicated in the Indian Standards Institution specification IS:1448 (p. 31)-1967 as for the time
being in force;
(3) “Final Boiling Point” shall be determined in the manner indicated in the Indian Standards
Institution specification IS:1448 (p.18)-1967 as for the time being in force;
(4) “Carbon Residue” shall be determined in the apparatus known as Ramsbottom Carbon
Residue Apparatus in the manner indicated in the Indian Standards Institution specification IS:1448
(p.8)-1967 as for the time being in force;
(5) “Colour Comparision Test” shall be done in the following manner, namely :
(i) first prepare a five per cent. weight by volume solution of Potassium Iodine (analytical
reagent quality) in distilled water;
SECTION-V 207 CHAPTER-27
(ii) to this, add Iodine (analytical reagent quality) in requisite amount to prepare an
exactly 0.04 normal Iodine solution;
(iii) thereafter, compare the colour of the mineral oil under test with the Iodine solution
so prepared.
1. Short title and commencement- (1) These rules may be called the Transformer Oil (Additional
Duty) Rules, 1978.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Levy of additional duty- For the purpose of sub-section (3) of section 3 of the Customs Tariff Act,
1975 (51 of 1975), the additional duty leviable on transformer oil falling under Heading 2710 of the First
Schedule to the said Act, when imported in India, shall be equal to such portion of the excise duty for the time
being leviable on the raw material commonly known as transformer oil base stock or transformer oil feed
stock as is equivalent to a duty of excise of one thousand and fifty-five rupees and twenty-five paise per
metric tonne, that is to say, nine hundred rupees per kilolitre at fifteen degrees of Centigrade
thermometer on indigenous transformer oil.
Transformer Oil falling under Heading 2710 shall be liable to such Additional duty as may be
determined in accordance with the Transformer Oil (Additional Duty) Rules, 1978.
1975), when imported into India, from so much of the additional duty leviable thereon under sub-section (1) of
Section 3 of the said Customs Tariff Act, as is equivalent to the duty of excise leviable on petroleum crude under
sub-section (1) of section 15 of the Oil Industry (Development) Act, 1974 (47 of 1974).
Exemption to Kerosene when imported by manufacturer of linear alky Benzene for extraction of N
- Paraffin
[Notfn. No. 26/99-Cus dt. 28.2.1999 as amended by 28/02-Cus. dt. 11.3.2002]
In exercise of the power conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts
the goods of the description specified in column (2) of the Table below (hereinafter referred to as the said Table)
and falling under Chapter 27 of the First Schedule to the said Customs Tariff Act, imported by a manufacturer
of linear alkyl benzene for the purpose of extracting N-Paraffin, -
(i) from so much of the the duty of customs leviable thereon under the said First Schedule as is in excess
of the amount calculated at the rate specified in the corresponding entry in column (3) of the said Table;
(ii) Omitted
TABLE
____________________________________________________________________________________________________________
S. No. Description of goods Customs
duty rate
______________________________________________________________________________
(1) (2) (3)
1. Kerosene, determined to be consumed in the process of 5%
extraction of N-Paraffin ad valorem
2 Kerosene, if any, which remained after extraction of Nil NIL
N-Paraffin and supplied and sold to the Indian Oil
Corporation Limited for ultimate sale through the public
distribution system
______________________________________________________________________________
2. The exemption contained in this notification shall be given effect to in the following manner, namely:-
(a) at the time of importation, the manufacturer-importer shall pay customs duty leviable under
the said First Schedule and the said Customs Tariff Act or any other law for the time being in force
on 85% of the quantity of kerosene imported at the rate as if no exemption is applicable on such imports;
(b) the Assistant Commissioner or Deputy Commissioner of Customs shall furnish a copy of the
assessed bill of entry to the Assistant Commissioner of Central Excise having jurisdiction over the
factory of the manufacturer-importer where kerosene is used for extraction of N-Paraffin therefrom;
(c) the manufacturer-importer shall maintain such accounts as may be considered necessary by
the Assistant Commissioner or Deputy Commissioner of Central Excise having jurisdiction to
ascertain the actual quantity of kerosene consumed in the process of extraction of N-Paraffin and the
manner in which the remnant quantity of kerosene is disposed of by the manufacturer-importer and
the customers to whom such remnant quantity is sold and the price realised therefor;
(d) at the end of each calendar month and by the fifth of the next month, the manufacturer shall
furnish a statement to the Assistant Commissioner or Deputy Commissioner of Customs Central
SECTION-V 215 CHAPTER-27
Excise having jurisdiction over the factory of the manufacturer-importer indicating the quantity of
kerosene actually consumed during the calendar month in the process of extraction of N-Paraffin duly
certified by a Chartered Accountant or a Chartered Engineer. The manufacturer-importer shall also
furnish the information about the quantity of imported kerosene sold and supplied to the Indian Oil
Corporation Limited in the calendar month;
(e) on receipt of the above information and any other information as the Assistant Commissioner
or Deputy Commissioner of Central Excise having jurisdiction may require for this purpose, he shall,
in exercise of the powers of the Assistant Commissioner of Customs or Deputy Commissioner of
Customs as conferred on him to do so, pass an order on the following, namely:-
(i) the quantity of kerosene as determined by him to have been consumed for extraction of N-
Paraffin in the calendar month;
(ii) the quantity of kerosene as determined by him to have been supplied and sold to the Indian
Oil Corporation Limited in the calendar month;
(iii) having regard to the quantity of kerosene eligible to exemption under serial No. 1 of the said
Table, determine the additional amount of customs duty, if any, payable by the manufacturer-importer
on the basis of the quantity of kerosene determined to be consumed for the extraction of N-Paraffin
and the quantity of kerosene supplied and sold to the Indian Oil Corporation Limited, if any, during the
calendar month; while doing so, the Assistant Commissioner of Central Excise or Deputy Commis-
sioner Central Excise shall adjust the duty paid by the manufacturer-importer under clause (a);
Axtraction N-Pooration and quantity of Kerosene supplied and sold to the Indian Oil Corporation
Limited.
(iv) having regard to the quantity of kerosene eligible to exemption under serial Numbers 1 and
2 of the said Table, determine the amount of refund of duty, if any, due to the manufacturer-importer
on the basis of the quantity of kerosene determined to be consumed for the extraction of N-Paraffin
and the quantity of kerosene supplied and sold to Indian Oil Corporation Limited, if any, during the
calendar month; while doing so, the Assistant Commissioner of Central Excise or Deputy Commis-
sioner of Central Excise having jurisdiction shall adjust the duty paid by the manufacturer-importer
under clause (a).
3. The manufacturer-importer shall pay the additional amount of customs duty determined in the order
passed by the Assistant Commissioner of Central Excise or Deputy Commissioner of Excise having jurisdiction
within three days of the receipt of the order, and for any delay the manufacturer-importer shall be liable to pay
interest on the amount not paid, at the rate of thirty six per cent. per annum.
4. The Assistant Commissioner of Central Excise or Deputy Commissioner of Excise having jurisdiction
shall pass an order granting refund of the excess duty paid with reference to the determination under sub-clause
(iv) of clause (e) of paragraph 2.
Exemption to Crude Petroleum oils and oils obtained from bituminous minerals:
[Notfn. No. 63/12-Cus. dt.31.12.2012]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
SECTION-V 216 CHAPTER-27
1962), and in supersession of the notification of the Government of India in the Ministry of Finance (Depart-
ment of Revenue), No.116/2010-Customs, dated the 1st November, 2010, published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 875 (E), dated the 1st November, 2010,
except as respects things done or omitted to be done before such supersession,the Central Government, on
being satisfied that it is necessary in the public interest so to do, hereby exempts Crude Petroleum oils and oils
obtained from bituminous minerals falling under the tariff item 2709 00 00 of the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975), when imported into India from Brunei Darussalam, from whole of the
duty of customs leviable thereon under the First Schedule to the Customs tariff Act, 1975 ( 51 of 1975):
Provided that the importer proves to the satisfaction of the Deputy Commissioner of Customs or
Assistant Commissioner of Customs, as the case may be, that the goods in respect of which the benefit of this
exemption is claimed are of the origin of Brunei Darussalam, in accordance with provisions of the Customs
Tariff [Determination of Origin of Goods under the Preferential Trade Agreement between the Governments
of Member States of the Association of Southeast Asian Nations (ASEAN) and the Republic of India] Rules,
2009, published in the notification of the Government of India in the Ministry of Finance (Department of
Revenue), No. 189/2009-Customs (N.T.), dated the 31st December 2009.
2. This notification shall come into force with effect from 1st day of January, 2013.
Exemption to motor spirit commonly known as petrol falling under heading 2710 when imported
into India, from so much of the additional duty of customs leviable thereon undersection 103 read
with the Second Schedule to the Finance (No. 2) Act, 1998:
[Notfn. No. 6/15-Cus. dt.1.3.2015]
In exercise of the powers conferred by section 103 of the Finance (No.2) Act, 1998 (21 of 1998),
read with sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, being
satisfied that it is necessary in the public interest so to do, hereby exempts motor spirit commonly known as
petrol, falling under heading 2710 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), when
imported into India, from so much of the additional duty of customs leviable thereon undersection 103 read
with the Second Schedule to the said Finance (No.2)Act, 1998, as is in excess of the amount calculated at
the rate of rupees six per litre.
Additinal duty of Customs at the rate of four percent for the items falling under column (3) of the
Table
[Notfn. No. 53/17-Cus. dt.30.06.2017 as amended by 40/19]
In exercise of the powers conferred by sub-section (5) of section 3 of the Customs Tariff Act, 1975
(51 of 1975), and in supersession of the notification of the Government of India, in the Ministry of Finance
(Department of Revenue), No. 19/2006-Customs, dated the 1st March, 2006, published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 91 (E), dated the 1st March, 2006, except
as respects things done or omitted to be done before such supersession, the Central Government, on being
satisfied that it is necessary in the public interest so to do, hereby directs that all goods of the description specified
in column (3) of the Table below and falling within the Chapter, heading or sub-heading or tariff item of the
First Schedule to the said Act, as specified in the corresponding entry in column (2) of the said Table, having
regard to the sales tax, value added tax, local tax and other taxes or charges leviable on sale or purchase or
transportation of like goods in India, when imported into India, shall be liable to an additional duty of customs
at the rate of four per cent ad valorem.
SECTION-V 217 CHAPTER-27
TABLE
____________________________________________________________________________________________________________
S. No. Chapter or heading or sub-heading or tariff item of the Customs
First Schedule duty
rate
(1) (2) (3)
______________________________________________________________________________
1. 2709 00 00 Petroleum Crude
2. 2710 Motor spirit commonly
known as petrol
3. 2710 High speed diesel (HSD)
4. 2710 19 39 Aviation Turbine Fuel
5. 2711 11 00 Liquefied natural gas
2711 21 00 and Natural Gas
______________________________________________________________________________
2. This notification shall come into force with effect from the 1st day of July, 2017.
Exemption to goods motor spirit commonly known as petrol and high speed diesel oil, falling under
heading 2710:
[Notfn. No. 21/18-Cus. dt.2.2.2018 as ameded by 41/18]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), read with section 112 of Finance Act, 2018 (13 of 2018), the Central Government, on being satisfied that
it is necessary in the public interest so to do, hereby exempts motor spirit commonly known as petrol and high
speed diesel oil, falling under heading 2710 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975),
when imported into India, from so much of the additional duty of customs leviable thereon under sub-section
(1) of section 3 of the said Customs Tariff Act, as is equivalent to the additional duty of excise (Road and
Infrastructure Cess) leviable on motor spirit commonly known as petrol and high speed diesel oil under the
aforesaid section 112 of Finance Act, 2018.
Exemption to goods motor spirit commonly known as petrol and high speed diesel oil, falling under
heading 2710:
[Notfn. No. 18/19-Cus. dt.06.07.2019 as amended by Notfn No. 15/2020-Cus dated. 13.03.2020]
In exercise of the powers conferred by section 111 of Finance Act, 2018 (13 of 2018), read with sub-
section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, being satisfied that
it is necessary in the public interest so to do, hereby exempts the goods of the description specified in column
(3) of the Table below and falling within the Chapter, heading or sub-heading or tariff item of the First Schedule
to the Customs Tariff Act, 1975 (51 of 1975), as specified in the corresponding entry in column (2) of the said
Table, when imported into India, from so much of the additional duty of customs leviable thereon under section
111 read with the Sixth Schedule to the said Finance Act, 2018, as is in excess of the amount calculated at the
rate specified in the corresponding entry in column (4) of the said Table:
SECTION-V 218 CHAPTER-27
Table
___________________________________________________________________________________________________________________
S. Chapter or heading Description of goods Rate
No. or sub-heading or
tariff item
___________________________________________________________________________________________________________
(1) (2) (3) (4)
_________________________________________________________________________________________________________
1. 2710 Motor spirit commonly known as petrol Rs. *[10] per litre
* w.e.f. 14.03.2020
SECTION-VI 219 CHAPTER-28
SECTION VI
PRODUCTS OF THE CHEMICAL OR ALLIED INDUSTRIES
NOTES :
1. (A) Goods (other than radioactive ores) answering to a description in heading 2844 or 2845 are to be
classified in those headings and in no other heading of this Schedule.
(B) Subject to paragraph (A) above, goods answering to a description in heading 2843, 2846 or 2852
are to be classified in those headings and in no other heading of this Section.
2. Subject to Note 1 above, goods classifiable in heading 3004, 3005, 3006, 3212, 3303, 3304, 3305,
3306, 3307, 3506, 3707 or 3808 by reason of being put up in measured doses or for retail sale are to be
classified in those headings and in no other heading of this Schedule.
3. Goods put up in sets consisting of two or more separate constituents, some or all of which fall in this
Section and are intended to be mixed together to obtain a product of Section VI or VII, are to be classified
in the heading appropriate to that product, provided that the constituents are:
(a) having regard to the manner in which they are put up, clearly identifiable as being intended to
be used together without first being repacked;
(b) presented together; and
(c) identifiable, whether by their nature or by the relative proportions in which they are present,
as being complementary one to another.
CHAPTER 28
Inorganic chemicals, organic or inorganic compounds of precious metals,
of rare-earth metals, of radioactive elements or of isotopes
NOTES :
1. Except where the context otherwise requires, the headings of this Chapter apply only to:
(a) separate chemical elements and separate chemically defined compounds, whether or not
containing impurities;
(b) the products mentioned in (a) above dissolved in water;
(c) the products mentioned in (a) above dissolved in other solvents provided that the solution
constitutes a normal and necessary method of putting up these products adopted solely for reasons of
safety or for transport and that the solvent does not render the product particularly suitable for specific
use rather than for general use;
(d) the products mentioned in (a), (b) or (c) above with an added stabiliser (including an anti-
caking agent) necessary for their preservation or transport;
(e) the products mentioned in (a), (b), (c) or (d) above with an added anti-dusting agent or a
colouring substance added to facilitate their identification or for safety reasons, provided that the
additions do not render the product particularly suitable for specific use rather than for general use.
2. In addition to dithionites and sulphoxylates, stabilised with organic substances (heading 2831),
carbonates and peroxocarbonates of inorganic bases (heading 2836), cyanides, cyanide oxides and complex
SECTION-VI 220 CHAPTER-28
cyanides of inorganic bases (heading 2837), fulminates, cyanates and thiocyanates, of inorganic bases (heading
2842), organic products included in headings 2843 to 2846 and 2852 carbides (heading 2849), only the
following compounds of carbon are to be classified in this Chapter:
(a) oxides of carbon, hydrogen cyanide and fulminic, isocyanic, thiocyanic and other simple or
complex cyanogen acids (heading 2811);
(b) halide oxides of carbon (heading 2812);
(c) carbon disulphide (heading 2813);
(d) thiocarbonates, selenocarbonates, tellurocarbonates, selenocyanates, tellurocyanates,
tetrathiocyanatodiamminochromates (reineckates) and other complex cyanates, of inorganic bases
(heading 2842);
(e) hydrogen peroxide, solidified with urea (heading 2847), carbon oxysulphide, thiocarbonyl
halides, cyanogen, cyanogen halides and cyanamide and its metal derivatives (heading 2853) other
than calcium cyanamide, whether or not pure (Chapter 31).
3. Subject to the provisions of Note 1 to Section VI, this Chapter does not cover:
(a) sodium chloride or magnesium oxide, whether or not pure, or other products of Section V;
(b) organo-inorganic compounds other than mentioned in Note 2 above;
(c) products mentioned in Note 2, 3 , 4 or 5 to Chapter 31;
(d) inorganic products of a kind used as luminophores, of heading 3206; glass frit and other glass
in the form of powder, granules or flakes, of heading 3207;
(e) artificial graphite (heading 3801); products put up as charges for fire extinguishers or put up
in fire-extinguishing grenades, of heading 3813; ink removers put up in packings for retail sale, of
heading 3824; cultured crystals (other than optical elements) weighing not less than 2.5 g each, of the
halides of the alkali or alkaline-earth metals, of heading 3824;
(f) precious or semi-precious stones (natural, synthetic or reconstructed) or dust or powder of
such stones (headings 7102 to 7105), or precious metals or precious metal alloys of Chapter 71;
(g) the metals, whether or not pure, metal alloys or cermets, including sintered metal carbides
(metal carbides sintered with a metal), of Section XV; or
(h) optical elements, for example, of the halides of the alkali or alkaline-earth metals (heading
9001).
4. Chemically defined complex acids consisting of a non-metal acid of Sub-Chapter II and a metal acid
of Sub-Chapter IV are to be classified in heading 2811.
5. Headings 2826 to 2842 apply only to metal or ammonium salts or peroxysalts.
Except where the context otherwise requires, double or complex salts are to be classified in heading
2842.
6. Heading 2844 applies only to:
(a) technetium (atomic No. 43), promethium (atomic No. 61), Polonium (atomic No. 84) and all
elements with an atomic number greater than 84;
(b) natural or artificial radioactive isotopes (including those of the precious metals or of the base
SECTION-VI 221 CHAPTER-28
_____________________________________________________________________________________________________
2810 OXIDES OF BORON; BORIC ACIDS
- Oxides of boron; boric acids :
2810 00 10 --- Oxides of boron kg. 10% -
_____________________________________________________________________________________________________
2811 OTHER INORGANIC ACIDS AND OTHER INORGANIC
OXYGEN COMPOUNDS OF NON- METALS
- Other inorganic acids :
2811 11 00 -- Hydrogen fluoride (hydrofluoric acid) kg. 10% -
2811 12 00 -- Hydrogen cyanide (hydrocyanic acid ) kg. 10% -
*Amended by Notfn. No. 48/18, dt. 20.06.2018
**Amended by Notfn. No. 16/19, dt. 15.06.2019
SECTION-VI 224 CHAPTER-28
Whereas, in the matter of import of Soda Ash falling under sub-heading 2836 20 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975) from the People’s Republic of China, the
Director General (Safeguard), in preliminary findings published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i), dated the 30th January, 2009, vide number G.S.R. 62 (E), dated the
30th January, 2009, had come to the conclusion that increased imports of Soda Ash into India from the
People’s Republic of China had caused and threatened to cause market disruption to domestic industry
of Soda Ash and it necessitates the imposition of provisional safeguard duty on imports of Soda Ash into India from
People’s Republic of China ;
Now, therefore, in exercise of the powers conferred by sub-section (2) of section 8C of the
said Act, read with rules 10 and 14 of the Customs Tariff (Transitional Product Specific Safeguard
Duty) Rules, 2002, the Central Government after considering the said findings of the Director General
(Safeguard), hereby imposes a safeguard duty, at the rate of 20 per cent. ad valorem on import of Soda
Ash, falling under sub-heading 2836 20 of the First Schedule to the said Act, when imported into India from
the People’s Republic of China .
2. The safeguard duty imposed under this notification shall be effective upto and inclusive of the
5th November, 2009 unless revoked, superseded or amended earlier.
Whereas, in the matter of import of Soda Ash (hereinafter also referred as the subject goods),
SECTION-VI 237 CHAPTER-28
falling under tariff item 2836 20, of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)
(hereinafter referred to as the said Act), from People’s Republic of China, the Director General
(Safeguards), in its preliminary findings vide number G.S.R. 62 (E), dated the 30th January, 2009,
published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 30th
January, 2009, had come to the conclusion that increased imports of Soda Ash into India from the
People’s Republic of China had caused and threatened to cause market disruption to domestic industry
of Soda Ash and that this had necessitated the imposition of provisional safeguard duty on imports of
Soda Ash into India from People’s Republic of China ;
And whereas, on the basis of the aforesaid findings of the Director General (Safeguards), the
Central Government had imposed provisional Safeguard duty on imports of the subject goods vide
notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 37/
2009-CUSTOMS, dated the 20th April, 2009, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i), dated the 20th April, 2009, vide number G.S.R.264 (E), dated the 20th April,
2009;
And whereas, the Director General (Safeguards) in its final findings vide number G.S.R.725(E),
dated the 6th October, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-
section (i), dated the 6th October, 2009 had come to the conclusion that increased imports of Soda Ash
into India from the People’s Republic of China had caused and threatened to cause market disruption to
the domestic industry of Soda Ash and it necessitated the imposition of definitive safeguard duty on
imports of Soda Ash into India from People’s Republic of China;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 8C of the
said Act, read with rules 12 and 14 of the Customs Tariff (Transitional Product Specific Safeguard
Duty) Rules, 2002, the Central Government after considering the said findings of the Director General
(Safeguards), hereby imposes a safeguard duty at the rate of 20% ad valorem on Soda Ash, falling
under tariff item 2836 20 of the First Schedule to the said Act, when imported into India from the
People’s Republic of China.
2. The Safeguard duty imposed under this notification shall be levied with effect for one year
from the date of imposition of the provisional Safeguard duty, and shall remain in force upto and inclusive
of the 19th April, 2010.
[Notfn. No. 131/ 2009-Cus., dt. 4.12.2009.]
Whereas, in the matter of import of Caustic Soda lye , falling under tariff item 2815 12 00 of the
First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Act),
the Director General (Safeguard), in preliminary findings vide number G.S.R.754(E), dated the 15th
October, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated
the 15th October, 2009, had come to the conclusion that increased imports of Caustic Soda lye into
India had caused and threatened to cause further serious injury to the domestic producers of Caustic
Soda lye and it necessitates the imposition of provisional safeguard duty on imports of Caustic Soda lye
into India;
Now, therefore, in exercise of the powers conferred by sub-section (2) of section 8B of the
said Act, read with rules 10 and 14 of the Customs Tariff (Identification and Assessment of Safeguard
Duty) Rules, 1997, the Central Government after considering the said findings of the Director General
SECTION-VI 238 CHAPTER-28
(Safeguard), hereby imposes on Caustic Soda lye, falling under tariff item 2815 12 00 of the First
Schedule to the said Act, when imported into India, a safeguard duty at the rate of 15 per cent. ad
valorem.
2. Nothing contained in this notification shall apply to imports of Caustic Soda lye from countries
notified as developing countries under clause (a) of sub-section (6) of section 8B of the said Act, other
than the People’s Republic of China, Indonesia, Qatar, Saudi Arabia and Thailand.
3. The safeguard duty imposed under this notification shall be effective upto and inclusive of the
3rd March, 2010 (unless revoked, superseded or amended earlier).
And whereas, the Director General (Safeguards) in its final findings vide number G.S.R.725(E),
dated the 6th October, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-
section (i), dated the 6th October, 2009 had come to the conclusion that increased imports of Soda Ash
into India from the People’s Republic of China had threatened to cause market disruption to the domestic
industry of Soda Ash and it necessitated the imposition of definitive safeguard duty on imports of Soda
Ash into India from People’s Republic of China;
And whereas, on the basis of the aforesaid findings of the Director General (Safeguards), the
Central Government had imposed Safeguard duty on imports of the subject goods vide notification of
the Government of India in the Ministry of Finance (Department of Revenue), No. 122/2009-Customs,
dated the 5th November, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-
section (i), dated the 5th November, 2009, vide number G.S.R.797 (E), dated the 5th November, 2009;
And whereas, the Director General (Safeguards) in its final findings in review proceedings vide
number G.S.R.318(E), dated the 13th April, 2010, published in the Gazette of India, Extraordinary, Part
II, Section 3, Sub-section (i), dated the 13th April, 2010 (hereinafter referred to as the said findings)
had come to the conclusion that threat of market disruption to the domestic industry of Soda Ash
continued to exist and it necessitated the continuation of safeguard duty on imports of Soda Ash into
India from People’s Republic of China;
Now, therefore, in exercise of the powers conferred by sub-section (1), of section 8C of the
SECTION-VI 239 CHAPTER-28
said Act, and in accordance with the rules 12, 14 and 17 of the Customs Tariff (Transitional Product
Specific Safeguard Duty) Rules, 2002, the Central Government after considering the said findings of
the Director General (Safeguards), hereby imposes a safeguard duty at the rate of 16% ad valorem on
Soda Ash, falling under tariff item 2836 20 of the First Schedule to the said Act, when imported into
India from the People’s Republic of China.
2. The Safeguard duty imposed under this notification shall be levied with effect from the date of
publication of this notification in Gazette of India, and shall remain in force upto and inclusive of the
19th April, 2011.
THE SEVENTH SCHEDULE
[See Section 58 (1)]
CHAPTER 29
Organic chemicals
NOTES :
1. Except where the context otherwise requires, the headings of this Chapter apply only to :
(a) separate chemically defined organic compounds, whether or not containing impurities;
(b) mixtures of two or more isomers of the same organic compound (whether or not containing
impurities), except mixtures of acyclic hydrocarbon isomers (other than stereoisomers), whether or not
saturated (Chapter 27);
(c) the products of headings 2936 to 2939 or the sugar ethers, sugar acetals and sugar esters, and
their salts, of heading 2940, or the products of heading 2941, whether or not chemically defined;
(d) the products mentioned in (a), (b) or (c) above dissolved in water;
(e) the products mentioned in (a), (b) or (c) above dissolved in other solvents provided that the
solution constitutes a normal and necessary method of putting up these products adopted solely for
reasons of safety or for transport and that the solvent does not render the product particularly suitable
for specific use rather than for general use;
(f) the products mentioned in (a), (b), (c), (d) or (e) above with an added stabiliser (including an
anti-caking agent) necessary for their preservation or transport;
(g) the products mentioned in (a), (b), (c), (d), (e) or (f) above with an added anti-dusting agent
or a colouring or odoriferous substance added to facilitate their identification or for safety reasons,
provided that the additions do not render the product particularly suitable for specific use rather than for
general use;
(h) the following products, diluted to standard strengths, for the production of azo dye: diazonium
salts, couplers used for these salts and diazotisable amines and their salts.
2. This Chapter does not cover :
(a) goods of heading 1504 or crude glycerol of heading 1520;
(b) ethyl alcohol (heading 2207 or 2208);
(c) methane or propane (heading 2711);
(d) the compounds of carbon mentioned in Note 2 to Chapter 28;
(e) Immunological products of heading 3002;
(f) urea (heading 3102 or 3105);
(g) colouring matter of vegetable or animal origin (heading 3203), synthetic organic colouring
matter, synthetic organic products of a kind used as fluorescent brightening agents or as luminophores
(heading 3204) or dyes or other colouring matter put up in forms or packings for retail sale (heading
3212);
(h) enzymes (heading 3507);
(ij) metaldehyde, hexamethylenetetramine or similar substances, put up in forms (for example,
tablets, sticks or similar forms) for use as fuels or liquid or liquefied-gas fuels in containers of a kind
used for filling or refilling cigarette or similar lighters and of a capacity not exceeding 300 cm3 (heading
3606);
SECTION-VI 241 CHAPTER-29
These provisions apply only when the ring-position hetero-atoms are those resulting solely from the
cyclising function or functions here listed.
8. For the purpose of heading 2937 :
(a) the term “hormones” includes hormone-releasing or hormone-stimulating factors, hormone
inhibitors and hormone antagonists (anti-hormones);
(b) the expression “used primarily as hormones” applies not only to hormone derivatives and
structural analogues used primarily for their hormonal effect, but also to those derivatives and structural
analogues used primarily as intermediates in the synthesis of products of this heading.
SUB-HEADING NOTE :
1.Within any one heading of this Chapter, derivatives of a chemical compound (or group of chemical
compounds) are to be classified in the same sub-heading as that compound (or group of compounds) provided
that they are not more specially covered by any other sub-heading and that there is no residual sub-heading
named “other” in the series of sub-headings concerned.
2. Note 3 to this Chapter shall not be applicable to the sub-heading of this Chapter.
--- Chlorofluoroethanes:
2903 77 21 ---- Chlorpentafluoroethane kg. 10% -
2903 77 22 ---- 1,2- Dichlorotetrafluoroethane kg. 10% -
2903 77 23 ---- Trichlorotrifluoroethane kg. 10% -
2903 77 24 ---- Tetrachlorodifluoroethane kg. 10% -
2903 77 25 ---- Pentachlorofluoroethane kg. 10% -
--- Chlorofluoropropanes:
2903 77 31 ---- Chloroheptafluoropropane kg. 10% -
2903 77 32 ---- Dichlorohexafluoropropane kg. 10% -
2903 77 33 ---- Trichloropentafluoropropane kg. 10% -
________________________________________________________________________________________________
IV. — ETHERS, ALCOHOL PEROXIDES,
ETHER PEROXIDES, KETONE PEROXIDES,
EPOXIDES WITH A THREE-MEMBERED
RING, ACETALS AND HEMIACETALS, AND
THEIR HALOGENATED, SULPHONATED,
NITRATED OR NITROSATED DERIVATIVES
________________________________________________________________________________________________
2920 ESTERS OF OTHER INORGANICACIDS
OF NON-METALS(EXCLUDING ESTERS OF
HYDROGEN HALIDES) AND THEIR SALTS;
THEIR HALOGENATED, SULPHONATED,
NITRATED OR NITROSATED DERIVATIVES
- Thiophosphoric esters (phosphorothioates)
SECTION-VI 260 CHAPTER-29
Whereas, in the matter of import of Phthalic anhydride, falling under tariff item 2917 35 00 of the
First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Act), the
Director General (Safeguard), in preliminary findings vide number G.S.R.3 (E), dated the 1st January, 2009,
published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 1st January,
2009, had come to the conclusion that increased imports of Phthalic anhydride into India had caused and
threatened to cause further serious injury to the domestic producers of Phthalic anhydride and it necessitates
to impose provisional safeguard duty on imports of Phthalic anhydride into India;
Now, therefore, in exercise of the powers conferred by sub-section (2) of section 8B of the said Act,
read with rules 10 and 14 of the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules,
1997, the Central Government after considering the said findings of the Director General (Safeguards),
hereby imposes on Phthalic anhydride, falling under tariff item 2917 35 00 of the First Schedule to the said
Act, when imported into India, a safeguard duty at the rate of 25 % ad valorem.
2. Nothing contained in this notification shall apply to imports of Phthalic anhydride from countries
notified as developing countries under clause (a) of sub-section (6) of section 8B of the said Act, other than
Pakistan, Indonesia and Thailand.
3. The safeguard duty imposed under this notification shall be effective upto and inclusive of the 16th
August, 2009 (unless revoked, superseded or amended earlier).
Whereas, in the matter of import of Phthalic anhydride (hereinafter referred as the subject goods),
falling under tariff item 2917 35 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)
(hereinafter referred to as the said Act), the Director General (Safeguard), in preliminary findings vide
number G.S.R.3 (E), dated the 1 sl January, 2009, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i), dated the 1 Sl January, 2009, had come to the conclusion that increased imports of
Phthalic anhydride into India had caused and threatened to cause further serious injury to the domestic
SECTION-VI 280 CHAPTER-29
producers of Phthalic anhydride and it had necessitated for imposition of provisional safeguard duty on
imports of Phthalic anhydride into India;
And whereas. on the basis of the aforesaid findings of the Director General (Safeguard), the Central
Government had imposed provisional safeguard duty on imports of the subject goods vide notification of the
Government of India in the Ministry of Finance (Department of Revenue), No. 9/2009-Customs, dated the
29th January. 2009. published in the Gazette of India vide number G.S.R.55(E). dated the 29th January, 2009;
And whereas, the Director General (Safeguard) in its final findings vide number G.S.R. 366(E),
dated the 28th May. 2009. published in the Gazette of India. Extraordinary, Part II, Section 3, Sub-section (i),
dated the 28th May_ 2009 has come to the conclusion that increased imports of Phthalic anhydride into India
has caused and threatened to cause further serious injury to the domestic producers of Phthalic anhydride
and it necessitates to impose provisional safeguard duty on imports of Phthalic anhydride into India, and has
recommended the imposition of safeguard duty on imports of the subject goods into India;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 8B of the said Act,
read with rules 12 and 14 of the Customs Tariff (Identification and anhydride, falling under tariff item 2917 35
00 of the First Schedule to the said Act. when imported into India, a safeguard duty at the rate of -
(a) 25% ad valorem. when imported from the 29th day of January, 2009 to 30th day of June,
2009 (both days inclusive): and
(b) 15% ad’valorem, when impohed from the 1st day of July. 2009 to 31st day of December,
2009 (both days inclusive)
2. Nothing contained in this notification shall apply to imports of Phthalic anhydride from countries
notified as developing countries notified as developing countries under clause (a) of sub-section (6) of
section 8B of the said Act, other than Pakistan, Indonesia and Thailand.
Whereas, in the matter of import of Phthalic anhydride, falling under tariff item 29173500 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Act), the Director
General (Safeguard), in preliminary findings published in the Gazette of India, Extraordinary, Part II, Section
3, Sub-section (i), vide number G.S.R. 719 (E), dated the 23rd September, 2011, had come to the conclusion
that increased imports of Phthalic anhydride into India had caused and threatened to cause further serious
injury to the domestic producers of Phthalic anhydride and it necessitates to impose provisional safeguard
duty on imports of Phthalic anhydride into India;
Now, therefore, in exercise of the powers conferred by sub-section (2) of section 8B of the said Act,
read with rules 10 and 14 of the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules,
1997, the Central Government after considering the said findings of the Director General (Safeguards),
hereby imposes on Phthalic anhydride, falling under tariff item 2917 35 00 of the First Schedule to the said
Act, when imported into India, a safeguard duty at the rate of 10% ad valorem.
2. The safeguard duty imposed under this notification shall be effective for a period of 180 days (unless
revoked, superseded or amended earlier) from the publication of this notification in the Official Gazette.
SECTION-VI 281 CHAPTER-29
Safeguard Duty on Import of Saturated Fatty Alcohols with carbon chain length of
C8,C10,C12,C14,C16, and C18.
[Notfn. No.3/14-Cus.,(SG), dated 28.8.2014]
Whereas, in the matter of import of “Saturated Fatty Alcohols with carbon chain length of
C8,C10,C12,C14,C16, and C18 including single, blends and unblended (not including branched isomers) which
includes blends of a combination of carbon chain lengths, C12-C14, C12-C16, C12-C18,C16-18 and C14-C16
(commonly categorized as C12-C14)” (hereinafter referred to as the subject goods), falling under sub-head-
ing 2905 17 or 3823 70 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter
referred to as the Customs Tariff Act), the Director General (Safeguard), in his preliminary findings, pub-
lished vide number G.S.R. 357 (E), dated the 26th May, 2014, in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i), dated the 26th May, 2014, has come to the conclusion that increased imports of
subject goods into India has caused and threatened to cause further serious injury to the domestic producers
of subject goods, necessitating the imposition of safeguard duty on imports of subject goods into India, and
accordingly has recommended the imposition of provisional safeguard duty on imports of the subject goods
into India;
Now, therefore, in exercise of the powers conferred by sub-section (2) of section 8B of the said
Customs Tariff Act, read with rules 10 and 14 of the Customs Tariff (Identification and Assessment of
Safeguard Duty) Rules, 1997, the Central Government after considering the said findings of the Director
General (Safeguards), hereby imposes on subject goods falling under sub-heading 2905 17 or 3823 70 of the
First Schedule to the Customs Tariff Act, when imported into India, a provisional safeguard duty at the rate of
twenty per cent. ad valorem.
2. Nothing contained in this notification shall apply to imports of subject goods from countries notified as
developing countries under clause (a) of sub-section (6) of section 8B of the Customs Tariff Act, other than
Malaysia, Thailand and Indonesia.
3. The safeguard duty imposed under this notification shall be effective for a period of two hundred days
(unless revoked, superseded or amended earlier) from the date of publication of this notification in the Offi-
cial Gazette.
Whereas, in the matter of import of Sodium Citrate (hereinafter referred to as the subject goods), falling under
tariff item 2918 15 20 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the
Customs Tariff Act), the Director General (Safeguard), in his final findings, published vide number G.S.R. 663 (E), dated
the 16th September, 2014, in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), has come to the
conclusion that increased imports of Sodium Citrate into India has caused and threatened to cause further serious injury
to the domestic producers of Sodium Citrate, necessitating the imposition of safeguard duty on imports of Sodium
Citrate into India, and accordingly has recommended the imposition of safeguard duty on imports of the subject goods
into India.
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 8B of the Customs Tariff
Act,read with rules 12, 14 and 17 of the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997,
the Central Government after considering the aforesaid findings of the Director General (Safeguards), hereby imposes on
Sodium Citrate falling under tariff item 2918 15 20 of the First Schedule to the Customs Tariff Act, when imported into
SECTION-VI 282 CHAPTER-29
(a) thirty per cent. ad valorem when imported during the period from 31st December, 2014 to 30th December, 2015
(both days inclusive);
(b) twenty per cent. ad valorem, when imported during the period from 31st December, 2015 to 30th December, 2016
(both days inclusive); and
(c) ten per cent. ad valorem, when imported during the period from 31st December, 2016 to 30th December, 2017
(both days inclusive).
2. Nothing contained in this notification shall apply to imports of Sodium Citrate from countries notified as
developing countries under clause (a) of sub-section (6) of section 8B of the Customs Tariff Act, other than the People's
Republic of China.
Countervailing duty on Saccharin in all its forms originating in or exported from, specified coun-
tries
[Notfn. No. 02/2019-Cus.,(CVD), dated 30.08.2019]
Whereas, in the matter of “Saccharin in all its forms” (hereinafter referred to as the subject goods) falling under tariff item
2925 11 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff
Act), originating in or exported from, People’s Republic of China (hereinafter referred to as the subject countries), and
imported into India, the Designated Authority in its final findings, published in the Gazette of India, Extraordinary, Part
I, Section 1, vide notification No. 6/18/2018-DGAD, dated the 19th June, 2019, has come to the conclusion that:-
(a) the product under consideration has been exported to India from subject countries at subsidized value, thus
resulting in subsidization of the product;
(b) the domestic industry has suffered material injury due to subsidization of the product under consideration;
and
(c) the material injury has been caused by the subsidized imports of the subject goods originating in or exported
from the subject country.
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (6) of section 9 of the Customs Tariff Act,
read with rules 20 and 22 of the Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on
Subsidized Articles and for Determination of Injury) Rules, 1995, the Central Government, after considering the aforesaid
final findings of the Designated Authority, hereby imposes definitive Countervailing Duty on the subject goods, the
description of which is specified in column (3) of the Table below, falling under tariff item of the First Schedule to the
Customs Tariff Act as specified in the corresponding entry in column (2), originating in and exported from the countries
as specified in the corresponding entry in column (4), produced by the producers as specified in the corresponding entry
in column (5), and imported into India, countervailing duty of an amount as specified in the corresponding entry in
column (6) of the said Table, namely:-
Duty Table
2. The countervailing duty imposed under this notification shall be levied for a period of five years (unless revoked, superseded or
amended earlier) from the date of publication of this notification in the Official Gazette and shall be payable in Indian currency.
(1) "CIF value" means the assessable value as determined under section 14 of the Customs Act, 1962 (52 of 1962).
SECTION-VI 284 CHAPTER-30
CHAPTER 30
Pharmaceutical products
NOTES :
1. This Chapter does not cover:
(a) foods or beverages (such as dietetic, diabetic or fortified foods, food supplements, tonic beverages
and mineral waters), other than nutritional preparations for intravenous administration (Section IV);
(b) Preparations, such as tablets, chewing gum or patches (transdermal systems) intended to
assist smokers to stop smoking ( heading 2106 or 3824);
(c) plasters specially calcined or finely ground for use in dentistry (heading 2520);
(d) aqueous distillates or aqueous solutions of essential oil, suitable for medicinal uses (heading
3301);
(e) preparations of headings 3303 to 3307, even if they have therapeutic or prophylactic properties;
(f) soap or other products of heading 3401 containing added medicaments;
(g) preparations with a basis of plaster for use in dentistry (heading 3407); or
(h) blood albumin not prepared for therapeutic or prophylactic uses (heading 3502).
2. For the purposes of heading 3002, the expression “immunological products” applies to peptides and
proteins (other than goods of heading 2937) which are directly involved in the regulation of immunological
processes, such as monoclonal antibodies (MAB), antibody fragments, antibody conjugates and antibody
fragment conjugates, interleukins, interferons (IFN), chemokines and certain tumor necrosis factors (TNF),
growth factors (GF), hematopoietins and colony stimulating factors (CSF).;
3. For the purposes of headings 3003 and 3004 and of Note 4(d) to this Chapter, the following are to be
treated:
(a) as unmixed products:
(1) unmixed products dissolved in water;
(2) all goods of Chapter 28 or 29; and
(3) simple vegetable extracts of heading 1302, merely standardised or dissolved in any solvent;
(b) as products which have been mixed:
(1) colloidal solutions and suspensions (other than colloidal sulphur);
(2) vegetable extracts obtained by the treatment of mixture of vegetable materials; and
(3) salts and concentrates obtained by evaporating natural mineral waters.
4. Heading 3006 applies only to the following, which are to be classified in that heading and in no other
heading of this Schedule—
(a) sterile surgical catgut, similar sterile suture materials (including sterile absorbable surgical or
dental yarns) and sterile tissue adhesives for surgical wound closure;
(b) sterile laminaria and sterile laminaria tents;
(c) sterile absorbable surgical or dental haemostatics sterile surgical or dental adhesion barriers,
SECTION-VI 285 CHAPTER-30
2. Sub-headings 3003 60 and 3004 60 cover medicaments containing artemisinin (INN) for oral
ingestion combined with other pharmaceutical active ingredients, or containing any of the following
active principles, whether or not combined with other pharmaceutical active ingredients: amodi
aquine (INN); artelinic acid or its salts; artenimol (INN); artemotil (INN); artemether (INN); artesunate
(INN); chloroquine (INN); dihydroartemisinin (INN); lumefantrine (INN);mefloquine (INN);
piperaquine (INN); pyrimethamine (INN) or sulfadoxine (INN).
3004 50 32 ---- Of vitamin B1 and B2 and salts thereof kg. 10% 10%
3004 50 33 ---- Of vitamin B9 kg. 10% 10%
3004 50 34 ---- Of vitamin B12 kg. 10% 10%
3004 50 35 ---- Of vitamin C kg. 10% 10%
3004 50 36 ---- Of vitamin D kg. 10% 10%
3004 50 37 ---- Of vitamin E kg. 10% 10%
3004 50 39 ---- Other kg. 10% 10%
3004 50 90 --- Other kg. 10% 10%
3004 60 00 - Other, containing antimalarial active principles kg. 10% 10%
described in Sub-heading Note 2 to this Chapter
3004 90 - Other :
--- Ayurvedic, Unani, Homoeopathic, Siddha or
Bio-chemic systems medicaments, put up for
retail sale :
3004 90 11 ---- Of Ayurvedic system kg. 10% 10%
3004 90 12 ---- Of Unani system kg. 10% 10%
3004 90 13 ---- Of Siddha system kg. 10% 10%
3004 90 14 ---- Of Homoeopathic system kg. 10% 10%
3004 90 15 ---- Of Bio-chemic system kg. 10% 10%
--- Anthelmintics drugs; antiamoebic and other
antiprotozal drugs;
antifungal drugs :
3004 90 21 ---- Anthelmintics and preparations thereof kg. 10% 10%
3004 90 22 ---- Metronidazole kg. 10% 10%
3004 90 23 ---- Tinidazole kg. 10% 10%
3004 90 24 ---- Secnidazole kg. 10% 10%
3004 90 25 ---- Diluxamide furoate kg. 10% 10%
3004 90 26 ---- Sodium stibogluconate kg. 10% 10%
3004 90 27 ---- Pentamidine kg. 10% 10%
3004 90 29 ---- Other kg. 10% 10%
--- Antihistaminics drugs; antacids preparations;
antiulcer drugs;
antiemitics and other gastrointestinal drugs :
3004 90 31 ---- Promethazine, chlorpheniramine, kg. 10% 10%
astemizole and ceteirizine
3004 90 32 ---- Sodium bicarbonate, magnesium hydroxide kg. 10% 10%
(milk of magnesia), magnesium carbonate,
magnesium trisilicate, aluminium hydroxide
gel, magaldarate and combinations thereof
3004 90 33 ---- Cimetidine, rantidine, nizatidine and roxatidine kg. 10% 10%
3004 90 34 ---- Omeprazole and lansoprazole kg. 10% 10%
3004 90 35 ---- Dicyclomine, metoclopramide and dexame kg. 10% 10%
thasone and ondansetron
3004 90 36 ---- Chenodiol and ursodiol kg. 10% 10%
3004 90 39 ---- Other kg. 10% 10%
SECTION-VI 292 CHAPTER-30
DRUGS AND MEDICINES ARE SUPPLIED FREE OF COST TO THE PATIENTS UNDER
THE PATIENT ASSISTANCE PROGRAMME OF THE SPECIFIED PHARMACEUTICAL
COMPANY:
[Notifn.No. 16/2017-Cus., dt. 20.4. 2017 as amended by 83/17].
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts the goods, falling under Chapter 30 of the First Schedule to the Customs Tariff Act, 1975 (51 of
1975), of the description specified in column (2) of the Table below, for supply under Patient Assistance
Programmes specified in the corresponding entry in column (3) of the said Table, run by the pharmaceutical
companies specified in the corresponding entry in column (4) of the said Table, when imported into India,
from the whole of the duty of customs leviable thereon which is specified in the First Schedule to the said
Customs Tariff Act, subject to the following conditions, namely:-
(a) the drugs and medicines are supplied free of cost to the patients under the Patient Assistance
Programme of the specified pharmaceutical company;
(b) the said pharmaceutical company furnishes an undertaking to the Assistant Commissioner of
Customs or the Deputy Commissioner of Customs, as the case may be, having jurisdiction, to the
effect that-
(i) it shall maintain the following records:-
(A) name, age, gender, residence and contact details of the patient;
(B) copies of valid identity proof and residence proof of the patient and the caregiver, if
any, as the case may be;
(C) the disease diagnosed and the prescribed dosage of drugs and medicines;
(D) the drugs and medicines imported or received and consumed under the said
programme;
(ii) the goods shall be used for the specified purpose only;
(c) The said pharmaceutical company also furnishes an undertaking to the Assistant Commissioner of
Customs or Deputy Commissioner of Customs, as the case may be, having jurisdiction, to pay, in the
event of failure to comply with any of the aforesaid conditions, an amount equal to the duty leviable
SECTION-VI 296 CHAPTER-30
on such goods but for the exemption contained in this notification, along with the applicable interest
thereon.
TABLE
_________________________________________________________________________________________________
Sr. Description of drug / Name of Patient Assistance Name of pharmaceutical
No. medicine Programme company running Patient
Assistance Programme
_________________________________________________________________________________________________
(1) (2) (3) (4)
_________________________________________________________________________________________________
1. Xtandi (Enzulatamide) Xtandi Patient Assistance Programme Astellas Pharma India Pvt. Ltd.
2. Dasatinib (Sprycel) Sprycel Assistance Program Bristol Myers Squibb India Pvt.
Ltd.
3. Nivolumab (Opdyta) OASIS Bristol Myers Squibb India Pvt.
Ltd.
4. Halaven (Eribulin medylate) Hope to Her - Eisai Pharmaceuticals India Pvt.
- Metastatic Breast cancer, 2 to 3 cycles purchased and balanced Ltd.
Soft Tissue Sarcoma free upto disease progression
HELP - Eisai Pharmaceuticals India Pvt.
All cycles free for below poverty Ltd.
line patients
5. Zonegran (Zonisamide) - Livefree - 33% Eisai Pharmaceuticals India Pvt.
for Epilespy Support to patients for extending Ltd.
duration of treatment as this is a
chronic therapy
6. Imbruvica 1+1 PAP Janssen India, Johnson & Johnson
Pvt. Ltd.
7. Zytiga 3+1 PAP Janssen India, Johnson & Johnson
Pvt. Ltd.
8. Velcade 1mg 3+1 PAP Janssen India, Johnson & Johnson
Pvt. Ltd.
9. Velcade 3.5 mg 1+1 PAP Janssen India, Johnson & Johnson
Pvt. Ltd.
10.Caelax 1+1 PAP Janssen India, Johnson & Johnson
Pvt. Ltd.
11.Dacogen 1+1 PAP Janssen India, Johnson & Johnson
Pvt. Ltd.
12.Yondelis 1+1 PAP Janssen India, Johnson & Johnson
Pvt. Ltd.
13.Simponi 1 vial free on 1st purchase Janssen India, Johnson & Johnson
Pvt. Ltd.
14.Remicade 5+4 on 3 dose therapy, 6+6 on Janssen India, Johnson & Johnson
4 dose therapy Pvt. Ltd.
15.Invega all SKUs 1+1 PAP (Maintenance dosage) Janssen India, Johnson & Johnson
Pvt. Ltd.
16.Imatinib (Glivec) Glivec NOA Program/ Glivec Novartis India Ltd.
International PAP
SECTION-VI 297 CHAPTER-30
17.Nilotinib (Tasigna) Win for Patients - Cancer Care Novartis India Ltd.
18.Ruxolitinib (Jakavi) Win for Patients - Cancer Care Novartis India Ltd.
19.Everolimus (Afinitor) Win for Patients - Cancer Care Novartis India Ltd.
20.Ceritinib (Spexib) Win for Patients - Cancer Care Novartis India Ltd.
21.Pazopanib (Votrient) Win for Patients - Cancer Care Novartis India Ltd.
22.Eltrombopag (Revolade) Win for Patients - Cancer Care Novartis India Ltd.
23.Indicaterol (Sequadra) Win for Patients - COPD Novartis India Ltd.
24.Secukinumab (Scapho) Win for Patients - Skincare Novartis India Ltd.
25.Omalizumab (Xolair CSU) Win for Patients - Skin care Novartis India Ltd.
26.Ranibizumab (Accentrix) Win for Patients - Visioncare Novartis India Ltd.
27.RITUXIMAB SPARSH - The Touch Dr. Reddy's Laboratories Ltd.
28.Erlotinib (Tarceva) The Blue Tree Roche Products
(India) Private Limited
29.Trastuzumab (Herclon) The Blue Tree Roche Products
(India) Private Limited
30.Pertuzumab (Perjeta) The Blue Tree Roche Products
(India) Private Limited
31.Transtuzumab Emtansine The Blue Tree Roche Products
(Kadcyla) (India) Private Limited
32.Obinutuzumab (Gazyva) The Blue Tree Roche Products
(India) Private Limited
33.Bevacizumab (Avastin) The Blue Tree Roche Products
(India) Private Limited
34.Tocilizumab (Actemra) Care for Joints Roche Products
(India) Private Limited
35.Mycophenolate Aarambh Roche Products
Mofetil (CellCept) (India) Private Limited
36.Avonex (Interferon Reach UCB India Private Limited
Beta 1A)
37.Tysabri (Monoclonal Reach UCB India Private Limited
Antibody
38.Tecfidera (Di-methyl Reach UCB India Private Limited
Fumarate)
39.Plegridy (Peggylated Reach UCB India Private Limited
Interferon Beta 1A)
40.Sorafenib (Nexavar) NexCSP (Nexavar Cancer Bayer ZydusPharma Private
Survivorship Program) Limited
41.Sirturo (Bedaquiline) Bedaquiline Compassionate Janssen India, Johnson & Johnson
Use Program Private Limited
42.Darzalex (Daratumumab) Daratumumab Patient Janssen India, Johnson & Johnson
Assistance Program Private Limited
43.SUTENT - Patients initially pay for 12 strips Pfizer Products India Private
(value equivalent of 50 mg) and gets Limited
assistance of 12 strips free.
- Post purchase of 12 strips patients
receive the drug free until prescribed
by treating physicians.
SECTION-VI 298 CHAPTER-30
CHAPTER 31
Fertilisers
NOTES :
1. This Chapter does not cover :
2. Heading 3102 applies only to the following goods, provided that they are not put up in the forms or
packages described in heading 3105:
(a) goods which answer to one or other of the descriptions given below:
(i) sodium nitrate, whether or not pure;
(ii) ammonium nitrate, whether or not pure;
(iii) double salts, whether or not pure, of ammonium sulphate and ammonium nitrate;
(iv) ammonium sulphate, whether or not pure;
(v) double salts (whether or not pure) or mixtures of calcium nitrate and ammonium nitrate;
(vi) double salts (whether or not pure) or mixtures of calcium nitrate and magnesium nitrate;
(vii) calcium cyanamide, whether or not pure or treated with oil;
(viii) urea, whether or not pure;
(b) fertilisers consisting of any of the goods described in (A) above mixed together;
(c) fertilisers consisting of ammonium chloride or of any of the goods described in (A) or (B)
above mixed with chalk, gypsum or other inorganic non-fertilising substances;
(d) liquid fertilisers consisting of the goods of sub-paragraph (A) (ii) or (viii) above, or of mixtures
of those goods, in an aqueous or ammoniacal solution.
3. Heading 3103 applies only to the following goods, provided that they are not put up in the forms or
packages described in heading 3105:
(a) goods which answer to one or other of the descriptions given below:
(i) basic slag;
(ii) natural phosphates of heading 2510, calcined or further heat-treated than for the removal
of impurities;
(iii) superphosphates (single, double or triple);
(iv) calcium hydrogen orthophosphate containing not less than 0.2 per cent. by weight of
fluorine calculated on the dry anhydrous product;
(b) fertilisers consisting of any of the goods described in (A) above mixed together, but with no
account being taken of the flourine content limit;
(c) fertilisers consisting of any of the goods described in (A) or (B) above, but with no account
being taken of the fluorine content limit, mixed with chalk, gypsum or other inorganic non-fertilising
substances.
4. Heading 3104 applies only to the following goods, provided that they are not put up in the forms or
SECTION-VI 300 CHAPTER-31
6. For the purposes of heading 3105, the term “other fertilisers” applies only to products of a kind used
as fertilisers and containing, as an essential constituent, at least one of the fertilising elements nitrogen,
phosphorus or potassium.
Exempts Urea, when imported into India under the Urea Off-take Agreement.
[Notifn. No. 4 /2015-Customs, dt. 16.2.2015.]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts Urea, falling under tariff item 3102 10 00 of the First Schedule to the Customs Tariff Act, 1975 (51
of 1975) (hereinafter referred to as the Customs Tariff Act) when imported into India under the Urea Off-
take Agreement (hereinafter referred to as UOTA) dated 29th May, 2002, as amended from time to time,
between the Government of India and Oman-India Fertilizer Company S.A.O.C., from so much of the duty
of customs leviable thereon which is specified in the First Schedule to the Customs Tariff Act, and from the
so much of the additional duty leviable thereon under sub-section (1) of section 3 of the Customs Tariff Act,
as is in excess of the amount calculated on the declared value of Urea as agreed under the UOTA, subject
to the condition that the importer shall produce, prior to clearance of the said goods, before the Assistant
Commissioner of Customs or Deputy Commissioner of Customs having jurisdiction, as the case may be, a
certificate from an officer not below the rank of Under Secretary to the Government of India in the Depart-
ment of Fertilizer to the effect that such declared value is in terms of agreed price under UOTA.
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962
(52 of 1962) and sub-section (12) of section 3 of Customs Tariff Act, 1975, (51 of 1975), the Central
Government, being satisfied that it is necessary in the public interest so to do, hereby exempts the
Integrated Goods and Services Tax, leviable under sub-section (7) of section 3 of the Customs Tariff
Act, 1975 (51 of 1975), as in excess of the amount calculated over and above the value at which
Ministry of Chemical and Fertilizers/Department of Fertilizers sells urea, falling under tariff item 3102
10 00 of the First Schedule of the Customs Tariff Act, 1975 (51 of 1975), to Fertilizer Marketing
Entities (FMEs) on high sea sale basis (commonly known as "Pool Issue Price").
2. This notification shall come into force on the 27th July, 2018.
SECTION-VI 303 CHAPTER-32
CHAPTER 32
Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter;
paints and varnishes; putty and other mastics; inks
NOTES:
1. This Chapter does not cover :
(a) separate chemically defined elements or compounds [except those of heading 3203 or 3204,
inorganic products of a kind used as lumino-phores (heading 3206), glass obtained from fused quartz
or other fused silica in the forms provided for in heading 3207, and also dyes and other colouring
matter put up in forms or packings for retail sale, of heading 3212];
(b) tannates or other tannin derivatives of products of headings 2936 to 2939, 2941 or 3501 to
3504; or
(c) mastics of asphalt or other bituminous mastics (heading 2715).
2. Heading 3204 includes mixtures of stabilised diazonium salts and couplers for the production of azo
dyes.
3. Headings 3203, 3204, 3205 and 3206 apply also to preparations based on colouring matter (including,
in the case of heading 3206, colouring pigments of heading 2530 or Chapter 28, metal flakes and metal
powders), of a kind used for colouring any material or used as ingredients in the manufacture of colouring
preparations. The headings do not apply, however, to pigments dispersed in non-aqueous media, in liquid or
paste form, of a kind used in the manufacture of paints, including enamels (heading 3212), or to other
preparations of heading 3207, 3208, 3209, 3210, 3212, 3213 or 3215.
4. Heading 3208 includes solutions (other than collodions) consisting of any of the products specified
in headings 3901 to 3913 in volatile organic solvents when the weight of the solvent exceeds 50 per cent. of
the weight of the solution.
5. The expression “colouring matter” in this Chapter does not include products of a kind used as
extenders in oil paints, whether or not they are also suitable for colouring distempers.
6. The expression “stamping foils” in heading 3212 applies only to thin sheets of a kind used for
printing, for example, book covers or hat bands, and consisting of :
(a) metallic powder (including powder of precious metal) or pigment, agglomerated with glue,
gelatin or other binder; or
(b) metal (including precious metal) or pigment, deposited on a supporting sheet of any material.
3204 19 41 ---- Azoic diazo component 12 (fast scarlet G base) kg. 10% -
3204 19 42 ---- Azoic diazo component 13 (fast scarlet R base) kg. 10% -
3204 19 43 ---- Azoic diazo component 20 (fast blue BB base) kg. 10% -
3204 19 44 ---- Azoic diazo component 24 (fast blue RR base) kg. 10% -
3204 19 45 ---- Azoic diazo component 32 (fast red KB base) kg. 10% -
3204 19 46 ---- Azoic diazo component 41 (fast violet B base) kg. 10% -
3204 19 47 ---- Azoic diazo component 48 (fast blue B base) kg. 10% -
3204 19 49 ---- Other kg. 10% -
--- Azoic colours :
3204 19 51 ---- Yellows kg. 10% -
SECTION-VI 311 CHAPTER-32
CHAPTER 33
Essential oils and resinoids, perfumery, cosmetic or toilet preparations
NOTES :
1. This Chapter does not cover:
(a) natural oleoresins or vegetable extracts of heading 1301 or 1302;
(b) soap or other products of heading 3401; or
(c) gum, wood or sulphate turpentine or other products of heading 3805.
2. The expression “odoriferous substances” in heading 3302 refers only to the substances of heading
3301, to odoriferous constituents isolated from those substances or to synthetic aromatics.
3. Headings 3303 to 3307 apply, inter alia, to products, whether or not mixed (other than aqueous
distillates and aqueous solutions of essential oils), suitable for use as goods of these headings and put up in
packings of a kind sold by retail for such use.
4. The expression “perfumery, cosmetic or toilet preparations” in heading 3307 applies, inter alia, to
the following products: scented sachets; odoriferous preparations which operate by burning; perfumed papers
and papers impregnated or coated with cosmetics; contact lens or artificial eye solution; wadding, felt and
nonwovens, impregnated, coated or covered with perfume or cosmetics; animal toilet preparations.
specified or included
3303 00 90 í--- Other kg. 20% -
____________________________________________________________________________________________________
3304 B EAUTY OR MAKE - UP PREPARATIONS AND
PREPARATIONS FOR THE CARE OF THE SKIN
( OTHER THAN MEDICAMENTS ), INCLUDING SUNSCREEN
OR SUNTAN PREPARATIONS ; MANICURE OR PEDICURE
PREPARATIONS
3304 10 00 ííí- Lip make-up preparations kg. 20% -
3304 20 00 ííí- Eye make-up preparations kg. 20% -
3304 30 00 ííí- Manicure or pedicure preparations kg. 20% -
ííí- Other:
3304 91 íí-- Powders, whether or not compressed:
3304 91 10 í--- Face powders kg. 20% -
3304 91 20 í--- Talcum powders kg. 20% -
3304 91 90 í--- Other kg. 20% -
3304 99 íí-- Other:
3304 99 10 í--- Face creams kg. 20% -
3304 99 20 í--- Nail polish or lacquers kg. 20% -
3304 99 30 í--- Moisturising lotion kg. 20% -
3304 99 40 í--- Sindur, bindi, kumkum kg. 20% -
3304 99 50 í--- Turmeric preparations kg. 20% -
3304 99 90 í--- Other kg. 20% -
____________________________________________________________________________________________________
3305 P REPARATIONS FOR USE ON THE HAIR
3305 10 ííí- Shampoos:
3305 10 10 í--- Containing spirit kg. 20% -
3305 10 90 í--- Other kg. 20% -
3305 20 00 ííí- Preparations for permanent waving or kg. 20% -
straightening
3305 30 00 ííí- Hair lacquers kg. 20% -
3305 90 ííí- Other :
í--- Hair oil :
3305 90 11 ---- Perfumed kg. 20% -
3305 90 19 ---- Other kg. 20% -
3305 90 20 í--- Brilliantines (spirituous) kg. 20% -
3305 90 30 í--- Hair cream kg. 20% -
3305 90 40 í--- Hair dyes (natural, herbal or synthetic) kg. 20% -
3305 90 50 í--- Hair fixers kg. 20% -
SECTION-VI 321 CHAPTER-33
CHAPTER 34
Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes,
prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes,
“dental waxes” and dental preparations with a basis of plaster
NOTES :
1. This Chapter does not cover :
(a) edible mixtures or preparations of animal or vegetable fats or oils of a kind used as mould
release preparations (heading 1517);
(b) separate chemically defined compounds; or
(c) shampoos, dentrifices, shaving creams and foams, or bath preparations, containing soap or
other organic surface-active agents (heading 3305, 3306 or 3307).
2. For the purposes of heading 3401, the expression “soap” applies only to soap soluble in water. Soap
and the other products of heading 3401 may contain added substances (for example, disinfectants, abrasive
powders, fillers or medicaments). Products containing abrasive powders remain classified in heading 3401
only if in the form of bars, cakes or moulded pieces or shapes. In other forms they are to be classified in
heading 3405 as “scouring powders and similar preparations”.
3. For the purposes of heading 3402, “organic surface-active agents” are products which when mixed
with water at a concentration of 0.5% at 20oC and left to stand for one hour at the same temperature:
(a) give a transparent or translucent liquid or stable emulsion without separation of insoluble
matter; and
(b) reduce the surface tension of water 4.5 X 10-2 N/m (45 dyne/Cm) or less.
4. In heading 3403, the expression “petroleum oils and oils obtained from bituminous minerals” applies
to the products defined in Note 2 to Chapter 27.
5. In heading 3404, subject to the exclusions provided below, the expression “artificial waxes and
prepared waxes” applies only to:
(a) chemically produced organic products of a waxy character, whether or not water-soluble;
(b) products obtained by mixing different waxes;
(c) products of a waxy character with a basis of one or more waxes and containing fats, resins,
mineral substances or other materials, the heading does not apply to:
(i) products of headings 1516, 3402 or 3823, even if having a waxy character;
(ii) unmixed animal waxes or unmixed vegetable waxes, whether or not refined or coloured,
of heading 1521;
(iii) mineral waxes and similar products of heading 2712 whether or not intermixed or
merely coloured; or
(iv) waxes mixed with, dispersed in or dissolved in a liquid medium (headings 3405, 3809,
etc.).
SECTION-VI 323 CHAPTER-34
CHAPTER 35
Albuminoidal substances; modified starches; glues; enzymes
NOTES :
1. This Chapter does not cover:
(a) yeasts (heading 2102);
(b) blood fractions (other than blood albumin not prepared for therapeutic or prophylactic uses),
medicaments or other products of Chapter 30;
(c) enzymatic preparations for pre-tanning (heading 3202);
(d) enzymatic soaking or washing preparations or other products of Chapter 34;
(e) hardened proteins (heading 3913); or
(f) gelatin products of the printing industry (Chapter 49).
2. For the purposes of heading 3505, the term “dextrins” means starch degradation products with a
reducing sugar content, expressed as dextrose on the dry substance, not exceeding 10%.
Such products with a reducing sugar content exceeding 10% fall in heading 1702.
CHAPTER 36
Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations
NOTES :
1. This Chapter does not cover separate chemically defined compounds other than those described in
Note 2(a) or 2(b) below.
2. The expression “articles of combustible materials” in heading 3606 applies only to:
(a) metaldehyde, hexamethylenetetramine and similar substances, put up in forms (for example,
tablets, sticks or similar forms) for use as fuels; fuels with a basis of alcohol, and similar prepared
fuels, in solid or semi-solid form;
(b) liquid or liquefied-gas fuels in containers of a kind used for filling or refilling cigarette or
similar lighters and of a capacity not exceeding 300 cm3; and
(c) resin torches, firelighters and the like.
CHAPTER 37
Photographic or cinematographic goods
NOTES :
1. This Chapter does not cover waste or scrap.
2. In this Chapter the word “photographic” relates to the process by which visible images are formed,
directly or indirectly, by the action of light or other forms of radiation on photosensitive surfaces.
SUPPLEMENTARY NOTE :
In this Chapter, the term “Central Board of Film Certification” means the authority established under
law in India for the purpose of certifying the films.
EXEMPTION NOTIFICATIONS
Exemption to motion picutres, music, gaming software for use on gaming consoles printed or recorded
on media falling under headings 3706 or 8523.
[Notfn. No. 27/10-Cus. dt. 27.2.2010 as amended by 30/17]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962) and in supersession of the notification of the Government of India in the Ministry of Finance (Depart-
ment of Revenue), No.27/2010-Customs dated the 27th February, 2010 published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 140 (E), dated the 27th February, 2010,
except as respects things done or omitted to be done before such supersession, the Central Government, on
being satisfied that it is necessary in the public interest so to do, hereby exempts motion pictures, music,
SECTION-VI 339 CHAPTER-37
gaming software for use on gaming consoles printed or recorded on media falling under headings 3706 or
8523 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), when imported into India, from so
much of the duty of customs as leviable thereon which is specified in the said First Schedule, as is in excess
of the duties which would be leviable, if the value of the said goods, for the purposes of sub-section (1) of
section 14 of the said Customs Act, were equal to the aggregate of-
Provided that nothing contained in this notification shall apply to motion pictures, music or gaming
software imported in a pre-packaged form for retail sale.
2. This notification shall come into force with effect from the 1st day of July, 2017.
SECTION-VI 340 CHAPTER-38
CHAPTER 38
Miscellaneous chemical products
NOTES:
1. This Chapter does not cover:
(a) separate chemically defined elements or compounds with the exception of the following :
(1) artificial graphite (heading 3801);
(2) insecticides, rodenticides, fungicides, herbicides, anti-sprouting pro-ducts and plant-growth
regulators, disinfectants and similar products, put up as described in heading 3808;
(3) products put up as charges for fire-extinguishers or put up in fire-extinguishing grenades
(heading 3813);
(4) certified reference materials specified in Note 2 below;
(5) products specified in Note 3 (a) or 3 (c) below;
(b) mixtures of chemicals with foodstuffs or other substances with nutritive value, of a kind used
in the preparation of human foodstuffs (generally, heading 2106);
(c) slag, ash and residues (including sludges, other than sewage sludge), containing metals, arsenic
or their mixtures and meeting the requirements of Note 3 (a) or 3(b) to Chapter 26 (heading 2620);
(d) medicaments (Heading 3003 or 3004);
(e) spent catalysts of a kind used for the extraction of base metals or for the manufacture of
chemical compounds of base metals (heading 2620), spent catalysts of a kind used principally for the
recovery of precious metal (heading 7112) or catalysts consisting of metals or metal alloys in the form
of, for example, finely divided powder or woven gauze (Section XIV or XV).
2. (A) For the purpose of heading 3822, the expression “certified reference materials” means reference
materials which are accompanied by a certificate which indicates the values of the certified properties, the
methods used to determine these values and the degree of certainty associated with each value and which
are suitable for analytical, calibrating or referencing purposes.
(B) With the exception of the products of Chapter 28 or 29, for the classification of certified reference
materials, heading 3822 shall take precedence over any other heading in the Schedule.
3. Heading 3824 includes the following goods which are not to be classified in any other heading of this
Schedule:
(a) cultured crystals (other than optical elements) weighing not less than 2.5 g each, of magnesium
oxide or of the halides of the alkali or alkaline-earth metals;
(b) fusel oil; Dippel’s oil;
(c) ink removers put up in packings for retail sale;
(d) Stencil correctors, other correcting fluids and correction tapes (other than those of heading
9612), put up in packings for retail sale; and;
SECTION-VI 341 CHAPTER-38
1. Sub-headings 3808 52 and 3808 59 cover only goods of heading 3808, containing one or more of
the following substances: alachlor (ISO); aldicarb (ISO); aldrin (ISO); azinphos-methyl (ISO); binapacryl
(ISO); camphechlor (ISO) (toxaphene); captafol (ISO); chlordane (ISO); chlordimeform (ISO); chlorobenzilate
(ISO); DDT (ISO) (clofenotane (INN),1, 1, 1-trichloro-2, 2-bis(p-chlorophenyl)ethane); dieldrin (ISO, INN);
4, 6- dinitro-o-cresol (DNOC (ISO)) or its salts; dinoseb (ISO), its salts or its esters; endosulfan (ISO);
ethylene dibromide (ISO) (1, 2-dibromoethane); ethylene dichloride (ISO) (1, 2-dichloroethane); fluoroacetamide
(ISO); heptachlor (ISO); hexachlorobenzene (ISO); 1, 2, 3, 4, 5, 6- hexachlorocyclohexane (HCH (ISO)),
including lindane (ISO, INN); mercury compounds; methamidophos (ISO); monocrotophos (ISO); oxirane
(ethylene oxide); parathion (ISO); parathion-methyl (ISO) (methylparathion); penta- and octabromodiphenyl
SECTION-VI 342 CHAPTER-38
ethers; pentachlorophenol (ISO), its salts or its esters; perfluorooctane sulphonic acid and its salts;
perfluorooctane sulphonamides; perfluorooctane sulphonyl fluoride; phosphamidon (ISO); 2, 4, 5-T (ISO) (2,
4, 5-trichlorophenoxyacetic acid), its salts or its esters; tributyltin compounds.
Sub-heading 3808 59 also covers dustable powder formulations containing a mixture of benomyl
(ISO), carbofuran (ISO) and thiram (ISO).
2. Sub-headings 3808 61 to 3808 69 cover only goods of heading 3808, containing alpha-
cypermethrin (ISO), bendiocarb (ISO), bifenthrin (ISO), chlorfenapyr (ISO), cyfluthrin (ISO), deltamethrin
(INN, ISO), etofenprox (INN), fenitrothion (ISO), lambda-cyhalothrin (ISO), malathion (ISO), pirimiphos-
methyl (ISO) or propoxur (ISO).
3. Sub-headings 3824 81 to 3824 88 cover only mixtures and preparations containing one or
more of the following substances: oxirane (ethylene oxide), polybrominated biphenyls (PBBs), polychlori-
nated biphenyls (PCBs), polychlorinated terphenyls (PCTs), tris(2, 3-dibromopropyl) phosphate, aldrin (ISO),
camphechlor (ISO) (toxaphene), chlordane (ISO), chlordecone (ISO), DDT (ISO) (clofenotane (INN), 1, 1,
1-trichloro-2, 2-bis(p-chlorophenyl)ethane), dieldrin (ISO, INN), endosulfan (ISO), endrin (ISO), heptachlor
(ISO), mirex (ISO), 1, 2, 3, 4, 5, 6-hexachlorocyclohexane (HCH (ISO)), including lindane (ISO, INN),
pentachlorobenzene (ISO), hexachlorobenzene (ISO), perfluorooctane sulphonic acid, its salts, perfluorooctane
sulphonamides, perfluorooctane sulphonyl fluoride or tetra-, penta-, hexa-, hepta- or octabromodiphenyl ethers.
4. For the purposes of tariff items 3825 41 00 and 3825 49 00, "waste organic solvents"are wastes
containing mainly organic solvents, not fit for further use as presented as primary products, whether or not
intended for recovery of solvents.';
Whereas, in the matter of import of Dimethoate Technical (hereinafter also referred as the subject
goods), falling under tariff item 3808 91 23 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)
(hereinafter referred to as the said Act), the Director General (Safeguard), in its preliminary findings published
in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 2nd February, 2009, vide
number G.S.R.66(E), dated the 2nd February, 2009, had come to the conclusion that increased imports of
Dimethoate Technical into India had caused and threatened to cause further serious injury to the domestic
producers of Dimethoate Technical and it had necessitated for imposition of provisional safeguard duty on
imports of Dimethoate Technical into India;
And whereas, on the basis of the aforesaid findings of the Director General (Safeguard), the Central
Government had imposed provisional safeguard duty on imports of the subject goods vide notification of the
Government of India in the Ministry of Finance (Department of Revenue), No. 25/2009-Customs, dated the
23rd March, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the
23rd March, 2009, vide number G.S.R.186(E), dated the 23rd March, 2009;
And whereas, the Director General (Safeguard) in its final findings published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i), dated the 18th May, 2009 vide number G.S.R.340(E), dated
the 14th May, 2009, had come to the conclusion that increased imports of Dimethoate Technical into India had
caused and threatened to cause further serious injury to the domestic producers of Dimethoate Technical and
it necessitated to impose safeguard duty on imports of Dimethoate Technical into India, and had recommended
the imposition of safeguard duty on imports of the subject goods into India;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 8B of the said Act,
read with rules 12 and 14 of the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997,
the Central Government after considering the said findings of the Director General (Safeguards), hereby
imposes on Dimethoate Technical, falling under tariff item 3808 91 23 of the First Schedule to the said Act, when
imported into India, a safeguard duty at the rate of –
SECTION-VI 353 CHAPTER-38
2. Nothing contained in this notification shall apply to imports of Dimethoate Technical from countries
notified as developing countries under clause (a) of sub-section (6) of section 8B of the said Act, other than
People’s Republic of China.
Whereas, in the matter of "Atrazine Technical" (hereinafter referred to as the subject goods) falling under tariff
items 3808 91 99, 3808 93 90 or 380899 90 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)
(hereinafter referred to as the Customs Tariff Act), originating in or exported from, People’s Republic of China
(hereinafter referred to as the subject country), and imported into India, the Designated Authority in its final
findings, published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification No. 6/19/2018-
DGAD, dated the 22nd August, 2019, has come to the conclusion that-
(i) the product under consideration has been exported to India from China PR at subsidized value, thus
resulting in subsidization of the product;
(ii) the domestic industry has suffered material injury due to subsidization of the product under
consideration;
(iii) the material injury has been caused by the subsidized imports of the subject goods originating in
or exported from the subject country,
and has recommended imposition of definitive countervailing duty so as to remove injury to the domestic
industry.
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (6) of section 9 of the Customs
Tariff Act, read with rules 20 and 22 of the Customs Tariff (Identification, Assessment and Collection of
Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995, the Central
Government, after considering the aforesaid final findings of the Designated Authority, hereby imposes
definitive countervailing duty on the subject goods, the description of which is specified in column (3) of the
Table below, falling under tariff items of the First Schedule to the Customs Tariff Act as specified in the
corresponding entry in column (2), originating in the countries as specified in the corresponding entry in column
(4), exported by the countries as specified in the corresponding entry in column (5), produced by the producers
as specified in the corresponding entry in column (6), and imported into India, countervailing duty of an amount
as specified in the corresponding entry in column (7) of the said Table, namely:-
SECTION-VI 354 CHAPTER-38
Table
6-Chloro-N-Ethyl-N’-(1-Methylethyl)-Triazine-2,4-Diamine;
2-Chloro-4-Ethylamino-6-Isopropylamine-S-Triazine;
2-Chloro-4-(Ethylamino)-6-(Isopropylamino)-S-Triazine;
2-Chloro-4-(Ethylamino)-6-(Isopropylamino)-Triazine;
Chloro-4-(Propylamino)-6-Ethylamino-S-Triazine;
Chloro-4-(Propylamino)-6-Ethylamino-S-Triazine, etc.
2. The countervailing duty imposed under this notification shall be levied for a period of five years (unless revoked,
superseded or amended earlier) from the date of publication of this notification in the Official Gazette and shall be
payable in Indian currency.
Explanation.- For the purposes of this notification, rate of exchange applicable for the purposes of calculation of such
anti-dumping duty shall be the rate which is specified in the notification of the Government of India, in the Ministry of
Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by section 14 of the
Customs Act, 1962, (52 of 1962), and the relevant date for the determination of the rate of exchange shall be the date
of presentation of the bill of entry under section 46 of the said Customs Act.
SECTION-VII 355 CHAPTER-39
SECTION VII
PLASTICS AND ARTICLES THEREOF; RUBBER AND ARTICLES THEREOF
NOTES :
1. Goods put up in sets consisting of two or more separate constituents, some or all of which fall in this
Section and are intended to be mixed together to obtain a product of Section VI or VII, are to be classified in
the heading appropriate to that product, provided that the constituents are :
(a) having regard to the manner in which they are put up, clearly identifiable as being intended to
be used together without first being repacked;
(b) presented together; and
(c) identifiable, whether by their nature or by the relative proportions in which they are present, as
being complementary one to another.
2. Except for the goods of heading 3918 or 3919, plastics, rubber, and articles thereof, printed with
motifs, characters or pictorial representations, which are not merely incidental to the primary use of the
goods, fall in Chapter 49.
CHAPTER 39
Plastics and articles thereof
NOTES :
1. Throughout this Schedule, the expression “plastics” means those materials of headings 3901 to 3914
which are or have been capable, either at the moment of polymerisation or at some subsequent stage, of
being formed under external influence (usually heat and pressure, if necessary with a solvent or plasticiser)
by moulding, casting, extruding, rolling or other process into shapes which are retained on the removal of the
external influence.
Throughout this Schedule any reference to “plastics” also includes vulcanised fibre. The expression,
however, does not apply to materials regarded as textile materials of Section XI.
2. This Chapter does not cover:
(a) lubricating preparations of heading 2710 or 3403;
(b) waxes of heading 2712 or 3404;
(c) separate chemically defined organic compounds (Chapter 29);
(d) heparin or its salts (heading 3001);
(e) solutions (other than collodions) consisting of any of the products specified in headings 3901 to
3913 in volatile organic solvents when the weight of the solvent exceeds 50% of the weight of the
solution (heading 3208); stamping foils of heading 3212;
(f) organic surface-active agents or preparation of heading 3402;
(g) run gums or ester gums (heading 3806);
(h) prepared additives for mineral oils (including gasoline) or for other liquids used for the same
purposes as mineral oils (heading 3811);
SECTION-VII 356 CHAPTER-39
(ij) prepared hydraulic fluids based on polyglycols, silicones or other polymers of Chapter 39
(heading 3819);
(k) diagnostic or laboratory reagents on a backing of plastics (heading 3822);
(l) synthetic rubber, as defined for the purpose of Chapter 40, or articles thereof;
(m) saddlery or harness (heading 4201) or trunks, suit-cases, hand-bags or other containers of
heading 4202;
(n) plaits, wickerwork or other articles of Chapter 46;
(o) wall coverings of heading 4814;
(p) goods of Section XI (textiles and textile articles);
(q) articles of Section XII (for example, footwear, headgear, umbrellas, sun umbrellas, walking-
sticks, whips, riding-crops or parts thereof);
(r) imitation jewellery of heading 7117;
(s) articles of Section XVI (machines and mechanical or electrical appliances);
(t) parts of aircraft or vehicles of Section XVII;
(u) articles of Chapter 90 (for example, optical elements, spectacle frames, drawing instruments);
(v) articles of Chapter 91 (for example, clock or watch cases);
(w) articles of Chapter 92 (for example, musical instruments or parts thereof);
(x) articles of Chapter 94 (for example, furniture, lamps and lighting fittings, illuminated signs,
prefabricated buildings);
(y) articles of Chapter 95 (for example, toys, games, sports requisites); or
(z) articles of Chapter 96 (for example, brushes, buttons, slide fasteners, combs, mouth-pieces or
stems for smoking pipes, cigarette-holders or the like, parts of vacuum flasks or the like, pens, propelling
pencils and monopods, bipods, tripods and similar articles).
3. Headings 3901 to 3911 apply only to goods of a kind produced by chemical synthesis, falling in the
following categories:
(a) liquid synthetic polyolefins of which less than 60% by volume distils at 3000C, after conversion
to 1,013 millibars when a reduced pressure distillation method is used (headings 3901 and 3902);
(b) resins, not highly polymerised, of the coumarone-indene type (heading 3911);
(c) other synthetic polymers with an average of at least 5 monomer units;
(d) silicones (heading 3910);
(e) resols (heading 3909) and other prepolymers.
4. The expressions “copolymers” covers all polymers in which no single monomer unit contributes 95%
or more by weight to the total polymer content.
For the purposes of this Chapter, except where the context otherwise requires, copolymers (including
co-polycondensates, co-polyaddition products, block copolymers and graft copolymers) and polymer bends
are to be classified in the heading covering polymers of that comonomer unit which predominates by weight
over every other single comonomer unit. For the purposes of this Note, constituent comonomer units of
SECTION-VII 357 CHAPTER-39
2. For the purposes of sub-heading 3920 43, the term “plasticisers” includes secondary plasticisers.
3904 10 10 --- Emulsion grade PVC resin / PVC Paste kg. 10% -
resin/ PVC dispersion resin
3904 10 20 --- Suspension grade PVC resin kg. 10% -
3904 10 90 --- Other kg. 10% -
- Other poly (vinyl chloride),
mixed with other substances:
3904 21 00 - - Non-plasticised kg. 10% -
3904 22 00 - - Plasticised kg. 10% -
ííí- Other poly (vinyl chloride)
3904 21 íí-- Non-plasticised:
3904 21 10 í--- Poly (vinyl chloride) resins kg. 10% -
3904 21 90 í--- Other kg. 10% -
3904 22 íí-- Plasticised:
3904 22 10 í--- Poly (vinyl chloride) (PVC) Resins kg. 10% -
(emulsion grade)
3904 22 90 í--- Other kg. 10% -
3904 30 ííí- Vinyl chloride-vinyl acetate copolymers
3904 30 10 í--- Poly (vinyl derivatives) kg. 10% -
3904 30 90 í--- Other kg. 10% -
3904 40 00 - Other vinyl chloride copolymers kg. 10% -
3904 50 - Vinylidene chloride polymers :
3904 50 10 - - - Copolymer of vinylidene chloride with a kg. 10% -
crylonitrite, in the form of expansible beads
of a diameter of 4 micrometers or more but
not more than 20 micrometers
3904 50 90 í--- Other kg. 10% -
ííí- Fluro-polymers :
3904 61 00 íí-- Polytetrafluroethylene kg. 10% -
íí-- Other :
3904 69 10 í--- Poly (vinyl fluoride), in one of the forms kg. 10% -
mentioned in Note 6(b) to this Chapter
3904 69 90 í--- Other kg. 10% -
3904 90 - Other:
3904 90 10 --- Chlorinated poly vinyl chloride (CPVC) resin kg. 10% -
3904 90 90 --- Other kg. 10% -
____________________________________________________________________________________________________
3 90 5 P OLYMERS OF VINYL ACETATE OR OF OTHER
VINYL ESTERS , IN PRIMARY FORMS ; OTHER
VINYL POLYMERS IN PRIMARY FORMS
ííí- Poly (vinyl acetate) :
3905 12 íí-- In aqueous dispersion:
3905 12 10 í--- Poly (vinyl acetate) (PVA), moulding material kg. 10% -
3905 12 20 í--- Poly (vinyl acetate) resins kg. 10% -
3905 12 90 í--- Other kg. 10% -
SECTION-VII 361 CHAPTER-39
CHAPTER 40
Rubber and articles thereof
NOTES :
1. Except where the context otherwise requires, throughout this Schedule the expression “rubber”
means the following products, whether or not vulcanised or hard:
natural rubber, balata, gutta-percha, guayule, chicle and similar natural gums, synthetic rubber, factice
derived from oils, and such substances reclaimed.
2. This Chapter does not cover:
(a) goods of Section XI (textiles and textile articles);
(b) footwear or parts thereof of Chapter 64;
(c) headgear or parts thereof (including bathing caps) of Chapter 65;
(d) mechanical or electrical appliances or parts thereof of Section XVI (including electrical goods
of all kinds), of hard rubber;
(e) articles of Chapter 90,92,94 or 96; or
(f) articles of Chapter 95 (other than sports gloves, mittens and mitts and articles of headings 4011
to 4013).
3. In headings 4001 to 4003 and 4005, the expression “primary forms” applies only to the following
forms:
(a) liquids and pastes (including latex, whether or not pre-vulcanised, and other dispersions and
solutions);
(b) blocks of irregular shape, lumps, bales, powders, granules, crumbs and similar bulk forms.
4. In Note 1 to this Chapter and in heading 4002, the expression “synthetic rubber” applies to:
(a) unsaturated synthetic substances which can be irreversibly transformed by vulcanisation with
sulphur into non-thermoplastic substances which, at a temperature between 180C and 290C , will not
break on being extended to three times their original length and will return, after being extended to twice
their original length, within a period of five minutes, to a length not greater than one and a half times their
original length. For the purposes of this test, substances necessary for the cross-linking, such as
vulcanising activators or accelerators, may be added; the presence of substances as provided for by
Note 5(B)(ii) and (iii) is also permitted. However, the presence of any substances not necessary for the
cross-linking, such as extenders, plasticisers and fillers, is not permitted;
(b) thioplasts (TM ); and
(c) natural rubber modified by grafting or mixing with plastics, depolymerised natural rubber,
mixtures of unsaturated synthetic substances with saturated synthetic high polymers provided that all
the above-mentioned products comply with the requirements concerning vulcanisation, elongation and
recovery in (a) above.
SECTION-VII 378 CHAPTER-40
5. (A) Headings 4001 and 4002 do not apply to any rubber or mixture of rubbers which has been
compounded, before or after coagulation, with:
(i) vulcanising agents, accelerators, retarders or activators (other than those added for the
preparation of pre-vulcanised rubber latex);
(ii) pigments or other colouring matter, other than those added solely for the purpose of identification;
(iii) plasticisers or extenders (except mineral oil in the case of oil-extended rubber), fillers, reinforcing
agents, organic solvents or any other substances, except those permitted under (b);
(B) the presence of the following substances in any rubber or mixture of rubbers shall not affect its
classification in heading 4001 or 4002, as the case may be, provided that such rubber or mixture of rubbers
retains its essential character as a raw material :
ii(i) emulsifiers or anti-tack agents;
i(ii) small amounts of breakdown products of emulsifiers;
(iii) very small amounts of the following:
heat-sensitive agents (generally for obtaining thermosensitive rubber latexes), cationic surface-
active agents (generally for obtaining electro-positive rubber latexes), anti-oxidants, coagulants,
crumbling agents, freeze-resisting agents, peptisers, preservatives, stabilisers, viscosity-control
agents, or similar special-purpose additives.
6. For the purposes of heading 4004, the expression “waste, parings and scrap” means rubber waste,
parings and scrap from the manufacture or working of rubber and rubber goods definitely not usable as such
because of cutting-up, wear or other reasons.
7. Thread wholly of vulcanized rubber, of which any cross-sectional dimension exceeds 5 mm., is to be
classified as strip, rods or profile shapes, of heading 4008.
8. Heading 4010 includes conveyor or transmission belts or belting of textile fabric impregnated, coated,
covered or laminated with rubber or made from textile yarn or cord impregnated, coated, covered or sheathed
with rubber.
9. In headings 4001, 4002, 4003, 4005 and 4008, the expressions “plates”, “sheets” and “strip” apply
only to plates, sheets and strip and to blocks of regular geometric shape, uncut or simply cut to rectangular
(including square) shape, whether or not having the character of articles and whether or not printed or
otherwise surface-worked, but not otherwise cut to shape or further worked.
In heading 4008, the expressions “rods” and “profile shapes” apply only to such products, whether or
not cut to length or surface-worked but not otherwise worked.
SUPPLEMENTARY NOTES :
1. For the purposes of headings 4009 and 4010, while calculating the percentage of rubber compound
contents, the weight of canvas, yarn, metallic wires, washers, rivets and the like, where such products, form
integral part of ingredient of such rubber products, shall be taken into account, but the weight of metallic
fitments and surface finishing necessary to make the belting and tubing suitable for particular end uses, shall
be ignored.
2. Tariff item 4008 21 10 shall also apply to “plates”, “sheets”, and “strips”, whether or not cut to shape
SECTION-VII 379 CHAPTER-40
and surface-worked or further worked so as to render them fit for resoling or repairing or re-treading of
rubber tyres.
Countervailing duty on "New/Unused pneumatic radial tyres with or without tubes and/or flap of
rubber (including tubeless tyres), originating in or exported from, specified countries
[Notfn. No. 01/2019-Cus.(CVD); dt. 24.06.2019]
Whereas, in the matter of "New/Unused pneumatic radial tyres with or without tubes and/or flap of rubber
(including tubeless tyres), having nominal rim dia code above 16" used in buses and lorries/trucks" (hereinafter
referred to as the subject goods) falling under tariff heading 4011 20 10 of the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), originating in or exported
from, People’s Republic of China (hereinafter referred to as the subject country), and imported into India, the
Designated Authority in its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, vide
notification 6/8/2018-DGAD dated 25th March, 2019 has come to the conclusion that imposition of definitive
countervailing duty is required to offset subsidization and injury and has recommended the imposition of
definitive countervailing duty on the imports of the subject goods from China PR.
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (6) of section 9 of the Customs
Tariff Act, read with rules 20 and 22 of the Customs Tariff (Identification, Assessment and Collection of
Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995, the Central
Government, after considering the aforesaid final findings of the Designated Authority, hereby imposes on the
subject goods, the description of which is specified in column (3) of the Table below, falling under tariff heading
of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2), originating
SECTION-VII 388 CHAPTER-40
in the countries as specified in the corresponding entry in column (4), exported from the countries as specified
in the corresponding entry in column (5), produced by the producers as specified in the corresponding entry
in column (6), and imported into India, countervailing duty of an amount equivalent to the difference between
the quantum calculated at the rate mentioned in column (7) and anti-dumping duty payable, if any, of the said
Table, namely:-
Table
1. 4011 New/Unused pneumatic radial China PR Any other country Zhongce Rubber 9.55%
20 10 tyres with or without tubes including China PR Group Co.
and/or flap of rubber (including Ltd.
tubeless tyres), having nominal
rim dia code above 16" used in
buses and lorries/trucks
____________________________________________________________________________________________________________________
2. The countervailing duty imposed under this notification shall be levied for a period of five years (unless
revoked, superseded or amended earlier) from the date of publication of this notification in the Official
Gazette and shall be payable in Indian currency.
SECTION-VII 389 CHAPTER-40
(1) the rate of exchange applicable for the purposes of calculation of such countervailing duty shall be the
rate which is specified in the notification of the Government of India, in the Ministry of Finance (Depart-
ment of Revenue), issued from time to time, in exercise of the powers conferred by section 14 of the
Customs Act, 1962 (52 of 1962), and the relevant date for the determination of the rate of exchange shall
be the date of presentation of the bill of entry under section 46 of the said Act.
(2) "CIF value" means the assessable value as determined under section 14 of the Customs Act, 1962 (52
of 1962).
SECTION-VIII 390 CHAPTER-41
SECTION VIII
RAW HIDES AND SKINS, LEATHER, FURSKINS AND ARTICLES THEREOF;
SADDLERY AND HARNESS; TRAVEL GOODS, HAND BAGS AND SIMILAR
CONTAINERS; ARTICLES OF ANIMAL GUT
(OTHER THAN SILK-WORM GUT)
CHAPTER 41
Raw hides and skins (other than furskins) and leather
NOTES :
1. This Chapter does not cover:
(a) parings or similar waste, of raw hides or skins (heading 0511);
(b) birdskins or parts of birdskins, with their feathers or down, of heading 0505 or 6701; or
(c) hides or skins, with the hair or wool on, raw, tanned or dressed (Chapter 43); the following are,
however, to be classified in Chapter 41, namely:
raw hides and skins, with the hair or wool on, of bovine animals (including buffalo), of equine
animals, of sheep or lambs (except Astrakhan, Broadtail, Caracul, Persian, or similar lambs, Indian,
Chinese, Mongolian or Tibetan lambs), of goats or kids (except Yemen, Mongolian or Tibetan goats
and Kids), of swine (including peccary), of chamois, of gazelle, of camels (including dromedaries)
of reindeer, of elk, of deer, of roebucks or of dogs.
2. (A) Headings 4104 to 4106 do not cover hides and skins which have undergone a tanning (including
pre-tanning) process which is reversible (headings 4101 to 4103, as the case may be).
(B) For the purposes of headings 4104 to 4106, the term “crust” includes hides and skins that have
been retanned, coloured or fat-liquored (stuffed) prior to drying.
3. Throughout this Schedule, the expression “composition leather” means only substances of the kind
referred to in heading 4115.
CHAPTER 42
Articles of leather; saddlery and harness; travel goods, handbags and similar
containers; articles of animal gut (other than silkworm gut)
NOTES :
1. For the purposes of this Chapter, the term “leather” includes chamois (including combination chamois)
leather, patent leather, patent laminated leather and metallised leather.
2. This Chapter does not cover:
(a) sterile surgical catgut or similar sterile suture materials (heading 3006);
(b) articles of apparel or clothing accessories (except gloves, mittens and mitts), lined with
furskin or artificial fur or to which furskin or artificial fur is attached on the outside except as mere
trimming (heading 4303 or 4304);
(c) made up articles of netting (5608);
(d) articles of Chapter 64;
(e) headgear or parts thereof of Chapter 65;
(f) whips, riding-crops or articles of heading 6602;
(g) cuff-links, bracelets or other imitation jewellery (heading 7117);
(h) fittings or trimmings for harness, such as stirrups, bits, horse, brassess and buckles,
separately presented (generally Section XV);
(ij) strings, skins for drums or the like, or other parts of musical instruments (heading 9209);
(k) articles of Chapter 94 (for example, furniture, lamps and lighting fittings);
(l) articles of Chapter 95 (for example, toys, games, sports requisites); or
(m) buttons, press-fasteners, snap-fasteners, press-studs, button moulds or other parts of these articles,
button blanks, of heading 9606.
3. (A) In addition to the provisions of Note 2 above, heading 4202 does not cover:
(a) bags made of sheeting of plastics, whether or not printed, with handles, not designed for
prolonged use (heading 3923);
(b) articles of plaiting materials (heading 4602).
(B) Articles of headings 4202 and 4203 which have parts of precious metal or metal clad with
precious metal, of natural or cultured pearls, of precious or semi-precious stones (natural, synthetic or
reconstructed) remain classified in those headings even if such parts constitute more than minor fittings or
minor ornamentation, provided that these parts do not give the articles their essential character . If, on the
other hand, the parts give the articles their essential character, the articles are to be classified in Chapter 71.
SECTION-VIII 395 CHAPTER-42
4. For the purposes of heading 4203, the expression “articles of apparel and clothing accessories”
applies, inter alia, to gloves, mittens and mitts (including those for sport or for protection), aprons and other
protective clothing, braces, belts, bandoliers and wrist straps, but excluding watch straps (heading 9113).
_____________________________________________________________________________________________________
4202 T RUNKS , SUIT - CASES , VANITY - CASES , EXECUTIVE -
C A S E S , B R I E F - C A S E S , S C H O O L S AT C H E L S ,
SPECTACLE CASES , BINOCULAR CASES , CAMERA
CASES , MUSICAL INSTRUMENT CASES , GUN CASES ,
HOLSTERS AND SIMILAR C O N TA I N E R S ;
T R AV E L L I N G - B A G S , I N S U L AT E D F O O D O R
B EV ER AG ES BA GS , TO IL E T BA GS , R UC KS AC KS ,
HANDBAGS , SHOPPING - BAGS , WALLETS , PURSES ,
MAP-CASES, CIGARETTE-CASES, TOBACCO-
P OUCHES , TOOL BAGS , S PORTS BAGS , BOTTLE -
CAS E S , J E WE L L ERY BO XE S, P OW DE R- B O XE S ,
CUTLERY CAS ES AND SIMILAR CONTAINERS , OF
L E AT H E R O R O F C O M P O S I T I O N L E AT H E R , O F
SHEETING OF PLASTICS , OF TEXTILE MATERIALS ,
OF VULCANISED FIBRE OR OF PAPERBOARD , OR
W H O L LY O R M A I N LY C O V E R E D W I T H S U C H
MATERIALS OR WITH PAPER
- Trunk\s, suit-cases, vanity-cases, executive-
cases, brief-cases, school satchels and similar
containers :
4202 11 - - With outer surface of leather or of composition
leather:
4202 11 10 --- Travel goods (trunks, suit-cases, sports bags u 15% -
and other similar items ) of leather
4202 11 20 --- Toilet-bags and cases, of leather u 15% -
4202 11 30 --- Satchels u 15% -
4202 11 40 --- Brief-cases u 15% -
4202 11 50 --- Executive-cases u 15% -
4202 11 60 --- Vanity-cases u 15% -
4202 11 70 --- Attache-cases u 15% -
SECTION-VIII 396 CHAPTER-42
CHAPTER 43
Furskins and artificial fur; manufactures thereof
NOTES :
1. Throughout this Schedule reference to “furskins”, other than to raw furskins of heading 4301 apply
to hides or skins of all animals which have been tanned or dressed with the hair or wool on.
2. This Chapter does not cover :
(a) birdskins or parts of birdskins, with their feathers or down (heading 0505 or 6701);
(b) raw hides or skins, with the hair or wool on, of Chapter 41 [See Note 1(c) to that Chapter];
(c) gloves, mittens and mitts, consisting of leather and furskin or of leather and artificial fur
(heading 4203);
(d) articles of Chapter 64;
(e) headgear or parts thereof of Chapter 65; or
(f) articles of Chapter 95 (for example, toys, games, sports requisites).
3. Heading 4303 includes furskins and parts thereof, assembled with the addition of other materials,
and furskins and parts thereof, sewn together in the form of garments or parts or accessories of garments or
in the form of other articles.
4. Articles of apparel and clothing accessories (except those excluded by Note 2) lined with furskin or
artificial fur or to which furskin or artificial fur is attached on the outside except as mere trimming are to be
classified in heading 4303 or 4304, as the case may be.
5. Throughout this Schedule, the expression “artificial fur” means any imitation of furskin consisting
of wool, hair or other fibres gummed or sewn on to leather, woven fabric or other materials, but does not
include imitation furskins obtained by weaving or knitting (generally, heading 5801 or 6001).
SECTION IX
WOOD AND ARTICLES OF WOOD; WOOD CHARCOAL; CORK AND ARTICLES OF
CORK; MANUFACTURERS OF STRAW, OF ESPARTO OR OF OTHER PLATING
MATERIALS; BASKETWARE AND WICKERWORK
CHAPTER 44
Wood and articles of wood; wood charcoal
NOTES :
1. This Chapter does not cover:
(a) wood, in chips, in shavings, crushed, ground or powdered, of a kind used primarily in perfumery,
in pharmacy, or for insecticidal, fungicidal or similar purposes (heading 1211);
(b) bamboos or other materials of a woody nature of a kind used primarily for plaiting, in the rough,
whether or not split, sawn lengthwise or cut to length (heading 1401);
(c) wood, in chips, in shavings, ground or powdered, of a kind used primarily in dyeing or in tanning
(heading 1404);
(d) activated charcoal (heading 3802);
(e) articles of heading 4202;
(f) goods of Chapter 46;
(g) footwear or parts thereof Chapter 64;
(h) goods of Chapter 66 (for example, umbrellas and walking-sticks and parts thereof);
(ij) goods of heading 6808;
(k) imitation jewellery of heading 7117;
(l) goods of Section XVI or Section XVII (for example, machine parts, cases, covers, cabinets for
machines and apparatus and wheel wrights’ wares);
(m) goods of Section XVIII (for example, clock cases and musical instruments and parts thereof);
(n) parts of firearms (heading 9305);
(o) articles of Chapter 94 (for example, furniture, lamps and lighting fittings, prefabricated buildings);
(p) articles of Chapter 95 (for example, toys, games, sports requisites);
(q) articles of Chapter 96 (for example, smoking pipes and parts thereof, buttons, pencils, and
monopods, bipods, tripods and similar articles) excluding bodies and handles, of wood, for articles of
heading 9603; or
(r) articles of Chapter 97 (for example, works of art ).
2. In this Chapter, the expression “densified wood” means wood which has been subjected to chemical or
physical treatment (being, in the case of layers bonded together, treatment in excess of that needed to ensure a
good bond), and which has thereby acquired increased density or hardness together with improved mechanical
strength or resistance to chemical or electrical agencies.
SECTION-IX 403 CHAPTER-44
3. Headings 4414 to 4421 apply to articles of the respective descriptions of particle board or similar
board, fibreboard, laminated wood or densified wood as they apply to such articles of wood.
4. Products of heading 4410, 4411 or 4412 may be worked to form the shapes provided for in respect of
the goods of heading 4409, curved, corrugated, perforated, cut or formed to shapes other than square or
rectangular or submitted to any other operation provided it does not give them the character of articles of
other headings.
5. Heading 4417 does not apply to tools in which the blade, working edge, working surface or other
working part is formed by any of the materials specified in Note 1 to Chapter 82.
6. Subject to Note 1 above and except where the context otherwise requires, any reference to “wood”
in a heading of this Chapter applies also to bamboos and other materials of a woody nature.
Sub-heading Notes :
1. For the purposes of sub-heading 4401 31, the expression “wood pellets” means by-products such
as cutter shavings, sawdust or chips, of the mechanical wood processing industry, furniture-making industry
or other wood transformation activities, which have been agglomerated either directly by compression or by
the addition of a binder in a proportion not exceeding 3% by weight. Such pellets are cylindrical, with a
diameter not exceeding 25 mm and a length not exceeding 100 mm.
SUPPLEMENTARY NOTES :
1. “Marine plywood” means plywood conforming to Indian Standard Specification IS 710.
2. “Aircraft plywood” means plywood conforming to Indian Standard Specification Nos. IS 709 and IS
4859.
3. For the purposes of heading 4412, the expression “similar laminated wood” includes blockboard,
laminboard and battenboard, in which the core is thick and composed of blocks, laths or battens of wood
glued or otherwise joined together and surface with the outer plies and also panels in which the wooden core
is replaced by other materials such as a layer of layers of particle board, fibre board, wood waste glued or
otherwise joined together, asbestos or cork.
4401 12 -- Non-coniferous:
4401 12 10 --- In logs mt 5% -
4401 12 90 --- Other mt 5% -
- Wood in chips or particles:
4401 21 00 -- Coniferous mt 5% -
4401 22 00 -- Non-coniferous mt 5% -
- Sawdust and wood waste and scrap,
agglomerated, in logs briquettes, pellets or
similar forms:
4401 31 00 - - Wood pellets mt 5% -
4401 39 00 - - Other mt 5% -
4401 40 00 - - Sawdust and wood waste and scrap, not mt 5% -
agglomerated
____________________________________________________________________________________________________
4 40 2 W OOD CHARCOAL ( INCLUDING SHELL OR NUT
CHARCOAL ), WHETHER OR NOT AGGLOMERATED
4402 10 00 - Of bamboo mt 5% -
4402 90 - Other :
4402 90 10 --- Of coconut shell mt 5% -
4402 90 90 --- Other mt 5% -
____________________________________________________________________________________________________
4403 Wood in the rough, whether or not stripped
of bark or sapwood, or roughly squared
- Treated with paint, stains, creosote or other
preservatives:
4403 11 00 -- Coniferous m3 5% -
4403 12 00 -- Non-coniferous m3 5% -
- Other, coniferous:
4403 21 -- Of pine (Pinus spp.), of which any cross-
sectional dimension is 15 cm or more:
4403 21 10 --- Saw logs and veneer logs m3 5% -
4403 21 20 --- Poles, pilings and posts m3 5% -
4403 21 90 --- Other m3 5% -
4403 22 -- Of pine (Pinus spp.), other:
4403 22 10 --- Saw logs and veneer logs m3 5% -
4403 22 20 --- Poles, pilings and posts m3 5% -
4403 22 90 --- Other m3 5% -
4403 23 -- Of fir (Abies spp.) and spruce (Picea spp.),
of which any cross-sectional dimension is
15 cm or more:
4403 23 10 --- Saw logs and veneer logs m3 5% -
4403 23 20 --- Poles, pilings and posts m3 5% -
4403 23 90 --- Other m3 5% -
4403 24 -- Of fir (Abies spp.) and spruce (Picea spp.),
other:
4403 24 10 --- Saw logs and veneer logs m3 5% -
4403 24 20 --- Poles, pilings and posts m3 5% -
SECTION-IX 405 CHAPTER-44
CHAPTER 45
Cork and articles of cork
NOTE :
This Chapter does not cover :
(a) footwear or parts of footwear of Chapter 64;
(b) headgear or parts of headgear of Chapter 65; or
(c) articles of Chapter 95 (for example, toys, games, sports requisites).
CHAPTER 46
Manufactures of straw, of esparto or of other plaiting materials; basketware and
wickerwork
NOTES :
1. In this Chapter, the expression “plaiting materials” means materials in a state or form suitable for
plaiting, interlacing or similar processes; it includes straw, osier or willow, bamboos, rattan, rushes, reeds,
strips of wood, strips of other vegetable material (for example, strips of bark, narrow leaves and raffia or
other strips obtained from broad leaves), unspun natural textile fibres, monofilament and strip and the like
of plastics and strips of paper, but not strips of leather or composition leather or of felt or non-wovens,
human hair, horsehair, textile rovings or yarns, or monofilament and strip and the like of Chapter 54.
2. This Chapter does not cover:
(a) wall coverings of heading 4814;
(b) twine, cordage, ropes or cables, plaited or not (heading 5607);
(c) footwear or headgear or parts thereof of Chapter 64 or 65;
(d) vehicles or bodies for vehicles of basketware (Chapter 87); or
(e) articles of Chapter 94 (for example, furniture, lamps and lighting fittings).
3. For the purposes of heading 4601, the expression “plaiting materials, plaits and similar products of
plaiting materials, bound together in parallel strands” means plaiting materials, plaits and similar products
of plaiting materials, placed side by side and bound together, in the form of sheets, whether or not the
binding materials are of spun textile materials.
SECTION X
PULP OF WOOD OR OF OTHER FIBROUS CELLULOSIC MATERIAL; RECOVERED
(WASTE AND SCRAP) PAPER OR PAPERBOARD; PAPER AND PAPERBOARD
AND ARTICLES THERE OF
CHAPTER 47
Pulp of wood or of other fibrous cellulosic material; recovered
(waste and scrap) paper or paperboard
NOTE :
For the purposes of heading 4702, the expression “chemical wood pulp, dissolving grades” means
chemical wood pulp having by weight an insoluble fraction of 92% or more for soda or sulphate wood
pulp or of 88% or more for sulphite wood pulp after one hour in a caustic soda solution containing
18% sodium hydroxide (NaOH) at 20oC, and for sulphite wood pulp an ash content that does not
exceed 0.15% by weight.
CHAPTER 48
Paper and paperboard; articles of paper pulp, of paper or of paperboard
NOTES :
1. For the purposes of this Chapter, except where the context otherwise requires, a reference to
“paper” includes references to paperboard (irrespective of thickness or weight per m2).
2. This Chapter does not cover:
(a) articles of Chapter 30;
(b) stamping foils of heading 3212;
(c) perfumed papers or papers impregnated or coated with cosmetics (Chapter 33);
(d) paper or cellulose wadding impregnated, coated or covered with soap or detergent
(heading 3401), or with polishes, creams or similar preparations (heading 3405);
(e) sensitised paper or paperboard of headings 3701 to 3704;
(f) paper impregnated with diagnostic or laboratory reagents (heading 3822);
(g) paper-reinforced stratified sheeting of plastics, or one layer of paper or paperboard coated
or covered with a layer of plastics, the latter consituting more than half the total thickness, or
articles of such materials, other than wall coverings of heading 4814 (Chapter 39);
(h) articles of heading 4202 (for example, travel goods);
(ij) articles of Chaper 46 (manufactures of plaiting material);
(k) paper yarn or textile articles of paper yarn (Section XI);
(l) articles of Chapter 64 or Chapter 65;
(m) abrasive paper or paperboard (heading 6805) or paper or paperboard-backed mica
(heading 6814) (paper and paperboard coated with mica powder are, however, to be classified in
this Chapter);
(n) metal foil backed with paper or paperboard (generally XIV or Section XV);
(o) articles of heading 9209;
(p) articles of Chapter 95 (for example, toys, games, sports requisites); or
(q) articles of Chapter 96 [for example, buttons, sanitary towels (pads) and tampons, napkins
(diapers) and napkin liners for babies].
3. Subject to the provisions of Note 7, headings 4801 to 4805 include paper and paperboard
which have been subjected to calendering, super-calendering, glazing or similar finishing, false water-
marking or surface sizing , and also paper, paperboard, cellulose wadding and webs of cellulose fibres,
coloured or marbled throughout the mass by any method. Except where heading 4803 otherwise requires,
these headings do not apply to paper, paperboard, cellulose wadding or webs of cellulose fibres which
have been otherwise processed.
4. In this Chapter the expression “newsprint” means uncoated paper of a kind used for the printing of
newspapers, of which not less than 50% by weight of the total fibre content consists of wood fibres obtained
by a mechanical or chemi-mechanical process, unsized or vey lightly sized, having a surface roughness
SECTION-X 421 CHAPTER-48
Parker Print Surf (1 Mpa) on each side exceeding 2.5 micrometres (microns), weighing not less than 40 g/m2
and not more than 65 g/m2 and apply only to paper:
(a) in strips or rolls of a width exceeding 28 cm; or
(b) in rectangular (including square) sheets with one side exceeding 28 cm and the other side
exceeding 15 cm in the unfolded state
5. For the purposes of heading 4802, the expressions “paper and paperboard, of a kind used for writing,
printing or other graphic purposes” and “non-perforated punch-cards and punch tape paper” mean paper and
paperboard made mainly from bleached pulp or from pulp obtained by a mechanical or chemi-mechanical
process and satisfying any of the following criteria:
For paper or paperboard weighing not more than 150 g/m2 :
(a) containing 10% or more of fibres obtained by a mechanical or chemi-mechanical process,
and
1. weighing not more than 80 g/m2 ; or
2. coloured throughout the mass; or
(b) containing more than 8% ash, and
1. weighing not more than 80 g/m2 ; or
2. coloured throughout the mass; or
(c) containing more than 3% ash and having a brightness of 60% or more ;or
(d) containing more than 3% but not more than 8% ash, having a brightness less than 60%, and a
burst index equal to or less than 2.5kPa. m2/g; or
(e) containing 3% ash or less, having a brightness of 60% or more and a burst index equal to or
less than 2.5 kPa.m2/g.
For paper or paperboard weighing more than 150 g/m2 :
(a) coloured throughout the mass; or
(b) having a brightness of 60% or more, and
1. a caliper of 225 micrometres (microns) or less, or
2. a caliper of more than 225 micrometres (microns) but not more than 508 micrometres
(microns) and an ash content more than 3%; or
(c) having a brightness of less than 60%, a caliper of 254 micrometres (microns) or less and an
ash content more than 8%.
Heading 4802 does not, however, cover filter paper or paperboard (including tea-bag paper) or felt
paper of paperboard.
6. In this Chapter “kraft paper and paperboard” means paper and paperboard of which not less than
80% by weight of the total fibre content consists of fibres obtained by the chemical sulphate or soda processes.
7. Except where the terms of the headings otherwise require, paper, paperboard , cellulose wadding
and webs of cellulose fibres answering to a description in two or more of the headings 4801 to 4811 are to be
SECTION-X 422 CHAPTER-48
classified under that one of such headings which occurs last in numerical order in this Schedule.
8. Headings 4803 to 4809, apply only to paper, paperboard, cellulose wadding and webs of cellulose
fibres :
(a) in strips or rolls of a width exceeding 36 cm; or
(b) in rectangular (including square) sheets with one side exceeding 36 cm and the other side
exceeding 15 cm in the unfolded state.
9. For the purposes of heading 4814, the expression “wall paper and similar wall coverings” applies
only to :
(a) paper in rolls, of a width of not less than 45 cm and not more than 160 cm suitable for wall or
ceiling decoration :
(i) grained, embossed, surface-coloured, design-printed or otherwise surface-decorated (for
example, with textile flock), whether or not coated or covered with transparent protective plastics;
(ii) with an uneven surface resulting from the incorporation of particles of wood, straw,
etc.;
(iii) coated or covered on the face side with plastics, the layer of plastics being grained,
embossed, coloured, design-printed or otherwise decorated; or
(iv) covered on the face side with plaiting material, whether or not bound together in parallel
strands or woven;
(b) borders and friezes, of paper, treated as above whether or not in rolls, suitable for wall or
ceiling decoration;
(c) wall coverings of paper made up of several panels, in rolls or sheets, printed so as to make up
a scene, design or motif when applied to a wall.
Products on a base of paper or paperboard, suitable for use both as floor coverings and as wall coverings,
are to be classified in heading 4823.
10. Heading 4820 does not cover loose sheets or cards, cut to size, whether or not printed, embossed or
perforated.
11. Heading 4823 applies, inter alia, to perforated paper or paperboard cards for Jacquard or similar
machines and paper lace.
12. Except for the goods of heading 4814 or 4821 , paper, paperboard, cellulose wadding and
articles thereof, printed with motifs, characters or pictorial representations, which are not merely
incidental to the primary use of the goods, fall in Chapter 49.
SUB-HEADING NOTES :
1. For the purposes of sub-headings 4804 11 and 4804 19, “Kraft-liner” means machine-finished or
machine-glazed paper and paperboard, of which not less than 80% by weight of the total fibre content
consists of wood fibres obtained by the chemical sulphate or soda processes, in rolls, weighing more than 115
g/m2 and having a minimum Mullen bursting strength as indicated in the following table or the linearly
interpolated or extrapolated equivalent for any other weight.
SECTION-X 423 CHAPTER-48
2. For the purposes of sub-headings 4804 21 and 4804 29, “sack kraft paper” means machine-
finished paper, of which not less than 80% by weight of the total fibre content consists of fibres obtained
by the chemical sulphate or soda processes, in rolls, weighing not less than 60 g/m2 but not more than
115 g/m2 and meeting one of the following sets of specifications :
(a) having a Mullen burst index of not less than 3.7 kPa m2/g and a stretch factor of more than
4.5% in the cross direction and of more than 2% in the machine direction.
(b) having minimum for tear and tensile as indicated in the following table or the linearly
interpolated equivalent for any other weight :
3. For the purposes of sub-heading 4805 11, “semi-chemical fluting paper” means paper, in rolls, of
which not less than 65% by weight of the total fibre content consists of unbleached hardwood fibres obtained
by a combination of a mechanical and chemical pulping processes, and having a CMT 30 (corrugated Medium
2
Test with 30 minutes of conditioning) crush resistance exceeding 1.8 newtons/g/m at 50 % relative humidity
0
at 23 C.
4. Sub-heading 4805 12 covers paper, in rolls, made mainly of straw pulp obtained by a combination
of a mechanical and chemical pulping processes, weighing 130 g/m2 or more, and having a CMT 30
(Corrugated Medium Test with 30 minutes of conditioning) crush resistance exceeding 1.4 newtons/g/m2 at
50% relative humidity, at 230 C.
5. Sub-headings 4805 24 and 4805 25 cover paper and paperboard made wholly or mainly of pulp of
recovered (waste and scrap) paper or paperboard. Testliner may also have a surface layer of dyed paper or
of paper made of bleached or unbleached non-recovered pulp. These products have a Mullen burst index of
not less than 2 kPa.m2/g.
SECTION-X 424 CHAPTER-48
6. For the purposes of sub-heading 4805 30, “sulphite wrapping paper” means machine-glazed paper, of
which more than 40% by weight of the total fibre content consists of wood fibres obtained by the chemical
sulphite process, having an ash content not exceeding 8% and having a Mullen burst index of not less than
1.47 kPa. m2/g.
7. For the purposes of sub-heading 4810 22, “light-weight coated paper” means paper, coated on both
sides, of a total weight not exceeding 72 g/m2, with a coating weight not exceeding 15 g/m2 per side, on a
base of which not less than 50% by weight of the total fibre content consists of wood fibres obtained by a
mechanical process.
"Supplementary Notes:
Nothwithstanding anything contained in Note 12, if paper and paper products of heading 4811, 4816 or
4820 are printed with any character, name, logo, motif or format, they shall remain classified under the
respective headings as long as such products are intended to be used for futher printing or writing."
Note: Cellophane Transparent Film (also known as Cellophane Transparent paper) - Attracts ADD vide
notification 94/2006-Cus. dt. 7.9.2006 Ch.39.
SECTION-X 437 CHAPTER-49
CHAPTER 49
Printed books, newspapers, pictures and other products of the printing industry; manuscripts,
typescripts and plans
NOTES :
1. This Chapter does not cover :
(a) photographic negatives or positives on transparent bases (Chapter 37) ;
(b) maps, plans or globes, in relief, whether or not printed (heading 9023) ;
(c) playing cards or other goods of Chapter 95 ; or
(d) original engravings, prints or lithographs (heading 9702), postage or revenue stamps, stamp-
postmarks, first-day covers, postal stationery or the like of heading 9704, antiques of an age exceeding
one hundred years or other articles of Chapter 97.
2. For the purposes of Chapter 49, the term “printed” also means reproduced by means of a duplicating
machine, produced under the control of an automatic data processing machine, embossed, photographed,
photocopied, thermocopied or typewritten.
3. Newspapers, journals and periodicals which are bound otherwise than in paper, and sets of
newspapers, journals or periodicals comprising more than one number under a single cover are to be classified
in heading 4901, whether or not containing advertising material.
4. Heading 4901 also covers :
(a) a collection of printed reproductions of, for example, works of art or drawings, with a relative
text, put up with numbered pages in a form suitable for binding into one or more volumes ;
(b) a pictorial supplement accompanying, and subsidiary to, a bound volume ; and
(c) printed parts of books or booklets, in the form of assembled or separate sheets or signatures,
constituting the whole or a part of a complete work and designed for binding.
However, printed pictures or illustrations not bearing a text, whether in the form of signatures or
separate sheets, fall in heading 4911.
5. Subject to Note 3 to this Chapter, heading 4901 does not cover publications which are essentially
devoted to advertising (for example, brochures, pamphlets, leaflets, trade catalogues, year books published
by trade associations, tourist propaganda). Such publications are to be classified in heading 4911.
6. For the purposes of heading 4903, the expression “children’s picture books” means books for children
in which the pictures form the principal interest and the text is subsidiary.
SUPPLEMENTARY NOTES :
For the purposes of tariff item 4907 00 30, “Information Technology software” means any representation
of instructions, data, sound or image, including source code and object code, recorded in a machine readable
form, and capable of being manipulated or providing interactivity to a user, by means of an automatic data
processing machine.
SECTION-X 438 CHAPTER-49
SECTION XI
TEXTILES AND TEXTILE ARTICLES
NOTES :
1. This Section does not cover :
(a) animal brush making bristles or hair (heading 0502); horsehair or horsehair waste (heading
0511);
(b) human hair or articles of human hair (heading 0501, 6703 or 6704), except straining cloth of
a kind commonly used in oil presses or the like (heading 5911);
(c) cotton linters or other vegetable materials of Chapter 14;
(d) asbestos of heading 2524 or articles of asbestos or other products of heading 6812 or 6813;
(e) articles of heading 3005 or 3006; yarn used to clean between the teeth (dental floss), in
individual retail packages, of heading 3306;
(f) sensitised textiles of headings 3701 to 3704;
(g) monofilament of which any cross-sectional dimension exceeds 1 mm or strip or the like (for
example, artificial straw) of an apparent width exceeding 5 mm, of plastics (Chapter 39), or plaits or
fabrics or other basketware or wickerwork of such monofilament or strip (Chapter 46);
(h) woven, knitted or crocheted fabrics, felt or nonwovens, impregnated, coated, covered or
laminated with plastics, or articles thereof, of Chapter 39;
(ij) woven, knitted or crocheted fabrics, felt or nonwovens, impregnated, coated, covered or
laminated with rubber, or articles thereof, of Chapter 40;
(k) hides or skins with their hair or wool on (Chapter 41 or 43) or articles of furskin, artificial fur
or articles thereof, of heading 4303 or 4304;
(l) articles of textile materials of heading 4201 or 4202;
(m) products or articles of Chapter 48 (for example, cellulose wadding);
(n) footwear or parts of footwear, gaiters or leggings or similar articles of Chapter 64;
(o) hair-nets or other headgear or parts thereof of Chapter 65;
(p) goods of Chapter 67;
(q) abrasive-coated textile material (heading 6805) and also carbon fibres or articles of carbon
fibres of heading 6815;
(r) glass fibres or articles of glass fibres, other than embroidery with glass thread on a visible
ground of fabric (Chatper 70);
(s) articles of Chapter 94 (for example, furniture, bedding, lamps and lighting fittings);
(t) articles of Chapter 95 (for example, toys, games, sports requisites and nets);
(u) Articles of Chapter 96 [for example, brushes, travel sets for sewing, slide fasteners, typewriter
ribbons, sanitary towels (pads) and tampons, napkins (diapers) and napkin liners for babies]; or
(v) articles of Chapter 97.
SECTION-XI 442 CHAPTER-50
2. (A) Goods classifiable in Chapters 50 to 55 or in heading 5809 or 5902 and of a mixture of two or
more textile materials are to be classified as if consisting wholly of that one textile material which predominates
by weight over any other single textile materilas.
When no one textile material predominates by weight, the goods are to be classified as if consiting
wholly of that one textile material whcih is covered by the heading which occurs last in numerical order
among those which equally merit consideration.
(B) For the purposes of the above rule :
(a) gimped horsehair yarn (heading 5110) and metallised yarn (heading 5605) are to be treated as
a single textile material the weight of which is to be taken as the aggregate of the weights of its
components; for the classification of woven fabrics, metal thread is to be regarded as a textile material;
(b) the choice of appropriate heading shall be effected by determining first the Chapter and then
the applicable heading within that Chapter, disregarding any materials not classified in that Chapter;
(c) when both Chapters 54 and 55 are involved with any other Chapter, Chapters 54 and 55 are to
be treated as a single Chapter;
(d) where a Chapter or a heading refers to goods of different textile materials, such materials are
to be treated as a single textile material.
(C) The provisions of paragraphs (A) and (B) above apply also to the yarns referred to in Note 3, 4,
5 or 6 below.
3. (A) For the purposes of this Section, and subject to the exceptions in paragraph (B) below, yarns
[single, multiple (folded) or cabled] of the following descriptions are to be treated as “twine, cordage, ropes
and cables” :
(a) of silk or waste silk, measuring more than 20,000 decitex;
(b) of man-made fibres (including yarn of two or more monofilaments of Chapter 54), measuring
more than 10,000 decitex;
(c) of true hemp or flax :
(i) polished or glazed, measuring 1,429 decitex or more; or
(ii) not polished or glazed, measuring more than 20,000 decitex;
(d) of coir, consisting of three or more plies;
(e) of other vegetable fibres, measuring more than 20,000 decitex; or
(f) reinforced with metal thread.
(B) Exceptions :
(a) yarn of wool or other animal hair and paper yarn, other than yarn reinforced with metal
thread;
(b) man-made filament tow of Chapter 55 and multifilament yarn without twist or with a twist of
less than 5 turns per metre of Chapter 54;
(c) silk worm gut of heading 5006, and monofilaments of Chapter 54;
(d) metallised yarn of heading 5605; yarn reinforced with metal thread is subject to paragraph (A)
(f) above; and
(e) chenille yarn, gimped yarn and loop wale-yarn of heading 5606.
SECTION-XI 443 CHAPTER-50
4. (A) For the purposes of Chapters 50, 51, 52, 54 and 55, the expression “put up for retail sale” in
relation to yarn means, subject to the exceptions in paragraph (B) below, yarn [single, multiple (folded) or
cabled] put up :
(a) on cards, reels, tubes or similar supports, of a weight (including support) not exceeding :
(i) 85g in the case of silk, waste silk or man-made filament yarn; or
(ii) 125g in other cases;
(b) in balls, hanks or skeins of a weight not exceeding :
(i) 85g in the case of man-made filament yarn of less than 3,000 decitex, silk or silk waste;
(ii) 125g in the case of all other yarns of less than 2,000 decitex; or
(iii) 500g in other cases;
(c) in hanks or skeins comprising several smaller hanks or skeins separated by dividing threads
which render them independent one of the other, each of uniform weight not exceeding :
(i) 85g in the case of silk, waste silk or man-made filament yarn; or
(ii) 125g in other cases;
(B) Exceptions :
(a) single yarn of any textile material, except :
(i) single yarn of wool or fine animal hair, unbleached; and
(ii) single yarn of wool or fine animal hair, bleached, dyed or printed, measuring more than
5,000 decitex;
(b) multiple (folded) or cabled yarn, unbleached :
(i) of silk or waste silk, however put up; or
(ii) of other textile material except wool or fine animal hair, in hanks or skeins;
(c) multiple (folded) or cabled yarn of silk or waste silk, bleached, dyed or printed, measuring
133 decitex or less; and
(d) single, multiple (folded) or cabled yarn of any textile material :
(i) in cross-reeled hanks or skeins; or
(ii) put up on supports or in some other manner indicating its use in the textile industry (for
example, on cops, twisting mill tubes, pirns, conical bobbins or spindles, or reeled in the form of
cocoons for embroidery looms).
5. For the purposes of headings 5204, 5401 and 5508, the expression “sewing thread” means multiple
(folded) or cabled yarn :
(a) put up on supports (for example, reels, tubes) of a weight (including support) not exceeding
1,000 g;
(b) dressed for use as sewing thread; and
(c) with a final “Z” twist.
6. For the purposes of this Section, the expression “high tenacity yarn” means yarn having a tenacity,
expressed in cN/tex (centinewtons per tex), greater than the following :
single yarn of nylon or other polyamides, or of polyesters 60 cN/tex
SECTION-XI 444 CHAPTER-50
SUB-HEADING NOTES :
1. In this Section and, where applicable, throughout this Schedule, the following expressions have the
meanings hereby assigned to them :
(a) UNBLEACHED YARN
Yarn which :
(i) has the natural colour of its constituent fibres and has not been bleached, dyed
(whether or not in the mass) or printed; or
(ii) is of indeterminate colour (“grey yarn”), manufactured from garneted stock.
Such yarn may have been treated with a colourless dressing or fugitive dye (which disappears
after simple washing with soap) and, in the case of man-made fibres, treated in the mass with
delustring agents (for example, titanium dioxide).
(b) BLEACHED YARN
Yarn which :
(i) has undergone a bleaching process, is made of bleached fibres or, unless the context
otherwise requires, has been dyed white (whether or not in the mass) or treated with a white
dressing;
(ii) consists of a mixture of unbleached and bleached fibres; or
(iii) is multiple (folded) or cabled and consists of unbleached and bleached yarns.
(c) COLOURED (DYED OR PRINTED) YARN
Yarn which :
(i) is dyed (whether or not in the mass) other than white or in a fugitive colour, or
printed, or made from dyed or printed fibres;
(ii) consists of a mixture of dyed fibres of different colours or of a mixture of unbleached
or bleached fibres with coloured fibres (marl or mixture yarns), or is printed in one or more
colours at intervals to give the impression of dots;
(iii) is obtained from silvers or rovings which have been printed; or
(iv) is multiple (folded) or cabled and consists of unbleached or bleached yarn and
coloured yarn.
The above definitions also apply, mutatis mutandis, to monofilament and to strip or the like
of Chapter 54.
(d) UNBLEACHED WOVEN FABRIC
Woven fabric made from unbleached yarn and which has not been bleached, dyed or printed.
Such fabric may have been treated with a colourless dressing or a fugitive dye.
(e) BLEACHED WOVEN FABRIC
Woven fabric which :
(i) has been bleached or, unless the context otherwise requires, dyed white or treated
with a white dressing, in the piece;
(ii) consists of bleached yarn; or
SECTION-XI 446 CHAPTER-50
CHAPTER 50
Silk
CHAPTER 51
Wool, fine or coarse animal hair; horsehair yarn and woven fabric
NOTE :
Throughout this Schedule :
(a) “wool” means the natural fibre grown by sheep or lambs;
(b) “fine animal hair” means the hair of alpaca, ilama, vicuna, (including camel dromedary), yak,
Angora, Tibetan, Kashmir or similar goats (but not common goats), rabbit (including Angora rabbit),
hare, beaver, nutria or musk-rat;
(c) “coarse animal hair” means the hair of animals not mentioned above, excluding brush-making
hair and bristles (heading 0502) and horsehair (heading 0511).
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962
SECTION-XI 455 CHAPTER-51
(52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to
do, hereby exempts the goods of the description specified in column (3) of the Table below and falling
within the sub-heading of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) as are
specified in the corresponding entry in column (2) of the said Table, when imported into India, from so
much of the duty of customs leviable thereon under the said First Schedule as is in excess of the
amount calculated at the rate specified in the corresponding entry in column (4) of the said Table.
Table
________________________________________________________________________________________________________________________________________________________________________
S.No. Sub-heading Description of goods Rate
(1) (2) (3) (4)
1. 5111 11 All goods 10% or Rs.115 per sq. metre, whichever is higher
2. 5111 19 All goods 10% or Rs.125 per sq. metre, whichever is higher
3. 5111 20 All goods 10% or Rs. 65 per sq. metre, whichever is higher
4. 5111 30 All goods 10% or Rs. 65 per sq. metre, whichever is higher
5. 5111 90 All goods 10% or Rs. 75 per sq. metre, whichever is higher
6. 5112 11 All goods 10% or Rs. 105 per sq. metre, whichever is higher
7. 5112 19 All goods 10% or Rs. 130 per sq. metre, whichever is higher
8. 5112 20 All goods 10% or Rs. 70 per sq. metre, whichever is higher
9. 5112 30 All goods 10% or Rs. 90 per sq. metre, whichever is higher
10. 5112 90 All goods 10% or Rs. 115 per sq. metre, whichever is higher
_____________________________________________________________________________________________
Explanation.- For the purposes of this notification, the rate specified in column (4) of the Table
above is ad valorem rate unless otherwise specified therein.
SECTION-XI 462 CHAPTER-52
CHAPTER 53
Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn
___________________________________________________________________________________________________
5305 COCONUT, ABACA (MANILA HEMP OR MUSA
TEXTILES NEE ), RAMIE AND OTHER VEGETABLE
TEXTILE FIBRES , NOT ELSEWHERE SPECIFIED
SECTION-XI 481 CHAPTER-53
5305 00 40 --- Coir pith, processed in value added form like kg. 10% -
briquette, coins, neo disc, grow bags, organic
manure and in loose form for use in horticulture
or agriculture.
5305 00 50 --- Of Abaca kg. 10% -
5305 00 90 --- Of others kg. 10% -
___________________________________________________________________________________________________
CHAPTER 54
Man-made filaments; strip and the like
of man-made textile materials
NOTES :
1. Throughout this Schedule, the term ‘ man made fibres’ means staple fibres and filaments
of organic polymers produced by manufacturing processes either:
The terms “synthetic” and “artificial”, used in relation to fibres, mean: synthetic: fibres as
defined at (a); artificial : fibres as defined at (b). Strip and the like of heading 5404 or 5405 are not
considered to be man-made fibres.
The terms “man-made”, “synthetic” and “artificial” shall have the same meaning when used in
relation to “textile materials”.”;
2. Headings 5402 and 5403 do not apply to synthetic or artificial filament tow of Chapter 55.
EXEMPTION NOTIFICATIONS
For effective rates of duty on specified varieties of woven fabrics of this chapter see Notification
No. 14/05-Cus., dt.1.3.2005 under chapter 52.
SECTION-XI 497 CHAPTER-55
C HAPTER 55
Man-made staple fibres
NOTE :
Headings 5501 and 5502 apply only to man-made filament tow, consisting of parallel filaments
of a uniform length equal to the length of the tow, meeting the following specifications :
(a) length of tow exceeding 2 m;
(b) twist less than 5 turns per metre;
(c) measuring per filament less than 67 decitex;
(d) synthetic filament tow only: the tow must be drawn, that is to say, be incapable of
being stretched by more than 100% of its length;
(e) total measurement of tow more than 20,000 decitex.
Tow of a length not exceeding 2 m is to be classified in heading 5503 or 5504.
5514 30 13 ---- Other woven fabrics of m2 25% or Rs. 180 per kg., -
polyester staple fibres whichever is higher
5514 30 19 ---- Other woven fabrics m2 25% or Rs.31 per sq. -
metre, whichever is higher
- Printed :
5514 41 00 -- Of polyester staple fibres, m2 25% or Rs.26 per sq. -
plain weave metre,whichever is higher
EXEMPTION NOTIFICATIONS
For effective rates of duty on specified Varieties of woven fabrics of this Chapter see
Notfn. 14/05-Cus., dt.1.3.2005 under chapter 52.
SECTION-XI 510 CHAPTER-56
C HAPTER 56
Wadding, felt and nonwovens; special yarns; twine, cordage, ropes and
cables and articles thereof
N OTES :
1. This Chapter does not cover:
(a) wadding, felt or nonwovens, impregnated, coated or covered with substances or
preparations (e.g., perfumes or cosmetics of Chapter 33, soaps or detergents of heading
3401, polishes, creams or similar preparations of heading 3405, fabric softeners of heading
3809) where the textile material is present merely as a carrying medium;
(b) textile products of heading 5811;
(c) natural or artificial abrasive powder or grain, on a backing of felt or nonwovens
(heading 6805);
(d) agglomerated or reconstituted mica, on a backing of felt or nonwovens (heading
6814);
(e) metal foil on a backing of felt or nonwovens (generally Section XIV or XV).;
(f) Sanitary towels (pads) and tampons, napkins and napkin liners for babies and similar articles
of heading 9619.
2. The term “felt” includes needleloom felt and fabrics consisting of a web of textile fibres
the cohesion of which has been enhanced by a stitch-bonding process using fibres from the web
itself.
3. Headings 5602 and 5603 cover respectively felt and nonwovens, impregnated, coated,
covered or laminated with plastics or rubber whatever the nature of these materials (compact or
cellular).
Heading 5603 also includes nonwovens in which plastics or rubber forms the bonding
substance.
Headings 5602 and 5603 do not, however, cover:
(a) felt impregnated, coated, covered or laminated with plastics or rubber, containing
50 per cent. or less by weight of textile material or felt completely embedded in plastics or
rubber (Chapter 39 or 40);
(b) nonwovens, either completely embedded in plastics or rubber, or entirely coated or
covered on both sides with such materials, provided that such coating or covering can be
seen with the naked eye with no account being taken of any resulting change of colour
(Chapter 39 or 40); or
(c) plates, sheets or strip of cellular plastics or cellular rubber combined with felt or
nonwovens, where the textile material is present merely for reinforcing purposes (Chapter
39 or 40).
SECTION-XI 511 CHAPTER-56
4. Heading 5604 does not cover textile yarn, or strip or the like of heading 5404 or 5405,
in which the impregnation, coating or covering cannot be seen with the naked eye (usually Chapters
50 to 55); for the purpose of this provision, no account should be taken of any resulting change
of colour.
CHAPTER 57
Carpets and other textile floor coverings
NOTES :
1. For the purposes of this Chapter, the term “carpets and other textile floor coverings” means floor
coverings in which textile materials serve as the exposed surface of the article when in use and includes
articles having the characteristics of textile floor coverings but intended for use for other purposes.
2. This Chapter does not cover floor covering underlays.
CHAPTER 58
Special woven fabrics; tufted textile fabrics; lace; tapestries;
trimmings; embroidery
NOTES :
1. This Chapter does not apply to textile fabrics referred to in Note 1 to Chapter 59, impregnated,
coated, covered or laminated, or to other goods of Chapter 59.
2. Heading 5801 also includes woven weft pile fabrics which have not yet had the floats cut, at which
stage they have no pile standing up.
3. For the purposes of heading 5803, “gauze” means a fabric with a warp composed wholly or in part
of standing or ground threads and crossing or doup threads which cross the standing or ground threads
making a half turn, a complete turn or more to form loops through which weft threads pass.
4. Heading 5804 does not apply to knotted net fabrics of twine, cordage or rope, of heading 5608.
5. For the purposes of heading 5806, the expression “narrow woven fabrics” means:
(a) woven fabrics of a width not exceeding 30 cm, whether woven as such or cut from wider
pieces, provided with selvedges (woven, gummed or otherwise made) on both edges;
(b) tubular woven fabrics of a flattened width not exceeding 30 cm; and
(c)bias binding with folded edges, of a width when unfolded not exceeding 30 cm.
Narrow woven fabrics with woven fringes are to be classified in heading 5808.
6. In heading 5810, the expression “embroidery” means, inter alia, embroidery with metal or glass
thread on a visible ground of textile fabric, and sewn appliqué work of sequins, beads or ornamental motifs
of textile or other materials. The heading does not apply to needlework tapestry (heading 5805).
7. In addition to the products of heading 5809, this Chapter also includes articles made of metal thread
and of a kind used in apparel, as furnishing fabrics or for similar purposes.
5801 37 10 --- Warp pile fabrics, uncut m2 25% or Rs. 140 per sq. -
metre whichever is higher
5801 37 20 --- Warp pile fabrics, cut m2 25% or Rs. 68 per sq. metre -
whichever is higher
5801 37 90 --- Other m2 25% or Rs. 140 per sq. metre -
whichever is higher
5801 90 -- Of other textile materials :
5801 90 10 --- Pile fabrics and chenille fabrics m2 25% or Rs. 35 per sq. metre -
of silk containing more than whichever is higher
50% by weight of silk, but not
containing wool or hair
5801 90 90 --- Pile fabrics and chenille fabrics m2 25% or Rs. 35 per sq. metre, -
SECTION-XI 523 CHAPTER-58
EXEMPTION NOTIFICATIONS
For effective rates of duty on specified fabrics of this chapter - see Notifn.
No.14/05-Cus., dt. 1.3.2005 under chapter 52.
SECTION-XI 528 CHAPTER-59
CHAPTER 59
Impregnated, coated, covered or laminated textile fabrics; textile articles of a kind suitable for
industrial use
NOTES :
1. Except where the context otherwise requires, for the purposes of this Chapter, the expression “textile
fabrics” applies only to the woven fabrics of Chapters 50 to 55 and headings 5803 and 5806, the braids and
ornamental trimmings in the piece of heading 5808 and the knitted or crocheted fabrics of headings 6002 to
6006.
2. Heading 5903 applies to:
(a) textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight
per square metre and whatever the nature of the plastic material (compact or cellular), other than:
(1) fabrics in which the impregnation, coating or covering cannot be seen with the naked
eye (usually Chapters 50 to 55, 58 or 60); for the purpose of this provision, no account should be
taken of any resulting change of colour;
(2) products which cannot, without fracturing, be bent manually around a cylinder of a
diameter of 7 mm, at a temperature between 15oC and 30oC (usually Chapter 39);
(3) products in which the textile fabric is either completely embedded in plastics or entirely
coated or covered on both sides with such material, provided that such coating or covering can be
seen with the naked eye with no account being taken of any resulting change of colour (Chapter
39);
(4) fabrics partially coated or partially covered with plastics and bearing designs resulting
from these treatments (usually Chapters 50 to 55, 58 or 60);
(5) plates, sheets or strip of cellular plastics, combined with textile fabric, where the textile
fabric is present merely for reinforcing purposes (Chapter 39); or
(6) textile products of heading 5811;
(b) fabrics made from yarn, strip or the like, impregnated, coated, covered or sheathed with
plastics, of heading 5604.
3. For the purposes of heading 5905, the expression “textile wall coverings” applies to products in
rolls, of a width of not less than 45 cm, suitable for wall or ceiling decoration, consisting of a textile surface
which has been fixed on a backing or has been treated on the back (impregnated or coated to permit pasting).
This heading does not, however, apply to wall coverings consisting of textile flock or dust fixed directly
on a backing of paper (heading 4814) or on a textile backing (generally heading 5907).
4. For the purposes of heading 5906, the expression “rubberised textile fabrics” means:
(a) textile fabrics impregnated, coated, covered or laminated with rubber:
(i) weighing not more than 1,500 g/m2; or
(ii) weighing more than 1,500 g/m2 and containing more than 50% by weight of textile
material;
SECTION-XI 529 CHAPTER-59
(b) fabrics made from yarn, strip or the like, impregnated, coated, covered or sheathed with
rubber, of heading 5604; and
(c) fabrics composed of parallel textile yarns agglomerated with rubber, irrespective of their
weight per square metre.
This heading does not, however, apply to plates, sheets or strip of cellular rubber combined with textile
fabric, where the textile fabric is present merely for reinforcing purposes (Chapter 40), or textile products of
heading 5811.
5. Heading 5907 does not apply to:
(a) fabrics in which impregnation, coating or covering cannot be seen with the naked eye
(usually Chapters 50 to 55, 58 or 60); for the purpose of this provision, no account should be taken of
any resulting change of colour;
(b) fabrics painted with designs (other than painted canvas being theatrical scenery, studio back-
cloths or the like);
(c) fabrics partially covered with flock, dust, powdered cork or the like and bearing designs
resulting from these treatments; however, imitation pile fabrics remain classified in this heading;
(d) fabrics finished with normal dressings having a basis of amylaceous or similar substances;
(e) wood veneered on a backing of textile fabrics (heading 4408);
(f) natural or artificial abrasive powder or grain, on a backing of textile fabrics (heading 6805);
(g) agglomerated or reconstituted mica, on a backing of textile fabrics (heading 6814); or
(h) metal foil on a backing of textile fabrics (generally Section XIV or XV).
6. Heading 5910 does not apply to:
(a) transmission or conveyor belting, of textile material, of a thickness of less than 3 mm; or
(b) transmission or conveyor belts or belting of textile fabric impregnated, coated, covered or
laminated with rubber or made from textile yarn or cord impregnated, coated, covered or sheathed
with rubber (heading 4010).
7. Heading 5911 applies to the following goods, which do not fall in any other heading of Section XI:
(a) textile products in the piece, cut to length or simply cut to rectangular (including square)
shape (other than those having the character of the products of headings 5908 to 5910), the following
only:
(i) textile fabrics, felt and felt-lined woven fabrics, coated, covered or laminated with rubber,
leather or other material, of a kind used for card clothing, and similar fabrics of a kind used for
other technical purposes, including narrow fabrics made of velvet impregnated with rubber, for
covering weaving spindles (weaving beams);
(ii) bolting cloth;
(iii) straining cloth of a kind used in oil presses or the like, of textile material or of human
hair;
(iv) flat woven textile fabrics with multiple warp or weft, whether or not felted, impregnated
or coated, of a kind used in machinery or for other technical purposes;
SECTION-XI 530 CHAPTER-59
(v) textile fabrics reinforced with metal, of a kind used for technical purposes;
(vi) cords, braids and the like, whether or not coated, impregnated or reinforced with metal,
of a kind used in industry as packing or lubricating materials;
(b) textile articles (other than those of headings 5908 to 5910) of a kind used for technical purposes
[for example, textile fabrics and felts, endless or fitted with linking devices, of a kind used in paper
making or similar machines (for example, for pulp or asbestos-cement), gaskets, washers, polishing
discs and other machinery parts].
CHAPTER 60
Knitted or crocheted fabrics
NOTES :
1. This Chapter does not cover :
(a) crochet lace of heading 5804 ;
(b) labels, badges or similar articles, knitted or crocheted, of heading 5807 ; or
(c) knitted or crocheted fabrics, impregnated, coated, covered or laminated, of Chapter 59. However,
knitted or crocheted pile fabrics, impregnated, coated, covered or laminated, remain classified in heading
6001.
2. This Chapter also includes fabrics made of metal thread and of a kind used in apparel, as furnishing
fabrics or for similar purposes.
3. Throughout this Schedule, any reference to “knitted” goods includes a reference to stitch-bonded
goods in which the chain stitches are formed of textile yarn.
Sub-heading Note:
Sub-heading 6005 35 covers fabrics of polyethylene monofilament or of polyester multifilament,
weighing not less than 30 g/m2 and not more than 55 g/m2, having a mesh size of not less than 20 holes/
cm2 and not more than 100 holes/cm2, and impregnated or coated with alpha-cypermethrin (ISO),
chlorfenapyr (ISO), deltamethrin (INN, ISO), lambdacyhalothrin (ISO), permethrin (ISO) or pirimiphos-
methyl (ISO).
Supplementary Note:
Tariff items 6001 91 00, 6001 92 00 and sub-heading 6001 99 includes cut-pile fabrics produced
through shearing of loops during or after the production of fabric.
CHAPTER 61
Articles of apparel and clothing accessories, knitted or crocheted
NOTES :
1. This Chapter applies only to made up knitted or crocheted articles.
2. This Chapter does not cover:
(a) goods of heading 6212;
(b) worn clothing or other worn articles of heading 6309; or
(c) orthopaedic appliances, surgical belts, trusses or the like (heading 9021).
3. For the purposes of headings 6103 and 6104:
(a) the term “suit” means a set of garments composed of two or three pieces made up, in respect
of their outer surface, in identical fabric and comprising:
(i) one suit coat or jacket the outer shell of which, exclusive of sleeves, consists of four or
more panels, designed to cover the upper part of the body, possibly with a tailored waistcoat in
addition whose front is made from the same fabric as the outer surface of the other components
of the set and whose back is made from the same fabric as the lining of the suit coat or jacket; and
(ii) one garment designed to cover the lower part of the body and consisting of trousers,
breeches or shorts (other than swimwear), a skirt or a divided skirt, having neither braces or bibs.
All of the components of a “suit” must be of the same fabric construction, colour and composition; they
must also be of the same style and of corresponding or compatible size. However, these components may
have piping (a strip of fabric sewn into the seam) in a different fabric.
If several separate components to cover the lower part of the body are presented together (for example,
two pairs of trousers or trousers and shorts, or a skirt or divided skirt and trousers), the constituent lower part
shall be one pair of trousers or, in the case of women’s or girls’ suits, the skirt or divided skirt, the other
garments being considered separately.
The term “suit” includes the following sets of garments, whether or not they fulfil all the above conditions:
(A) morning dress, comprising a plain jacket (cutaway) with rounded tailshangingwell down
at the back and striped trousers;
(B) evening dress (tailcoat), generally made of black fabric, the jacket of which is relatively
short at the front, does not close and has narrow skirts cut in at the hips and hanging down behind;
(C) dinner jacket suits, in which the jacket is similar in style to an ordinary jacket (though
perhaps revealing more of the shirt front), but has shiny silk or imitation silk lapels.
(b) the term “ensemble” means a set of garments (other than suits and articles of heading 6107,
6108 or 6109), composed of several pieces made up in identical fabric, put up for retails sale, and
comprising:
(i) one garment designed to cover the upper part of the body, with the exception of
pullovers which may form a second upper garment in the sole context of twin sets, and of waistcoats
which may also form a second upper garment, and
SECTION-XI 539 CHAPTER-61
(ii) one or two different garments, designed to cover the lower part of the body and consisting
of trousers, bib and brace overalls, breeches, shorts (other than swimwear), a skirt or a divided
skirt.
All of the components of an ensemble must be of the same fabric construction, style, colour and
composition; they also must be of corresponding or compatible size. The term “ensemble” does not apply to
tract suits or ski suits, of heading 6112.
4. Headings 6105 and 6106 do not cover garments with pockets below the waist, with a ribbed waistband
or other means of tightening at the bottom of the garment, or garments having an average of less than 10
stitches per linear centimetre in each direction counted on an area measuring at least 10 cm x 10 cm. Heading
6105 does not cover sleeveless garments.
5. Heading 6109 does not cover garments with a drawstring, ribbed waistband or other means of
tightening at the bottom of the garment.
6. For the purpose of heading 6111:
(a) the expression “babies’ garments and clothing accessories” means articles for young children
of a body height not exceeding 86 cm;
(b) articles which are, prima facie, classifiable both in heading 6111 and in other headings of this
Chapter are to be classified in heading 6111.
7. For the purposes of heading 6112 “ski suits” means garments or sets of garments which, by their
general appearance and texture, are identifiable as intended to be worn prinicipally for skiing (cross-country
or alpine). They consist either of:
(a) a “ski overall”, that is, a one-piece garment designed to cover the upper and the lower parts of
the body; in addition to sleeves and a collar, the ski overall may have pockets or footstraps; or
(b) a “ski ensemble”, that is, a set of garments composed of two or three pieces, put up for retail
sale and comprising:
(i) one garment such as an anorak, wind-cheater, wind-jacket or similar article, closed by a
slide fastener (zipper), possibly with a waistcoat in addition, and
(ii) one pair of trousers whether or not extending above waist level, one pair of breeches or
one bib and brace overall.
The “ski ensemble” may also consist of an overall similar to the one mentioned in paragraph (a) above
and a type of padded, sleeveless jacket worn over the overall.
All the components of a “ski ensemble” must be made up in a fabric of the same texture, style and
composition whether or not of the same colour; they also must be of corresponding or compatible size.
8. Garments which are, prima facie, classifiable both in heading 6113 and in other headings of this
Chapter, excluding heading 6111, are to be classified in heading 6113.
9. Garments of this Chapter designed for left over right closure at the front shall be regarded as men’s
or boys’ garments, and those designed for right over left closure at the front as women’s or girls’ garments.
These provisions do not apply where the cut of the garment clearly indicates that it is designed for one or
other of the sexes.
Garments which cannot be identified as either men’s or boys’ garments or as women’s or girls’ garments
SECTION-XI 540 CHAPTER-61
Exemption to fabrics (including interlining) imported into India against a valid Special Advance
Authorisation issued by the Regional Authority in terms of paragraph 4.04A of the Foreign Trade
Policy:
[Notfn. No. 45/16-Cus., dt. 13.8. 2016 as amended by 26/17, 79/17, 35/18, 66/18, 8/19, 18/2020].
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts fabrics (including interlining) imported into India against a valid Special Advance Authorisation
(hereinafter referred to as the said authorisation) issued by the Regional Authority in terms of paragraph
4.04A of the Foreign Trade Policy from the whole of the duty of customs leviable thereon which is specified
in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs
Tariff Act) and from the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of
section 3, integrated tax leviable thereon under sub-section (7) of section 3, the goods and services tax
compensation cess leviable thereon under sub-section (9) of section 3, safeguard duty leviable thereon under
section 8B, countervailing duty leviable thereon under section 9 and anti-dumping duty leviable thereon under
section 9A of the Customs Tariff Act, subject to the following conditions, namely :-
(i) that the said authorisation is produced before the proper officer at the time of clearance for debit;
(ii) that the said authorisation is meant for import of fabric only and bears,-
(a) the name and address of the importer and the supporting manufacturer in cases where
the authorisation has been issued to a merchant exporter; and
(b) the description and other specifications of the fabrics to be imported and the description,
quantity and value of exports of the product falling under Chapter 61 or 62 of the said First
Schedule to the Customs Tariff Act;
(iii) that the fabrics imported corresponds to the description and other specifications (where appli-
cable) mentioned in the authorisation and are in terms of para 4.12 of the Foreign Trade Policy and the value
and quantity thereof are within the limits specified in the said authorisation;
(iv) that the importer at the time of clearance of the imported fabric executes a bond with such surety
or security and in such Form and for such sum as may be specified by the Deputy Commissioner of Customs
or Assistant Commissioner of Customs, as the case may be, binding himself to pay on demand an amount
equal to the duty leviable, but for the exemption contained herein, on the imported materials in respect of
which the conditions specified in this notification are not complied with, together with interest at the rate of
fifteen per cent. per annum from the date of clearance of the said materials:
Provided that in relation to the said authorisation issued to a merchant exporter, the bond required to
be executed by the importer in terms of this notification shall be executed jointly by the merchant exporter
and the supporting manufacturer binding themselves jointly and severally to comply with the conditions speci-
fied in this notification;
(v) that the imports and exports are undertaken through the seaports, airports or through the inland
container depots or through the land customs stations as mentioned in the Table 2 annexed to the Notification
No.16/2015 - Customs dated 01.04.2015 or a Special Economic Zone notified under section 4 of the Special
Economic Zones Act, 2005 (28 of 2005):
Provided that the Commissioner of Customs may, by special order or a public notice and subject to
such conditions as may be specified by him, permit import and export through any other Sea-port, Airport,
SECTION-XI 551 CHAPTER-61
Inland Container Depot or through a Land Customs Station within his jurisdiction;
(vi) that the export is made subject to pre-import condition on the fabrics in terms of notified Standard
Input Output Norms (SION) or under prior fixation of norms for fabric only;
(vii) that the export obligation as specified in the said authorisation (both in value and quantity terms)
is discharged within the period specified in the said authorisation or within such extended period as may be
granted by the Regional Authority through physical exports of products (in which the pre-imported fabric is
physically incorporated) falling under Chapter 61 or 62 of the First Schedule to the Customs Tariff Act
manufactured in India which are specified in the said authorisation;
(viii) that the importer produces evidence of discharge of export obligation to the satisfaction of the
Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, within a
period of sixty days of the expiry of period allowed for fulfillment of export obligation, or within such extended
period as the said Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may
be, may allow;
(ix) that the said authorisation shall not be transferred and the said fabrics shall not be transferred or
sold;
Provided that the said fabrics may be transferred to a job worker for processing subject to complying
the conditions specified in the relevant goods and services tax provisions permitting transfer of materials for
job work;
Provided further that, no such transfer for purposes of job work shall be effected to the units located
in areas eligible for area based exemptions from the levy of excise duty in terms of notification Nos. 32/1999-
Central Excise dated 08.07.1999, 33/1999-Central Excise dated 08.07.1999, 39/2001-Central Excise dated
31.07.2001, 56/2002- Central Excise dated 14.11.2002, 57/2002- Central Excise dated 14.11.2002, 49/2003-
Central Excise dated 10.06.2003, 50/2003- Central Excise dated 10.06.2003, 56/2003- Central Excise dated
25.06.2003, 71/03- Central Excise dated 09.09.2003, 8/2004- Central Excise dated 21.01.2004 and 20/2007-
Central Excise dated 25.04.2007.
(xii) the exemption from integrated tax leviable and the goods and services tax compensation cess
leviable thereon under sub-section (7) and sub-section (9) of section 3 of the said Customs Tariff Act shall be
available up to the 31st March, 2021.
2. Where the fabrics are found defective or unfit for use, the said fabrics may be re-exported back to
the foreign supplier within six months from the date of clearance of the said fabrics or such extended period
not exceeding a further period of six months as the Commissioner of Customs may allow:
Provided that at the time of re-export, the fabrics are identified as the same fabric which was
imported to the satisfaction of the Deputy Commissioner of Customs or Assistant Commissioner of Customs,
as the case may be.
Explanation, - For the purposes of this notification,-
(I) "Foreign Trade Policy" means the Foreign Trade Policy, 2015-2020, published by the Government of India
in the Ministry of Commerce and Industry issued vide notification No. 01/2015-2020, dated the 1st April 2015
as amended from time to time;
(II) "Regional Authority" means the Director General of Foreign Trade appointed under section 6 of the
Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorized by him to grant
an authorisation under the said Act.
3. This notification shall come into force on the 1st day of September 2016.
SECTION-XI 552 CHAPTER-62
CHAPTER 62
Articles of apparel and clothing accessories, not knitted or crocheted
NOTES :
1. This Chapter applies only to made up articles of any textile fabric other than wadding, excluding
knitted or crocheted (other than those of heading 6212).
2.This Chapter does not cover :
(a) worn clothing or other worn articles of heading 6309; or
(b) orthopaedic appliances, surgical belts, trusses or the like (heading 9021).
3. For the purposes of headings 6203 and 6204 :
(a) the term “suit” means a set of garments composed of two or three pieces made up, in respect
of their outer surface, in identical fabric and comprising :
— one suit coat or jacket the outer shell of which, exclusive of sleeves, consists of four or
more panels, designed to cover the upper part of the body, possibly with a tailored waistcoat in
addition whose front is made from the same fabric as the outer surface of the other components
of the set and whose back is made from the same fabric as the lining of the suit coat or jacket; and
— one garment designed to cover the lower part of the body and consisting of trousers,
breaches or shorts (other than swimwear), a skirt or a divided skirt, having neither braces nor bibs.
All of the components of a “suit” must be of the same fabric construction, colour and
composition; they must also be of the same style and of corresponding or compatible size. However,
these components may have piping (a strip of fabric sewn into the seam) in a different fabric.
If several separate components to cover the lower part of the body are presented together
(for example, two pairs of trousers or trousers and shorts, or a skirt or divided skirt and trousers),
the constituent lower part shall be one pair of trousers or, in the case of women’s or girls’ suits, the
skirt or divided skirt, the other garments being considered separately.
The term “suit” includes the following set of garments, whether or not they fulfil all the
above conditions :
(A) morning dress, comprising a plain jacket (cutaway) with rounded tails hanging well down
at the back and striped trousers ;
(B) evening dress (tailcoat), generally made of black fabric, the jacket of which is relatively
short at the front, does not close and has narrow skirts cut in at the hips and hanging down behind
;
(C) dinner jacket suits, in which the jacket is similar in style to an ordinary jacket (though
perhaps revealing more of the shirt front), but has shiny silk or imitation silk lapels ;
(b) the term “ensemble” means a set of garments (other than suits and articles of heading 6207
or 6208) composed of several pieces made up in identical fabric, put up for retail sale, and comprising :
— one garment designed to cover the upper part of the body, with the exception of waistcoats
SECTION-XI 553 CHAPTER-62
Supplementary Note:
For the purpose of this Chapter, “Khadi” means,—
(a) the article of apparel or clothing accessories, made from any cloth woven on handlooms in India
from cotton, silk or woollen yarn handspun in India or from a mixture of any two or all of such yarns;
and
(b) produced by a person certified or recognised by the Khadi Village Industries Commission established
under section 4 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956).
GARMENTS OR OF CLOTHING
ACCESSORIES , OTHER THAN
THOSE OF HEADING 6212
6217 10 ---- Accessories :
6217 10 10 ---- For articles of apparel of cotton kg. 25% -
6217 10 20 ---- For articles of apparel of synthetic kg. 25% -
fibres
6217 10 30 ---- For articles of apparel of wool kg. 25% -
6217 10 40 ---- For articles of apparel of silk kg. 25% -
6217 10 50 ---- For articles of apparel of kg. 25% -
regenerated fibre
6217 10 60 ---- For articles of apparel of other kg. 25% -
fibres
6217 10 70 ---- Stockings, socks sockettes and kg. 25% -
the like of cotton
6217 10 90 ---- Other kg. 25% -
6217 90 ---- Parts :
6217 90 10 ---- Collar cuffs and the like of cotton kg. 25% -
6217 90 20 ---- Of silk kg. 25% -
6217 90 30 ---- Of wool kg. 25% -
6217 90 40 ---- Separately presented removable kg. 25% -
linings for raincoats and other
6217 90 90 ---- Other kg. 25% -
SECTION-XI 568 CHAPTER-63
CHAPTER 63
Other made up textile articles; sets; worn clothing and worn textile articles; rags
NOTES :
1. Sub-Chapter I applies only to made up articles, of any textile fabric.
2. Sub-Chapter I does not cover :
(a) goods of Chapters 56 to 62 ; or
(b) worn clothing or other worn articles of heading 6309.
3. Heading 6309 applies only to the following goods :
(a) articles of textile materials :
(i) clothing and clothing accessories, and parts thereof ;
(ii) blankets and travelling rugs ;
(iii) bed linen, table linen, toilet linen and kitchen linen ;
(iv) furnishing articles, other than carpets of headings 5701 to 5705 and tapestries of head-
ing 5805.
(b) footwear and headgear of any material other than asbestos.
In order to be classified in this heading, the articles mentioned above must comply with both of the
following requirements :
(i) they must show signs of appreciable wear, and
(ii) they must be presented in bulk or in bales, sacks or similar packings.
Sub-heading Note:
Sub-heading 6304 20 covers articles made from warp knit fabrics, impregnated or coated with alpha-
cypermethrin (ISO), chlorfenapyr (ISO), deltamethrin (INN, ISO), lambda-cyhalothrin (ISO), permethrin
(ISO) or pirimiphosmethyl (ISO).
___________________________________________________________________________________________________
III.—WORN CLOTHING AND
WORN TEXTILE ARTICLES; RAGS
6309 00 00 WORN CLOTHING AND OTHER WORN ARTICLES kg. 25% --
___________________________________________________________________________________________________
6310 USED OR NEW RAGS, SCRAP TWINE, CORDAGE,
ROPE AND CABLES AND WORN OUT ARTICLES
OF TWINE , CORDAGE , ROPE OR CABLES , OF
TEXTILE MATERIALS
6310 10 - Sorted :
6310 10 10 --- Woollen rags kg. 25% -
6310 10 20 --- Cotton rags kg. 25% -
6310 10 30 --- Gunny cuttings kg. 25% -
6310 10 90 --- Other kg. 25% -
- Other :
6310 90 10 --- Woolen rags kg. 25% -
6310 90 20 --- Cotton rags kg. 25% -
6310 90 30 --- Gunny cuttings kg. 25% -
6310 90 40 --- Synthetic rags kg. 25% -
6310 90 90 --- Other kg. 25% -
______________________________________________________________________________________________________________
SECTION-XII 574 CHAPTER-64
SECTION XII
FOOTWEAR, HEADGEAR, UMBRELLAS, SUN UMBRELLAS, WALKING- STICKS, SEAT-
STICKS, WHIPS, RIDING-CROPS AND PARTS THEREOF; PREPARED FEATHERS AND
ARTICLES MADE THEREWITH; ARTIFICIAL FLOWERS; ARTICLES OF HUMAN HAIR
CHAPTER 64
Footwear, gaiters and the like; parts of such articles
NOTES :
1. This Chapter does not cover :
(a) disposable foot or shoe coverings of flimsy material (for example, paper, sheeting of plastics)
without applied soles. These products are classified according to their constituent material;
(b) footwear of textile material, without an outer sole glued, sewn or otherwise affixed or applied
to the upper (Section XI) ;
(c) worn footwear of heading 6309 ;
(d) articles of asbestos (heading 6812) ;
(e) orthopaedic footwear or other orthopaedic appliances, or parts thereof (heading 9021) ; or
(f) toy footwear or skating boots with ice or roller skates attached; shin-guards or similar protective
sportswear (Chapter 95).
2. For the purposes of heading 6406, the term “parts” does not include pegs, protectors, eyelets, hooks,
buckles, ornaments, braid, laces, pompons or other trimmings (which are to be classified in their appropriate
headings) or buttons or other goods of heading 9606.
3. For the purposes of this Chapter :
(a) the terms “rubber” and “plastics” include woven fabrics or other textile products with an
external layer of rubber or plastics being visible to the naked eye; for the purpose of this provision, no
account should be taken of any resulting change of colour; and
(b) the term “leather” refers to the goods of headings 4107 and 4112 to 4114.
4. Subject to Note 3 to this Chapter :
(a) the material of the upper shall be taken to be the constituent material having the greatest
external surface area, no account being taken of accessories of reinforcements such as ankle patches,
edging, ornamentation, buckles, tabs, eyelet stays or similar attachments;
(b) the constituent material of the outer sole shall be taken to be the material having the greatest
surface area in contact with the ground, no account being taken of accessories or reinforcements such
as spikes, bars, nails, protectors or similar attachments.
SUB-HEADING NOTE :
For the purposes of sub-headings 6402 12, 6402 19, 6403 12, 6403 19 and 6404 11, the expression
“sports footwear” applies only to :
(a) footwear which is designed for a sporting activity and has, or has provision for the attachment
of, spikes, springs, stops, clips, bars or the like ;
(b) skating boots, ski-boots and cross-country ski footwear, snowboard boots, wrestling boots,
boxing boots and cycling shoes.
SECTION-XII 575 CHAPTER-64
CHAPTER 65
Headgear and parts thereof
NOTES :
1. This Chapter does not cover:
(a) worn headgear of heading 6309;
(b) asbestos headgear (heading 6812); or
(c) dolls’ hats, other toy hats or carnival articles of Chapter 95.
2. Heading 6502 does not cover hat-shapes made by sewing, other than those obtained simply by
sewing strips in spirals.
_____________________________________________________________________________________________
6504 00 00 HATS AND OTHER HEADGEAR, PLAITED OR
MADE BY kg. 10% -
ASSEMBLING STRIPS OF ANY MATERIAL ,
WHETHER ORNOT LINED OR TRIMMED
_____________________________________________________________________________________________
6505 HATS AND OTHER HEADGEAR, KNITTED OR
CROCHETED, OR MADE UP FROM LACE , FELT OR
OTHER TEXTILE FABRIC, IN THE PIECE ( BUT NOT IN
STRIPS ), WHETHER OR NOT LINED OR TRIMMED;
HAIR- NETS OF ANY MATERIAL , WHETHER OR NOT
LINED OR TRIMMED
6505 00 - Hats and other headgear, knitted or crocheted,
or made up from lace, felt or other textile
fabric, in the piece (but not in strips), whether
or not lined or trimmed; hair-nets of any
material, whether or not lined or trimmed
6505 00 10 --- Hair nets kg. 10% -
6505 00 90 --- Other kg. 10% -
_______________________________________________________________________________________________
6506 OTHER HEADGEAR , WHETHER OR NOT LINED
OR TRIMMED
6506 10 - Safety headgear:
6506 10 10 --- Speed glass welding helmets or other helmets u 10% -
meant for industrial use
6506 10 90 --- Other u 10% -
- Other:
6506 91 00 -- Of rubber or of plastics kg. 10% -
6506 99 00 -- Of other materials kg. 10% -
_____________________________________________________________________________________________________________________________
6507 00 00 HEAD- BANDS, LININGS, COVERS, HAT FOUNDATIONS, kg. 10% -
HAT FRAMES , PEAKS AND CHINSTRAPS , FOR HEADGEAR
_______________________________________________________________________________________________
SECTION-XII 581 CHAPTER-66
CHAPTER 66
Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips,
riding-crops and parts thereof
NOTES :
1. This Chapter does not cover:
(a) measure walking-sticks or the like (heading 9017);
(b) firearm-sticks, sword-sticks, loaded walking-sticks or the like (Chapter 93); or
(c) goods of Chapter 95 (for example, toy umbrellas, toy sun umbrellas).
2. Heading 6603 does not cover parts, trimmings or accessories of textile material, or covers, tassels,
thongs, umbrella cases or the like, of any material. Such goods presented with, but not fitted to, articles of
heading 6601 or 6602 are to be classified separately and are not to be treated as forming part of those
articles.
CHAPTER 67
Prepared feathers and down and articles made of feathers or of down;
artificial flowers; articles of human hair
NOTES :
1. This Chapter does not cover :
(a) straining cloth of human hair (heading 5911) ;
(b) floral motifs of lace, of embroidery or other textile fabric (Section XI) ;
(c) footwear (Chapter 64) ;
(d) headgear or hair-nets (Chapter 65) ;
(e) toys, sports requisites or carnival articles (Chapter 95); or
(f) feather dusters, powder-puffs or hair sieves (Chapter 96).
2. Heading 6701 does not cover :
(a) articles in which feathers or down constitute only filling or padding (for example, bedding of
heading 9404);
(b) articles of apparel or clothing accessories in which feathers or down constitute no more than
mere trimming or padding; or
(c) artificial flowers or foliage or parts thereof or made up articles of heading 6702.
3. Heading 6702 does not cover :
(a) articles of glass (Chapter 70) ;
(b) artificial flowers, foliage or fruit of pottery, stone, metal, wood or other materials, obtained in
one piece by moulding, forging, carving, stamping or other process, or consisting of parts assembled
otherwise than by binding, glueing, fitting into one another or similar methods.
SECTION XIII
ARTICLES OF STONE, PLASTER, CEMENT, ASBESTOS, MICA OR SIMILAR
MATERIALS; CERAMIC PRODUCTS; GLASS AND GLASSWARE
CHAPTER 68
Articles of stone, plaster, cement, asbestos, mica or similar materials
NOTES :
1. This Chapter does not cover :
(a) goods of Chapter 25 ;
(b) coated, impregnated or covered paper and paperboard of heading 4810 or 4811 (for example,
paper and paperboard coated with mica powder or graphite, bituminised or asphalted paper and
paperboard) ;
(c) coated, impregnated or covered textile fabric of Chapter 56 or 59 (for example, fabric coated
or covered with mica powder, bituminised or asphalted fabric) ;
(d) articles of Chapter 71 ;
(e) tools or parts of tools, of Chapter 82 ;
(f) lithographic stones of heading 8442 ;
(g) electrical insulators (heading 8546) or fittings of insulating material of heading 8547 ;
(h) dental burrs (heading 9018) ;
(ij) articles of Chapter 91 (for example, clocks and clock cases) ;
(k) articles of Chapter 94 (for example, furniture, lamps and lighting fittings, prefabricated
buildings) ;
(l) articles of Chapter 95 (for example, toys, games and sports requisites) ;
(m) articles of heading 9602, if made of materials specified in Note 2 (b) to Chapter 96, or of
heading 9606 (for example, buttons), of heading 9609 (for example, slate pencils), heading 9610 (for
example, drawing slates) or of heading 9620 (monopods, bipods, tripods and similar articles); or;
(n) articles of Chapter 97 (for example, works of art).
2. In heading 6802, the expression “worked monumental or building stone” applies not only to the
varieties of stone referred to in heading 2512.5 or 2516 but also to all other natural stone (for example,
quartzite, flint, dolomite and steatite) similarly worked; it does not, however, apply to slate.
CHAPTER 69
Ceramic products
NOTES:
1. This Chapter applies only to ceramic products which have been fired after shaping. Headings 6904
to 6914 apply only to such products other than those classifiable in headings 6901 to 6903.
2. This Chapter does not cover :
(a) products of heading 2844;
(b) articles of heading 6804;
(c) articles of Chapter 71 (for example, imitation jewellery);
(d) cermets of heading 8113;
(e) articles of Chapter 82;
(f) electrical insulators (heading 8546) or fittings of insulating material of heading 8547;
(g) artificial teeth (heading 9021);
(h) articles of Chapter 91 (for example, clocks and clock cases);
(ij) articles of Chapter 94 (for example, furniture, lamps and lighting fittings, prefabricated build-
ings);
(k) articles of Chapter 95 (for example, toys, games and sports requisites);
(l) articles of heading 9606 (for example, buttons) or of heading 9614 (for example, smoking
pipes); or
(m) articles of Chapter 97 (for example, works of art).
CHAPTER 70
Glass and glassware
NOTES :
1. This Chapter does not cover :
(a) goods of heading 3207 (for example, vitrifiable enamels and glazes, glass frit, other glass in the
form of powder, granules or flakes) ;
(b) articles of Chapter 71 (for example, imitation jewellery) ;
(c) optical fibre cables of heading 8544, electrical insulators (heading 8546) or fittings of insulating
material of heading 8547 ;
(d) optical fibres, optically worked optical elements, hypodermic syringes, artificial eyes, ther-
mometers, barometers, hydrometers or other articles of Chapter 90 ;
(e) lamps or lighting fittings, illuminated signs, illuminated name-plates and the like, having a
permanently fixed light source, or parts thereof of heading 9405;
(f) toys, games, sports requisites, Christmas tree ornaments or other articles of Chapter 95 (ex-
cluding glass eyes without mechanisms for dolls or for other articles of Chapter 95); or
(g) buttons, fitted vacuum flasks, scent or similar sprays or other articles of Chapter 96.
2. For the purposes of headings 7003, 7004 and 7005 :
(a) glass is not regarded as “worked” by reason of any process it has undergone before annealing
;
(b) cutting to shape does not affect the classification of glass in sheets ;
(c) the expression “absorbent, reflecting or non-reflecting layer” means a microscopically
thin coating of metal or of a chemical compound (for example, metal oxide) which absorbs, for
example, infra-red light or improves the reflecting qualities of the glass while still allowing it to
retain a degree of transparency or translucency; or which prevents light from being reflected on
the surface of the glass.
3. The products referred to in heading 7006 remain classified in that heading whether or not they have
the character of articles.
4. For the purposes of heading 7019, the expression “glass wool” means :
(a) mineral wools with a silica (SiO2) content not less than 60% by weight ;
(b) mineral wools with a silica (SiO2) content less than 60% but with an alkaline oxide (K2O or
Na2O) content exceeding 5% by weight or a boric oxide (B2O3) content exceeding 2% by weight .
Mineral wools which do not comply with the above specifications fall in heading 6806.
5.Throughout this Schedule, the expression “glass” includes fused quartz and other fused silica.
SUB-HEADING NOTE :
For the purposes of tariff items 7013 22 00, 7013 33 00, 7013 41 00 and 7013 91 00, the expression
“lead crystal” means only glass having a minimum lead monoxide (PbO) content by weight of 24%.
SECTION-XIII 596 CHAPTER-70
SECTION XIV
NATURAL OR CULTURED PEARLS, PRECIOUS OR SEMI-PRECIOUS STONES,
PRECIOUS METALS, METALS CLAD WITH PRECIOUS METAL, AND ARTICLES
THEREOF; IMITATION JEWELLERY; COIN
CHAPTER 71
Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with
precious metal, and articles thereof; imitation jewellery; coin
NOTES :
1. Subject to Note 1 (a) to Section VI and except as provided below, all articles consisting wholly or
partly:
(a) of natural or cultured pearls or of precious of semi-precious stones (natural, synthetic or
reconstructed); or
(b) of precious metal or of metal clad with precious metal, are to be classified in this Chapter.
2. (A) Headings 7113, 7114 and 7112.5 do not cover articles in which precious metal or metal clad with
precious metal is present as minor constituents only, such as minor fittings or minor ornamentation (for
example, monograms, ferrules and rims) and paragraph (b) of the foregoing Note does not apply to such
articles.
(B) Heading 7116 does not cover articles containing precious metal or metal clad with precious metal
(other than as minor constituents).
3. This Chapter does not cover:
(a) amalgams of precious metal, or colloidal precious metal (heading 2843);
(b) sterile surgical suture materials, dental fillings or other goods of Chapter 30;
(c) goods of Chapter 32 (for example, lusters);
(d) supported catalysts (heading 3812.5);
(e) articles of heading 4202 or 4203 referred to in Note 2 (B) to Chapter 42;
(f) articles of heading 4303 or 4304;
(g) goods of Section XI (textiles and textile articles);
(h) footwear, headgear or other articles of Chapter 64 or 65;
(ij) umbrellas, walking-sticks or other articles of Chapter 66;
(k) abrasive goods of heading 6804 or 6805 or Chapter 82, containing dust or powder of precious
or semi-precious stones (natural or synthetic); articles of Chapter 82 with a working part of precious or
semi-precious stones (natural, synthetic or reconstructed); machinery, mechanical appliances or electrical
goods, or parts thereof, of Section XVI. However, articles and parts thereof, wholly of precious or
semi-precious stones (natural, synthetic or reconstructed) remain classified in this Chapter, except
unmounted worked sapphires and diamonds for styli (heading 8522);
(l) articles of Chapter 90, 91 or 92 (scientific instruments, clocks and watches, musical instruments);
SECTION-XIV 604 CHAPTER-71
includes such articles as ornaments, table-ware, toilet-ware, smokers' requisites and other articles of household,
office or religious use.
11. For the purposes of heading 7117, the expression “imitation jewellery” means articles of jewellery
within the meaning of paragraph (a) of Note 9 above (but not including buttons or other articles of heading
9606, or dress-combs, hair-slides or the like, or hairpins, of heading 9612.5), not incorporating natural or
cultured pearls, precious or semi-precious stones (natural, synthetic or reconstructed) nor (except as plating
or as minor constituents) precious metal or metal clad with precious metal.
SUB-HEADING NOTES :
1. For the purposes of sub-headings 7106 10, 7108 11, 7110 11, 7110 21, 7110 31 and 7110 41, the
expressions “powder” and “in powder form” mean products of which 90% or more by weight passes through
a sieve having a mesh aperture of 0.5 mm.
2. Notwithstanding the provisions of Chapter Note 4(B), for the purposes of sub-headings 7110 11 and
7110 19, the expression “platinum” does not include iridium, osmium, palladium, rhodium or rutheniu
3. For the classification of alloys in the sub-headings of heading 7110, each alloy is to be classified with
that metal, platinum, palladium, rhodium, iridium, osmium or ruthenium which predominates by weight over
each other of these metals.
EXEMPTION NOTIFICATIONS
Exemption to precious stones imported by post on ‘approval or return’ basis.
[Notfn. No. 248/76-Cus., dt. 2.8.1976]
Precious stones, falling within Chapter 71 imported by post on “approval or return" basis are exempt
from the whole of the duty of customs, subject to the conditions that -
SECTION-XIV 612 CHAPTER-71
(i) the importer shall apply in writing for a grant of exemption under this notification and the
application shall be accompanied by all documents in his possession supporting his claim that
the precious stones are being imported on ‘approval or return’ basis;
(ii) the importer shall appear before the Postmaster in the post office in which the consignment
is kept on the day specified therefor by the proper officer of Customs and shall give a receipt
that he has received the consignment as a whole, that is to say, the entire lot of precious
stones sent by the exporter;
(iii) the consignment referred to in condition (ii) shall then be given to the importer for inspection
in the immediate presence of the proper officer of Customs and the postal authority
concerned in the post office itself and after the sorting of the precious stones into approved
and unapproved lots, the unapproved lots shall be packed, for being exported to the consignor,
in the immediate presence of the said officer and the authority under their supervision and
the lot shall not be removed from the custody of the Postal Department;
(iv) the importer shall forthwith pay:
(a) the duty of customs leviable on the precious stones sorted as approved by him
and take delivery thereof; and
(b) the fees, if any for services referred to in condition (iii).
Exemption to platinum falling under Heading 71.10 imported by specified agency for supply under
export promotion & Replenishment Scheme:
[Notfn. No. 146/93-Cus., dt. 28.6.1993 as amended by Notfn. Nos. 57/97, 26/17]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts
platinum falling under heading 71.10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) when
imported into India by the Minerals and Metals Trading Corporation of India Limited, the Handicraft and
Handloom Export Corporation, the State Trading Corporation, the State Bank of India and any agency
authorised by Reserve Bank of India, for supply under the, "Gold/Silver and Platinum Jewellery and articles
Export Promotion and Replenishment Scheme" Export and Import Policy, 1 April, 1997 - 31 March, 2002, read
with Chapter VIII, of the Handbook of Procedures, Volume I, 1 April, 1997 - 31 March, 2002 published by the
Government of India under Ministry of Commerce, Notfn. No. 1/97-2002, dt. 31.3.1997 as amended from
time to time from the whole of duty of customs leviable thereon, which is specified in the said First Schedule,
and from the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3 of
the said Customs Tariff Act.
(i) that at the time of import, a certficate from an officer of the participating bank not below the rank of
General Manager or equivalent thereof is produced to the effect that the said gold bars (in respect
of description, quantity and technical specification) are imported under the Gold Deposit Scheme in
exchange of scrap gold to be exported out of India; and
(ii) that an undertaking is furnished by the participating bank to the Assistant Commissioner of Customs
or Deputy Commissioner of Customs to the effect that -
(a) the said gold bars shall be used in connection with the Gold Deposit Scheme, referred to in
condition (i), in the manner authorized by the Reserve Bank of India; and
(b) the participating bank shall pay, on demand, in the event of its failure to comply with clause
(a), an amount equal to the difference between the duty leviable on such quantity of the said
gold bars but for the exemption contained herein and that already paid at the time of
importation.
(iii) that the Gold Deposit Scheme under which the exchange mentioned in condition (i) takes place shall
have to be approved by the Reserve Bank of India.
importer executes a bond in such form and for such sum as may be specifid by the Assistant Commissioner
of Customs or Deputy Commissioner of Customs, and furnishes a bank gurantee for a sum equivalent to one
and half times of the Customs duty leviable on the said goods imported, undertaking himself to export gold/
silver/platinum jewellery or articles, as the case may be, including studded articles having gold/silver/platinum
content equivalent to the imported gold/silver/platinum within 90 days from the date of import and to fulfil the
conditions of Foreign Trade Policy and the Handbook of Procedures, Volume-I and to achieve the Export
Obligation and Value Addition as stipulated in the Foreign Trade Policy and Handbook of Procedures, Volume-
1 and binding himself to pay on demand duty on the said goods along with interest at the rate of 20% per
annum on the said duty from the date of duty free importation till the date of payment of duty in case of non-
fulfilment of Value Addition or Export Obligation as stipulated in the Foreign Trade Policy or Handbook of
Procedurs, Volume-I or in case of failure to complete the export within said period of 90 days.
Explanation: for the purpose of this notification-
(a) 'Foreign Trade Policy' means Foreign Trade Policy, 2015-2020 notified by the Government of India
in the Ministry of Commerce and Industry published in the Gazette of India, Extraordinary, Part-II, Section 3,
Sub- section (ii) vide notification No. 01/2015-2020, dated the 1 st April, 2015.
(b) 'Handbook of Procedures' means Handbook of Procedures notified by the Government of
India in the Ministry of Commerce and Industry published in the Gazette of India, Extraordinary, Part-
I, Section 1 vide Public Notice No. 01/2015-2020, dated the 1st April, 2015.
(c) "Nominated Agencies" means the Metals& Minerals Trading Corporation Limited (MMTC), the
Handicraft and Handloom Export Corporation (HHEC), the State Trading Corporation (STC), the Project
and Equipment Corporation of India Ltd. (PEC) and any agency authorised by the Reserve Bank of India
(RBI);
(d) "Status holder' means importer recognised as One Star Export House, Two Star Export House,
Three Star Export House, Four Star Export House, or as the case may be, Five Star Export House, in
terms of the Foreign Trade Policy.
Exemption to silver, gold and platinum, falling under heading Nos. 71.06, 71.08 and 71.10
respectively:
[Notfn. No. 57/00-Cus., dt. 8.5.2000 as amended by Notfn. Nos. 64/02, 87/04, 84/07, 106/09, 33/15,
56/16, 26/17, 78/18, 28/19]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962,
(52 of 1962), and in supersession of the notification of the Government of India in the Ministry of Finance
(Department of Revenue), No. 144/93-Cus, dated the 28th June, 1993 [G.S.R. 480(E) datd the 28th June,
1993] except as respects things done or omitted to be done before such supersession, the Central
Government, being satisfied that it is necessary in the public interest so to do, hereby exempts silver, gold
and platinum of the description specified in column (3) of the Table below falling under headings
71.06,71.08 and 71.10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), when imported
into India under the scheme specified in column (2) of the said Table, from so much of the duty of customs
leviable thereon under the said First Schedule as specified in the corresponding entry in column (4) of the
said Table, and from the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of
section 3 of the said Customs Tariff Act:-
SECTION-XIV 615 CHAPTER-71
Table
S. No. Scheme under Foreign Trade Policy Description of goods Amount of duty
2. Under the Scheme for 'Export Against Supply by Gold, Silver, Platinum Whole of the duty of customs
Nominated Agencies' as referred to in Paragraph leviable thereon, which is
4.41 of the Foreign Trade Policy, read with relevant specified in the First Schedule
provisions of Chapter 4 of the Hand Book to the Customs Tariff Act, 1975
of Procedures. (51 of 1975)
___________________________________________________________________________________________________
Provided that in the case of import of gold/silver/platinum as replenishment under the scheme for
Export through 'Exhibitions/Export Promotion Tours/Export of Branded Jewellery', the importer undertakes to
fulfil the conditions of Foreign Trade Policy and relevant provisions of the Handbook of Procedures, Volume-
I and produces such documents as stipulated in the Foreign Trade Policy and the Handbook of Procedures,
Volume-1 and produces such proof of exports made through exhibitions/export promotion tours etc, as may
be required by the Assistant Commissioner of Customs or the Deputy Commissioner of Customs to satisfy
himself with regard to eligibility of the importer for the duty free import of replenishment material:
Provided further that in the case of import of gold / silver / platinum under the scheme for
'Export Against Supply by Nominated Agencies', the importer executes a bond in such form and for
such sum as may be specified by the Assistant Commissioner of Customs or Deputy Commissioner of
Customs, undertaking to export, either by itself or through other exporters, gold / silver / platinum
jewellery or articles, as the case may be, including studded articles having gold / silver / platinum
content equivalent to the imported gold / silver / platinum within a period of ninety days from the date
of issue of gold / silver / platinum to the exporters, and binding himself to pay on demand duty on
quantity of gold / silver / platinum representing the difference between the quantity issued and that
contained in the exported jewellery or articles.
Explanation: for the purpose of this notification-
(a) 'Foreign Trade Policy' means Foreign Trade Policy, 2015-2020 notified by the Government of India in the
Ministry of Commerce and Industry published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-
section (ii) vide notification No. 01/2015-2020, dated the 1st April, 2015.
(b) 'Handbook of Procedures' means Handbook of Procedures notified by the Government of India in the
SECTION-XIV 616 CHAPTER-71
Ministry of Commerce and Industry published in the Gazette of India, Extraordinary, Part-I, Section 1 vide
Public Notice No. 01/2015-2020, dated the 1st April, 2015.
(c) 'Nominated agencies' means,-
(1) Metals and Minerals Trading Corporation Limited (MMTC);
(2) Handicraft and Handloom Export Corporation (HHEC);
(3) State Trading Corporation (STC);
(4) Project and Equipment Corporation of India Ltd. (PEC);
(5) STCL Ltd;
(6) MSTC Ltd;
(7) Diamond India Limited (DIL);
(8) Four Star Export House from Gems & Jewellery sector and Five Star Export House from any
sector as may be recognised as nominated agencies by Regional Authority in terms of the Foreign
Trade Policy;
(9) any bank as authorised by Reserve Bank of India as Nominated Agency.
Exemption to gold and silver falling and produced out of copper anode slime, when imported into
India. :
[Notfn. No. 25/01-Cus., dt. 1.3.2001]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), read with sub-section (6) of section 3 and sub-section (1) of section 3A of the Customs Tariff Act,
1975 (51 of 1975), and in supersession of the notification of the Government of India in the Ministry of
Finance (Department of Revenue), No. 139/99-Customs, dated the 30th December, 1999, published in the
Gazette of India vide number G.S.R. 836(E), dated the 30th December, 1999, except as respects things done
or omitted to be done before such supersession, the Central Government, being satisfied that it is necessary
in the public interest so to do, hereby exempts gold and silver falling under Chapter 71 of the First Schedule
to the said Customs Tariff Act, and produced out of copper anode slime, the said copper anode slime having
been exported out of India for toll smelting or toll processing, when imported into India,-
(a) from so much of duty of customs leviable thereon which is specified in the said First Schedule,
(b) from so much of additional duty leviable thereon under sub-section (1) of section 3 of the said
Customs Tariff Act, and
(c) from so much of special additional duty leviable thereon under sub-section (1) of section 3A of the
said Customs Tariff Act,
as is in excess of the duties which would be leviable if the value of the said goods were equal to the aggregate of -
(1) the toll smelting or toll processing costs, as the case may be, that is to say, -
(i) labour charges,
(ii) cost of material (other than the cost of the goods exported out of India) used in such toll smelting
or toll processing, and
(iii) any other charges which are payable in connection with the toll smelting or toll processing abroad;and
(2) the insurance and freight charges both ways,
subject to the following conditions, namely :-
(I) the gold or silver, as the case may be, is imported within one year of the date of export of
copper anode slime out of India; and
(II) sufficient evidence is shown that the gold or silver, as the case may be, which is imported has
in fact been obtained out of toll smelting or toll processing of the copper anode slime exported
out of India.
SECTION-XIV 617 CHAPTER-71
Exemption to platinum, silver and gold imported under the scheme for export of gold jewellary
and articles.
[Notfn. No. 86 /01-Cus., dt. 7.8.2001 as amended by 26/17.]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962
(52 of 1962), and in supersession of the notification of the Government of India in the Ministry of
Finance (Department of Revenue) No. 49/97-Customs, dated 23-5-97 [GSR 272(E), dated 23-5-97],
except as respects things done or omitted to be done before such supersession, the Central Government,
being satisfied that it is necessary in the public interest so to do, hereby exempts –
(i) gold of fineness not less than 0.995,
(ii) platinum of fineness not less than 0.900,
(iii) silver of fineness not less than 0.999,
(iv) gold findings, gold mountings or gold solders upto 0.920 fineness, upto 10% of the value
of the licence within the overall value of the licence,
(v) platinum findings, platinum mountings or platinum solders upto 0.920 fineness, upto
10% of the value of the licence within the overall value of the licence,
(vi) silver findings, silver mountings or silver solders upto 0.925 fineness upto 10% of the
value of the licence within the overall value of the licence,
falling within Chapter 71 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), when
imported into India under a Replenishment Licence issued against export of plain or studded gold
jewellery or articles thereof, platinum jewellery or articles thereof or silver jewellery or articles thereof,
in terms of paragraph 8.37 of the Export and Import Policy read with paragraphs 8.82 and 8.84 of the
Handbook of Procedures, from the whole of the duty of customs leviable thereon, which is specified in
the said First Schedule and from the whole of the additional duty leviable thereon under sub-sections
(1), (3) and (5) of section 3 of the said Customs Tariff Act.
Explanation.- For the purpose of this notification.-
(a) “Export and Import Policy” means the Export and Import Policy, 1997-2002, notified by
Government of India in the Ministry of Commerce and Industry vide notification No.1 (RE-00)/1997-
2002, dated the 31st March, 2001, as amended from time to time;
(b) “Handbook of Procedures” means the Handbook of Procedures, Vol-I, published vide Public
Notice of the Government of India in the Ministry of Commerce and Industry, No.1(RE-2001)/1997-
2002, dated the 31st March, 2001, as amended from time to time.
Exemption to raw pearls, natural or cultured, rough diamonds and other precious or semi-
precious stones:
[Notfn. No. 60/02-Cus., dt. 7.6.2002 as amended by 87/04, 106/09, 33/15, 26/17]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act,
1962 (52 of 1962), and in supersession of the notification of the Government of India in the Ministry of
Finance (Department of Revenue), No.35/2001-Cus, dated 30-3-2001 [G.S.R. 231(E), dated the 30th
March, 2001], the Central Government, being satisfied that it is necessary in the public interest so to do,
hereby exempts raw pearls, natural or cultured, and precious or semi-precious stones( other than rough
diamonds), unset and uncut, falling under Chapter 71 of the First Schedule to the Customs Tariff Act,
SECTION-XIV 618 CHAPTER-71
1975 (51 of 1975), when imported into India, from the whole of the duty of Customs leviable thereon
under the said First Schedule and the additional duty, if any, leviable thereon under sub-sections (1), (3)
and (5) of section 3 of the said Customs Tariff Act, subject to the condition that imports are made under
a,-
(i) Replenishment Licence issued under, and in accordance with, paragraph 4.4.1 of the
Foreign Trade Policy; or
(ii) Replenishment Authorisation for Gems issued under, and in accordance with, paragraph
4.35 of the Foreign Trade Policy; or
Explanation.- For the purpose of this notification, 'Foreign Trade Policy' means Foreign Trade Policy, 2015 -
2020 notified by the Government of India in the Ministry of Commerce and Industry published in the Gazette
of India, Extraordinary, Part-II, Section 3, Sub- section (ii) vide notification No. 01/2015-2020, dated the 1 st
April, 2015.
Effective rate of duty on gold and silver imported other than through post, courier or
baggage: [Notfn. No. 2/12-Cus., dt. 16.1.2012]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962
(52 of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do,
and in supersession of the notification of the Government of India in the Ministry of Finance (Department
of Revenue) No.62/2004-Customs, dated the 12th May, 2004, published in the Gazette of India,
Extraordinary vide, G.S.R. No.311(E), dated the 12th May, 2004, except as respects things done or
omitted to be done before such supersession, the Central Government, being satisfied that it is necessary
in the public interest so to do, hereby exempts goods of the description specified in column (2) of the
Table hereto annexed and falling within Chapter 71 of the First Schedule to the Customs Tariff Act,
1975 (51 of 1975), when imported into India, other than through post, courier or baggage, from so much
of the duty of customs leviable thereon which is specified in the said First Schedule as is in excess of
the amount calculated at the rate specified in the corresponding entry in column (3) of the said Table
and from the whole of the additional duty of customs leviable thereon under section 3 of the said
Customs Tariff Act.
Table
S.No. Description of goods Rate
(1) (2) (3)
1. Gold bars, other than tola bars, bearing manufacturer’s or refiner’s engraved 2%
serial number and weight expressed in metric units, and gold coins having
gold content not below 99.5%.
2. Gold in any form (other than those specified against S. No.1 in this column) 5%
including liquid gold and tola bars.
3. Silver in any form including silver coins having silver content not below 99.9%. 6%
(2) For the purposes of this notification,-
(i) “Gold in any form” shall include medallions and coinshaving gold content not below 99.5% but
shall not include foreign currency coins and jewellery made of gold ;
(ii) “Silver in any form” shall include medallions and coinshaving silver content not below 99.9%
SECTION-XIV 619 CHAPTER-71
but shall not include foreign currency coins and jewellery made of silver.
(3) This notification shall come into force on the 17thday of January, 2012.
2. Notwithstanding anything contained herein above, the exemption contained in this notification shall
also be applicable, if the exportation and re-importation of cut and polished diamonds as stated above are
undertaken by the authorised offices or agencies in India of the laboratories mentioned under paragraph 4.74
of Handbook of Procedures 2015-2020 on behalf of the exporters subject to the fulfillment of conditions
(ii),(iii),(iv) and(v) specified herein above and in the Foreign Trade Policy and Handbook of Procedures.
Explanation. - For the purposes of this notification, "Foreign Trade Policy" means the Foreign Trade
Policy, 2015-2020, published by the Government of India in the Ministry of Commerce and Industry, vide
notification No. 01/2015-2020, dated the 1st April, 2015, as amended from time to time.
should be increased and that circumstances exist which render it necessary to take immediate action;
NOW, therefore, in exercise of the powers conferred by sub-section (1) of section 8A of the said
Customs Tariff Act, the Central Government, hereby directs that the First Schedule to the said Customs
Tariff Act shall be amended in the following manner, namely:-
In the First Schedule to the said Customs Tariff Act, in Section XIV, in Chapter 71, against tariff
items 7113 11 10, 7113 11 20, 7113 11 30, 7113 11 90, 7113 19 10, 7113 19 20, 7113 19 30, 7113 19 40, 7113 19
50, 7113 19 60, 7113 19 90, 7113 20 00, 7114 11 10, 7114 11 20, 7114 19 10, 7114 19 20, 7114 19 30, 7114 20 10,
7114 20 20 and 7114 20 30, for the entry in column (4), the entry "15%" shall be substituted.
2. This notification shall come into force on the 17th day of September, 2013.
(i) the said laboratories and agencies shall furnish a general bond to the satisfaction of the Assistant
Commissioner/Deputy Commissioner of Customs at the port of import, undertaking to properly
account for the diamonds, to follow the procedure specified in paragraph 4.75 of the Handbook of
Procedures and to re-export diamonds within the period as mentioned in the said paragraph of
Handbook of Procedures;
(ii) the import shall be allowed under bill of entry having the detailed description of the diamonds,
including inter alia, the dimensions, weight, colour, caratage, specification, approximate value, etc. of
each piece of diamonds;
(iii) the bill of entry should carry the endorsement "only for certification and grading";
(iv) the said laboratories and agencies while taking the diamonds in their unit, shall allot a 'unique control
number' for identification purposes and maintain a separate account for such diamonds;
(v) after grading or certification, the diamonds shall be re-exported under a shipping bill containing the
detailed description as was mentioned at the time of their import;
(vi) cross reference of bill of entry shall be endorsed in the shipping bill;
(vii) the said laboratories and agencies shall submit alongwith the shipping bill, a certificate to the effect
SECTION-XIV 621 CHAPTER-71
that the diamonds being re-exported are the same as those imported;
(viii) the said laboratories and agencies shall obtain Guaranteed Remittance (GR) waiver in respect of
import and re-export as per the procedure laid down by the Reserve Bank of India (RBI) and realise
the foreign exchange for the service charges in terms of the Reserve Bank of India (RBI) guidelines;
(ix) the Custom Officers may visit the premises of the said laboratories and agencies for audit or checks;
(x) the diamonds imported for certification or grading shall be re-exported within a period of three
months from the date of their import;
(xi) the said laboratories and agencies shall submit a quarterly statement by 25th of the month following
the particular quarter and the statement shall reflect the bill of entry number, date, details of dia
monds and details of re-export, etc.; and
(xii) re-export shall be allowed only from the port through which import took place.
Explanation. - For the purposes of this notification, -
(a) "Foreign Trade Policy" means the Foreign Trade Policy, 2015 - 2020 notified by the Government of
India in the Ministry of Commerce and Industry, published in the Gazette of India, Extraordinary, Part-II,
Section 3, Sub-section (ii) vide notification No. 01/2015-2020, dated the 1st April, 2015;
(b) "Handbook of Procedures" means the Handbook of Procedures notified by the Government of India
in the Ministry of Commerce and Industry, published in the Gazette of India, Extraordinary, Part-I, Section 1
vide Public Notice No. 01/2015-2020, dated the 1st April, 2015.
accordingly, the enabling notification no.9/2012-Cus, dated the 9th March, 2012 also did not extend this
benefit to these authorised agencies/offices in India of laboratories mentioned in Foreign Trade Policy.
Now, therefore, in exercise of the powers conferred by section 28A of the Customs Act, 1962 (52 of
1962), the Central Government, hereby, directs that the whole of duty of Customs and additional duty of
Customs, if any, payable on the import of such cut and polished diamonds during the period from the 9th
March, 2012 to 1st March, 2017 by the authorized agencies/ offices in India of laboratories mentioned under
para 4.74 of the Hand Book of Procedure, but for the said practice, shall not be required to be paid in respect
of import of such cut and polished diamonds.
SECTION-XV 623 CHAPTER-72
SECTION XV
BASE METALS AND ARTICLES OF BASE METAL
NOTES :
1. This Section does not cover :
(a) prepared paints, inks or other products with a basis of metallic flakes or powder (headings 3207
to 3210, 3212, 3213 or 3215);
(b) ferro-cerium or other pyrophoric alloys (heading 3606);
(c) headgear or parts thereof of heading 6506 or 6507;
(d) umbrella frames or other articles of heading 6603;
(e) goods of Chapter 71 (for example, precious metal alloys, base metal clad with precious metal,
imitation jewellery);
(f) articles of Section XVI (machinery, mechanical appliances and electrical goods);
(g) assembled railway or tramway track (heading 8608) or other articles of Section XVII (vehicles,
ships and boats, aircraft);
(h) instruments or apparatus of Section XVIII, including clock or watch springs;
(ij) lead shot prepared for ammunition (heading 9306) or other articles of Section XIX (arms and
ammunition);
(k) articles of Chapter 94 (for example, furniture, mattress supports, lamps and lighting fittings,
illuminated signs, prefabricated buildings);
(l) articles of Chapter 95 (for example, toys, games, sports requisites);
(m) hand sieves, buttons, pens, pencil-holders, pen nibs, monopods, bipods, tripods and similar articles or
other articles of Chapter 96 (miscellaneous manufactured articles); or"
(n) articles of Chapter 97 (for example, works of art).
(b) an alloy composed of base metals of this Section and of elements not falling within this Section
is to be treated as an alloy of base metals of this Section if the total weight of such metals equals or
exceeds the total weight of the other elements present;
(c) in this Section, the term “alloys” includes sintered mixtures of metal powders, heterogeneous
intimate mixtures obtained by melting (other than cermets) and intermetallic compounds.
6. Unless the context otherwise requires, any reference in this Schedule to a base metal includes a reference
to alloys which, by virtue of Note 5 above, are to be classified as alloys of that metal.
7. Classification of composite articles :
Except where the headings otherwise require, articles of base metal (including articles of mixed materials
treated as articles of base metal under the Interpretive Rules) containing two or more base metals are
to be treated as articles of the base metal predominating by weight over each of the other metals.
For this purpose:
(a) iron and steel, or different kinds of iron or steel, are regarded as one and the same metal;
(b) an alloy is regarded as being entirely composed of that metal as an alloy of which, by virtue of
Note 5, it is classified; and
(c) a cermet of heading 8113 is regarded as a single base metal.
8. In this Section, the following expressions have the meanings hereby assigned to them :
(a) waste and scrap:
metal waste and scrap from the manufacture or mechanical working of metals, and metal goods definitely
not usable as such because of breakage, cutting-up, wear or other reasons.
(b) Powders:
products of which 90% or more by weight passes through a sieve having a mesh aperture of 1 mm.
CHAPTER 72
Iron and steel
NOTES :
1. In this Chapter and, in the case of Notes (d), (e) and (f) throughout this Schedule, the following
expressions have the meanings hereby assigned to them:
(a) Pig Iron:
Iron-carbon alloys not usefully malleable, containing more than 2% by weight of carbon and
which may contain by weight one or more other elements within the following limits:
- not more than 10% of chromium
- not more than 6% of manganese
- not more than 3% of phosphorus
- not more than 8% of silicon
- a total of not more than 10% of other elements.
(b) Spiegeleisen:
Iron-carbon alloys containing by weight more than 6% but not more than 30% of manganese
and otherwise conforming to the specification at (a) above.
(c) Ferro-alloys:
SECTION-XV 625 CHAPTER-72
Alloys in pigs, blocks, lumps or similar primary forms, in forms obtained by continuous casting
and also in granular or powder forms, whether or not agglomerated, commonly used as an
additive in the manufacture of other alloys or as de-oxidants, de-sulphurising agents or for
similar uses in ferrous metallurgy and generally not usefully malleable, containing by weight
4% or more of the element iron and one or more of the following:
- more than 10% of chromium
- more than 30% of manganese
- more than 3% of phosphorus
- more than 8% of silicon
- a total of more than 10% of other elements, excluding carbon,
subject to a maximum content of 10% in the case of copper.
(d) Steel :
Ferrous materials other than those of heading 7203 which (with the exception of certain
types produced in the form of castings) are usefully malleable and which contain by weight
2% or less of carbon. However, chromium steels may contain higher proportions of carbon.
(e) Stainless steel:
Alloy steels containing, by weight, 1.2% or less of carbon and 10.5% or more of chromium,
with or without other elements.
(f) Other alloy steel :
Steels not complying with the definition of stainless steel and containing by weight one or
more of the following elements in the proportion shown:
- 0.3% or more of aluminum
- 0.0008% or more of boron
- 0.3% or more of chromium
- 0.3% or more of cobalt
- 0.4% or more of copper
- 0.4% or more of lead
- 1.65% or more of manganese
- 0.08% or more of molybdenum
- 0.3% or more of nickel
- 0.06% or more of niobium
- 0.6% or more of silicon
- 0.05% or more of titanium
- 0.3% or more of tungsten (wolfram)
- 0.1% or more of vanadium
- 0.05% or more of zirconium
- 0.1% or more of other elements (except sulphur, phosphorus, carbon and nitrogen), taken separately.
(g) Remelting scrap ingots of iron and steel:
Products roughly cast in the form of ingots without feeder-heads or hot tops, or of pigs,
having obvious surface faults and not complying with the chemical composition of pig iron,
spiegeleisen or ferro-alloys.
(h) Granules:
Products of which less than 90% by weight passes through a sieve with a mesh aperture of
1 mm and of which 90% or more by weight passes through a sieve with a mesh aperture of
SECTION-XV 626 CHAPTER-72
5 mm.
(ij) Semi-finished products:
Continuous cast products of solid section, whether or not subjected to primary hot-rolling;
and other products of solid sections, which have not been further worked than subjected to
primary hot-rolling or roughly shaped by forging, including blanks for angles, shapes or sections.
These products are not presented in coils.
(k) Flat-rolled products :
Rolled products of solid rectangular (other than square) cross-section, which do not conform
to the definition at (ij) above in the form of:
- coils of successively superimposed layers, or
- straight lengths, which if of a thickness less than 4.75 mm, are of width measuring
at least ten times the thickness or if of a thickness of 4.75 mm or more are of a width
which exceeds 150 mm and measures at least twice the thickness.
Flat-rolled products include those with patterns in relief derived directly from rolling (for
example, grooves, ribs, chequers, tears, buttons and lozenges) and those, which have been
perforated, corrugated or polished, provided that they do not thereby assume the character
of articles or products of other headings.
Flat-rolled products of a shape other than rectangular or square, of any size, are to be
classified as products of a width of 600 mm or more, provided that they do not assume the
character of articles or products of other headings.
(l) Bars and rods, hot-rolled, in irregularly wound coils:
Hot-rolled products in irregularly wound coils, which have a solid cross-section in the shape
of circles, segments of circles, ovals, rectangles (including squares), triangles, or other convex
polygons (including “flattened circles” and “modified rectangles”, of which two opposite
sides are convex arcs, the other two sides being straight, of equal length and parallel). These
products may have indentations, ribs, grooves or other deformations produced during the
rolling process (reinforcing bars and rods).
(m) Other bars and rods:
Products which do not conform to any of the definitions at (ij), (k) or (l) above or to the definition
of wire, which have a uniform solid cross- section along their whole length in the shape of circles,
segments of circles, ovals, rectangles (including squares), triangles or other convex polygons
(including “flattened circles” and “modified rectangles”, of which two opposite sides are convex
arcs, the other two sides being straight, of equal length and parallel). The products may:
- have indentations, ribs, grooves or other deformations produced during the rolling
process (reinforcing bars and rods);
- be twisted after rolling.
(n) Angles, shapes and sections:
Products having a uniform solid cross-section along their whole length which do not conform
to any of the definitions at (ij), (k), (l) or (m) above or to the definition of wire.
Chapter 72 does not include products of heading 7301 or 7302.
(o) Wire:
SECTION-XV 627 CHAPTER-72
Cold-formed products in coils, of any uniform solid cross-section along their whole length,
which do not conform to the definition of flat-rolled products.
(p) Hollow drill bars and rods:
Hollow bars and rods of any cross-section, suitable for drills, of which the greatest external
dimension of the cross-section exceeds 15 mm but does not exceed 52 mm, and of which the
greatest internal dimension does not exceed one half of the greatest external dimension.
Hollow bars and rods of iron or steel not conforming to this definition are to be classified in
heading 7304.
2. Ferrous metals clad with another ferrous metal are to be classified as products of the ferrous metal
predominating by weight.
3. Iron or steel products obtained by electrolytic deposition, by pressure casting or by sintering are to be
classified, according to their form, their composition and their appearance, in the headings of this Chapter
appropriate to similar hot-rolled products.
SUB-HEADING NOTES :
1. In this Chapter, the following expressions have the meanings hereby assigned to them:
(a) Alloy pig iron:
Pig iron containing, by weight, one or more of the following elements in the specified proportions:
- more than 0.2% of chromium
- more than 0.3% of copper
- more than 0.3% of nickel
- more than 0.1% of any of the following elements:
aluminium, molybdenum, titanium, tungsten (wolfram), vanadium.
(b) Non-alloy free-cutting steel:
Non-alloy steel containing, by weight, one or more of the following elements in the specified
proportions:
- 0.08% or more of sulphur
- 0.1% or more of lead
- more than 0.05% of selenium
- more than 0.01% of tellurium
- more than 0.05% of bismuth.
(c) Silicon-electrical steel:
Alloy steels containing, by weight, at least 0.6% but not more than 6% of silicon and not
more than 0.08% of carbon. They may also contain by weight not more than 1% of aluminium
but no other element in a proportion that would give the steel the characteristics of another
alloy steel.
(d) High speed steel:
Alloy steels containing, with or without other elements, at least two of the three elements
molybdenum, tungsten and vanadium with a combined content by weight of 7% or more,
0.6% or more of carbon and 3 to 6% of chromium.
(e) Silico-manganese steel:
Alloy steels containing by weight:
- not more than 0.7% of carbon
SECTION-XV 628 CHAPTER-72
Exemption to inputs required for the manufacture of iron and steel intermediates when imported
into India.
[Notfn. No. 10/95-Cus. dt. 7.3.1995 as amended by Notfn. Nos. 101/95-Cus. dt. 26.5.1995, 143/95-
Cus. dt. 19.5.1995, 157/95-Cus. dt. 9.11.1995, 23/96-Cus. dt. 15.6.1996]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962, the Central
SECTION-XV 648 CHAPTER-72
Safeguard duty on Hot Rolled Flat Products of non-alloy and other alloy Steel in coils of a
width of 600 mm or more:
Notifn. No. 2/2015-Customs (SG), dt. 14.9.2015.
Whereas, in the matter of import of "Hot-rolled flat products of non-alloy and other alloy Steel in coils
of a width of 600 mm or more” (hereinafter referred to as the subject goods), falling under heading 7208 or
tariff item 7225 30 90 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred
to as the Customs Tariff Act), the Director General (Safeguard), in his preliminary findings, published vide
number G.S.R. 690 (E), dated the 9th September, 2015, in the Gazette of India, Extraordinary, Part II, Section
3, Subsection (i), dated the 9th September, 2015, has come to the conclusion that increased imports of subject
goods into India has caused and threatened to cause serious injury to the domestic industry/producers of
subject goods, and any delay in application for provisional Safeguard duty would cause damage which would
be difficult to repair, necessitating the imposition of provisional safeguard duty on imports of subject goods
into India, and accordingly has recommended the imposition of provisional safeguard duty on imports of the
subject goods into India;
Now, therefore, in exercise of the powers conferred by sub-section (2) of section 8B of the said
Customs Tariff Act, read with rules 10 and 14 of the Customs Tariff (Identification and Assessment of
Safeguard Duty) Rules, 1997, the Central Government after considering the said findings of the Director
General (Safeguards), hereby imposes on subject goods falling under heading 7208 or tariff item 7225 30 90
of the First Schedule to the Customs Tariff Act, when imported into India, a provisional safeguard duty at the
rate of twenty per cent. ad valorem.
2. The safeguard duty imposed under this notification shall be effective for a period of two hundred
days (unless revoked, superseded or amended earlier) from the date of publication of this notification in the
Official Gazette.
Explanation: The following are not included in the scope of subject goods:
a) Hot-rolled flat products of steel with nominal width less than 600mm;
b) API grade steel;
c) Silicon electrical steel;
d) Hot-rolled flat products of steel of spring steel quality;“e) Hot-rolled flat products of steel which are
electrolytically plated or coated with zinc;
f) Hot-rolled flat products of steel otherwise plated or coated with zinc; and
g) Hot-rolled flat products of stainless steel.
SECTION-XV 651 CHAPTER-72
Safeguard duty on Hot Rolled Flat Products of non-alloy and other alloy Steel in coils of a
width of 600 mm or more:
Notifn. No. 1/2016-Customs (SG), dt. 29.3.2016.
Whereas, in the matter of import of "Hot-rolled flat products of non-alloy and other alloy Steel in coils
of a width of 600 mm or more" (hereinafter referred to as the subject goods), falling under heading 7208 or
tariff item 7225 30 90 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred
to as the Customs Tariff Act), the Director General (Safeguard), in his preliminary findings, published vide
number G.S.R. 690 (E), dated the 9th September, 2015, in the Gazette of India, Extraordinary, Part II, Section
3, Subsection (i), dated the 9th September, 2015, had come to the conclusion that increased imports of subject
goods into India has caused and threatened to cause serious injury to the domestic industry and producers of
subject goods, thereby necessitating the imposition of provisional safeguard duty on imports of the subject
goods into India;
And whereas, on the basis of the aforesaid findings of the Director General (Safeguard), the Central Govern-
ment has imposed provisional safeguard duty on import of the subject goods into India for a period of two
hundred days with effect from the 14th day of September, 2015 vide notification of the Government of India
in the Ministry of Finance (Department of Revenue), No. 2/2015-Customs (SG), dated the 14th September,
2015 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number GSR 694
(E), dated the 14th September, 2015;
And whereas, in the final findings vide number G.S.R. 308(E), dated the 15th March, 2016, published in the
Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), the Director General (Safeguard) has
recommended the imposition of safeguard duty on subject goods falling under heading 7208 or tariff item
7225 30 90 of the First Schedule to the Customs Tariff Act for a period of two years and six months from the
date of levy of provisional safeguard duty;
Now, Therefore, in exercise of the powers conferred by sub-section (1) of section 8B of the Customs Tariff
Act, read with rules 12, 14 and 17 of the Customs Tariff (Identification and Assessment of Safeguard Duty)
Rules, 1997 and in supersession of the notification of the Government of India in the Ministry of Finance
(Department of Revenue), No. 2/2015- Customs(SG), dated the14th September, 2015 published in the Ga-
zette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number GSR 694 (E), dated the 14th
September, 2015, the Central Government, after considering the said findings of the Director General (Safe-
guards) and subject to the provisions of paragraph 2, hereby imposes on subject goods falling under heading
7208 or tariff item 7225 30 90 of the First Schedule to the Customs Tariff Act, when imported into India, a
safeguard duty at the following rate, namely:-
(a) twenty per cent ad valorem minus anti-dumping duty payable, if any, when imported during
the period from 14th September, 2015 to 13th September, 2016 (both days inclusive);
(b) eighteen per cent ad valorem minus anti-dumping duty payable, if any, when imported during
the period from 14th September, 2016 to 13th March, 2017 (both days inclusive);
(c) fifteen per cent ad valorem minus anti-dumping duty payable, if any, when imported during
the period from 14th March, 2017 to 13th September, 2017 (both days inclusive); and
(d) ten per cent ad valorem minus anti-dumping duty payable, if any, when imported during the
period from 14th September, 2017 to 13th March, 2018 (both days inclusive).
2. The safeguard duty shall not be imposed on the subject goods which are imported at or above the
Minimum Import Price in terms of the notification of the Government of India in the Ministry of Commerce
and Industry (Department of Commerce) (Directorate General of Foreign Trade) No. 38/2015-2020, dated
the 5th February, 2016 published in the Gazette of India (Extraordinary), Part II, Section 3, Sub-section (ii)
vide S.O. 391(E) dated the 5th February, 2016.
3. Nothing contained in this notification shall apply to imports of subject goods from countries notified as
SECTION-XV 652 CHAPTER-72
developing countries under clause (a) of sub-section (6) of section 8B of the Customs Tariff Act, other than
People's Republic of China and Ukraine.
Explanation: The following are not included in the scope of subject goods:
a) Hot-rolled flat products of steel with nominal width less than 600mm;
b) API grade steel;
c) Silicon electrical steel;
d) Hot-rolled flat products of steel of spring steel quality;
e) Hot-rolled flat products of steel which are electrolytically plated or coated with zinc;
f) Hot-rolled flat products of steel otherwise plated or coated with zinc; and
g) Hot-rolled flat products of stainless steel.
SECTION-XV 653 CHAPTER-73
CHAPTER 73
Articles of iron or steel
NOTES :
1. In this Chapter, the expression “cast iron” applies to products obtained by casting in which iron
predominates by weight over each of the other elements and which do not comply with the chemical composition
of steel as defined in Note 1(d) to Chapter 72.
2. In this Chapter, the word “wire” means hot or cold-formed products of any cross-sectional shape,
of which no cross-sectional dimension exceeds 16 mm.
Table
S.No. Name of article Name of material
(1) (2) (3)
1. Omitted.
2. Stainless steel manufactures for household use. Stainless Steel.
Whereas, in the matter of import of Tubes, Pipes and Hollow Profiles, Seamless of iron, alloy or non-
alloy steel (other than cast iron and stainless steel) whether hot finished or cold drawn or cold rolled, of
external diameter not exceeding 273.1 mm (Outer Diameter) with the tolerance as specified under relevant
standards (hereinafter referred to as Seamless Pipes and Tubes ), falling under tariff items 73041910, 73041920,
73041990, 73042310, 73042390, 73042910, 73042990, 73043111, 73043119, 73043121, 73043129, 73043131,
73043139, 73043911, 73043919, 73043921, 73043929, 73043931, 73043939, 73045110, 73045120, 73045130,
73045910, 73045920, 73045930 and 73049000 of the First Schedule to the Customs Tariff Act, 1975 (51 of
1975) (hereinafter referred to as the Customs Tariff Act), the Director General (Safeguard), in his final
findings, published vide number G.S.R. 180 (E), dated the 11 th March, 2014, in the Gazette of India, Extraor-
dinary, Part II, Section 3, Sub-section (i), dated the 11 th March, 2014, has come to the conclusion that
increased imports of Seamless Pipes and Tubes into India has caused serious injury to the domestic produc-
ers of Seamless Pipes and Tubes , necessitating the imposition of safeguard duty on imports of Seamless
Pipes and Tubes into India, and accordingly has recommended the imposition of safeguard duty on imports of
the Seamless Pipes and Tubes into India.
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 8B of the Customs
Tariff Act, read with rules 12, 14 and 17 of the Customs Tariff (Identification and Assessment of Safeguard
Duty) Rules, 1997, the Central Government after considering the said findings of the Director General (Safe-
guard), hereby imposes on Seamless Pipes and Tubes falling under aforesaid tariff items to the Customs
Tariff Act, when imported into India, a safeguard duty at the following rate, namely:-
(a) twenty per cent. ad valorem when imported during the period from 13th August, 2014 to 12th August,
2015 (both days inclusive);
(b) ten per cent. ad valorem when imported during the period from 13th August, 2015 to 12th August,
2016 (both days inclusive); and
SECTION-XV 667 CHAPTER-73
(c) five per cent. ad valorem when imported during the period from 13th August, 2016 to 12th February,
2017.
2. Nothing contained in this notification shall apply to imports of Seamless Pipes and Tubes from coun-
tries notified as developing countries under clause (a) of sub-section (6) of section 8B of the Customs Tariff
Act, other than the People's Republic of China .
Note: For the purpose of this notification, Seamless Pipes and Tubes does not include-
(i) Seamless alloy-steel pipes, tubes and hollow profiles of specification ASTM A213/ASME
SA 213 and ASTM A335 /ASME SA 335 or equivalent BIS/DIN/BS/EN or any other equiva-
lent specifications;
(ii) Non API and Patented Premium Joints/Premium Connections/Premium Threaded Tubes
and Pipes of grades Q-125, 13CR, L-80, P110, C-90, C-95, T-90 and T-95;
(iii) All 13 Chromium (13CR) Grades Tubes and Pipes not included in item (ii) above; and
(iv) Drill Collars.
Countervailing duty on Welded Stainless Steel Pipes and Tubes originating in or exported from
specified countries
[Notfn. No. 04/2019-Cus.(CVD), dated 17.09.2019]
Whereas, in the matter of "Welded Stainless Steel Pipes and Tubes" (hereinafter referred to as the subject
goods) falling under tariff items 7306 40 00, 7306 61 00, 7306 69 00, 7306 11 00 and 7306 21 00 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975), (hereinafter referred to as the Customs Tariff Act),
originating in or exported from, China PR and Vietnam (hereinafter referred to as the subject countries), and
imported into India, the Designated Authority in its final findings, published in the Gazette of India, Extraordi-
nary, Part I, Section 1, vide notification No. 6/22/2018-DGAD dated the 31st July, 2019 has come to the
conclusion that-
(i) the subject goods have been exported to India from subject countries at subsidized value, thus
resulting in subsidization of the product;
(ii) the domestic industry has suffered material injury due to subsidization of the subject goods;
(iii) the material injury has been caused by the subsidized imports of the subject goods originating in
or exported from the subject countries;
and has recommended the imposition of definitive countervailing duty on imports of the subject goods origi-
nating in, or exported, from the subject countries.
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (6) of section 9 of the Customs
Tariff Act, read with rules 20 and 22 of the Customs Tariff (Identification, Assessment and Collection of
Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995, the Central Govern-
ment, after considering the aforesaid final findings of the designated authority, hereby imposes on the subject
goods, the description of which is specified in column (3) of the Table below, falling under tariff item of the
First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2), originating in
the countries as specified in the corresponding entry in column (4), exported from the countries as specified
SECTION-XV 668 CHAPTER-73
in the corresponding entry in column (5), produced by the producers as specified in the corresponding entry
in column (6), and imported into India, countervailing duty calculated at the rate mentioned in column (7) of
the said Table, namely:-
Table
S. Tariff Description Country Country Producer Duty
No. Item of Goods of Origin of Export amount
as a % of
CIF value
CHAPTER 74
Copper and articles thereof
NOTE :
In this Chapter, the following expressions have the meanings hereby assigned to them:
(a) Refined copper
Metal containing at least 99.85 per cent. by weight of copper; or
Metal containing at least 97.5 per cent. by weight of copper, provided that the content by
weight of any other element does not exceed the limit specified in the following Table :
TABLE – OTHER ELEMENTS
(i) the content by weight of at least one of the other elements is greater than the limit specified
in the foregoing table; or
(ii) the total content by weight of such other elements exceeds 2.5 per cent.
( c ) Master alloys
Alloys containing with other elements more than 10 per cent by weight, of copper not use-
fully malleable and commonly used as an additive in the manufacture of other alloys or as
deoxidants, de-sulphuring agents or for similar uses in the metallurgy of non-ferrous metals.
SECTION-XV 671 CHAPTER-74
However, copper phosphide (phosphor copper) containing more than 15% by weight of phos-
phorous falls in heading 2853.
Headings 7409 and 7410 apply, inter alia, to plates, sheets, strip and foil with patterns (for
example, grooves, ribs, chequers, tears, buttons, lozenges) and to such products which have
been perforated, corrugated, polished or coated, provided that they do not thereby assume the
character of articles or products of other headings.
(h) Tubes and Pipes
Hollow products, coiled or not, which have a uniform cross-section with only one enclosed
void along their whole length in the shape of circles, ovals, rectangles (including squares),
equilateral triangles or regular convex polygons, and which have a uniform wall thickness.
Products with a rectangular (including square), equilateral triangular or regular convex polygonal
cross-section, which may have corners rounded along their whole length, are also to be taken to
be tubes and pipes provided the inner and outer cross-sections are concentric and have the same
form and orientation. Tubes and pipes of the foregoing cross-sections may be polished, coated,
bent, threaded, drilled, waisted, expanded, cone-shaped or fitted with flanges, collars or rings.
SUB-HEADING NOTE :
In this Chapter the following expressions have the meanings hereby assigned to them:
(a) Copper-zinc base alloys (brasses)
Alloys of copper and zinc, with or without other elements. When other elements
are present:
(i) zinc predominates by weight over each of such other elements;
(ii) any nickel content by weight is less than 5%. [see copper-nickel-zinc alloys (nickel silvers)];
and
(iii) any tin content by weight is less than 3%. [see copper-tin alloys (bronzes)].
(b) Copper-tin base alloys (bronzes)
Alloys of copper and tin, with or without other elements. When other elements are present,
tin predominates by weight over each of such other elements, except that when the tin content is
3% or more the zinc content by weight may exceed that of tin but must be less than 10%.
(c) Copper-nickel-zinc base alloys (nickel silvers)
Alloys of copper, nickel and zinc, with or without other elements. The nickel content is 5%
or more by weight [see copper-zinc alloys (brasses)].
(d) Copper-nickel base alloys
Alloys of copper and nickel, with or without other elements but in any case containing by
weight not more than 1% of zinc. When other elements are present, nickel predominates by
weight over each of such other elements.
EXEMPTION NOTIFICATIONS
(I) the copper cathodes, wire bars or wire rods, as the case may be, are imported within one
year of the date of export of copper reverts out of India; and
(II) sufficient evidence is shown that the copper cathodes, wire bars or wire rods, as the case
may be, which are imported, have in fact been obtained out of toll smelting or toll processing of the copper
reverts exported out of India.
SECTION-XV 680 CHAPTER-75
CHAPTER 75
Nickel and articles thereof
NOTE :
In this Chapter, the following expressions have the meanings hereby assigned to them:
(a) Bars and rods
Rolled, extruded, drawn or forged products, not in coils, which have a uniform solid cross-
section along their whole length in the shape of circles, ovals, rectangles (including squares),
equilateral triangles or regular convex polygons (including “flattened circles” and “modified
rectangles”, of which two opposite sides are convex arcs, the other two sides being straight, of
equal length and parallel). Products with a rectangular (including square), triangular or polygonal
cross-section may have corners rounded along their whole length. The thickness of such products,
which have a rectangular (including “modified rectangular”) cross-section exceeds one-tenth of
the width. The expression also covers cast or sintered products, of the same forms and dimensions,
which have been subsequently worked after production (otherwise than by simple trimming or
de-scaling), provided that they have not thereby assumed the character of articles or products of
other headings.
(b) Profiles
Rolled, extruded, drawn, forged or formed products, coiled or not, of a uniform cross-section
along their whole length, which do not conform to any of the definitions of bars, rods, wire, plates,
sheets, strip, foil, tubes or pipes. The expression also covers cast or sintered products, of the same
forms, which have been subsequently worked after production (otherwise than by simple trimming
or de-scaling), provided that they have not thereby assumed the character of articles or products of
other headings.
(c) Wire
Rolled, extruded or drawn products, in coils, which have a uniform solid cross-section along
their whole length in the shape of circles, ovals, rectangles (including squares), equilateral triangles
or regular convex polygons (including “flattened circles” and “modified rectangles”, of which two
opposite sides are convex arcs, the other two sides being straight, of equal length and parallel).
Products with a rectangular (including square), triangular or polygonal cross-section may have
corners rounded along their whole length. The thickness of such products which have a rectangular
(including “modified rectangular”) cross-section exceeds one-tenth of the width.
(d) Plates, sheets, strip and foil
Flat-surfaced products (other than the unwrought products of heading 7502), coiled or not,
of solid rectangular (other than square) cross-section with or without rounded corners (including
“modified rectangles” of which two opposite sides are convex arcs, the other two sides being
straight, of equal length and parallel) of a uniform thickness, which are:
(i) of rectangular (including square) shape with a thickness not exceeding one-tenth of
the width;
(ii) of a shape other than rectangular or square, of any size, provided that they do not
assume the character of articles or products of other headings.
Heading 7506 applies, inter alia, to plates, sheets, strip and foil with patterns (for example,
grooves, ribs, chequers, tears, buttons, lozenges) and to such products which have been perforated,
corrugated, polished or coated, provided that they do not thereby assume the character of articles
or products of other headings.
SECTION-XV 681 CHAPTER-75
CHAPTER 76
Aluminium and articles thereof
NOTE :
In this Chapter, the following expressions have the meanings hereby assigned to
them:
(a) Bars and rods
Rolled, extruded, drawn or forged products, not in coils, which have a uniform solid cross-
section along their whole length in the shape of circles, ovals, rectangles (including squares),
equilateral triangles or regular convex polygons (including “flattened circles” and “modified
rectangles”, of which two opposite sides are convex arcs, the other two sides being straight, of
equal length and parallel). Products with a rectangular (including square), triangular or polygonal
cross-section may have corners rounded along their whole length. The thickness of such products,
which have a rectangular (including “modified rectangular”) cross-section exceeds one-tenth of
the width. The expression also covers cast or sintered products, of the same forms and dimensions,
which have been subsequently worked after production (otherwise than by simple trimming or
de-scaling), provided that they have not thereby assumed the character of articles or products of
other headings.
(b) Profiles
Rolled, extruded, drawn, forged or formed products, coiled or not, of a uniform cross-
section along their whole length, which do not conform to any of the definitions of bars, rods,
wire, plates, sheets, strip, foil, tubes or pipes. The expression also covers cast or sintered products,
of the same forms, which have been subsequently worked after production (otherwise than by
simple trimming or de-scaling), provided that they have not thereby assumed the character of
articles or products of other headings.
(c) Wire
Rolled, extruded or drawn products, in coils, which have a uniform solid cross-section
along their whole length in the shape of circles, ovals, rectangles (including squares), equilateral
triangles or regular convex polygons (including “flattened circles” and modified rectangles”, of
which two opposite sides are convex arcs, the other two sides being straight, of equal length and
parallel). Products with a rectangular (including square), triangular or polygonal cross-section
may have corners rounded along their whole length. The thickness of such products which have
a rectangular (including “modified rectangular”) cross-section exceeds one-tenth of the width.
(d) Plates, sheets, strip and foil
Flat-surfaced products (other than the unwrought products of heading 7601), coiled or not,
of solid rectangular (other than square) cross-section with or without rounded corners (including
“modified rectangles” of which two opposite sides are convex arcs, the other two sides being
straight, of equal length and parallel) of a uniform thickness, which are:
(i) of rectangular (including square) shape with a thickness not exceeding one-tenth
of the width;
SECTION-XV 685 CHAPTER-76
(ii) of a shape other than rectangular or square, of any size, provided that they do not
assume the character of articles or products of other headings.
Headings 7606 and 7607 apply, inter alia, to plates, sheets, strip and foil with patterns (for
example, grooves, ribs, chequers, tears, buttons, lozenges) and to such products which have been
perforated, corrugated, polished or coated, provided that they do not thereby assume the character
of articles or products of other headings.
(e) Tubes and pipes
Hollow products, coiled or not, which have a uniform cross-section with only one enclosed
void along their whole length in the shape of circles, ovals, rectangles (including squares),
equilateral triangles or regular convex polygonals, and which have a uniform wall thickness.
Products with a rectangular (including square), equilateral triangular or regular convex polygonal
cross-section, which may have corners rounded along their whole length, are also to be considered
as tubes and pipes provided the inner and outer cross-sections are concentric and have the same
form and orientation. Tubes and pipes of the foregoing cross-sections may be polished, coated,
bent, threaded, drilled, waisted, expanded, cone-shaped or fitted with flanges, collars or rings.
SUB-HEADING NOTES :
1. In this Chapter, the following expressions have the meanings hereby assigned to them:
(a) Aluminium, not alloyed
Metal containing by weight at least 99% of aluminium, provided that the content by weight
of any other element does not exceed the limit specified in the following Table:
TABLE – OTHER ELEMENTS
Element Limiting content % by weight
Fe + Si (iron plus silicon) 1
Other elements (1), each 0.1(2)
(1) Other elements are, for example, Cr, Cu, Mg, Mn, Ni, Zn
(2) Copper is permitted in a proportion greater than 0.1% but not more than 0.2%, provided that
neither the chromium nor manganese content exceeds 0.05%
(b) Aluminium alloys
Metallic substances in which aluminium predominates by weight over each of the other
elements, provided that:
(i) the content by weight of at least one of the other elements or of iron plus silicon
taken together is greater than the limit specified in the foregoing table; or
(ii) the total content by weight of such other elements exceeds 1%.
2. Notwithstanding the provisions of Chapter Note 1(c), for the purposes of sub-heading 7616 91, the
term “wire” applies only to products, whether or not in coils, of any cross-sectional shape, of which no
cross-sectional dimension exceeds 6 mm.
SECTION-XV 686 CHAPTER-76
Whereas, in the matter of import of all goods falling under tariff heading 7606 (Aluminium Flat
Rolled Products) and all goods falling under tariff heading 7607 (Aluminium Foil), respectively of the
First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Act),
from People’s Republic of China, the Director General (Safeguard), in preliminary findings vide number
G.S.R. 65 (E), dated the 2nd February, 2009, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i), dated the 2nd February, 2009, had come to the conclusion that increased
imports of Aluminium Flat Rolled Products and Aluminium Foil into India from People’s Republic of
China had caused and threatened to cause market disruption to domestic industry of Aluminium Flat
Rolled Products and Aluminium Foil and it necessitates the imposition of provisional safeguard duty
on imports of Aluminium Flat Rolled Products and Aluminium Foil into India from People’s Republic
of China ;
Now, therefore, in exercise of the powers conferred by sub-section (2) of section 8C of the
said Act, read with rules 10 and 14 of the Customs Tariff (Transitional Product Specific Safeguard
Duty) Rules, 2002, the Central Government after considering the said findings of the Director General
(Safeguard), hereby imposes a safeguard duty:-
SECTION-XV 693 CHAPTER-76
a) at the rate of 21 per cent. ad valorem on all goods falling under heading 7606 (Aluminium Flat
Rolled Products) of the First Schedule to the said Act, when imported into India from People’s Republic
of China; and
b) at the rate of 35 per cent. ad valorem on all goods falling under heading 7607 (Aluminium
Foil) of the First Schedule to the said Act, when imported into India from People’s Republic of China.
2. The safeguard duty imposed under this notification shall be effective upto and inclusive of the
8th October, 2009 (unless revoked, superseded or amended earlier).
Whereas, in the matter of import of Aluminium Flat Rolled Products falling under heading
7606 and Aluminium Foils falling under heading 7607, of the First Schedule to the Customs Tariff
Act, 1975 (51 of 1975) (hereinafter referred to as the said Act), from People’s Republic of China, the
Director General (Safeguard), in its preliminary findings vide number G.S.R. 65 (E), dated the 2nd
February, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i),
dated the 2nd February, 2009, had come to the conclusion that increased imports of Aluminium Flat
Rolled Products and Aluminium Foil into India from People’s Republic of China had caused and
threatened to cause market disruption to domestic industry of Aluminium Flat Rolled Products and
Aluminium Foils, and that this had necessitated the imposition of provisional safeguard duty on imports
of Aluminium Flat Rolled Products and Aluminium Foil into India from People’s Republic of China;
And whereas, on the basis of the aforesaid findings of the Director General (Safeguard), the
Central Government had imposed provisional Safeguard duty on the subject goods vide notification of
the Government of India in the Ministry of Finance (Department of Revenue), No. 26/2009-CUSTOMS,
dated the 23rd March, 2009, published in the Gazette of India vide number G.S.R. 187(E), dated the
23rd March, 2009;
And whereas, the Director General (Safeguard), in its Final findings vide number G.S.R. 369(E),
dated the 29th May, 2009, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-
section (i), dated the 29th May, 2009, had come to the conclusion that increased imports of Aluminium
Flat Rolled Products and Aluminium Foil into India from People’s Republic of China had caused and
threatened to cause market disruption to domestic industry of Aluminium Flat Rolled Products and
Aluminium Foil and it necessitated the imposition of definitive safeguard duty on imports of Aluminium
Flat Rolled Products and Aluminium Foil into India from People’s Republic of China ;
Now, therefore, in exercise of the powers conferred by sub-section (2) of section 8C of the
said Act, read with rules 12 and 14 of the Customs Tariff (Transitional Product Specific Safeguard
Duty) Rules, 2002, the Central Government after considering the said findings of the Director General
(Safeguard), hereby imposes a safeguard duty —
(A) on Aluminium Flat Rolled Products falling under heading 7606 excluding-
(a) Colour Coated Aluminium Coil with either PE (Polyester) Coating or PVDF
(fluorine carbon) Coating falling under CTH 7606
(b) Aluminium Composite panels,
(c) Aluminium-Manganese-Silicon based and/or Aluminium-
SECTION-XV 694 CHAPTER-76
Magnesium-Silicon based alloys whether clad or unclad; with thickness between 0.05
mm to 3.00 mm; with post brazing yield strength greater than 45 MPA, falling under
tariff heading 7606 for use in heat exchangers including radiators, charge air coolers,
condensers, oil coolers, heater cores, evaporators, heat ventilation and air conditioning
(HVAC) systems and parts thereof, at the rate of :—
i. 14% ad valorem, when imported from the 23rd day of March, 2009 to
22nd day March, 2010 (both days inclusive); and
ii. 12% ad valorem, when imported from the 23rd day of March, 2010 to
22nd day March, 2011 (both days inclusive);
(B) on Aluminium Foil falling under heading 7607 excluding —
(a) Aluminium Foil of thickness less than 7 micron falling under CTH 7607
(b) “Aluminium foil of 10.5 micron with rough surface and perforated whether
printed or not; to be used by beer bottling unit”
(c) Colour Coated Aluminium Coil with either PE (Polyester) Coating or PVDF
(fluorine-carbon) Coating falling under CTH 7607.
(d) Etched or formed Aluminium Foils falling under CTH 7607 meant to be used in
the manufacture of Electrolytic capacitors.
(e) Poly Aluminium Foil Coated with Copolymer falling under CTH 7607 to be used
in the manufacture of PIJF Telecom Copper Cables or Optical Fiber Cables.
(f) Aluminium-Manganese-Silicon based and/or Aluminium-
Magnesium-Silicon based alloys, whether clad or unclad; with thickness between 0.05
mm to 3.00 mm; with post brazing yield strength greater than 45 MPA, falling under
tariff heading 7607 for use in heat exchangers including radiators, charge air coolers,
condensers, oil coolers, heater cores, evaporators, heat ventilation and air conditioning
(HVAC) systems and parts thereof. at the rate of :—
i. 30% ad valorem, when imported from the 23rd day of March, 2009 to
22nd day March, 2010 (both days inclusive); and
ii. 25% ad valorem, when imported from the 23rd day of March, 2010 to
22nd day March, 2011 (both days inclusive);
2. The Safeguard duty imposed under this notification shall be levied with effect from the date of
imposition of the provisional Safeguard duty, that is, the 23rd March, 2009.
SECTION-XV 695 CHAPTER-77
CHAPTER 77
(Reserved for possible future use)
SECTION-XV 696 CHAPTER-78
CHAPTER 78
Lead and articles thereof
NOTE :
In this Chapter, the following expressions have the meanings hereby assigned to them:
(a) Bars and rods
Rolled, extruded, drawn or forged products, not in coils, which have a uniform solid cross-
section along their whole length in the shape of circles, ovals, rectangles (including squares),
equilateral triangles or regular convex polygons (including “flattened circles” and “modified
rectangles”, of which two opposite sides are convex arcs, the other two sides being straight, of
equal length and parallel). Products with a rectangular (including square), triangular or polygonal
cross-section may have corners rounded along their whole length. The thickness of such products
which have a rectangular (including “modified rectangular”) cross-section exceeds one-tenth of
the width. The expression also covers cast or sintered products, of the same forms and dimensions,
which have been subsequently worked after production (otherwise than by simple trimming or
de-scaling), provided that they have not thereby assumed the character of articles or products of
other headings.
(b) Profiles
Rolled, extruded, drawn, forged or formed products, coiled or not, of a uniform cross-section
along their whole length, which do not conform to any of the definitions of bars, rods, wire,
plates, sheets, strip, foil, tubes or pipes. The expression also covers cast or sintered products, of
the same forms, which have been subsequently worked after production (otherwise than by
simple trimming or de-scaling), provided that they have not thereby assumed the character of
articles or products of other headings.
(c) Wire
Rolled, extruded or drawn products, in coils, which have a uniform solid cross-section along
their whole length in the shape of circles, ovals, rectangles (including squares), equilateral
triangles or regular convex polygons (including “flattened circles” and “modified rectangles”,
of which two opposite sides are convex arcs, the other two sides being straight, of equal length
and parallel). Products with a rectangular (including square), triangular or polygonal cross-
section may have corners rounded along their whole length. The thickness of such products
which have a rectangular (including “modified rectangular”) cross-section exceeds one-tenth of
the width.
(d) Plates, sheets, strip and foil
Flat-surfaced products (other than the unwrought products of heading 7801), coiled or not,
of solid rectangular (other than square) cross-section with or without rounded corners (including
“modified rectangles” of which two opposite sides are convex arcs, the other two being straight,
of equal length and parallel) of a uniform thickness, which are;
(i) of rectangular (including square) shape with a thickness not exceeding one-tenth of
the width;
SECTION-XV 697 CHAPTER-78
(ii) of a shape other than rectangular or square, of any size, provided that they do
not assume the character of articles or products of other headings.
Heading 7804, applies, inter alia, to plates, sheets, strip and foil with patterns (for example,
grooves, ribs, chequers, tears, buttons, lozenges) and to such products which have been perforated,
corrugated, polished or coated, provided that they do not thereby assume the character of articles
or products of other headings.
(e) Tubes and pipes
Hollow products, coiled or not, which have a uniform cross-section with only one enclosed
void along their whole length in the shape of circles, ovals, rectangles (including squares),
equilateral triangles or regular convex polygons, and which have a uniform wall thickness.
Products with a rectangular (including square), equilateral triangular or regular convex polygonal
cross-section, which may have corners rounded along their whole length, are also to be considered
as tubes and pipes provided the inner and outer cross-sections are concentric and have the same
form and orientation. Tubes and pipes of the foregoing cross-sections may be polished, coated,
bent, threaded, drilled, waisted, expanded, cone-shaped or fitted with flanges, collars or rings.
_____________________________________________________________________________________________________
7805 OMITTED
_____________________________________________________________________________________________________
7806 OTHER ARTICLES OF LEAD
7806 00 - Other articles of lead
7806 00 10 --- Sanitary fixtures kg. 10% -
7806 00 20 --- Indian lead seals kg. 10% -
7806 00 30 --- Blanks kg. 10% -
7806 00 90 --- Other kg. 10% -
SECTION-XV 700 CHAPTER-79
CHAPTER 79
Zinc and articles thereof
NOTE :
In this Chapter, the following expressions have the meanings hereby assigned to them:
(a) Bars and rods
Rolled, extruded, drawn or forged products, not in coils, which have a uniform solid cross-
section along their whole length in the shape of circles, ovals, rectangles (including squares),
equilateral triangles or regular convex polygons (including “flattened circles” and “modified
rectangles”, of which two opposite sides are convex arcs, the other two sides being straight, of
equal length and parallel). Products with a rectangular (including square), triangular or polygonal
cross-section may have corners rounded along their whole length. The thickness of such products
which have a rectangular (including “modified rectangular”) cross-section exceeds one-tenth of
the width. The expression also covers cast or sintered products, of the same forms and dimensions,
which have been subsequently worked after production (otherwise than by simple trimming or
de-scaling), provided that they have not thereby assumed the character of articles or products of
other headings.
(b) Profiles
Rolled, extruded, drawn, forged or formed products, coiled or not, of a uniform cross-section
along their whole length, which do not conform to any of the definitions of bars, rods, wire,
plates, sheets, strip, foil, tubes or pipes. The expression also covers cast or sintered products, of
the same forms, which have been subsequently worked after production (otherwise than by
simple trimming or de-scaling), provided that they have not thereby assumed the character of
articles or products of other headings.
(c) Wire
Rolled, extruded or drawn products, in coils, which have a uniform solid cross-section along
their whole length in the shape of circles, ovals, rectangles (including squares), equilateral triangles
or regular convex polygons (including “flattened circles” and “modified rectangles”, of which
two opposite sides are convex arcs, the other two sides being straight, of equal length and parallel).
Products with a rectangular (including square), triangular or polygonal cross-section may have
corners rounded along their whole length. The thickness of such products which have a rectangular
(including “modified rectangular”) cross-section exceeds one-tenth of the width.
(d) Plates, sheets, strip and foil
Flat-surfaced products (other than the unwrought products of heading 7901), coiled or not, of solid
rectangular (other than square) cross-section with or without rounded corners (including “modified
rectangles” of which two opposite sides are convex arcs, the other two being straight, of equal length and
parallel) of a uniform thickness, which are:
(i) of rectangular (including square) shape with a thickness not exceeding one-tenth of
the width;
(ii) of a shape other than rectangular or square, of any size, provided that they do not
assume the character of articles or products of other headings.
SECTION-XV 701 CHAPTER-79
Heading 7905, applies, inter alia, to plates, sheets, strip and foil with patterns (for example,
grooves, ribs, chequers, tears, buttons, lozenges) and to such products which have been perforated,
corrugated, polished or coated, provided that they do not thereby assume the character of articles
or products of other headings.
(e) Tubes and pipes
Hollow products, coiled or not, which have a uniform cross-section with only one enclosed
void along their whole length in the shape of circles, ovals, rectangles (including squares),
equilateral triangles or regular convex polygons, and which have a uniform wall thickness.
Products with a rectangular (including square), equilateral triangular or regular convex polygonal
cross-section, which may have corners rounded along their whole length, are also to be considered
as tubes and pipes provided the inner and outer cross-sections are concentric and have the same
form and orientation. Tubes and pipes of the foregoing cross-sections may be polished, coated,
bent, threaded, drilled, waisted, expanded, cone-shaped or fitted with flanges, collars or rings.
SUB-HEADING NOTE :
In this Chapter, the following expressions have the meanings hereby assigned to them:
(a) Zinc, not alloyed
Metal containing by weight at least 97.5% of Zinc.
(b) Zinc alloys
Metallic substances in which zinc predominates by weight over each of the other elements,
provided that the total content by weight of such other elements exceeds 2.5%.
(c) Zinc dust
Dust obtained by condensation of zinc vapour, consisting of spherical particles which are
finer than zinc powders. At least 80% by weight of the particles pass through a sieve with 63
micrometres (microns) mesh. It must contain at least 85% by weight of metallic zinc.
CHAPTER 80
Tin and articles thereof
NOTE :
In this Chapter, the following expressions have the meanings hereby assigned to them:
(a) Bars and rods
Rolled, extruded, drawn or forged products, not in coils, which have a uniform solid cross-
section along their whole length in the shape of circles, ovals, rectangles (including squares),
equilateral triangles or regular convex polygons (including “flattened circles” and “modified
rectangles”, of which two opposite sides are convex arcs, the other two sides being straight, of
equal length and parallel). Products with a rectangular (including square), triangular or polygonal
cross-section may have corners rounded along their whole length. The thickness of such products
which have a rectangular (including “modified rectangular”) cross-section exceeds one-tenth of
the width. The expression also covers cast or sintered products, of the same forms and dimensions,
which have been subsequently worked after production (otherwise than by simple trimming or
de-scaling), provided that they have not thereby assumed the character of articles or products of
other headings.
(b) Profiles
Rolled, extruded, drawn, forged or formed products, coiled or not, of a uniform cross-section
along their whole length, which do not conform to any of the definitions of bars, rods, wire,
plates, sheets, strip, foil, tubes or pipes. The expression also covers cast or sintered products, of
the same forms, which have been subsequently worked after production (otherwise than by
simple trimming or de-scaling), provided that they have not thereby assumed the character of
articles or products of other headings.
(c) Wire
Rolled, extruded or drawn products, in coils, which have a uniform solid cross-section along
their whole length in the shape of circles, ovals, rectangles (including squares), equilateral
triangles or regular convex polygons (including “flattened circles” and “modified rectangles”,
of which two opposite sides are convex arcs, the other two sides being straight, of equal length
and parallel). Products with a rectangular (including square), triangular or polygonal cross-
section may have corners rounded along their whole length. The thickness of such products
which have a rectangular (including “modified rectangular”) cross-section exceeds one-tenth of
the width
(d) Plates, sheets, strip and foil
Flat-surfaced products (other than the unwrought products of heading 8001), coiled or not, of
solid rectangular (other than square) cross-section with or without rounded corners (including
“modified rectangles” of which two opposite sides are convex arcs, the other two sides being
straight, of equal length and parallel) of a uniform thickness, which are:
(i) of rectangular (including square) shape with a thickness not exceeding one-tenth of the
width;
SECTION-XV 705 CHAPTER-80
(ii) of a shape other than rectangular or square, of any size, provided that they do not assume
the character of articles or products of other headings.
(e) Tubes and pipes
Hollow products, coiled or not, which have a uniform cross-section with only one enclosed
void along their whole length in the shape of circles, ovals, rectangles (including squares),
equilateral triangles or regular convex polygons, and which have a uniform wall thickness.
Products with a rectangular (including square), equilateral triangular or regular convex polygonal
cross-section, which may have corners rounded along their whole length, are also to be considered
as tubes and pipes provided the inner and outer cross-sections are concentric and have the same
form and orientation. Tubes and pipes of the foregoing cross-sections may be polished, coated,
bent, threaded, drilled, waisted, expanded, cone-shaped or fitted with flanges, collars or rings
SUB-HEADING NOTE :
In this Chapter, the following expressions have the meanings hereby assigned to them:
(a) Tin, not alloyed
Metal containing by weight at least 99% of tin, provided that the content by weight of any
bismuth or copper is less than the limit specified in the following Table:
TABLE – OTHER ELEMENTS
Element Limiting content % by weight
Bi BISMUTH 0.1
Cu COPPER 0.4
CHAPTER 81
Other base metals; cermets; articles thereof
SUB-HEADING NOTE :
Note 1 to Chapter 74, defining “bars and rods”, “profiles”, “wire” and “plates, sheets, strip and foil”
applies, mutatis mutandis, to this Chapter.
CHAPTER 82
Tools, implements, cutlery, spoons and forks, of base metal;
parts thereof of base metal
NOTES :
1. Apart from blow lamps, portable forges, grinding wheels with frameworks, manicure or pedicure
sets, and goods of heading 8209, this Chapter covers only articles with a blade, working edge, working
surface or other working part of:
(a) base metal;
(b) metal carbides or cermets;
(c) precious or semi-precious stones (natural, synthetic or reconstructed) on a support of base
metal, metal carbide or cermet; or
(d) abrasive materials on a support of base metal, provided that the articles have cutting teeth,
flutes, grooves, or the like, of base metal, which retain their identity and function after the application
of the abrasive.
2. Parts of base metal of the articles of this Chapter are to be classified with the articles of which they
are parts, except parts separately specified as such and tool-holders for hand tools (heading 8466). However,
parts of general use as defined in Note 2 to Section XV are in all cases excluded from this Chapter.
Heads, blades and cutting plates for electric shavers or electric hair clippers are to be classified in
heading 8510.
3. Sets consisting of one or more knives of heading 8211 and at least an equal number of articles of
heading 8212.5 are to be classified in heading 8212.5.
___________________________________________________________________________________________________________
8206 TOOLS OF TWO OR MORE OF THE HEADINGS 8202
TO 8205, PUT UP IN SETS FOR RETAIL SALE
8206 00 - Tools of two or more of the headings 8202 to 8205,
put up in sets for retail sale :
SECTION-XV 714 CHAPTER-82
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts the goods of the description specified in column (1) of the Table hereto annexed and falling within
the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), when imported into India, from the whole
of the additional duty of customs leviable thereon under sub-section (1) of section 3 of the said Customs
Tariff Act, subject to the conditions specified in the corresponding entry in column (2) of the said Table:
Provided that nothing contained in this exemption notification shall apply after the 31st March,
2010.
Table
Description of goods Conditions
(1) (2)
(i) All goods falling under Chapter 82, Chapter If-
84, Chapter 85, Chapter 90, heading 6805, (i) intended for manufacture of the fol
SECTION-XV 717 CHAPTER-82
CHAPTER 83
Miscellaneous articles of base metal
NOTES :
1. For the purposes of this Chapter, parts of base metal are to be classified with their parent articles.
However, articles of iron or steel of headings 7312, 7312.5, 7317, 7318 or 7320, or similar articles of other
base metal (Chapters 74 to 76 and 78 to 81) are not to be taken as parts of articles of this Chapter.
2. For the purposes of heading 8302, the word “castors” means those having a diameter (including,
where appropriate, tyres) not exceeding 75 mm, or those having a diameter (including, where appropriate,
tyres) exceeding 75 mm provided that the width of the wheel or tyre fitted thereto is less than 30 mm.
SECTION XVI
NOTES :
1. This Section does not cover :
(a) transmission or conveyor belts or belting, of plastics of Chapter 39, or of vulcanised rubber
(heading 4010), or other articles of a kind used in machinery or mechanical or electrical appliances or
for other technical uses, of vulcanised rubber other than hard rubber (heading 4016);
(b) articles of leather or of composition leather (heading 4205) or of furskin (heading 4303), of a
kind used in machinery or mechanical appliances or for other technical uses;
(c) bobbins, spools, cops, cones, cores, reels or similar supports, of any material (for example,
Chapter 39, 40, 44 or 48 or Section XV);
(d) perforated cards for Jacquard or similar machines (for example, Chapter 39 or 48 or Section
XV);
(e) transmission or conveyor belts or belting of textile material ( heading 5910) or other articles of
textile material for technical uses (heading 5911);
(f) precious or semi-precious stones (natural, synthetic or reconstructed) of headings 7102 to
7104, or articles wholly of such stones of heading 7116 except unmounted worked sapphires and diamonds
for styli (heading 8522);
(g) parts of general use, as defined in Note 2 to Section XV, of base metal (Section XV), or similar
goods of plastics (Chapter 39);
(h) drill pipe (heading 7304);
(ij) endless belts of metal wire or strip (Section XV);
(k) articles of Chapter 82 or 83;
(l) articles of Section XVII;
(m) articles of Chapter 90;
(n) clocks, watches or other articles of Chapter 91;
(o) interchangeable tools of heading 8207 or brushes of a kind used as parts of machines (heading
9603); similar interchangeable tools are to be classified according to the constituent material of their
working part (for example, in Chapter 40, 42, 43, 45 or 59 or heading 6804 or 6909);
(p) articles of Chapter 95; or
(q) typewriter or similar ribbons, whether or not on spools or in cartridges (classified according
SECTION-XVI 723 CHAPTER-84
to their constituent material, or in heading 9612 if inked or otherwise prepared for giving impressions),
or monopods, bipods, tripods and similar articles, of heading 9620.
2. Subject to Note 1 to this Section, Note 1 to Chapter 84 and to Note 1 to Chapter 85, parts of machines
(not being parts of the articles of heading 8484, 8544, 8545, 8546 or 8547) are to be classified according to the
following rules :
(a) parts which are goods included in any of the headings of Chapter 84 or 85 (other than headings
8409, 8431, 8448, 8466, 8473, 8487, 8503, 8522, 8529, 8538 and 8548) are in all cases to be classified in
their respective headings;
(b) other parts, if suitable for use solely or principally with a particular kind of machine, or with a
number of machines of the same heading (including a machine of heading 8479 or 8543) are to be
classified with the machines of that kind or in heading 8409, 8431, 8448, 8466, 8473, 8503, 8522, 8529 or
8538 as appropriate. However, parts which are equally suitable for use principally with the goods of
headings 8517 and 8525 to 8528 are to be classified in heading 8517;
(c) all other parts are to be classified in heading 8409, 8431, 8448, 8466, 8473, 8503, 8522, 8529 or
8538 as appropriate or, failing that, in heading 8487 or 8548.
3. Unless the context otherwise requires, composite machines consisting of two or more machines
fitted together to form a whole and other machines designed for the purpose of performing two or more
complementary or alternative functions are to be classified as if consisting only of that component or as being
that machine which performs the principal function.
4. Where a machine (including a combination of machines) consists of individual components (whether
separate or interconnected by piping, by transmission devices, by electric cables or by other devices) intended
to contribute together to a clearly defined function covered by one of the headings in Chapter 84 or Chapter
85, then the whole falls to be classified in the heading appropriate to that function.
5. For the purposes of these Notes, the expression “machine” means any machine, machinery, plant,
equipment, apparatus or appliance cited in the headings of Chapter 84 or 85.
CHAPTER 84
Nuclear reactors, boilers, machinery and mechanical appliances;
parts thereof
NOTES :
1. This Chapter does not cover :
(a) millstones, grindstones or other articles of Chapter 68;
(b) machinery or appliances (for example, pumps) of ceramic material and ceramic parts of
machinery or appliances of any material (Chapter 69);
(c) laboratory glassware (heading 7017); machinery, appliances or other articles for technical
uses or parts thereof, of glass (heading 7019 or 7020);
(d) articles of heading 7321 or 7322 or similar articles of other base metals (Chapters 74 to 76 or
78 to 81);
(e) vacuum cleaners of headiang 8508:
(f) electro-mechanical domestic appliances of heading 8509; digital cameras of heading 8525;
(g) radiators for the articles of Section XVII; or
SECTION-XVI 724 CHAPTER-84
3. A machine-tool for working any material which answers to a description in heading 8456 and at the
same time to a description in heading 8457, 8458, 8459, 8460, 8461, 8464 or 8465 is to be classified in heading
8456.
4. Heading 8457 applies only to machine-tools for working metal, other than lathes (including turning
centers), which can carry out different types of machining operations either :
(a) by automatic tool change from a magazine or the like in conformity with a machining programme
(machining centers),
(b) by the automatic use, simultaneously or sequentially, of different unit heads working on a fixed
position workpiece (unit construction machines, single station), or
(c) by the automatic transfer of the workpiece to different unit heads (multi-station transfer
machines).
5.(A) For the purposes of heading 8471, the expression “automatic data processing machine” means
machine capable of :
(i) storing the processing programme or programmes and at least the data immediately necessary
for the execution of the programme;
(ii) being freely programmed in accordance with the requirements of the user;
(iii) performing arithmetical computations specified by the user; and
SECTION-XVI 725 CHAPTER-84
(iv) executing, without human intervention, a processing programme which requires them to modify
their execution, by logical decision during the processing run.
(B) Automatic data processing machines may be in the form of systems consisting of a variable
number of separate units.
(C) Subject to paragraphs (D) and (E), a unit is to be regarded as being part of an automatic data
processing system if it meets all of the following conditions :
(i) it is of a kind solely or principally used in an automatic data processing system;
(ii) it is connectable to the central processing unit either directly or through one or more other
units; and
(iii) it is able to accept or deliver data in a form (codes or signals) which can be used by the
system.
Separately presented units of an automatic data processing machine are to be classified in heading
8471.
However, keyboards, X-Y co-ordinate input devices and disk storage units which satisfy the
conditions of (ii) and (iii) above, are in all cases to be classified as units of heading 8471.
(D) Heading 8471 does not cover the following when presented separately, even if they meet all
of the conditions set forth in paragraph (C):
(i) printers, copying machines, facsimile machines, whether or not combined;
(ii) apparatus for the transmission or reception of voice, images or other data, including apparatus
for communication in a wired or wireless network (such as a local or wide area network);
(iii) loudspeakers and microphones;
(iv) television cameras, digital cameras and video camera recorders;
(v) monitors and projectors, not incorporating television reception apparatus.
(E) Machines incorporating or working in conjunction with an automatic data processing machine
and performing a specific function other than data processing are to be classified in the headings
appropriate to their respective functions or, failing that, in residual headings
6. Heading 8482 applies, inter alia, to polished steel balls, the maximum and minimum diameters of
which do not differ from the nominal diameter by more than 1 per cent. or by more than 0.05 mm,
whichever is less. Other steel balls are to be classified in heading 7326.
7. A machine which is used for more than one purpose is, for the purposes of classification, to be
treated as if its principal purpose were its sole purpose.
Subject to Note 2 to this Chapter and Note 3 to Section XVI, a machine, the principal purpose of which
is not described in any heading or for which no one purpose is the principal purpose is, unless the context
otherwise requires, to be classified in heading 8479. Heading 8479 also covers machines for making rope or
cable (for example, stranding, twisting or cabling machines) from metal wire, textile yarn or any other material
or from a combination of such materials.
8. For the purposes of heading 8470, the term “pocket-size” applies only to machines, the dimensions of
which do not exceed 170 mm. x 100 mm. x 45 mm.
9. (A) Notes 9 (a) and 9 (b) to Chapter 85 also apply with respect to the expressions "semiconductor
devices" and "electronic integrated circuits", respectively, as used in this Note and in heading 8486. However,
for the purposes of this Note and of heading 8486, the expression "semiconductor devices" also covers
photosensitive semiconductor devices and lightemitting diodes (LED).
(B) For the purposes of this Note and heading 8486, the expression “manufacture of flat panel displays”
covers the fabrication of substrates into a flat panel. It does not cover the manufacture of glass or the
assembly of printed circuit boards or other electronic components onto the flat panel.
The expression “flat panel display” does not cover cathode-ray tube technology.
SECTION-XVI 726 CHAPTER-84
(C) Heading 8486 also includes machines and apparatus solely or principally of a kind used for:
(i) the manufacture or repair of masks and reticles;
(ii) assembling semiconductor devices or electronic integrated circuits;
(iii) lifting, handling, loading or unloading of boules, wafers, semiconductor devices,
electronic integrated circuits and flat panel displays.
(D) Subject to Note 1 to Section XVI and Note 1 to Chapter 84, machines and apparatus answering to
the description in heading 8486 are to be classified in that heading and in no other heading of this schedule.
SUB-HEADING NOTES :
1. For the purposes of sub-heading 8465 20, the term "machining centres" applies only to machine-tools
for working wood, cork, bone, hard rubber, hard plastics or similar hard materials, which can carry out
different types of machining operations by automatic tool change from a magazine or the like in conformity
with a machining programme.
2. For the purposes of sub-heading 8471 49, the term “systems” means automatic data processing
machines whose units satisfy the conditions laid down in Note 5(C) to Chapter 84 and which comprise at
least a central processing unit, one input unit (for example, a keyboard or a scanner), and one output unit (for
example, a visual display unit or a printer).
3. For the purposes of sub-heading 8481 20, the expression "valves for oleohydraulic or pneumatic
transmissions" means valves which are used specifically in the transmission of "fluid power" in a hydraulic
or pneumatic system, where the energy source is supplied in the form of pressurised fluids (liquid or gas).
These valves may be of any type (for example, pressure-reducing type, check type). Sub-heading 8481 20
takes precedence over all other sub-headings of heading 8481.
4. Sub-heading 8482 40 applies only to bearings with cylindrical rollers of a uniform diameter not
exceeding 5 mm and having a length which is at least three times the diameter. The ends of the rollers may
be rounded.
CHAPTER 85
Electrical machinery and equipment and parts thereof; sound recorders and
reproducers, television image and sound recorders and reproducers,
and parts and accessories of such articles
NOTES :
1. This Chapter does not cover :
(a) electrically warmed blankets, bed pads, foot-muffs or the like; electrically warmed clothing,
footwear or ear pads or other electrically warmed articles worn on or about the person;
(b) articles of glass of heading 7011;
(c) machines and apparatus of heading 8486;
(d) vacuum apparatus of a kind used in medical, surgical, dental or veterinary “sciences (heading
9018);” or
(e) electrically heated furniture of Chapter 94.
2. Headings 8501 to 8504 do not apply to goods described in headings 8511, 8512, 8540, 8541 or
8542.
However, metal tank mercury arc rectifiers remain classified in heading 8504.
3. For the purposes of heading 8507, the expression "electric accumulators" includes those pre-
sented with ancillary components which contribute to the accumulator's function of storing and supply-
ing energy or protect it from damage, such as electrical connectors, temperature control devices (for
example, thermistors) and circuit protection devices. They may also include a portion of the protective
housing of the goods in which they are to be used.
4. Heading 8509 covers only the following electro-mechanical machines of the kind commonly
used for domestic purposes :
(a) floor polishers, food grinders and mixers, and fruit or vegetable juice extractors, of any weight;
(b) other machines provided the weight of such machines does not exceed 20 kg.
The heading does not, however, apply to fans and ventilating or recycling hoods incorporating a
fan, whether or not fitted with filters (heading 8414), centrifugal cloths-dryers (heading 8421), dish
washing machines (heading 8422), household washing machines (heading 8450), roller or other ironing
machines (heading 8420 or 8451), sewing machines (heading 8452), electric scissors (heading 8467)
or to electro-thermic appliances (heading 8516).
5. For the purposes of heading 8523 :
(a) Solid-state non-volatile storage devices” (for example, “flash memory cards” or “flash elec-
tronic storage cards”) are storage devices with a connecting socket, comprising in the same housing
one or more flash memories (for example, “FLASH E²PROM”) in the form of integrated circuits
mounted on a printed circuit board. They may include a controller in the form of an integrated circuit
and discrete passive components, such as capacitors and resistors;
(b) The term “smart cards” means cards which have embedded in them one or more electronic
integrated circuits (a microprocessor, random access memory (RAM) or read-only memory (ROM)) in
SECTION-XVI 777 CHAPTER-85
the form of chips. These cards may contain contacts, a magnetic stripe or an embedded antenna but do
not contain any other active or passive circuit elements.
6. For the purposes of heading 8534, “printed circuits” are circuits obtained by forming on an
insulating base, by any printing process (for example, embossing, plating-up, etching) or by the “film
circuit” technique, conductor elements, contacts or other printed components (for example, induc-
tances, resistors, capacitors) alone or interconnected according to a pre-established pattern, other than
elements which can produce, rectify, modulate or amplify an electrical signal (for example, semi-con-
ductor elements).
The expression “printed circuits” does not cover circuits combined with elements other than those
obtained during the printing process, nor does it cover individual,
discreet resistors, capacitors or inductances. Printed circuits may, however, be fitted with non-printed
connecting elements.
Thin- or thick-film circuits comprising passive and active elements obtained during the same
technological process are to be classified in heading 8542.
7. For the purpose of heading 8536, “connectors for optical fibres, optical fibre bundles or cables”
means connectors that simply mechanically align optical fibres end to end in a digital line system. They
perform no other function, such as the amplification, regeneration or modification of a signal.
8. Heading 8537 does not include cordless infrared devices for the remote control of television
receivers or other electrical equipment (heading 8543).
(a) “Diodes, transistors and similar semi-conductor devices” are semi-conductor devices
the operation of which depends on variations in resistivity on the application of an electric field;
under heading 8504, formed to all intents and purposes indivisibly into a single body like an inte-
grated circuit, as a component of a kind used for assembly onto a printed circuit board (PCB) or
other carrier, through the connecting of pins, leads, balls, lands, bumps, or pads.
For the purpose of this definition:
(1) "Components" may be discrete, manufactured independently then assembled onto
the rest of the MCO, or integrated into other components.
(2) "Silicon based" means built on a silicon substrate, or made of silicon materials, or
manufactured onto integrated circuit die.
(3) (a) "Silicon based sensors" consist of microelectronic or mechanical structures that
are created in the mass or on the surface of a semiconductor and that have the function of
detecting physical or chemical quantities and transducing these into electric signals, caused by
resulting variations in electric properties or displacement of a mechanical structure. "Physical or
chemical quantities" relates to real world phenomena, such as pressure, acoustic waves, accelera-
tion, vibration, movement, orientation, strain, magnetic field strength, electric field strength, light,
radioactivity, humidity, flow, chemicals concentration, etc.
(b) "Silicon based actuators" consist of microelectronic and mechanical structures
that are created in the mass or on the surface of a semiconductor and that have the function of
converting electrical signals into physical movement.
(c) "Silicon based resonators" are components that consist of microelectronic or
mechanical structures that are created in the mass or on the surface of a semiconductor and have
the function of generating a mechanical or electrical oscillation of a predefined frequency that
depends on the physical geometry of these structures in response to an external input.
(d) "Silicon based oscillators" are active components that consist of microelectronic
or mechanical structures that are created in the mass or on the surface of a semiconductor and
that have the function of generating a mechanical or electrical oscillation of a predefined fre-
quency that depends on the physical geometry of these structures.
For the classification of the articles defined in this Note, headings 8541 and 8542 shall take prece-
dence over any other heading in this Schedule, except in the case of heading 8523, which might cover
them by reference to, in particular, their function.
10. For the purposes of heading 8548, “spent primary cells, spent primary batteries and spent
electric accumulators” are those which are neither usable as such because of
breakage, cutting-up, wear or other reasons, nor capable of being recharged.”;
SUB-HEADING NOTE :
(i) Sub-heading 8527 12 covers only cassette-players with built-in amplifier, without built-in
loudspeaker capable of operating without an external source of electric power and the dimensions of which
do not exceed 170mm x 100mm x 45 mm.
SUPPLEMENTARY NOTE :
For the purposes of heading 8523, “Information Technology software” means any
representation of instructions, data, sound or image, including source code and object code, recorded in a
machine readable form, and capable of being manipulated or providing interactivity to a user, by means of an
automatic data processing machine.
SECTION-XVI 779 CHAPTER-85
8519 89 -- Other:
8519 89 10 --- Audio Compact disc player u 10% -
8519 89 20 --- Compact disc changer including mini u 10% -
disc player or laser disc player
8519 89 30 --- Time Code recorder u 10% -
8519 89 40 --- MP-3 player u 10% -
8519 89 90 --- Others u 10% -
___________________________________________________________________________________________________
8520 OMITTED
___________________________________________________________________________________________________
8521 VIDEO RECORDING OR REPRODUCING APPARATUS,
WHETHER OR NOT INCORPORATING A VIDEO TUNER
8521 10 - Magnetic tape-type :
--- Cassette tape-type :
8521 10 11 ---- Professional video tape recorders with ¾” u 10% -
or 1” tape
8521 10 12 ---- Video recorders betacam or betacam SP or u 10% -
digital betacam S-VHS or digital-S
8521 10 19 ---- Other u 10% -
--- Spool type :
8521 10 21 ---- Professional video tape recorders with ¾” u 10% -
SECTION-XVI 790 CHAPTER-85
EXEMPTION NOTIFICATIONS
ADDITIONAL DUTY
Provided that the transfer of the right to use shall be for commercial exploitation including the right to
reproduce, distribute and sell such software and right to use the software components for the creation of and
inclusion in other information technology software products:
Provided further that the importer shall make a declaration to the Assistant Commissioner of Cus-
toms or the Deputy Commissioner of Customs, as the case may be, in respect of such transfer of the right to
use for commercial exploitation:
Provided also that the importer shall be registered under section 69 of the Finance Act, 1994 read
with rule 4 of the Service Tax Rules, 1994.
Explanation. - For the purposes of this exemption, “packaged software or canned software” means
software developed to meet the needs of variety of users, and which is intended for sale or capable of
being sold off the shelf.
Exemption to media with recorded Information Technology Software under the provisions of the
Legal Metrology Act, 2009
[Notifn. No. 11/2016-Cus., dt. 1.03.2016.]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), and in supersession of the notification of the Government of India in the Ministry of Finance (Depart-
ment of Revenue) No. 25/2011-Customs, dated the 1st March, 2011, published in the Gazette of India,
Extraordinary vide number G.S.R. 151(E) dated the 1st March, 2011,except as respects things done or
omitted to be done before such supersession, the Central Government, on being satisfied that it is necessary
in the public interest so to do, hereby exempts media with recorded Information Technology Software (here-
inafter referred to as the said media), under Chapter 85 of the First Schedule to the Customs Tariff Act, 1975
(51 of 1975), on which it is not required, under the provisions of the Legal Metrology Act, 2009 (1 of 2010) or
the rules made thereunder or under any other law for the time being in force, to declare on the package of the
said media thereof, the retail sale price, from so much of the additional duty leviable thereon under sub-
section (1) of section 3 of the said Customs Tariff Act and determined under section 14 of the said Customs
Act, or the rules made thereunder, read with sub-section (2) of section 3 of the said Customs Tariff Act, as is
equivalent to the duty payable on the portion of the value of such Information Technology Software recorded
on the said media, which is leviable to service tax under section 66B read with section 66E of the Finance
Act, 1994 (32 of 1994):
Provided that the importer shall make a declaration in the format specified in Annexure-I, regarding value of
such Information Technology Software recorded on the said media, which is leviable to service tax under
section 66B read with section 66E of the said Finance Act, to the Principal Commissioner of Customs or the
Commissioner of Customs, as the case may be:
Provided further that the person liable to pay service tax is registered under section 69 of the said Finance
Act, read with rule 4 of the Service Tax Rules, 1994 and undertakes to pay service tax leviable thereon in the
formatspecified in Annexure-I.
Annexure-I
1. Name of the importer:
2. Address of the importer:
3. Bill of Entry No. (of import of goods):
4. Service tax registration of the person liable to pay service tax:
To,
(i) Commissioner/Principal CommisisonerCustoms(Jurisdictional), (complete address)
(ii) Commissioner/Principal Commisisoner Service Tax (Jurisdictional Executive and Jurisdictional Au-
SECTION-XVI 808 CHAPTER-85
(a) increased imports of electrical insulators from the People’s Republic of China have caused and
threatened to cause market disruption to the domestic industry and producers of electrical insulators;
(b) a causal link exists between the increased imports and market disruption and threat of market disrup-
tion; and
(c) it will be in the public interest to impose Safeguard duty on import of electrical insulators from
People’s Republic of China;
AND WHEREAS, the Director General (Safeguard) in its final findings has recommended that the
safeguard duty be imposed on imports of electrical insulators imported from the People’s Republic of China
for a period of two years;
NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of section 8C of the
Customs Tariff Act, 1975 (51 of 1975) read with the rules 12 and 14 of the Customs Tariff (Transitional
Product Specific Safeguard Duty) Rules, 2002, the Central Government, after considering the aforesaid
findings of the Director General (Safeguard), hereby imposes on the goods of description specified in column
(3) of the Table below, falling under sub-heading of the First Schedule to the said Customs Tariff Act as
specified in the corresponding entry in column (2), when imported into India from the People’s Republic of
China, a safeguard duty at the rate indicated in the corresponding entry in column (4) ad valorem.
Table
S. No. Sub-heading Description Rate of Safeguard Duty
(1) (2) (3) (4)
1st year 2nd year
1. 8546 10 Electrical insulators of Glass 35% 25%
2. 8546 20 Electrical insulators of Ceramics or Porcelain excluding 35% 25%
telephone or telegraph insulators, other electrical or
SECTION-XVI 809 CHAPTER-85
Explanation.- In the Table, 1st year means the time period with effect from the date of issue of this notifica-
tion till the completion of one year and 2nd year means time period after the completion of the said one year,
till 31st day of December, 2013.
. Nothing contained in this notification shall apply to imports of subject goods from countries notified as
developing countries vide notification No. 19/2016-Customs (N.T.) dated 5th February, 2016, except China
PR, and Malaysia.
SECTION-XVII 810 CHAPTER-86
SECTION XVII
VEHICLES, AIRCRAFT, VESSELS AND ASSOCIATED
TRANSPORT EQUIPMENT
NOTES :
1. This Section does not cover articles of heading 9503 or 9508 or bobsleighs, toboggans and the like
of heading 9506.
2. The expressions “parts” and “parts and accessories” do not apply to the following articles, whether
or not they are identifiable as for the goods of this Section:
(a) joints, washers or the like of any material (classified according to their constituent material or
in heading 8484) or other articles of vulcanised rubber other than hard rubber (heading 4016);
(b) parts of general use, as defined in Note 2 to Section XV, of base metal (Section XV), or similar
goods of plastics (Chapter 39);
(c) articles of Chapter 82 (tools);
(d) articles of heading 8306;
(e) machines and apparatus of headings 8401 to 8479, or parts thereof, other than the radiators
for the articles of this Section, articles of heading 8481 or 8482 or, provided they constitute integral parts
of engines and motors, articles of heading 8483;
(f) electrical machinery or equipment (Chapter 85);
(g) articles of Chapter 90;
(h) articles of Chapter 91;
(ij) arms (Chapter 93);
(k) lamps or lighting fittings of heading 9405; or
(l) brushes of a kind used as parts of vehicles (heading 9603).
3. References in Chapters 86 to 88 to “parts” or “ accessories” do not apply to parts or accessories
which are not suitable for use solely or principally with the articles of those Chapters. A part or accessory
which answers to a description in two or more of the headings of those Chapters is to be classified under that
heading which corresponds to the principal use of that part of accessory.
4. For the purposes of this Section:
(a) vehicles specially constructed to travel on both road and rail are classified under the appropriate
heading of Chapter 87;
(b) amphibious motor vehicles are classified under the appropriate heading of Chapter 87;
(c) aircraft specially constructed so that they can also be used as road vehicles are classified
under the appropriate heading of Chapter 88.
5. Air-cushion vehicles are to be classified within this Section with the vehicles to which they are
most akin as follows:
(a) in Chapter 86 if designed to travel on a guide-track (hovertrains);
(b) in Chapter 87 if designed to travel over land or over both land and water;
(c) in Chapter 89 if designed to travel over water, whether or not able to land on beaches or
landing - stages or also able to travel over ice.
SECTION-XVII 811 CHAPTER-86
Parts and accessories of air-cushion vehicles are to be classified in the same way as those of vehicles
of the heading in which the air-cushion vehicles are classified under the above provisions.
Hovertrain track fixtures and fittings are to be classified as railway track fixtures and fittings, and
signalling, safety or traffic control equipment for hovertrain transport systems as signalling, safety or traffic
control equipment for railways.
CHAPTER 86
Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures
and fittings and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment
of all kinds
NOTES :
1. This Chapter does not cover :
(a) railway or tramway sleepers of wood or of concrete, or concrete guide-track sections for
hovertrains (heading 4406 or 6810);
(b) railway or tramway track construction material of iron or steel of heading 7302; or
(c) electrical signalling, safety or traffic control equipment of heading 8530.
2. Heading 8607 applies, inter alia, to:
(a) axles, wheels, wheel sets (running gear), metal tyres, hoops and hubs and other parts of
wheels;
(b) frames, under frames, bogies and bissel-bogies;
(c) axle boxes, brake gear;
(d) buffers for rolling-stock; hooks and other coupling gear and corridor connections;
(e) coachwork.
3. Subject to the provisions of Note 1 above, heading 8608 applies, inter alia, to :
(a) assembled track, turntables, platform buffers, loading gauges;
(b) semaphores, mechanical signal discs, level crossing control gear, signal and point controls
and other mechanical (including electro-mechanical) signalling, safety or traffic control equipment,
whether or not fitted for electric lighting, for railways, tramways, roads, inland waterways, parking
facilities, port installations or airfields.
CHAPTER 87
Vehicles other than railway or tramway rolling-stock, and parts and
accessories thereof
NOTES :
1. This Chapter does not cover railway or tramway rolling-stock designed solely for running on rails.
2. For the purposes of this Chapter, “tractors” means vehicles constructed essentially for hauling or
pushing another vehicle, appliance or load, whether or not they contain subsidiary provision for the transport,
in connection with the main use of the tractor, of tools, seeds, fertilizers or other goods.
Machines and working tools designed for fitting to tractors of heading 8701 as interchangeable equipment
remain classified in their respective headings even if presented with the tractor, and whether or not mounted
on it.
3. Motor chassis fitted with cabs fall in headings 8702 to 8704, and not in heading 8706.
4. Heading 8712 includes all children’s bicycles. Other children’s cycles fall in heading 9503.
CHAPTER 88
NOTE :
For the purposes of Sub-headings 8802 11 to 8802 40, the expression “unladen weight” means the
weight of the machine in normal flying order, excluding the weight of the crew and of fuel and equipment
other than permanently fitted items of equipment.
EXEMPTION NOTIFICATIONS
Exemption to parts of aircraft falling within the First Schedule to the Customs Tariff Act, 1975 (51
of 1975), when imported into India under the Standard Exchange Scheme:
[Notfn. No. 23/2016-Cus. dt. 1.3.2016]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962) and in supersession of the notification of the Government of India in the Ministry of Finance ( Depart-
ment of Revenue) No. 72/94-Customs, dated the 1st March, 1994 published in the Gazette of India, Extraor-
dinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 184 (E) dated the 1stMarch, 1994, except as
respects things done or omitted to be done before such supersession, the Central Government, being satisfied
that it is necessary in the public interest so to do, hereby exempts parts of aircraft falling within the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975), when imported into India under the Standard Ex-
change Scheme, from so much of duty of customs leviable thereon, as is in excess of the duty of customs
which would be leviable if the value of the said parts were made up of the Standard Exchange Cost, insur-
ance and freight charges both ways subject to the following conditions, namely:-
(i) such parts have been repaired or overhauled or are being imported for repair or overhaul and are not
new parts;
(ii) the importer and the exporter have entered into a Standard Exchange Agreement;
SECTION-XVII 828 CHAPTER-88
(iii) the importer is registered with the Director General of Civil Aviation ;
(iv) the Standard Exchange Cost charged by the exporter or importer is final;
(v) no drawback of duty has been claimed or shall be claimed in respect of parts of aircraft exported or
imported for repair or overhaul under the said Standard Exchange Agreement; and
(vi) the importer, at the time of clearance, producesa certificate from the exporter,-
(a) that the imported parts have been supplied from a pool of repaired or overhauled parts maintained
under the Standard Exchange Scheme and such parts are not new parts and; that theStandard
Exchange Cost charged for repair or overhaul is final; or
(b) thatthe parts have been sentto the importer under Standard Exchange Scheme for repair or overhaul
and such parts are not new parts.
(1) "Standard Exchange Scheme" means a scheme under which the exporter of a repaired or over-
hauled aircraft part;or an importer of anaircraft part for repair or overhaul , agree to supply a repaired or
overhauled part in exchange of such part ;
(2) "Standard Exchange Agreement" means an agreement made under Standard Exchange Scheme;
(3) "Standard Exchange Cost" means the cost of repair or overhaul charged by the exporter or importer
of the aircraft part under Standard Exchange Scheme, which also includes charges for materials, if any, used
for such repair or overhaul.
SECTION-XVII 829 CHAPTER-89
CHAPTER 89
NOTE :
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), read with sub-section (1) of section 3 of the Customs Tariff Act, 1975 (51 of 1975), the Central
SECTION-XVII 831 CHAPTER-89
Government, being satisfied that it is necessary in the public interest so to do, hereby exempts dredgers
falling under heading 8905 10 00 of the First Schedule to the said Customs Tariff Act, when imported into
India, -
(a) from the whole of the duty of customs leviable thereon under the said First Schedule; and
(b) from that portion of the additional duty of customs leviable thereon under sub-section (1) of section
3 of the said Customs Tariff Act, as is in excess of one hundred twentieth part of the applicable duty
for each month or part thereof for which the dredger has been granted a licence by the Director
General of Shipping for stay in India.
Explanation.- For the purposes of this notification, “applicable duty” shall mean the additional duty levi-
able under sub-section (1) of section 3 of the said Customs Tariff Act read with relevant notification for the
time being in force issued under sub-section (1) of section 25 of the said Customs Act.
SECTION-XVIII 832 CHAPTER-90
SECTION XVIII
OPTICAL, PHOTOGRAPHIC, CINEMATOGRAPHIC, MEASURING,
CHECKING, PRECISION, MEDICAL OR SURGICAL INSTRUMENTS AND APPARATUS;
CLOCKS AND WATCHES; MUSICAL INSTRUMENTS;
PARTS AND ACCESSORIES THEREOF
CHAPTER 90
Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical
instruments and apparatus; parts and accessories thereof
NOTES :
1. This Chapter does not cover :
(a) articles of a kind used in machines, appliances or for other technical uses, of vulcanised
rubber other than hard rubber (heading 4016), of leather or of composition leather (heading 4205) or
textile material (heading 5911);
(b) supporting belts or other support articles of textile material, whose intended effect on the
organ to be supported or held derives solely from their elasticity (for example, maternity belts, thoracic
support bandages, abdominal support bandages, supports for joints or muscles) (Section XI);
(c) refractory goods of heading 6903; ceramic wares for laboratory, chemical or other technical
uses, of heading 6909;
(d) glass mirrors, not optically worked, of heading 7009, or mirrors of base metal or of precious
metal, not being optical elements (heading 8306 or Chapter 71);
(e) goods of heading 7007, 7008, 7011, 7014, 7015 or 7017;
(f) parts of general use, as defined in Note 2 to Section XV, of base metal (Section XV) or
similar goods of plastics (Chapter 39);
(g) pumps incorporating measuring devices, of heading 8413; weight-operated counting or checking
machinery, or separately presented weights for balances (heading 8423); lifting or handling machinery
(headings 8425 to 8428); paper or paperboard cutting machines of all kinds (heading 8441); fittings for
adjusting work or tools on machine-tools or water-jet cutting machines, of heading 8466, including
fittings with optical devices for reading the scale (for example, “optical” dividing heads) but not those
which are in themselves essentially optical instruments (for example, alignment telescopes); calculating
machines (heading 8470); valves or other appliance of heading 8481; machines and apparatus (including
apparatus for the projection or drawing of circuit patterns on sensitised semi-conductor materials) of
heading 8486;
(h) searchlights or spotlights of a kind used for cycles or motor vehicles (heading 8512); portable
electric lamps of heading 8513; cinematographic sound recording, reproducing or re-recording apparatus
(heading 8519); sound-heads (heading 8522); television cameras, digital cameras and video camera
recorders (heading 8525); radar apparatus , radio navigational aid apparatus or radio remote control
apparatus (heading 8526); connectors for optical fibres, optical fibre bundles or cables (heading 8536);
numerical control apparatus of heading 8537; sealed beam lamp units of heading 8539; optical fibre
cables of heading 8544;
(ij) searchlights or spotlights of heading 9405;
(k) articles of Chapter 95;
SECTION-XVIII 833 CHAPTER-90
9007 10 - Cameras :
9007 10 10 --- For film of less than 16 mm u 10% -
width or for double - 8 mm film
9007 10 90 - -- Other u 10% -
9007 20 - Projectors :
9007 20 10 --- For film of less than 16 mm width u 10% -
9007 20 90 --- Other u 10% -
- Parts and accessories :
9007 91 00 -- For cameras kg. 10% -
9007 92 00 -- For projectors kg. 10% -
__________________________________________________________________________________________________
9008 IMAGE PROJECTORS, OTHER THAN
CINEMATOGRAPHIC; PHOTOGRAPHIC
(OTHER THAN CINEMATOGRAPHIC) ENLARGERS
AND REDUCERS
9008 50 - Projectors, enlargers and reducers:
9008 50 10 - - - Slide projectors u 10% -
9008 50 20 - - - Microfilm, microfiche or other microform readers,
whether or not capable of producing copies u 10% -
9008 50 30 - - - Other image projectors u 10% -
9008 50 40 - - - Photographic (other than Cinematographic) u 10% -
enlargers and reducers
9008 90 00 - Parts and accessories kg. 10% -
__________________________________________________________________________________________________
9009 OMITTED
__________________________________________________________________________________________________
9010 APPARATUS AND EQUIPMENT FOR PHOTOGRAPHIC
(INCLUDING CINEMATOGRAPHIC) LABORATORIES
NOT SPECIFIED OR INCLUDED ELSEWHERE IN THIS
CHAPTER; NEGATOSCOPES; PROJECTION SCREENS
9010 10 00 - Apparatus and equipment for automatically u 7.5% -
developing photographic (including
SECTION-XVIII 837 CHAPTER-90
CHAPTER 91
Clocks and watches and parts thereof
NOTES :
CHAPTER 92
Musical instruments; parts and accessories of such articles
NOTES :
1. This Chapter does not cover:
(a) parts of general use, as defined in Note 2 to Section XV, of base metal (Section XV), or
similar goods of plastics (Chapter 39);
(b) microphones, amplifiers, loud-speakers, head-phones, switches, stroboscopes or other
accessory instruments, apparatus or equipment of Chapter 85 or 90, for use with but not incorporated
in or housed in the same cabinet as instruments of this Chapter;
(c) toy instruments or apparatus (heading 9503);
(d) brushes for cleaning musical instruments (heading 9603), or monopods, bipods, tripods and similar
articles (heading 9620); or
(e) collectors’ pieces or antiques (heading 9705 or 9706)
2. Bows and sticks and similar devices used in playing the musical instruments of heading 9202 or 9206
presented with such instruments in numbers normal thereto and clearly intended for use therewith, are to be
classified in the same heading as the relative instruments.
Cards, discs and rolls of heading 9209 presented with an instrument are to be treated as separate
articles and not as forming a part of such instrument.
__________________________________________________________________________________________________
9206 00 00 PERCUSSION MUSICAL INSTRUMENTS (FOR EXAMPLE, u 10% -
DRUMS, XYLOPHONES, CYMBOLS, CASTANETS,
MARACAS)
__________________________________________________________________________________________________
9207 MUSICAL INSTRUMENTS, THE SOUND OF WHICH IS
PRODUCED, OR MUST BE AMPLIFIED, ELECTRICALLY
(FOR EXAMPLE, ORGANS, GUITARS, ACCORDIONS)
9207 10 00 - Keyboard instruments, other than accordions u 10% -
9207 90 00 - Other u 10% -
__________________________________________________________________________________________________
9208 MUSICAL BOXES, FAIRGROUND ORGANS, MECHANICAL
STREET ORGANS, MECHANICAL SINGING BIRDS,
MUSICAL SAWS AND OTHER MUSICAL INSTRUMENTS
NOT FALLING WITHIN ANY OTHER HEADING OF THIS
CHAPTER; DECOY CALLS OF ALL KINDS; WHISTLES,
CALL HORNS AND OTHER MOUTH-BLOWN SOUND
SIGNALLING INSTRUMENTS
9208 10 00 - Musical boxes u 10% -
9208 90 00 - Other u 10% -
__________________________________________________________________________________________________
9209 PARTS (FOR EXAMPLE, MECHANISMS FOR MUSICAL
BOXES) AND ACCESSORIES (FOR EXAMPLE, CARDS,
DISCS AND ROLLS FOR MECHANICAL INSTRUMENTS)
OF MUSICAL INSTRUMENTS; METRONOMES, TUNING
FORKS AND PITCH PIPES OF ALL KINDS
9209 30 00 - Musical instrument strings kg. 10% -
- Other :
9209 91 00 -- Parts and accessories for pianos kg. 10% -
9209 92 00 -- Parts and accessories for the musical kg. 10% -
instruments of heading 9202
9209 94 00 -- Parts and accessories for the musical kg. 10% -
instruments of heading 9207
9209 99 00 -- Other kg. 10% -
________________________________________________________________________________________________
SECTION-XIX 854 CHAPTER-93
SECTION XIX
ARMS AND AMMUNITION; PARTS AND ACCESSORIES THEREOF
CHAPTER 93
Arms and ammunition; parts and accessories thereof
NOTES :
1. This Chapter does not cover :
(a) goods of Chapter 36 (for example, percussion caps, detonators, signalling flares);
(b) parts of general use, as defined in Note 2 to Section XV, of base metal (Section XV), or
similar goods of plastics (Chapter 39);
(c) armoured fighting vehicles (heading 8710);
(d) telescopic sights or other optical devices suitable for use with arms, unless mounted on
a firearm or presented with the firearm on which they are designed to be mounted (Chapter 90);
(e) bows, arrows, fencing foils or toys (Chapter 95); or
(f) collectors' pieces or antiques (heading 9705 or 9706).
2. In heading 9306, the reference to "parts thereof" does not include radio or radar apparatus of
heading 8526.
SECTION XX
MISCELLANEOUS MANUFACTURED ARTICLES
CHAPTER 94
Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishing; lamps
and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-
plates and the like; prefabricated building
NOTES :
1. This Chapter does not cover :
(a) pneumatic or water mattresses, pillows or cushions, of Chapter 39, 40 or 63;
(b) mirrors designed for placing on the floor or ground [for example, cheval-glasses (swing-
mirrors)] of heading 7009;
(c) articles of Chapter 71;
(d) parts of general use as defined in Note 2 to Section XV, of base metal (Section XV), or
similar goods of plastics (Chapter 39), or safes of heading 8303;
(e) furniture specially designed as parts of refrigerating or freezing equipment of heading
8418; furniture specially designed for sewing machines (heading 8452);
(f) lamps and lighting fittings of Chapter 85;
(g) furniture specially designed as parts of apparatus of heading 8518 (heading 8518), of
headings 8519 or 8521 (heading 8522) or of headings 8525 to 8528 (heading 8529);
(h) articles of heading 8714;
(ij) dentists' chairs incorporating dental appliances of heading 9018 or dentists' spittoons
(heading 9018);
(k) articles of Chapter 91 (for example, clocks and clock cases);
(l) toy furniture or toy lamps or lighting fittings (heading 9503), billiard tables or other furniture
specially constructed for games (heading 9504), furniture for conjuring tricks or decorations (other
than electric garlands) such as Chinese lanterns (heading 9505) or.
(m) monopods, bipods, tripods and similar articles (heading 9620).
2. The articles (other than parts) referred to in headings 9401 to 9403 are to be classified in those
headings only if they are designed for placing on the floor or ground.
The following are, however, to be classified in the above-mentioned headings even if they are
designed to be hung, to be fixed to the wall or to stand one on the other:
(a) Cupboards, bookcases, other shelved furniture (including single shelves
presented with supports for fixing them to the wall) and unit furniture;
(b) seats and beds.
3. (A) In headings 9401 to 9403 references to parts of goods do not include references to sheets or
slabs (whether or not cut to shape but not combined with other parts) of glass (including mirrors),
SECTION-XX 857 CHAPTER-94
CHAPTER 95
Toys, games and sports requisites; parts and accessories thereof
NOTES :
4. Subject to the provisions of Note 1, heading 9503 applies, inter alia, to articles of this heading
combined with one or more items, which cannot be considered as sets under the terms of rule 3 (b) of
the General rules for Interpretation of this schedule, and which, if presented separately, would be
classified in other headings, provided the articles are put up together for retail sale and the combina-
tions have the essential character of toys.
5. Heading 9503 does not cover articles which, on account of their design, shape or constituent material, are
identifiable as intended exclusively for animals, for example, “pet toys” (classification in their own appro-
priate heading).
SUB-HEADING NOTE
Sub-heading 9504 50 covers :
(a) Video game consoles from which the image is reproduced on television receiver, a monitor or other
external screen or surface; or
(b) Video game machines having a self-contained video screen, whether or not portable.
This sub-heading does not cover video game consoles or machines operated by coins, banknotes, bank
cards, tokens or by any other means of payment (sub-heading 9504 30).
CHAPTER 96
Miscellaneous manufactured articles
NOTES :
1. This Chapter does not cover :
(a) pencils for cosmetic or toilet uses (Chapter 33);
(b) articles of Chapter 66 (for example, parts of umbrellas or walking-sticks);
(c) imitation Jewellery (heading 7117);
(d) parts of general use, as defined in Note 2 of Section XV, of base metal (Section XV), or
similar goods of plastics (Chapter 39);
(e) cutlery or other articles of Chapter 82 with handles or other parts of carving or moulding
materials; heading 9601 or 9602 applies, however, to separately presented handles or other parts
of such articles;
(f) articles of Chapter 90, for example, spectacle frames (heading 9003), mathematical
drawing pens (heading 9017), brushes of a kind specialised for use in dentistry or for medical,
surgical or veterinary purposes (heading 9018);
(g) articles of Chapter 91 (for example, clock or watch cases);
(h) musical instruments or parts or accessories thereof (Chapter 92);
(ij) articles of Chapter 93 (arms and parts thereof);
(k) articles of Chapter 94 (for example, furniture, lamps and lighting fittings);
(l) articles of Chapter 95 (toys, games, sports requisites);
(m) works of art, collectors' pieces or antiques (Chapter 97).
2. In heading 9602, the expression "vegetable or mineral carving material" means :
(a) hard seeds, pips, hulls and nuts and similar vegetable materials of a kind used for carving
(for example, corozo and dom);
(b) amber, meerschaum, agglomerated amber and agglomerated meerschaum, jet and mineral
substitutes for jet.
3. In heading 9603, the expression "prepared knots and tufts for broom or brush making" applies
only to unmounted knots and tufts of animal hair, vegetable fibre or other material, which are ready
for incorporation without division in brooms or brushes, or which require only such further minor
processes as trimming to shap at the top, to render them ready for such incorporation.
4. Articles of this Chapter, other than those of headings 9601 to 9606 or 9615, remain classified
in the Chapter whether or not composed wholly or partly of precious metal or metal clad with precious
metal, of natural or cultured pearls, or precious or semi-precious stones (natural, synthetic or
reconstructed). However, headings 9601 to 9606 and 9615 include articles in which natural or cultured
pearls, precious or semi-precious stones (natural, synthetic or reconstructed), precious metal or metal
clad with precious metal constitute only minor constituents.
SECTION-XX 867 CHAPTER-96
9608 30 11 ---- High value fountain pens (US $ 100 and above u 10% -
c.i.f. per unit)
9608 30 12 ---- With body or cap of precious metal or rolled precious u 10% -
metal
9608 30 19 ---- Other u 10% -
--- Stylograph pens :
9608 30 21 ---- High value pens u 10% -
(US $ 100 and above c.i.f. per unit)
9608 30 22 ---- With body or cap of precious metal or rolled u 10% -
precious metal
9608 30 29 ---- Other u 10% -
--- Other :
9608 30 91 ---- High value pens u 10% -
(US $ 100 and above c.i.f. per unit)
9608 30 92 ---- With body or cap of precious metal or rolled precious u 10% -
metal
9608 30 99 ---- Other u 10% -
9608 40 00 - Propelling or sliding pencils u 10% -
9608 50 00 - Sets of articles from two or more of the u 10% -
foregoing sub-headings
9608 60 - Refills for ball point pens, comprising the ball
point and ink-reservoir :
9608 60 10 --- With liquid ink (for rolling ball-pen) u 10% -
9608 60 90 --- Other u 10% -
- Other :
9608 91 -- Pen nibs and nib points :
9608 91 10 --- Nib points for pen u 10% -
9608 91 20 --- Nibs of wool felt or plastics for use in the u 10% -
manufacture of porous tip pen or markers
9608 91 30 --- Other pen nibs u 10% -
--- Other :
9608 91 91 ---- Of metal u 10% -
9608 91 99 ---- Other u 10% -
9608 99 -- Other :
9608 99 10 --- Pen holders, pencil holders and similar holders kg. 10% -
9608 99 90 --- Other kg. 10% -
____________________________________________________________________________________________________
SECTION-XX 871 CHAPTER-96
____________________________________________________________________________________________________
9618 00 00 TAILORS' DUMMIES AND OTHER LAY FIGURES; kg. 10% -
AUTOMATA AND OTHER ANIMATED DISPLAYS, USED FOR
SHOP WINDOW DRESSING
____________________________________________________________________________________________________
SECTION-XX 873 CHAPTER-96
SECTION XXI
WORKS OF ART, COLLECTORS' PIECES AND ANTIQUES
CHAPTER 97
Works of art, collectors' pieces and antiques
NOTES :
1. This Chapter does not cover :
(a) unused postage or revenue stamps, postal stationery (stamped paper) or the like of heading
4907;
(b) theatrical scenery, studio back-cloths and the like, of painted canvas (heading 5907)
except if they may be classified in heading 9706; or
(c) pearls, natural or cultured, or precious or semi-precious stones (headings 7101 to 7103).
2. For the purposes of heading 9702, the expression “original engravings, prints and lithographs"
means impressions produced directly, in black and white, or in colour, of one or of several plates
wholly executed by hand by the artist, irrespective of the process or of the material employed by him,
but not including any mechanical or photomechanical process.
3. Heading 9703 does not apply to mass-produced reproductions or works of conventional
craftsmanship of a commercial character, even if these articles are designed or created by artists.
4. (A) Subject to Notes 1 to 3 above, articles of this Chapter are to be classified in this Chapter
and not in any other Chapter of this Schedule.
(B) Heading 9706 does not apply to articles of the preceding headings of this Chapter.
5. Frames around paintings, drawings, pastels, collages or similarly decorative plaques,
engravings, prints or lithographs are to be classified with those articles, provided they are of a kind
and of a value normal to those articles. Frames which are not of kind or of a value normal to the
articles referred to in this Note are to be classified separately.
CHAPTER 98
NOTES :
1. This Chapter is to be taken to apply to all goods which satisfy the conditions prescribed
therein, even though they may be covered by a more specific heading elsewhere in this Schedule.
2. Heading 9801 is to be taken to apply to all goods which are imported in accordance with the
regulations made under section 157 of the Customs Act, 1962 (52 of 1962) and expressions used in this
heading shall have the meaning assigned to them in the said regulations.
3. Heading 9802 covers all chemicals, organic or inorganic, whether or not chemically defined,
imported in packings not exceeding 500 gms or 500 millilitres and which can be identified with reference
to the purity, markings or other features to show them to be meant for use solely as laboratory chemicals.
4. Headings 9803 and 9804 are taken not to apply to :
(a) motor vehicles;
(b) alcoholic beverages; and
(c) tobacco and manufactured products thereof.
5. Heading 9803 is to be taken not to apply to articles imported by a passenger or a member of a
crew under an import licence or a Customs Clearance Permit either for his own use or on behalf of
others.
6. Heading 9804 is to be taken not to apply to articles imported under an import licence or a
Customs Clearance Permit.
7. Heading 9804 is to be taken not to apply to printed books.
____________________________________________________________________________________________________
PROJECT IMPORTS
2. Application:- These regulations shall apply for assessment and clearance of the goods falling under
heading No. 98.01 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975).
(a) "industrial plant" means an industrial system designed to be employed directly in the
performance of any process of series of processes necessary for manufacture, production or
extraction of a commodity, but does not include;-
(i) establishment designed to offer services of any description such as hotels, hospitals,
photographic studios, photographic film processing laboratories, photocopying studios, laundries,
garages and workshops; or
(ii) a single machine or a composite machine, within the meaning assigned to it, in Notes 3 and
4 to section XVI of the said First Schedule;
Explanation.— For the purposes of sub-clause(i), the expression "establishments designed to offer
services of any description" shall not include video recording or editing units, cinematographic studios,
cinematographic film processing laboratories and sound recording, processing, mixing or editing
studios;
(b) "Sponsoring authority" means authority specified in the Table annexed to these regulations;
(c) "substantial expansion" means an expansion which will increase the existing installed capacity
by not less than 25 per cent;
(d) "unit" means any self-contained portion of an industrial plant or any self contained portion of
a project specified under the said heading No. 98.01 and having an independent function in the
execution of the said project.
4. ELIGIBILITY:- The assessment under the said heading No. 98.01 shall be available only to those
goods which are imported (whether in one or more than one consignment) against one or more specific
contracts, which have been registered with the appropriate Custom House in the manner specified in
regulation 5 and such contract or contracts has or have been so registered:-
(i) before any order is made by the proper officer of customs permitting the clearance of the goods for
SECTION-XXI 880 CHAPTER-98
home consumption;
(ii) in the case of goods cleared for home consumption without payment of duty subject to re-export in
respect of fairs, exhibitions, demonstrations, seminars, congresses and conferences, duly sponsored
or approved by the Government of India or Trade Fair Authority of India, as the case may be, before
the date of payment of duty.
5. REGISTRATION OF CONTRACTS:- (1) Every importer claiming assessment of the goods falling
under the said heading No. 98.01, on or before their importation shall apply in writing to the proper
officer at the port where the goods are to be imported or where the duty is to be paid for registration
of the contract or contracts, as the case may be:
Provided that in the case of consignments sought to be cleared through a Custom House other
than the Customs House at which the contract is registered, the importer shall produce from the
Custom House of registration such information as the proper officer may require.
(2) The importer shall apply, as soon as may be, after he has obtained the Import trade control
licence wherever required for the import of articles covered by the contract and in case of imports
covered by the Open General Licence or imports made by Central Government, any State
Government, statutory Corporation, public body or Government undertaking run as a joint stock
company (hereinafter referred to as "Government Agency") as soon as clearance from the Directorate
General of Technical Development or the concerned sponsoring authority, as the case may be, has
been obtained.
(4) The application shall be accompanied by the original deed of contract together with a true copy
thereof, the import trade control licence, wherever required and an approved list of items from the
Directorate General of Technical Development or the concerned sponsoring authority,
(5) The importer shall also furnish such other documents or other particulars as may be required
by the proper officer in connection with the registration of contract.
(6) The proper officer shall, on being satisfied that the application is in order register the contract
by entering the particulars thereof in a book kept for the purpose, assign a number in token of the
registration and communicate that number to the importer and shall also return to the importer all the
original documents which are no longer required by him.
whether before or after registration, the importer shall make an application for registration of the
amendments to the said contract to the proper officer.
(2) The application shall be accompanied by the original deed of contract relating to the
amendments together with a true copy thereof and the documents, if any, permitting consequential
amendments to the import trade control licence, wherever required, for the import of articles covered
by the contract and in the case of imports covered by Open General Licence, as soon as clearance
from the Directorate General of Technical Development or the concerned sponsoring authority, as the
case may be, has been obtained along with a list of articles referred to in clause (4) of regulation 5,
duly attested.
(3) On being satisfied that the application is in order, the proper officer shall make a note of the
amendments in the register.
7. FINALISATION OF CONTRACT - The importer shall within three months from the date of
clearance for home consumption of the last consignment of the goods or within such extended period
as the proper officer may allow, submit a statement indicating the details of the goods imported together
with necessary documents as proof regarding the value and quantity of the goods so imported in terms
of this Regulation and any other document that may be required by the proper officer for finalisation
of the contract.
TABLE
S.No. Name of the Plant or Project Sponsoring Authority
1. 2. 3.
1. All plants and projects under SSI Units. Director of Industries of the concerned State.
2. All Power Plants and Transmission Projects
under,-
(a) National Thermal Power Corporation Ltd. National Thermal Power Corporation Ltd., NTPC
Bhavan, Scope Complex , 7, Lodhi Road., Institutional
area, New Delhi-110 003.
(b) Tehri Hydro Development Corporation Ltd. Tehri Hydro Development Corporation Ltd.,
Bhagirathi Bhawan (Top terrace), Bhagirathipuram,
Tehri (Garhwal) 249 001 (UP).
(c) Nathpa Jhakri Power Corporation Ltd. Nathpa Jhakri Power Corporation Ltd., Himfed
Building Khalini, Shimla (HP).
(d) North Eastern Electric Power Corporation North Eastern Electric Power Corporation Ltd.,
Ltd. Brookland Compound Lower New Colony Shillong-
793 001.
(e) National Hydroelectic Power Corporation National Hydroelectric Power Corporation Ltd.,
Ltd. NHPC Office Complex Sector-33, Faridabad,
Faridabad (Haryana).
(f) Bhakra Beas Management Board. Bhakra Beas Management Board Madhya Marg,
Sector-19/B Chandigarh-160 019.
(g) Central Power Research Institute. Central Power Research Institute, Prof. C.V. Raman
Road, Raj Mahal Vilas Extn. II, Stage P.O.,
P.B.No.9401, Bangalore -560 094.
SECTION-XXI 882 CHAPTER-98
In exercise of the powers conferred by sub-item (6) of heading No.98.01 of the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975), the Central Government, having regard to the economic development
SECTION-XXI 884 CHAPTER-98
of the country, hereby notifies each of the projects specified below as a project for the purpose of assesment
under the said heading.
27. LNG Terminal Project of M/s Hazira LNG Private Limited at Hazira (Gujarat).
28. Mandra-Kandla Crude Oil Pipeline Project.
29. Panipat-Rewari Product Pipeline Project.
30. Project for conversion of Kandla-Panipat Section of Kandla-Bhatinda Pipeline Project into
Crude Oil service.
SECTION-XXI 885 CHAPTER-98
EXEMPTION NOTIFICATIONS
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts
the goods specified in column (2) of the Table hereto annexed and falling under heading No.98.03 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975), when imported into India by a passenger as baggage,
from so much of that portion of the duty of customs leviable thereon under the said First Schedule, as is in excess
of the amount calculated at the rate specified in the corresponding entry in column (3) of the said Table, but
for the classification of such goods under heading No.98.03 of the said First Schedule, subject to the conditions,
if any specified in the corresponding entry in column (4) of the said Table.
TABLE
S.No. Description Rate Condition
(1) (2) (3) (4)
1. The Following, namely:- Rate specified Conditions, if
(I) Goods specified in the notification of the Government in the said any, specified
of India in the Ministry of Finance (Department of Revenue notifications in the said
and Banking or Department of Revenue and insurance or notifications
SECTION-XXI 886 CHAPTER-98
(III) The goods specified against item Nos. A and B of the Table
to the notification of the Government of India in the Ministry of
Finance (Department of Revenue) No.37/96-Customs, dated the
23rd July, 1996.
Exemption to one laptop computer when imported into India by a passenger of the age of 18 years
or above:
[Notfn. No. 11/04-Cus. dt. 8.1.2004]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts one laptop computer (notebook computer) falling under tariff item 98030000 of the First Schedule
to the Customs Tariff Act, 1975 (51 of 1975) when imported into India by a passenger of the age of 18 years
or above (other than member of crew ) from whole of the duty of Customs leviable thereon under the
First Schedule to the said Customs Tariff Act.
2. This notification shall come into force on and from the 9th day of January 2004.
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
SECTION-XXI 887 CHAPTER-98
1962), the Central Government, being satisfied that is is necessary in the public interest so to do, hereby exempts
Water Supply Projects, falling under heading 9801 of the First Schedule to the Customs Tariff Act, 1975 (51
of 1975), from the whole of the duty of customs leviable thereon under the said First Schedule, and from whole
of the additional duty leviable thereon under section 3 of the said Customs Tariff Act.
Explanation: Water Supply project includes a plant for desalination, demineralization or purification
of water or for carrying out any similar process or processes intended to make the water fit for agricultural
or industrial use.
2. This notification shall come into force on the 9th day of January, 2004
Notwithstanding anything contained in section 25 of the Customs Act, barge mounted power plants,
falling under heading 98.01 of the First Schedule to the Customs Tariff Act, shall be deemed to have been
exempted from the whole of the additional duty of customs leviable thereon under sub-section ( 1) of section
3 of the Customs Tariff Act, within the period commencing from the 8th December, 2000 and ending with the
28th February, 2002 (both the dates inclusive) and accordingly, notwithstanding anything contained in any
judgment, decree or order of any court, tribunal or other authority, barge mounted power plants shall be deemed
to be, and always to have been, exempted from the said additional duty of customs as if the exemption given
by this sub-section had been in force at all material times.
(2) For the purposes of sub-section ( 1), the Central Government shall have and shall be deemed to have
the power to exempt the goods referred to in the said sub-section with retrospective effect as if the Central
Government had the power to exempt the said goods under sub-section ( 1) of section 25 of the Customs Act,
retrospectively at all material times.
(3) Refund shall be made of all such additional duty of customs which have been collected but which would
have not been so collected if the exemption referred to in sub-section ( 1) had been in force at all material times.
(4) Notwithstanding anything contained in section 27 of the Customs Act, an application for the claim of
refund of the additional duty of customs under sub-section (3) shall be made within six months from the date
on which the Finance Bill, 2002 receives the assent of the President.
Indian Customs Tariff 2018-19 - General Exemptions
cbic.gov.in/htdocs-cbec/customs/cst1920-310320/csgen-expemtns-idx-310320
Promotion Schemes
F. DEPB Scheme:
2/9
G. DFRC Scheme:
H. DFIA Scheme:
34. Exemption to goods when imported against DFIA Scheme -
Notification No. 40/06-Cus dated Cus., dated 1.5.2006.
L. EPCG Scheme:
38. Exemption to Capital goods, their components and spares when
imported against an EPCG Licence. Notification No. 97/04-
Cus., dt. 17.9.2004
39. Exemption to Specified goods when imported against an
EPCG Licence - Notification No.55/03-Cus., dated 1.4.2003.
40. Exemption to Specified goods when imported against an
EPCG Licence - Notification No.44/02-Cus., dated 19.4.2002.
41. Exemption to Capital goods, components and spares in excess of
5% of Customs duty when imported against an EPCG Licence-
Notification No.49/00-Cus., dated 27.4.2000.
42. Exemption to Capital goods when imported against an
EPCG Licence - Notification No.28/97-Cus., dated 1.4.1997.
43. Exemption to Capital goods when imported against an
EPCG Licence - Notification No.29/97-Cus., dated 1.4.1997.
44. Exemption to Capital goods when imported against an
EPCG Licence - Notification No.110/95-Cus., dated 5.6.1995.
45. Exemption to Capital goods when imported against an
EPCG Licence - Notification No. 111/95-Cus., dated 5.6.1995.
46. Exemption to components of Capital Goods when imported by a
manufacturer for supply to EPCG Licence holder - Notification No.
130/95-Cus., dated 25.8.1995.
47. Exemption to Capital goods for Service Sector when imported
against an EPCG Licence - Notification No. 122/93-Cus., dated
14.5.1993.
48. Exemption to Capital goods when imported against an
EPCG Licence - Notification No. 160/92-Cus., dated 20.4.1992.
49. Exemption to Capital goods when imported against an
EPCG Licence - Notification No. 307/92-Cus., dated 28.12.1992.
50. Exemption to goods when imported against an EPCG Scheme:
Notification No.64/08-Cus.,dated 9.5.2008.
51. Exemption to goods when imported against an EPCG Scheme:
[Notfn. No.136/08-Cus., dated 24.12.2008].
3/9
52. Exemption to goods when imported into India against a duty credit
scrip issued under the Hi-tech Product Export Promotion Scheme:
[Notfn. No. 14/09-Cus., dated 19.2.2009].
M. 100% EOU, FTZ, STP and EHTP Schemes:
53. Exemption to Specified goods when imported or procured by
EOUs, STP Units, EHTP Units etc. - Notification No. 52/03-Cus.,
dated 31.3.2003.
54. Exemption from Additional duty to goods exempted from
Customs duty when imported by 100% EOUs or Units in FTZ-
Notification No. 5/94-Cus.,dated 18.1.1994.
55. Exemption to goods imported by 100% EOUs or Units within
a FTZ - Notification No.101/93-Cus., dated 16.3.1993.
56. Exemption to Telematic infrastructural equipments imported
for the export of software by STPs - Notification No.153/93-Cus.,
dated 13.8.1993.
N. Special Economic Zones:
57. Exemption from SAD to goods imported, produced and
manufactured in SEZ Units - Notification No. 114/03-Cus., dated
22.7.2003.
Ref: For exemption to castor oil cake manufactured from indigenous
castor oil seeds by a unit in SEZ - See Notification No. 113/03-Cus.,
dated 22.7.2003 below Chapter23.
6/9
204. Exemption to goods falling under various chapters: Notifn.
No.53/11-Cus., dt. 1.7.2011
205. Exemption to goods falling under various chapters: Notifn.
No.69/2011-Cus., dt. 29.7.2011
206. Exemption to goods falling under various chapters: Notifn.
No.68/2012-Cus., dt. 31.12.2012
207. Exemption to Anti Tuberculosis Drugs etc. Notifn.
No.49/2013-Cus., dt. 29.11.2013
208. Exemption to materials imported into India Notifn.
No.1/2014-Cus., dt. 17.1.2014
209. Exemption to goods described in Schedule I and specified
in Schedule II Notifn. No.10/2014-Cus., dt. 12.5.2014.
210. Exemption to goods specified in the First Schedule to the
Customs Tariff Act. Notifn. No. 23/2014-Cus., dt. 11.7.2014.
211. Omitted
212. Exemption to Anti-Malarial drugs, Diagnostics and Medical
Products: Notifn. No.32/2014-Cus., dt. 21.11.2014
213. Exemption to all goods falling under the First Schedule to
the Customs Tariff Act, 1975 imported and intended for donation
for the relief and rehabilitation of the people affected by the floods
in the State of Jammu and Kashmir : Notifn. No.33/2014-Cus., dt.
11.12.2014.
214. Exemption to materials imported into India against a valid
Advance Authorisation issued by the Regional Authority in terms
of paragraph 4.03 of the Foreign Trade Policy : Notifn.
No.18/2015-Cus., dt. 1.04.2015.
215. Exemption to materials imported into India against a valid
Duty Free Import Authorisation issued by the Regional Authority
in terms of paragraphs 4.25 and 4.27 of the Foreign Trade Policy:
Notifn. No.19/2015-Cus., dt. 1.04.2015.
216. Exemption to materials imported into India, against a valid
Advance Authorisation for Annual Requirement (hereinafter
referred to as the said Authorisation) with actual user condition
issued by the Regional Authority in terms of Paragraph 4.06 of the
Foreign Trade Policy : Notifn. No.20/2015-Cus.,dt.1.04.2015.
217. Exemption to materials required for the manufacture of the
final goods when imported into India against advnce authorisation
for deemed Export : Notifn. No. 21/2015-Cus., dt. 1.04.2015.
218. Exemption to materials imported into India against an
Advance Authorisation issued in terms of paragraph 4.03 read
with paragraph 4.18 (i) of the Foreign Trade Policy meant for
export of a prohibited item in terms of paragraph 4.05 of the
Handbook of Procedures: Notifn. No. 22/2015-Cus., dt. 1.04.2015.
219. Exemption to goods when imported into India against a
duty credit scrip issued by the Regional Authority under the
Merchandise Exports from India Scheme : Notifn. No. 24/2015-
Cus., dt. 8.04.2015.
220. Exemption to goods when imported into India against a
Service Exports from India Scheme duty credit scrip issued by the
Regional Authority :Notifn. No. 25/2015-Cus., dt. 8.04.2015.
221. Exemption to Art Works, Antiques etc.: Notifn. No.
26/2011-Cus., dt. 1.03.2011.
7/9
222. Exemption to Anti-Retroviral Drugs (ARV Drugs)
Diagnostics and Equipments : Notifn. No. 37/2015-Cus., dt.
10.6.2015.
223. Exemption to Specimen, Models, Wall pictures and
Diagrams for instructional purposes : Notifn. No. 29/2017-Cus., dt.
30.6.2017.
224. Exemption to Works of Art Created Abroad by Indian
Artists and Sculptors : Notifn. No. 32/2017-Cus., dt. 30.6.2017.
225. Exemption to goods Tags or labels or printed bags : Notifn.
No. 34/2017-Cus., dt. 30.6.2017.
226. Exemption to Aviation Turbine Fuel in the tanks of the
aircrafts of an Indian Airline or of the Indian Air Force : Notifn. No.
35/17-Cus., dt. 30.6.2017.
227. Exemption to goods, Hand held Metal detector, Postal
Bomb detector, Explosive Container, Portable or Fixed Door
frame Metal detector, Deep search Metal or Mine detector, Mine
impactor, Mine prodder (non-magnetic) and Under Vehicle search
Mirrors : Notifn. No. 37/17-Cus., dt. 30.6.2017.
228. Exemption to imports from Bhutan and Nepal : Notifn. No.
40/17-Cus., dt. 30.6.2017.
229. Exemption to Challenge cups, trophies and medals and
prizes etc. won by Indian players : Notifn. No. 41/17-Cus., dt.
30.6.2017.
230. Exemption to the goods falling within any Chapter of the
First Schedule to the Customs Tariff Act : Notifn. No. 45/17-Cus.,
dt. 30.6.2017.
231. Exemption to re-import of goods in Fourth schedule
exported under duty drawback, rebate of duty or under bond :
Notifn. No. 47/17-Cus., dt. 30.6.2017.
232. Exemption to re-import of catering cabin equipments and
food and drink on re-importation by the aircrafts of the Indian
Airline : Notifn. No. 48/17-Cus., dt. 30.6.2017.
233. Exemption to goods falling under the Fourth schedule to
central excise act : Notifn. No. 49/17-Cus., dt. 30.6.2017.
234. Exemption to goods of the description specified in column
(3) of the First Schedule when imported into India : Notifn. No.
52/17-Cus., dt. 30.6.2017.
235. Exemption to goods imported for the purpose of organising
FIFA under 17 World Cup India, 2017 Customs duty and IGST :
Notifn. No. 75/17-Cus., dt. 13.9.2017.
236. Exemption to goods Effective rates of Customs duty
prescribed on textile products of Various Chapter : Notifn. No.
82/17-Cus., dt. 27.10.2017 as amended by 1/18, 14/18.
237. Exemption to Sports goods imported by a sports person of
outstanding eminence for training purpose exempted from IGST :
Notifn. No. 86/17-Cus., dt. 14.11.2017.
238. Exemption to goods Temporary Import of Professional
Equipment and Sports Goods under A.T.A. Carnet : Notifn. No.
4/18-Cus., dt. 18.1.2018.
239. Exemption to goods seeks to prescribe BCD rates on
certain electronic : Notifn. No. 57/17-Cus., dt. 30.6.2017 as
amended by 22/18.
240. Exemption to goods specified in the First Schedule to the
Customs Tariff Act, 1975 : Notifn. No. 13/18-Cus., dt. 2.2.2018.
8/9
241. Exemption to goods specified in the First Schedule to the
Customs Tariff Act, 1975 :Notifn. No. 59/18-Cus., dt. 21.8.2018
9/9
GENERAL EXEMPTION NO. 1 900
(iv) that the imports and exports are undertaken through seaports at Mumbai, Kolkata, Cochin,
Magdalla, Kakinada, Kandla Mangalore, Marmagoa, Chennai, Nhava Sheva, Paradeep, Pipavav, Sikka,
Tuticorin, Visakhapatnam, Dahej, Mundhra, Nagapattinam, Okha, Bedi (including Rozi-Jamnagar), Muldwarka,
Porbander, Dharamtar, Vadimar, Haldia (Halida Dock Complex of Kolkata Port) Krishnapatnam and Ennore
(Tamilnadu), Karaikal (Union territory of Puducherry) and Kattupalli (Tamil Nadu) or through any of the
airports at Ahmedabad, Bangalore, Bhubaneswar, Mumbai, Kolkata, Coimbatore, Delhi, Hyderabad, Jaipur,
Chennai, Srinagar, Trivandrum, Varanasi, Nagpur, Cochin, Rajasansi (Amritsar) , Lucknow (Amausi), Indore
and Dabolim (Goa) and Visakhapatnam or through any of the Inland Container Depots at Agra, Bangalore,
GENERAL EXEMPTION NO. 1 901
Coimbatore, Delhi, Faridabad, Gauhati, Guntur, Hyderabad, Jaipur, Jallandhar, Kanpur, Ludhiana, Moradabad,
Nagpur, Pimpri (Pune), Pitampur (Indore), Surat, Tirupur, Varanasi, Nasik, Rudrapur (Nainital), Dighi (Pune),
Vadodara, Daulatabad (Wanjarwadi and Maliwada), Waluj (Aurangabad), Talegoan(District Pune), Dhannad
Rau (District Indore),Kheda (Pithampur, District Dhar), Patli (Gurgaon), Irugur Village (Tamil Nadu),
Thudiyalur (Tamil Nadu), Chettipalayam (Tamil Nadu) and Veerapandi (Tamil Nadu), Marripalem Village in
Taluk of Edlapadu, District Guntur and Tondiarpet (TNPM), Chennai and Irungattukottai, SIPCOT
IndustrialPark, Kattrambakkam Village, Sriperumbudur Taluk, Kanchipuram District, Tamil Nadu, Anaparthy
(Andhra Pradesh), Salem, Malanpur, Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai,
Bhilwara, Pondicherry, Garhi Harsaru, Bhatinda, Dappar (Dera Bassi), Chheharata (Amritsar), Karur, Miraj,
Rewari, Bhusawal, Jamshedpur, Surajpur, Dadri, Tuticorin, Kundli, Bhadohi, Raipur, Mandideep (District
Raisen), Durgapur (Export Promotion Industrial Park), Babarpur and Loni (District Gaziabad) or through
the Land Customs Station at Ranaghat, Singhabad, Raxaul, Jogbani, Nautanva (Sonauli), Petrapole, Mahadipur,
Nepalganj Road, Dawki, Agartala, Sutarkhandi, Amritsar Rail Cargo, Attari Road, Hilli, Ghojadanga and
Changrabandha or Special Economic Zone as specified in the notification issued under section 76A of the
Customs Act, 1962 (52 of 1962).
Provided that the Commissioner of Customs may, by special order, or by a Public Notice, and
subject to such conditions as may be specified by him, permits import and export from any other seaport/
airport/inland container depot or through any land customs station;
(v) that the export obligation as specified in the said licence or authorisation (both in value and
quantity terms) is discharged within the period specified in the said licence or authorisation or within such
extended period as may be granted by the Licensing Authority or Regional Authority by exporting resultant
products, manufactured in India which are specified in the said licence or authorisation and in respect of
which facility under rule 18 *(rebate of duty paid on materials used in the manufacture of resultant product)
or sub-rule (2) of 19 of the Central Excise Rules, 2002 has not been availed :
Provided that an Advance Intermediate Licence holder shall discharge export obligation by supply-
ing the resultant products to exporter in terms of Paragraph 4.1.3 (b) of the Foreign Trade Policy;
(vi) that the importer produces evidence of discharge of export obligation to the satisfaction of the
Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, within a
period of 30 days of the expiry of period allowed for fulfilment of export obligation, or within such extended
period as the said Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may
be, may allow;
(vii) that the said licence or authorisation and the materials shall not be transferred or sold;
Provided further that where the Bond filed under condition (iii) against the said licence or authorisation
has been redeemed by the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the
case may be, the unutilised material may be transferred to any other manufacturer except to the unit availing
the benefit of notifications 49/03-CE and 50/03-CE both dated 10.6.03, 32/99-CE dated 8.7.1999, 33/99-CE
dated 8.7.1999, 8/04-CE dated 21.1.2004, 20/07-CE dated 25.4.2007,56/02-CE dated 14.11.2002,57/02-CE
dated 14.11.2002, 71/03-CE dated 9.9.2003, 56/03-CE dated 25.6.2003, 39/01-CE dated 31.7.2001 for pro-
cessing under actual user condition after complying the central excise procedure or the goods and services
tax procedure relating to job work, as the case may be
(viii) that in relation to the said licence or authorisation issued to a merchant exporter,-
(a) the name and address of the supporting manufacturer is specified in the said licence and the
bond required to be executed by the importer in terms of condition (iii) shall be executed jointly by the
merchant exporter and the supporting manufacturer binding themselves jointly and severally to comply with
the conditions specified in this notification; and
(b) exempt materials are utilised in the factory of such supporting manufacturer for discharge of
export obligation and the same shall not be transferred or sold or used for any other purpose by the said
merchant exporter.
2. Where the materials are found defective or unfit for use, the said materials may be re-exported
back to the foreign supplier within three years from the date of payment of duty on the importation thereof:
Provided that at the time of re-export the materials are identified to the satisfaction of the Deputy
Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, as the materials
which were imported.
3. Notwithstanding anything contained in this notification, the actual user condition specified in condi-
tion numbers (v) and (vii) shall not be applicable in respect of authorisation issued for import of raw sugar for
imports made from the 17th February, 2009 till 30th September, 2009 and the export obligation may also be
fulfilled by procuring white sugar from any other factory with effect from the 17th February, 2009.
4. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
Explanation . – For the purposes of this notification,-
(i) “Foreign Trade Policy” means the Foreign Trade Policy 2004-2009 published vide notification of
the Government of India in the Ministry of Commerce and Industry, No.1/2004 dated the 31st August, 2004
:
(ii) “Licensing Authority or Regional Authority” means the Director General of Foreign Trade
appointed under section 6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an
officer authorized by him to grant a licence under the said Act;
(iii) “Materials” means -
(a) raw materials, components, intermediates, consumables, catalysts and parts which are re-
quired for manufacture of resultant product;
(b) mandatory spares within a value limit of ten per cent. of the value of the licence which are
required to be exported alongwith the resultant product;
(c) fuel required for manufacture of resultant product; and
(d) packaging materials required for packing of resultant product;
(iv) “manufacture” has the same meaning as assigned to it in paragraph 9.37 of the Foreign Trade
Policy.
GENERAL EXEMPTION NO. 2 903
Provided that bond shall not be necessary in respect of imports made after the discharge of export
obligation in full;
(iv) that the imports and exports are undertaken through sea ports at Mumbai, Kolkata, Cochin, Magdalla,
Kakinada, Kandla, Mangalore, Marmagoa, Madras, Nhava Sheva, Paradeep, Pipavav, Sikka, Tuticorin,
Visakhapatnam, Dahej, Mundhra, Nagapattinam, Okha, Bedi (including Rozi-Jamnagar), Muldwarka,
Porbander, Dharamtar, Vadimar and Haldia (Haldia Dock Complex of Kolkata Port) and
Krishnapatnam Vadimar or through any of the airports at Ahmedabad, Bangalore, Bhubaneswar,
Mumbai, Kolkata, Coimbatore, Delhi, Hyderabad, Jaipur, Madras, Srinagar, Trivandrum, Varanasi,
Nagpur, Cochin and Rajasansi (Amritsar), Lucknow (Amausi), Indore and Dabolim (Goa) or through
any of the Inland Container Depots at Agra, Bangalore, Coimbatore, Delhi, Faridabad, Gauhati,
Guntur, Hyderbad, Jaipur, Jallandhar, Kanpur, Ludhiana, Moradabad, Nagpur, Pimpri (Pune), Pitampur
(Indore), Surat, Tirupur, Varanasi, Nasik, Rudrapur (Nainital), Dighi (Pune), Vadodara, Dauladtabad,
(Wanjarwadi and Maliwada), Waluj (Aurangabad), Anaparthy (Andhra Pradesh), Salem, Malanpur,
Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai, Bhilwara, Pondicherry, Garhi
Harsaru, Bhatinda, Dappar (Dera Bassi), Chheharata (Amritsar), Karur, Miraj, Rewari, Bhusawal,
Jamshedpur, Surajpur, Dadri, Tuticorin, Kundli, Bhadohi, Raipur, Madideep (District Raisen), Durgapur
(Export Promotion Industrial Park), Babarpur and Loni (District Gaziabad) or through the Land
Customs Station at Ranaghat,Singhabad, Raxaul, Jogbani, Nautanva (Sonauli), Petrapole, Mahadipur,
GENERAL EXEMPTION NO. 2 904
Nepalganj Road, Dawki, Agartala, Sutarkhandi, Amritsar Rail Cargo, Attari Road, Hilli, Ghojadanga
and Changrabandha or Special Economic Zone as specified in the notification issued under section
76A of the Customs Act 1962 (52 of 1962).
Provided that the Commissioner of Customs may by special order or by a Public Notice and subject
to such conditions as may be specified by him, permit import and export from any other Seaport /
Airport / Inland Container Depot or through any Land Customs Station;
(v) that the export obligation as specified in the said licence (both in value and quantity terms) is
discharged within the period specified in the said licence or within such extended period as may be
granted by the Licensing Authority by exporting resultant products, manufactured in India which
are specified in the said licence and in respect of which facility under rule 18 or rule 19 of the
Central Excise Rules, 2002 has not been availed:
Provided that an Advance Intermediate Licence holder shall discharge export obligation by supply-
ing the resultant products to ultimate exporter in terms of sub-para (b) of para 4.1.1 of the said
Export and Import Policy;
(vi) that the importer produces evidence of discharge of export obligation to the satisfaction of the
Assistant Commissioner of Customs or Deputy Commissioner of Customs within a period of 30
days of the expiry of period allowed for fulfilment of export obligation, or within such extended
period as the said Assistant Commissioner of Customs or Deputy Commissioner of Customs may
allow;
(vii) that the said licence and the materials shall not be transferred or sold;
(a) the name and address of the supporting manufacturer is specified in the said licence and the
bond required to be executed by the importer in terms of condition (ii) shall be executed jointly by
the Merchant Exporter and the supporting manufacturer binding themselves jointly and severally to
comply with the conditions specified in this notification; and
(b) exempt materials are utilised in the factory of such supporting manufacturer for discharge
of export obligation and the same shall not be transferred or sold or used for any other purpose by
the said Merchant Exporter.
2. Where the materials are found defective or unfit for use, the said materials may be re-exported
back to the foreign supplier within three years from the date of payment of duty on the importation
thereof:
Provided that at the time of re-export the materials are identified to the
satisfaction of the Assistant Commissioner of Customs or Deputy Commissioner of Customs as the
materials which were imported.
3. In a case of default in export obligation, when the duty on goods is paid to regularise the
default, the amount of interest paid by the importer shall not exceed the amount of duty if such
regularisationhas been dealt in terms of Public Notice of the Government of India in the Ministry of
Commerce No. 22 (RE-2013)/2009-2014 dated the 12th August, 2013.
GENERAL EXEMPTION NO. 2 905
Explanation:- For the purposes of this clause, "manufacture" has the same meaning as assigned to it in
paragraph 9.30 of the Export and Import Policy.
GENERAL EXEMPTION NO. 3 906
(i) that the materials imported are covered by Duty Exemption Entitlement Certificate (hereinafter
referred to as the said certificate), issued by the Licensing Authority in the form specified in the
Schedule annexed to this notification, in respect of the value, quantity, description, quality and
technical characteristics;
(ii) that the importer at the time of clearance of the imported materials executes a bond with such surety
or security and in such form and for such sum as may be specified by the Assistant Commissioner of
Customs or Deputy Commissioner of Customs binding himself to pay on demand an amount equal
to the duty leviable, but for the exemption, on the imported materials in respect of which the condi-
tions specified in this notification have not been complied with, together with interest at the rate of
fifteen percent per annum from the date of clearance of the said materials;
(As per Sec.120(1) of the Finance Bill, 2003 the rate of fifteen per cent is applicable w.e.f. 27.4.2000)
Provided that the bond shall not be necessary in respect of imports made after the discharge
of export obligation in full.
(iii) that the said licence and the said certificate are produced before the proper officer of customs at the
time of clearance for debit;
(iv) that the imports and exports are undertaken through sea ports at Mumbai, Calcutta, Cochin, Megdalla,
Kakinada, Kandla, Mangalore, Marmagoa, Madras, Nhava Sheva, Paradeep, Pipavav, Sikka,
Tuticorin, Visakhapatnam, Dehej, Nagapattinam Okha, Mundra, Jamnagar and Muldwarka or
through any of the airports at Ahmedabad, Bangalore, Bhubaneswar, Mumbai, Calcutta, Coimbatore,
Delhi, Hyderabad, Jaipur, Madras, Srinagar, Trivandrum, Varansi, Nagpur and Cochin or through
any of the Inland Container Depots at Agra, Bangalore, Coimbatore, Delhi, Faridabad, Gauhati,
Guntur, Hyderabad, Jaipur, Jallandhar, Kanpur, Ludhiana, Moradabad, Nagpur, Pimpri (Pune),
Pitampur (Indore), Surat, Tirupur, Varanasi, Nasik, Rudrapur (Nainital), Dighi (Pune), Vadodara,
Daulatabad, (Wanjarwadi and Maliwada), Waluj (Aurangabad), Anaparthy (Andhra Pradesh), Sa-
lem, Malanpur, Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai, Bhilwara,
Pondichery, Garhi Harsaru, Bhatinda, Dappar (Dera Bassi), Chheharata (Amritsar), Karur, Miraj,
GENERAL EXEMPTION NO. 3 907
Rewari, Bhusawal, Jamshedpur, Surajpur and Dadri or through the land Customs Station at Ranaghat,
Singhabad, Raxaul, Jogbani, Nautanva(Sonauli), Petrapole and Mahadipur.
Provided that the Commissioner or Customs may by special order and subject to such conditions as
may be specified by him, permit import and export through any other Seaport, Airport, or Inland
Container Depot or through the Land Customs Station.
(v) that the export obligation is discharged within the period specified in the said certificate or within
such extended period as may be granted by the Licensing Authority by exporting resultant products
manufactured in India which are specified in Part 'E' of the said certificate (hereinafter referred to as
resultant products) and in respect of which facility under rule 12(1) (b) or rule 13(1) (b) of the
Central Excise Rules, 1944 has not been availed in respect of materials permitted under the said
licence;
(vi) that the importer produces evidence of discharge of export obligation to the satisfaction of the
Assistant Commissioner of Customs or Deputy Commissioner of Customs within a period of 30
days of the expiry of period allowed for fulfillment of export obligation, or within such extended
period as the said Assistant Commissioner of Customs or Deputy Commissioner of Customs may
allow;
(vii) that the said licence and the materials shall not be transferred or sold;
(a) the name and address of the supporting manufacturer is specified in the said licence and the
said certificate and the bond required to be executed by the importer in terms of condition
(ii) shall be executed jointly by the Merchant Exporter and the supporting manufacturer
binding themselves jointly and severally to comply with the conditions specified in this
notification and
(b) exempt materials are utilised in the factory of such supporting manufacturer for discharge
of export obligation by the said merchant exporter.
2. Where the goods are found defective or unfit for use, the said goods may be re-exported back to the
foreign supplier within 3 years from the date of payment of duty on the importation thereof;
Provided at that the time of re-export the goods are identified to the satisfaction of the Assistant
Commissioner of Customs or Deputy Commissioner of Customs as the goods which were imported
3. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount ofduty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
THE SCHEDULE
DUTY EXEMPTION ENTITLEMENT CERTIFICATE
Part - 1
(Import)
Signature
Seal of licensing authority
Date _________________
PART - A
Names and addresses of the factories where the resultant products for export are manufactured.
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
PART - B
Names and addresses of factories where the ancillaries to the resultant products for export are manufactured.
___________________________________________________________________________________________________________________
GENERAL EXEMPTION NO. 3 909
___________________________________________________________________________________________________________________
PART - C
LIST OF MATERIAL OF IMPORT
(a) MATERIALS TO BE IMPORTED UNDER THIS CERTIFICATE
_____________________________________________________________________________________________________________________________________________________________________________________________
Sl. No. Item of Import Quality Technical Characteristics
__________________________________________________________________________________________________________________________________________________________________
1 2 3 4
______________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
Quantity CIF Value in Indian Rs. S.No. of the resultant
and equivalent US $ products in Part E
___________________________________________________________________________________________________________________
5 6 7
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
PART - D
PARTICULARS OF IMPORT OF MATERIALS
___________________________________________________________________________________________________________________
Sl.No. No. of the materials Bill of Entry No. date and Description. Quantity
in part - C Custom House of Import and Net weight
___________________________________________________________________________________________________________________________________
1 2 3 4 5
___________________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________________
GENERAL EXEMPTION NO. 3 910
___________________________________________________________________________________________________________________________________
(For Part E and F, Please see part 2)
PART-G
Duties paid on materials in respect of which the condition of said notification are not complied with
__________________________________________________________________________________________________________________
Sl.No. Sl. No. in Part D Description, Rate of duty Additional Duty
under which the quantity and value leviable paid on import
import of the materials of materials on which (i) Basic
has been entered duty paid (ii) Additional
___________________________________________________________________________________________________________________
1 2 3 4 5
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
Amount of Particulars of duty Signature of the Customs Officer
(i) Duty difference paying documents.
(ii) Interest
___________________________________________________________________________________________________________________
6 7 8
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
DUTY EXEMPTION ENTITLEMENT CERTIFICATE
Part - 2
II. Exports
(This consists of ......................................... pages)
Sl. No. ....................... (EXP) Date of issue ..................
Port of Registration ...............................................
Issued to ........................................................
........................................................ (Name and full address of
........................................................ the licencee)
GENERAL EXEMPTION NO. 3 911
Materials imported against licence No. ................. dated ................... issued by .............. to the
above licencee and covered by the list of materials specified in list (a) of Part 'C' of this certificate would be
eligible for exemption from Basic Customs Duty subject to the conditions specified in the notification of the
Government of India Ministry of Finance, Department of Revenue No. 51/00 - Customs, dated the 27th April,
2000.
The licencee shall discharge the export obligation in terms of the said notification within ...............
months from the date of issue of licence
A Bond with security/surety in terms of the said notification shall be executed before clearance of
the goods from the Customs.
Signature
Seal of licensing authority
Date _________________
PART - A
Names and addresses of the factories where the resultant products for export are manufactured.
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
PART - B
Names and addresses of the factories where the ancillaries to the resultant products are manufactured.
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
PART - E
Resultant Products
_____________________________________________________________________________________________________________________________________________________________________________________________
Sl. No. Description Quality Technical Characteristics
__________________________________________________________________________________________________________________________________________________________________
1 2 3 4
______________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
GENERAL EXEMPTION NO. 3 912
___________________________________________________________________________________________________________________
PART - F
PARTICULARS OF EXPORTS/SUPPLY
___________________________________________________________________________________________________________________
Sl.No. Sl.No. of the resultant Name of the Custom Shipping Bill Name of the Vessel
product in part E House of Shipment No. & Date and outward entry
of the vessel.
___________________________________________________________________________________________________________________
1 2 3 4 5
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
Quantity Net weight of Description as per FOB Value Signature of Customs
product the Shipping Bill in Rs./US$ Officer with name,
designation and seal &
remarks if any.
___________________________________________________________________________________________________________________
6 7 8 9 10
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
PART - H
Statement of Imports and Exports made
equivalent US $
___________________________________________________________________________________________________________________
1 2 3 4 5
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
Details of Exports made
_____________________________________________________________________________________________________________________
Sl.No. Sl.No. in Part E Description Quantity Exported F.O.B. Value
In Rs./In
equivalent US $
____________________________________________________________________________________________________________________________
1 2 3 4 5
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
1. I/We hereby declare that the information given in this statement is correct.
2. I/We hereby declare that no benefit under *Rule 18 or rule 19 of the Central Excise (No.2) Rules,
2001 has been availed in respect of exports made under this DEEC.
Signature ______________________________
Name of the signatory____________________
Designation ____________________________
Full Address___________________________
_____________________________________
Certificate of Chartered Accountant/Cost Accountant
I have examined the applicant firm's actual imports and exports as given above and find them as
correct.
Signature ______________________________
Seal __________________________________
Membership No. ________________________
Exemption to materials imported against a Special Advance Licence with actual user condition-
[Notifn. No.77/98-Cus. dt. 16.10.1998 as amended by Notifn. Nos. 51/99, 121/99, 120/00, 30/01, 122/01,
113/02, 125/02, 84/03,97/03, 63/04, 46/13, 26/17.]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52
of 1962), the Central Government being satisfied that it is necessary in the public interest so to do, hereby
exempts materials imported into India, against a Special Advance Licence with Actual User Condition in
terms of para 7.4 of the Export and Import Policy 1997-2002 notified by the Government of India in the
Ministry of Commerce vide Public Notice No.41 (RE-98)/1997-2002, dated the 16th September, 1998 (here-
inafter referred to as the said licence), from the whole of the duty of customs leviable thereon which is
specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) and from the whole of the
Additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff
Act, subject to the following conditions, namely:-
(i) that the materials imported are covered by the said licence and an Actual User Duty Exemption
Entitlement Certificate (hereinafter referred to as the said certificate), issued by the Licensing Au-
thority in the form specified in the Schedule annexed to this notification, in respect of quantity and
description;
Provided that the value and details of the technical specifications of the materials shall be submitted
by the importer to the Assistant Commissioner of Customs or Deputy Commissioner of Customs
having jurisdiction in the Bill of Entry and Part 'D' of the said certicate at the time of clearance;
(ii) that materials imported are required in export of the resultant electronic products made of the mate-
rials and the import of the materials is made prior to the export;
(iii) that the resultant electronic products shall be manufactured only out of the materials imported under
this notification.
(iv) that the importer at the time of clearance of the imported materials executes a bond with such surety
or security and in such form and for such sum as may be specified by the Assistant Commissioner of
Customs or Deputy Commissioner of Customs having jurisdiction binding himself to pay on de-
mand an amount equal to the duty leviable, but for the exemption, on the imported materials in
respect of which the conditons specified in this notification have not been compiled with, together
with interest at the rate of fifteen per cent per annum from the date of clearance of the said materi-
als;
(As per Sec.120(1) of Finance Act, 2003 the rate of fifteen% is applicable w.e.f. 16.10.1998)
(v) that the said licence and part 'I' of the said certificate are produced before the proper offier of
customs at the time of clearance for debit;
(vi) that the importer shall maintain the recod of imported materials and the export products in the
format as specified in the Annexure to this notification;
(vii) the Designated Officer of the Department of Electronics (hereinafter referred to as the said officer)
verifies the relevance/useability of the imported materials in the export product as well as the quan-
tity of such materials required for the manufacture of such export product. The said officer shall
also verify the actual utilisation of the imported materials in the export product as well as the
wastage in respect of export product in terms of the standard input output norms as specified in
Volume-II of the Hand Book of Procedure of the Export and Import Policy 1997-2002 (hereinafter
referred to as the Hand Book);
GENERAL EXEMPTION NO. 4 915
Provided that where such standard input output norms are not specified in the Hand Book for an
export product, the said officer shall determine and verify the relevance/useability of the imported
materials as well as the quantity of such materials required for the manufacture of such export
product. The said officer shall also verify the actual utilisation of the imported materials in such
export product as well as the wastage as is determined by him to be reasonable.
(viii) that the imports and exports are undertaken through the sea ports at Mumbai, Calcutta, Cochin,
Magdalla, Kakinada, Kandla, Mangalore, Marmagoa, Madras, Nhava Sheva, Paradeep, Pipavav,
Sikka, Tuticorin, Visakhapatnam, Dahej, Nagapattinam, Okha, Mundra, Jamnagar and Muldwarka
or through any of the airports at Ahmedabad, Bangalore, Bhubaneshwar, Mumbai, Calcutta,
Coimbatore, Delhi, Hyderabad, Jaipur, Madras, Srinagar, Trivandrum, Varanasi, Nagpur and
cochin or through any of the Inland Container Depots at Agra, Bangalore, Coimbatore, Delhi,
Faridabad, Gauhati, Guntur, Hyderabad, Jaipur, Jalandhar, Kanpur, Ludhiana, Moradabad, Nagpur,
Pimpri (Pune), Pitampur (Indore), Surat, Tirupur and Varanasi. Nasik, Rudrapur (Nainital), Dighi
(Pune), Vadodra, Daulatabad (Wanjarwadi and Maliwada), Waluj (Aurangabad), Anaparthy (Andhra
Pradesh), Salem, Malanpur, Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad,Bhiwadi, Madurai,
Bhilwada,Pondicherry, Garhi Harsaru, Bhatinda, Dappar (Dera Bassi), Chheharata (Amritsar), Karur,
Miraj, Rewari, Bhusawal, Jamshedpur, Surajpur and Dadri or through the Land Customs Station at
Ranaghat, Singhabad, Raxaul, Jogbani, Nautanva (Sonauli), Petrapole and Mahadipur.
Provided that the Commissioner of Customs, may by Special Order and subject to such conditions
as may be specified by him, permit import and export through any other Seaport, Airport, or Inland
Container Depot or through the Land Customs Station.
(ix) that the sourcing of the imported materials from private bonded warehouses set up under para 5.15
of the Export and Import Policy 1997-2002 would be allowed;
(x) that the export obligation is discharged within the period specified in the said certificate or within
such extended period as may be granted by the Licensing Authoirty by exporting resultant products
manufactured in India which are specified in Part 'E' of the said certificate (hereinafter referred to
as resultant products);
(xi) that the importer produces certificate from the said officer to the effect that the imported materials
have been actually utilised in the manufacture of resultant products and the said certificate is pro-
duced as evidance of discharge of export obligation to the Assistant commissioner of Customs or
Deputy Commisioner of Customs having jurisdiction with in a period of thirty days of the expiry of
period allowed for fulfilment of export obligation, or within such extended period as the said Assis-
tant commissioner of Customs or Deputy Commisioner of Customs may allow:
(xii) that the imported materials shall not be disposed of or utilised in any manner except for utilistion in
discharge of export obligation;
Provided that disposal of waste shall be allowed upto the limits specified in the standard input-
output norms mentioned in the said Hand Book without payment of customs duty:
Provided further that disposal of waste arising in respect of resultant product not mentioned in the
standard input output norms in the said Hand Book shall be allowed without payment of Customs
duty subject to verifiction by the said officer.
GENERAL EXEMPTION NO. 4 916
Provided also that imported materials which remain unutilised after the expiry of the export obliga-
tion period, shall be liable to customs duty but for the exemption contained in this notifiction,
together with interest at the rate of twenty four per cent per annum from the date of clearance of the
materials-
(xiii) that the importer is registered with both the Central Excise Officer deputed for this purpose and the
Electronics and software export promotion council.
2. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
THE SCHEDULE
ACTUAL USER DUTY EXEMPTION ENTITLEMENT CERTIFICATE
PART-I
(IMPORT)
(This consists of ................................ pages )
Sl.No. ....................................... (IMP) Date of Issue ................................
Port of Registration ................................................................
Issued to ................................................................
................................................................ (Name and full address
................................................................ of the Licencee)
Materials imported against Licence No....................................... dated ................................ issued
by ................................ to the above licencee and covered by the list of materials specified in list (a) of Part
'C' of this certificate would be eligible for exemption from customs duties subject to the conditions specified
in the notification of the Government of India, Ministry of Finance, Department of Revenue
No.................................... Customs, dated the ................................ 1998.
The importer shall discharge the export obligation in terms of the said notification within
................................ months from the date of issue of licence.
A Bond with surety/security in terms of the said notification, shall be executed before clearance of
the goods from the Customs.
Signature
Seal of Licensing Authority
Date
GENERAL EXEMPTION NO. 4 917
PART - A
Names and addresses of the factories where the resultant products for export are manufactured.
__________________________________________________________________________________________
__________________________________________________________________________________________
PART - B
Names and addresses of factories where the ancillaries to the resultant products for export are manu-
factured.
__________________________________________________________________________________________
__________________________________________________________________________________________
PART - C
List of materials of import
(a) Materials to be imported under this certificate
__________________________________________________________________________________________
Sl.No. Description of Quantity Sr. No. of the resultant
item of import product in part E
__________________________________________________________________________________________
1 2 3 4
__________________________________________________________________________________________
__________________________________________________________________________________________
(b) Other imported materials to be used in export product.
__________________________________________________________________________________________
Sl. No. Description Quantity
__________________________________________________________________________________________
1 2 3
__________________________________________________________________________________________
__________________________________________________________________________________________
PART - D
Particulars of import of materials
__________________________________________________________________________________________
Sl.No. Sl.No. of Bill of Entry Description Quantity
the materials in No. date and Customs and technical specifi- and net
Part -C House of import cations weight
__________________________________________________________________________________________
1 2 3 4 5
__________________________________________________________________________________________
GENERAL EXEMPTION NO. 4 918
__________________________________________________________________________________________
CIF Value ______Duty leviable but for exemption_______ Signature of
Heading No. Rate of Amount Customs Officer
of the first Schedule Duty of duty with Name,
to the Customs Tariff Designation,
Act, 1975 and Heading and Seal.
no. in the Schedule to
the Central Excise
Tariff Act, 1985 for
levy of Additional
duty.
__________________________________________________________________________________________
6 7 8 9 10
__________________________________________________________________________________________
__________________________________________________________________________________________
(Part E and F figure in the Export Part of this DEEC)
PART - G
Duties paid on materials in respect of which the conditions of said notification are not complied with
__________________________________________________________________________________________
Sl. No. Sl.No. in Part D under Description, Quantity and Rate of Duty leviable
which the import of the value of materials on which (i) Basic
materials has been entered duty paid. (ii) Additional
(iii) Others
__________________________________________________________________________________________
1 2 3 4
__________________________________________________________________________________________
__________________________________________________________________________________________
Amount of Particulars of duty paying Signature of the Customs
(i) Duty documents Officer
(ii) Interest
__________________________________________________________________________________________
5 6 7
__________________________________________________________________________________________
__________________________________________________________________________________________
ACTUAL USER DUTY EXEMPTION ENTITLEMENT CERTIFICATE
PART - 2
(EXPORT)
(This consists of ................................ pages )
Sl.No. ........................................ (EXP) Date of Issue ................................
Port of Registration .........................................................
Issued to ................................................................
................................................................ (Name and full address
................................................................ of the Licencee)
GENERAL EXEMPTION NO. 4 919
The licencee shall discharge the export obligation in terms of the said notification within
................................ months from the date of the issue of licence.
A Bond with secruity/surety in terms of the said notification, shall be executed before clearance of
the goods from the Customs.
Signature
Seal of Licensing authority
Date
PART - A
Names and addresses of the factories where the resultant products for export are manufactured.
__________________________________________________________________________________________
__________________________________________________________________________________________
PART - B
Names and addresses of factories where the ancillaries to the resultant products for export are manu-
factured.
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
GENERAL EXEMPTION NO. 4 920
PART - F
Particulars of exports
__________________________________________________________________________________________
Sl.No. Sl.No. of the Name of the Shipping Bill Name of the
resultant product in Customs House No. and date Vessel and
Part E of Shipment outward entry
of the Vessel
__________________________________________________________________________________________
1 2 3 4 5
__________________________________________________________________________________________
__________________________________________________________________________________________
Quantity Net weight Description and FOB Value Signature of Customs
of the product technical specification in Rs./US$ Officer with name,
as per the Shipping designation and Seal
Bill and Remarks, if any
__________________________________________________________________________________________
6 7 8 9 10
__________________________________________________________________________________________
__________________________________________________________________________________________
PART - H
Statement of imports and exports made
Details of imports Made :
__________________________________________________________________________________________
S.No. S.No. of Description Quantity CIF value in Rs./ in
Part C Imported equivalent US$
__________________________________________________________________________________________
1 2 3 4 5
__________________________________________________________________________________________
__________________________________________________________________________________________
Details of Exports made :
__________________________________________________________________________________________
S.No. S.No. in Description Quantity FOB value in Rs./ in
Part E exported equivalent US$
__________________________________________________________________________________________
1 2 3 4 5
__________________________________________________________________________________________
__________________________________________________________________________________________
GENERAL EXEMPTION NO. 4 921
Signature ...................................................................
Name of the signatory ..............................................
Desingation ..............................................................
Full address ...............................................................
Signature ...................................................................
Seal ...........................................................................
Membership No. ......................................................
I have verified the relevance/useability of the imported materials in the export product as well as the
quantity required as given above and certify that the imported materials have been utilised in the export
product given in part F of the said certificate (Duty Exemption Entitlement Certificate).
Signature ...................................................................
Name and designation & seal ...................................
*Corrigendum vide F.No.605/187/2001-DBK dt.22.10.2001.
ANNEXURE
__________________________________________________________________________________________________
Range and Issued for use in or in Description of the
Division/Custom relation to the manufacture of export export product/ resultant
House from product/resultant product. product.
whose jurisdic- _______________________________
tion the imported Chit No. and Quantity
materials Date
received
__________________________________________________________________________________________________
7 8 9 10
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
Name of the Shipping Re-export of defective Balance
Custom House Bill No. imported materials, if Quantity
of export and date any on payment of duty in stock
_____________________
Shipping Bill Quantity
No. and Date
__________________________________________________________________________________________________
11 12 13 14 15
__________________________________________________________________________________________________
__________________________________________________________________________________________________
Central Excise Remarks
Officer's
Initials
__________________________________________________________________________________________________
16 17
__________________________________________________________________________________________________
__________________________________________________________________________________________________
GENERAL EXEMPTION NO. 5 923
Exemption to materials imported against Advance Licence with Actual User Condition
[Notfn. No.30/97-Cus. dt.1.4.1997 as amended by Notfn. Nos. 94/97, 10/98, 51/99, 121/99, 52/00,
120/00, 30/01, 122/01, 113/02, 125/02, 84/03, 97/03, 63/04, 46/13, 26/17].
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962) the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts materials imported into India, against an Advance Licence with Actual User Condition in terms
of para 7.4 of the Export & Import Policy 1997-2002 notified by the Government of India in the Ministry of
Commerce vide Notification No. 1/1997-2002, dated the 31st March, 1997 (hereinafter referred to as the
said licence), from the whole of the duty of customs leviable thereon which is specified in the First Schedule
to the Customs Tariff Act, 1975 (51 of 1975) and from the whole of the duty of Customs leviable thereon
which is specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) and from the whole of
the additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3 of the said Customs
Tariff Act, subject to the following conditions, namely -
(i) that the materials imported are covered by an Actual User Duty Exemption Entitlement Certificate
(hereinafter referred to as the said certificate), issued by the Licensing Authority in the form speci-
fied in the schedule annexed to this notification, in respect of the value, quantity, description, quality
and technical characteristics;
(ii) that the importer at the time of clearance of the imported materials executes a bond with such
surety or security and in such form and for such sum as may be specified by the 1Assistant
Commissioner of Customs or Deputy Commissioner of Customs binding himself to pay on demand
an amount equal to the duty leviable, but for the exemption, on the imported materials in respect of
which the conditions specified in this notification have not been complied with, together with interest
at the rate of fifteen per cent per annum from the date of clearance of the said materials :
(as per C120(1) of Finance Bill 2003 the rate of 15% is applicable w.e.f. 1.4.1997).
Provided that the bond shall not be necessary in respect of imports made after the discharge of
export obligation in full;
(iii) that the said licence and the said certificate are produced before the proper officer of customs at the
time of clearance for debit;
1
(iv) that the imports and exports are undertaken through the sea ports at Mumbai, Calcutta, Cochin,2
(Magdalla,) Kakinada, Kandla, Mangalore, Marmagoa, Madras, Nhava Sheva, Paradeep, Pipavav,
Sikka, Tuticorin; Visakhapatnam Dehej, Nagapattinam, Okha, Mundra, Jamnagar and Muldwarka or
through any of the airports at Ahmedabad, Bangalore, Bhubaneshwar, Mumbai, Calcutta, Coimbatore,
Delhi, Hyderabad, Jaipur, Madras, Srinagar, Trivandrum, Varanasi, Nagpur and Cochin or through
any of the Inland Container Depots at Agra, Bangalore, Coimbatore, Delhi, Faridabad, Gauhati,
Guntur, Hyderabad, Jaipur, Jallandhar, Kanpur, Ludhiana, Moradabad, Nagpur, Pimpri (Pune), Pitampur
(Indore), Surat, Tirupur, Varanasi, Nasik, Rudrapur (Nainital), Dighi (Pune), Vadodara, Daulatabad
(Wanjarwadi and Maliwada), Waluj (Aurangabad), Anaparthy (Andhra Pradesh), Salem, Malanpur,
Singnalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai, Bhilwara, Pondichery, Garhi Harsaru,
Bhatinda, Dappar (Dera Bassi), Chheharata (Amritsar), Karur, Miraj, Rewari, Bhusawal, Jamshedpur,
Surajpur and Dadri or through the Land Customs Station at Ranaghat, Singhabad, Raxaul, Jogbani,
Nautanva (Sonauli), Petrapole and Mahadipur.
GENERAL EXEMPTION NO. 5 924
Provided that the Commissioner of Customs may by Special Order and subject to such conditions as
may be specified by him, permit import and export through any other Seaport, Airport, or Inland
Container Depot or through the Land Customs Station;
(v) that the export obligation is discharged within the period specified in the said certificate or within
such extended period as may be granted by the Licensing Authority by exporting resultants products
manufactured in India which are specified in Part 'E' of the said certificate (hereinafter referred to
as resultant products) and in respect of which facility under rule 18 or rule 19 of the Central Excise
*(No.2) Rules, 2001 has not been availed in respect of materials permitted under the said licence;
(vi) that the importer produces evidence of discharge of export obligation to the satisfaction of the 3(As-
sistant Commissioner of Customs or Deputy Commissioner of Customs) within a period of 30 days
of the expiry of period allowed for fulfilment of export obligation, or within such extended period as
the said 4(Assistant Commissioner of Customs or Deputy Commissioner of Customs) may allow;
(vii) exempt materials shall not be disposed of or utilised in any manner except for utilisation in discharge
of export obligation or for replenishment of such materials and the materials so replenished shall not
be sold or transferred to any other person;
(viii) that in relation to an Advance Licence issued to a Merchant Exporter –
(a) the name and address of the supporting manufacturer is specified in the said licence and the
said certificate and the bond required to be executed by the importer in terms of condition (ii)
shall be executed jointly by the Merchant Exporter and the supporting manufacturer binding
themselves jointly and severally to comply with the conditions specified in this notification;
and
(b) exempt materials are utilised in the factory of such supporting manufacturer in terms of
condition (vii).
Where the goods are found defective or unfit for use, the said goods may be re-exported back to the
foreign supplier within 3 years from the date of payment of duty on the importation there of.
Provided that at the time of re-export the goods are identified to the satisfaction of the Assistant
Commissioner of Customs or Deputy Commissioner of Customs as the goods which were imported.
3. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
Explanation in this Notification, -
(i) "Licensing Authority" means the Director General of Foreign Trade appointed under section
6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer
authorised by him to grant a licence under the said Act.
(ii) "Materials" means -
(a) raw materials, components, intermediates, consumables, computer software and
parts required for manufacture of resultant product specified in Part E of the said
GENERAL EXEMPTION NO. 5 925
certificate :
Provided that the benefit of this notification shall apply to import of Acetic, Anhy-
dride, Ephedrine and Pseudoephedrine only against licences issued with the approval of
Advance Licensing Committee in the office of the Director General of Foreign Trade;
(b) mandatory spares within a value limit of1 (10%) of the value of the licence which
are required to be exported alongwith the licence which are required to be exported
along with the resultant product; and
(c)packaging materials required for packing of resultant product.
Table
________________________________________________________________________________________
Sl. No. Chapter or heading or Description of goods
sub-heading or tariff item
of the First Schedule
__________________________________________________________________________________________
(1) (2) (3)
_________________________________________________________________________________________
1. 2709 00 00 Petroleum Crude
2. 2710 Motor spirit commonly known as petrol
3. 2710 High speed diesel (HSD)
4. 2710 19 20 Aviation Turbine Fuel
5. 2711 11 00 Liquefied natural gas and Natural Gas
2711 21 00
_________________________________________________________________________________________
THE SCHEDULE
ACTUAL USER DUTY EXEMPTION ENTITLEMENT CERTIFICATE
PART - 1
(IMPORT)
Signature
Seal of licensing authority
Date
PART - A
Names and addresses of the factories where the resultant products for export are manufactured.
_______________________________________________________________________________________________________
PART - B
List of Materials of Import
Names and addresses of the factories where the ancillaries to the resultant products for export are manufac-
tured.
_______________________________________________________________________________________________________
PART - C
List of materials of import
(a) Materials to be imported under this certificate
1 2 3 4
______________________________________________________________________________________
_________________________________________________________________________________________
(b) Other imported materials to be used in export product
Sl. No. Description Quantity Value
1 2 3 4
________________________________________________________________________________________
_______________________________________________________________________________________
PART - D
PARTICULARS OF IMPORT OF MATERIALS
__________________________________________________________________________________________________
Sl.No. No. of the Bill of Entry Description Quantity
materials in No. date and Customs and net
GENERAL EXEMPTION NO. 5 927
__________________________________________________________________________________________
CIF Value Duty leviable but for exemption Signature of
Heading No. Rate of Amount Customs Officer
of the First Schedule Duty of duty with Name,
to the Customs Tariff Designation,
Act, 1975 and Heading and Seal.
no. in the Schedule to
the Central Excise
Tariff Act, 1985 for
levy of Additional
duty.
__________________________________________________________________________________________
6 7 8 9 10
__________________________________________________________________________________________
__________________________________________________________________________________________
(Parts E and F figure in the Export Part of this DEEC)
PART - G
Duties paid on materials in respect of which the conditions of said notification are not complied with
__________________________________________________________________________________________
Sl. No. Sl.No. in Part D under Description, Quantity and Rate of Duty leviable
which the import of the value of materials on which (i) Basic
materials has been entered duty paid. (ii) Additional
__________________________________________________________________________________________
1 2 3 4
__________________________________________________________________________________________
__________________________________________________________________________________________
Amount of Particulars of duty paying Signature of the Customs
(i) Duty documents Officer
(ii) Interest
__________________________________________________________________________________________
5 6 7
__________________________________________________________________________________________
__________________________________________________________________________________________
ACTUAL USER DUTY EXEMPTION ENTITLEMENT CERTIFICATE
PART-2
(EXPORT)
GENERAL EXEMPTION NO. 5 928
The licencee shall discharge the export obligation in terms of the said Notification within
....................................... months from the date of issue of licence.
A Bond with surety/ security, in terms of the said Notification, shall be executed before clearances of
the goods from the customs.
Signature
Seal of licensing authority
Date
PART - A
Names and addresses of the factories where the resultant products for export are manufactured
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
PART - B
Names and addresses of the factories where the ancillaries to the Resultant products for export are manu-
factured.
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
PART - F
PARTICULARS OF EXPORTS
Sl. S. No. of the resultant Name of the Customs Shipping Bill No. Name of the Vessel
No. product in Part E House of Shipment & date and outward entry of
the vessel
1 2 3 4 5
Quantity Net weight of the Description as per the FOB Value in Signature of Customs
product Shipping Bill Rs./US$ Officer with name,
designation and Seal
and remarks, if any
6 7 8 9 10
PART - H
STATEMENT OF IMPORTS AND EXPORTS MADE
Details of Imports made :
Sl. S.No. of Description Quantity CIF Value in Rs./in equivalent
No. Part C imported US$
1 2 3 4 5
________________________________________________________________________________________
1. I/We hereby declare that information given in this statement is correct.
2. I/We hereby declare that no benefit under Rule 18 or Rule 19 of Central Excise Rules, 2001 has been
GENERAL EXEMPTION NO. 5 930
Signature................................................................
Name of the Signatory........................................
Designation............................................................
Full Address.............................................................
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts
materials imported into India, against an Advance Licence issued on or after 1st April, 1997 (hereinafter
referred to as the said licence), from the whole of the duty of customs leviable thereon which is specified in
First Schedule to the Customs Traiff Act, 1975 (51 of 1975) subject to the following conditions, namely:-
(i) that the materials imported are covered by a Duty Exemption Entitlement Certificate (hereinafter
referred to as the said certificate), issued by Licensing Authority on or after 1st April, 1997 in
the form specified in the Schedule annexed to this notification, in respect of the value, quantity,
description, quality and technical characteristics;
(ii) that the importer at the time of clearance of the imported materials executes a bond with such
surety or security and in such form and for such sum as may be specified by the Assistant
Commissioner of Customs or Deputy Commissioner of Customs binding himself to pay on de-
mand, an amount equal to the duty leviable on the imported materials but for the exemption
contained herein, in respect of which the conditions specified in this notification have not been
complied with together with interest at the rate of 15% per annum from the date of clearance of the
materials: (As per Sec. 120(1) of Finance Act, 2003 the rate of 15% is applicable w.e.f. 1.4.1997)
Provided that the Bond shall not be necessary in respect of imports made after discharge of
export obligation in full;
(iii) that the said licence and the said certificate are produced before proper officer of Customs at the
time of clearance of imported materials for debit;
(iv) that the imports and exports are undertaken through the sea ports at Mumbai, Calcutta, Cochin,
Magdalla, Kakinada, Kandla, Mangalore, Marmagoa, Madras, Nhava Sheva, Paradeep, Pipavav,
Sikka, Tuticorin and Visakhapatnam, Dahej, Nagapattinam,Okha, Mundra, Jamnagar and Muldwarka
or through any of the airports at Ahmedabad, Bangalore, Bhubaneshwar, Mumbai, Calcutta,
Coimbatore, Delhi, Hyderabad, Jaipur, Madras, Srinagar, Trivandrum, Varanasi, Nagpur and Cochin
or through any of the Inland Container Depots at Agra, Bangalore, Coimbatore, Delhi, Faridabad,
Gauhati, Guntur, Hyderabad, Jaipur, Jalandhar, Kanpur, Ludhiana, Moradabad, Nagpur, Pimpri
(Pune), Pitampur (Indore), Surat, Tirupur, Varanasi. Nasik, Rudrapur (Nainital), Dighi (Pune),
Vadodra, Daulatabad (Wanjarwadi and Maliwada), Waluj (Aurangabad), Anaparthy (Andhra
Pradesh), Salem, Malanpur, Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai,
Bhilwada, Pondicherry, Garhi Harsaru, Bhatinda, Dappar (Dera Bassi), Chheharata (Amritsar), Karur,
Miraj, Rewari, Bhusawal, Jamshedpur, Surajpur and Dadri or through the Land Customs Station at
Ranaghat, Singhabad,Raxaul, Jogbani, Nautanva (Sonauli), Petrapole and Mahadipur.
Provided that the Commissioner of Customs, may by Special Order and subject to such conditions
as may be specified by him, permit import and export through any other Seaport, Airport, or Inland
GENERAL EXEMPTION NO. 6 932
(v) that the export obligation is discharged within the period specified in the said certificate or within
such extended period as may be granted by the Licensing Authority or the Director General of
Foreign Trade, by exporting Resultant products manufactured in India which are specified in
Part E of the said certificate (hereinafter referred to as Resultant products) and the said certificate
together with evidence of discharge of export obligation to the satisfaction of the Assistant
Commissioner of Customs or Deputy Commissioner of Customs is produced within 30 days of
expiry of period allowed for fulfilment of export obligation or within such extended period as the
said Assistant Commissioner of Customs or Deputy Commissioner of Customs may allow:
Provided that an Advance Intermediate Licence holder may discharge export obligation by
supplying the Resultant products to ultimate exporter in terms of paragraph 7.5 of the Export and
Import Policy;
(vi) that exempt materials shall not be disposed of or utilised in any manner, except for utilisation in
discharge of export obligation, before the export obligation under the said licence has been
discharged in full;
Provided that Acetic Anhydride, Ephedrine and Pseudoephedrine, Vitamins, Pen-G and their de-
rivatives in respect of which the benefit of this notification is claimed shall be utilised by the
importer in his own factory or in the factory of any other manufacturer indicated in the said
certificate even after discharge of export obligation;
(vii) that where benefit of this notification is sought by a person other than the licencee, such benefit
shall be allowed against the said licence and the said certificate only if it bears endorsement of
transferability by the Licensing Authority:
Provided that benefit of this notification shall not allowed to a transferee of the licence for import
of Acetic Anhydride, Ephedrine and Pseudoephedrine.
Where the goods are found defective or unfit for use, the said goods may be re-exported back to the
foreign supplier within 3 years from the date of payment of duty on the importation thereof.
Provided that at the time of re-export the goods are identified to the satistaction of the Assistant
Commissioner of Customs or Deputy Commissioner of Customs as the goods which were imported.
3. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
(i) “Advance Licence” means an Advance Licence issued in terms of paragraph 7.3 and an Advance
Intermediate Licence issued under paragraph 7.5 of the Export and Import Policy.
(ii) “Export and Import Policy” means the Export and Import Policy 1 April, 1997 - 31 March, 2002
published vide notification of the Government of India in the Ministry of Commerce No. 1/
1997-2002 dated the 31st March, 1997.
GENERAL EXEMPTION NO. 6 933
(iii) “Licensing Authority” means the Director General of Foreign Trade appointed under section 6 of
the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised by
him to grant a licence under the said Act;
(iv) “materials” means -
(a) raw materials, components, intermediates, consumables, computer software and parts
required for manufacture of Resultant product specified in Part E of the said certificate
Provided that the benefit of this notification shall apply to import of Acetic Anhydride,
Ephedrine and Pseudophedrine only against licences issued with the approval of Advance
Licensing Committee in the office of the Director General of Foreign Trade;
(b) mandatory spares within a value limit of 10% of the licence which are required to be
exported alongwith the Resultant product; and
Materials imported against Licence No............ dated ......... issued by ................. to the above licencee and
covered by the list of materials specified list (a) of part ‘C’ of this Certificate would be eligible for exemption
from duty of Custom specified in the first schedule to the Customs Tariff Act 1975 (51 of 1975) subject to
the conditions specified in the notification of the Government of India, Ministry of Finance (Department of
Revenue), No. /97-Customs, dated the , 1997.
The importer shall discharge the export obligation in terms of the said Notification within ................
months from the date of issue of licence.
A Bond with surety/security, in terms of the said notification, .................... shall be executed
.................... before clearances of the goods from the Customs.
Signature
Seal of licensing authority
Date
Part - A
Names and addresses of the factories where the resultant products are manufactured.
______________________________________________________________________________________________________
GENERAL EXEMPTION NO. 6 934
______________________________________________________________________________________________________
Part - B
Names and addresses of factories where the ancillaries to the resultant products are
manufactured
______________________________________________________________________________________________________
______________________________________________________________________________________________________
Part - C
List of Materials of Import
(a) Materials to be imported under this certificate
______________________________________________________________________________________________________
Sl.No. Material of import Quality Technical
Characteristics
______________________________________________________________________________________________________
1 2 3 4
______________________________________________________________________________________________________
______________________________________________________________________________________________________
Quantity CIF Value in indian Rs. S.No. of the resultant
and in equivalent US $ products in Part E
______________________________________________________________________________________________________
5 6 7
______________________________________________________________________________________________________
______________________________________________________________________________________________________
Part - D
Particulars of Import of Materials
______________________________________________________________________________________________________
Sl.No. No. of the materials Bill of Entry No. Description Quantity and
in Part - C date and Customs net weight
House of Import
______________________________________________________________________________________________________
1 2 3 4 5
______________________________________________________________________________________________________
GENERAL EXEMPTION NO. 6 935
____________________________________________________________________________________________________________________________________________________________________________________________________________
_________________________________________________________________________________________
CIF Value Duty leviable but for exemption Signature of
Heading No. Rate of Amount Customs Officer
of the First Schedule Duty of duty with Name,
to the Customs Tariff Designation,
Act, 1975 and Heading and Seal.
No. in the Schedule to
the Central Excise
Tariff Act, 1985 for
levy of Additional
duty.
__________________________________________________________________________________________
6 7 8 9 10
__________________________________________________________________________________________
________________________________________________________________________________________________________________________________________________________________________________________________
(Part E & F figure in the Export Part of this DEEC)
PART - G
Duties paid on Materials in respect of which the conditions of said notification are not complied with
__________________________________________________________________________________________
Sl. No. Sl.No. in Part D under Description, Quantity and Rate of Duty leviable
which the import of the value of materials on which (i) Basic
materials has been entered. duty paid. (ii) Additional
__________________________________________________________________________________________
1 2 3 4
__________________________________________________________________________________________
__________________________________________________________________________________________
Additional Amount of Particulars of duty Signature of the Customs
Duty paid (i) Duty Difference paying documents. Officer
on import (ii) Interest
______________________________________________________________________________________________________
5 6 7 8
______________________________________________________________________________________________________
_________________________________________________________________________________________________________
Issued to
__________________________________________________________________ (Name and full
address
________________________________________________________________________ of the
licencee)
Materials imported against Licence No............ dated......... issued by ................to the above licencee and
covered by the list of materials specified in list (a) of part ‘C’ of this certificate would be eligible for exemption
from Basic Customs duty subject to the conditions specified in the notification of the Government of India,
Ministry of Finance, Department of Revenue No............................ /97-Customs dated the .........................,
1997.
The licencee shall discharge the export obligation in terms of the said Notification within ............... months
from the date of licence.
A Bond with surety/security in terms of the said notification shall be executed before clearance of the goods
from Customs.
Signature
Seal of licencing authority
Date
Part - A
Names and addresses of the factories where the resultant product are manufactured.
______________________________________________________________________________________________________
______________________________________________________________________________________________________
Part - B
Names and addresses of factories where the ancillaries to
the resultant products are manufactured.
______________________________________________________________________________________________________
______________________________________________________________________________________________________
(Part C and D figures in the Imports Part of this DEEC)
Part - E
RESULTANT PRODUCTS
______________________________________________________________________________________________________
Sl. No. Description Quality Technical Characteris
tics
______________________________________________________________________________________________________
1 2 3 4
______________________________________________________________________________________________________
GENERAL EXEMPTION NO. 6 937
______________________________________________________________________________________________________
Quantity FOB value in S.No. of the materials
Rs./US $ in Part-C
______________________________________________________________________________________________________
5 6 7
______________________________________________________________________________________________________
______________________________________________________________________________________________________
PART - F
PARTICULARS OF EXPORTS/SUPPLY
______________________________________________________________________________________________________
Sl. Sl. No. of the resultant Name of the Customs Shipping Bill Name of the vessel and
No. product in Part E House of Shipment No. & Date outward entry of the
vessel
______________________________________________________________________________________________________
1 2 3 4 5
______________________________________________________________________________________________________
_________________________________________________________________________________________________________
Quantity Net weight of the Description FOB value Signature of Customs Officer
product. as per the in Rs./US $ with name, designation and
Shipping Bill remarks if any.
______________________________________________________________________________________________________
6 7 8 9 10
______________________________________________________________________________________________________
______________________________________________________________________________________________________
PART - H
Statement of Imports and Exports/Supply made
Type of licence Licence No. Date
........................................... ........................................... ...........................................
........................................... ........................................... ...........................................
Details of Imports made
______________________________________________________________________________________________________
Sl. Sl.No. of Description Quantity C.I.F. value in Rs./
No. part C Imported In equivalent US $
______________________________________________________________________________________________________
1 2 3 4 5
______________________________________________________________________________________________________
______________________________________________________________________________________________________
Details of Exports made
GENERAL EXEMPTION NO. 6 938
______________________________________________________________________________________________________
Sl. Sl. No. in Description Quantity F.O.B. value in Rs.
No. Part E exported In equivalent US $
______________________________________________________________________________________________________
1 2 3 4 5
______________________________________________________________________________________________________
______________________________________________________________________________________________________
1. I/We hereby declare that information given in this statement are correct.
Signature_____________________________
Name of the signatory_____________________
Designation___________________________
Full Address ___________________________
Signature_____________________________
Seal _________________________________
Membership No. _______________________
____________________________________________________________________________________________
PART -I
Endoresement of Transferability
We have discharged the prescribed export obligation. We request that the licence and the DEEC may
please be made transferrable.
Signature....................................................................
Name of the Signatory ...............................................
Designation ..............................................................
Full address..............................................................
DEEC is made transferable
Signature................................................................
Seal of licensing authority..........................................
Date......................................................................
GENERAL EXEMPTION NO. 7 939
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52
of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts materials imported into India, against a Value based Advance Licence (hereinafter referred to as
the said licence) issued on or after 1st April, 1995 in terms of paragraph 49 of the Export and Import
Policy 1 April 1992 - 31 March, 1997, from the whole of the duty of Customs leviable thereon which is
specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) subject to the following condi-
tions, namely:-
(i) that the materials imported are covered by a Value based Duty Exemption Entitlement Certifi-
cate (hereinafter referred to as the said certificate), issued by the Licensing Authority on or after 1st April,
1995 in the form specified in the Schedule annexed to this notification in respect of the value, description,
quality and technical characteristics;
(ii) that the said licence and the said certificate are produced before the proper officer of customs at the
time of clearance for debit;
(iii) that the importer at the time of clearance of the imported materials -
(a) Omitted
(b) executes a bond with such surety or security and in such form and for such sum as may be
specified by the Assistant Commissioner of Customs binding himself to pay on demand, an amount
equal to the duty leviable on the imported materials but for the exemption contained herein, in respect
of which the conditions specified in this notification have not been complied with together with
interest at the rate of 15% per annum from the date of clearance of the imported materials.
(As per Sec.120(1) of Finance Bill 2003, the rate of 15% is w.e.f.19.9.1995)
Provided that the bond shall not be necessary in respect of imports made after discharge of export
obligation in full:
(iv) that the imports and exports are undertaken through the sea ports at Mumbai, Calcutta, Cochin,
Magdalla, Kakinada, Kandla, Mangalore, Marmgoa, Madras, Nhava Sheva, Paradeep, Pipavav, Sikka, Tuticorin,
Visakhapatnam, Dahej, Nagapattinam,Okha and Mundra or through any of the airports at Ahmedabad, Ban-
galore, Bhubaneshwar, Mumbai, Calcutta, Coimbatore, Delhi, Hyderabad, Jaipur, Madras, Srinagar,
Trivandrum, Varanasi, Nagpur and Cochin or through any of the Inland Container Depots at Agra, Banga-
lore, Coimbatore, Delhi, Faridabad, Gauhati, Guntur, Hyderabad; Jaipur, Jalandhar, Kanpur, Ludhiana,
Moradabad, Nagpur, Pimpri (Pune), Pitampur (Indore), Surat, Tirupur Varanasi, Nasik, Rudrapur (Nainital),
Dighi (Pune), Vadodara, Daulatabad (Wanjarwadi and Maliwada), Waluj (Aurangabad), Anaparthy (Andhra
Pradesh), Salem, Malanpur, Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai, Bhilwara,
Pondicherry and Garhi, Harsaru or through the Land Customs Station at Ranaghat , Singhabad and Raxaul
Provided that the Commissioner of Customs, may by Special Order and subject to such conditions as
may be specified by him, permit import and export through any other Seaport, Airport, or Inland Container
Depot or through a Land Customs Station.
(v) that the export obligation is discharged, within the period specified in the said certificate or within
such extended period as may be granted by the Licensing Authority, by exporting goods manufactured in
India and the importer produces the said certificate together with evidence of discharge of export obligation
GENERAL EXEMPTION NO. 8 941
to the satisfaction of the Assistant Commissioner of Customs or Deputy Commissioner of Customs within a
period of 30 days of the expiry of period allowed for fulfilment of export obligation or within such extended
period as the said Assistant Commissioner of Customs may allow;
(vi) exempt materials shall not be disposed of or utilized in any manner, except for utilisation in discharge
of export obligation, before the export obligation under the said licence has been discharged in full;
Provided that the Acetic Anhydride, Ephedrine and Pseudoephedrine Vitamins, Pen-G and their
derivatives in respect of which the benefit of this notification is claimed shall be utilised by the importer in his
own factory or in the factory of any other manufacturer indicated in the said certificate even after discharge
of export obligation:
(vii) where benefit of the notification is sought by a person other than the licencee, such benefit shall be
allowed against the said licence and the said certificate only if it bears endorsement of transferrability by the
Licensing Authority.
Provided that benefit of this notification shall not be allowed to a transferee of licence for import of
Acetic Anhydride, Ephedrine and Pseudoephedrine.
(viii) notwithstanding anything contained in conditions (vi) and (vii) above, the endorsement of transfer-
ability or disposal of materials shall be allowed in respect of liecences issued for the export of all kinds of
writing instruments (including gift sets and refills/nibs) on fulfilment of export obligation only in favour of
manufacturer of writing instruments.
2. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
Explanations:- In this notification,-
(i) "Export and Import Policy 1 April, 1992 - 31 March 1977" means the Export and Import Policy
1 April 1992 - 31 March 1997 (Revised Edition: March 1995) published vide notification of the Government of
India in the Ministry of Commerce No. 1-(RE-95)/92-97 dated the 31st March, 1995.
(ii) "Licensing Authority" means the Director General of Foreign Trade appointed under Section 6 of
the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised by him to
grant a licence under the said Act;
(iii) "Materials" means -
(a) raw materials, components, intermediates, consumables,computer software and parts re-
quired for manufacture of export product specified in Part 'E' of the said certificate (hereinafter in this
Explanation, referred to as the export product):
Provided that in the case of electronic goods and all kinds of writing instruments (including gift sets
and refills/nibs), all export items covered by one serial number in the Standard Input Output and Value
Addition norms as contained in Handbook of Procedures, 1992-97, Volume-II Published vide Public Notice
No.121(PN)/92-97, dated the 31st March, 1993, of the Government of India in the Ministry of Commerce,
shall be deemed to be single export product:
Provided further that the benefit of this notification shall apply to import of Acetic Anhydride only
against licences, together with the quantity required for manufacture of the export product mentioned therein,
issued with the approval of Advance Licensing Committee in the office of the Director General of Foreign
Trade;
(b) mandatory spares, within a value limit of 5% of the value of the licence, which are required
to be exported along with the export product; and
GENERAL EXEMPTION NO. 8 942
Issued to
_________________________________________________________________ (Name and full
address
_________________________________________________________________________ of the
licencee)
PART B
Names and addresses of factories where the ancillaries to the resultant products for exports are
manufactured.
__________________________________________________________________________________________________________
___________________________________________________________________________________________________
PART C
LIST OF ITEMS OF IMPORT
____________________________________________________________________________________________________
Total Value =
(b) OTHER IMPORTED ITEMS TO BE USED IN EXPORT PRODUCT
________________________________________________________________________________________________________
Sl.No. Description Quantity Value
____________________________________________________________________________________________________________
1 2 3 4
_____________________________________________________________________________________________
_____________________________________________________________________________________________
PART D
PARTICULARS OF IMPORT OF MATERIALS
________________________________________________________________________________________________________________
S.No. No. of Bill of Entry No. Description Quantity CIF
the materials date and Custom and net Value
House of import weight
______________________________________________________________________________________________________________________________
1 2 3 4 5 6
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
Duty leviable but for exports Signature of the
Customs Officer with Name,
______________________________________________________________________________________
Heading No. of the First Rate of duty Amount of designation and seal
Schedule to the Customs Basic duty
Tariff Act, 1975 and Heading
No. in the Schedule to the
Central Excise Tariff Act,1985
for levy of additional duty
_________________________________________________________________________________________________________
7 8 9 10
_______________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
(Part E & F figure in the Export Part of this DEEC)
PART G
Duties paid on materials in respect of which the condition of said notification are not complied with
___________________________________________________________________________________________________________
GENERAL EXEMPTION NO. 8 944
_____________________________________________________________________________________________________________
VALUE BASED DUTY EXEMPTION ENTITLEMENT CERTIFICATE
II-EXPORT
Issued to
.............................................................
............................................................. (name and full address of the licencee)
The importer shall make the exports in terms of the said Notification within .......................................
months from the date of issue of licence.
A Bond in terms of the said notification shall be executed before clearance of the goods from the
customs.
Signature
Seal of licensing authority
Date
PART - A
Name and address of the factories where the resultant products for export are manufactured
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
PART - B
Name and address of factories where the ancillaries to the resultant products for export are manu-
factured.
GENERAL EXEMPTION NO. 8 945
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
(Part C and D figures in the Import Part of this DEEC)
PART - E
RESULTANT PRODUCTS
_________________________________________________________________________________________________________
Sl.No. Description Quality Technical Characteristics
_________________________________________________________________________________________________________
1 2 3 4
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
Quantity FOB Value in Rs./US$ S.No. of the materials in Part-C
_________________________________________________________________________________________________________
5 6 7
__________________________________________________________________________________________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________
PART - F
PARTICULARS OF EXPORTS
______________________________________________________________________________________________________
Sl. Sl. No. of the resultant Name of the Customs Shipping Bill Name of the vessel and
No. product in Part E House of Shipment No. & Date outward entry of the
vessel
______________________________________________________________________________________________________
1 2 3 4 5
______________________________________________________________________________________________________
_________________________________________________________________________________________________________
Quantity Net weight of the Description FOB value Signature of Customs Officer
product. as per the in Rs./US $ with name, designation and
Shipping Bill remarks if any.
______________________________________________________________________________________________________
6 7 8 9 10
______________________________________________________________________________________________________
______________________________________________________________________________________________________
PART - H
Statement of Imports and Exports Made
Type of licence Licence No. Date
........................................... ........................................... ...........................................
........................................... ........................................... ...........................................
Details of Imports made
GENERAL EXEMPTION NO. 8 946
______________________________________________________________________________________________________
Sl. Sl.No. of Description Quantity C.I.F. value in Rs./
No. part C Imported In equivalent US $
______________________________________________________________________________________________________
1 2 3 4 5
______________________________________________________________________________________________________
______________________________________________________________________________________________________
Details of Exports made
______________________________________________________________________________________________________
Sl. Sl. No. in Description Quantity F.O.B. value in Rs.
No. Part E exported In equivalent US $
______________________________________________________________________________________________________
1 2 3 4 5
______________________________________________________________________________________________________
______________________________________________________________________________________________________
1. I/We hereby declare that information given in this statement is correct.
Signature
Name of the Signatory
Designation
Full Address
PART - I
Endoresement of Transferability
We have discharged the prescribed export obligation. We request that the licence and the DEEC may please
be made transferable.
Signature
Name of the signatory
Designation
Full Address
DEEC is made transferable
Signature
Seal of licensing authority
Date
GENERAL EXEMPTION NO. 9 947
(i) that the materials imported are covered by a Quantity Based Duty Exemption Entitlement
Certificate (hereinafter referred to as the said certificate), issued by the Licensing Authority on or after
1st April, 1995 in the form specified in the Schedule annexed to this notification, in respect of the value, quantity,
description, quality and technical charateristics;
Provided that where the quantity allowed for a particular description of material cannot be
imported within the specified value under the said Certificate, the Commissioner of Customs may allow
adjustment of individual value within total value;
(ii) that the importer at the time of clearance of the imported materials -
(a) Omitted
(b) executes a bond with such surety or security and in such form and for such sum as may be
specified by the Assistant Commissioner of Customs or Deputy Commissioner of Customs binding
himself to pay on demand, an amount equal to the duty leviable on the imported material but for the
exemption contained therein, in respect of which the conditions specified in this notification have not
been complied with together with interest at the rate of 15% per annum from the date of clearance of
the materials: (As per Sec.120(1) of Finance Bill 2003, the rate of 15% is w.e.f. 19.9.1995)
Provided that the bond or legal undertaking shall not be necessary in respect of imports
made after discharge of export obligation in full,
(iii) that the said licence and the said certificate are produced before the proper officer of Customs at the
time of clearance of imported goods for debit,
(iv) that the imports and exports are undertaken through the sea ports at Mumbai, Calcutta, Cochin,
Magdalla, Kakinada, Kandla, Mangalore, Marmagoa, Madras, Nhava Sheva, Paradeep, Paradeep, Pipavav,
Sikka, Tuticorin, Visakhapatnam, Dahej, Nagapattinan, Okha and Mundra or through any of the airports at
Ahmedabad, Bangalore, Bhubaneshwar, Mumbai, Calcutta, Coimbatore, Delhi, Hyderabad, Jaipur, Madras,
Srinagar, Trivandrum, Varanasi, Nagpur and Cochin or through any of the Inland Container Depots at
Agra, Bangalore, Coimbatore, Delhi, Faridabad, Gauhati, Guntur, Hyderabad; Jaipur, Jalandhar, Kanpur,
Ludhiana, Moradabad, Nagpur, Pimpri (Pune), Pitampur (Indore), Surat, Tirupur Varanasi, Nasik, Rudrapur
(Nainital), Dighi (Pune), Vadodara, Daulatabad (Wanjarwadi and Maliwada), Waluj (Aurangabad), Anaparthy
(Andhra Pradesh), Salem, Malanpur, Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai,
Bhilwara, Pondicherry and Garhi Harsaru or through the Land Customs Station at Ranaghat, Singhabad and
Raxaul.
GENERAL EXEMPTION NO. 9 948
Provided that the Commissioner of Customs, may by Special Order and subject to such conditions as
may be specified by him, permit import and export through any other Seaport, Airport, or Inland Container
Depot or through the Land Customs Station.
(v) that the export obligations is discharged, within the period specified in the said certificate or within
such extended period as may be granted by the Licencing Authority or the Director General of Foreign Trade,
by exporting goods manufactured in India and the said certificate bearing an endorsement of the Licencing
Authority evidencing discharge of export obligation to the satisfaction of the Assistant Commissioner of
Customs or Deputy Commissioner is produced within 30 days of the expiry of period allowed for fulfilment
of export obligation or within such extended period as said Assistant Commissioner of Customs or Deputy
Commissioner of Customs may allow;
(vi) exempt materials shall not be disposed of or utilized in any manner, except for utilisation in discharge
of export obligation, before the export obligation under the said licence has been discharged in full;
Provided that the Acetic Anhydride, Ephedrine and Pseudoephedrine, Vitamin Pen-G and their de-
rivatives in respect of which the benefit of this notification is claimed shall be utilised by the importer in his
own factory or in the factory of any other manufacturer indicated in the said certificate even after discharge
of export obligation:
(vii) where benefit of this notification is sought by a person other than the licencee, such benefit shall be
allowed against the said licence and the said certificate only if it bears endorsement of transferability by the
Licensing Authority.
Provided that benefit of this notification shall not be allowed to a transferee of licence for import of
Acetic Anhydride, Ephedrine and Pseudoephedrine.
2. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
Explanations:- In this notification,-
(i) "Advance Licence" means the Quantity based Advance Licence issued in terms of para-
graph 50 and Quantity based Advance Intermediate Licence issued under paragraph 55 of the Export and
Import Policy, April-1992-March, 1997;
(ii) "Export and Import Policy April, 1992 - March 1997" means the Export and Import Policy 1
April 1992 - 31 March 1997 published vide notification of the Government of India in the Ministry of Com-
merce No. 1-(RE-95)/92-97 dated the 31st March, 1995.
(iii) "Licensing Authority" means the Director General of Foreign Trade appointed under Section 6 of
the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised by him to
grant a licence under the said Act;
(a) raw materials, components, intermediates, consumables,computer software and parts re-
quired for manufacture of export product specified in Part E of the said certificate (hereinafter in
this Explanation, referred to as the export product); or, in case of Quantity based Advance Interme-
diate Licence, for manufacture and supply to holder of a Special Imprest Licence for producing
final goods referred to in sub-clauses (b), (c) and (d) of clause (iii) of the Explanation in the notifica-
GENERAL EXEMPTION NO. 9 949
tion of the Government of India in the Ministry of Finance (Department of Revenue), No. 128/94-
Customs, dated the 10th June, 1994:
Provided that the benefit of this notification shall apply to import of Acetic Anhydride, only
against licences, issued with the approval of Advance Licensing Comittee in the office of the Direc-
tor General of Foreign Trade;
(b) mandatory spares, within a value limit of 5% of the value of the licence, which are required
to be exported alongwith the export product; and
(c) packaging materials required for packing of export product.
THE SCHEDULE
QUANTITY BASED DUTY EXEMPTION ENTITLEMENT CERTIFICATE
I -(IMPORT)
(This consists of _______________________________ pages)
Serial No. _______________(IMP) Date of issue ____________
Port of registration: ________________________
Issued to
____________________________________
____________________________________
(name and full address of the licencee)
Materials imported against Licence No._______________________________dated the
_________________issued by __________________________________to the above importer and
covered by the list of materials specified in list (a) of Part 'C' of this Certificate would be eligible for
exemption from Basic Customs duty subject to the conditions specified in the notification of the Govern-
ment of India, Ministry of Finance, Department of Revenue No. /95-Customs dated .........
The importer shall make the exports in terms of the said notification within ................... months
from the date of issue of licence.
A bond in terms of the said notification shall be executed before the clearances of the goods from
the Customs.
Signature
Seal of licensing authority
Date:
Bond/Legal undertaking executed on _____________________________for
Rs._________(Rupees__________________________) and registered under S.No._____with this
office.
It has been verified that the export obligations has been discharged in full. Therefore requirement of
Bond/Legal undertaking is waived.
(Strike off inapplicable portion)
Signature
Seal of licensing authority
Date:
GENERAL EXEMPTION NO. 9 950
PART A
Names and addresses of the factories where the resultant products for exports are manufactured.
__________________________________________________________________________________________________________
___________________________________________________________________________________________________
PART B
Names and addresses of the factories where the ancillaries to the resultant products for exports are
manufactured.
__________________________________________________________________________________________________________
___________________________________________________________________________________________________
PART C
LIST OF ITEMS OF IMPORT
(a) ITEMS TO BE IMPORTED UNDER THIS CERTIFICATE
__________________________________________________________________________________________________________________
Sl.No. Item of Import Quality Technical Quantity CIF Value in S.No. of the
characteristics Indian Rs. & resultant
in equivalent products in
US $ Part E
__________________________________________________________________________________________________________________
1 2 3 4 5 6 7
__________________________________________________________________________________________________________________
____________________________________________________________________________________________________
(b) OTHER IMPORTED ITEMS TO BE USED IN EXPORT PRODUCT
________________________________________________________________________________________________________
Sl.No. Description Quantity Value
____________________________________________________________________________________________________________
1 2 3 4
_____________________________________________________________________________________________
_____________________________________________________________________________________________
PART D
PARTICULARS OF IMPORTS OF MATERIALS
________________________________________________________________________________________________________________
Sl.No. No. of Bill of Entry No. Description Quantity CIF
the materials date and Custom and net Value
in Part C House of import weight
______________________________________________________________________________________________________________________________
1 2 3 4 5 6
______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Duty leviable but for exemption
Heading No. of the First Rate of duty Amount of Signature of the
Schedule to the Customs (i) Basic (i) duty Customs Officer with name,
Tariff Act, 1975 and Hading (ii) Additional (ii) interest designation and seal
GENERAL EXEMPTION NO. 9 951
__________________________________________________________________________________________________________________
(Part E & F figure in the Export Part of this DEEC)
PART G
Duties paid on materials in respect of which the condition of the said notification are not complied with
___________________________________________________________________________________________________________
S.No. S.No. in Descriptions Rate of duty Amount Particulars Signature
Part D quantity and leviable of of duty of the
under value of i) Basic i) duty paying Customs Officer
which the materials ii) Additional ii) Interest documents
import of on which
the mate- duty
rials has paid
been
entered
___________________________________________________________________________________________________________
1 2 3 4 5 6 7
___________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
QUANTITY BASED DUTY EXEMPTION ENTITLEMENT CERTIFICATE
II. EXPORTS
_________________________________________________________________________________________________________
PART - B
Name and addresses of factories where the ancillaries to the resultant products for export are manu-
factured.
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
(Part C and D figures in the Imports Part of this DEEC)
PART - E
RESULTANT PRODUCTS
_________________________________________________________________________________________________________
Sl.No. Description Quality Technical Characteristics
_________________________________________________________________________________________________________
1 2 3 4
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
Quantity FOB Value in Rs./US$ S.No. of the materials in Part-C
_________________________________________________________________________________________________________
5 6 7
__________________________________________________________________________________________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________
PART - F
PARTICULARS OF EXPORTS
_________________________________________________________________________________________________________
Sl.No. Sl.No. of the Name of the Customs Shipping Bill No. Name of the vessel
resultant pro- House of Shipment and Date and outward entry of the
GENERAL EXEMPTION NO. 9 953
_________________________________________________________________________________________________________
Quantity Net weight of the export Description as FOB Signature of Customs
product per the Shipping value in Officer with name,
Bill Rs./US $ designation and seal
& remarks, if any
_________________________________________________________________________________________________________
6 7 8 9 10
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
PART - H
STATEMENT OF IMPORTS AND EXPORTS/SUPPLY MADE
_________________________________________________________________________________________________________
Details of Exports Made
_________________________________________________________________________________________________________
Sl.No. Sl.No. of Description Quantity FOB Value
part E Exported In Rs./In Equivalent US $
_________________________________________________________________________________________________________
1 2 3 4 5
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
1. I/We hereby declare that information given in this statement are correct.
GENERAL EXEMPTION NO. 9 954
Signature
Name of the signatory
Designation
Full Address
I have examined the applicant firm's actual imports and exports as given above and find them as correct.
Signature
Seal
Membership No.
_________________________________________________________________________________________________________
PART - I
Endoresement of Transferability
We have discharged the prescribed export obligation. We request that the licence and the DEEC may please
be made transferable.
Signature
Name of the signatory
Designation
Full Address
DEEC is made transferable
Signature
Seal of licensing authority
Date
GENERAL EXEMPTION NO. 10 955
Material imported into India against Special Value Based Advance Licence for export of readymade
garments.
[Notfn. No. 106/95-Cus. dt. 2.6.1995 as amended by Notfn. No. 142/95, 5/96, 27/96, 46/13, 26/17]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts
materials imported into India against Special Value Based Advance Licence (hereinafter referred as the
said licence) for the export of readymade garments (other than leather garments) issued under Scheme
'A' contained in Appendix XXII-A of the Handbook of Procedure 1 April 1992 - 31 March 1995, Vol.I (Revised
Edition : April, 1995) published in terms of paragraph 53 of the Export and Import Policy by the Government
of India in the Ministry of Commerce vide Public Notice No.292/(PN)92-97 dated the 30th April, 1995, from
the whole of the duty of Customs leviable thereon which is specified in the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975) and from the whole of the additional duty leviable thereon under sub-sections
(1), (3) and (5) of section 3 of the said Customs Tariff Act, subject to the following conditions, namely:-
(1) Material imported are covered by a Value Based Duty exemption Entitlement Certificate (hereinafter
referred to as the said certificate) issued by the Licencing Authority in the form specified in the
Schedule annexed to this notification;
(5) The exempt materials shall be utilised only for the discharge of export obligation and no part thereof
shall be disposed of or utilised in any other manner.
Provided that after discharge of export obligation in full, the exempt materials may be
processed by the importer in his own factory for manufacture of any other goods.
2. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
(i) "Export and Import Policy" means Export and Import Policy 1 April 1992 - 31 March, 1997
(Revised Edition : March, 1995) published vide notification of Government of India in the
Ministry of Commerce notification No.1 (RE-95)/92-97 dated the 31st March, 1995.
(ii) "Licencing authority" means the Director General, Foreign Trade appointed under the Foreign
Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised by him
to grant a licence under the said Act,
tapes.
16. Polywadding.
17. Buttons.
18. All types of fasteners including snap fasterners and press fasteners.
19. Zip fasteners (slide fasteners).
20. Badges including embroidered badges.
21. Elastic bands.
22. Stones, sequins and beads required for embroidery.
23. Quilted wadding.
THE SCHEDULE
VALUE BASED DUTY EXEMPTION ENTITLEMENT CERTIFICATE
SPECIAL SCHEME A FOR READYMADE GARMENTS
(OTHER THAN LEATHER GARMENTS)
I. IMPORT
PART - A
Names and addresses of the factories where the resultant products for export are manufactured.
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
PART - B
Names and addresses of factories where the ancillaries to the resultant products for export are manufactured.
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
GENERAL EXEMPTION NO. 10 958
PART - C
LIST OF ITEMS OF IMPORT
____________________________________________________________________________________________________________________________________________________________________________________________________________________
Sl.No. Item of Import Quality Technical Characteristics
__________________________________________________________________________________________________________________________________________________________________
1 2 3 4
______________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
Quantity CIF Value in Indian Rs. and S.No. of the resultant products
equivalent US $ in Part E
___________________________________________________________________________________________________________________
5 6 7
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
Total Value =
PART - D
PARTICULARS OF IMPORT OF MATERIALS
___________________________________________________________________________________________________________________
Sl.No. No. of the materials Bill of Entry No. date and Description. Quantity and Net
in part - C Custom House of Import weight
___________________________________________________________________________________________________________________________________
1 2 3 4 5
___________________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________________
CIF Value Duty leviable but for exemption
Heading No. of the First Schedule to the Rate of duty Amount of duty
Customs Tariff Act, 1975 and Heading No. (i) Basic
in the Schedule to the Central Excise Tariff (ii) Additional.
Act, 1985 for levy of Additional duty
___________________________________________________________________________________________________________________________________
6 7 8 9
___________________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________________
Signature of the Customs Officer
with Name, Designation and Seal.
___________________________________________________________________________________________________________________________________
10
___________________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________________
(Part E & F figure in the Export Part of this DEEC)
PART - G
GENERAL EXEMPTION NO. 10 959
Duties paid on Materials in respect of which the condition of said notification are not complied
with
___________________________________________________________________________________________________________________________________
Sl.No. Sl.No. in part D under which the Description, Quantity and Rate of Duty leviable
import of the materials has been value of Materials on which (i) Basic
entered duty paid. (ii) Additional
_______________________________________________________________________________________________________________________________
1 2 3 4
_______________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________
Amount of Particulars of duty Signature of the
(i) Duty paying documents Customs Officer
(ii) Interest
_______________________________________________________________________________________________________________________________
5 6 7
_______________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________
II. EXPORT
Material imported against Licence No. _______ dated ____________ issued by _______________ to the
above importer and covered by the list of materials specified under part 'C' of this Certificate would be eligible
for exemption from customs duties subject to the conditions specified in the notification of the Government of
India, Ministry of Finance (Department of Revenue) No.106/95-Customs, dated the 2nd June, 1995.
The Importer shall make the exports in terms of the said Notification within _____________ months
from the date of issue of the said licence.
A Bond in terms of the said notification shall be executed before clearance of the goods from the
customs.
Signature
Seal of licensing authority
Date _________________
PART - A
Names and addresses of the factories where the resultant products for export are manufactured.
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
GENERAL EXEMPTION NO. 10 960
PART - B
Names and addresses of factories where the ancillaries to the resultant products for export are manufactured.
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
(Part C and D figure in the Import Part in this DEEC)
PART-E
RESULTANT PRODUCTS
__________________________________________________________________________________________________________________
Sl.No. Description Quality Technical Characteristics Quantity
___________________________________________________________________________________________________________________
1 2 3 4 5
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
FOB Value in Rs./US$ S.No. of the materials in Part C
___________________________________________________________________________________________________________________
6 7
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
PART - F
PARTICULARS OF EXPORTS
___________________________________________________________________________________________________________________
Sl.No. Sl.No. of the resultant Name of the Custom Shipping Bill Name of the Vessel
product in part E House of Shipment No. & Date and outward entry of
the vessel
___________________________________________________________________________________________________________________
1 2 3 4 5
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
Quantity Net weight of the Description as per FOB Value Signature of Customs
export product the Shipping Bill in Rs./US$ Officer with name,
designation and seal
& remarks if any
___________________________________________________________________________________________________________________
6 7 8 9 10
___________________________________________________________________________________________________________________
GENERAL EXEMPTION NO. 10 961
___________________________________________________________________________________________________________________
PART - H
Statement of Imports and Exports made
Type of Licence ________ Licence No. ________________________ Date _____________
___________________________________________________________________________________________________________________
Details of Exports made
_____________________________________________________________________________________________________________________
Sl.No. Sl.No. in Part E Description Quantity Exported F.O.B. Value
In Rs./In
equivalent
US $
____________________________________________________________________________________________________________________________
1 2 3 4 5
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
1. I/We hereby declare that the information given in this statement is correct.
2. Export goods were manufactured using materials imported under this certificate.
3. Duties on materials not used, in the export product have been paid as per details in Part G.
Signature ______________________________
Name of the signatory____________________
Designation ____________________________
Full Address___________________________
_____________________________________
Material imported into India against Special Value Based Advance Licence for the export of
readymade Garments
[Notfn. No. 107/95-Cus. dt. 2.6.1995 as amended by 140/95, 6/96, 28/96, 46/13, 26/17]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts materials imported into India against Special Value Based Advance Licence (hereinafter referred
to as the said licence) for the export of readymade garments (other than leather garments) issued under
Scheme 'B' contained in Appendix XXII-A of the Handbook of Procedure 1 April 1992 - 31 March 1995, Vol.I
(Revised Edition : April, 1995) published in terms of paragraph 53 of the Export and Import Policy by the
Government of India in the Ministry of Commerce vide Public Notice No.292/(PN)92-97 dated the 30th April,
1995, from the whole of the duty of Customs leviable thereon which is specified in the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975) and from the whole of the additional duty leviable thereon under sub-
sections (1), (3) and (5) of section 3 of the said Customs Tariff Act, subject to the following conditions, namely:-
(1) Material imported are covered by a Value Based Duty exemption Entitlement Certificate (hereinafter
referred to as the said certificate) issued by the Licencing Authority in the form specified in the
Schedule annexed to this notification;
(2) The importer has received an export order for export of readymade garments for which the foreign
buyer has opened an irrevocable Letter of Credit in freely convertible currency in favour of the
importer and the importer has in turn also opened an overseas Letter of Credit (hereinafter referred
to as the overseas Letter of Credit) for import of materials for a value not exceeding 67% of the value
of the irrevocable Letter of Credit opened by the foreign buyer.
(a) produces the said licence, certificate, and the overseas Letter of Credit for debit by proper officer of
Customs;
(b) Omitted
(c) executes a bond with such surety or security and in such form and for such sum as may be specified
by the Assistant Commissioner of Customs binding himself to pay on demand, an amount equal to
the duty leviable on the imported materials but for the exemption contained herein in respect of which
the conditions specified in this notification have not been complied with together with interest at the
rate of 24% per annum from the date of clearance of the materials
(4) That the materials imported are utilised only for the manufacture and export of goods for which
irrevocable Letter of Credit has been opened in favour of importer by the foreign buyer and no part
of such materials shall be disposed of or utilised in any other manner.
(5) That the export obligation is discharged within the period specified in the said certificate or within
such extended period as may be granted by the Licencing Authority by exporting goods manufactured
GENERAL EXEMPTION NO. 11 963
with the use of materials imported in terms of this notification and the importer produces the said
certificate together with evidence of discharge of export obligation to the satisfaction of the Assistant
Commissioner of Customs within a period of thirty days of the expiry of period allowed for fulfilment
of export obligation or within such extended period as the said Assistant Commissioner of Customs
may allow;
(6) that the imports and exports are undertaken through sea ports at Bombay, Calcutta, Cochin, Kandla,
Mangalore, Marmagoa, Madras, Nhava Sheva, Paradeep, Tuticorin and Visakhapatnam, or through
any of the airports at the Ahmedabad, Bangalore, Bombay, Calcutta, Coimbatore, Delhi, Hyderabad,
Jaipur, Madras, Srinagar, Trivandrum and Varanasi or through any of the Inland Container Depots
at Bangalore, Coimbatore, Delhi Gauhati, Hyderabad, Kanpur, Ludhiana, Moradabad, Pimpri(Pune)
and Pitampur (Indore):
Provided that the Commissioner of Customs may by special order and subject to such
conditions as may be specified by him, permit import and export through any other sea port, airport
or Inland Container Depot or through a land customs station.
2. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
(i) "Export and Import Policy" means Export and Import Policy 1 April 1992 - 31 March, 1997
(Revised Edition : March, 1995) published vide notification of Government of India in the
Ministry of Commerce notification No.1 (RE-95)/92-97 dated the 31st March, 1995.
(ii) "Licencing authority" means the Director General, Foreign Trade appointed under the
Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised
by him to grant a licence under the said Act,
(iii) "materials" means -
(a) fabrics to be actually used in the manufacture of garments to be exported to the
foreign buyer in terms of Letter of Credit opened by him in favour of importer;
(b) Trimmings and embellishments and sample yardage not exceeding 3% of the
value of overseas Letter of Credit.
THE SCHEDULE
VALUE BASED DUTY EXEMPTION ENTITLEMENT CERTIFICATE
SPECIAL SCHEME B FOR READYMADE GARMENTS
I. IMPORT
Issued to
GENERAL EXEMPTION NO. 11 964
____________________________________________
_________________________________________ (name and full address of the importer.)
Materials imported against Licence No. ____________ dated ______________ issued by ______________
to the above importer and covered by the list of materials specified under part 'C' of this Certificate would be
eligible for exemption from customs duties subject to the conditions specified in the notification of the
Government of India, Ministry of Finance (Department of Revenue) No.107/95-Customs, dated the 2nd June,
1995.
The Importer shall make the exports in terms of the said Notification within _________________
months from the date of issue of the said licence.
A bond in terms of the said notification shall be executed before clearance of the goods from the
customs.
Signature
Seal of licensing authority
Date _________________
PART - A
Names and addresses of the factories where the resultant products for export are manufactured.
________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
PART - B
Names and addresses of factories where the ancillaries to the resultant products for export are manufactured.
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
PART - C
LIST OF ITEMS OF IMPORT
____________________________________________________________________________________________________________________________________________________________________________________________________________________
Sl.No. Item of Import Quality Technical Characteristics
__________________________________________________________________________________________________________________________________________________________________
1 2 3 4
______________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
Quatity CIF Value in Indian Rs. and equivalent US $ S.No. of the resultant products in
Part E
___________________________________________________________________________________________________________________
5 6 7
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
Total Value =
PART - D
PARTICULARS OF IMPORT OF MATERIALS
GENERAL EXEMPTION NO. 11 965
___________________________________________________________________________________________________________________
Sl.No. Sl. No. of the materials Bill of Entry No. date and Description. Quantity and
in part - C Custom House of Import net weight
___________________________________________________________________________________________________________________________________
1 2 3 4 5
___________________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________________
CIF Value Duty leviable but for exemption
Heading No. of the First Schedule Rate of duty Amount of duty
to the Customs Tariff Act, 1975 and (i) Basic
Heading No. in the Schedule to the (ii) Additional.
Central Excise Tariff Act, 1985 for levy
of Additional Duty.
___________________________________________________________________________________________________________________________________
6 7 8 9
___________________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________________
Signature of the Customs Officer
with Name, Designation and Seal.
___________________________________________________________________________________________________________________________________
10
___________________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________________
(Parts E & F figure in the Export Part of this DEEC)
PART - G
Duties paid on Materials in respect of which the condition of said Notification are not complied with
___________________________________________________________________________________________________________________________________
Sl.No. Sl.No. in part D under which the Description, Quantity and Rate of Duty leviable
import of the materials has been value of Materials on which (i) Basic
entered duty paid. (ii) Additional.
_______________________________________________________________________________________________________________________________
1 2 3 4
_______________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________________________
Amount of Particulars of duty Signature of the
(i) Duty paying documents Customs Officer
(ii) Interest
_______________________________________________________________________________________________________________________________
5 6 7
_______________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________
GENERAL EXEMPTION NO. 11 966
II. EXPORT
Materials imported against Licence No. ____________ dated _________ issued by ___________ to the
above importer and covered by the list of materials specified under part 'C' of this Certificate would be eligible
for exemption from customs duties subject to the conditions specified in the notification of the Government
of India, Ministry of Finance (Department of Revenue) No.107 /95-Customs, dated the 2nd June,1995.
The Importer shall make the exports in terms of the said Notification within _____________ months
from the date of issue of the said licence.
A Bond in terms of the said notification shall be executed before clearance of the goods from the
customs.
Signature
Seal of licensing authority
Date _________________
PART - A
Names and addresses of the factories where the resultant products for export are manufactured.
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
PART - B
Names and addresses of factories where the ancillaries to the resultant products for export are
manufactured.
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
(Part C and D figure in the Import Part in this DEEC)
PART-E
RESULTANT PRODUCTS
___________________________________________________________________________________________________________________
Sl.No. Description Quality Technical Characteristics Quantity
___________________________________________________________________________________________________________________
1 2 3 4 5
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
GENERAL EXEMPTION NO. 11 967
___________________________________________________________________________________________________________________
PART - F
PARTICULARS OF EXPORTS
___________________________________________________________________________________________________________________
Sl.No. Sl.No. of the resultant Name of the Custom Shipping Bill Name of the Vessel
product in part E House of Shipment No. & Date and outward entry of
the vessel
___________________________________________________________________________________________________________________
1 2 3 4 5
__________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
Quantity Net weight of the Description as per FOB Value Signature of Customs
export product the Shipping Bill in Rs./US$ Officer with name,
designation and seal
& remarks if any
___________________________________________________________________________________________________________________
6 7 8 9 10
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
PART - H
Statement of Imports and Exports made
Type of Licence ___________________ Licence No. ____________________ Date ________________
______________________ ______________________ ______________________
_______________________________________________________________________________________
Details of Exports made
GENERAL EXEMPTION NO. 11 968
_____________________________________________________________________________________________________________________
Sl.No. Sl.No. in Part E Description Quantity Exported F.O.B. Value
In Rs./In
equivalent
US $
____________________________________________________________________________________________________________________________
1 2 3 4 5
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
1. I/We hereby declare that the information given in this statement is correct.
2. Export goods were manufactured using materials imported under this certificate.
3. Duties on materials not used, in the export product have been paid as per details in Part G.
Signature ______________________________
Name of the signatory____________________
Designation ____________________________
Full Address____________________________
I have examined the applicant firm's actual imports and exports as given above and find them as
correct.
Signature ______________________________
Seal __________________________________
Membership No. ________________________
______________________________________________________________________________________________________________________
_________________________________________________________________________________________________________
GENERAL EXEMPTION NO. 12 969
Material Imported against a Value Based Advance Licence, issued on or after 19th September,
1995.
[Notfn. No. 148/95-Cus., dt. 19.9.1995 as amended by Notfn. Nos. 29/96, 92/97, 51/99, 121/99,
120/00, 30/01, 122/01, 113/02,125/02, 46/13, 26/17].
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government,being satisfied that it is necessary in the public interest so to do, hereby exempts
materials imported into India, against a Value based Advance Licence (hereinafter referred to as the said
licence) applied for and issued on or after 19th September, 1995 in terms of paragraph 49 of the Export
and Import Policy 1992-1997, with an obligation to export products specified in the Table annexed to this
notification, from the whole of the duty of customs leviable therein which is specified in the First Schedule
to the Customs Tariff Act, 1975 (51 of 1975) and from the whole of the additional duty leviable thereon under
sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff Act, subject to the following conditions,
namely:-
(i) that the materials imported are covered by a Value based Duty Exemption Entitlement Certificate
(hereinafter referred to as the said certificate) issued by the Licensing Authority in the form specified in the
Schedule annexed to this notification;
(ii) that the importer at the time of clearance of the imported materials executes a bond with such surety
or security and in such form and for such sum as may be specified by the Assistant Commissioner of Customs
or Deputy Commissioner of Customs binding himself to pay on demand an amount equal to the duty leviable
but for the exemption on the imported materials in respect of which the conditions specified in this notification
have not been complied with, together with interest at the rate of fifteen per cent per annum from the date
of clearance of the said materials.
(As per Sec.120(1) of Finance Bill, 2003, the rate of fifteen per cent is applicable w.e.f.
19.9.1995)
Provided that the bond shall not be necessary in respect of imports made after discharge of export
obligation in full;
(iii) that the said licence and the said certificate are produced before the proper officer of customs at the
time of clerance for debit;
(iv) that the imports and exports are undertaken through the sea ports at Mumbai, Calcutta, Cochin, Magdalla,
Kakinada, Kandla, Mangalore, Marmagoa, Madras, Nhava Sheva, Paradeep, Pipavav, Sikka, Tuticorin,
Visakhapatnam, Dahej, Nagapattinam,Okha and Mundra or through any of the airports at Ahmedabad,
Bangalore, Bhubaneshwar, Mumbai, Calcutta, Coimbatore, Delhi, Hyderabad, Jaipur, Madras, Srinagar,
Trivandrum, Varanasi, Nagpur and Cochin or through any of the Inland Container Depots at Agra, Bangalore,
Coimbatore, Delhi, Faridabad, Gauhati, Guntur, Hyderabad, Jaipur, Jalandhar, Kanpur, Ludhiana, Moradabad,
Nagpur, Pimpri (Pune), Pitampur (Indore), Surat, Tirupur, Varanasi, Nasik, Rudrapur (Nainital), Dighi (Pune),
Vadodara, Daulatabad (Wanjarwadi and Maliwada), Waluj (Aurangabad), Anaparthy (Andhra Pradesh), Salem,
Malanpur, Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai, Bhilwada, Pondicherry and Gari
Harsaru or through the Land Customs Station at Ranaghat, Singhabad and Raxaul.
Provided that the Commissioner of Customs, may by Special Order and subject to such conditions as
may be specified by him, permit import and export through any other Seaport, Airport, or Inland Container Depot
or through a Land Customs Station.
(v) that the export obligation is discharged within the period specified in the said certificate or within such
extended period as may be granted by the Licencing Authority by exporting products manufactured in India
GENERAL EXEMPTION NO. 12 970
which are specified in Part 'E' of the said certificate and also specified in the Table annexed to this notification
(hereinafter referred to as export product) and in respect of which,-
(a) facility under *rule 18 or rule 19 of the Central Excise (No.2) Rules, 2001 of the said rules has
not been availed; and
(b) drawback has not been claimed either under section 74 of the Customs Act, 1962 (52 of 1962)
or the Customs and Central Excise Duties Drawback Rules, 1995;
(vi) that the importer produces evidence of discharge of export obligation to the satisfaction of the
Assistant Commissioner of Customs or Deputy Commissioner of Customs within a period of 30 days of the
expiry of period allowed for fulfilment of export obligation, or within such extended period as the said
Assistant Comissioner of Customs or Deputy Commissioner of Customs may allow;
(vii) exempt materials shall not be disposed of or utilised in any manner, except for utilisation in discharge
of export obligation, or for replenishment of such materials and the materials so replenished shall not be sold
or transferred to any other person.
2. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
THE SCHEDULE
VALUED BASED DUTY EXEMPTION ENTITLEMENT CERTIFICATE
PART - 1
(IMPORT)
(This consists of_____________ pages)
Serial No. _______________(IMP) Date of issue __________
Port of registration: ________________
Issued to
GENERAL EXEMPTION NO. 12 971
____________________________________
____________________________________ (name and full address of the licencee)
PART A
Names and addresses of the factories where the resultant products for exports are manufactured.
_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________
PART B
Names and addresses of the factories where the ancillaries to the resultant products for exports are
manufactured.
_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________
PART C
LIST OF ITEMS OF IMPORT
_________________________________________________________________________________________________________________
Sl.No. Item of Import Quality Technical Quantity CIF Value in S.No. of the
charateristics Indian Rs. & resultant
in equivalent products in
US $ Part E
__________________________________________________________________________________________________________________
1 2 3 4 5 6 7
__________________________________________________________________________________________________________________
_____________________________________________________________________________________________
GENERAL EXEMPTION NO. 12 972
PART D
PARTICULARS OF IMPORT OF MATERIALS
________________________________________________________________________________________________________________
S.No. No. of Bill of Entry No. Description Quantity CIF
the materials date and and net Value
in Part C Customs House weight
of import
______________________________________________________________________________________________________________________________
1 2 3 4 5 6
____________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
(Part E & F figure in the Export Part of this DEEC)
PART G
Duties paid on materials in respect of which the condition of notification are not complied with
___________________________________________________________________________________________________________
S.No. S.No. in Description Rate of duty Amount Particulars Signature
Part D Quantity and leviable of of duty of the Customs
under Value of i) Basic i) duty paying Officer
which the materials ii) Additional ii) Interest documents
import of on which
the mate- duty has been
rials has paid
been
entered
___________________________________________________________________________________________________________
1 2 3 4 5 6 7
___________________________________________________________________________________________________________
GENERAL EXEMPTION NO. 12 973
_____________________________________________________________________________________________________________
VALUE BASED DUTY EXEMPTION ENTITLEMENT CERTIFICATE
PART-2
(EXPORT)
Issued to
.............................................................
............................................................. (name and full address of the licencee)
Materials imported against Licence No. .......................... dated ................... issued by ..................... to
the above importer and covered by the list of materials specified under part 'C' of this certificate would be
eligible for exemption from custom duties subject to the conditions specified in the notification of the
Government of India, Ministry of Finance, Department of Revenue No. 148/95-Customs, dated the 19th
September, 1995.
The importer shall make the exports in terms of the said Notification within .......................................
months from the date of issue of licence.
A Bond in terms of the said Notification, shall be executed before clearances of the goods from the
customs.
Signature
Seal of licensing authority
Date
PART - A
Names and addresses of the factories where the resultant products for export are manufactured
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
PART - B
Names and addresses of factories where the ancillaries to the resultant products for export are manu-
factured.
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
(Part C and D figures in the Import Part of this DEEC)
GENERAL EXEMPTION NO. 12 974
PART - E
RESULTANT PRODUCTS
_________________________________________________________________________________________________________
Sl.No. Description Sr.No. in Table to Quality Technical
Notification No. Characteristics
148/95-Customs
_________________________________________________________________________________________________________
1 2 3 4 5
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
Quantity FOB Value in Rs./US$ S.No. of the materials in Part-C
_________________________________________________________________________________________________________
6 7 8
__________________________________________________________________________________________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________
PART - F
PARTICULARS OF EXPORTS
_________________________________________________________________________________________________________
Sl.No. Sl.No. of the Name of the Customs Shipping Bill No. Name of the
resultant product House of Shipment and Date vessel and
of the in Part E outward entry
of the vessel
_________________________________________________________________________________________________________
1 2 3 4 5
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
Quantity Net weight of the Description as FOB Signature of Customs
export product per the Shipping value in Officer with name,
Bill Rs./US $ designation and seal
& remarks if any
_________________________________________________________________________________________________________
6 7 8 9 10
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
PART - H
Statement of Imports and Exports Made
Details of Imports Made
_________________________________________________________________________________________________________
GENERAL EXEMPTION NO. 12 975
1.. I/We hereby declare that information given in this statement is correct.
2. I/We hereby declare that no benefit under rule 12(1)(b)/13(1)(b) of the Central Excise Rules, 1944
has been availed in respect of exports made under DEEC.
Signature
Name of the signatory
Designation
Full Address
Signature
Seal
Membership No.
GENERAL EXEMPTION NO. 13 976
Material imported against Advance Licence issued on or after 19th September, 1995, and covered
by a Quantity Based Duty Exemption Entitlement Certificate.
[Notifn. No.149/95 - Cus. dt.19.9.1995 as amended by Notifn. Nos. 162/95, 30/96, 71/96, 93/97, 51/
99, 121/99, 120/00, 30/01, 122/01,113/02 and 125/02 , 46/13, 26/17.]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52
of 1962) the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts
materials imported into India, against an Advance Licence applied for and issued on or after 19th
September, 1995, with an obligation to export products specified in the Table annexed to this notification
hereinafter referred to as the said licence), from the whole of the duty of customs leviable thereon which is
specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) and from the whole of the additional
duty leviable thereon under sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff Act, subject
to the following conditions, namely:-
(i) that the materials imported are covered by a Quantity Based Duty Exemption Entitlement
Certificate (hereinafter referred to as the said certificate) issued by the Licencing Authority in
the form specified in the schedule annexed to this notification, in respect of the value, quantity,
description, quality and technical characteristics:
Provided that where quantity for a particular description of materials cannot be imported within the
specified value under the said certificate, the Commissioner of Customs may allow adjustment
of individual value within the total value;
(ii) that the importer at the time of clearance of the imported materials executes a bond with such surety
or security and in such form and for such sum as may be specified by the Assistant Commissioner
of Customs or Deputy Commissioner of Customs binding himself to pay on demand an amount equal
to the duty leviable, but for the exemption, on the imported materials in respect of which the conditions
specified in this notification have not been complied with, together with interest at the rate of fifteen
percent per annum from the date of clearance of the said materials:
Provided that the bond shall not be necessary in respect of imports made after the discharge of export
obligation in full;
(As per Sec.120(1) of Finance Bill 2003 the rate of fifteen per cent is applicable w.e.f. 19.9.1995)
(iii) that the said licence and the said certificate are produced before the proper officer of customs at
the time of clearance for debit;
(iv) that the imports and exports are undertaken through the sea ports at Mumbai, Calcutta, Cochin,
Magdalla, Kakinada, Kandla, Mangalore, Marmagoa, Madras, Nhava Sheva, Paradeep, Pipavav,
Sikka, Tuticorin, Visakhapatnam, Dahej, Naggapatinam, Okha and Mundra and or through any of the
airports at Ahmedabad, Bangalore, Bhubaneshwar, Mumbai, Calcutta, Coimbatore, Delhi, Hyderabad,
Jaipur, Madras, Srinagar, Trivandrum, Varanasi, Nagpur and Cochin or through any of the Inland
Container Depots at Agra, Bangalore, Coimbatore, Delhi, Faridabad, Gauhati, Guntur, Hyderabad,
Jaipur, Jalandhar, Kanpur, Ludhiana, Moradabad, Nagpur, Pimpri (Pune), Pitampur (Indore), Surat,
Tirupur, Varanasi. Nasik, Rudrapur (Nainital), Dighi (Pune), Vadodara, Daulatabad (Wanjarwadi and
Maliwada), Waluj (Aurangabad), Anaparthy (Andhra Pradesh), Salem, Malanpur, Singanalur,
Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai, Bhilwada, Pondicherry and Garhi Harsaru
GENERAL EXEMPTION NO. 13 977
Provided that the Commissioner of Customs, may by Special Order and subject to such conditions as
may be specified by him, permit import and export through any other Seaport, Airport, or Inland
Container Depot or through the Land Customs Station.
(v) that the export obligation is discharged within the period specified in the said certificate or within such
extended period as may be granted by the Licensing Authority by exporting products manufactured
in India which are specified in Part ‘E’ of the said certificate and also specified in the Table annexed
to this notification (hereinafter referred to as export product) and in respect of which facility under
*rule 18 or rule 19 of the C.Ex.,(No.2) Rules, 2001 has not been availed in respect of materials
permitted under the said licence; except the benefit under notification of the Government of India
in the Ministry of Finance (Department of Revenue) No.49/94-C.E. (N.T.) dated the 22nd September,
1994;
(vi) that the importer produces evidence of discharge of export obligation to the satisfaction of the
Assistant Commissioner of Customs or Deputy Commissioner of Customs within a period of 30 days
of the expiry of period allowed for fulfilment of export obligation, or within such extended period
as the said Assistant Commissioner of Customs or Deputy Commissioner of Customs may allow;
(vii) exempt materials shall not be disposed of or utilised in any manner except for utilisation in discharge
of export obligation or for replenishment of such materials and the materials so replenished shall
not be sold or transferred to any other person.
(viii) that in relation to products specified at Serial No. 4 of the table to this notification–
(a) the name and address of the supporting manufacturer is specified in the said licence and the
said certificate and the bond required to be executed by the importer in terms of condition (ii)
shall be executed jointly by the Merchant Exporter and the supporting Manufacturer binding
them selves jointly and severally to comply with the conditions specified in this notification, and
(b) except materials are utilised in the factory of such supporting manufacturer in terms of
condition (vii)
2. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
(ii) “Licensing Authority” means the Director General of Foreign Trade appointed under section 6
of the Foreign Trade (Development and Regulations) Act, 1992 (22 of 1992) or an officer
authorised by him to grant a licence under the said Act.
(iii) “materials” means-
GENERAL EXEMPTION NO. 13 978
(a) raw materials, components, intermediates, consumables, computer software and parts
required for manufacture of export product and packaging materials required for packing of export
product, which in case of a Quantity based Advance Intermediate Licence, includes for manufacture
and supply to holder of a Special Imprest Licence for producing final goods referred to in sub-clauses
(b), (c) and (d) of clause (iii) of the Explanation, in the notification of the Government of India in the
Ministry of Finance (Department of Revenue) No.128/94-Customs, dated the 10th June, 1994.
TABLE
THE SCHEDULE
QUANTITY BASED DUTY EXEMPTION ENTITLEMENT CERTIFICATE
PART - 1
(IMPORT)
(This consists of _______________ pages)
Serial No. _______________(IMP) Date of issue _______________
Port of registration: ____________________
Issued to
____________________________________
____________________________________ (name and full address of the licencee)
A Bond in terms of the said notification shall be executed before the clearance of the goods from the
Customs.
Signature
Seal of licensing authority
Date:
GENERAL EXEMPTION NO. 13 979
PART A
Names and addresses of the factories where the resultant products for exports are manufactured.
_________________________________________________________________________________________________________________
__________________________________________________________________________________________________________
PART B
Names and addresses of the factories where the ancillaries to the resultant products for export are
manufactured.
_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________
PART C
LIST OF ITEMS OF IMPORT
_________________________________________________________________________________________________________________
Sl.No. Item of Import Quality Technical Quantity CIF Value in S.No. of the
charateristics Indian Rs. & resultant
in equivalent products in
US $ Part E
__________________________________________________________________________________________________________________
1 2 3 4 5 6 7
__________________________________________________________________________________________________________________
_____________________________________________________________________________________________
PART D
PARTICULARS OF IMPORT OF MATERIALS
________________________________________________________________________________________________________________
S.No. Sl. No. of Bill of Entry No. Description Quantity CIF
the materials date and and net Value
in Part C Customs House weight
of Import
______________________________________________________________________________________________________________________________
1 2 3 4 5 6
____________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
Duty leviable but for exemption
GENERAL EXEMPTION NO. 13 980
_________________________________________________________________________________________________________
Heading No. of the First Rate of duty Amount of Signature of the
Schedule to the Customs duty Customs Officer with Name,
Tariff Act, 1975 and (i) Basic Designation and Seal
Heading No. in the (ii) Additional
Schedule to the Central
Excise Tariff Act,
1985 for levy of
Additional Duty
_________________________________________________________________________________________________________
7 8 9 10
_______________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
(Part E & F figure in the Export Part of this DEEC)
PART G
Duties paid on materials in respect of which the conditions of the said notification are not complied with
___________________________________________________________________________________________________________
S.No. S.No. in Descriptions Rate of duty Amount Particulars Signature
Part D quantity and leviable of of duty of the
under value of i) Basic i) duty paying Customs Officer
which the materials ii) Additional ii) Interest documents
import of on which
the materials duty paid
has been
entered
___________________________________________________________________________________________________________
1 2 3 4 5 6 7
__________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
QUANTITY BASED DUTY EXEMPTION ENTITLEMENT CERTIFICATE
PART-2
(EXPORT)
(This consists of ..............................pages)
Sl.No......... (EXP) Date of issue ................
Port of Registration ........................................
Issued to
.............................................................
............................................................. (name and full address of the licencee)
Materials imported against Licence No. .................... dated ..................... issued by ...................... to
the above importer and covered by the list of materials specified under part 'C' of this cer-tificate would be
eligible for exemption from custom duties subject to the conditions specified in the notification of the Govern-
GENERAL EXEMPTION NO. 13 981
ment of India, Ministry of Finance, Department of Revenue No. 149/95-Customs, dated the 19th September,
1995.
The importer shall make the exports in terms of the said Notification within ......................................
months from the date of issue of licence.
A Bond in terms of the said Notification, shall be executed before clearances of the goods from the
customs.
Signature
Seal of licensing authority
Date
PART - A
Names and addresses of the factories where the resultant products for export are manufactured
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
PART - B
Names and addresses of factories where the ancillaries to the resultant products for export are
manufactured.
__________________________________________________________________________________________
_________________________________________________________________________________________________________
(Part C and D figure in the Imports Part of this DEEC)
PART - E
RESULTANT PRODUCTS
_________________________________________________________________________________________________________
Sl.No. Description Sr.No. in the Table to Quality Technical
Notification No. Characteristics
149/95-Customs
_________________________________________________________________________________________________________
1 2 3 4 5
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
Quantity FOB Value in Rs./US$ S.No. of the materials in Part-C
_________________________________________________________________________________________________________
6 7 8
__________________________________________________________________________________________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________
PART - F
PARTICULARS OF EXPORTS
_________________________________________________________________________________________________________
Sl.No. Sl.No. of the Name of the Customs Shipping Bill No. Name of the
resultant product House of Shipment and Date vessel and
in Part E outward entry
GENERAL EXEMPTION NO. 13 982
of the vessel
_________________________________________________________________________________________________________
1 2 3 4 5
_________________________________________________________________________________________________________
___________________________________________________________________________________________________
Quantity Net weight of Description as FOB Signature of Customs
the product per the Shipping value in Officer with name,
Bill Rs./US $ designation and seal
& remarks if any
_________________________________________________________________________________________________________
6 7 8 9 10
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
PART - H
Statement of Imports and Exports/Supply Made
Details of Imports Made
_________________________________________________________________________________________________________
Sl.No. Sl.No. of Description Quantity C.I.F. Value
part C Imported In Rs./ In Equivalent
US $
_________________________________________________________________________________________________________
1 2 3 4 5
_________________________________________________________________________________________________________
________________________________________________________________________________________________________
Details of Export Made
_________________________________________________________________________________________________________
Sl.No. Sl.No. of Description Quantity FOB. Value
part E Exported In Rs./ In Equivalent
US $
_________________________________________________________________________________________________________
1 2 3 4 5
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
2. I/We hereby declare that no benefit under rule 12(1)(b)/13(1)(b) of the Central Excise Rules, 1944,
except for the benefit under Notification No.49/94-CE(NT), dt. the 22nd September, 1994, has been availed
in respect of exports made under this DEEC.
Signature
Name of the signatory
Designation
Full Address
GENERAL EXEMPTION NO. 13 983
1. I/We hereby declare that information given in this statement are correct.
2. I/We hereby declare that no benefit under rule 191A/191B of Central Excise Rules, 1944 has been
availed of in respect of exports made under this DEEC.
3. I/We hereby declare that no benefit, under rule 191A/rule 191B, as in force immediately before the
1st October, 1994, or rule 12(1)(b) or rule 13(1)(b) of the Central Excise Rules, 1944, except for the benefit
under notification No.49/94-CE-NT dated 22nd September, 1994 has been availed in respect of exports
made under this DEEC.
i) _____________________________________________
ii) _____________________________________________
iii) _____________________________________________
(details of inputs to be given for which credit obtained)
Signature
Name of the signatory
Designation
Full Address
Certified by Chartered Accountant/Cost Accountant
I have examined that applicant firm's actual imports and exports as given above and find them in correct.
Signature
Seal
Membership No.
PART - I
Endoresement of Transferability
We have discharged the prescribed export obligation and the sale proceeds have been realized in full. We
request that the licence and the DEEC may please be made transferrable.
Signature
Name of the signatory
Designation
Full Address
DEEC is made transferrable
Signature
Seal of licensing authority
Date
GENERAL EXEMPTION NO. 14 984
(c) drawback has not been claimed either under section 74 of the Customs Act,, 1962 or under
the Customs and Central Excise Duties Drawback Rules, 1971;
(v) exempt materials shall be utilised only for discharge of export obligation and no part thereof shall be
disposed of in any other manner.
2. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
The importer shall make the exports in terms of the said Notification within ................ months
from the date of issue of the said licence.
A Bond/Legal Undertaking, in terms of the said notification, for Rs.................... shall be executed
with .................... ( licensing authority), before clearances of the goods from the customs.
Signature
Seal of licensing authority
Date
Bond/Legal undertaking executed on........ for Rs........... (Rupees..............) and registered under
Sl.No........... with this office.
It has been verified that the export obligation has been discharged in full. Therefore requirement
of Bond/Legal undertaking is waived.
(strike off inapplicable portion)
Signature
Seal of licensing authority
Date
PART - A
Name and addresses of the factories where the resultant products for export are manufactured.
PART - B
Name and addresses of factories where the ancillaries to the resultant products for export are
GENERAL EXEMPTION NO. 14 987
manufactured.
PART - C
______________________________________________________________________________________________________
Quantity CIF Value in indian Rs. S.No. of the resultant
and equivalent US $ products in Part E
______________________________________________________________________________________________________
5 6 7
______________________________________________________________________________________________________
______________________________________________________________________________________________________
Total Value =
PART - D
______________________________________________________________________________________________________
______________________________________________________________________________________________________
CIF Duty leviable but for exemption Signature of
Value Heading No. of the First Schedule Rate of Duty Amount the Customs
to Customs Tariff Act, 1975 and (i) Basic of duty Officer with
Heading No. in the Schedule to (ii) Aux. Name
the Central Excise Tariff Act, 1985 (iii)Additional Designation
for levy of Additional Duty. and seal.
______________________________________________________________________________________________________
6 7 8 9 10
______________________________________________________________________________________________________
GENERAL EXEMPTION NO. 14 988
______________________________________________________________________________________________________
(Part E & F figure in the Export Part of this DEEC)
PART - G
Duties paid on Materials in Respect of which the condition of said notification are not complied with
______________________________________________________________________________________________________
Sl. Sl. No. in part D under Description Quantity and Rate of duty leviable
No. which the import of the value of Materials on (i) Basic
materials has been entered. which duty paid. (ii) Auxillary
(iii)Additional
______________________________________________________________________________________________________
1 2 3 4
_____________________________________________________________________________________________________
______________________________________________________________________________________________________
Amount of Particulars of duty Signature of the
(i) Duty paying documents Customs Officer
(ii) Interest
______________________________________________________________________________________________________
5 6 7
______________________________________________________________________________________________________
______________________________________________________________________________________________________
II. Export
(This consists of .............................. pages)
Sl.No ............................................. (Exp) Date of issue
..................
Port of Registration .....................................................................................................
Issued to
___________________________________________________________________ (Name and full
address
________________________________________________________________________ of the
importer)
Materials imported against Licence No............ dated......... issued by ................to the above importer and
covered by the list of materials specified under part ‘C’ of this certificate would be eligible for exemption
from Custom duties subject to the conditions specified in the notification of the Government of India, Ministry
of Finance, Department of Revenue No.104/93-customs dated the 16.3.1993.
The importer shall make the exports in terms of the said Notification within ............... months from
the date of clearances of issue of the said licence.
A Bond/Legal Undertaking, in terms of the said Notification, for Rs............. shall be executed with
................ (licensing authority), before clearance of the goods from the Customs.
Signature
Seal of licencing authority
Date
GENERAL EXEMPTION NO. 14 989
Bond/Legal undertaking executed on ............. for Rs........ (Rupees ...................) and registered under
Sl.No......... with this office.
It has been verified that the export obligation has been discharged in full. Therefore requirement of
Bond/Legal undertaking is waived.
(Strike off inapplicable portion)
Signature
Seal of licensing authority
Date
PART - A
Name and address of the factories where the resultant product for export are manufactured.
_____________________________________________________________________________________________
_____________________________________________________________________________________________
PART - B
Name and address of factories where the ancillaries to the resultant products for export are manufactured.
_____________________________________________________________________________________________
_____________________________________________________________________________________________
(Part C and D figures in the Imports Part of this DEEC)
PART - E
RESULTANT PRODUCTS
______________________________________________________________________________________________________
Sl. No. Description Quality Technical Characteristic
______________________________________________________________________________________________________
1 2 3 4
______________________________________________________________________________________________________
______________________________________________________________________________________________________
Quantity FOB value in S.No. of the materials
Rs./US $ in Part-C
______________________________________________________________________________________________________
5 6 7
______________________________________________________________________________________________________
______________________________________________________________________________________________________
PART - F
PARTICULARS OF EXPORTS
______________________________________________________________________________________________________
Sl. Sl. No. of the resultant Name of the Custom Shipping Bill Name of the vessel
No. product in Part E House of Shipment No. & Date and outward entry of
the vessel
______________________________________________________________________________________________________
1 2 3 4 5
______________________________________________________________________________________________________
GENERAL EXEMPTION NO. 14 990
______________________________________________________________________________________________________
Quantity Net weight of the Description FOB value Signature of Customs
export product as per the in Rs./US $ Officer with name
Shipping Bill designation and seal
& remarks if any.
______________________________________________________________________________________________________
1 2 3 4 5
______________________________________________________________________________________________________
____________________________________________________________________________________________________
PART - H
Statement of Imports and Exports made
Type of Licence : ______________ Licence No. _____________ Date : ____________
______________________________________________________________________________________________________
1. I/We hereby declare that the information given in this statement is correct.
2. I/We hereby declare that no benefit under rule 56A/57A/191A/191B as in force immediately before
the 1st October, 1994, or under rule 57A/12(1)(b)/13(1)(b)" of the Central Excise Rules, 1944 has been availed
of in respect of exports made under this DEEC.
3. I/We hereby further declare that no drawback has been claimed either under Section 74 of the Customs
Act, 1962 or under the Customs and Central Excise Duties Drawback Rules, 1971.
Signature_____________________________
Name of the signatory_____________________
Designation___________________________
Full Address ___________________________
GENERAL EXEMPTION NO. 14 991
I have examined the applicant firm’s actual imports and exports as given above and find them as correct.
Signature
Seal
Membership No.
____________________________________________________________________________________________
Part I
Discharge of Bond
Exemption to goods, when imported into India against a duty credit scrip issued by the Re-
gional Authority under the Scheme for Rebate of State and Central Taxes and Levies
[Notification No. 13/2020 dtd. 14.02.2020]
G.S.R. ….. (E).- In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962
(52 of 1962) (hereinafter referred to as the said Act), the Central Government, being satisfied that it is necessary
in the public interest so to do, hereby exempts goods, when imported into India against a duty credit scrip
(hereinafter referred to as the said scrip) issued by the Regional Authority under the Scheme for Rebate of
State and Central Taxes and Levies (hereinafter referred to as the RoSCTL scheme) in accordance with
paragraph 4.01(c) of the Foreign Trade Policy read with paragraphs 4.95 and 4.96 of the Handbook of
Procedures from-
(a) the whole of the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act, 1975
(51 of 1975) (hereinafter referred to as the said Customs Tariff Act); and
(b) the whole of additional duty leviable thereon under sub sections (1), (3) and (5) of section 3 of the said
Customs Tariff Act:
Provided that the said scrip, against which goods when imported into India are exempted from duties mentioned
in clauses (a) and (b) above, may include duty credit provided under the Additional Ad Hoc Incentive in terms
of paragraphs 4.95 and 4.96 of the Handbook of Procedures.
(MoT) notified vide notification No. 14/26/2016-IT (Vol.II), dated 8th March, 2019 for the RoSCTL scheme:
Provided that duty credit under the Additional Ad Hoc Incentive is issued in terms of paragraphs 4.95 and 4.96
of the Handbook of Procedures;
(b) against export of said goods made in terms of paragraph 3.05 of the Foreign Trade Policy;
(c) against export of the said goods under the RoSCTL scheme where the order permitting clearance and
loading of goods for exportation under section 51 of the said Act has been made on or after the 7th March, 2019
and till 31st March, 2019:
Provided that in case of Additional Ad Hoc Incentive, order permitting clearance and loading of goods for
exportation under section 51 of the said Act has been made on or after the 7th March, 2019 and till 31st
December 2019;
(2) that the export categories or sectors listed in Table annexed hereto shall not be counted for calculation of
export performance or for computation of entitlement under the RoSCTL scheme;
(3) that the imports and exports are undertaken through the seaports, airports or through the inland container
depots or through the land customs stations as mentioned in Table 2 annexed to the notification of the
Government of India, Ministry of Finance, Department of Revenue No. 16/2015- Customs, dated the 1st April,
2015, published vide number G.S.R. 252(E), dated the 1st April, 2015, as amended:
Provided that the Principal Commissioner of Customs or the Commissioner of Customs, as the case may be,
may within his jurisdiction, by special order, or by a Public Notice, and subject to such conditions as may be
specified by him, permit import and export through any other seaport, airport, inland container depot or through
any land customs station within his jurisdiction:
Provided further that the exports of said goods transacted through e-commerce platform subject to the items
listed in Appendix 3C of Appendices and Aayat Niryat Forms of the Foreign Trade Policy are undertaken either
through international courier terminals or through such foreign post offices, as notified by the Central
Government;
(4) that the said scrip is registered with the Customs Authority at the port of registration specified on the said
scrip;
(5) that the said scrip is produced before the proper officer of customs at the time of clearance for debit of the
duties leviable on the goods and the proper officer of customs after taking into account the debits already made
under this exemption and debits made under the notification of Government of India, Ministry of Finance,
Department of Revenue, No. 1/2020- Central Excise, dated the 14th February, 2020 shall ensure the debit of
the duties leviable on the goods, but for this exemption;
(6) that the said scrip and goods imported against it shall be freely transferable;
(7) that where the importer does not claim exemption from the additional duty of customs leviable under sub
sections (1), (3) and (5) of section 3 of the said Customs Tariff Act, he shall be deemed not to have availed
the exemption from the said duty for the purpose of calculation of the said additional duty of customs;
(8) that the importer shall be entitled to avail of the drawback of the duty of customs leviable under the First
Schedule to the said Customs Tariff Act against the amount debited in the said scrip;
993
(9) that the importer shall be entitled to avail drawback or CENVAT credit of additional duty leviable under
sub sections (1), (3) and (5) of section 3 of the said Customs Tariff Act against the amount debited in the said
scrip;
Explanation. – For the purposes of this notification, -
(a) "capital goods" has the same meaning as assigned to it in paragraph 9.08 of the Foreign Trade Policy;
(b) "Foreign Trade Policy" means the Foreign Trade Policy, 2015-2020, published by the Government of India
in the Ministry of Commerce and Industry vide notification number 01/2015-2020, dated the 1st April 2015 as
amended from time to time;
(c) “garments and made-ups” shall have the same meaning as assigned to them in the Ministry of Textiles’
notification No. 14/26/2016-IT (Vol. II), dated the 7th March 2019 notifying the Scheme for Rebate of State
and Central Taxes and Levies on Export of Garments and Made-ups;
(d) "goods" means any inputs or goods including capital goods;
(e) "Regional Authority" means the Director General of Foreign Trade appointed under section 6 of the Foreign
Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised by him to grant an
authorisation including a duty credit scrip under that Act.
TABLE
Sl. No. Export categories or sectors ineligible for duty credit scrip entitlement
(1) (2)
1. Manufactured partly or wholly in a warehouse under section 65 of the Customs Act, 1962 (52 of
1962).
2. Manufactured or exported in discharge of export obligation against an Advance Authorisation or
Duty Free Import Authorisation issued under the Duty Exemption Scheme of the relevant Foreign
Trade Policy:
Provided that where exports are made against Special Advance Authorisation issued under
paragraph 4.04A of the Foreign Trade Policy 2015-20 in discharge of export obligations in terms of
notification No. 45/2016-Customs, dated the 13th August, 2016, the rates of the RoSCTL scheme
specified in Schedules 3 and 4 to the Ministry of Textiles’ notification No. 14/26/2016-IT, dated the
8th March, 2019 shall apply.
3. Manufactured or exported by a unit licensed as hundred per cent. Export Oriented Unit in terms of
the relevant Foreign Trade Policy.
4. Manufactured or exported by any of the units situated in Free Trade Zones or Export Processing
Zones or Special Economic Zones.
5. Manufactured or exported availing the benefit of the notification of Government of India, Ministry
of Finance, Department of Revenue, No. 32/1997-Customs, dated the 1st April, 1997, published vide
number G.S.R. 188(E), dated the 1st April, 1997.
GENERAL EXEMPTION NO. 15 994
rule 12(1)(b) or rule 13(1)(b) of the said Rules, has not been availed; and",
(c) drawback has not been claimed either under section 74 of the Customs Act, 1962 or Customs and
Central Excise Duties Drawback Rules, 1971;
(vi) exempt materials shall not be disposed of or utilized in any manner, except for utilisation in discharge
of export obligation, before the export obligation under the said licence has been discharged in full
and export proceeds realised;
Provided that Acetic Anhydride in respect of which the benefit of this notification is claimed shall be
utilised by the importer in his own factory or in the factory of any other manufacturer indicated in the
said certificate even after discharge of export obligation and realisation of export proceeds;
(vii) where benefit of the notification is sought by a person other than licencee, such benefit shall be
allowed against the said licence and the said certificate only if it bears endorsement of transferability
by the Licensing Authority.
Provided that benefit of this notification shall not be allowed to a transferee of licence for import of
Acetic Anhydride except where the licence is endorsed for transferability before 24th November,
1993, and is transferred to an actual user who undertakes to use the Acetic Anhydride in his own
factory.
(viii) Notwithstanding anything contained in conditions (vi) and (vii) above, the endorsement of transfer-
ability of disposal of materials shall be allowed in respect of licences issued for the export of all kinds
of writing instruments (including gift sets and refills/nibs) on fulfilment of export obligation only in
favour of manufacturer of writing instruments.
2. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
Explanations:- In this notification,-
(i) "Export and Import Policy April, 1992 - March 1997" means the Export and Import
Policy 1 April 1992 - March 1997 published vide Public Notice of the Government of India in the
Ministry of Commerce No. 1-ITC(PN)/92-97, dated the 31st March, 1992 as amended from time to
time.
(ii) "Licensing Authority" means an authority competent to grant a licence under Imports
(Control) Order, 1955 made under the Imports and Exports (Control) Act, 1947 (18 of 1947).
(iii) "Materials" means -
(a) raw materials, components, intermediates, consumables,computer software and parts
required for manufacture of export product;
Provided that in the case of electronic goods, and all kinds of writing instruments (including gift
sets and refill/nibs), all export items covered by one serial number in Standard Input Output and
Value Addition norms as contained in Handbook of Procedures, 1992-97, Volume-II Published, vide
Public Notice No.121(PN)/92-97, dated the 31st March, 1993, of the Government of India in the
Ministry of Commerce, shall be deemed to be single export product.
Provided further that nothing contained in this notification shall apply to import of Acetic Anhy-
dride against licences issued after 24th November, 1993, except where such licences together with
the quantity required for manufacture of the export product mentioned therein have been issued with
GENERAL EXEMPTION NO. 15 996
the approval of Advance Licensing Committee in the office of the Director General of Foreign
Trade;
(b) spares and mandatory spares, within a value limit of 5% of the value of the licence, which
are required to be exported along with the export product; and
THE SCHEDULE
VALUED BASED DUTY EXEMPTION ENTITLEMENT CERTIFICATE
PART - 1
(IMPORT)
(This consists __________________of pages)
Serial No. _______________________ Date of issue _______________
Port of registration: _________________________
This is granted in favour of
____________________________________
____________________________________
(name and full address of the licencee)
The importer shall make the exports in terms of the said notification within ................... months
from the date of issue of licence.
A bond/legal undertaking in terms of condition (b) of the said notification for Rs. _________
shall be executed with ________________________(Licensing authority), before the clearance of the
goods from the Customs.
Signature
Seal of licensing authority
Date:
It has been verified that the export obligations has been discharged in full. Therefore requirement of
Bond/Legal undertaking is waived.
(Strike off inapplicable portion)
Signature
Seal of licensing authority
Date:
GENERAL EXEMPTION NO. 15 997
PART A
Names and addresses of the factories where the resultant products for exports are manufactured.
_____________________________________________________________________________________________
_____________________________________________________________________________________________
PART B
Names and addresses of the factories where the ancillaries to the resultant products for exports
are manufactured.
_____________________________________________________________________________________________
_____________________________________________________________________________________________
PART C
LIST OF ITEMS OF IMPORT
_________________________________________________________________________________________________________________
Sl.No. Item of Import Quantity Technical Quantity CIF Value in S.No. of the
charateristics Indian Rs. & resultant
in equivalent products in
US $ Part B
__________________________________________________________________________________________________________________
1 2 3 4 5 6 7
__________________________________________________________________________________________________________________
_____________________________________________________________________________________________
Total Value=
PART D
PARTICULARS OF IMPORTS (OF MATERIALS)
________________________________________________________________________________________________________________
S.No. S.No. of Bill of Entry No. Description Quantity CIF
the materials and date and name and net Value
in Part C of the Custom House weight
of import
______________________________________________________________________________________________________________________________
1 2 3 4 5 6
____________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
Duty leviable but for exemption
_____________________________________________________________________________________________
Heading No. of the First Rate of duty Amount of Signature of Customs
Schedule to the Customs duty Officer with designation and
Tariff Act, 1975 and (i) Basic seal
Heading No. in the (ii) Additional
Schedule to the Central (iii) Auxiliary
Excise Tariff Act,
1985 for levy of
additional duty.
_________________________________________________________________________________________________________
GENERAL EXEMPTION NO. 15 998
7 8 9 10
_______________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
(Part E & F figure in the Export Part of this DEEC)
PART G
Duties paid on materials in respect of which the condition of the said notification are not complied with
___________________________________________________________________________________________________________
S.No. S.No. in Descriptions Rate of duty Amount Particulars Signature
Part D quantity and leviable of of duty of the
under value of i) Basic i) duty paying Customs
Officer
which the materials ii) Additional ii) Interest documents
import of on which iii) Auxiliary
the mate- duty
rials has paid
been
entered
___________________________________________________________________________________________________________
1 2 3 4 5 6 7
___________________________________________________________________________________________________________
____________________________________________________________________________________________________________
VALUE BASED DUTY EXEMPTION ENTITLEMENT CERTIFICATE
PART-2
(EXPORT)
Materials imported against Licence No. ................. dated ................ issued by .......................................
to the above importer and covered by the list of materials specified under part 'C' of this certificate would be
eligible for exemption from custom duties subject to the conditions specified in the notification of the Govern-
ment of India, Ministry of Finance, Department of Revenue No. 203/92-Customs, dated the 19th May, 1992.
The importer shall make the exports in terms of the said Notification within .......................................
months from the date of issue of licence.
PART - A
Name and address of the factories where the resultant products for export are manufactured
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
PART - B
Name and address of factories where the ancillaries to the resultant products for export are manu-
factured.
_________________________________________________________________________________________________________
________________________________________________________________________________________________________
(Part C and D figures in the Imports Part of this DEEC)
PART - E
RESULTANT PRODUCTS
_________________________________________________________________________________________________________
Sl.No. Description Quality Technical Characteristics
_________________________________________________________________________________________________________
1 2 3 4
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
Quantity FOB Value in Rs./US$ S.No. of the materials in Part-C
_________________________________________________________________________________________________________
5 6 7
__________________________________________________________________________________________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________
GENERAL EXEMPTION NO. 15 1000
PART - F
PARTICULARS OF EXPORTS
_________________________________________________________________________________________________________
Sl.No. Sl.No. of the Name of the Customs Shipping Bill No. Name of the
resultant product House of Shipment and Date vessel and
in Part E outward entry
of the vessel
_________________________________________________________________________________________________________
1 2 3 4 5
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
Quantity Net weight of the Description as FOB Signature of Customs
export product per the Shipping value in Officer with name,
Bill Rs./US $ designation and seal
& remarks if any
_________________________________________________________________________________________________________
6 7 8 9 10
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
PART - H
Statement of Imports and Exports Made
Type of Licence: - Licence No. Date:
.............................. .............................. ..............................
.............................. .............................. ..............................
Details of Imports Made
_________________________________________________________________________________________________________
Sl.No. Sl.No. of Description Quantity C.I.F. Value
part C Imported In Rs./In Equivalent
US $
_________________________________________________________________________________________________________
1 2 3 4 5
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
Details of Exports Made
_________________________________________________________________________________________________________
Sl.No. Sl.No. of Description Quantity C.I.F. Value
part E Exported In Rs./In Equivalent
US $
_________________________________________________________________________________________________________
1 2 3 4 5
_________________________________________________________________________________________________________
GENERAL EXEMPTION NO. 15 1001
_________________________________________________________________________________________________________
1. I/We hereby declare that information given in this statement are correct.
2. I/We hereby declare that no benefit under rule 56A/57A/191A/191B as in force immediately before
the 1st October, 1994, or under rule 57A/12(1)(b)/13(1)(b) of Central Excise Rules, 1944 has been
availed in respect of exports made under this DEEC.
Signature
Name of the signatory
Designation
Full Address
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52
of 1962) the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts materials imported into India, against an Advance Licence issued on or before 31st March,
1995 (hereinafter referred to as the said licence) from the whole of the duty of customs leviable thereon
which is specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) and from the whole of
the additional duty leviable thereon under sub-section (1), (3) and (5) of section 3 of the said Customs
Tariff Act, subject to the following condtions, namely:-
(i) that the materials imported are covered by a Quantity Based Duty Exemption Entitlement Certificate
(hereinafter referred to as the said certificate), issued by the Licensing authority in the form specified in the
Schedule annexed to this notification, in respect of the value, quantity, description, quality and technical
characteristics :
Provided that where quantity allowed for a particular description of materials cannot be imported
within the specified value under the said Certificate, the Commissioner of Customs may allow adjustment of
individual value within the total value;
(ii) that the importer at the time of clearance of the imported materials -
(a) produces proof of having executed a bond or a legal undertaking before the Licensing Au-
thority concerned, for complying with the conditions of this notification; and
(b) makes a declaration before the Assistant Commissioner of Customs binding himself to
pay on demand an amount equal to the duty leviable but for the exemption, on the
imported materials in respect of which the conditions specified in this notification have not
been complied with;
Provided that a bond or a legal undertaking and the declaration shall not be necessary in
respect of imports made after discharge of export obligation in full, as evidence by endorsement of
Licensing Authority in the said Certificate;
(iii) that the said licence and the said certificate is produced before the proper officer of customs at the
time of clearance of imported goods out of customs control:
Provided that no such imported materials shall be permitted clearance under this notification unless a
debit entry has been made,in the said licence and the said certificate, by the proper officer of customs;
(iv) that the imports and exports are undertaken from sea ports at Bombay, Calcutta, Cochin, Kandla,
Mangalore, Marmgoa, Madras, Nhava Sheva,Paradeep, Tuticorin and Visakhapatnam, or though any of the
airports at Ahmedabad, Bangalore, Bombay, Calcutta, Delhi, Jaipur, Varanasi, Srinagar, Trivandrum, Hyderabad
and Madras or through any of the Inland Container Depots at Bangalore, Coimbatore, Delhi, New Gauhati
Goods Shed, Moradabad, Ludhiana and Hyderabad;
Provided that the Commissioner of Customs may by special order and subject to such conditions as
may be specified by him permit imports and exports from any other sea port, airport, land customs station or
inland container depots;
(v) that the export obligations is discharged, within the period specified in the said certificate or within
such extended period as may be granted by the Licencing Authority or the Director General of Foreign Trade,
GENERAL EXEMPTION NO. 16 1003
by exporting goods manufactured in India in respect of which facility under rule 191A or 191B as in force
immediately before the 1st October, 1994, or rule 12(1)(b) or rule 13(1)(b) of the Central Excise Rules, 1944,
has not been availed in respect of materials permitted under the said licence, except the benefit under
notification of the Government of India in the Ministry of Finance (Department of Revenue) No.49/94-CE-
NT dated the 22nd September, 1994;
"(vi)(a) that the facility of sale or transfer of materials or transfer of the said licence shall not be available in
respect of those materials which are permitted for import under the said licence and for which the credit of
Central Excise duty or Additional Customs duty has been availed under Rule 56A or Rule 57A of the Central
Excise Rules, 1944; and
(b) the facility provided in sub-para (a) above shall be applicable only to a manufacturer exporter or to an
exporter who has declared a supporting manufacturer and the name of the supporting manufacturer so
declared appears on the said licence."
(vii) exempt materials shall not be disposed of or utilised in any manner, except for utilisation in discharge
of export obligation, before the export obligation under the said licence has been discharged in full and export
proceeds realised;
Provided that the materials imported against an Advance Intermediate Licence issued after 31st
March, 1993, shall not be disposed of after the discharge of export obligation and realisation of sale proceeds
and such materials may be utilised by the importer for manufacture of any other goods.
Provided that Acetic Anhydride in respect of which the benefit of this notification is claimed shall be
utilised by the importer in his own factory or in the factory of any other manufacturer indicated in the said
certificate even after discharge of export obligation and realisation of export proceeds;
(viii) where benefit of the notification is sought by a person other than licencee, such benefit shall be
allowed against the said licence and the said certificate only if it bears endorsement of transferability of the
Licensing Authority.
Provided that no such endorsement of transferability shall be made by the Licensing Authority on
Advance Intermediate Licences issued after 31st march, 1993.
Provided that benefit of this notification shall not be allowed to a transferee of the licence for import of
Acetic Anhydride except where licence is endorsed for transferability before 24th November, 1993, and is
transferred to an actual user who undertakes to use the Acetic Anhydride in his own factory;
2. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
Explanation:- In this notification,-
(i) "Advance Licence" means a Quantity Based Advance Licence issued in terms of para 50, Advance
Intermediate Licence issued under para 55 or Quantity based Advance Licence issued under para 72 of the
Export and Import Policy April 1992 - March, 1997.
(ii) "Export and Import Policy April, 1992 - March 1977" means the Export and Import Policy 1 April
1992 - March 1997 published vide Public Notice of the Government of India in the Ministry of Commerce
No. 1-ITC(PN)/92-97, dated the 31st March, 1992 as amended from time to time.
GENERAL EXEMPTION NO. 16 1004
(iii) "Licensing Authority" means an authority competent to grant a licence under Imports (Control)
Order, 1955 made under the Imports and Exports (Control) Act, 1947 (18 of 1947).
(iv) "Materials" means -
(a) raw materials, components, intermediates, consumables, computer software and parts re-
quired for manufacture of export product; or in case of a Quantity based Advance Intermediate
Licence, for manufacture and supply to holder of a Special Imprest Licence for producing final
goods referred to in sub-clause (b), (c) and (d) of clause (iii) of the Explanation, in the notification
of the Government of India in the Ministry of Finance (Department of Revenue) No.128/94-Cus-
toms, dated the 10th June, 1994:
Provided that nothing contained in this notification shall apply to import of Acetic Anhydride
against licences issued after 24th November, 1993, except where such licences have been issued
with the approval of Advance Licensing Committee in the office of the Director General of Foreign
Trade;
(b) spares and mandatory spares, within a value limit of 5% of the value of the licence issued
upto the 31st March, 1993, which are required to be exported along with the export product; and
(c) packaging materials required for packing of export product.
THE SCHEDULE
QUANTITY BASED DUTY EXEMPTION ENTITLEMENT CERTIFICATE
PART - 1
(IMPORT)
Signature
Sealing of licensing authority
Date:
It has been verified that the export obligations has been discharged in full. Therefore requirement of
Bond/Legal undertaking waived.
(Strike off inapplicable portion)
Signature
Seal of licensing authority
Date:
PART A
Names and addresses of factories where the resultant products for exports are manufactured.
___________________________________________________________________________________________
___________________________________________________________________________________________
PART B
Names and addresses of the factories where the ancillaries to the resultant products for exports are
manufactured.
___________________________________________________________________________________________
___________________________________________________________________________________________
PART C
LIST OF ITEMS OF IMPORT
_________________________________________________________________________________________________________________
Sl.No. Item of Import Quantity Technical Quantity CIF Value in S.No. of the
charateristics Indian Rs. & resultant
in equivalent products in
US $ Part E
__________________________________________________________________________________________________________________
1 2 3 4 5 6 7
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
GENERAL EXEMPTION NO. 16 1006
PART D
PARTICULARS OF IMPORTS OF MATERIALS
________________________________________________________________________________________________________________
S.No. S.No. of Bill of Entry No. Description Quantity CIF
the materials and date and name and net Value
in Part C of the Custom House weight
of import
______________________________________________________________________________________________________________________________
1 2 3 4 5 6
____________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
Duty leviable but for exemption
_________________________________________________________________________________________________________
Heading No. of the First Rate of duty Amount of Signature of the
Schedule to the Customs duty Customs Officer with
Tariff Act, 1975 and (i) Basic designation and seal
Heading No. in the (ii) Additional
Schedule to the Central (iii) Auxiliary
Excise Tariff Act,
1985 for levy of
additional duty.
_________________________________________________________________________________________________________
7 8 9 10
_______________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
(Part E & F figures in the Export Part of this DEEC)
PART G
Duties paid on materials in respect of which the conditions of the said notification are not complied with
___________________________________________________________________________________________________________
S.No. S.No. in Descriptions Rate of duty Amount Particulars Signature of the
Part D quantity and leviable of of duty Customs Officer
under value of i) Basic i) duty paying
which the materials ii) Additional ii) Interest documents
import of on which iii) Auxiliary
the mate- duty is
rials has paid
been
entered
___________________________________________________________________________________________________________
1 2 3 4 5 6 7
___________________________________________________________________________________________________________
GENERAL EXEMPTION NO. 16 1007
_____________________________________________________________________________________________________________
QUANTITY BASED DUTY EXEMPTION ENTITLEMENT CERTIFICATE
PART-2
(EXPORT)
.............................................................
............................................................. (name and full address of the licencee)
Materials imported against Licence No. .................. dated .............. issued by ...................... to the
above importer and covered by the list of materials specified under part 'C' of this certificate woould be
eligible for exemption from customs duties subject to the conditions specified in the notification of the Gov-
ernment of India, Ministry of Finance, Department of Revenue No. 204/92-Customs, dated the 19th May,
1992.
The importer shall make the exports in terms of the said Notification within ............................
months from the date of clearances of issue of licence.
A Bond/Legal Undertaking, in terms of the said Notification, for Rs. ............................ shall be
executed with ...................................... (licensing authority), before clearances of the goods from the cus-
toms.
Signature
Seal of licensing authority
Date
It has been verified that the export obligation has been discharged in full. Therefore requirement of Bond/
Legal undertaking is waived.
(Strike off inapplicable portion)
Signature
Seal of licensing authority
Date
PART - A
Names and addresses of the factories where the resultant products for export are manufactured
____________________________________________________________________________________________________________________
(1) (2)
____________________________________________________________________________________________________________________
_________________________________________________________________________________________________________
GENERAL EXEMPTION NO. 16 1008
PART - B
Names and address of factories where the ancillaries to the resultant products for export are manufactured.
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
(Part C and D figures in the Imports of Part of this DEEC)
PART - E
RESULTANT PRODUCTS
_________________________________________________________________________________________________________
Sl.No. Description Quality Technical characteristics
_________________________________________________________________________________________________________
1 2 3 4
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
Quantity FOB Value in Rs./US$ S.No. of the materials in Part-C
_________________________________________________________________________________________________________
5 6 7
__________________________________________________________________________________________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________
PART - F
PARTICULARS OF EXPORTS
_________________________________________________________________________________________________________
Sl.No. Sl.No. of the Name of the Customs Shipping Bill No. Name of the vessel
resultant product House of Shipment and Date and outward entry
in art E of the vessel
_________________________________________________________________________________________________________
1 2 3 4 5
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
Quantity Net weight of the Description as FOB Signature of Customs
export product per the Shippin value in Officer with name,
Bill Rs./US $ designation and seal
& remarks if any
_________________________________________________________________________________________________________
6 7 8 9 10
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
PART - H
Statement of Imports and Exports/Supply Made
_________________________________________________________________________________________________________
Sl.No. Sl.No. of Description Quantity C.I.F. Value
part C Imported In Rs./In
Equivalent
US $
_________________________________________________________________________________________________________
1 2 3 4 5
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
Details of Exports Made
_________________________________________________________________________________________________________
Sl.No. Sl.No. of Description Quantity C.I.F. Value
part E Exported In Rs./In
Equivalent
US $
________________________________________________________________________________________________________
1 2 3 4 5
_________________________________________________________________________________________________________
1. I/We hereby declare that information given in this statement are correct.
2. I/We hereby declare that no benefit under rule 191A/191B of Central Excise Rules, 1944 has been
availed of in respect of exports made under this DEEC.
3. I/We hereby declare that no benefit, under rule 191A/rule 191B, as in force immediately before the
1st October, 1994, or rule 12(1)(b) or rule 13(1)(b) of the Central Excise Rules, 1944, except for the benefit
under notification No.49/94-CE-NT dated 22nd September, 1994 has been availed in respect of exports
made under this DEEC.
i) _____________________________________________
ii) _____________________________________________
iii) _____________________________________________
(details of inputs to be given for which credit obtained)
Signature
Name of the signatory
Designation
Full Address
Certified by Chartered Accountant/Cost Accountant
I have examined that applicant firm's actual imports and exports as given above and find them in correct.
Signature
Seal
Membership No.
GENERAL EXEMPTION NO. 16 1010
PART - I
Endoresement of Transferability
We have discharged the prescribed export obligation and the sale proceeds have been realized in full. We
request that the licence and the DEEC may please be made transferrable.
Signature
Name of the signatory
Designation
Full Address
DEEC is made transferrable
Signature
Seal of licensing authority
Date
GENERAL EXEMPTION NO. 17 1011
Exemption to goods when imported against an Advance Licence for Annual Requirement:
[Notfn. No. 94/04-Cus. dt. 10.9.2004 as amended by 46/05,77/05, 97/05, 43/06, 88/06, 63/07, 116/07, 70/08,
86/08, 16/09, 19/09, 22/09, 123/09, 93/10, 37/12, 40/12, 50/12, 4/13, 20/13, 46/13, 26/17]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts materials imported into India, against an Advance Licence for Annual Requirement or Ad-
vance Authorisation for Annual Requirement (hereinafter referred to as the said license) with actual
user condition in terms of Paragraph 4.1.10 of the Foreign Trade Policy from the whole of the duty of
customs leviable thereon which is specified in the First Schedule to the Customs Tariff Act, 1975 (51 of
1975) and from the whole of the additional duty, leviable thereon under sub-sections (1), (3) and (5) of
section 3 of the said Customs Tariff Act, subject to the following conditions namely,-
(1) that the said licence or authorisation shall be issued to a manufacturer exporter or merchant
exporter by the Licensing Authority or Regional Authority;
(2) that the said licence or authorisation is issued for an export product group, specifying the Cost
Insurance Freight Value of import permitted against it and the Free on Board Value of export obligation to be
achieved. The said licence or authorisation shall be valid for import of any input required for the manufacture
of export product, which is covered under the said export product group specified in the Hand Book of
Procedure (Volume II) of Foreign Trade Policy;
Provided that the authorizations issued on the basis of self declaration where Standard Input Output
Norms are not fixed, shall also be valid for import of inputs required for the manufacture of export products
provided the authorization holder shall prove to the satisfaction of the jurisdictional Assistant Commissioner of
Customs or Deputy Commissioner of Customs, as the case may be, that an application in Aayat Niryat form
along with documents specified therein has been submitted to the Director General of Foreign Trade, in terms
of para 4.7 of the Hand Book of Procedure (Volume I) of Foreign Trade Policy before making the first
shipment:
Provided further that in respect of the inputs specified in paragraph 4.24A(a)(i)of the Hand Book of
Procedure (Volume I) of Foreign Trade Policy, the material permitted in the said authorization shall be of the
same quality, technical characteristics and specifications as the materials used in the export of the resultant
product:
Provided also that the exporter shall give declaration with regard to the technical characteristics,
quality and specifications of materials used in the export of resultant product, in the shipping bill;
(3) that where the import takes place after fulfillment of export obligation, the shipping bill number
and date and quantity and free on board (FOB) value of the resultant product are endorsed on the said
authorisation;
GENERAL EXEMPTION NO. 18 1013
Provided that in respect of the inputs specified in Paragraph 4.24A (b) of the Handbook of Proce-
dures Vol. I of the Foreign Trade Policy, the materials permitted in the said authorisation shall be of the same
quality, technical characteristics and specifications as the materials used in the export of resultant products:
Provided further that the exporter shall give declaration, with regard to the technical characteristics,
quality and specifications of materials used in the export of resultant products, in the shipping bill;
(4) that the importer at the time of clearance of the imported materials executes a bond with such
surety or security and in such form and for such sum as may be specified by the Deputy Commissioner or
Assistant Commissioner of Customs, binding himself to pay on demand an amount equal to the duty leviable,
but for the exemption, on the imported materials in respect of which the conditions specified in this notifica-
tion have not been complied with, together with interest at the rate of fifteen per cent per annum from the
date of clearance of the said materials:
Provided that the bond shall not be necessary in respect of imports made after the discharge of
export obligation in full;
(5) that the said licence or authorisation is produced before the proper officer of customs at the
time of clearance for debit the quantity and value of imports;
(6) that the imports and exports undertaken through seaports at Mumbai, Kolkata, Cochin, Magdalla,
Kakinada, Kandla Mangalore, Marmagoa, Chennai, Nhava Sheva, Paradeep, Pipavav, Sikka, Tuticorin,
Visakhapatnam, Dahej, Mundhra, Nagapattinam, Okha, Bedi (including Rozi-Jamnagar), Muldwarka,
Porbander, Dharamtar, Vadimar and Haldia (Halida Dock Complex of Kolkata Port), Krishnapatnam and
Ennore (Tamil Nadu), Karaikal (Union territory of Puducherry) and Kattupalli (Tamil Nadu) or through any
of the airports at Ahmedabad, Bangalore, Bhubaneswar, Mumbai, Kolkata, Coimbatore, Delhi, Hyderabad,
Jaipur, Chennai, Srinagar, Trivandrum, Varanasi, Nagpur, Cochin, Rajasansi (Amritsar), Lucknow (Amausi)
Indore and Dabolim (Goa) and Visakhapatnam or through any of the Inland Container Depots at Agra,
Bangalore, Coimbatore, Delhi, Faridabad, Gauhati, Guntur, Hyderabad, Jaipur, Jallandhar, Kanpur, Ludhiana,
Moradabad, Nagpur, Pimpri (Pune), Pitampur (Indore), Surat, Tirupur, Varanasi, Nasik, Rudrapur (Nainital),
Dighi (Pune), Vadodara, Daulatabad (Wanjarwadi and Maliwada), Waluj (Aurangabad), Talegoan(District
Pune), Dhannad Rau (District Indore),Kheda (Pithampur, District Dhar), Patli (Gurgaon), Irugur Village
(Tamil Nadu), Thudiyalur (Tamil Nadu), Chettipalayam (Tamil Nadu) and Veerapandi (Tamil Nadu) Marripalem
Village in Taluk of Edlapadu, District Guntur and Tondiarpet (TNPM), Chennai and Irungattukottai, SIPCOT
IndustrialPark, Kattrambakkam Village, Sriperumbudur Taluk, Kanchipuram District, Tamil Nadu, Anaparthy
(Andhra Pradesh), Salem, Malanpur, Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai,
Bhilwara, Pondicherry, Garhi Harsaru, Bhatinda, Dappar (Dera Bassi), Chheharata (Amritsar), Karur, Miraj,
Rewari, Bhusawal, Jamshedpur, Surajpur, Dadri, Tuticorin, Kundli, Bhadohi, Raipur, Mandideep (District
Raisen), Durgapur (Export Promotion Industrial Park), Babarpur and Loni (District Gaziabad) or through
the Land Customs Station at Ranaghat, Singhabad, Raxaul, Jogbani, Nautanva (Sonauli), Petrapole, Mahadipur,
Nepalganj Road, Dawki, Agartala, Sutarkhandi, Amritsar Rail Cargo, Attari Road, Hilli, Ghojadanga and
Changrabandha or Special Economic Zone as specified in the notification issued under section 76A of the
Customs Act, 1962 (52 of 1962) :
Provided that the Commissioner of Customs may, by special order or a public notice and subject to
such conditions as may be specified by him, permit import and export through any other sea port, airport, or
Inland Container Depot or through a land customs station;
(7) that sourcing of the imported materials from Private Bonded Warehouses set up under para-
graph 2.28 of the Foreign Trade Policy would be allowed;
GENERAL EXEMPTION NO. 18 1014
(8) that the export obligation is discharged within the period as specified in the said licence or
authorisation or within such extended period as may be granted by the Licensing Authority by exporting
resultant products manufactured in India and in respect of which facility under rule 18 or sub-rule (2) of rule
19 of the Central Excise Rules, 2002 has not been availed;
Provided that an Annual Advance Intermediate Licence holder shall discharge export obligation by
supplying the resultant product to the ultimate exporter in terms of Para 4.1.3 of the Foreign Trade Policy;
(9) that the importer produces evidence of discharge of export obligation to the satisfaction of the
Deputy Commissioner of Customs or Assistant Commissioner of Customs, within a period of 30 days of the
expiry of period allowed for fulfilment of export obligation, or within such extended period as the said Deputy
Commissioner of Customs or Assistant Commissioner of Customs, may allow;
(10) that the exempt materials shall not be disposed of or utilised in any manner except for utilization
in discharge of export obligation or for replenishment of such materials and the materials so replenished shall
not be sold or transferred to any other person;
Provided further that where the Bond filed under condition (4) against the said licence or authorisation
has been redeemed by the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the
case may be, the unutilised material may be transferred to any other manufacturer except to the unit availing
the benefit of notifications, 49/03-CE and 50/03-CE both dated 10.6.03, 32/99-CE dated 8.7.1999, 33/99-CE
dated 8.7.1999, 8/04-CE dated 21.1.2004, 20/07-CE dated 25.4.2007,56/02-CE dated 14.11.2002,57/02-CE
dated 14.11.2002, 71/03-CE dated 9.9.2003, 56/03-CE dated 25.6.2003 , 39/01-CE , dated 31.7.2001 for
processing under actual user condition after complying the central excise procedure or the goods and services
tax procedure relating to job work, as the case may be.
(11) that in relation to the said license or authorisation issued to a manufacturer exporter or mer-
chant exporter,-
(a)the name and address of the supporting manufacturer is specified in the said licence or
authorisation and the said certificate and the bond required to be executed by the importer in terms of
condition (4) shall be executed jointly by the Merchant Exporter and the supporting manufacturer binding
themselves jointly and severally to comply with the conditions specified in this notification; and
(b)exempt materials are utilised in the factory of such supporting manufacturer in terms of
condition (10).
Notwithstanding anything contained in the notification, the actual user condition specified in condition
numbers (8) and (10) shall not be applicable in respect of authorisation issued for import of raw sugar for
imports made from 17th February, 2009 till 30th September, 2009 and the export obligation may also be
fulfilled by procuring white sugar from any other factory with effect from the 17th February, 2009.
3. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
Explanation.- For the purposes of this notification,-
(i) “Foreign Trade Policy” means the Foreign Trade Policy 2004-2009, published vide notification of
the Government of India in the Ministry of Commerce and Industry, No. 1/2004, dated the 31st August, 2004
as amended from time to time;
GENERAL EXEMPTION NO. 18 1015
(ii) “Licensing Authority or Regional Authority” means the Director General of Foreign Trade ap-
pointed under section 6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an
officer authorized by him to grant a licence under the said Act;
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts materials imported into India against an Advance License for Annual Requirement (hereinafter
referred to as the said license), with Actual User Condition in terms of Paragraph 4.1.7A of the Export and
Import Policy from the whole of the duty of customs leviable thereon which is specified in the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975) and from the whole of the additional duty leviable
thereon under sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff Act, subject to the follow-
ing conditions, namely,-
(1) that the said licence shall be issued to a manufacturer exporter or merchant exporter holding Export
House, Trading House, Star Trading House or Super Star Trading House Certificate issued by the Licensing
Authority.
(2) that the said licence is issued for an export product group specifying the Cost Insurance Freight Value
(CIF value) of import permitted against it and the Free on Board Value (FOB value) of export obligation to
be achieved. The said licence shall be valid for import of any input required for the manufacture of export
product, which is covered under the said export product group specified in the Hand Book of Procedure
Volume II of Export and Import Policy;
(3) that an Actual User Duty Exemption Entitlement Certificate (hereinafter referred to as the said certifi-
cate) is issued to the holder of the said licence by the Licensing Authority in the form specified in the
Schedule annexed to this notification. At the time of import, the full details of value, quantity, technical
characteristics and other particulars, of the inputs imported against the said licence shall be entered in part
‘C’ of the said certificate by the proper officer;
(4) that the importer at the time of clearance of the imported materials executes a bond with such surety or
security and in such form and for such sum as may be specified by the Deputy Commissioner of Customs or
Assistant Commissioner of Customs, binding himself to pay on demand an amount equal to the duty levi-
able, but for the exemption, on the imported materials in respect of which the conditions specified in this
notification have not been complied with, together with interest at the rate of fifteen per cent per annum
from the date of clearance of the said materials:
Provided that the bond shall not be necessary in respect of imports made after the discharge of export
obligation in full;
(5) that the said licence and the said certificate are produced before the proper officer of customs at the
time of clearance for debit;
(6) that the imports and exports are undertaken through sea ports at Mumbai, Calcutta, Cochin, Magdalla,
Kakinada, Kandla, Mangalore, Marmagoa, Madras, Nhava Sheva, Paradeep, Pipavav, Sikka, Tuticorin,
Visakhapatnam, Dahej, Nagapattinam , Okha, Mundra, Bedi (including Rozi-Jamnagar), Muldwarka,
GENERAL EXEMPTION NO. 19 1017
Porbander, Dharamtar, Vadimar and Haldia (Halida Dock Complex of Kolkata Port) and Krishnapatnam or
through any of the airports at Ahmedabad, Bangalore, Bhubaneshwar, Mumbai, Kolkata, Coimbatore, Delhi,
Hyderabad, Jaipur, Madras, Srinagar, Trivandrum, Varanasi, Nagpur, Cochin, Rajasansi (Amritsar), Lucknow
(Amausi) Indore and Dabolim (Goa) or through any of the Inland Container Depots at Agra, Bangalore,
Coimbatore, Delhi, Faridabad, Gauhati, Guntur, Hyderabad, Jaipur, Jallandhar, Kanpur, Ludhiana, Moradabad,
Nagpur, Pimpri (Pune), Pitampur (Indore), Surat, Tirupur, Varanasi, Nasik, Rudrapur (Nainital), Dighi (Pune),
Vadodara, Daulatabad (Wanjarwadi and Maliwada), Waluj (Aurangabad), Anaparthy (Andhra Pradesh),
Salem, Malanpur, Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai, Garhi Harsaru,
Bhilwara, Pondicherry, Bhatinda, Dappar (Dera Bassi), Chheharata (Amritsar), Karur, Miraj, Rewari,
Bhusawal, Jamshedpur, Surajpur, Dadri, Tuticorin, Kundli, Bhadohi, Raipur, Mandideep (District Raisen),
Durgapur (Export Promotion Industrial Park), Babarpur and Loni (District Gaziabad) or through the Land
Customs Station at Ranaghat, Singhabad, Raxaul, Jogbani, Nautanva (Sonauli), Petrapole, Mahadipur,
Nepalganj Road, Dawki, Agartala, Sutarkhandi, Amritsar Rail Cargo, Attari Road, Hilli, Ghojadanga and
Changrabandha or Special Economic Zone as specified in the notification issued under section 76A of the
Customs Act, 1962 (52 of 1962).
Provided that the Commissioner of Customs may by special order or a public notice and subject to
such conditions as may be specified by him, permit import and export through any other sea port, airport, or
Inland Container Depot or through a land customs station;
(7) that sourcing of the imported materials from Private Bonded Warehouses set up under paragraph 2.28
of the Export and Import Policy would be allowed;
(8) that the export obligation is discharged within eighteen months from the date of issue of the said
licence or within such extended period as may be granted by the Licensing Authority by exporting resultant
products manufactured in India. At the time of export, the full details of value, quantity, technical character-
istics, and other particulars, of the resultant export product (hereinafter referred to as resultant product) shall
be entered in part ‘E’ of the said certificate by the proper officer;
Provided that an Annual Advance Intermediate Licence holder shall discharge export obligation by
supplying the resultant export product to the ultimate exporter in terms of Para 4.1.7A of the Export and
Import Policy.
(9) that the importer produces evidence of discharge of export obligation to the satisfaction of the Deputy
Commissioner of Customs or Assistant Commissioner of Customs, within a period of 30 days of the expiry
of period allowed for fulfilment of export obligation, or within such extended period as the said Deputy
Commissioner of Customs or Assistant Commissioner of Customs, may allow;
(10) that the exempt materials shall not be disposed of or utilised in any manner except for utilisation in
discharge of export obligation or for replenishment of such materials and the materials so replenished shall
not be sold or transferred to any other person;
(11) that in relation to the said license issued to a manufacturer exporter or merchant exporter,-
(a) the name and address of the supporting manufacturer is specified in the said licence and the said
certificate and the bond required to be executed by the importer in terms of condition (4) shall be executed
jointly by the Merchant Exporter and the supporting manufacturer binding themselves jointly and severally
to comply with the conditions specified in this notification; and
GENERAL EXEMPTION NO. 19 1018
(b) exempt materials are utilised in the factory of such supporting manufacturer in terms of condition (10).
2. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
Explanation : In this notification, -
(i) “Export and Import Policy” means the Export and Import Policy 2002-2007, published vide notification
of the Government of India in the Ministry of Commerce and Industry No. 1/2003, dated the 31st March,
2003, as amended from time to time;
(ii) “Licensing Authority” means the Director General of Foreign Trade appointed under section 6 of the
Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised by him to
grant a licence under the said Act;
(iii) “materials” means, -
(a) raw materials, components, intermediates, consumables, computer software and parts required for manu-
facture of resultant product specified in Part “ E” of the said certificate by the proper officer;
(b) mandatory spares within a value limit of 10% of the value of the licence which are required to be
exported along with the resultant product; and
(c) packaging materials required for packing of resultant product.
THE SCHEDULE
ACTUAL USER DUTY EXEMPTION ENTITLEMENT CERTIFICATE
PART -1
(IMPORT)
(This consists of ................ Pages)Sl. No................................(IMP) Date of issue.......................Port of Reg-
istration ...................... Issued to.............................. (name and full address of the licencee).
Materials imported against licence No................dated, .............issued by...........to the above licencee would
be eligible for exemption from customs duties subject to the conditions specified in the notification of the
Government of India, Ministry of Finance and Company Affairs, Department of Revenue No.......... Cus-
toms, dated the.....................
Bond with security/surety in terms of the said notification shall be executed before clearance of the goods
from the Customs.
Signature
Seal of Licensing Authority
Date :
PART – A
Name and addresses of the factories where the resultant products for export are manufactured.
__________________________________________________________________________________________________
__________________________________________________________________________________________________
PART-B
Name and addresses of factories where the ancillaries to the Resultant products for export are manufac-
tured.
GENERAL EXEMPTION NO. 19 1019
__________________________________________________________________________________________________
__________________________________________________________________________________________________
PART-C
List of Materials of Import
(a) MATERIALS TO BE IMPORTED UNDER THIS CERTIFICATE
____________________________________________________________________________________________
Sl. No. Item of Import Quality Technical-Characteristics
____________________________________________________________________________________________
1 2 3 4
____________________________________________________________________________________________
____________________________________________________________________________________________
Quantity CIF Value in Indian Rs. and in S. No. of the resultant
products in part E equivalent to US $
____________________________________________________________________________________________
5 6 7
____________________________________________________________________________________________
_________________________________________________________________________________________
(b) OTHER IMPORTED MATERIALS TO BE USED IN EXPORT PRODUCT
____________________________________________________________________________________________
Sl. No. Description Quantity Value
____________________________________________________________________________________________
1 2 3 4
____________________________________________________________________________________________
_______________________________________________________________________________________
PART - D
Particulars of Import of Materials
____________________________________________________________________________________________
Sl. No. of the materials Bill of Entry No. date and Description Quantity
No. in Part-C Customs House of import and Net weight
____________________________________________________________________________________________
1 2 3 4 5
____________________________________________________________________________________________
____________________________________________________________________________________________
CIF Duty leviable but for exemption_____________________ Signature of
Value Heading No. of the First Schedule Rate Amount the Customs
to the Customs Tariff Act, 1975 of of duty Officer with
and Heading No. in the Schedule duty Name, Designation
to the Central Excise Tariff Act, and Seal
1985 for levy of Additional duty
____________________________________________________________________________________________
6 7 8 9 10
____________________________________________________________________________________________
GENERAL EXEMPTION NO. 19 1020
________________________________________________________________________________________
(Parts E and F figure in the Export Part of this DEEC)
PART –G
Duties paid on materials in respect of which the conditions of said notification are not complied with.
__________________________________________________________________________________________________
Sl.No. Sl. No. in Part D under Description, Rate of duty
which the import of the Quantity and value leviable
materials has been of materials on (i) Basic
entered which duty paid (ii) Additional
(iii) Others
________________________________________________________________________________________
1 2 3 4
__________________________________________________________________________________________
_______________________________________________________________________________________
Amount of (i) Duty (ii) Interest Particulars of duty Signature of the Customs
paying documents Officer
_________________________________________________________________________________________
5 6 7
________________________________________________________________________________________
________________________________________________________________________________________
(EXPORT) (This consists of ......................................pages)
Sl. No......................(EXP) date of issue..............................................
Port of Registration......................................................... ..........
Issued to.............................................................................
.................................................................... (name and full address of the licencee).
Materials imported against Licence No.............dated........... issued by...............to the above licencee would
be eligible for exemption from customs duties subject to the conditions specified in the notification of the
Government of India, Ministry of Finance, Department of Revenue No................Customs, dated the .........
A Bond with surety/security in terms of the said notification, shall be executed before clearance of the goods
from the Customs.
Signature
Seal of licensing authority
Date :
GENERAL EXEMPTION NO. 19 1021
PART-A
Name and addresses of the factories where the Resultant products for export are manufactured.
_________________________________________________________________________________________
_______________________________________________________________________________________
PART -B
Name and addresses of factories where the ancillaries to the Resultant products for export are manufactured.
_________________________________________________________________________________________
________________________________________________________________________________________
(Part C and D figure in the Imports Part of this DEEC)
PART –E
Resultant products
________________________________________________________________________________________
Sl. No. Description Quality Technical Characteristics
_______________________________________________________________________________________
1 2 3 4
________________________________________________________________________________________
__________________________________________________________________________________________
Quantity FOB Value in Rs./U$ Sl. No. of the materials in Part-C
_________________________________________________________________________________________
5 6 7
________________________________________________________________________________________
_______________________________________________________________________________________
PART -F
Particulars of exports
________________________________________________________________________________________
Sl. No. S. No. of the Name of the Shipping Name of the
resultant Custom House Bill No. Vessel and
product in of Shipment and date outward entry
Part-B of the vessel
________________________________________________________________________________________
1 2 3 4 5
________________________________________________________________________________________
________________________________________________________________________________________
Quantity Net weight Description as per FOB value in Signature of Customs
of the product the Shipping Bill Rs./US $ Officer with name,
designation and seal and
remarks if any
________________________________________________________________________________________
6 7 8 9 10
________________________________________________________________________________________
GENERAL EXEMPTION NO. 19 1022
________________________________________________________________________________________
PART -H
Statement of imports and exports made
Details of Imports made :
________________________________________________________________________________________
S. No S.No.of Description Quantity Imported CIF Value in Rs./in
Part-C equivalent to US$
________________________________________________________________________________________
1 2 3 4 5
________________________________________________________________________________________
___________________________________________________________________________________________
Details of Exports made :
________________________________________________________________________________________
S.No. S. Number in Part-E Description Quantity exported FOB Value in Rs./in
equivalent US $
________________________________________________________________________________________
1 2 3 4 5
________________________________________________________________________________________
_________________________________________________________________________________________
1. I/We hereby declare that information given in this statement is correct.
2. I/We hereby declare that no benefit under rule ___________ and Rule _______ of Central Excise Rules,2002
has been availed in respect of exports made under this DEEC.
Signature
Name of the Signatory
Designation
Full Address
Certificate of Chartered Accountant/Cost Accountant
I have examined the applicant firm’s actual imports and exports as given above and find them as correct.
Signature
Seal
Membership No
GENERAL EXEMPTION NO. 20 1023
Exemption to Imports against an Annual advance Licence with actual user condition -
[Notifn. No.48/99-Cus. dt. 29.4.99 as amended by Notifn. Nos. 90/99, 121/99, 47/2000, 120/00, 30/
01, 59/01, 122/01, 9/02, 113/02, 125/02, 84/03, 97/03, 63/04, 46/13, 26/17]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52
of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts materials imported into India, against an Advance Licence for Annual Requirement (hereinaf-
ter referred to as the said licence), with Actual User Condition in terms of paragraph 7.2 of the Export and
Import Policy or annual Advance Licence (hereinafter referred to as the said licence), with Actual User
Condition in terms of paragraph 7.4A of the Export and Import Policy 1998-99 notified by the Government of
India in the Ministry of Commerce vide notification No.1(RE-99)/1997-2002, dated the 31st March, 1999
from the whole of the duty of customs leviable thereon which is specified in the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975) and from the whole of the Additional duty leviable thereon under
sub-sections (1), (3) and (5) of section 3of the said Customs Tariff Act, subject to the following conditions,
namely:-
(i) The said Licence is issued for an export product group specifying the Cost Insurance Freight Value
(CIF value) of import permitted against it and the Free on Board Value (FOB value) of export obligation to be
achieved. The said licence shall be valid for import of any input required for the manufacture of export
product which is covered under the said export product group specified in the Hand Book of Procedure
Volume II of Export and Import Policy.
(ia) an Actual User Duty Exemption Entitlement Certificate (hereinafter referred to as the said certifi-
cate) is issued to the holder of the said licence by the Licensing Authority in the form specified in the
Schedule annexed to this notification. At the time of import, the full details of value, quantity, technical
characteristics and other particulars, of the inputs imported against the said licence shall be entered in part 'C'
of the said certificate by the proper officer;
(ii) that the importer at the time of clearance of the imported materials executes a bond with such surety
or security and in such form and for such sum as may be specified by the Assistant Commissioner of
Customs or Deputy Commissioner of Customs binding himself to pay on demand an amount equal to the duty
leviable, but for the exemption, on the imported materials in respect of which the conditons specified in this
notification have not been compiled with, together with interest at the rate of fifteen per cent per annum from
the date of clearance of the said materials;
(As per Sec.120(1) of Finance Act, 2003, the rate of fifteen per cent is applicable w.e.f. 29.4.1999)
Provided that the bond shall not be necessary in respect of imports made after the discharge of
export obligation in full;
(iii) that the said licence and the said certificate are produced before the proper officer of customs at the
time of clearance for debit;
(iv) that the imports and exports are undertaken through sea ports at Mumbai, Calcutta, Cochin, Magdalla,
Kakinada, Kandla, Mangalore, Marmagoa, Madras, Nhava Sheva, Paradeep, Pipavav, Sikka, Tuticorin,
Visakhapatnam, Dahej, Nagapattinam, Okha, Mundra, Jamnagar and Muldwarka or through any of the
airports at Ahmedabad, Bangalore, Bhubaneshwar,Mumbai, Calcutta, Coimbatore, Delhi, Hyderabad, Jaipur,
GENERAL EXEMPTION NO. 20 1024
Madras, Srinagar, Trivandrum, Varanasi, Nagpur and Cochin or through any of the Inland Container Depots
at Agra, Bangalore, Coimbatore, Delhi, Faridabad, Gauhati, Guntur, Hyderabad, Jaipur, Jalandhar, Kanpur,
Ludhiana, Moradabad, Nagpur, Pimpri (Pune), Pitampur (Indore), Surat, Tirupur, Varanasi, Nasik, Rudrapur
(Nainital), Dighi (Pune), Vadodra, Daulatabad (Wanjarwadi and Maliwada), Waluj (Aurangabad), Anaparthy
(Andhra Pradesh), Salem, Malanpur, Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai,
Bhilwada ,Pondicherry, Garhi Harsaru, Bhatinda, Dappar (Dera Bassi), Chheharata (Amritsar), Karur, Miraj,
Rewari, Bhusawal, Jamshedpur, Surajpur and Dadri or through the Land Customs Station at Ranaghat,
Singhabad, Raxaul, Jogbani, Nautanva (Sonauli), Petrapole and Mahadipur.
Provided that the Commisioner of Customs may by special order and subject to such conditions as
may be specified by him, permit import and export through any other sea port, airport, or Inland Container
Depot or through a land customs station;
(v) that the sourcing of the imported materials from private bonded warehouses set up under para 4.15
of the Export and Import Policy would be allowed;
(vi) that the export obligation is discharged within eighteen months from the date of issue of the said
licence or within such extended period as may be granted by the Licensing Authority by exporting resultant
products manufactured in India. At the time of export, the full details of value, quantity, technical character-
istics, and other particulars, of the resultant export product (hereinafter referred to as resultant product) shall
be entered in part 'E' of the said certificate by the proper officer;
Provided that an Annual Intermediate Licence holder may discharge export obligation by supplying the result-
ant products to ultimate exporter holding Annual Advance Licence in terms of paragraph 7.3 (b) of the Export
and Import Policy 1997-2002, notified by the Government of India in the Ministry of Commerce, vide notifi-
cation No. 1(RE-00)/1997-2002 dated the 31st March, 2001;
(vii) that the importer produces evidence of discharge of export obligation to the satisfaction of the Assis-
tant Commissioner of Customs or Deputy Commissioner of Customs within a period of 30 days of the expiry
of period allowed for fulfilment of export obligation, or within such extended period as the said Assistant
commissioner of Customs or Deputy Commissioner of Customs may allow:
(viii) exempt materials shall not be disposed of or utilised in any manner except for utilisation in discharge
of export obligation or for replenishment of such materials and materials so replenished shall not be sold or
transferred to any other person:
(ix) that in relation to the said licence issued to a Merchant Exporter holding Export House, Trading
House, Star Trading House or Super Star Trading House Certificate,
(a) the name and address of the supporting manufacturer is specified in the said licence
and the said certificate and the bond required to be executed by the importer in terms
of condition (ii) shall be executed jointly by the Merchant Exporter and the
supporting manufacturer binding themselves jointly and severally to comply with the
conditions specified in this notification: and
(b) exempt materials are utilised in the factory of such supporting manufacturer in terms
of condition (viii).
(x) This notification shall come into force on and from the 1st July, 1999.
GENERAL EXEMPTION NO. 20 1025
2. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
(i) "Export and Import Policy" means the Export and Import Policy 1997-2002, published vide
notification of the Government of India in Ministry of Commerce No.1/1997-2002 dated the 31st March,
1997.
(ii) "Licencing Authority" means the Director General of Foreign Trade appointed under section
6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised by him
to grant a licence under the said Act;
(iii) "Materials " means -
(a) raw materials, components, intermediates, consumables, computer software and
parts required for manufacture of resultant product specified in Part E of the said
certificate by the proper officer.
(b) mandatory spares within a value limit of ten per cent of the value of the licence
which are required to be exported alongwith the resultant product; and
(c) packaging materials required for packing of resultant product.
(iv) Annual Advance Licence includes Annual Advance Licence for Intermediate Supply issued
in terms of paragraph 7.3(b) of the Export and Import Policy 1997-2002, notified by the Government of India
in the Ministry of Commerce, vide notification No.1(RE-00) 1997-2002 dated the 31st March, 2001.
THE SCHEDULE
ACTUAL USER DUTY EXEMPTION ENTITLEMENT CERTIFICATE
PART-I
(IMPORT)
Issued to ................................................................
................................................................ (Name and full address
................................................................ of the Licencee)
Bond with security/surety in terms of the said notification, shall be executed before clearance of the
goods from the Customs.
Signature
GENERAL EXEMPTION NO. 20 1026
PART - A
Name and addresses of the factories where the resultant products for export are manufactured.
__________________________________________________________________________________________
__________________________________________________________________________________________
PART - B
Name and addresses of factories where the ancillaries to the resultant products for export are manufactured.
__________________________________________________________________________________________
__________________________________________________________________________________________
PART - C
List of materials of import
________________________________________________________________________________________
(Part E and F figure in the Export Part of this DEEC)
PART G
Duties paid on materials in respect of which the conditions of said notification are not complied with
__________________________________________________________________________________________
Sl.No. Sl.No. in Part D under Description, Quantity and Rate of Duty leviable
which the import of the Value of materials on which (i) Basic
materials has been entered duty paid (ii) Additional
(iii) Others
__________________________________________________________________________________________
1 2 3 4
____________________________________________________________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________
Amount of Particulars of duty paying Signature of the Customs
(i) Duty documents Officer
(ii) Interest
__________________________________________________________________________________________
5 6 7
__________________________________________________________________________________________
__________________________________________________________________________________________
ACTUAL USER DUTY EXEMPTION ENTITLEMENT CERTIFICATE
PART - 2
(EXPORT)
Issued to ................................................................
................................................................ (Name and full address
................................................................ of the Licencee)
Materials imported against Licence No.............. dated ............... issued by .............. to the above
licencee would be eligible for exemption from customs duties subject to the conditions specified in the
notification of the Government of India, Ministry of Finance, Department of Revenue No.............. Customs,
dated the ................. 1999.
A Bond with surety/security in terms of the said notification, shall be executed before clearance of
the goods from the Customs.
Signature
Seal of Licensing authority
Dated
PART - A
Name and addresses of the factories where the resultant products for export are manufactured.
__________________________________________________________________________________________
__________________________________________________________________________________________
PART - B
Name and addresses of factories where the ancillaries to the resultant products for export are manufactured.
__________________________________________________________________________________________
__________________________________________________________________________________________
(Part C and D figure in the Imports part of this DEEC)
PART - E
Resultant products
__________________________________________________________________________________________
Sl.No. Description Quality Technical Characteristics
__________________________________________________________________________________________
1 2 3 4
__________________________________________________________________________________________
__________________________________________________________________________________________
Quantity FOB value in Rs./US$ Sl. No. of the materials in Part-C
___________________________________________________________________________________________
5 6 7
____________________________________________________________________________________________
_________________________________________________________________________________________
PART - F
Particulars of exports
__________________________________________________________________________________________
Sl.No. Sl.No. of the Name of the Shipping Bill Name of the
resultant product in Customs House No. and date Vessel and
GENERAL EXEMPTION NO. 20 1029
Part B of Shipment outward entry
of the Vessel
__________________________________________________________________________________________
1 2 3. 4 5
__________________________________________________________________________________________
__________________________________________________________________________________________
Quantity Net weight Description FOB Value Signature of Customs
of the product as per the Shipping in Rs./US$ Officer with name,
Bill designation and Seal
and Remarks, if any
__________________________________________________________________________________________
6 7 8 9 10
__________________________________________________________________________________________
__________________________________________________________________________________________
PART - H
Statement of imports and exports made
Details of Imports Made :
__________________________________________________________________________________________
S.No. S.No. of Description Quantity CIF value in Rs./ in
Part C Imported equivalent US$
__________________________________________________________________________________________
1 2 3 4 5
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
1. I/we hereby declare that information given in this statement is correct.
2. I/We hereby declare that no benefit under *rule 18 or rule 19 of the Central Exicse (No.2) Rules,
2001 has been availed in respect of exports made under this DEEC.
Signature
Name of the signatory
Desingation
Full Address
1030
I have examined the applicant firm's actual imports and exports as given above and find them as correct.
Signature
Seal
Membership No.
GENERAL EXEMPTION NO. 21 1031
Exemption from Anti-dumping duty to imports against Annual advance licence when utilised in
discharge of export obligation.
[Notifn. No.75/99-Cus. dt.11.6.1999].
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52
of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts articles imported into India, against an Annual Advance Licence from whole of the anti-dumping
duty leviable thereon under section 9A of the Customs Tarif Act, 1975 (51 of 1975), subject to the condition
that the exempt articles shall not be disposed of or utilised in any manner except for utilisation in discharge of
export obligation in accordance with the said Annual Advance Licence.
Explanation - In this notification, "Annual Advance Licence" means, an annual advance licence issued in
terms of paragraph 7.4A of the Export and Import Policy 1997 - 2002 published vide notification of the
Government of India in Ministry of Commerce No. 1 (RE-99)/1997-2002, dated the 31st March, 1999, as
amended from time to time.
GENERAL EXEMPTION NO. 22 1032
Exemption to goods when imported against an Advance Licence for Deemed Exports.
[Notfn. No. 91/04-Cus. dt. 10.9.2004 as amended by 46/05, 77/05, 97/05, 43/06, 63/07, 116/07, 70/08,19/09,
123/09, 93/10, 37/12, 40/12, 50/12, 4/13, 20/13, 46/13, 26/17]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts materials required for the manufacture of the final goods when imported into India, from whole of
the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)
and from the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3,
safeguard duty leviable thereon under section 8B and anti-dumping duty leviable thereon under section 9A of
the said Customs Tariff Act, -
*Substituted vide sec.139 of Finance Act, 2016 (w.e.f 10.9.2004)
Provided that exemption from safeguard duty and anti-dumping duty shall not be available in respect
of materials required for final goods as defined in clause (a), (b), (c), (h) and (i) of the explanation to this
notification,-
(ii) that the said licence or authorisation contains the endorsements specifying, inter alia,-
(a) the description, quantity and value of materials allowed to be imported under the said licence;
(b) the description and quantity of materials allowed to be imported duty free; and
(c) the description and quantity of final goods to be manufactured out of, or with, the imported
materials;
(iii) that the importer executes a bond with such surety or security and in such form and for such sum
as may be specified by the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as
the case may be, binding himself to pay on demand, an amount equal to the duty leviable on the imported
material but for the exemption contained herein, in respect of which the conditions specified in this notification
have not been complied with together with interest at the rate of fifteen per cent per annum from the date of
clearance of materials;
(iv) that the importer produces evidence of having discharged obligation to supply final goods to the
satisfaction of the said Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the
case may be, within a period of thirty days from the expiry of the period allowed for fulfilment of obligation
to supply final goods or within such extended period as the Deputy Commissioner of Customs or Assistant
Commissioner of Customs, as the case may be, may allow; and
GENERAL EXEMPTION NO. 22 1033
(v) that the exempt materials are utilised for manufacture of final goods and no portion of such
materials shall be loaned, transferred, sold or disposed of in any other manner :
Provided that where final goods in respect of which the said materials have been imported have
already been manufactured and supplied as required under this notification, the importer may use the said
materials for the manufacture of any other goods;
Provided further that where the Bond filed under condition (iii) against the said licence or
authorisation, has been redeemed by the Deputy Commissioner of Customs or Assistant Commissioner of
Customs, as the case may be, the unutilised material may be transferred to any other manufacturer for
processing under actual user condition after complying the central excise procedure or the goods and ser-
vices tax procedure relating to job work, as the case may be.
(vi) that the imports and exports are undertaken through sea ports at Mumbai, Kolkata, Cochin, Magdalla,
Kakinada, Kandla Mangalore, Marmagoa, Chennai, Nhava Sheva, Paradeep, Pipavav, Sikka, Tuticorin,
Visakhapatnam, Dahej, Mundhra, Nagapattinam, Okha, Bedi (including Rozi-Jamnagar), Muldwarka,
Porbander, Dharamtar and Vadimar and Haldia (Halida Dock Complex of Kolkata Port), Krishnapatnam
and Ennore (Tamil Nadu), Karaikal (Union territory of Puducherry) and Kattupalli (Tamil Nadu) or through
any of the airports at Ahmedabad, Bangalore, Bhubaneswar, Mumbai, Kolkata, Coimbatore, Delhi, Hyderabad,
Jaipur, Chennai, Srinagar, Trivandrum, Varanasi, Nagpur, Cochin, Rajasansi (Amritsar), Lucknow (Amausi),
Indore and Dabolim (Goa) and Visakhapatnam or through any of the Inland Container Depots at Agra,
Bangalore, Coimbatore, Delhi, Faridabad, Gauhati, Guntur, Hyderabad, Jaipur, Jallandhar, Kanpur, Ludhiana,
Moradabad, Nagpur, Pimpri (Pune), Pitampur (Indore), Surat, Tirupur, Varanasi, Nasik, Rudrapur (Nainital),
Dighi (Pune), Vadodara, Daulatabad (Wanjarwadi and Maliwada), Waluj (Aurangabad), Talegoan(District
Pune), Dhannad Rau (District Indore),Kheda (Pithampur, District Dhar),Patli (Gurgaon), Irugur Village
(Tamil Nadu), Thudiyalur (Tamil Nadu), Chettipalayam (Tamil Nadu) and Veerapandi (Tamil Nadu),
Marripalem Village in Taluk of Edlapadu, District Guntur and Tondiarpet (TNPM), Chennai and
Irungattukottai, SIPCOT IndustrialPark, Kattrambakkam Village, Sriperumbudur Taluk, Kanchipuram District,
Tamil Nadu, Anaparthy (Andhra Pradesh), Salem, Malanpur, Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad,
Bhiwadi, Madurai, Bhilwara, Pondicherry, Garhi Harsaru, Bhatinda, Dappar (Dera Bassi), Chheharata
(Amritsar), Karur, Miraj, Rewari, Bhusawal, Jamshedpur, Surajpur, Dadri, Tuticoin, Kundli, Bhadohi, Raipur,
Mandideep (District Raisen), Durgapur (Export Promotion Industrial Park), Babarpur and Loni (District
Gaziabad) or through the Land Customs Station at Ranaghat, Singhabad, Raxaul, Jogbani, Nautanva (Sonauli),
Petrapole, Mahadipur, Nepalganj Road, Dawki, Agartala, Sutarkhandi, Amritsar Rail Cargo Attari Road,
Hilli, Ghojadanga and Changrabandha or Special Economic Zone as specified in the notification issued
under section 76A of the Customs Act, 1962 (52 of 1962).
Provided that the Commissioner of Customs may, by special order, and subject to such conditions as
may be specified by him, permit import and export through any other sea port, airport or inland container
depot or through a land customs station.
2. The said materials required for the manufacture of the final goods, when imported into India and
supplied to Export Oriented Unit, Electronic Hardware Technology Park and Software Technology Park,
shall be exempted from the whole of the duty of customs leviable thereon, under the First Schedule to the said
Customs Tariff Act and from the whole of the additional duty leviable thereon under sub-sections (1), (3) and
(5) of section 3, safeguard duty leviable thereon under section 8B and anti-dumping duty leviable thereon
under section 9A of the said Customs Tariff Act subject to the conditions mentioned in Paragraph 1.
3. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
GENERAL EXEMPTION NO. 22 1034
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
Explanation – For the purposes of this notification
(i) “Export Oriented Units” has the same meaning as assigned to it in paragraph 9.24 of the
Foreign Trade Policy;
(f) supply of goods to any project or purpose in respect of which the Government of
India in the Ministry of Finance, by notification, permits the import of such goods
at Zero duty of customs and where such supplies are made by following the procedure
of International Competitive Bidding without including the element of duties of
customs;
(g) supply of goods to power and refinery projects not covered in sub-clause (f) where
such supplies are made by following the procedure of International Competitive
Bidding without including the element of duties of customs;
(h) supply of Marine Freight Containers by Export Oriented Units (Domestic freight
containers manufacturers) provided the said containers are exported out of India
within 6 months or such further period as may be permitted by the Deputy Com-
missioner of Customs or the Assistant Commissioner of Customs as the case may
be;
GENERAL EXEMPTION NO. 22 1035
(iv) “Licensing Authority” means the Director General of Foreign Trade appointed under sec-
tion 6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an
officer authorized by him to grant a licence under the said Act;
In exercise of the powers conferred by sub-section (i) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts materials required for the manufacture of the final goods when imported into India, from whole of
the duty of Customs leviable thereon, under the First Schedule to the Customs Tariff Act, 1975 (51 of
1975), and from the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of
section 3 of the said Customs Tariff Act subject to the following conditions, namely:-
(a) the description, quantity and value of materials allowed to be imported under the said li-
cence;
(b) the description and quantity of materials allowed to be imported duty free; and
(c) the description and quantity of final goods to be manufactured out of, or with the imported
materials;
(3) the importer executes a bond with such surety or security and in such form and for such sum as may
be specified by the Assistant Commissioner of Customs or Deputy Commissioner of Customs binding
himself to pay on demand, an amount equal to the duty levaible on the imported material but for the
exemption contained herein, in respect of which the conditions specified in this notification have
not been complied with together with interest at the rate of 15 per cent per annum from the date of
clearance of materials;
(4) that the importer produces evidence of having discharged obligation to supply final goods to the
satisfaction of the said Assistant commissioner of customs or Deputy commissioner of Customs
within a period of thirty days from the expiry of the period allowed for fulfilment of obligation to
supply final goods or within such extended period as the Assistant Commissioner of Customs or
Deputy Commissioner of Customs may allow; and
( 5) that the exempt materials are utilised for the manufacture of final goods and no portion of such
materials shall be loaned, transferred, sold or disposed of in any other manner;
Provided that where final goods in respect of which the said materials have been imported
have already been manufactured and supplied as required under this notification, the importer may
use the said materials for the manufacture of any other goods;
(6) that the imports and exports are undertaken through sea ports at Mumbai, Sikkim, Kolkatta, Cochin,
GENERAL EXEMPTION NO. 23 1037
2. The said materials required for the manufacture of the final goods, when imported into India and
supplied to Export Oriented Unit, Special Economic Zone, Electronic Hardware Technology
Park and Software Technology Park, shall be exempted from the whole of the duty of customs
leviable thereon, under the First Schedule to the said Customs Tariff Act and from the whole of the
additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3, safeguard duty
leviable thereon under section 8B and anti-dumping duty leviable thereon under section 9A of the
said Customs Tariff Act subject to the conditions mentioned in paragraph 1.
3. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
Explanation- In this notification
(i) “Licensing Authority" means the Director General of Foreign Trade appointed under Sec-
tion 6 of the Foreign Trade (Development and Regulation)Act, 1922 (22 of 1992) or an
officer authorized by him to grant a licence under the said Act;
(ii) “Materials"- means-
(a) raw materials, components, intermediates consumables, computer software and parts re-
quired for the manufacture of final goods;
(b) packing materials required for the packing of final goods to be supplied;
(iii) “ final goods" means,-
GENERAL EXEMPTION NO. 23 1038
(a) supplies against Advance Licence/DFRC under the Duty Exemption /Remission Scheme;
(b) supplies made to 100 percent Export Oriented Units (EOUs) or units located in Export
Processing Zones (EPZ) or Special Economic Zones (SEZ) or Software Technology Parks
(STP) or Electronic Hardware Technology Parks (EHTP);
(c) supply of capital goods to the holders of licence under Chapter 5 of the Export and Import
Policy;
(d) supplies made to projects financed by multilateral or bilateral agencies/funds as notified by
the Government of India in the Ministry of Finance (Department of Economic Affairs)
under international competitive bidding in accordance with the procedures of those agencies/
funds where the legal agreements provide for tender evaluation without including the customs
duty;
(e) supply of capital goods including capital goods in unassembled/dissembled condition in-
cluding plant, machinery, accessories, tools, dies and such goods which are used for instal-
lation purpose till the stage of commercial production, and spares to the extent of 10 per-
cent of the FOR value of such capital goods for fertilizer plants;
(f) supply of goods to any project or purpose in respect of which the Ministry of Finance, by a
notification, permits the import of such goods at Zero customs duty coupled with the exten-
sion of benefits specified in chapter 8 of the Export and Import Policy for domestic sup-
plies;
(g) supply of goods to power and refinery projects not covered in (f) above;
(h) supply of Marine Freight Containers by 100 percent Export Oriented Units (Domestic freight
containers manufacturers) provided the said containers are exported out of India within 6
months or such further period as permitted by Customs;
(i) supplies made to projects funded by United Nation agencies;
(j) supplies made to nuclear power projects through competitive bidding;
(iv) “Export processing Zone” “hundred percent export oriented units" and “special economic
zones"; have the same meaning as in Explanation 2 to Section 3 of the Central Excise Act,
1944 (1 of 1944) respectively.
(v) "Export and Import Policy" means Export and Import Policy 2002-2007, notified vide No-
tification No. 1/2002-2007, dated the 31st March, 2002.
GENERAL EXEMPTION NO. 24 1039
Exemption to materials required for manufacture of the final goods when imported under Advance
licence for deemed exporter :
[Notfn. No. 50/00-Cus. dt.27.4.2000 as amended by Notfn. Nos. 140/00,60/01, 121/01, 113/02,
84/03, 97/03, 63/04, 46/13, 26/17]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 to
1962), the Central Government, being satisfied that it is necessary in the public interest so to do hereby
exempts materials required for the manufacture of the final goods when imported into India, from whole of
the duty of Customs leviable thereon, under the First Schedule to the Customs Traiff Act, 1975 (51 of
1975), and from the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of
section 3 of the said Customs Traiff Act subject to the following conditions, namely:—
(1) that the importer has been granted Advance Licence for deemed exports in terms of paragraph
7.3(c) of the Export and Import Policy or Annual Advance licence for Deemed Exports in terms of
paragraph 7.2 of the Export and Import Policy 1997- 2002, notified by the Government of India in the Ministry
of Commerce, vide notification No.1(RE-00)/1997-2002 dated the 31st March, 2001, as the case may be,
(hereinafter referred to as the said licence) by the Licensing Authority for import of the said materials for the
aforesaid purpose, and the said licence is produced by the importer at the time of clearance for debit by the
proper officer of Customs;
(2) that the said licence contains the endorsements specifying inter-alia
(a) the description, quantity and value of materials allowed to be imported under the said licence;
(b) the description and quantity of materials allowed to be imported duty free; and
(c) the description and quantity of final goods to be manufactured out of, or with, the imported
materials;
(3) the importer executes a bond with such surety or security and in such form and for such sum as
may be specified by the Assistant Commissioner of Customs or Deputy Commissioner of Customs binding
himself to pay on demand, an amount equal to the duty leviable on the imported materials but for the exemption
contained herein, in respect of which the conditions specified in this notification have not been complied with
together with interest at the rate of 15% per annum from the date of clearance of materials;(As per sec
120(1) of Finance Bill 2003 the rate of 15% is applicable w.e.f. 27.4.2000).
(4) that the importer produces evidence of having discharged obligation to supply goods to the
satisfaction of the said Assistant Commissioner of customs or Deputy Commissioner of Customs within a
period of thirty days from the expiry of the period allowed for fulfilment of obligation to supply final goods or
within such extended period as the Assistant Commissioner of Customs or Deputy Commissioner of Customs
may allow; and
(5) that the exempt materials are utilised for the manufacture or final goods and no portion of such
materials shall be loaned, transferred, sold or disposed of in any other manner:
Provided that where final goods in respect of which the said materials have been imported have
already been manufactured and supplied as required under this notification, the importer may use the said
GENERAL EXEMPTION NO. 24 1040
(6) that the imports and exports are undertaken through sea ports at Mumbai, Calcutta, Cochin,
Kandla, Mangalore, Marmagoa, Chennai, Nhava Sheva, Paradeep, Tuticorin, Visakhapatnam, Kakinanda,
Magdalla, Sikka, Pipavav, Jamnagar and Muldwarka or through any of the airports at Ahmedabad, Bangalore,
Mumbai, Calcutta, Bhubaneshwar, Coimbatore, Delhi, Hyderabad, Jaipur, Chennai, Srinagar, Trivandrum and
Varanasi on through any of the Inland container Depots at Bangalore, Coimbatore, Delhi, Gauhati, Hyderabad,
Kanpur, Ludhiana, Moradabad, Pimpri (Pune), Pitampur (Indore), Agra, Faridabad, Jaipur, Guntur, Nagpur,
Varanasi, Surat, Jodhpur, Salem, Tirupur, Singanallur, Waluj, Malanpur, Bhatinda, Dappar (Dera Bassi),
Chheharata (Amritsar), Karur, Miraj, Rewari, Bhusawal, Jamshedpur, Surajpur and Dadri or through Land
Customs Stations at Jogbani, Nautanva(Sonauli), Petrapole and Mahadipur.
Provided that the Commissioner of Customs may be special order and subject to such conditions as
may be specified by him, permit import and export through any other sea port, airport or inland container
Depot or through a land Customs station.
2. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
(i) "Licensing Authority" means the Director General of Foreign Trade appointed under section 6 of
the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised by him to
grant a licence under the said Act;
(a) raw materials, components, intermediates, consumbales, computer software and parts required
for the manufacture of final goods;
(b) packing materials required for the packing of final goods to be supplied;
(a) supplies made to the United Nations Organisation or under the aid programme of the United
Nations or other multilateral agencies and paid for in foreign exchange;
(b) supplies made to projects financed by multi-lateral or bilateral agencies/Funds as notified by the
Government of India in the Ministry of Finance (Department of Economic Affairs) under international competitive
bidding in accordance with the procedures of those agencies/Funds where the legal agreements provide for
tender evaluation without including the customs duty;
(c) supplies made to units in the free trade zones and hundred per cent export oriented units (excluding
free trade zone units/export oriented undertakings engaged in Diamond, Gem and Jewellery);
GENERAL EXEMPTION NO. 24 1041
(d) supply of capital goods including capital goods in unassembled/disassembled condition plant,
machinery, accessories, tools, dies and such goods which are used for installation purposes till the stage of
commercial production, and spares to the extent of 10% of the value of such capital goods for fertiliser plants
if the supply of goods is made under the procedure of international competitive bidding;
(e) supply of capital goods to the holders of licence under paragraph 6.2 of the Export and Import
Policy.
(f) supply of goods to any project or purpose in respect of which the Ministry of Finance, by a
notification, permits the import of such goods at zero customs duty coupled with the extension of benefits
under Chapter 10 of the Export and Import Policy for domestic supplies;
(g) supply of goods to power and refinery projects not covered in (f) above;
(h) goods specified in List 9 appended to the notification of the Government of India, in the Ministry
of Finance (Department of Revenue), No.16/2000-Customs, dated 1st March, 2000, for supply to a refinery
set up under the ninth five Year Plan;
(i) Supply of goods to any of the Mega Power Project (including generation and Transition) specified
in list 33 appended to the notification of the Government of India in the Ministry of Finance (Department of
Revenue) No. 16/2000-Custom dated the 10th March, 2000 if such Mega Power Project.
— as certified by an officer not below the rank of Joint Secretary to the Government of India in the
Ministry of Power;
(j) supply of goods to Talcher-II and Talcher-II transmission projects in terms of the Public Notice of
the Government of India in the Ministry of Commerce No.18 (RE:99)/1997-2000, dated the Ist July, 1999.
(k) supply of goods to Sasaram HVDC East-North Interconnector Project in terms of the Public
Notice of the Government of India in the Ministry of Commerce No. 25 (RE.99)/1997-2002, dated the 28th
July, 1999.
(l) supply of goods to the three OECF assisted projects, namely, Faridabad Gas based Power Project
of NTPC, Simhadri Thermal Power Project of NTPC and Bakreshwar Thermal Power Project of WBPDCL
in terms of the Public Notice of the Government of India, in the Ministry of Commerce, No.30 (RE:99)/1997-
2002, dated the 6th September, 1999
(m) supply of goods to the Maharashtra State Electricity Board for execution of Maharashtra Power
Projects in terms of the Public Notice of the Government of India in the Ministry of Commerce, No. 31(RE:99)/
1997-2002, dated the 23rd September, 1999;
(n) supply of goods to Rihand-Sasaram-Biharsharif HVDC Link back to back Station Project in
terms of the Public Notice of the Government of India in the Ministry of Commerce, No.38 (RE:99)/1997-
GENERAL EXEMPTION NO. 24 1042
(o) supply of goods to Eastern Region System Coordination and Control (ERSC & C) Transmission
Project in terms of the Public Notice of the Government of India in the Ministry of Commerce, No. 34(RE-
2000)/1997-2002, dated the 15th September, 2000.
(p) supply of goods to Vindhyachal Super Thermal Power Project (STPP) Stage-II in the State of
Madhya Pradesh and Kayamkulam Combined Cycle Power Project (CCPP) in the State of Kerala in terms
of the Public Notice of the Government of India in the Ministry of Commerce, No.18(RE-01)/1997-2002,
dated the 7th June, 2001.
(iv) "free trade zone", and "hundred percent export oriented units" have the same meaning as in
Explanation 2 to sub-section (1) of section 3 of the Central Excise Act, 1944 (1 of 1944);
(v) "Export and Import Policy" means Export and Import Policy, 1997-2002, notified by the Government
of India in the Ministry of Commerce vide notification number 1(RE-99)/1997-2002, dated the 31st March,
2000.
GENERAL EXEMPTION NO. 25 1043
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962) the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts materials required for the manufacture of the final goods when imported into India, from whole of
the duty of Customs leviable thereon, under the First Schedule to the Customs Tariff Act, 1975 (51 of 1975),
and from the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3
of the said Customs Tariff Act, subject to the following conditions, namely:-
(1) that the importer has been granted special imprest licence (hereinafter referred to as the said licence)
by the Licensing Authority for the import of the said materials for the aforesaid purpose in terms of
paragraph 7.6 of the Export and Import Policy, and the said licence is produced at the time of clearance
for debit by the proper officer of the Customs;
(2) that the import licence contains the endorsements specifying interalia-
(a) the description, quantity and the value of materials allowed to be imported under the said
licence;
(b) the description and quantity of materials allowed to be imported duty free ; and
(c) the description and quantity of final goods to be manufactured out of, or with, the imported
materials;
(3) the importer executes a bond with such surety or secruity and in such form and for such sum as may
be specified by the Assistant Commissioner of Customs or Deputy Commissioner of Customs binding
himself to pay on demand, an amount equal to the duty leviable on the imported materials but for the
exemption contained herein, in respect of which the condition specfied in this notification have not
been complied with together with interest at the rate of 15% per annum from the date of clearance of
materials; (As per Sec. 120(1) of Finance Bill 2003 rate of duty of 15% is applicable w.e.f. 11.4.1997)
(4) that the importer produces evidence of having discharged obligation to supply final goods to the
satisfaction of the said Assistant Commissioner of Customs or Deputy Commissioner of Customs
within a period of thirty days from the expiry of period allowed for fulfilment of obligation to supply
final goods or within such extended period as the Assistant Commissioner of Customs or Deputy
Commissioner of Customs may allow; and
(5) that the exempt materials are utilised for the manufacture of final goods and no portion of such
materials shall be loaned, transferred, sold or disposed of in any other manner:
Provided that where final goods in respect of which the said materials have been imported have
already been manufactured and supplied as required under this notification, the importer may use the
said materials for the manufacture of any other goods.
GENERAL EXEMPTION NO. 25 1044
(6) that the imports and exports are undertaken through sea ports at Mumbai, Calcutta, Cochin, Kandla,
Mangalore, Marmgoa, Chennai, Nhava Sheva, Paradeep, Tuticorin, Visakhapatnam, Jamnagar and
Muldwarka or through any of the aiports at Ahmedabad, Bangalore, Mumbai, Calcutta, Coimbatore,
Delhi, Hyderabad, Jaipur, Chennai, Srinagar, Trivandrum and Varanasi or through any of the Inland
Container Depots at Bangalore, Coimbatore, Delhi, Gauhati, Hyderabad, Kanpur, Ludhiana,
Moradabad, Pimpri (Pune),Pitampur (Indore), Bhatinda, Dappar (Dera Bassi), Chheharata (Amritsar),
Karur, Miraj, Rewari, Bhusawal, Jamshedpur, Surajpur and Dadri or through the Land Customs
Station at Jogbani, Nautanva (Sonauli), Petrapole and Mahadipur:
Provided that the Commissioner of Customs may by special order and subject to such conditions as
may be specified by him, permit import and export through any other sea port, airport or Inland
Container Depot or through a land Customs station.
(i) "Licensing Authority" means the Director General of Foreign Trade appointed under section 6 of the
Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised by him
to grant a licence under the said Act;
(a) supplies made to United Nations Organisation under the aid programme of the
United Nations or other multilateral agencies and paid for in foreign exchange;
(c) supplies made to units in the free trade zones and hundred per cent export oriented
undertaking (excluding free trade zone unit/export oriented undertakings engaged in
Diamond, Gem and Jewellery);
(d) supply of capital goods and spares to the extent of 10% of the vlaue of such capital
goods for fertiliser plants if the supply is made under the procedure of international
competitive bidding;
(e) supply of captial goods to the holders of licence under the paragraph 6.2 of the
Export and Import Policy for import of such capital goods at zero duty.
GENERAL EXEMPTION NO. 25 1045
(f) supplies of goods to any project or purpose in respect of which the Ministry of Finance,
by a notification permits the import of such goods at zero customs duty coupled with
the extension of benefits under Chapter 7 of the Export and Import Policy for domestic
supplies;
(g) goods specified in list 27 appended to the notification of the Government of India in
the Ministry of Finance, Department of Revenue No. 23/98-Customs, dated the 2nd
June, 1998, for supply to any refinery set up under the Ninth Five Year Plan;
(h) supply of goods to any of the mega power projects specified in list 33 appended to
the notification of the Government of India in the Ministry of Finance (Department
of Revenue) number 20/99-Customs dated the 28th February, 1999, if such mega
power project is -
(j) supply of goods to Sasaram HVDC East-North Interconnector Project in terms of the
Public Notice of the Government of India in the Ministry of Commerce No. 25
(RE:99)/1997-2002, dated the 28th July, 1999.
(k) supply of goods to the three OECF assisted projects, namely, Faridabad Gas Based
Power Project of NTPC, Simhadri Thermal Power Project of NTPC and Bakreshwar
Thermal Power Project of WBPDCL in terms of the Public Notice of the Government
of India, in the Ministry of Commerce No. 30 (RE:99)/1997-2002, dated the 6th
September, 1999.
(l) supply of goods to the Maharashtra State Electricity Board for execution of
Maharashtra Power Projects in terms of the Public Notice of the Government of India
in the Ministry of Commerce No. 31 (RE:99)/1997-2002, dated the 23rd September,
1999.
(iv) "free trade zone" and "hundred per cent export oriented undertaking" have the same meaning
as in Explanation 2 to sub-section (1) of section 3 of the Central Excise Act, 1944 (1 of 1944);
(v) "Export and Import Policy", means Export and Import Policy, 1 April, 1997 - 31 March 2002
notified by Ministry of Commerce vide notification number 1/1997 - 2002, dated the 31st
March, 1997.
GENERAL EXEMPTION NO. 26 1046
Exemption to materials required for the manufacture of the final goods when imported against on
import licence or release order on the canalising agency:
[Notfn No.128/94-Cus. dt.10-6-1994 as amended by Notfn Nos.185/94, 101/95, 144/95, 22/96,
33/97 and 67/04, 26/17]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisifed that it is necessary in the public interest so to do, hereby
exempts materials required for the manufacture of the final goods when imported into India, from whole of
the duty of Customs leviable thereon, under the First Shcedule to the Customs Tariff Act, 1975 (51 of
1975), and from the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of
section 3 of the said CustomsTariff Act, subject to the following conditions, namely:-
(1) that the importer has been granted necessary import licence or release order on the canalising
agency (hereinafter called the said licence ) by the Licensing Authority for the import or release of
the said materials for the aforesaid purpose in terms of para 56 of the Export and Import Policy, 1st
April, 1992 - 31st March, 1997 and the said licence is produced at the time of clearance for debit by
the proper officer of the Customs;
(2) that the import licence contains the endoresements specifying, inter-alia-
(a) the description, quantity and the value of materials allowed to be imported under the said
licence;
(b) the description and qunatity of materials allowed to be imported duty free; and
(c) the description and quantity of final goods to be manufactured out of, or with, the imported
materials;
(3) Omitted
(4) the importer executes a bond with such surety or security and in such form and for such sum as may
be specified by the Assistant Commissioner or Deputy Commissioner of Customs binding himself to
pay on demand, an amount equal to the duty leviable on the imported materials but for the exemption
contained herein, in respect of which the conditions specified in this notification have not been
complied with together with interest at the rate of 24% per annum from the date of clearance of
materials;
(5) that the importer produces evidence of having discharged obligation to supply final goods to the
satisfaction of the said Assistant Commissioner or Deputy Commissioner of Customs within a period
of thirty days from the expiry of period allowed for fulfilment of obligation to supply final goods or
from such extended period as the Assistant Commissioner of Customs or Deputy Commissioner of
Customs may allow; and
(6) that the exempt materials are utilised for the manufacture of final goods and no portion of such materials
shall be loaned, transferred, sold or disposed of in any other manner;
GENERAL EXEMPTION NO. 26 1047
Provided that where final goods in respect of which the said materials have been imported
have already been manufactured and supplied as required under this notification, the importer may use
the said materials for the manufacture of any other goods.
(7) that the imports and exports are undertaken through sea ports at Bombay, Calcutta, Cochin, Kandla,
Mangalore, Marmagoa, Madras, Nhava Sheva, Paradeep, Tuticorin and Visakhapatnam, or through
any of the airports at the Ahmedabad, Bangalore, Bombay, Calcutta, Coimbatore, Delhi, Hyderabad,
Jaipur, Madras, Srinagar, Trivandrum and Varanasi or through any of the Inland Container Depots
at Bangalore, Coimbatore, Delhi, Gauhati, Hyderabad, Kanpur, Ludhiana, Moradabad, Pimpri(Pune)
and Pitampur (Indore):
Provided that the Commissioner of Customs may by special order and subject to such
conditions as may be specified by him, permit import and export through any other sea port, airport
or Inland Container Depot or through a land customs station
(8) that the exemption from the whole of the additional duty leviable under sub-sections (1), (3) and (5)
of section 3 of the said Customs Tariff Act shall not apply to materials required for manufacture of
capital goods for supply to fertilizer plants under the procedure of international competitive bidding.
Explanation :- In this notification -
(i) "Licensing Authority" means the Director General of Foreign Trade appointed under section
6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer
authorised by him to grant a licence under the said Act;
(b) packing material required for the packing of final goods to be supplied;
(a) Supplies made to United Nations Organisations or under the aid programme of the
United Nations or other multilateral agencies and paid for in foreign exchange;
(c) Supplies made to units in the free trade zones and hundred percent export oriented
undertakings (excluding free trade zone units/export oriented undertakings engaged
in Diamond, Gem and Jewellery);
GENERAL EXEMPTION NO. 26 1048
(d) Supply of capital goods for fertiliser plants if the supply is made under the procedure
of international competitive bidding; and
(e) supplies of goods to any project or purpose in respect of which the Ministry of Finance,
by a notification, on or after 20th June, 1994, permits the import of such goods at zero
customs duty, coupled with the extension of benefits under Chapter VII of the Export
and Import Policy 1st April, 1997- 31st March, 2002 published by the Government of
India under Ministry of Commerce Notification No.1/1997-2002 dated 31st March,
1997 as amended from time to time for domestic supplies.
(iv) "free trade zone" and "hundred percent export oriented undertaking" have the same
meaning as in Explanation 2 to sub-section (1) of section 3 of the Central Excise and Salt Act,
1944 (1 of 1944)
GENERAL EXEMPTION NO. 27 1049
F. DEPB SCHEME
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts the goods of description specified in column (2) of the Table below, when imported into India ,-
(a) from so much of duty of customs leviable thereon under the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975) as is in excess of the amount calculated at the rate specified
in the corresponding entry in column (3) of the said Table;
(b) from so much of additional duty leviable thereon under section 3 of the said Customs Tariff
Act, as is in excess of the amount calculated at the rate specified in the corresponding entry
in column (4) of the said Table;
subject to the following conditions, namely :-
(i) that the importer has been issued a Duty Entitlement Pass Book by the Licensing Authority
in terms of paragraph 4.3 or paragraph 7.9 of the Foreign Trade Policy;
(ii) that the importer has been permitted credit entries in the said Duty Entitlement Pass Book
by the Licensing Authority at the rates notified by the Government of India in the Ministry
of Commerce and Industry for the products exported;
(iii) that the said Duty Entitlement Pass Book is produced before the proper officer of Customs
for debit of the duties leviable on the goods, but for exemption contained herein :
Provided that exemption from duty shall not be admissible if there is insufficient
credit in the said Duty Entitlement Pass Book for debiting the duty leviable on the goods,
but for this exemption.
(iv) the said Duty Entitlement Pass Book shall be valid for twenty four months from the date of
issue or such extended period as may be granted by the Licensing Authority for import and
export only, at the port of registration which shall be one of the sea ports at Mumbai,
Kolkata, Cochin, Magdalla, Kakinada, Kandla Mangalore,Marmagoa, Chennai, Nhava
Sheva, Paradeep, Pipavav, Sikka, Tuticorin, Visakhapatnam, Dahej, Mundhra, Nagapattinam,
Okha, Bedi (including Rozi-Jamnagar), Muldwarka and Porbander or through any of the
airports at Ahmedabad, Bangalore, Bhubaneswar, Mumbai, Kolkata, Coimbatore, Delhi,
Hyderabad, Jaipur, Chennai, Srinagar, Trivandrum, Varanasi, Nagpur, Cochin and Rajasansi
(Amritsar) or through any of the Inland Container Depots at Agra, Bangalore, Coimbatore,
Delhi, Faridabad, Gauhati, Guntur, Hyderabad, Jaipur, Jallandhar, Kanpur, Ludhiana,
Moradabad, Nagpur, Pimpri (Pune), Pitampur ( Indore ), Surat, Tirupur, Varanasi, Nasik,
Rudrapur (Nainital), Dighi ( Pune ), Vadodara , Daulatabad ( Wanjarwadi and Maliwada),
Waluj (Aurangabad ), Anaparthy (Andhra Pradesh), Salem, Malanpur, Singanalur, Jodhpur,
Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai, Bhilwara, Pondicherry, Garhi Harsaru,
Bhatinda, Dappar ( Dera Bassi), Chheharata (Amritsar), Karur, Miraj, Rewari , Bhusawal,
Jamshedpur, Surajpur, Dadri and Tuticorin or through the Land Customs Station at Ranaghat,
GENERAL EXEMPTION NO. 27 1050
Provided further that the Commissioner of Customs may, by special order and subject
to such conditions as may be specified by him, permit imports and exports from any other
sea port, airport, inland container depot or through any land customs station;
(v) that where the importer does not claim exemption from the additional duty of customs
leviable under section 3 of the Customs Tariff Act, 1975 (51 of 1975), he shall be deemed
not to have availed the exemption from the said duty for the purpose of calculation of the
said additional duty of customs;
(vi) that the importer shall be entitled to avail the drawback or CENVAT credit of additional
duty leviable under section 3 of the said Customs Tariff Act against the amount debited in
the said Duty Entitlement Pass Book;
(vii) that where benefit of exemption from duty is claimed by a person, who is not a Duty
Entitlement Pass Book holder, such benefit shall be permissible only against specific amount
of credit, not being a provisional credit, transferred by a Duty Entitlement Pass Book holder
to such person.
2. This notification shall have effect upto and inclusive of the 30th day of September, 2005.
Table
__________________________________________________________________________________________
S.No. Description of goods Standard rate Additional duty rate
__________________________________________________________________________________________
1 2 3 4
__________________________________________________________________________________________
1. Goods other than edible oils Nil Nil
2. Edible oils 50% of applied 50% of applied rate of
rate of duty additional duty
__________________________________________________________________________________________
(i) “Foreign Trade Policy” means Foreign Trade Policy 2004-2009 published in the notification
of the Government of India in the Ministry of Commerce and Industry vide No . 1/2004,
dated the 31st August, 2004;
(ii) “Licensing Authority” means the Director General of Foreign Trade appointed under section
6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer
authorized by him to grant a licence under the said Act;
(iii) “applied rate of duty” means the standard rate of duty specified in the First Schedule to the
said Customs Tariff Act with respect to the goods specified in column (2) of the said Table,
GENERAL EXEMPTION NO. 27 1051
read with any other notification (for the time being in force) issued in respect of such goods
under sub-section (1) of section 25 of the said Customs Act ;
(iv) “applied rate of additional duty” means the additional duty leviable under section 3 of the
said Customs Tariff Act with respect to the goods specified in column (2) of said Table,
read with any other notification (for the time being in force) issued in respect of such goods
under sub-section (1) of section 25 of the said Customs Act.
GENERAL EXEMPTION NO. 28 1052
Exemption to specified goods imported under a Duty Entitlement Pass Book issued in terms of
paragraph 4.3 of the Export and Import Policy:
[Notfn. No. 45/02-Cus. dt. 22.4.2002 as amended by 125/02, 57/03, 84/03, 97/03, 63/04, 95/04, 27/05, 46/
05,77/05, 97/05, 41/06, 63/07, 116/07, 26/17]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts the goods of description specified in column (2) of the Table below, when imported into India, –
subject to the following conditions, namely: -
(ii) the importer has been permitted credit entries in the said Duty Entitlement Pass Book by the Licensing
Authority at the rates notified by the Government of India in the Ministry of Commerce for the
products exported;
(iii) the said Duty Entitlement Pass Book is produced before the proper officer of Customs for debit of
the duties leviable on the goods but for exemption contained herein :
Provided that exemption from duty shall not be admissible if there is insufficient credit in
the said Duty Entitlement Pass Book for debiting the duty leviable on the goods but for this exemption.
(iv) the said Duty Entitlement Pass Book shall be valid for twelve months from the date of issue or such
extended period as may be granted by the Licensing Authority for import and export only, at the port
of registration which shall be one of the sea ports at Mumbai, Kolkata, Cochin, Kandla, Mangalore,
Marmagoa, Chennai, Nhava Sheva, Paradeep, Tutucorin, Visakhapatnam, Kakinada, Magdalla, Sikka,
Pipavav, Dahej, Mundra, Nagapattinam, Okha, Dharamtar, Bedi (including Rozi-Jamnagar),
Muldwarka, Porbander and Vadinar or any of the airports at Ahmedabad, Bangalore, Mumbai,
Kolkata, Coimbatore,Delhi, Jaipur, Varanasi, Srinagar, Trivandrum, Hyderabad, Chennai,
Bhubaneswar, Nagpur, Cochin, Rajasansi (Amritsar), Lucknow (Amausi) and Indore or any of the
Inland Container Depots at Bangalore, Coimbatore, Delhi, Gauhati, Kanpur, Pimpri (Pune), Pitampur
(Indore), Moradabad, Ludhiana, Hyderabad, Nagpur, Agra, Faridabad, Jaipur, Guntur, Varanasi,
Jodhpur, Salem, Tirupur, Singanalur, Waluj, Surat, Malanpur, Nasik, Rudrapur (Nainital), Kota,
Udaipur, Daulatabad (Wanjarwadi and Maliwada), Dighi (Pune), Vadodra, Ahmedabad, Bhiwadi,
Madurai, Jallandhar, Meerut, Bhilwara, Pondicherry, Garhi Harsaru, Bhatinda, Dappar (Dera Bassi),
GENERAL EXEMPTION NO. 28 1053
Chheharata (Amritsar), Karur, Miraj, Rewari, Bhusawal, Jamshedpur, Surajpur, Dadri, Tuticorin,
Kundli, Bhadohi, Raipur, Mandideep (District Raisen) Durgapur (Export Promotion Industrial
Park), Babarpur and Loni (District Gaziabad) or through the Land Customs Station at Ranaghat,
Singhabad Raxaul, Jogbani, Nautanva (Sonauli), Petrapole, Mahadipur, Nepalganj Road, Dawki,
Agartala, Sutarkhandi, Amritsar Rail Cargo, Attari Road, Hilli, Ghojadanga and Changrabandha or
Special Economic Zone as specified in the notification issued under section 76A of the Customs
Act, 1962 (52 of 1962).
Provided that where the expiry of the Duty Entitlement Pass Book falls before the last day
of the month, such Duty Entitlement Pass Book shall be deemed to be valid till the last day of the
said month:
Provided further that the Commissioner of Customs may, by special order and subject to
such conditions as may be specified by him, permit imports and exports from any other sea port,
airport, inland container depot or through a land customs station;
Provided also that in respect of Duty Entitlement Pass Book issued against supplies to a
unit in Special Economic Zone (SEZ), this condition shall apply for the purpose of permitting
import of goods.
(v) where the importer does not claim exemption from the additional duty of customs leviable under sub-
sections (1), (3) and (5) of section 3 of the Customs Tariff Act, 1975 (51 of 1975), he shall be deemed
not to have availed the exemption from the said duty for the purpose of calculation of the said
additional duty of customs.
(vi) where benefit of exemption from duty is claimed by a person, who is not a Duty Entitlement Pass
Book holder, such benefit shall be permissible only against specific amount of credit transferred by
a Duty Entitlement Pass Book holder to such person.
TABLE
_________________________________________________________________________________________
S.No. Description of goods Standard rate Additional duty rate
__________________________________________________________________________________________
1 2 3 4
__________________________________________________________________________________________
1. Goods other than edible oils Nil Nil
2. Edible oils 50% of applied 50% of applied rate of
rate of duty additional duty
__________________________________________________________________________________________
Explanation. – For the purpose of this notification, –
(i) “Export and Import Policy” means the Export and Import Policy April, 2002 – March, 2007
published vide notification of the Government of India in the Ministry of Commerce No.1/
2002-2007, dated the 31st March, 2002; and
(ii) “Licensing Authority” means the Director general of Foreign Trade appointed under section
6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer
GENERAL EXEMPTION NO. 28 1054
authorised by him to grant a licence under the said Act.
(iii) "Special Economic Zone (SEZ)" has the same meaning as assigned to it in paragraph 9.48 of
the Export and Import Policy.
(iv) "applied rate of duty" means the standard rate of duty specified in the First Schedule to the
said Customs Tariff Act with respect to the goods specified in column (2) of the said Table,
read with any other notification (for the time being in force) issued in respect of such goods
under sub-section (1) of section 25 of the said Customs Act;
(v) "applied rate of additional duty" means the additional duty leviable under under sub-sections
(1), (3) and (5) of section 3 of the said Customs Tariff Act with respect to the goods specified
in column (2) of the said Table, read with any other notification (for the time being in force)
issued in respect of such goods under sub-section (1) of section 25 of the said Customs Act.
GENERAL EXEMPTION NO. 29 1055
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government , being satisfied that it is necessary in the public interest so to do, hereby
exempts the goods of description specified in column (2) of the Table below, when imported into India, –
(1) from so much of duty of customs leviable thereon under the First Schedule to the Customs Tariff Act,
1975 (51 of 1975) as is in excess of the amount calculated at the rate specified in the corresponding
entry in column (3) of the said Table;
(2) from so much of additional duty leviable thereon under sub-sections (1), (3) and (5) of
section 3 of the said Customs Tariff Act, as is in excess of the amount calculated at the rate
specified in the corresponding entry in column (4) of the said Table;
(i) that the importer has been issued a Duty Entitlement Pass Book by the Licencing Authority in
pursuance of paragraph 7.25 read with paragraph 7.29 of the Export and Import Policy (hereinafter
referred to as said Duty Entitlement Pass Book).
(ii) The importer has been permitted credit entries in the said Duty Entitlement Pass Book at the rates
notified by the Government of India in the Ministry of Commerce for the products exported or has
been allowed a provisional credit in the said Duty Entitlement Pass Book by the Licencing authority
to be set-off by the credits earned on exports to be subsequently effected;
(iii) The said Duty Entitlement Pass Book is produced before the proper officer of Customs for debit of
the duties leviable on the goods but for exemption contained herein:
Provided that exemption from duty shall not be admissible if there is insufficient credit in the said
Duty Entitlement Pass Book for debiting the duty leviable on the goods but for this exemption.
(iv) The said Duty Entitlement Pass Book shall be valid for twelve months from the date of issue, or such
extended period as may be granted by the Licensing Authority for import and export only at the port
of registration which shall be one of the sea ports of Mumbai, Calcutta, Cochin, Kandla, Mangalore,
Marmagoa, Chennai, Nhava Sheva, Paradeep, Tuticorin, Visakhapatnam, Kakinada, Magdalla,
Sikka, Pipavav, Dahej, Mundra, Nagapattinam, Okha, Dharamtar, Jamnagar and Muldwarka or any
of the airports at Ahmedabad, Bangalore, Mumbai, Calcutta, Coimbatore, Delhi Jaipur, Varanasi,
Srinagar, Trivandrum, Hyderabad, Chennai, Bhubaneswar, Nagpur & Cochin or any of the Inland
Container Depots at Bangalore, Coimbatore, Delhi, Gauhati, Kanpur, Pimpri (Pune), Pitampur
(Indore), Moradabad, Ludhiana, Hyderabad; Nagpur, Agra, Faridabad, Jaipur, Guntur, Varanasi,
Jodhpur, Salem, Tirupur, Singanalur, Waluj, Malanpur and Surat: Nasik, Rudrapur (Nainital), Kota,
Udaipur, Daulatabad (Wanjarwadi and Maliwada), Dighi (Pune), Vadodra, Ahmedabad, Bhiwadi,
Madurai, Jallandhar, Meerut, Bhilwara, Pondicherry, Garhi Harsaru, Bhatinda, Dappar (Dera Bassi),
GENERAL EXEMPTION NO. 29 1056
Chheharata (Amritsar), Karur, Miraj, Rewari, Bhusawal, Jamshedpur, Surajpur and Dadri or through
the Land Customs Station at Ranaghat, Singhabad, Raxaul, Jogbani, Nautanva (Sonauli), Petrapole and
Mahadipur.
Provided that where the expiry of the Duty Entitlement Pass Book falls before the last day
of the month, the Duty Entitlement Pass Book shall be deemed to be valid till the last day of the said
month;
Provided further that the Commissioner of Customs may by special order and subject to such
conditions as may be specified by him, permit imports and exports from any other sea port, airport,
inland container depot or through a land customs stations;
(v) The importer claiming exemption from duties against provisional credit permitted under paragraph 7.35
of 'Export and Import Policy' by the Licencing authorities, executes a bond in such form and for such
sum, with such surety or securities as may be prescribed by the Assistant Commissioner of Customs,
binding himself to pay on demand duty leviable on goods imported but for the exemption contained
herein together with interest at the rate of 15% per annum from the date of clearance in the event of
his failure to make exports and earn credits thereon to set off the provisional credits allowed;
(As per 120(1) of Finance Bill, 2003 the rate of 15% is applicable w.e.f. 7.4.1997)
Provided that in the case of import against provisional credits, the exemption shall be permitted
only for such goods which are in the nature of inputs required for use in production of goods in the
factory of the Duty Entitlement Pass Book holder or in the factory of supporting manufacturer as
specified in the said Duty Entitlement Pass Book and such inputs are not transferred, loaned, sold,
parted with or disposed of in any manner, even after credits on exports to set-off provisional credits
have been earned.
(vi) Where the importer does not claim exemption from the additional duty of customs leviable under sub-
sections (1), (3) & (5) of section 3 of the Customs Tariff Act, 1975 (51 of 1975), he shall be deemed
not to have availed the exemption from the said duty for the purpose of calculation of the said additional
duty of Customs.
(vii) Where benefit of exemption from duty is claimed by a person, who is not a Duty Entitlement Pass Book
holder, such benefit shall be permissible only against specific amount of credit not being a Provisional
credit, transferred by a duty Entitlement Pass Book holder to such person.
TABLE
__________________________________________________________________________________________
S.No. Description of goods Standard rate Additional duty rate
__________________________________________________________________________________________
1 2 3 4
__________________________________________________________________________________________
1. Goods other than edible oils Nil Nil
2. Edible oils 50% of applied 50% of applied rate of
rate of duty additional duty
__________________________________________________________________________________________
Explanation:- For the purpose of this notification,-
(i) “Export and Import Policy” means the Export and Import Policy April, 1997– March, 2002
published vide notification of the Government of India in the Ministry of Commerce No.2/
GENERAL EXEMPTION NO. 29 1057
Exemption to goods from Customs duty and additional duty when imported against Duty Entitlement
Pass Book.
[Notfn. No. 89/05-Cus., dated 4.10.2005 as amended by 97/05, 104/05, 32/06, 41/06, 48/07,
63/07, 116/07, 41/08,125/08,3/09,19/09, 123/09, 93/10, 37/12, 40/12, 50/12, 4/13, 20/13, 26/17]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts the goods of description specified in column (2) of the Table below, when imported into India -
(a) from so much of duty of customs leviable thereon under the First Schedule to the Customs Tariff
Act, 1975 (51 of 1975) as is in excess of the amount calculated at the rate specified in the
corresponding entry in column (3) of the said Table;
(b) from so much of additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3 of
the said Customs Tariff Act, as is in excess of the amount calculated at the rate specified in the
corresponding entry in column (4) of the said Table;
(i) that the importer has been issued a Duty Entitlement Pass Book scrip by the Licensing
Authority in terms of paragraph 4.3 of the Foreign Trade Policy or rule 24 or rule 30 of the
Special Economic Zones Rules, 2006.
(ii) that the importer has been permitted credit entries in the said Duty Entitlement Pass Book
scrip by the Licensing Authority at the rates notified by the Government of India in the
Ministry of Commerce and Industry for the products exported;
(iii) that the said Duty Entitlement Pass Book scrip is produced before the proper officer of
Customs for debit of the duties leviable on the goods, but for exemption contained herein :
Provided that exemption from duty shall not be admissible if there is insufficient credit in
the said Duty Entitlement Pass Book scrip for debiting the duty leviable on the goods, but
for this exemption.
(iv) the said Duty Entitlement Pass Book scrip shall be valid for twenty four months from the
date of issue or such extended period as may be granted by the Licensing Authority for
import and export only at the port of registration which shall be one of the sea ports at
Mumbai, Kolkata, Cochin, Magdalla, Kakinada, Kandla, Mangalore, Marmagoa, Chennai,
Nhava Sheva, Paradeep, Pipavav, Sikka, Tuticorin, Visakhapatnam, Dahej, Mundhra,
Nagapattinam, Okha, Bedi (including Rozi – Jamnagar), Muldwarka, Porbander, Vadimar
and Haldia (Haldia Dock complex of Kolkata Part), Krishnapatnam and Ennore (Tamil
Nadu), Karaikal (Union territory of Puducherry) and Kattupalli (Tamil Nadu) or through
any of the airports at Ahmedabad, Bangalore, Bhubaneswar, Mumbai, Kolkata, Coimbatore,
Delhi, Hyderabad, Jaipur, Chennai, Srinagar, Trivandrum, Varanasi, Nagpur, Cochin,
Rajasansi (Amritsar) Lucknow (Amausi), Indore and Dabolim (Goa) and Visakhapatnam
or through any of the Inland Container Depots at Agra, Bangalore, Coimbatore, Delhi,
Faridabad, Gauhati, Guntur, Hyderabad, Jaipur, Jallandhar, Kanpur, Ludhiana, Moradabad,
Nagpur, Pimpri (Pune), Pitampur (Indore), Surat, Tirpur, Varanasi, Nasik, Rudrapur
(Nainital), Dighi (Pune), Vadodara, Dulatabad (Wanjarwadi and Maliwada), Waluj
GENERAL EXEMPTION NO. 30 1059
TABLE
______________________________________________________________________________________
S. No. Description of goods Standard rate Additional Duty rate
______________________________________________________________________________________
1 2 3 4
______________________________________________________________________________________
1. Goods other than edible oils Nil Nil
2. Edible Oils 50% of applied 50% of applied rate of
rate of duty additional duty
______________________________________________________________________________________
Explanation, - For the purposes of this notification,-
GENERAL EXEMPTION NO. 30 1060
(i) “Foreign Trade Policy” means Foreign Trade Policy 2004-2009 published in the notification
of the Government of India in the Ministry of Commerce and Industry vide No.1/2004, dated
the 31st August, 2004 as amended from time to time;
(ii) “Licensing Authority” means the Director General of Foreign Trade appointed under Section
6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer
authorized by him to grant a licence under the said Act;
(iii) “applied rate of duty” means the standard rate of duty specified in the First Schedule to the
said Customs Tariff Act with respect to the goods specified in column (2) of the said Table,
read with any other notification (for the time being in force) issued in respect of such goods
under sub-section (1) of section 25 of the said Customs Act;
(iv) “applied rate of additional duty” means the additional duty leviable under section 3 of the said
Customs Tariff Act with respect to the goods specified in column (2) of said Table, read with
any other notification (for the time being in force) issued in respect of such goods under sub-
section (1) of section 25 of the said Customs Act.
GENERAL EXEMPTION NO. 31 1061
G. DFRC SCHEME:
Exemption to goods when imported against DFRC or DFRC for intermediate supply:
[Notfn. No.90/04-Cus. dt. 10.9.2004 as amended by 46/05, 77/05, 97/05, 41/06, 63/07, 116/07, 63/08,19/
09, 123/09, 93/10, 37/12, 40/12, 50/12, 4/13, 20/13, 5/15]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts materials required for the manufacture of the final goods when imported into India, from whole of
the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act, 1975 (51 of 1975),
subject to the following conditions, namely :-
(i) that the importer has been granted Duty Free Replenishment Certificate or Duty Free
Replenishment Certificate for Intermediate Supply, as the case may be, by the Licensing Authority, for
import of the said materials in terms of Chapter 4 of the Foreign Trade Policy, and the said Duty Free
Replenishment Certificate or Duty Free Replenishment Certificate for Intermediate Supply, as the case may
be, is produced at the time of clearance for debit by the proper officer of customs;
(ii) that the said Duty Free Replenishment Certificate or Duty Free Replenishment Certificate for
Intermediate Supply, as the case may be, contains the endorsements specifying, inter alia, -
(a) the Standard Input Output Norm number, description and value of the resultant product
exported ;
(b) the shipping bill number(s) and date(s) and FOB value in Indian rupees of the resultant
product or excise certified invoice number(s) with value in Indian rupees in the case of
supplies made under the categories of deemed exports in terms of paragraph 8.2 of the
Foreign Trade Policy; and
(c) the description, value and quantity of the materials which are allowed to be imported:
Provided that in respect of resultant product specified in paragraph 4.31 of the Hand Book of
Procedures (Volume I) of the Foreign Trade Policy, the materials permitted in the said Duty Free Replenishment
Certificate or Duty Free Replenishment Certificate for Intermediate Supply, as the case may be, shall be of
the same quality, technical characteristics and specifications as the materials used in the said resultant product:
Provided further that in respect of said resultant products the exporter shall give declaration with
regard to technical characteristics, quality and specification of materials used in the shipping bill;
(iii) that the said Duty Free Replenishment Certificate or Duty Free Replenishment Certificate for
Intermediate Supply, as the case may be, or materials shall be freely transferable:
Provided that the Duty Free Replenishment Certificate or Duty Free Replenishment Certificate for
Intermediate Supply, as the case may be, or the materials imported shall not be transferable if in respect of
goods the Standard Input Output Norms are subject to actual user condition or where the export proceeds
have not been realized or for import of fuel under the general norms:
Provided further that in respect of canalized fuel, the import entitlement shall be transferable to a
canalizing agency authorised by the Government of India in the Ministry of Petroleum and Natural Gas.
GENERAL EXEMPTION NO. 31 1062
(iv) that the imports and exports are undertaken through sea ports at Mumbai, Kolkata, Cochin,
Magdalla, Kakinada, Kandla, Mangalore, Marmagoa, Chennai, Nhava Sheva, Paradeep, Pipavav, Sikka,
Tuticorin, Visakhapatnam, Dahej, Mundhra, Nagapattinam, Okha, Bedi (including Rozi-Jamnagar),
Muldwarka, Porbander, Dharamtar, Vadimar and Haldia (Halida Dock Complex of Kolkata Port,
Krishnapatnam and Ennore (Tamil Nadu), Karaikal (Union territory of Puducherry) and Kattupalli (Tamil
Nadu) or through any of the airports at Ahmedabad, Bangalore, Bhubaneswar, Mumbai, Kolkata, Coimbatore,
Delhi, Hyderabad, Jaipur, Chennai, Srinagar, Trivandrum, Varanasi, Nagpur, Cochin, Rajasansi (Amritsar),
Lucknow (Amausi), Indore and Dabolim (Goa),Visakhapatnam and Calicut or through any of the Inland
Container Depots at Agra, Bangalore, Coimbatore, Delhi, Faridabad, Gauhati, Guntur, Hyderabad, Jaipur,
Jallandhar, Kanpur, Ludhiana, Moradabad, Nagpur, Pimpri (Pune), Pitampur (Indore), Surat, Tirupur, Varanasi,
Nasik, Rudrapur (Nainital), Dighi (Pune), Vadodara, Daulatabad (Wanjarwadi and Maliwada),
Waluj (Aurangabad),Talegoan(District Pune), Dhannad Rau (District Indore),Kheda (Pithampur, District
Dhar), Patli (Gurgaon), Irugur Village (Tamil Nadu), Thudiyalur (Tamil Nadu), Chettipalayam (Tamil Nadu)
and Veerapandi (Tamil Nadu), Marripalem Village in Taluk of Edlapadu, District Guntur and Tondiarpet
(TNPM), Chennai and Irungattukottai, SIPCOT IndustrialPark, Kattrambakkam Village, Sriperumbudur
Taluk, Kanchipuram District, Tamil Nadu, Anaparthy (Andhra Pradesh), Salem, Malanpur, Singanalur,
Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai, Bhilwara, Pondicherry, Garhi Harsaru, Bhatinda,
Dappar (Dera Bassi), Chheharata (Amritsar), Karur, Miraj, Rewari, Bhusawal, Jamshedpur, Surajpur,
Dadri,Tuticorin, Kundli, Bhadohi, Raipur Mandideep (District Raisen), Durgapur (Export Promotion
Industrial Park), Babarpur, Loni (District Gaziabad) and Melapakkam Village (Arakkonam Taluk, Vellore
District) or through the Land Customs Station at Ranaghat, Singhabad, Raxaul, Jogbani, Nautanva (Sonauli),
Petrapole, Mahadipur, Nepalganj Road, Dawki, Agartala, Sutarkhandi, Amritsar Rail Cargo Attari Road,
Hilli, Ghojadanga and Changrabandha or Special Economic Zone as specified in the notification issued under
section 76A of the Customs Act, 1962 (52 of 1962).
Provided that the Commissioner of Customs may, by special order and subject to such conditions
as may be specified by him, permit import and export from any other seaport, airport or inland container
depot or through a land customs station:
Provided further that in case of supplies made under the categories of deemed export in terms of
paragraph 8.2 of the Foreign Trade Policy, import of materials may be permitted from any of the seaports,
airports, inland container depots or land customs stations.
Exemption to specified goods imported under Duty Free Replenishment Certificate (DFRC) Licence:
[Notfn. No. 46/02-Cus. dt. 22.4.2002 as amended by Notfn. No. 125/02, 57/03, 84/03, 97/03, 29/04, 63/
04, 46/05, 77/05, 97/05, 41/06, 63/07, 116/07, 63/08, 19/09]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts materials when imported into India, from the whole of the duty of customs leviable thereon, under
the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), and from the whole of the Special Additional
Duty leviable thereon under section 3A, of the said Customs Tariff Act, subject to the following conditions,
namely:–
(i) that the importer has been granted duty free replenishment certificate licence or duty free
replenishment certificate licence for intermediate supply, as the case may be, by the Licensing
Authority, for import of the said materials in terms of paragraph 4.2 of the Export and Import Policy
(hereinafter referred to as the said licence) and the said licence is produced at the time of clearance
for debit by the proper officer of the customs;
Provided further that in respect of said resultant products the exporter shall give declaration with
regard to technical characteristics, quality and specification of materials used in the shipping bill;
(iii) that the said licence and / or materials shall be freely transferable;
Provided that fuel imported against the said licence shall not be transferred or sold.
(iv) that the imports and exports are undertaken through sea ports at Mumbai, Kolkata, Cochin, Magdalla,
Kakinada, Kandla, Mangalore, Marmagoa, Madras, Nhava Sheva, Paradeep, Pipavav, Sikka,
Tuticorin, Visakhapatnam, Dahej, Nagapattinam, Mundhra, Okha, Bedi (including Rozi-Jamnagar),
Muldwarka, Porbander, Dharamtar, Vadimar and Haldia (Halida Dock Complex of Kolkata Port)
and Krishnapatnam or through any of the airports at Ahmedabad, Bangalore, Bhubaneswar, Mumbai,
Kolkata, Coimbatore, Delhi, Hyderabad, Jaipur, Madras, Srinagar, Trivandrum, Varanasi, Nagpur,
Cochin, Rajasansi (Amritsar), Lucknow (Amausi), Indore and Dabolim (Goa) or through any of the
Inland Container Depots at Agra, Bangalore, Coimbatore, Delhi, Faridabad, Gauhati, Guntur,
GENERAL EXEMPTION NO. 32 1064
Hyderabad, Jaipur, Jallandhar, Kanpur, Ludhiana, Moradabad, Nagpur, Pimpri (Pune), Pitampur
(Indore), Surat, Tirupur, Varanasi, Nasik, Rudrapur (Nainital), Dighi (Pune), Vadodara, Daulatabad,
(Wanjarwadi and Maliwada), Malanpur, Waluj (Aurangabad), Anaparthy (Andhra Pradesh), Salem,
Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai, Bhilwara, Pondicherry, Garhi
Harsaru, Bhatinda, Dappar (Dera Bassi), Chheharata (Amritsar), Karur, Miraj, Rewari, Bhusawal,
Jamshedpur, Surajpur, Dadri,Tuticorin, Kundli, Bhadohi, Raipur, Mandideep (District Raisen),
Durgapur (Export Promotion Industrial Park) Babarpur and Loni (District Gaziabad) or through
the Land Customs Stations at Ranaghat, Singhabad, Raxaul, Jogbani, Nautanva (Sonauli), Petrapole,
Mahadipur, Nepalganj Road, Dawki, Agartala, Sutarkhandi , Amritsar Rail Cargo, Attari Road,
Hilli, Ghojadanga and Changrabandha or Special Economic Zone as specified in the notification
issued under section 76A of the Customs Act, 1962 (52 of 1962).
Provided that the Commissioner of Customs may by special order and subject to such conditions as
may be specified by him, permit import and export from any other seaport, airport or inland container
depot or through a land customs station.
Provided further that in case of supplies made under deemed export scheme in terms of paragraph
8.2 of the Export and Import Policy, import of materials may be permitted from any of the seaports,
airports, inland container depots or land customs stations specified in this condition.
Explanation. – In this notification, -
(i) “Export and Import Policy”, means Export and Import Policy 2002-2007, notified by the Government
of India in the Ministry of Commerce vide notification No. 1/2002-2007, dated the 31st March,
2002;
(ii) “Licensing Authority”, means the Director General of Foreign Trade appointed under section 6 of
the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised by
him to grant a licence under the said Act;
(iii) “Materials” means –
(a) raw materials, components, intermediates, consumables and parts used in the manufacture of resultant
product;
(b) packing materials used in the packaging of resultant product.
(c) fuel
GENERAL EXEMPTION NO. 33 1065
In exercise of the powers conferred by sub-section(1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government being satisfied that it is necessary in the public interest so to do, hereby
exempts materials used in the manufacture of resultant products when imported into India, from the whole
of the duty of customs leviable thereon, under the First Schedule to the Customs Tariff Act, 1975 (51 of
1975), and from the whole of the special additional duty leviable thereon under section 3A of the said
Customs Tariff Act, subject to the following conditions, namely:-
(1) that the importer has been granted duty free replenishment certificate licence (hereinafter referred
to as the said licence) by the Licensing Authority for import of the said materials in terms of paragraph
7.4 of the Export and Import Policy, and the said licence is produced at the time of clearance for debit
by the proper officer of the customs;
(2) that the said licence contains the endorsements specifying inter-alia;
(a) the standard input output norm (SION) number, description and value of the resultant product
exported on the reverse;
(b) the shipping bill number(s) and date(s) and FOB value in Indian Rupees of the resultant product,
on the reverse; and
(c) the quality, technical characteristics, specifications and quantity of the materials used in the
resultant product which are allowed to be imported duty free; and
(3) that the said licence and/or materials shall be freely transferable;
(4) that the imports and exports are undertaken through sea ports at Mumbai, Calcutta, Cochin, (Magdalla),
Kakinada, Kandla, Mangalore, Marmagoa, Madras, Nhava Sheva, Paradeep, Pipavav, Sikka, Tuticorin,
Visakhapatnam Dehej,Nagapattinam, Okha, Mundra, Jamnagar and Muldwarka or through any of the
airports at Ahmedabad, Bangalore, Bhubaneswar, Mumbai, Calcutta, Coimbatore, Delhi, Hyderabad,
Jaipur, Madras, Srinagar, Trivandrum, Varanasi, Nagpur, and Cochin or through any of the Inland
Container Depots at Agra, Bangalore, Coimbatore, Delhi, Faridabad, Gauhati, Guntur, Hyderabad,
Jaipur, Jallandhar, Kanpur, Ludhiana, Moradabad, Nagpur, Pimpri (Pune), Pitampur (Indore), Surat,
Tirupur, Varanasi, Nasik, Rudrapur (Nainital), Dighi (Pune), Vadodara, Daulatabad, (Wanjarwadi and
Maliwada), Maianpur, Waluj (Aurangabad), Anaparthy (Andhra Pradesh), Salem, Singanalur, Jodhpur,
Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai, Bhilwara, Pondicherry, Garhi Harsaru, Bhatinda, Dappar
(Dera Bassi), Chheharata (Amritsar), Karur, Miraj, Rewari, Bhusawal, Jamshedpur, Surajpur and Dadri
or through the Land Customs Station at Ranaghat, Singhabad, Raxaul, Jogbani, Nautanva (Sonauli),
Petrapole and Mahadipur.
Provided that the Commissioner of Customs may by special order and subject to such conditions as
may be specified by him permit import and export through any other sea port, airport or Inland Container
Depot or through a Land Customs Station.
(a) "Export and Import Policy" means Export and Import Policy, 1997-2002, notified by the
Government of India in the Ministry of Commerce vide notification number 1/(RE-99)/1997-2002,
dated the 31st March, 2000.
(b) "Licensing Authority", means the Director General of Foreign Trade appointed under section 6
of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised
by him to grant a licence under the said Act;
H. DFIA SCHEME:
GENERAL EXEMPTION NO. 34
(i) that the description, value and quantity of materials imported are covered by the said
authorisation and the said authorisation is produced before the proper officer of customs at
the time of clearance for debit:
Provided further that in respect of the said resultant product the exporter shall give
declaration with regard to the quality, technical characteristic and specifications of materi-
als used in the shipping bill;
(ii) that where import takes place after fulfilment of export obligation, the shipping bill number(s)
and date(s) and quantity and Free on Board (FOB) value of the resultant product are en-
dorsed on the said authorisation:
Provided that where import takes place before fulfilment of export obligation, the
quantity and FOB value of the resultant product to be exported are endorsed on the said
authorisation;
(iii) that in respect of imports made before the discharge of export obligation in full, the im-
porter at the time of clearance of the imported materials executes a bond with such surety or
security and in such form and for such sum as may be specified by the Deputy Commis-
sioner of Customs or Assistant Commissioner of Customs, as the case may be, binding
himself to pay on demand an amount equal to the duty leviable, but for the exemption
contained herein, on the imported materials in respect of which the conditions specified in
this notification are not complied with, together with interest at the rate of fifteen percent
GENERAL EXEMPTION NO. 34 1068
(iiia) that in respect of imports made after the discharge of export obligation in full, if facility under
rule 18 (rebate of duty paid on materials used in the manufacture of resultant product) or
sub-rule (2) of rule 19 of the Central Excise Rules, 2002 or CENVAT Credit under CENVAT
Credit Rules, 2004 has been availed, then the importer shall, at the time of clearance of the
imported materials furnish a bond to the Deputy Commissioner of Customs or Assistant
Commissioner of Customs, as the case may be, binding himself, to use the imported materi-
als in his factory or in the factory of his supporting manufacturer for the manufacture of
dutiable goods and to submit a certificate, from the jurisdictional Central Excise officer
within six months from the date of clearance of the said materials, that the imported materi-
als have been so used:
(a) materials are imported against an authorisation transferred by the Regional Authority, or
(b) the imported materials are transferred with the permission of Regional Authority,
then the importer shall pay an amount equal to the additional duty of customs leviable on
the materials so imported or transferred, but for the exemption contained herein, together
with interest at the rate of fifteen percent per annum from the date of clearance of the said
materials:
Provided further that if the importer pays additional duty of customs leviable on the im-
ported materials but for the exemption contained herein, then the imported materials may
be cleared without furnishing a bond specified in this condition and the additional duty of
customs so paid shall be eligible for availing CENVAT Credit under the CENVAT Credit
Rules, 2004;
(iiib) that in respect of imports made after the discharge of export obligation in full, and if facility
under rule 18 (rebate of duty paid on materials used in the manufacture of resultant product)
or sub-rule 2 of rule 19 of the Central Excise Rules, 2002 or CENVAT credit under CENVAT
Credit Rules, 2004 has not been availed and the importer furnishes proof to this effect to the
satisfaction of the Deputy Commissioner of Customs or the Assistant Commissioner of
Customs as the case may be, then the imported materials may be cleared without furnishing
a bond specified in condition (iiia)
(iv) that the imports and exports are undertaken through seaports at Mumbai, Kolkata, Cochin,
Magdalla, Kakinada, Kandla, Mangalore, Marmagoa, Chennai, Nhava Sheva, Paradeep,
Pipavav, Sikka, Tuticorin, Visakhapatnam, Dahej, Mundhra, Nagapattinam, Okha, Bedi (in-
cluding Rozi-Jamnagar), Muldwarka, Porbander, Dharamatar and Vadimar, Haldia (Halida
Dock Complex of Kolkata Port), Krishnapatnam and Ennore (Tamilnadu), Karaikal (Union
territory of Puducherry) and Kattupalli (Tamil Nadu) or through any of the airports at
Ahmedabad, Bangalore, Bhubaneswar, Mumbai, Kolkata, Coimbatore, Delhi, Hyderabad,
Jaipur, Chennai, Srinagar, Trivandrum, Varanasi, Nagpur, Cochin, Rajasansi (Amritsar),
Lucknow (Amausi) and Indore and Dabolim (Goa) and Visakhapatnam or through any of
the Inland Container Depots at Agra, Bangalore, Coimbatore, Delhi, Faridabad, Gauhati,
Guntur, Hyderabad, Jaipur, Jallandhar, Kanpur, Ludhiana, Moradabad, Nagpur, Pimpri
GENERAL EXEMPTION NO. 34 1069
(Pune), Pitampur (Indore), Surat, Tirupur, Varanasi, Nasik, Rudrapur (Nainital), Dighi (Pune),
Vadodara, Daulatabad (Wanjarwadi and Maliwada), Waluj (Aurangabad), Talegoan(District
Pune), Dhannad Rau (District Indore),Kheda (Pithampur, District Dhar), Patli (Gurgaon),
Irugur Village (Tamil Nadu), Thudiyalur (Tamil Nadu), Chettipalayam (Tamil Nadu) and
Veerapandi (Tamil Nadu), Marripalem Village in Taluk of Edlapadu, District Guntur and
Tondiarpet (TNPM), Chennai and Irungattukottai, SIPCOT IndustrialPark, Kattrambakkam
Village, Sriperumbudur Taluk, Kanchipuram District, Tamil Nadu, Anaparthy (Andhra
Pradesh), Salem, Malanpur, Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi,
Madurai, Bhilwara, Pondicherry, Garhi Harsaru, Bhatinda, Dappar (Dera Bassi), Chheharata
(Amritsar), Karur, Miraj, Rewari, Bhusawal, Jamshedpur, Surajpur, Dadri, Tuticorin, Kundli,
Bhadohi, Raipur, Mandideep, Durgapur, Babarpur and Loni (District Gaziabad) or through
the Land Customs Station at Ranaghat, Singhabad, Raxaul, Jogbani, Nautanva (Sonauli),
Petrapole, Mahadipur, Nepalganj Road, Dawki, Agartala, Sutarkhandi, Amritsar Rail Cargo
Attari Road, Hilli, Ghojadanga and Changrabandha a or Special Economic Zone notified
under section 4 of the Special Economic Zones Act, 2005 (28 of 2005).
Provided that the Commissioner of Customs may, by special order or by a Public
Notice and subject to such conditions as may be specified by him, permit import and export
from any other seaport/airport/inland container depot or through any land customs station;
(v) that the export obligation as specified in the said authorisation (both in value and quantity
terms) is discharged within the period specified in the said authorisation or within such
extended period as may be granted by the Regional Authority by exporting resultant prod-
ucts, manufactured in India which are specified in the said authorisation:
Provided that an Advance Intermediate authorisation holder shall discharge export
obligation by supplying the resultant products to the exporter in terms of paragraph 4.1.3
(ii) of the Foreign Trade Policy;
(vi) that the importer produces evidence of discharge of export obligation to the satisfaction of
the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case
may be, within a period of thirty days of the expiry of period allowed for fulfilment of
export obligation, or within such extended period as the said Deputy Commissioner of
Customs or Assistant Commissioner of Customs, as the case may be, may allow;
(vii) that exempt materials shall not be disposed of or utilised in any manner, except for utilisation
in discharge of export obligation, before the export obligation under the said authorisation
has been discharged in full;
(viii) that where the Bond filed under condition (iii) against the said authorisation has not been
redeemed by the Deputy Commissioner of Customs or Assistant Commissioner of Cus-
toms, as the case may be, the unutilised material may be transferred to any other manufac-
turer for processing under actual user condition after complying the central excise proce-
dure or the goods and services tax procedure relating to job work, as the case may be;
(a) the name and address of the supporting manufacturer is specified in the said authorisation
and the bond required to be executed by the importer in terms of condition (iii) shall be
executed jointly by the merchant exporter and the supporting manufacturer binding them-
GENERAL EXEMPTION NO. 34 1070
selves jointly and severally to comply with the conditions specified in this notification; and
(b) exempt materials are utilised in the factory of such supporting manufacturer for discharge
of export obligation and the same shall not be transferred or sold or used for any other
purpose by the said merchant exporter until the export obligation specified in condition (v)
has been discharged in full.
2. After discharge of export obligation as specified in condition (v) of paragraph 1, the Regional
Authority shall permit transfer of the said authorisation and/or the goods imported under it subject to such
conditions as may be specified.
3. Where the materials are found defective or unfit for use, the said materials may be re-exported back
to the foreign supplier within three years from the date of payment of duty on the importation thereof :
Provided that at the time of re-export the materials are identified to the satisfaction of the Deputy
Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, as the materials
which were imported.
4. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
Explanation – For the purposes of this notification,-
(i) “Foreign Trade Policy” means the Foreign Trade Policy 2004-2009 published vide notifica-
tion of the Government of India in the Ministry of Commerce and Industry, No.1/2006
dated the 7th April, 2006;
(ii) “Regional Authority” means the Director General of Foreign Trade appointed under section
6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer
authorized by him to grant an authorisation under the said Act;
(iii) “Materials” means -
(a) raw materials, components, intermediates, consumables, catalysts, and parts which
are required for manufacture of resultant product;
(b) mandatory spares within a value limit of ten per cent of the value of the authorisation
which are required to be exported alongwith the resultant product;
(c) fuel required for manufacture of resultant product; and
(d) packaging materials required for packing of resultant product.
(iv) “manufacture” has the same meaning as is assigned to it in paragraph 9.37 of the Foreign
Trade Policy.
(v) dutiable goods means excisable goods which are not exempt from cenral excise duty and
which are not chargeable to ‘nil’ rate of central excise duty.
GENERAL EXEMPTION NO. 35 1071
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods when imported into India against a duty credit scrip issued under the Focus Market Scheme
in accordance with paragraph 3.9 of the Foreign Trade Policy (hereinafter referred to as the said scrip)
from, -
(a) the whole of the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act
1975 (51 of 1975); and
(b) the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3 of the
said Customs Tariff Act,
subject to the following conditions, namely :-
(1) that the benefit under this notification shall be available only in respect of duty credit scrip issued
against exports to the countries notified in Appendix 37-C of the Handbook of Procedures, Vol.I of
the Foreign Trade Policy;
(2) that the said scrip is produced before the proper officer of customs at the time of clearance for debit
of the duties leviable on the goods, but for this exemption:
Provided that exemption from duty shall not be admissible if there is insufficient credit in
the said scrip for debiting the duties leviable on the goods, but for this exemption;
(3) that the said scrip and goods imported against it shall be freely transferable ;
(4) that the imports against the said certificate are undertaken through sea ports at Mumbai, Sikkim,
Kolkata, Cochin, Magdalla, Kakinada, Kandla, Mangalore, Marmagoa, Chennai, Nhava Sheva,
Paradeep, Pipavav, Sikka, Tuticorin, Visakhapatnam, Dahej, Mundhra, Nagapattinam, Okha, Bedi
including Rozi-Jamnagar, Muldwarka, Porbander, Dharamtar, Vadimar and Haldia (Haldia Dock
complex of Kolkata Port), Krishnapatnam and Ennore (Tamil Nadu), Karaikal (Union territory of
Puducherry) and Kattupalli (Tamil Nadu) or through any of the airports at Ahmedabad, Bangalore,
Bhubaneswar, Mumbai, Kolkata, Coimbatore, Delhi, Hyderabad, Jaipur, Chennai, Srinagar,
Trivandrum, Varanasi, Nagpur, Cochin, Rajasansi (Amritsar), Lucknow (Amausi), Indore and
Dabolim (Goa) and Visakhapatnam or through any of the Inland Container Depots at Agra, Banga-
lore, Coimbatore, Delhi, Faridabad, Gauhati, Guntur, Hyderabad, Jaipur, Jallandhar, Kanpur,
Ludhiana, Moradabad, Nagpur, Pimpri (Pune), Pitampur (Indore), Surat, Tirupur, Varanasi, Nasik,
Rudrapur (Nainital), Dighi (Pune), Vadodara, Daulatabad (Wanjarwadi and Maliwada), Waluj
(Aurangabad), Talegoan (District Pune), Dhannad Rau (District Indore),Kheda (Pithampur, District
Dhar), Patli (Gurgaon), Irugur Village (Tamil Nadu), Thudiyalur (Tamil Nadu), Chettipalayam (Tamil
Nadu) and Veerapandi (Tamil Nadu), Marripalem Village in Taluk of Edlapadu, District Guntur and
Tondiarpet (TNPM), Chennai and Irungattukottai, SIPCOT IndustrialPark, Kattrambakkam Vil-
lage, Sriperumbudur Taluk, Kanchipuram District, Tamil Nadu, Anaparthy (Andhra Pradesh), Sa-
lem, Malanpur, Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai, Bhilwara,
Pondicherry, Garhi Harsaru, Bhatinda, Dappar (Dera Bassi), Chheharata (Amritsar), Karur, Miraj,
Rewari, Bhusawal, Jamshedpur, Surajpur, Dadri, Tuticorin, Kundli, Bhadohi, Raipur, Mandideep
(District Raisen), Durgapur (Export Promotion Industrial Park), Babarpur and Loni (District
GENERAL EXEMPTION NO. 35 1072
Gaziabad) or through the Land Customs Station at Ranaghat, Singhabad, Raxaul, Jogbani, Nautanva
(Sonauli), Petrapole, Mahadipur, Nepalganj Road, Dawki, Agartala, Sutarkhandi, Amritsar Rail Cargo
Attari Road, Hilli, Ghojadanga and Changrabandha or Special Economic Zones as specified in the
notification issued under section 76A of the said Customs Act;
(5) that where the importer does not claim exemption from the additional duty of customs leviable under
sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff Act, he shall be deemed not to
have availed the exemption from the said duty for the purpose of calculation of the said additional
duty of customs.
(6) that the importer shall be entitled to avail of the drawback or CENVAT credit of additional duty
leviable under sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff Act against the
amount debited in the said scrip.
(7) that the exports made by EOUs/EHTPs/BTPs who do not avail of direct tax benefits/exemption
shall be eligible, provided the same is not covered under paragraph 3.9.2.2 of the Policy;
(8) that the benefits under this notification shall not be available to the items listed in Appendix 37B of
the Hand Book of Procedure, Volumn 1.
(9) Omitted (Omitted vide Sec.55 (1) of Finance Act, 2011 w.e.f. 1.4.2008)
2. The following categories of exports specified in Paragraph 3.9.2.2 of the Foreign Trade Policy shall
not be counted for calculation of export performance or for computation of entitlement under the scheme :-
(a) (i) export of imported goods covered under Para 2.35 of Foreign Trade Policy;
(ii) exports through transshipment, meaning thereby that exports originating in third country
but transshipped through India;
(b) export turnover of Special Economic Zone units or supplies made to such units or Special
Economic Zone products exported through Domestic Tariff Area units;
(c) deemed exports;
(d) service exports;
(e) diamonds and other precious, semi precious stones;
(f) gold, silver, platinum and other precious metals in any form, including plain and studded jewellery;
(g) ores and concentrates, of all types and in all forms;
(h) cereals, of all types;
(i) sugar, of all types and in all forms;
(j) crude/petroleum oil and crude/petroleum based products covered under ITC HS Codes 2709
to 2715, of all types and in all forms; and
(k) items, which are restricted or prohibited for export under Schedule-2 of Export Policy in ITC (HS).
Explanation. -
In this notification –
(2) that the said scrip is produced before the proper officer of customs at the time of clearance for debit of
the duties leviable on the goods, but for this exemption:
Provided that exemption from duty shall not be admissible if there is insufficient credit in the said
scrip for debiting the duties leviable on the goods, but for this exemption;
(3) that the said scrip and goods imported against it shall be freely transferable;
(4) that the imports against the said certificate are undertaken through sea ports at Mumbai, Sikkim, Kolkata,
Cochin, Magdalla, Kakinada, Kandla, Mangalore, Marmagoa, Chennai, Nhava Sheva, Paradeep, Pipavav,
Sikka, Tuticorin, Visakhapatnam, Dahej, Mundhra, Nagapattinam, Okha, Bedi including Rozi-Jamnagar,
Muldwarka, Porbander, Dharamtar Vadinar and Haldia (Haldia Dock complex of Kolkata Port,
Krishnapatnam and Ennore (Tamil Nadu), Karaikal (Union territory of Puducherry)and Kattupalli (Tamil
Nadu) or through any of the airports at Ahmedabad, Bangalore, Bhubaneswar, Mumbai, Kolkata,
Coimbatore, Delhi, Hyderabad, Jaipur, Chennai, Srinagar, Trivandrum, Varanasi, Nagpur, Cochin,
Rajasansi (Amritsar), Lucknow (Amausi), Indore and Dabolim (Goa) and Visakhapatnam or through
any of the Inland Container Depots at Agra, Bangalore, Coimbatore, Delhi, Faridabad, Gauhati, Guntur,
Hyderabad, Jaipur, Jallandhar, Kanpur, Ludhiana, Moradabad, Nagpur, Pimpri (Pune), Pitampur (Indore),
Surat, Tirupur, Varanasi, Nasik, Rudrapur (Nainital), Dighi (Pune), Vadodara, Daulatabad (Wanjarwadi
and Maliwada), Waluj (Aurangabad),Talegoan(District Pune), Dhannad Rau (District Indore),Kheda
(Pithampur, District Dhar), Patli (Gurgaon), Irugur Village (Tamil Nadu), Thudiyalur (Tamil Nadu),
Chettipalayam (Tamil Nadu) and Veerapandi (Tamil Nadu) Marripalem Village in Taluk of Edlapadu,
District Guntur and Tondiarpet (TNPM), Chennai and Irungattukottai, SIPCOT IndustrialPark,
Kattrambakkam Village, Sriperumbudur Taluk, Kanchipuram District, Tamil Nadu, Anaparthy (Andhra
Pradesh), Salem, Malanpur, Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai,
GENERAL EXEMPTION NO. 36 1074
Bhilwara, Pondicherry, Garhi Harsaru, Bhatinda, Dappar (Dera Bassi), Chheharata (Amritsar), Karur,
Miraj, Rewari, Bhusawal, Jamshedpur, Surajpur, Dadri, Tuticorin, Kundli, Bhadohi, Raipur, Mandideep
(District Raisen), Durgapur (Export Promotion Industrial Park), Babarpur and Loni (District Gaziabad)
or through the Land Customs Station at Ranaghat, Singhabad, Raxaul, Jogbani, Nautanva (Sonauli),
Petrapole, Mahadipur, Nepalganj Road, Dawki, Agartala, Sutarkhandi, Amritsar Rail Cargo, Attari
Road, Hilli, Ghojadanga and Changrabandha or Special Economic Zones as specified in the notifica-
tion issued under section 76A of the said Customs Act;
(5) that where the importer does not claim exemption from the additional duty of customs leviable under sub-
sections (1), (3) and (5) of section 3 of the said Customs Tariff Act, he shall be deemed not to have
availed the exemption from the said duty for the purpose of calculation of the said additional duty of
customs.
(6) that the importer shall be entitled to avail of the drawback or CENVAT credit of additional duty leviable
under sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff Act against the amount debited
in the said scrip.
(7) that the exports made by EOUs/EHTPs/BTPs who do not avail of direct tax benefits/exemption shall be
eligible, provided the same is not covered under paragraph 3.10.2.2 of the Policy;
(8) that the benefits under this notification shall not be available to the items listed in Appendix 37B of the
Hand Book of Procedure, Volumn 1.
(9) Omitted (Omitted vide Sec.55 (1) of Finance Act, 2011 w.e.f. 1.4.2008)
2. The following categories of exports specified in paragraph 3.10.2.2 of the Foreign Trade Policy shall not
be counted for calculation of export performance or for computation of entitlement under the scheme :-
(a) (i) export of imported goods covered under Para 2.35 of Foreign Trade Policy;
(ii) exports through transshipment, meaning thereby that exports originating in third country
but transshipped through India;
(b) export turnover of Special Economic Zone units or supplies made to such units or Special
Economic Zone products exported through Domestic Tariff Area units; and
(ii) “capital goods” has the same meaning as assigned to it in paragraph 9.12 of the Foreign Trade Policy;
(iii) “Foreign Trade Policy “ means the Foreign Trade Policy 2004-2009, published by the Government of
India in the Ministry of Commerce and Industry vide notification No.1
(RE-2006) /2004-2009, dated the 7th April, 2006.
GENERAL EXEMPTION NO. 37 1075
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts , -
(i) the goods specified in para 3.7 of the Foreign Trade Policy and in serial number 509 of
notification number 21/2002-Customs dated 1.3.2002, in case they are imported by the status holders of
marine sector;
(ii) the goods specified in para 3.7 of the Foreign Trade Policy in case they are imported by the
status holders of other sectors;
when imported into India against a Duty Credit Certificate (hereinafter referred to as the said certificate)
issued under paragraph 3.7 of the Foreign Trade Policy) from
(a) the whole of the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act,
1975 (51 of 1975); and
(b) the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3 of the
said Customs Tariff Act,-
(1) that the benefit under this notification shall be available only in respect of duty credit certificate
issued under the said Scheme to a Star Export House on the basis of incremental growth in FOB value of
exports made during the financial year 2005-06 over the exports made during the financial year 2004-05;
(2) that the said certificate has been issued to a Star Export House by the Regional or licensing authority
and it is produced before the proper officer of customs at the time of clearance for debit of the duties
leviable on the goods, but for this exemption:
Provided that exemption from duty shall not be admissible if there is insufficient credit in the said
certificate for debiting the duties leviable on the goods, but for this exemption;
(3) that the said certificate and goods imported against it shall not be transferred or sold:
Provided that where the goods are imported by a merchant exporter having supporting manufacturer(s)
whose name and address is specified on the said certificate, the said goods may be utilised by the said
supporting manufacturer(s);
(4) that in respect of capital goods, office equipment and professional equipment, a certificate from the
Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, having
jurisdiction over the importer's factory or premises is produced confirming installation and use of goods in
importer's factory or premises, within six months from the date of import or within such extended period as
GENERAL EXEMPTION NO. 37 1076
the Deputy Commissioner of Customs or Assistant Commissioner of Customs at the port of registration of
the said duty credit certificate may allow :
Provided that in respect of units which are not registered with the central excise, the said installation
certificate may be issued by an independent Chartered Engineer :
Provided further that where the capital goods, office equipment and professional equipment, are
imported by a merchant exporter having supporting manufacturer(s), the goods may be installed in the
factory or premises of the said supporting manufacturer(s);
(5) that the imports against the said certificate are undertaken through sea ports at Mumbai, Sikkim,
Kolkata, Cochin, Magdalla, Kakinada, Kandla, Mangalore, Marmagoa, Chennai, Nhava Sheva, Paradeep,
Pipavav, Sikka, Tuticorin, Visakhapatnam, Dahej, Mundhra, Nagapattinam, Okha, Bedi including Rozi-
Jamnagar, Muldwarka, Porbander, Dharamtar, Vadimar, Haldia (Halida Dock Complex of Kolkata Port),
Krishnapatnam and Ennore (Tamil Nadu), Karaikal (Union territory of Puducherry) and Kattupalli (Tamil
Nadu) or through any of the airports at Ahmedabad, Bangalore, Bhubaneswar, Mumbai, Kolkata, Coimbatore,
Delhi, Hyderabad, Jaipur, Chennai, Srinagar, Trivandrum, Varanasi, Nagpur, Cochin, Rajasansi (Amritsar),
Lucknow (Amausi), Indore and Dabolim (Goa), Visakhapatnam and Culicut or through any of the Inland
Container Depots at Agra, Bangalore, Coimbatore, Delhi, Faridabad, Gauhati, Guntur, Hyderabad, Jaipur,
Jallandhar, Kanpur, Ludhiana, Moradabad, Nagpur, Pimpri (Pune), Pitampur (Indore), Surat, Tirupur, Varanasi,
Nasik, Rudrapur (Nainital), Dighi (Pune), Vadodara, Daulatabad (Wanjarwadi and Maliwada), Waluj
(Aurangabad), Talegoan (District Pune), Dhannad Rau (District Indore),Kheda (Pithampur, District Dhar),
Patli (Gurgaon), Irugur Village (Tamil Nadu), Thudiyalur (Tamil Nadu), Chettipalayam (Tamil Nadu) and
Veerapandi (Tamil Nadu) Marripalem Village in Taluk of Edlapadu, District Guntur and Tondiarpet (TNPM),
Chennai and Irungattukottai, SIPCOT IndustrialPark, Kattrambakkam Village, Sriperumbudur Taluk,
Kanchipuram District, Tamil Nadu, Anaparthy (Andhra Pradesh), Salem, Malanpur, Singanalur, Jodhpur,
Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai, Bhilwara, Pondicherry, Garhi Harsaru, Bhatinda, Dappar
(Dera Bassi), Chheharata (Amritsar), Karur, Miraj, Rewari, Bhusawal, Jamshedpur, Surajpur, Dadri, Tuticorin,
Kundli, Bhadohi, Raipur, Mandideep (District Raisen), Durgapur (Export Promotion Industrial Park), Babarpur,
Loni (District Gaziabad) and Melapakkam Village (Arakkonam Taluk, Vellore District) or through the Land
Customs Station at Ranaghat, Singhabad, Raxaul, Jogbani, Nautanva (Sonauli), Petrapole, Mahadipur, Nepalganj
Road, Dawki, Agartala, Sutarkhandi, Amritsar Rail Cargo, Attari Road, Hilli, Ghojadanga and Changrabandha
or Special Economic Zones as specified in the notification issued under section 76A of the said Customs Act;
(6) that where the importer does not claim exemption from the additional duty of customs leviable under
sub-sections (1), (3) and (5) of section 3" of the said Customs Tariff Act, he shall be deemed not to have
availed the exemption from the said duty for the purpose of calculation of the said additional duty of customs.
(7) that the importer shall be entitled to avail of the drawback or CENVAT credit of additional duty
leviable under sub-sections (1), (3) and (5) of section 3" of the said Customs Tariff Act against the amount
debited in the said certificate.
2. The following categories of exports made from 1st April, 2005 to 19th February, 2006 shall not be
counted for calculation of export performance or for computation of entitlement under the scheme -
(i) export of imported goods covered under para 2.35 of the Foreign Trade Policy or exports made
through transshipment;
(ii) export turnover of units operating under SEZ/EOU/EHTP/STP/BTP Schemes or products
GENERAL EXEMPTION NO. 37 1077
3. The following categories of exports made with effect from 20th February, 2006 shall not be counted
for calculation of export performance or for computation of entitlement under the scheme-
(i) export of imported goods covered under para 2.35 of the Foreign Trade Policy or exports made
through transshipment;
(ii) export turnover of units operating under SEZ/EOU/EHTP/STP/BTP Schemes or supplies made to
such units or products manufactured by them and exported through Domestic Tariff Area units;
(iii) deemed exports (even when payments are received in Free Foreign Exchange and payment is made
from Exchange Earners' Foreign Currency account);
(iv) service exports;
(v) diamonds and other precious, semi precious stones;
(vi) exports of gold, silver, platinum and other precious metals in any form, including plain and studded
jewellery;
(vii) ores and concentrates, of all types and in all forms;
(viii) cereals, of all types;
(ix) sugar, of all types and in all forms;
(x) crude or petroleum oil and crude/petroleum based products covered under ITC HS Codes 2709 to
2715, of all types and in all forms;
(xi) export performance made by one exporter on behalf of another exporter.
Explanation, - In this notification –
(i) “goods” means any inputs, capital goods including spares, office equipment, professional equipment,
office furniture, and agricultural products listed in Chapters 1 to 24 of the First Schedule to said
Customs Tariff Act as may be notified by DGFT from time to time,
(ii) “capital goods” has the same meaning as assigned to it in paragraph 9.12 of the Foreign Trade Policy;
(iii) “Foreign Trade Policy “ means the Foreign Trade Policy 2004-2009 updated as on 31st March, 2005,
published by the Government of India in the Ministry of Commerce and Industry vide notification
No.1/(RE-2005), dated the 8th April, 2005 as amended from time to time;
(iv) “Regional or licensing authority” means the Director General of Foreign Trade appointed under sec-
tion 6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised
by him to grant a license or certificate under the said Act.
GENERAL EXEMPTION NO. 38 1078
L. EPCG SCHEME:
Exemption to Capital goods, their components and Spares when imported against on EPCG Licence.
[Notfn. No. 97/04-Cus. dt. 17.9.2004 as amended by 27/05, 46/05, 77/05, 97/05, 43/06,
63/07, 72/07, 116/07, 65/08, 125/08,19/09, 123/09, 93/10, 37/12, 40/12, 50/12, 4/13, 20/13, 46/13,
5/15, 26/17]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods specified in the Table annexed hereto, from,-
(i) so much of the duty of customs leviable thereon which is specified in the First Schedule to
the Customs Tariff Act, 1975 (51 of 1975) as is in excess of the amount calculated at the rate of five per cent
ad- valorem , and
(ii) the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section
3 of the said Customs Tariff Act, when specifically claimed by the importer.
2. The exemption under this notification shall be subject to the following conditions, namely : -
(1) that the goods imported are covered by a valid licence or a valid authorisation issued under the
Export Promotion Capital Goods Scheme in terms of Chapter 5 of the Foreign Trade Policy permitting
import of goods at the rate of five percent duty and the said licence is produced for debit by the proper
officer of customs at the time of clearance:
Provided that for import of spare parts specified at S.No.4 of the said Table, the validity period of
the licence or authorisation shall be deemed to be the period permitted for fulfillment of the export obligation
in full;
(2) that the importer executes a bond in such form and for such sum and with such surety or security
as may be specified by the Deputy Commissioner of Customs or Assistant Commissioner of Customs binding
himself to fulfil export obligation on FOB basis equivalent to eight times the duty saved on the goods
imported as may be specified on the licence or authorisation, or for such higher sum as may be fixed by the
Licensing Authority or Regional Authority, within a period of eight years from the date of issue of licence or
authorisation, in the following proportions, namely :-
_____________________________________________________________________________________
S.No. Period from the date of issue of licence Proportion of total export obligation
_____________________________________________________________________________________
1 2 3
_____________________________________________________________________________________
1. Block of 1st to 6th year 50%
2. Block of 7th to 8th year 50%
_____________________________________________________________________________________
Provided that where the duty saved is not less than Rs.100 crores, or where the licence or
authorisation is issued to units in the agri export zone as may be notified by the licensing authority or
Regional Authority, the export obligation shall be fulfilled within a period of twelve years from the date of
issue of licence in the following proportions, namely :-
GENERAL EXEMPTION NO. 38 1079
_____________________________________________________________________________________
S.No. Period from the date of licence Proportion of total export obligation
_____________________________________________________________________________________
1 2 3
_____________________________________________________________________________________
1. Block of 1st to 10th year 50%
2. Block of 11th and 12th year 50%
_____________________________________________________________________________________
Provided further that where a sick unit is notified by the Board for Industrial and Financial
Reconstruction or where a rehabilitation scheme is announced by the concerned State Government in respect
of sick unit for its revival, the export obligation may be fulfilled in terms of Paragraph 5.5.1of the Foreign
Trade Policy:
Provided also that where the capital goods are imported by agro units and units in tiny and cottage
sector, the export obligation shall be fixed equivalent to 6 times the duty saved on the goods imported as
may be specified on the licence, or for such higher sum as may be fixed by the licensing authority, within a
period of 12 years from the date of issue of the licence.
Provided also that where the capital goods are imported for technological upgradation, or by small
scale industry units as defined in paragraph 5.1 of the Foreign Trade Policy, as the case may be, the export
obligation shall be fixed equivalent to six times the duty saved on the goods imported as may be specified on
the licence, or for such higher sum as may be fixed by the Licensing Authority, within a period of eight years
from the date of issue of licence;
Provided also that export obligation of a particular block may be set off against the excess exports
made in the said preceding block;
(3) that if the importer does not claim exemption from the additional duty leviable under sub-sections
(1), (3) and (5) of section 3 of the Customs Tariff Act, 1975, the additional duty so paid by him shall not be
taken for computation of the net duty saved for the purpose of fixation of export obligation provided the
Cenvat credit of additional duty paid has not been taken;
(4) that the importer produces within 30 days from the expiry of each block from the date of issue of
licence or authorisation or within such extended period as the Deputy Commissioner of Customs or Assistant
Commissioner of Customs may allow, evidence to the satisfaction of the Deputy Commissioner of Customs
or Assistant Commissioner of Customs showing the extent of export obligation fulfilled, and where the
export obligation of any particular block is not fulfilled in terms of the preceding condition, the importer
shall within three months from the expiry of the said block pay duties of customs of an equal amount equal
to that portion of duties leviable on the goods, but for the exemption contained herein which bears the same
proportion as the unfulfilled portion of the export obligation bears to the total export obligation together
with interest at the rate of 15per cent per annum from the date of clearance of the goods;
(4A) where the importer fulfils 75% or more of the export obligation as specified in condition (2) within
half of the period specified for export obligation as mentioned in condition (2), his balance export obligation
shall be condoned and he shall be treated to have fulfilled the entire export obligation.
(5) that the capital goods imported, assembled or manufactured are installed in the importer's factory
or premises and a certificate from the Assistant Commissioner of Customs or Deputy Commissioner of
GENERAL EXEMPTION NO. 38 1080
Customs having jurisdiction over the importer's factory or premises, as the case may be, is produced confirming
installation and use of the capital goods in the importer's factory or premises, within six months from the date
of completion of imports or within such extended period as the said Assistant Commissioner of Customs or
Deputy Commissioner of Customs at the port of registration may allow :
Provided that if the importer is not registered with central excise or if he is a service provider, as the case
may be, he may produce said certificate of installation and usage issued by an independent chartered engineer:
(i) manufacturer exporter and merchant exporter having supporting manufacturer(s) or vendor(s);
(ii) import of irrigation equipment for use in contract farming for export of agricultural products;
and
the capital goods may be installed at the factory or premises of such other person whose name and address
are endorsed on the licence referred to in condition (1) and where the bond for full difference of duty, if
necessary, in terms of condition (2), with or without a bank guarantee, as the case may be, is executed by the
importer and such other person binding themselves jointly and severally to fulfil the export obligation and
all other conditions of this notification and to pay duty with interest at the rate of 15 per cent per annum in
case of default;
Provided also that agro units located in Agri Export Zones or service providers in Agri export Zones
may move the capital goods within the Agri Export Zones under intimation to the jurisdictional Deputy
Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, subject to the condition
that the importer shall maintain accurate record of such movement.
(6) that the imports and exports undertaken through seaports at Mumbai, Kolkata , Cochin, Magdalla,
Kakinada , Kandla Mangalore, Marmagoa, Chennai, Nhava Sheva, Paradeep , Pipavav, Sikka , Tuticorin,
Visakhapatnam , Dahej , Mundhra, Nagapattinam , Okha , Bedi (including Rozi Jamnagar), Muldwarka,
Porbander, Dharamtar, Vadimar and Haldia (Halida Dock Complex of Kolkata Port), Krishnapatnam and
Ennore (Tamil Nadu), Karaikal (Union territory of Puducherry) and Kattupalli (Tamil Nadu) or through any
of the airports at Ahmedabad , Bangalore, Bhubaneswar, Mumbai, Kolkata, Coimbatore, Delhi, Hyderabad,
Jaipur, Chennai, Srinagar, Trivandrum , Varanasi , Nagpur, Cochin, Rajasansi (Amritsar), Lucknow (Amausi),
Indore and Dabolim (Goa), Visakhapatnam and Calicut or through any of the Inland Container Depots at
Agra, Bangalore, Coimbatore, Delhi, Faridabad, Gauhati, Guntur, Hyderabad, Jaipur, Jallandhar, Kanpur,
Ludhiana, Moradabad, Nagpur, Pimpri (Pune), Pitampur (Indore ), Surat, Tirupur, Varanasi, Nasik, Rudrapur
(Nainital), Dighi Pune), Vadodara, Daulatabad (Wanjarwadi and Maliwada), Waluj (Aurangabad ),
Talegoan(District Pune), Dhannad Rau (District Indore),Kheda (Pithampur, District Dhar), Patli (Gurgaon),
Irugur Village (Tamil Nadu), Thudiyalur (Tamil Nadu), Chettipalayam (Tamil Nadu) and Veerapandi (Tamil
Nadu) Marripalem Village in Taluk of Edlapadu, District Guntur and Tondiarpet (TNPM), Chennai and
Irungattukottai, SIPCOT IndustrialPark, Kattrambakkam Village, Sriperumbudur Taluk, Kanchipuram District,
Tamil Nadu, Anaparthy (Andhra Pradesh), Salem, Malanpur, Singanalur , Jodhpur, Kota, Udaipur, Ahmedabad
, Bhiwadi, Madurai , Bhilwara, Pondicherry, Garhi Harsaru, Bhatinda , Dappar (Dera Bassi), Chheharata
(Amritsar), Karur, Miraj, Rewari , Bhusawal, Jamshedpur, Surajpur, Dadri, Tuticorin, Kundli, Bhadohi, Raipur,
Mandideep (District Raisen), Durgapur (Export Promotion Industrial Park), Babarpur, Loni (District Gaziabad)
and Melapakkam Village (Arakkonam Taluk, Vellore District) or through the Land Customs Station at
GENERAL EXEMPTION NO. 38 1081
Ranaghat, Singhabad, Raxaul, Jogbani, Nautanva (Sonauli), Petrapole, Mahadipur, Nepalganj Road, Dawki,
Agartala, Sutarkhandi,Amritsar Rail Cargo, Attari Road, Hilli, Ghojadanga and Changrabandha or Special
Economic Zone as specified in the notification issued under section 76A of the Customs Act, 1962 (52 of
1962).
Provided that the Commissioner of Customs may by special order or a public notice and subject to
such conditions as may be specified by him, permit import and export through any other sea-port, airport
inland container depot or through a land customs station.
(7) notwithstanding anything contained in condition (4), where the Licensing Authority or Regional
Authority grants extension of block-wise period for any block(s) or overall period of fulfilment of export
obligation upto a period of two years or regularization of shortfall in export obligation, not exceeding five
per cent of such export obligation, the said block-wise period or overall period of export obligation shall be
extended or condoned by the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as
the case may be :
Provided that in respect of sick unit referred to in the second proviso to condition (2), extension of
overall period of export obligation shall not be allowed.
Provided further that the Regional Authority may grant further extension in the overall period of
export obligation upto a period of further two years if the authorisation holder pays fifty per cent differential
duty on the unfulfilled portion of the export obligation and agrees to fulfill other conditions as may be
specified by the Regional Authority for this purpose.
3. Where the goods specified in the said Table are found defective or unfit for use, the said goods
may be re-exported back to the foreign supplier within 3 years from the date of payment of duty on the
importation thereof:
Provided that at the time of re-export, the goods are identified to the satisfaction of the Deputy
Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, as the goods which
were imported.
TABLE
_____________________________________________________________________________________
S.No. Description of goods
_____________________________________________________________________________________
1 2
_____________________________________________________________________________________
1. Capital goods for pre-production, production and post production including second hand capital
goods.
2. Capital goods in SKD/CKD conditions to be assembled into capital goods by the importer.
3. Omitted
4. Spare parts of goods specified at Serial Nos.1 and 2 as actually imported and required for maintenance
of capital goods so imported, assembled, or manufactured.
5. Spare parts for the existing plant and machinery of the licence holder.
_____________________________________________________________________________________
4. Waiver of Export Obligation may be considered where, because of force majeure or other unforeseen
circumstances/reasons, exporter is unable to fulfill export obligation. Such requests shall be considered
by a Committee comprising representative(s) of Department of Commerce and Department of
GENERAL EXEMPTION NO. 38 1082
Revenue under Directorate General of Foreign Trade. Decision of this Committee shall be notified
by Department of Revenue for implementation.
5. where the total exports of a sector or product group during the year 2007-08 has declined by more
than 5% as compared to the year 2006-07, the average export obligation of the licencee for 2007-08
may be reduced proportionate to the reduction in exports of that particular sector /product group
during 2007-08 as against 2006-07”;
6. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas
been dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No.
22 (RE-2013)/2009-2014 dated the 12th August, 2013.
(1) “Capital goods” has the same meaning as assigned to it in Paragraph of 9.12 of the Foreign Trade
Policy;
(2) “Foreign Trade Policy” means the Foreign Trade Policy 2004-2009 published vide notification of
the Government of India in the Ministry of Commerce and Industry, No. 1/2004 dated the 31st August, 2004
as amended from time to time;
(3) “Licensing Authority or Regional Authority” means the Director General of Foreign Trade appointed
under section 6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer
authorized by him to grant a licence or authorisation under the said Act;
( i ) in relation to importers other than those rendering services, means exports to a place outside
India, of products manufactured with the use of capital goods imported, assembled or manufactured in terms
of this notification :
(b) export of same products manufactured in different units of the licence holder; or
(c) through third party exports made by an exporter or manufacturer on behalf of the licence
holder by exporting the same product and in such cases, inter- alia the shipping bills shall
indicate name of both the third party and the licence holder; or
(d) making supplies of manufactured product in terms of paragraph 5.4 of the Foreign Trade
Policy; or
(ii) in relation to importers rendering services, means, receiving payments in freely convertible foreign
GENERAL EXEMPTION NO. 38 1083
Provided also that in respect of service providers in the Port Handling sector, the export obligation
may be fulfilled by earning service charges in Indian rupees which are otherwise considered as free foreign
exchange by the Reserve Bank of India:
Provided also that in respect for hotels the export obligation may also be fulfilled by Managed
Hotels as defined in paragraph 9.36 of the Foreign Trade Policy.
(iii) shall be, over and above, the average level of exports achieved by the licencee in the preceding three
licencing years for same and similar products
GENERAL EXEMPTION NO. 39 1084
Concessional duty of 5% on Capital goods, components and spares imported under the EPCG Scheme
- EXIM Policy 2002-07 - duty saved criteria
[Notfn. No. 55 /03-Cus. dt. 1.4.2003 as amended by Notfn. Nos. 84/03, 97/03, 134/03, 140/03, 29/04, 63/
04, 46/05, 77/05, 97/05, 41/06, 63/07, 116/07, 65/08, 125/08, 19/09, 46/13, 26/17].
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods specified in the Table annexed hereto from so much of the duty of Customs leviable thereon
which is specified in the First Schedule to the Customs Tariff Act, 1975 (51of 1975) as is in excess of the
amount calculated at the rate of five percent ad- valorem and from the whole of the additional duty
and special additional duty leviable thereon respectively under sub-sections (1), (3) and (5) of section 3
and 3A of the said Customs Tariff Act.
2. The exemption under this notification shall be subject to the following conditions namely:-
Provided that for import of spare parts specified at Sr.No.4 of the said Table, the validity period of the
licence shall be deemed to be the period permitted for fulfilment of the export obligation in full;
(2) that the importer executes a bond in such form and for such sum and with such surety or security as may
be specified by the Deputy Commissioner of Customs or Assistant Commissioner of Customs binding himself
to fulfil export obligation on FOB basis equivalent to eight times the duty saved on the goods imported
as may be specified on the licence, or for such higher sum as may be fixed by the Licensing Authority, within
a period of eight years from the date of issue of licence, in the following proportions, namely:-
_______________________________________________________________________________________
S.No. Period from the date of issue of licence Proportion of total export obligation
_______________________________________________________________________________________
1 2 3
_______________________________________________________________________________________
1. Block of 1st and 2nd year Nil
2. Block of 3rd and 4th year 15%
3. Block of 5th and 6th year 35%
4. Block of 7th and 8th year 50%
_______________________________________________________________________________________
_______________________________________________________________________________________
S.No. Period from the date of licence Proportion of total export obligation
_______________________________________________________________________________________
1 2 3
_______________________________________________________________________________________
1. Block of 1st, 2nd, 3rd, 4th and 5th year Nil
2. Block of 6th, 7th and 8th year 15%
3. Block of 9th and 10th year 35%
4. Block of 11th and 12th year 50%
_______________________________________________________________________________________
Provided further that where a sick unit is notified by the Board for Industrial and Financial Reconstruction
or where a rehabilitation scheme is announced by the concerned State Government in respect of sick unit for
its revival, the export obligation may be fulfilled in terms of Paragraphs 5.5.1 of the Export and Import
Policy.
Provided also that export obligation of a particular block may be set off against the excess exports made in
the said preceding block(s);
(3) that the importer produces within 30 days from the expiry of each block from the date of issue of
licence or within such extended period as the Deputy Commissioner of Customs or Assistant Commissioner
of Customs may allow, evidence to the satisfaction of the Deputy Commissioner of Customs or Assistant
Commissioner of Customs showing the extent of export obligation fulfilled , and where the export obligation
of any particular block is not fulfilled in terms of the preceding condition, the importer shall within three
months from the expiry of the said block pay duties of customs of an equal amount equal to that portion of
duties leviable on the goods but for the exemption contained herein which bears the same proportion as the
unfulfilled portion of the export obligation bears to the total export obligation together with interest at the
rate of 15% per annum from the date of clearance of the goods;
(4) that the capital goods imported, assembled or manufactured are installed in the importer's factory or
premises and a certificate from the Assistant Commissioner of Customs or Deputy Commissioner of Customs
having jurisdiction over the importer's factory or premises, as the case may be, is produced confirming
installation and use of the capital goods in the importer's factory or premises, within six months from the date
of completion of imports or within such extended period as the said Assistant Commissioner of Customs or
Deputy Commissioner of Customs referred to in condition (2) above may allow:
Provided that in the case of ,-
(i) manufacturer exporter and merchant exporter having supporting manufacturer (s) or vendor(s);
(ii) import of irrigation equipment for use in contract farming for export of agricultural products; and
(iii) importer rendering services;
the capital goods may be installed at the factory or premises of such other person whose name and
address are endorsed on the licence referred to in condition (1) and where the bond for full difference
of duty, if necessary, in terms of condition (2) , with a bank guarantee is executed by the importer
and such other person binding themselves jointly and severally to fulfil the export obligation and all
other conditions of this notification and to pay duty with interest at the rate of 15% per annum in
case of default;
GENERAL EXEMPTION NO. 39 1086
(5) that the imports and exports are undertaken through sea ports at Mumbai, Kolkata, Cochin, Magdalla,
Kakinada, Kandla, Mangalore, Marmagoa, Madras, Nhava Sheva, Paradeep, Pipavav, Sikka, Tuticorin,
Visakhapatnam, Dahej, Mundhra, Nagapattinam, Okha, Bedi (including Rozi-Jamnagar), Muldwarka,
Porbander, Dharamtar, Vadimar and Haldia (Halida Dock Complex of Kolkata Port) and Krishnapatnam or
through any of the airports at Ahmedabad, Bangalore, Bhubaneswar, Mumbai, Kolkata, Coimbatore, Delhi,
Hyderabad, Jaipur, Madras, Srinagar, Trivandrum, Varanasi, Nagpur, Cochin, Rajasansi (Amritsar), Lucknow
(Amausi), Indore and Dabolim (Goa) or through any of the Inland Container Depots at Agra, Bangalore,
Coimbatore, Delhi, Faridabad, Gauhati, Guntur, Hyderabad, Jaipur, Jallandhar, Kanpur, Ludhiana, Moradabad,
Nagpur, Pimpri (Pune), Pitampur (Indore), Surat, Tirupur, Varanasi, Nasik, Rudrapur (Nainital), Dighi (Pune),
Vadodara, Dauladtabad, (Wanjarwadi and Maliwada), Waluj (Aurangabad), Anaparthy (Andhra Pradesh),
Salem, Malanpur, Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai, Bhilwara, Pondicherry,
Garhi Harsaru, Bhatinda, Dappar (Dera Bassi), Chheharata (Amritsar), Karur, Miraj, Rewari, Bhusawal,
Jamshedpur, Surajpur, Dadri, Tuticorin, Kundli, Bhadohi, Raipur, Mandideep (District Raisen), Durgapur
(Export Promotion Industrial Park), Babarpur and Loni (District Gaziabad) or through the Land Customs
Station at Ranaghat, Singhabad, Raxaul, Jogbani, Nautanva (Sonauli), Petrapole, Mahadipur, Nepalganj
Road, Dawki, Agartala, Sutarkhandi, Amritsar Rail Cargo, Attari Road, Hilli, Ghojadanga and Changrabandha
or Special Economic Zone as specified in the notification issued under section 76A of the Customs Act,
1962 (52 of 1962).
(6) notwithstanding anything contained in condition (3) above, where the Licensing Authority grants
extension of block – wise period for any block(s) or overall period of fulfillment of export obligation upto a
period of two years or regularization of shortfall in export obligation, not exceeding five percent of such
export obligation, the said block-wise period or overall period of export obligation shall be extended/ condoned
by the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be:
Provided that in respect of sick units as specified in the second proviso to condition (2) above, extension
of overall period of export obligation shall not be allowed.
3. Where the goods specified in the said Table are found defective or unfit for use, the said goods may
be re-exported back to the foreign supplier within 3 years from the date of payment of duty on the importation
thereof:
Provided that at the time of re-export, the goods are identified to the satisfaction of the Deputy
Commissioner of Customs or Assistant Commissioner of Customs as the goods which were imported.
4. where the total exports of a sector or product group during the year 2007-08 has declined by more
than 5% as compared to the year 2006-07, the average export obligation of the licencee for 2007-08 may be
reduced proportionate to the reduction in exports of that particular sector /product group during 2007-08 as
against 2006-07.
5. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
GENERAL EXEMPTION NO. 39 1087
TABLE
____________________________________________________________________________________________
S.NO. Description of goods
____________________________________________________________________________________________
1 2
____________________________________________________________________________________________
1. Capital goods for pre production, production and post production including second hand capital goods
upto 10 years old.
2. Capital goods in SKD/CKD conditions to be assembled into capital goods by the importer.
3. Components of capital goods required for assembly or manufacture of capital goods by the importer.
4. Spare parts of goods specified at Serial Nos.1,2,and 3 as actually imported and required for
maintenance of capital goods so imported, assembled, or manufactured.
5 Spares for the existing plant and machinery of the licence holder.
____________________________________________________________________________________________
Explanation - In this notification,-
(1) “Capital Goods” has the same meaning as assigned to it in Paragraph 9.10 of the Export and Import
Policy;
(2) “Export and Import Policy” means the Export and Import Policy 2002-2007 published vide notification
of the Government of India in the Ministry of Commerce and Industry, No.1/2003 dated the 31st March,
2003 as amended from time to time;
(3) “Licensing Authority” means the Director General of Foreign Trade appointed under section 6 of the
Foreign Trade (Development and Regulation) Act,1992 (22 of 1992) or an officer authorised by him to
grant a licence under the said Act;
(4) “export obligation”, -
(i) in relation to importers other than those rendering services, means exports, to a place outside India,
of products manufactured with the use of capital goods imported, assembled or manufactured in terms
of this notification:
Provided that export obligation may also be fulfilled by ,-
(a) export of same products capable or being manufactured with the use of said capital goods; or
(b) export of same products manufactured in different units of the licence holder; or
(c) through third party exports made by an exporter or manufacturer on behalf of the licence holder
by exporting the same product and in such cases, inter-alia the Shipping bills shall indicate name
of both the third party and the licence holder; or
(d) making supplies of same product in terms of sub- paragraphs (a) (b) (d) (e) (f) (g) (h) (i) and (j)
of paragraph 8.2 of the Export and Import Policy; or
(e) export of other goods manufactured by the importer;
(ii) in relation to importers rendering services, means, receiving payments in freely convertible foreign
currency for services rendered through the use of capital goods.
Provided that in respect of units holding license both as manufacturer exporter and service provider,
the export obligation may be fulfilled either by export of products specified in clause (i) or by receiving
payments in freely convertible foreign currency for services rendered through the use of such capital goods.
Provided further that in respect of group companies as defined in the Companies Act, 1956 (1 of
GENERAL EXEMPTION NO. 39 1088
1956), where licence has been issued to any one of the group company, the export obligation may also be
fulfilled by export of any goods/services by any other company(s) belonging to the said group:
Provided also that in respect of service providers in the Port Handling sector, the export obligation
may be fulfilled by earning service charges in Indian rupees which are otherwise considered as free foreign
exchange by the Reserve Bank of India.
(iii) shall be, over and above, the average level of exports achieved by the licencee in the preceding three
licencing years for same and similar products.
GENERAL EXEMPTION NO. 40 1089
Concessional duty of 5% on Capital goods, components and spares imported under the (EPCG)
Scheme EXIM Policy 2002-2007.
[Notfn. No. 44/02-Cus. dt. 19.4.2002 as amended by Notfn. No. 113/02, 116/02, 44/03, 29/04, 65/04, 65/08,
46/13, 26/17].
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods specified in the Table annexed hereto from so much of the duty of Customs leviable thereon
which is specified in the First Schedule to the Customs Tariff Act, 1975 (51of 1975) as is in excess of the
amount calculated at the rate of five percent ad valoram and from the whole of the additional duty and
special additional duty leviable thereon respectively under sub-sections (1), (3) and (5) of section 3 and
section 3A of the said Customs Tariff Act.
2. The exemption contained in above paragraph, shall be subject to the following conditions namely:-
Provided that for the import of spare parts, the validity period of the licence shall be deemed to be the
period permitted for fulfilment of the export obligation in full;
(2) The importer executes a bond in such form and for such sum and with such surety or security as may be
specified by the Assistant Commissioner of Customs or Deputy Commissioner of Customs binding himself to
fulfil export obligation equivalent to five times the CIF value of the goods imported on FOB basis, as specified
in the licence, or for such higher amount as may be fixed by the Licensing Authority or for such amount as may
be fixed by the Licensing Authority in terms of clause (i) of Paragraph 5.4 of the Export and Import Policy, 2002-
2007, within a period of eight years from the date of issue of licence, in the following proportions, namely:-
_______________________________________________________________________________________
S.No. Period from the date of issue of licence Proportion of total export
obligation
_______________________________________________________________________________________
1 2 3
_______________________________________________________________________________________
1. Block of 1st and 2nd year Nil
2. Block of 3rd and 4th year 15%
3. Block of 5th and 6th year 35%
4. Block of 7th and 8th year 50%
_______________________________________________________________________________________
Provided that where the CIF value of licence is not less than Rs.100 crores, or where the license is
issued to Units in the agri export zones as may be notified by the Director General of Foreign Trade in the
Ministry of Commerce and Industry, the export obligation shall be fulfilled within a period of 12 years from
GENERAL EXEMPTION NO. 40 1090
the date of issue of licence in the following proportions, namely:-
_______________________________________________________________________________________
S.No. Period from the date of issue of licence Proportion of total export
obligation
_______________________________________________________________________________________
1 2 3
_______________________________________________________________________________________
1. Block of 1st , 2nd, 3rd, 4th & 5th year Nil
2. Block of 6th, 7th and 8th year 15%
3. Block of 9th and 10th year 35%
4. Block of 11th and 12th year 50%
_______________________________________________________________________________________
Provided further that where a sick unit notified by the Board for Industrial and Financial
Reconstruction (BIFR) is subsequently taken over by another unit for revival, the export obligation may be
fulfilled within a period of 12 years from the date of issue of license:
Provided also that the export obligation of particular block may be set off against the excess exports
made in the said preceding block(s);
(3) the importer produces within 30days from the expiry of each block from the date of issue of licence
or within such extended period as the Assistant Commissioner of Customs or Deputy Commissioner of
Customs may allow, evidence to the satisfaction of the Assistant Commissioner of Customs or Deputy
Commissioner of Customs showing the extent of export obligation fulfilled , and where the export obligation
of any particular block is not fulfilled in terms of the preceding condition, the importer shall within three
months from the expiry of the said block pay duties of customs of an equal amount equal to that portion of
duties leviable on the goods but for the exemption contained herein which bears the same proportion as the
unfulfilled portion of the export obligation bears to the total export obligation together with interest at the rate
of 15% per annum from the date of clearance of the goods;
(4) the capital goods imported, assembled or manufactured are installed in the importer's factory or
premise and a certificate from the Assistant Commissioner of Customs or Deputy Commissioner of Customs
having jurisdiction over the importer's factory or premise or any independent Chartered Engineer, as the case
may be, is produced confirming installation and use of the capital goods in the importer's factory or premise,
within six months from the date of completion of imports or within such extended period as the said Assistant
Commissioner of Customs or Deputy Commissioner of Customs referred to in condition (2) above may allow
Provided that in the case of ,-
(i) manufacturer exporter and merchant exporter having supporting manufacturer (s) or vendor(s),
(ii) import of irrigation equipment for use in contract farming for export of agricultural products,and
(iii) importer rendering services.
the capital goods may be installed at the factory or premises of such other person whose name
and address are endorsed on the licence referred to in condition (i) and where the bond for full difference of
duty, if necessary, in terms of conditions (2) , with a bank guarantee is executed by the importer and such
other person binding themselves jointly and severally to fulfil the export obligation and all other conditions of
GENERAL EXEMPTION NO. 40 1091
this notification and to pay duty with interest in case of default;
(5) notwithstanding anything contained in condition (3) where the Licensing Authority grants an extension
of block – wise period for any block(s) or overall period of fulfilment of export obligation upto a period of
two years or regularization of shortfall in export obligation, not exceeding five percent of such export
obligation, the said block-wise period or overall period of export obligation may be extended and the said
shortfall in export obligation be condoned by the Assistant Commissioner of Customs or Deputy Commissioner
of Customs:
Provided that in respect of licence holder units affected by the earthquake in the State of Gujarat in
the month of January 2001, the Licensing Authority may grant extension in the overall period of export
obligation up to one more year:
Provided further that in case of a license holder unit referred to in the first proviso, having overall
export obligation period of 13 years and in case of other licence having export obligation period of 12 years,
extension of overall period of export obligation shall not be allowed.
3. where the goods are found defective or unfit for use, the said goods may be re-exported back to the
foreign supplier within 3 years from the date of payment of duty on the importation thereof:
Provided that at the time of re-export, the goods are identified to the satisfaction of the Assistant
Commissioner of Customs or Deputy Commissioner of Customs as the goods which were imported.
4. where the total exports of a sector or product group during the year 2007-08 has declined by more
than 5% as compared to the year 2006-07, the average export obligation of the licencee for 2007-08 may be
reduced proportionate to the reduction in exports of that particular sector /product group during 2007-08 as
against 2006-07.
TABLE
_______________________________________________________________________________________
S.NO. Description of goods
_______________________________________________________________________________________
1 2
_______________________________________________________________________________________
1. Capital goods.
2. Capital goods in SKD/CKD conditions to be assembled into capital goods by the importer.
3. Components of capital goods required for assembly or manufacture of capital goods by the
importer.
4. Spare parts not exceeding twenty percent of the value of goods specified at Serial Nos. 1,2,and
3 as actually imported and required for maintenance of capital goods so imported, assembled,
or manufactured.
_______________________________________________________________________________________
5. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
Explanation - In this notification,-
GENERAL EXEMPTION NO. 40 1092
(1) “Capital Goods” means any plant, machinery, equipment and accessories required
for-
(a) manufacture or production of other goods, including packaging machinery and equipments,
refractories, refrigeration equipment, power generating sets, machine tools, catalysts for
initial charge, and equipment and instruments for testing, research and development, quality
and pollution control;
(b) use in manufacturing, mining, agriculture, marine, aquaculture, animal husbandry,
floriculture, horticulture, pisciculture, poultry, viticulture and sericulture;
(c) rendering services;
(2) “Export and Import Policy” means the Export and Import Policy 2002-2007 published vide
notification of the Government of India in the Ministry of Commerce, No.1/2002-2007 dated the 31st March,
2002;
(3) “Licensing Authority” means the Director General of Foreign Trade appointed under section
6 of the Foreign Trade (Development and Regulation) Act,1992 (22 of 1992) or an officer authorised by him
to grant a licence under the said Act;
(4) “export obligation”, -
(i) in relation to importers other than those rendering services, means exports, to a place outside
India, of products manufactured with the use of capital goods imported, assembled or
manufactured in terms of this notification:
Provided that export obligation may also be fulfilled by
(a) export of same products capable of being manufactured with the use of said capital
goods; or
(b) export of same product manufactured in different units of the licence holder; or
(c) through third party exports made by an exporter or manufacturer on behalf of the
licence holder by exporting the same product and in such cases, inter-alia the Shipping bills
shall indicate name of both the third party and the licence holder; or
(d) making supplies of same product in terms of sub- paras (a) (b) (d) (e) (f) (g) (h) (i)
and (j) of paragraph 8.2 of the Export and Import Policy;
(ii) in relation to importers rendering services; means, receiving payments in freely convertible
foreign currency for services rendered through the use of such capital goods.
(iii) means, export of goods in terms of the notification of the Government of India in the Ministry
of Commerce and Industry (Department of Commerce) No.28(RE-2003)/2002-2007 dt. 28th
January. 2004.
(iv) shall be, over and above, the average level of exports achieved by the licencee in the preceding
three licencing years for same and similar products.
GENERAL EXEMPTION NO. 41 1093
Concessional duty of 5% on Capital goods, components of capital goods and spares imported under
(EPCG) scheme - EXIM Policy 1997-2002 - CIF Criteria.
[Notfn. No. 49/00-Cus. dt.27.4.2000 as amended by Notfn. Nos.120/00, 49/02, 113/02, 116/02, 44/03 , 29/
04, 65/04, 65/08, 46/13, 26/17].
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do hereby
exempts goods specified in the Table annexed hereto from so much of the duty of customs leviable thereon
which is specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) as is in excess of the
amount calculated at the rate of 5% ad valorem and from the whole of the additional duty and special
additional duty leviable thereon respectively under sub-sections (1), (3) and (5) of section 3 and section 3A
of the said Customs Tariff Act.
2. The exemption contained in paragraph 1, shall be subject to the following conditions, namely:-
(1) The goods imported are covered by a valid licence issued under the Export Promotion Capital
Goods (EPCG) Scheme in terms of paragraph 6.2 of the Export and Import Policy permitting import of
goods at the rate of 5% duty and the said licence is produced for debit by the proper officer of the customs
at the time of clearance:
Provided that for the import of spare parts, the validity period of the licence shall be deemed to be
the period permitted for fulfilment of the export obligation in full.
(2) The importer executes a bond in such form and for such sum and with such surety or security as
may be specified by the Assistant Commissioner of Customs or Deputy Commissioner of Customs binding
himself to fulfil export obligation equivalent to five times the CIF value of the goods imported on FOB
basis, or four times the CIF value of capital goods on Net Foreign Exchange basis as specified in the
licence, or for such higher amount as may be fixed by the Licensing Authority or for such amount as may be
fixed by the Licensing Authority in terms of clause (i) of Paragraph 5.4 of the Export and Import Policy, 2002-2007,
within a period of eight years from the date of issue of licence, in the following proportions, namely:-
Provided that where the CIF value of licence is not less than Rs. 100 crores, the export obligation
shall be fulfilled within a period of 12 years from the date of issue of licence in the following proportions,
namely:
1 2 3
1. Block of Ist ,2nd, 3rd, 4th and 5th year Nil
2. Block of 6th, 7th and 8th year 15%
3. Block of 9th and 10th year 35%
4. Block of 11th and 12th year 50%
Provided further that where a sick unit notified by the Board for Industrial and Financial Reconstruction
(BIFR) is subsequently taken over by another unit for revival, the export obligation may be fulfilled within
a period of 12 years from the date of issue of license:
Provided also that export obligation of a particular block may be set off by the excess exports made in
the said preceding blocks(s);
(3) The importer produces within 30 days from the expiry of each block of two years from the date of
issue of licence or within such extended period as the Assistant Commissioner of Customs or Deputy
Commissioner of Customs may allow, evidence to the satisfaction of the Assistant Commissioner of Customs
or Deputy Commissioner of Customs showing the extent of export obligation fulfilled, and where the export
obligation of any particular block of two years is not fulfilled in terms of the preceding condition, the
importer shall within three months from the expiry of the said block pay duties of customs of an equal
amount equal to that portion of duties leviable on the goods but for the exemption contained herein which
bears the same proportion as the unfulfilled portion of the export obligation bears to the total export obligation
together with interest at the rate of 15% per annum from the date of clearance of the goods.
(4) The importer shall, if he fails to discharge a minimum of 25% of the export obligation prescribed
for any particular block of two years for two consecutive blocks, be liable to pay forthwith the whole of the
duties of customs leviable on the goods imported but for the exemption contained in this notification together
with interest at the rate of 15% per annum from the date of clearance of the goods.
(5) The capital goods imported, assembled or manufactured are installed in the importer's factory or
premise and a certificate from the Assistant Commissioner of Customs or Deputy Commissioner of Customs
having jurisdiction over the importer's factory or premise or any independent Chartered Engineer, as the case
may be, is produced confirming installation and use of the capital goods in the importer's factory or premise,
within six months from the date of completion of imports or within such extended period as the said Assistant
Commissioner of Customs or Deputy Commissioner of Customs referred to in condition (2) above may allow:
Provided that in the case of,—
(i) manufacturer exporter and merchant exporter having supporting manufacturer(s)/vendor(s),
(ii) import of irrigation equipment for use in contract farming for export of agricultural products, and
(iii) importer rendering services, the capital goods may be installed at the factory or premises, of such
other person whose name and address are endorsed on the licence referred to in condition (1) and where the
bond for full difference of duty, if necessary, in terms of condition (2), with a bank guarantee is executed
by the importer and such other person binding themselves jointly and severally to fulfil the export obligation
and all other conditions of this notification and to pay duty with interest in case of default.
(6) Notwithstanding anything contained in conditions (3) and (4), where the Licensing Authority grants
extension of block-wise period for any Block(s) or overall period of fulfilment of export obligation upto a
period of two years or regularisation of shortfall in export obligation, not exceeding 5% of such export
obligation, the said block-wise period or overall period of export obligation may be extended and the said
GENERAL EXEMPTION NO. 41 1095
shortfall in export obligation be condoned by the Assistant Commissioner of Customs or Deputy Commissioner
of Customs.
Provided that in respect of licence holder units affected by the earthquake in the State of Gujarat in the
month of January 2001, the Licensing Authority may grant extension in the overall period of export obligation
up to one more year:
Provided further that in case of a licence holder unit referred to in the first proviso, having overall
export obligation period of 13 years and in case of other licence having export obligation period of 12 years,
extension of overall period of export obligation shall not be allowed.
3. Where the goods are found defective or unfit for use, the said goods may be re-exported back to the
foreign supplier within 3 years from the date of payment of duty on the importation thereof.
Provided that at the time of re-export, the goods are identified to the satisfaction of the Assistant
Commissioner of Customs or Deputy Commissioner of Customs as the goods which were imported.
4. where the total exports of a sector or product group during the year 2007-08 has declined by more
than 5% as compared to the year 2006-07, the average export obligation of the licencee for 2007-08 may be
reduced proportionate to the reduction in exports of that particular sector /product group during 2007-08 as
against 2006-07.
TABLE
_____________________________________________________________________________________________
S.No. Description of goods
1 2
1. Capital goods.
2. Capital goods in SKD/CKD condition to be assembled into capital goods by the importer.
3. Components of capital goods required for assembly or manufacture of capital goods by the importer.
4. Spare parts not exceeding 20% of the value of goods specified at serial Nos. 1, 2 and 3 as actually
imported and required for maintenance of capital goods so imported, assembled, or manufactured.
5. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
(1) "Capital Goods" means any plant, machinery, equipment and accessories required for—
(a) manufacture or production of other goods, including packaging machinery and equipments,
refractories, refrigeration equipment, power generating sets, machine tools, catalysts for initial charge, and
equipment and instruments for testing, research and development, quality and pollution control;
(b) use in manufacturing, mining, agriculture, marine, aquaculture, animal husbandry, floriculture,
horticulture, pisciculture, poultry, viticulture and sericulture;
(c) rendering services;
GENERAL EXEMPTION NO. 41 1096
(2) "Export and Import Policy" means the Export and Import Policy 1997-2002 published vide notification
of the Government of India in the Ministry of Commerce, No.1 (RE-99)/1997-2002, dated the 31st march,
2000.
(3) "Licensing Authority" means the Director General of Foreign Trade appointed under section 6 of
the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised by him to
grant a licence under the said Act;
(iv) shall be, over and above, the average level of exports achieved by the licencee in the preceding three
licencing years for same and similar products
(5) "Net foreign exchange", in relation to importers other than those rendering services, means FOB
value of products exported in discharge of obligation in terms of this notification minus CIF value of inputs
used in manufacture thereof where such inputs have been,
(a) imported by the importer directly against a licence; or
(b) procured indigenously, for which the importer claims replenishment under the Duty Exemption
Scheme as contained in Chapter 7 of the Export and Import Policy, and the said foreign exchange is earned
in freely convertible currency.
GENERAL EXEMPTION NO. 42 1097
Concessional Customs duty of 10% on capital goods, components & spares thereof imported
under EPCG scheme - EXIM Policy 1997-2002.
[Notfn. No. 28/97-Cus. dt. 1.4.1997 as amended by Notfn. No. 8/98, 33/98, 42/98, 56/99, 52/00, 49/
02,113/02,14/03, 44/03, 29/04, 46/13, 26/17].
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52
of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods as specified in the Table annexed hereto from so much of the duty of Customs leviable
thereon which is specified in the First Schedule to the Customs Tariff Act, 1975(51 of 1975) as is in excess
of the amount calculated at the rate of 10% advalorem and from whole of the additional duty leviable
thereon under sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff Act, subject to the following
conditions, namely:-
(1) The goods imported are covered by a valid licence issued under the Export Promotion Capital
Goods (E.P.C.G.) Scheme in terms of Export and Import Policy (hereinafter referred to as the said
policy) permitting import on payment of duty of Customs at the rate of 10% and the said licence is
produced for debit by the proper officer of the customs at the time of clearance:
Provided that for the import of spare parts, the validity period of the licence shall be
deemed to be the period permitted for fulfillment of the export obligation in full.
(2) The importer executes a bond in such form and for such sum and with such surety or security as
may be specified by the Assistant Commissioner of Customs binding himself to fulfil export
obligation equivalent to four times the CIF value of the goods imported or for such higher sum
as may be fixed by the Licensing Authority within a period of five years from the date of issue of
the said licence in the following proportions:-
__________________________________________________________________________________________
S.No. Period from the date of Proportion of total export
issue of licence obligation
_______________________________________________________________________________________
1. Ist year Nil
2. 2nd year 10%
3. 3rd year 20%
4. 4th year 30%
5. 5th year 40%
_______________________________________________________________________________________
Provided that where a sick unit notified by the Board for Industrial and Financial
Reconstruction is subsequently taken over by another unit for revival, the export obligation may be
fulfilled within a period of 12 years from the date of issue of said license;
Provided further that export obligation of a particular year may be set off by the excess
exports made in the preceding years.
(3) The importer produces within thirty days of the expiry of each year from the date of issue of
licence from 2nd year or within such extended period as the Assistant Commissioner of
Customs or Deputy Commissioner of Customs may allow, evidence to the satisfaction of the Assistant
GENERAL EXEMPTION NO. 42 1098
(4) The importer shall, if he fails to discharge a minimum of 25% of the export obligation prescribed for
any particular year, for three consecutive years, be liable to pay forthwith the whole of the duty of
customs leviable on the goods imported but for the exemption contained in this notification together
with interest at the rate of 15% per annum from the date of clearance of the goods. (As per Sec.
120(1) of Finance Bill 2003 the rate of 15% is applicable w.e.f. 1.4.1997).
(5) The capital goods imported, assembled or manufactured are installed in the importer’s factory
and a certificate from the Assistant Commissioner of Customs or Deputy Commissioner of Customs
having jurisdiction over the importer's factory or premise or independent Chartered Engineer, as
the case may be, is produced confirming installation and use of capital goods in importer's factory
or premises, within six months from the date of completion of imports or within such extended
period as the said Assistant Commissioner of Customs or Deputy Commissioner of Customs
referred to in condition (2) above may allow:
Provided that in case of -
(i) Manufacturer exporter and merchant exporter having supporting manufacturer
(s)/vendor(s),
(ii) import of irrigation equipment for use in contract farming for export of
agriculture products, and
(iii) importer rendering services,
the capital goods may be installed at the factory/premises of such other person whose name
and address are endorsed on the licence referred to in condition (1) and where the bond for
full difference of duty, if necessary, in terms of condition (2) with a Bank Guarantee is
executed by the importer and such other person binding themselves jointly and severally to
fulfil the export obligation and all other conditions of this notification and to pay duty with
interest in case of default;
Provided further that in case of importers rendering services not required to be registered
with Central Excise authorities, a certificate from independant Chartered Engineer confirming
the installation and use of capital goods in the importer’s premises may be produced.
(6) Notwithstanding anything contained in conditions (3) and (4), where the Licensing Authority grants
an extention of yearwise period for any year(s) or overall period of fulfilment of export obligation
upto a period of two years or regularisation of shortfall, in export obligation not exceeding 5% of
such export obligation, the said yearwise period or overall period of export obligation may be
extended and the said shortfall in export obligation be condoned by the Assistant Commissioner of
Customs or Deputy Commission of Customs.
GENERAL EXEMPTION NO. 42 1099
Provided that in respect of licence holder units affected by the earthquake in the State of
Gujarat in the month of January 2001, the Licensing Authority may grant extension in the overall
period of export obligation up to one more year:
Provided further that in case of a license holder unit referred to in the first proviso, having
overall export obligation period of 13 years and in case of other licence having export obligation
period of 12 years, extension of overall period of export obligation shall not be allowed.
2. Where the goods are found defective or unfit for use, the said goods may be re-exported back
to the foreign supplier within 3 years from the date of payment of duty on the importation thereof.
Provided that at the time of re-export, the goods are identified to the satisfaction of the Assistant
Commissioner of Customs or Deputy Commissioner of Customs as the goods which were imported.
3. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
TABLE
_____________________________________________________________________________________________________
S.No. Description of goods
__________________________________________________________________________________________
(1) (2)
___________________________________________________________________________________________
1. Capital goods.
2. Capital goods in SKD/CKD condition to be assembled into capital goods by the importer.
3. Components of capital goods required for assembly or manufacture of capital goods by the
importer.
4. Spare parts not exceeding 20% of the value of goods specified at serial Nos. 1,2 and 3
actually imported and required for maintenance of the capital goods so imported, assembled,
or manufactured.
___________________________________________________________________________________________
Explanation.- In this notification,-
(i) “Capital goods” means any plant, machinery, equipment and accessories required for-
(a) manufacture or production of other goods, including packaging machinery and
equipments, refractories, refrigeration equipment, power generating sets, machine
tools, catalysts for initial charge, and equipment and instruments for testing,
research and development, quality and pollution control;
(b) use in manufacturing, mining, agriculture, aquaculture, animal husbandry,
floriculture, horticulture, pisciculture, poultry viticulture and sericulture;
(c) rendering services ;
(ii) “Export and Import Policy” means the Export and Import Policy, April, 1997- March,
2002 published vide notification of the Government of India in the Ministry of
Commerce No. 1/1997-2002, dated the 31st March, 1997.
GENERAL EXEMPTION NO. 42 1100
(iii) “Licensing Authority” means the Director General, Foreign Trade appointed under section
6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer
authorised by him to grant a licence under the said Act;
(a) in relation to importers other than those rendering services, means export to a place
out side India of products manufactured with the use of capital goods imported,
assembled or manufactured in terms of this notification or making of supplies of such
products in terms of clauses (a), (b), (d), (f) and (g) of paragraph 10.2 of the Export
and Import Policy.
(b) in relation to importers rendering services, means receiving payments in freely
convertible foreign currency for services rendered through the use of such capital
goods; and
(c) means, export of goods in terms of the notification of the Government of India in the
Ministry of Commerce and Industry (Department of Commerce) No.28(RE-2003)/
2002-2007, dated the 28th January, 2004.
GENERAL EXEMPTION NO. 43 1101
Nil Customs duty & 10% additional duty on Capital goods, components and spares thereof etc.
imported under EPCG scheme - EXIM Policy 1997-2002.
[Notfn. No. 29/97-Cus. dt.1.4.1997 as amended by 71/97, 89/97, 9/98, 33/98, 42/98, 60/98, 62/98, 66/98, 74/
98, 31/99, 56/99, 80/99, 92/99, 122/99, 20/00, 52/00, 58/01, 49/02, 113/02, 116/02, 44/03, 29/04, 65/04,
46/13, 26/17].
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods specified in the Table annexed hereto from whole of the duty of customs leviable thereon
which is specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) and from so much
of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3 of the said Customs
Tariff Act, as is in excess of the amount calculated at the rate of 10% of the value of goods:
2. The exemption contained in paragraph 1 shall be subject to the following conditions, namely:-
(1) The goods imported are covered by a valid licence issued under the Export Promotion
Capital Goods (E.P.C.G.) Scheme in terms of Export and Import Policy permitting import
of goods free of duty and the said licence is produced for debit by the proper officer of the
customs at the time of clearance:
Provided that for the import of spare parts, the validity period of the licence shall be deemed
to be the period permitted for fulfillment of the export obligation in full.
(2) The importer executes a bond in such form and for such sum and with such surety or security
as may be specified by the Assistant Commissioner of Customs or Deputy Commissioner of
Customs binding himself to fulfil export obligation equivalent to six times the CIF value
of the goods imported on FOB basis, or five times of the CIF value on Net Foreign
Exchange basis as specified in the licence, or for such higher amount as may be fixed by
the Licensing Authority or for such amount as may be fixed by the Licensing Authority in terms
of clause (i) of Paragraph 5.4 of the Export and Import Policy, 2002-2007, within a period of
eight years from the date of issue of licence in the following proportions:-
___________________________________________________________________________________
S.No. Period from the date of issue of licence Proportion of total export obligation
___________________________________________________________________________________
1 2 3
_________________________________________________________________________________
1. Block of 1st and 2nd year NIL
2. Block of 3rd and 4th year 15%
GENERAL EXEMPTION NO. 43 1102
Provided also that export obligation of a particular block may be set off by the excess
export made in the said preceding block(s).
Provided also that in case of a licence of CIF value of Rupees one crore or more but less
than twenty crores, where the licence is issued,-
(a) with an obligation to export products of electronics, food processing, garments, leather,
sport goods, gem and jewellery, agriculture, animal husbandry, floriculture, horticulture,
pisciculture, viticulture, poultry, sericulture, bio-tech, engineering, textile and chemicals sectors,
or
Provided also that in case of licence of CIF value of Rs. Ten lakhs or more but less than twenty
crores, where the licence is issued with an obligation to export products of software sector, the
export obligation shall be required to be discharged in six years from the date of issued of licence
and the proportion of total export obligation for the block of 1st and 2nd year, 3rd and 4th year and
5th and 6th year respectively be 15% , 35% and 50%;
3. The importer produces within 30 days from the expiry of each block of two years from the date
of issue of licence or within such extended period as the Assistant Commissioner of Customs may allow,
evidence to the satisfaction of the Assistant Commissioner of Customs showing the extent of export
obligation fulfilled, and where the export obligation of any particular block of two years is not fulfilled
in terms of the preceding condition, the importer shall within three months from the expiry of the said block
GENERAL EXEMPTION NO. 43 1103
pay duties of customs of an equal amount equal to that portion of duties leviable on the goods but for the
exemption contained herein which bears the same proportion as the unfulfilled portion of the export obligation
bears to the total export obligation together with interest at the rate of 15% per annum from the date of
clearance of the goods.
4. The importer shall, if he fails to discharge a minimum of 25% of the export obligation prescribed for
any particular block of two years, for two consecutive blocks, be liable to pay forthwith the whole of the duty
of customs leviable on the goods imported but for the exemption contained in this notification together with
interest at the rate of 15% per annum from the date of clearance of the goods.
5. The importer shall, if he fails to import goods, including the spares permitted for import during the
entire period of export obligation, for a minimum value of twenty crores of rupees within two years from
the date of issue of the licence or within such extended period as the licensing authority may allow, be liable
to pay forthwith the whole of the duties of customs leviable on the goods imported but for exemption
contained in this notification together with interest at the rate of 24% per annum from the date of clearance
of the goods;
(a) with an obligation to export products of electronics, food processing, garments, leather,
sport goods, gem and jewellary, agriculture, animal husbandry, floriculture, horticulture, pisciculture,
viticulture, poultry, sericulture, bio-tech, engineering textile and chemical sectors, or
(b) to tourism industry for rendering services,
the minimum value together with the value of the spares specified in the Table annexed hereto shall be rupees
one Crore;
Provided further that in case of licences issued with an obligation to export products of software
sector, the minimum value together with the value of the spares specified in the Table annexed hereto shall
be rupees Ten lakhs.
Provided also that the aforesaid conditions of minimum value of import which is rupees twenty crores,
or rupees one crore, or rupees ten lakhs, as the case may be, shall be deemed to have been complied with where
the shortfall in import is within 10% of the limits so prescribed.
6. The capital goods imported, assembled or manufactured are installed in the importer’s factory and
a certificate from the Assistant Commissioner of Customs or Deputy Commissioner of Customs having
jurisdiction over the importer's factory or premise or independent Chartered Engineer, as the case may be, is
produced confirming installation and use of capital goods in importer's factory or premises, within six months
from the date of completion of imports or within such extended period as the said Assistant Commissioner of
Customs or Deputy Commissioner of Customs referred to in condition (2) above may allow:
the capital goods may be installed at the factory/premises of such other persons whose name and
address are endorsed on the licence referred to in condition (1) and where the bond for full difference of duty,
if necessary, in terms of condition (2) with a Bank Guarantee is executed by the importer and such other
person binding themselves jointly and severally to fulfil the export obligation and all other conditions of this
notification and to pay duty with interest in case of default.
7. Notwithstanding anything contained in conditions (3) and (4), where the Licensing Authority grants
extention of blockwise period for any block(s) or overall period of fulfilment of export obligation upto a
period of two years or regularisation of shortfall in export obligation not exceeding 5% of such export
obligation, the said blockwise period or overall period of export obligation may be extended and the said
shortfall in export obligation be condoned by the Assistant Commissioner of Customs or Deputy Commissioner
of Customs.
Provided that in respect of licence holder units affected by the earthquake in the State of Gujarat in
the month of January 2001, the Licensing Authority may grant extension in the overall period of export
obligation up to one more year:
Provided further that in case of a license holder unit referred to in the first proviso, having overall
export obligation period of 13 years and in case of other licence having export obligation period of 12 years,
extension of overall period of export obligation shall not be allowed.
8. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
TABLE
_____________________________________________________________________________________________________
S.No. Description of goods
__________________________________________________________________________________________
1 2
___________________________________________________________________________________________
1. Capital goods.
2. Capital goods in SKD/CKD condition to be assembled into capital goods by the importer.
3. Components of capital goods required for assembly or manufacture of capital goods by the
importer.
4. Spare parts not exceeding 20% of the value of goods specified at serial Nos. 1,2 and 3
actually imported and required for maintenance of the capital goods so imported, assembled,
or manufactured.
___________________________________________________________________________________________
Explanation. - In this notification,-
(1) “Capital goods” means any plant, machinery, equipment and accessories required for -
(a) manufacture or production of other goods, including packaging machinery and
equipments, refractories, refrigeration equipment, power generating sets, machine
tools, catalysts for initial charge, and equipment and instruments for testing,
research and development, quality and pollution control;
(b) use in manufacturing, mining, agriculture, marine aquaculture, animal husbandry,
floriculture, horticulture, pisciculture, poultry, viticulture and sericulture;
GENERAL EXEMPTION NO. 43 1105
(c) in the case of hotel industry, plant, machinery, equipment and accessories required
for rendering services, specified in the Annexure I.
(d) in the case of marine products, plant, machinery, equipment and accessories, specified
in Annexure II;
(e) manufacture of textile products, which are specified in Annexure III, and
(f) manufacture of chemical products, namely dye and dye intermediates and drug and
drug intermediates, which are specified in Annexure IV;
(2) “Export and Import Policy” means the Export and Import Policy April, 1997 - March 2002
published vide notification of the Government of India in the Ministry of Commerce, No.
1/1997-2002 dated the 31st March 1997
(3) “Licensing Authority” means the Director General, Foreign Trade appointed under section
6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer
authorised by him to grant a licence under the said Act;
(4) “export obligation” (i) in relation to importers other than hotel industry and tourism industry,
rendering services, means export to a place outside India of products manufactured with
the use of capital goods imported, assembled or manufactured in terms of this notification
or making of supplies of such products in terms of clauses (a), (b), (d), (f) and (g) of
paragraph10.2 of the Export and Import Policy; and
(ii) in relation to hotel industry and tourism industry, rendering services, means receiving
payments in freely convertible foreign currency for services rendered through the
use of such capital goods;
(iii) means, export of goods in terms of the notification of the Government of India in
the Ministry of Commerce and Industry (Department of Commerce) No. 28 (RE-
2003)-2002-2007 dt.28th January, 2004.
(5) “Net foreign exchange” in relation to importers other than hotel and tourisum industry,
means FOB value of products exported in discharge of obligation in terms of this notification
minus CIF value of inputs used in manufacture thereof where such inputs have been -
(a) imported by the importer directly against a licence or
(b) procured indigenously, for which the importer claims replenishment under the
Duty Exemption Scheme as contained in Chapter 7 of the Export and Import
Policy.
(7) Tourism industry" means, hotels, travel agents, tour operators or tourist transport operators
who are certified as Export House or Trading House or Star Trading House or Super Star Trading House in
terms of notification of the Government of India in the Ministry of Commerce, No. 33 (RE-98) 1997-2002
dated the 26th November, 1998;
ANNEXURE - I
1. Cooking Range/Chinese Cooking Range/Griddle Sets (with accessories)
(a) Gas
(b) Electric
(c) Oil Fired
(d) Microwave
2. Steam Kettle/ Boiling Kettles, Pans, Tilting Frying Pans/Boiling Pan
(a) Oil Fired
(b) Microwave
(c) Gas
3. Plate and Cup Lowerator/Warmers/Chafing Dishes with/without Fuel Holders
4. Food Regenerating Equipment
5. Salamanders/Broilers/Grillers/Char Broiler
6. Ovens-Baking/Bakery/Pizza/Convection/Rotary/Rotating/Microwave/Gas/Deck/Under Counter/
Proofing Cabinet/Chambers/Convotherm/Steaming steamer and Overn Combiation - With/Without
Trolley.
7. Deep Fat Fryers:
(a) Gas
(b) Electric
(c) Microwave
(d) Oil Fired
8. Cooking/Steaming/Frying/Broiling/Boiling Machines/Pressure Cooker/Pressureless/Pressure
Steamer/Roasting Machines/Combisteamer:
(a) Gas
(b) Electric
(c) Microwave
(d) Oil Fired
9. Bain Maries/Food Pans:
(a) Gas
(b) Electric
(c) Steam Heated
(d) Microwave
10. Refrigerated Display Counters/Racks/Shelves/Cases/Confectionery Show cases/Cabinets/Carts/
Hot & Cold Cabinets/Wine Cabinets.
(a) All Types (with/without Rotary Motor)
(b) Sandwich Unit
11. Almond Crushing/Pastry Machines
12. Coffee Machines/Makers with Blenders/Grinders/Espressor
13. Chocolate Melting Machines.
(a) Shaving Machines
(b) Coating Machines
GENERAL EXEMPTION NO. 43 1107
32. Synthesizer/Equalizer
G. Equipment for Recreational Facilities
1. Bowling Alleys with Accessories including Electronic Scoreboard
2. All Weather Domes for Tennis Courts including HVAC Equipments
3. Prefabricated Glass Walled Squash Courts
4. Billiard and Snooker Tables with Accessories
5. (a) Water Slides
(b) Pneumatic Chutes.
(c) Roller Coasters
(d) Carousels
6. Synthetic Surfaces for Tennis Courts/Indoor Court
7. Squash Rackets and Balls
8. Archery Equipment
9. Electronic Amusement Machines, Slot/Coin Operated/Dispensing Machine
10. Cable Car, Ropeway, Cables
11. Equipment for Skeet and Trap Shooting
12. Tents/Camping Equipments
13. A.C.Coaches/Safari Coaches
14. Motor Cars/Sports Utility Vehicles/All Purpose utility Vehicles
15. Hovercrafts
16. Swimming Pool Equipment filters, Pool Clearing Equipment
H. Adventure Sports Equipments
1. Beach Buggies/Snow Mobiles/Sand and Dune Boggies
2. (a) Speedboats
(b) Catamarans
(c) Rafts of All Kinds
3. (a) Water Scooters
(b) Jet Skis
4. Water Skin and Surfing equipment including Surf Boards, Water skis knee Boards
5. Canoes and Kayaks
6. Deep-Sea fishing equipment
7. Equipment for Snokelling and Scuba Diving
8. (a) Wind Surfing Equipment
(b) Hang Gliding and Para Sailing Equipment
(c) Boats for Parashiling with windies
9. Sonar Device for loating Fish, Depth Finders
10. Underwater Sports and Diving Equipment
11. Hot Air Balloons and Ballooning Equipment
12. Ice Skiing Equipment
13. High Gear Mountain Bikes
14. Mountaineering Equipment
15. Engines for all Types of Boats, Jet Skis’ Water Carts, Water Scooters and Catamarans.
16. Flying inflatable Boats.
17. Presenter Easel/Marathon Easel/Flip Chart Organizer/Telescoping Pointer with Accessory Kit/Carry
Case
GENERAL EXEMPTION NO. 43 1114
ANNEXURE II
20. Auto flame controlled, width controlled singeing machine for flat and knitted fabrics
21. Solvent scouring machine
IV. Machinery for spinning composite weaving and knitting sectors
1. Auto control type humidification plant
2. Circular Knitting Machine
3. Computerised Flatbed Knitting machine
Concessional rate of duty of 15% for imports of Capital goods, components and spares under EPCG
scheme - EXIM Policy 1997-2002.
[Notfn. No.110/95-Cus. dt. 5.6.1995 as amended by Notfn. No. 132/95, 146/95, 154/95, 31/96, 69/96, 95/
96, 8/98, 42/98, 75/98,56/99, 113/02, 46/13, 26/17].
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods as specified in the Table annexed hereto from so much duty of customs leviable thereon
which is specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) as is in excess of the
amount calculated at the rate of 15% ad valorem and whole of the additional duty leviable thereon under
sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff Act, subject to the following conditions,
namely:-
(1) The goods imported are covered by a valid licence issued on or after 1st May, 1995 under the
Export Promotion Capital Goods (E.P.C.G.) Scheme in terms of Export and Import policy
(hereinafter referred to as the said Policy) permitting import on payment of duty of customs at the rate
of 15% and the said licence is produced for debit by the proper officer of the customs at the time of
clearance;
Provided that for the import of spare parts, the validity period of the licence shall be deemed
to be the period permitted for fulfilment of the export obligation in full
(2) Omitted
(3) The importer executes a bond in such form and for such sum and with such surety or security as may
be specified by the Assistant commissioner of Customs or Deputy Commissioner of Customs binding
himself to fulfil export obligation equivalent to four times the CIF value of the goods imported,
or for such higher sum as may be fixed by the Licensing Authority, within a period of five years from
the date of issue of the said licence in the following proportions:-
_________________________________________________________________________________________________
S.No. Period from the date Proportion of total export
of issue of licence obligation
_______________________________________________________________________________________________________
1. 1st year NIL
2. 2nd year 10%
3. 3rd year 20%
4. 4th year 30%
5. 5th year 40%
________________________________________________________________________________________________________
Provided that export obligation of a particular year may be set off by the excess exports made in the
preceding years.
(4) The importer produces within thirty days of the expiry of each year from the date of issue of licence
GENERAL EXEMPTION NO. 44 1120
from 2nd year or within such extended period as the 2[Assistant Commissioner of Customs or Deputy
Commissiner of Customs] may allow, evidence to the satisfaction of the 3[Assistant Commissioner
of Customs or Deputy Commissioner of Customs] showing the extent of export obligation fulfilled, and
where export obligation of any particular year is not fulfilled in terms of the preceding condition, the
importer shall within three months from the expiry of the said year pay an amount equal to that portion
of the duty leviable on the goods but for the exemption contained herein which bears the same
proportion as the unfulfilled portion of the export obligation bears to the total export obligation
together with interest at the rate of 15% per annum from the date of clearance of the goods.(As per
sec. 120(1) of Finance Bill 2003 the rate of 15% is w.e.f. 19.9.1995).
(5) The importer shall, if he fails to discharge a minimum of 25% of the export obligation prescribed for
any particular year, for three consecutive years, be liable to pay forthwith the whole of the duty of
customs leviable on the goods imported but for the exemption contained in this notification together with
interest at the rate of 15% per annum from the date of clearance of the goods.(As per sec. 120(1)
of Finance Bill 2003 the rate of 15% is w.e.f. 19.9.1995).
(6) The capital goods imported, assembled or manufactured are installed in the importer's factory or
premises and a certificate from the Assistant Commissioner of Customs or Deputy Commissioner of
Customs having jurisdiction over the importer's factory or premises or independent Chartered
Engineer, as the case may be, is produced confirming installation and use of capital goods in importer's
factory or premises, within six months from the date of completion of imports or within such extended
period as the said Assistant Commissioner of Customs or Deputy Commissioner of Customs referred
to in condition (3) above, may allow.
Provided that the capital goods may be installed in the factory of another manufacturer whose
name and address are endorsed on the licence referred to in condition (1) where the bond for the full
difference of duty in terms of condition (3), with a Bank Guarantee is executed by the importer and
such manufacturer binding themselves jointly and severally to fulfil the export obligations and all
other conditions of this notification and to pay duty with interest in case of default.
(7) Notwithstanding anything contained in conditions (3) And (4), where the Licensing Authority grants
an extention of yearwise period or overall period of fulfilment of export obligation or regularisation
of shortfall, in export obligation not exceeding 5% of such export obligation, the said yearwise period
or overall period of export obligation may be extended and the said shortfall in export obligation be
condoned by the Assistant Commissioner of Customs:
Provided that extension of yearwise period of export obligation shall not be allowed more
than once and more than a period of one year within a period of five years.
Provided further that where the Licensing Authority grants further extension of the period
for fulfilment of export obligation beyond the period as specified in this condition, then, subject to
the satisfaction of such conditions as may be specified in a Public Notice of the Government of India
in the Ministry of Commerce and Inustry in this regard, such export obligation may be extended, but
shall in no case be extended beyond the 31st day of March, 2004. (As per sec. 120(1) of Finance Bill
2003 this proviso is applicable w.e.f. 30.4.2000).
2. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
GENERAL EXEMPTION NO. 44 1121
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
TABLE
________________________________________________________________________________________________________
S.No. Description of goods
_________________________________________________________________________________________________________
1 2
_____________________________________________________________________________________________________
1. Capital goods
2. Capital Goods in SKD/CKD condition to be assembled into capital goods by the importer.
3. Components of capital goods required for assembly or manufacture of capital goods by the
importer.
4. Spare parts not exceeding 10% of the value of goods specified at serial Nos. 1, 2 and 3 actually
imported and required for maintenance of the capital goods so imported, assembled, or
manufactured.
______________________________________________________________________________________________________
(a) manufacture or production of other goods, including packaging machinery and equipments
refractories, refrigeration equipment, power generating sets, machine tools, catalysts for
initial charge, and equipment and instruments for testing, research and development, quality
and pollution control;
(b) use in manufacturing, mining, agriculture, aquaculture, animal husbandry, floriculture,
horticulture, pisciculture, poultry and sericulture;
(c) rendering services;
(ii) "Export and Import Policy" means the Export and Import Policy 1 April 1992 - 31 March 1997
(Revised edition : March 1995) published vide notification of the Government of India in the
Ministry of Commerce No.1 (RE-95)/92-97 dated the 31st March, 1995;
(iii) "Licensing Authority" means the Director General, Foreign Trade appointed under section
6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer
authorised by him to grant a licence under the said Act;
(iv) Omitted
(v) "export obligation", in relation to importers other than those rendering service means export
to a place outside India of products manufactured with the use of capital goods imported,
assembled or manufactured in terms of this notification;brackets, letters and figures in terms
of this notification, for making of supplies of such products in terms of clauses (a), (b), (c),
(e) (f) and (i) of para 121 of the Export and Import Policy and para 10.2 (g) of the Export and
Import Policy 1997-2002 corrected upto 13th April, 1998 shall be substituted and, in relation
to importers rendering services, means receiving payments in freely convertible foreign
currency for services rendered through the use of such capital goods.
GENERAL EXEMPTION NO. 45 1122
Nil Customs duty & 10% additional duty on Captial goods, components & spares imported
against an EPCG Licence - EXIM Policy 1992-97.
[Notfn. No. 111/95-Cus. dt. 5.6.1995 as amended by Notfn. No. 145/95, 154/95, 32/96, 70/96, 96/96,70/
97, 88/97, 18/98, 42/98, 75/98, 56/99, 49/02, 113/02,116/02, 44/03 , 29/04, 65/04, 46/13, 26/17].
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods specfified in the Table annexed hereto from whole of the duty of customs leviable thereon
which is specified in the First Shcedule to the Customs Tariff Act, 1975 (51 of 1975) and so much of the
additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff
Act, as is in excess of the amount calculated at the rate of 10% of the value of goods:
Provided that where the said goods are required for the manufacture of leather garments, textile
garments (including knitwears), agro products and products of horticulture and floriculture and
poultry such goods shall be exempt from the whole of the additional duty leviable thereon under section
3 of the said Customs Tariff Act.
2. The exemption contained in paragraph 1 shall be subject to the following conditions, namely:-
(1) The goods imported are covered by a valid licence under the Export Promotion Captial Goods
(E.P.C.G.) Scheme in terms of Export and Import Policy (hereinafter referred to as the said Policy)
permitting import of goods free of duty and the said licence is produced for debit by the proper officer
of the customs at the time of clearance;
Provided that for the import of spare parts, the validity period of the licence shall be deemed
to be the period permitted for fulfilment of the export obligation in full:
(2) Omitted
(3) The importer executes a bond in such form and for such sum and with such surety or security as may
be specified by the [Assistant Commissioner of Customs or Deputy Commissioner of Customs]
binding himself to fulfil export obligation equivalent to six times the CIF value of the goods
imported on FOB basis, or four times of the CIF value on Net foreign Exchange basis as specified
in the licence, or for such higher amount as may be fixed by the Licensing Authority or for such amount
as may be fixed by the Licensing Authority in terms of clause (i) of Paragraph 5.4 of the Export and Import
Policy, 2002-2007, within a period of eight years in the following proportions :-
________________________________________________________________________________________
S.No. Period from the date Proportion of total
of issue of licence export obligation
________________________________________________________________________________________
1 2 3
________________________________________________________________________________________
1. Block of 1st and 2nd year NIL
2. Block of 3rd and 4th year 15%
3. Block of 5th and 6th year 35%
4. Block of 7th and 8th year 50%
_______________________________________________________________________________________
GENERAL EXEMPTION NO. 45 1123
Provided that where the CIF value of licence is not less than Rs.100 crores, the export obligation
shall be fulfilled within a period of 12 years from the date of issue of licence in the following proportions,
namely:-
_______________________________________________________________________________________
S.No. Period from the date of issue of Licence Proportion of Total Export Obligation
_______________________________________________________________________________________
1 2 3
_______________________________________________________________________________________
1. Block of 1st, 2nd, 3rd, 4th and 5th Year Nil
2. Block of 6th, 7th and 8th Year 15%
3. Block of 9th and 10th Year 35%
4. Block of 11th and 12th Year 50%
_______________________________________________________________________________________
Provided further that where a sick unit notified by the Board for Industrial and Financial
Reconstruction (BIFR) is subsequently taken over by another unit for revival the export obligation may be
fulfilled within a period of 12 years from the date of issue of license.
Provided also that export obligation of a particular block may be set off by the excess exports made
in the said preceeding block(s).
(4) The importer produces within 30 days from the expiry of each block of two years from the date of issue
of licence from the second block or within such extended period as the [Assistant Commissioner of
Customs or Deputy Commissioner of Customs] may allow, evidence to the satisfaction of the
[Assistant Commissioner of Customs or Deputy Commissioner of Customs] showing the extent of
export obligation fulfilled, and where the export obligation of any particular block of two years is not
fulfilled in terms of the preceding condition, the importer shall within three months from the expiry
of the said block pay duties of customs of an amount equal to that portion of duties leviable on the
goods but for the exemption contained herein which bears the same proportion as the unfulfilled
portion of the export obligation bears to the total export obligation together with interest at the rate
of 15% per annum from the date of clearance of the goods.
(5) The importer, shall, if he fails to discharge a minimum of 25% of the export obligation prescribed for
any particular block of two years for two consecutive blocks, be liable to pay forthwith, the whole of
the duties of customs leviable on the goods imported but for the exemption contained in this
notification together with interest at the rate of 15% per annum from the date of clearance of the goods.
(6) The importer shall, if he fails to import goods for a minimum value of twenty crores of rupees within
the validity period of the import licence, be liable to pay forthwith the whole of the duties of customs
leviable on the goods imported but for exemption contained in this notification together with interest
at the rate of 24% per annum from the date of clearance of the goods.
(7) The capital goods imported, assembled or manufactured are installed in the importer's factory or
premises and a certificate from the Assistant Commissioner of Customs or Deputy Commissioner of
Customs having jurisdiction over the importer's factory or premises or independent Chartered
Engineer, as the case may be, is produced confirming installation and use of capital goods in importer's
GENERAL EXEMPTION NO. 45 1124
factory or premises, within six months from the date of completion of imports or within such extended
period as the said Assistant Commissioner of Customs or Deputy Commissioner of Customs referred
to in condition (3) above may allow.
(8) Notwithstanding anything contained in conditions (4) and (5), where the Licensing Authority grants
extention of blockwise period for any block(s) or overall period of fulfilment of export obligation upto
a period of two years or regularisation of shortfall in export obligation not exceeding 5% of such
export obligation, the said blockwise period or overall period of export obligation may be extended
and the said shortfall in export obligation be condoned by the Assistant Commissioner of Customs
or Deputy Commissioner of Customs;
Provided that in respect of licence holder units affected by the earthquake in the State of Gujarat in
the month of January 2001, the Licensing Authority may grant extension in the overall period of export
obligation up to one more year:
Provided further that in case of a license holder unit referred to in the first proviso, having overall export
obligation period of 13 years and in case of other licence having export obligation period of 12 years, extension
of overall period of export obligation shall not be allowed.
3. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
TABLE
___________________________________________________________________________________________________________
S.No. Description of goods
______________________________________________________________________________________________________
1 2
________________________________________________________________________________________________________
1. Capital goods.
2. Capital goods in SKD/CKD condition to be assembled into capital goods by the importer.
3. Components of capital goods required for assembly or manufacture of capital goods by the importer.
4. Spare parts not exceeding 20% of the value of goods specified at serial nos. 1,2 and 3 as actually
imported and required for maintenance of capital goods so imported, assembled or manufactured.
______________________________________________________________________________________________
(1) "Capital goods" means any plant, machinery, equipment and assessories required for -
(a) manufacture or production of other goods, including packaging machinery and
equipments, refractories, refrigeration equipment, power generating sets, machine
tools, catalysts for initial charge, and equipments and instruments for testing,
research and development, quality and pollution control
(b) use in manufacturing, mining, agriculture, aquaculture, animal husbandry, floriculture,
horticulture, pisciculture, poultry and sericulture;
(2) "Export and import Policy" means the Export and Import Policy 1 April, 1992 - 31 March,
1997 (Revised edition : March 1995) published vide notification of the Government of India
GENERAL EXEMPTION NO. 45 1125
(4) Omitted
(6) "Net foreign exchange" means FOB value of products exported in discharge of obligation in
terms of this notification minus CIF value of inputs used in manufacture thereof where such
inputs have been-
(a) imported by the importer directly;
(b) imported by another person and supplied to importer without undergoing any
process of manufacture;
(c) procured indigeneously, for which the importer claims replenishment under the Duty
Exemption Scheme as contained in chapter VI of the Export and Import Policy.
GENERAL EXEMPTION NO. 46 1126
Nil rate of Customs duty and Nil rate of additional duty for Components required for the manufacture
of capital goods when imported by a manufacturer of capital goods for supply to a person holding Zero
duty EPCG Licence.
[Notfn. No. 130/95-Cus. dt. 25.8.1995 as amended by 163/95, 46/13, 26/17].
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52
of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts components required for the manufacture of capital goods when imported into India by a
manufacturer of such capital goods for supply to a person holding a licence under the Export Promotion
Capital Goods ( E.P.C.G.) Scheme in terms of the Export and Import Policy for import of capital goods
at zero rate of duty in terms of notification of the Government of India in the Ministry of Finance, No. 111/
95-Customs, dated the 5th June, 1995 from whole of the duty of customs leviable thereon which is
specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), and the whole of the additional
duty leviable thereon under sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff Act, subject
to the following conditions, namely:-
(i) the components are imported under, and in accordance with, a licence (hereinafter referred to as the
said licence) granted by the Licensing Authority in terms of second sub-paragraph of paragraph 46
of the Export and Import Policy;
(ii) the said licence specifies, inter-alia,-
(a) the description, quantity and value of components to be imported under the said licence;
and
(b) the description, quantity and value of capital goods to be manufactured;
(iii) the importer complies with all the requirements specified in the Export and Import Policy, in respect
of the said licence;
(iv) the importer executes a bond, in such form and for such sum, as may be specified by the Assistant
Commissioner of Customs or Deputy Commissioner of Customs at the port of importation to the
effect that -
(1) the components shall be used for the purpose specified above and that the capital goods manufactured
by the importer shall be supplied to the person holding the licence under the Export Promotion Capital
Goods Scheme in terms of the Export and Import Policy for import of capital goods at zero rate of
duty in terms of the said Notification No.111/95-Customs, dated the 5th June, 1995;
Provided that where capital goods required to be manufactured and supplied in terms of the
said licence have already been supplied, the components may be used by the exporter for manufacture
of any other capital goods in his factory and evidence of receipt of such compnents in the factory and
its utilisation for the aforesaid purpose shall be produced to the satisfaction of the Assistant
Commissioner of Customs or Deputy Commissioner of Customs at the port of importation in lieu of
certificate envisaged in clause (3) hereunder;
(2) the account of the said components received and consumed in the factory of the importer for the
GENERAL EXEMPTION NO. 46 1127
(3) the importer shall produce a certificate issued by the Assistant Commissioner or Deputy
Commissioner of Customs in whose jurisdiction the unit receiving the capital goods is situated,
indicating the description and quantity of such capital goods supplied by the importer within a period
of three months or such extended period as the Assistant Commissioner of Customs or Deputy
Commissioner of Customs at the port of importation may allow; and
(4) the importer shall pay, on demand, in the event of his failure to comply with any of the above
conditions, the duty leviable on the components but for the exemption contained herein.
2. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
(1) “capital goods” means any plant, machinery, equipment and accessories required for -
(a) manufacture or production of other goods, including packaging machinery and
equipments, refractories, refrigeration equipment, power generating sets, machine
tools, catalysts for initial charge, and equipments and instruments for testing,
research and development, quality and pollution control,
(b) use in manufacturing, mining, agriculture, aquaculture, animal husbandry, floriculture,
horticulture, pisiculture, poultry and sericulture;
(2) “Export and Import Policy” means the Export and Import Policy 1 April, 1992- 31 March,
1997 (Revised edition : March 1995) published vide notification of the Government of India
in the Ministry of Commerce, No.1 (RE 95) 92-97 dated the 31st March, 1995;
(3) “Licensing Authority” means the Director General, Foreign Trade appointed under section
6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer
authorised by him to grant a licence under the said Act.
GENERAL EXEMPTION NO. 47 1128
15% Customs duty and Nil additional duty on Captial equipments and spare parts imported under
(EPCG) Scheme for Service Sector - EXIM Policy 1992 -97.
[Notfn. No. 122/93-Cus., dt. 14.5.1993 as amended by 108/94, 101/95, 108/95, 46/13, 26/17]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52
of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts capital equipments, and spare parts required for maintenance of such capital equipment not
exceeding 10% of the C.I.F. value of the capital equipments actually imported, when imported into India
by an importer undertaking an obligation to receive payments in freely convertible foreign currency
for services rendered through the use of such capital equipment, equivalent to four times the C.I.F.
value of the said capital equipments and spare parts over a period of five years, from so much of the
duty of customs leviable thereon which is specified in the First Schedule to the Customs Tariff Act, 1975
(51 of 1975) as is in excess of 15% ad valorem and whole of the additional duty leviable thereon under
sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff Act, subject to the following conditions,
namely:
(i) the capital equipments and spare parts imported are covered by a valid licence issued on
or before 30th April 1995 under the Export Promotion Capital Goods (E.P.C.G.) Scheme
for Service Sector in terms of the Export and Import Policy and the said licence is produced
for debit at the time of clearance;
(ii) the importer, at the time of clearance; before the Assistant Commissioner of Customs,
produces a certificate from the licensing authority for having executed a bond under
paragraph 45 of the Export and Import Policy; and
(iii) the importer at the time of clearance of the said capital equipments and spare parts makes
a declaration before the Assistant Commissioner of Customs, in such form as the said
Assistant Commissioner of Customs may specify, binding himself to pay on demand an
amount equal to the duty leviable on such capital equipments and spare parts, but for
the exemption contained herein, in respect of which the conditions for this notification have
not been complied with.
*(iv) where the licensing authority grants any extension of the period for fulfilment of export
obligation or regularisation of shortfall in export obligation not exceeding 5% of such export
obligation, in terms of, and subject to satisfaction of such conditions as may be specified in
Public Notice of the Government of India the Ministry of Commerce in this regard, the said
period of fulfilment of export obligation may be extended, but shall in no case be extended
beyond the 31st March, 2002, and the said short fall in export obligation condoned by the
Assistant Commissioner of Customs or the Deputy Commissioner of Customs, as the case
may be.
2. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
GENERAL EXEMPTION NO. 47 1129
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
Explanation - In this notification-
(i) “capital equipment” means the equipment as may be specified in a Public Notice issued
by the Director General of Foreign Trade in this behalf and required for rendering services
for which payment is received in freely convertible foreign currency;
“Provided that against licences issued on or after 31st March, 1994, the ‘capital
equipments’, in relation to an importer, being a hotel or a restaurant, means the
equipments for use in the hotel or the restaurant specified in the Table annexed hereto;”
(ii) “Export and Import Policy” means Export and Import Policy, 1 April 1992 - 31 March
1997 Published vide Public Notice of the Government of India in the Ministry of
Commerce No.1-ITC(PN) 982-97, dated the 31st March, 1992 as amended from time to
time; and
(iii) “licensing authority” means Director General of Foreign Trade, appointed under Foreign
Trade (Development and Regulation) Act, 1992 (22 of 1992) or an Officer authorised by
him to grant a licence.
TABLE
LIST OF CAPITAL EQUIPMENT FOR HOTELS AND RESTAURANTS
Pressure Steamers
- Gas
- Electric
9. Bain Maries/Food Pans
- Gas
- Electric
- Steam Heated
10. Refrigerated Display Counters/Racks/Shelves/Cases/Cabinets/Carts
- All types (with/without Rotatry Motor)
- Sandwich unit
11. Almond Crushing/pastry Machines
12. Coffee Machines/Makers with Blenders/Grinders/Espresso
13. Chocolate Melting Machines-
(a) Shaving Machine
(b) Coating Machines
(c) Holding Machines
(d) Tempering Machines
14. Dough Mixing & Dividing Machines
15. Ice cream making Machine/Hardening Cabinet
16. Infra Red Food Warmer/Roll Warmer
17. Juice extractors/Dispensers/Blenders/Mixers (Cream Air Whip)
18. Pancake/Waffle Iron Machines/Croissant Machine Pasta Machines
19. Sausage Machines
20. Trollies (All types)
21. Egg Boilers
22. Machines for Slicing/Cutting/Chopping/Mincing/Grinding and Buffalo Chopper
23. Can Openers (Mechanical)
24. Ice Cube/Crushing/Flaking machines/Dispensing Machine/Water & Ice Station
25. Prefabricated Walk-in cold rooms/Freezers with refrigerating equipment
26. Dispensers (hot/cold beverages)
27. Potato Peelers/Choppers
28. Hot Plates (Electrical)/Coffee Warmer
29. Toasters (Electrical) Pop-up/Rotary/Slot pop Down/Conveyor
30. Puree machines
31. Blast Freezers/Blast Chillers
32. Vacuum packing Machine
33. Oil Filtering Machine
34. Glass/Dishwashing/Pot-washing Machine with trollies
35. Kitchen/Bulkware Wash-up Equipment
36. Vegetable Preparation & Washing Machines
37. Burnishing Machines
38. Smoker/Smoking oven
39. Salad Dryer
40. Glass/Plate Dispenser
41. Waste Food Disposal Machine and Compactors
1. Hand Dryers
2. Vacuum Clearners/Papoosing Machine
3. Carpet Shampooing Machine/Drying Machines
4. Deodorising Carpet cleaning Machine
5. File Lifters
6. Floor Polishing Machine/Scrubbing Machine
7. Underwater Lighting Equipment
8. Pool Clearners (sumberged/non-submerged)
9. (a) Beach Cleaning Machines
(b) Automatic Lawn Mowers/Cutters
(c) Lawn Cleaning Equipment
10. Cigar Humider
11. Ultra High Pressure Waster with accessories for coil cleaning/Drain cleaning
12. Motorised Dust Pick-up Machines
13. (a) Drip Irrigating System
(b) Green House Equipment
14. Pre-Fabricated Steam and Shower Cubicles
15. Shoe shine Machine with Dispensers
16. Bath Tubs (Cast Iron/Acrylic/Porcelain)
1. Washing Machines
2. Dry Clearing Machines
3. Portable Weighing Trolleys for Washing Machines
4. Steam Boilers
GENERAL EXEMPTION NO. 47 1132
*inserted (w.e.f. 14.5.1993) by serial No.4 of the Eighth Schedule read with section 115 of the Finance Act,
2001.
GENERAL EXEMPTION NO. 48 1135
15% or 25% Customs duty & Nil additional duty on Capital Goods when imported by an importer
under the (EPCG) scheme - EXIM Policy 1992-97.
[Notfn. No. 160/92-Cus., dt. 20.4.1992 as amended by 306/92,124/93, 101/95, 108/95, 46/13, 26/17]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts capital goods, when imported into India by an importer specified in column (2) of the Table hereto
annexed from so much of the duty of customs leviable thereon which is specified in the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975) as is in excess of the amount calculated at the rate specified in
the corresponding entry in column (3) of the said Table and the whole of the additional duty leviable
thereon under sub-section (1), (3) and (5) of section 3 of the said Customs Tariff Act, subject to the following
conditions, namely:-
(i) the capital goods imported are covered by a valid licence issued on or before 30th April, 1995 under
the Export Promotion Capital Goods (EPCG) Scheme in terms of the Export and Import Policy
(hereinafter referred to as the Policy) and the said licence is produced for debit at the time of
clearance.
(ii) the importer, at the time of clearance, shall produce to the Assistant Commissioner of Customs or or
Deputy Commissioner of Customs a certificate from the licensing authority for having executed a
bond under paragraph 45 of the Policy and
(iii) the importer at the time of clearance of the said capital goods shall make a declaration before the
Assistant Commissioner of Customs, in such form as he may specify, binding himself to pay on
demand an amount equal to the duty leviable on such capital goods but for the exemption contained
herein in respect of which the conditions specified in column (2) of the Table have not been complied
with.
*(iv) where the licensing authority grants and extension of the period for fulfilment of export obligation
or regularisation of shortfall in export obligation not exceeding 5% of such export obligation, in
terms of, and subject to satisfaction of such conditions as may be specified in Public Notice of the
Government of India in the Ministry of Commerce in this regard, the said period of fulfilment of
export obligation may be extended, but shall in no case be extended beyond the 31st March, 2002,
and the said short fall in export obligation condoned by the Assistant Commissioner of Customs or
the Deputy Commissioner of Customs, as the case may be.
(v) Where the Licensing Authority, in respect of a licence-holder unit affected by the earthquake which
took place in the State of Gujarat in the month of January, 2001 grants extension of the period for
fulfillment of export obligation, in terms of, and subject to the satisfaction of such condition as may
be specified in a Public Notice of the Government of India in the Ministry of Commerce and Industry
in this regard, the said period of fulfillment of export obligation may be extended and be deemed to
have been extended beyond the 31st day of March, 2002, but shall in no case be extended beyond
the 31st day of March, 2004. (Condition No.V inserted by Sec. 119 (1) of the Finance Bill, 2003
w.e.f. 20.4.1992).
2. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
GENERAL EXEMPTION NO. 48 1136
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
TABLE
______________________________________________________________________________________________________________
S.No. Description of importer Rate of duty
______________________________________________________________________________________________________________
1 2 3
______________________________________________________________________________________________________________
1. Importer undertaking an export obligation equivalent to three times 25% ad.
the CIF value of the said capital goods over a period of four years valorem
under paragraph 38 of the Policy
2. Importer undertaking an export obligation equivalent to four times 15% ad
the CIF value of the said capital goods over a period of five years valorem
under paragraph 38 of the Policy
______________________________________________________________________________________________________________
(1) “capital goods” means any plant, machinery, equipment or accessories required by an importer for-
(a) manufacture or production of goods and includes packaging machinery and equipment,
refractories, refrigeration equipments, power generating sets, machine tools, catalysts for
initial charge required for and imported alongwith capital equipments, equipments and
instruments for testing, research and development, quality and pollution control;
(b) use in manufacturing, mining, agriculture, acquaculture, animal husbandry, floriculture,
horticulture, pisciculture, poultry and sericulture; and includes spare parts required for the
maintenance of such capital goods not exceeding 10% of CIF value of the capital goods
actually imported;
(ii) “Export and Import Policy” means the Export and Import Policy, 1 April 1992-31 March 1997
published vide Public Notice of the Government of India in the Ministry of Commerce, No.1-
ITC(PN) 92-97, dated the 31st March, 1992, as amended from time to time;
(iii) “Licensing Authority” means an authority competent to grant a licence under the Import (Control)
Orders, 1955, made under the Imports and Exports (Control) Act, 1947 (18 of 1947), or the Director
General of Foreign Trade appointed under the Foreign Trade (Development and Regulation) Act,
1992 (22 of 1992) or an officer authorised by him to grant a licence under the said Act;
(iv) “CIF Value” in relation to second hand capital goods, means CIF value of the corresponding new
capital goods as may be determined by the Licencing Authority.
*inserted (w.e.f. 20.4.1992) by serial No.2 of the Eighth Schedule read with section 115 of the
Finance Act, 2001.
GENERAL EXEMPTION NO. 49 1137
15% or 25% Customs duty and Nil additional duty on the Capital goods imported under EPCG Scheme
- EXIM Policy 1992-97.
[Notfn. No. 307/92-Cus., dt. 28.12.1992 as amended by 125/93, 101/95 , 108/95, 46/13, 26/17].
In exercise of the powers conferred by sub-section (1) of the Section 25 of the Customs Act, 1962
(52 of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do,
hereby exempts goods of the description specified in column (2) of the Table annexed hereto when imported
into India by an importer specified in column (3) of the said Table from so much of the duty of Customs
leviable thereon which is specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) as
is in excess of the amount calculated at the rate specified in the corresponding entry in column (4) of
the said Table and the whole of the additional duty leviable thereon under sub-section (1), (3) and (5) of
section 3 of the said Customs Tariff Act, subject to the following conditions, namely:-
(i) that the goods are covered by a valid licence issued on or before 30th April 1995, under the
Export Promotion Capital Goods (E.P.C.G.) Scheme in terms of para 46 of the Export and
Import Policy (hereinafter referred to as the Policy) and the said licence is produced for
debit at the time of clearance;
(ii) that the said licence specifies, inter-alia -
(a) the description, quantity and value of goods allowed to be imported under the said
licence,
(b) the description and quantity of the capital goods to be assembled or manufactured;
(iii) that the importer at the time of clearance, shall produce to the Assistant Commissioner of
Customs or Deputy Commissioner of Customs a certificate from the Licensing Authority
for having executed a bond under paragraph 45 of the policy; and
(iv) that the importer at the time of clearance of the goods shall make a declaration before the
Assistant Commissioner of Customs, in such form as the said Assistant Commissioner
may specify, binding himself to pay on demand an amount equal to the duty leviable on such
goods but for the exemption contained herein in respect of which the conditions specified
in the column (2) and (3) of the Table are not complied with.
*(v) where the licensing authority grants and extension of the period for fulfilment of export
obligation or regularisation of shortfall in export obligation not exceeding 5% of such export
obligation, in terms of, and subject to satisfaction of such conditions as may be specified in
Public Notice of the Government of India in the Ministry of Commerce in this regard, the
said period of fulfilment of export obligation may be extended, but shall in no case be
extended beyond the 31st March, 2002, and the said short fall in export obligation condoned
by the Assistant Commissioner of Customs or the Deputy Commissioner of Customs, as the
case may be.
2. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
GENERAL EXEMPTION NO. 49 1138
TABLE
______________________________________________________________________________________________
S.No. Description of goods Description Rate of
of importer duty
_____________________________________________________________________________________________
1 2 3 4
______________________________________________________________________________________________
1. Capital goods in SKD/CKD condition or Importer undertaking an export 25%
components of capital goods required obligation equivalent to three adv.
for assembly or manufacture of capital times the C.I.F. value of the goods
goods ; and spare parts not exceeding specified in column (2) over a
10% of the value of such capital goods period of four years under
in SKD / CKD condition or components paragraph 38 of the Policy.
of capital goods actually imported and
required for the maintenance of capital
goods so assembled or manufactured.
(i) “capital goods” means any plant, machinery, equipment or accessories required by an
importer for,-
(a) manufacture or production of goods and includes packaging machinery and equipment,
refractories, refrigeration equipments, power generating sets, machine tools, catalysts
for initial charge required for, and imported alongwith, capital equipments,
equipments and instruments for testing, research and development, quality and
pollution control;
(b) use in manufacturing, mining, agriculture, acquaculture, animal husbandry,
floriculture, horticulture, pisciculture, poultry and sericulture.
*inserted (w.e.f. 28.12,1992) by serial No.3 of the Eighth Schedule read with section 115 of the Finance Act,
2001.
GENERAL EXEMPTION NO. 50 1139
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52
of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods specified in the Table annexed hereto, from,-
(i) so much of the duty of customs leviable thereon which is specified in the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975) as is in excess of the amount calculated at the rate of three percent
ad-valorem, and
(ii) the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3 of
the said Customs Tariff Act, when specifically claimed by the importer.
2. The exemption under this notification shall be subject to the following conditions, namely :-
(1) that the goods imported are covered by a valid licence or valid authorization issued under the Export
Promotion Capital Goods (EPCG) Scheme in terms of Chapter 5 of the Foreigen Trade Policy permitting
import of goods at the rate of three percent duty and the said licence or authorization is produced for debit
by the proper officer of customs at the time of clearance :
Provided that for import of spare parts specified at Sr.No.4 of the said Table, the validity period of
the licence or authorization shall be deemed to be the period permitted for fulfillment of the export obliga-
tion in full :
Provided further that the import of motor cars, sports utility vehicles or all purpose vehicles shall
be allowed only to hotels, travel agents, tour operators or tour transport operators and companies owning or
operating golf resorts, subject to the condition that,-
(i) the total foreign exchange earning from hotel, travel and tourism and golf tourism sectors
in current and preceding three licensing years is Rs.one crore fifty lakhs or more;
(ii) the duty saved amount on all EPCG authorizations issued in a licensing year for import of
motor cars, sports utility vehicles or all purpose vehicles shall not exceed 50% of average foreign
exchange earnings from hotel, travel and tourism and golf tourism sectors in preceding three li-
censing years; and
(iii) the vehicles imported shall be so registered that the vehicle is used for tourist purpose only.
A copy of the registration certificate shall be submitted to the concerned Customs authorities as a
confirmation of import of vehicle within six months from the date of import:
Provided also that the benefit of import of capital goods at concessional duty under this notification
for creation of modern infrastructure shall be extended only to such retailers who have a minimum area of
1000 square meters.
(2) that the goods imported shall not be disposed of or transferred by sale or lease or any other manner
till export obligation is completed.
(3) that the importer executes a bond in such form and for such sum and with such surety or security as
may be specified by the Deputy Commissioner of Customs or Assistant Commissioner of Customs binding
GENERAL EXEMPTION NO. 50 1140
himself to fulfill export obligation on FOB basis equivalent to eight times the duty saved on the goods
imported as may be specified on the licence or authorization, or for such higher sum as may be fixed or
endorsed by the Licensing Authority or Regional Authority in terms of Para 5.10 of the Handbook of
Procedures Vol I, within a period of eight years from the date of issue of licence or Authorization, in the
following proportions, namely :-
______________________________________________________________________________________________
S.No. Period from the date of issue of licence Proportion of total export obligation
______________________________________________________________________________________________________________________________________
(1) (2) (3)
______________________________________________________________________________________________________________________________________
1. Block of 1st to 6th year 50%
2. Block of 7th to 8th year 50%
______________________________________________________________________________________________________________________________________
Provided that where the duty saved is not less than Rupees one hundred crores, or where the
licence or authorization is issued to units in the agri export zone as may be notified by the licensing authority
or Regional Authority, the export obligation shall be fulfilled within a period of twelve years from the date of
issue of licence in the following proportions, namely :-
_________________________________________________________________________________
S.No. Period from the date of licence Proportion of total export obligation
_________________________________________________________________________________
(1) (2) (3)
_________________________________________________________________________________
1. Block of 1st,to 10th years 50%
2. Block of 11th to 12th year 50%
_________________________________________________________________________________
Provided further that where a sick unit is notified by the Board for Industrial and Financial Recon-
struction or where a rehabilitation scheme is announced by the concerned State Government in respect of
sick unit for its revival, the export obligation may be fulfilled within time period allowed as per the reha-
bilitation package or twelve years, if the time period is not specified in the rehabilitation package:
Provided also that where the capital goods are imported by agro units and units in tiny and cottage
sector, the export obligation shall be fixed equivalent to six times the duty saved on the goods imported as
may be specified on the licence, or for such higher sum as may be fixed by the licensing authority, within a
period of twelve years from the date of issue of the licence or authorization :
Provided also that where the capital goods are imported for technological upgradation as per con-
ditions specified in Para 5.10 of the Foreign Trade Policy or by small scale industry units as defined in
paragraph 5.1 of the Foreign Trade Policy, as the case may be, the export obligation shall be fixed equiva-
lent to six times the duty saved on the goods imported as may be specified on the licence or authorization,
or for such higher sum as may be fixed by the Licensing Authority or Regional Authority, within a period of
eight years from the date of issue of licence subject to the further condition that in the case of Small Scale
Industry (SSI) units the landed CIF value of such imported capital goods under the scheme shall not exceed
Rupees fifty lakhs and total investment in plant and machinery after such imports shall not exceed the SSI
limit :
GENERAL EXEMPTION NO. 50 1141
Provided also that export obligation of a particular block may be set off against the excess exports made in
the said preceding block(s);
(4) that if the importer does not claim exemption from the additional duty leviable under sub-sections
(1), (3) and (5) of section 3 of the Customs Tariff Act, 1975, the additional duty so paid by him shall not be
taken for computation of the net duty saved for the purpose of fixation of export obligation provided the
Cenvat credit of additional duty paid has not been taken;
(5) that the importer produces within 30 days from the expiry of each block from the date of issue of
licence or authorization or within such extended period as the Deputy Commissioner of Customs or Assis-
tant Commissioner of Customs may allow, evidence to the satisfaction of the Deputy Commissioner of
Customs or Assistant Commissioner of Customs showing the extent of export obligation fulfilled, and
where the export obligation of any particular block is not fulfilled in terms of the preceding condition, the
importer shall within three months from the expiry of the said block pay duties of customs of an equal
amount equal to that portion of duties leviable on the goods, but for the exemption contained herein which
bears the same proportion as the unfulfilled portion of the export obligation bears to the total export obligation
together with interest at the rate of 15% per annum from the date of clearance of the goods;
(6) where the importer fulfills 75% or more of the export obligation as specified in condition (3)
within half of the period specified for export obligation as mentioned in condition (3), his balance export
obligation shall be condoned and he shall be treated to have fulfilled the entire export obligation;
(7) that the capital goods imported, assembled or manufactured are installed in the importer’s factory
or premises and a certificate from the Deputy Commissioner of Customs or Assistant Commissioner of
Customs, as the case may be, having jurisdiction over the importer's factory or premises is produced confirm-
ing installation and use of capital goods in importer's factory or premises, within six months from the date of
completion of imports or within such extended period as the Deputy Commissioner of Customs or Assistant
Commissioner of Customs, as the case may be, referred to in condition (3) above may allow :
Provided that in case of import of spares, the installation certificate shall be produced within three years
from the date of import :
Provided further that if the importer is not registered with central excise or if he is a service pro-
vider, as the case may be, he may produce the said certificate of installation and usage issued by an indepen-
dent Chartered Engineer :
(i) manufacturer exporter and merchant exporter having supporting manufacturer(s) or vendor(s);
(ii) import of irrigation equipment for use in contract farming for export of agricultural products; and
(iii) importer rendering services;
the capital goods may be installed at the factory or premises of such other person whose name and address
are endorsed on the licence or authorization referred to in condition (1) and also on the shipping bills and
where the bond for full difference of duty, if necessary, in terms of condition (3) with or without a bank
guarantee, as the case may be, is executed by the importer and such other person binding themselves jointly
and severally to fulfill the export obligation and all other conditions of this notification and to pay duty with
interest at the rate of 15% per annum in case of default :
GENERAL EXEMPTION NO. 50 1142
Provided also that agro units located in Agri Export Zones or service providers in Agri export Zones
may move the capital goods within the Agri Export Zones under intimation to the jurisdictional Deputy
Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, subject to the condi-
tion that the importer shall maintain accurate record of such movement;
(8) that the imports and exports are undertaken through sea ports at Mumbai, Kolkata, Cochin, Magdalla,
Kakinada, Kandla, Mangalore, Marmagoa, Chennai, Nhava Sheva, Paradeep, Pipavav, Sikka, Tuticorin,
Visakhapatnam, Dahej, Mundhra, Nagapattinam, Okha, Bedi (including Rozi-Jamnagar), Muldwarka,
Porbander, Dharamtar, Vadinar, and Haldia (Haldia Dock Complex of Kolkata port), or through any of the
airports at Ahmedabad, Bangalore, Bhubaneswar, Mumbai, Kolkata, Coimbatore, Delhi, Hyderabad, Jaipur,
Chennai, Srinagar, Trivandrum, Varanasi, Nagpur, Cochin, Rajasansi (Amritsar), Lucknow (Amausi), Indore
and Dabolim (Goa), or through any of the Inland Container Depots at Agra, Bangalore, Coimbatore, Delhi,
Faridabad, Gauhati, Guntur, Hyderabad, Jaipur, Jallandhar, Kanpur, Ludhiana, Moradabad, Nagpur, Pimpri
(Pune), Pitampur (Indore), Surat, Tirupur, Varanasi, Nasik, Rudrapur (Nainital), Dighi (Pune), Vadodara,
Daulatabad (Wanjarwadi and Maliwada), Waluj (Aurangabad), Anaparthy (Andhra Pradesh), Salem,
Malanpur, Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai, Bhilwara, Pondicherry, Garhi
Harsaru, Bhatinda, Dappar (Dera Bassi), Chheharata (Amritsar), Karur, Miraj, Rewari, Bhusawal, Jamshedpur,
Surajpur, Dadri, Tuticorin, Kundli, Bhadohi, Raipur, Mandideep (District Raisen), Durgapur (Export Promo-
tion Industrial Park), Babarpur and Loni (District Ghaziabad) or through the Land Customs Station at Ranaghat,
Singhabad, Raxaul, Jogbani, Nautanva (Sonauli), Petrapole, Mahadipur, Nepalganj Road, Dawki, Agartala,
Sutarkhandi, Amritsar Rail Cargo, Attari Road, Hilli, Ghojadanga and Changrabandha or a Special Economic
Zone as notified under the Special Economic Zone, Act, 2005 ( 28 of 2005).
Provided that the Commissioner of Customs may, by special order or a public notice and subject to
such conditions as may be specified by him, permit import and export through any other sea-port, airport,
inland container depot or through a land customs station.
(9) notwithstanding anything contained in condition (5) above, where the Licensing Authority or Re-
gional Authority grants extension of block-wise period for any block(s) or overall period of fulfilment of
export obligation upto a period of two years or regularization of shortfall in export obligation, not exceed-
ing five percent of such export obligation, the said block-wise period or overall period of export obligation
shall be extended or condoned by the Deputy Commissioner of Customs or Assistant Commissioner of
Customs, as the case may be :
Provided that in respect of sick units referred to in the second proviso to condition (3) extension of overall
period of export obligation shall not be allowed :
Provided further that the Regional Authority may grant further extension in the overall period of
export obligation upto a period of further two years if the authorization holder pays fifty percent differen-
tial duty on the unfulfilled portion of export obligation and agrees to fulfill other conditions as may be
specified by the Regional Authority for this purpose;
3. Where the goods specified in the said Table are found defective or unfit for use, the said goods may
be re-exported back to the foreign supplier within three years from the date of payment of duty on the
importation thereof:
Provided that at the time of re-export, the goods are identified to the satisfaction of the Deputy Commis-
GENERAL EXEMPTION NO. 50 1143
sioner of Customs or Assistant Commissioner of Customs, as the case may be, as the goods which were
imported.
4. Waiver of Export Obligation may be considered where, because of force majeure or other unfore-
seen circumstances/ reasons which are beyond the control of the exporter (like steep fall in international
prices, technological obsolescence etc.), the exporter is unable to fulfill export obligation. Such requests shall
be considered by a Committee comprising representative(s) of Department of Commerce and Department
of Revenue under the Directorate General of Foreign Trade. Decision of this Committee shall be imple-
mented by the Department of Revenue.
5. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
Explanation – For the purpose of this notification,-
(1) “Capital goods” has the same meaning as assigned to it in Paragraph of 9.12 of the Foreign Trade
Policy;
(2) “Export obligation”, -
(i) means obligation on the importer to export to a place outside India, goods manufactured or capable
of being manufactured or services rendered by the use of capital goods imported in terms of this notifica-
tion. The export obligation shall be over and above the average level of exports achieved by the importer in
the preceding three licensing years for the same and similar products within the overall export obligation
period including the extended period, if any. Such average shall be the arithmetic mean of export perfor-
mance in the last 3 years for the same and similar products.
Provided that upto 50% of the export obligation may also be fulfilled by export of other good(s)
manufactured or service(s) provided by the importer or his group company or managed hotel, which has the
EPCG authorization subject to the condition that in such cases, additional export obligation imposed shall
be over and above the average exports achieved by the importer or his group company or managed hotel in
preceding three years for both the original and the substitute product(s) / service(s) :
Provided further that in case of export of goods relating to handicraft, handlooms, cottage, tiny
sector, agriculture, aqua-culture, animal husbandry, floriculture, horticulture, pisciculture, viticulture, poultry
and sericulture, the importer shall not be required to maintain the average level of exports :
Provided also that the goods, excepting tools, imported under this notification by the aforesaid
sectors, shall not be allowed to be transferred for a period of five years from the date of imports even in
cases where export obligation has been fulfilled. Transfer of capital goods would, however, be permitted
within the group companies, after fulfillment of export obligation but before five years from the date of
imports, under intimation to Regional Authority and jurisdictional Central Excise Authority :
Provided also that exports made to former USSR, or to such countries as notified by Director
General of Foreign Trade as on 31.3.08, shall not be counted for fixing the average level of exports :
(Proviso fifth Omitted vide Sec.55 (1) of Finance Act, 2011 w.e.f. 9.5.2008)
GENERAL EXEMPTION NO. 50 1144
Provided also that exports against only such shipping bills which mention the EPCG authorization
No. and date shall be counted for the discharge of the export obligation;
(ii) shall be fulfilled through physical exports and the export proceeds shall be realized in freely convert-
ible currency. However the following categories of supplies, shall also be counted towards fulfillment of
export obligation:
(a) deemed exports, namely:
(1) supply of goods against Advance Authorization/Advance Authori zation for Annual
Requirement/ Duty Free Import Authorization (DFIA);
(2) supply of goods to Export Oriented Units (EOUs) or Software Technology Parks
(STPs) or Electronics Hardware Technology Parks (EHTPs) or Bio-Technology
Parks (BTPs);
(4) supply of goods to any project or purpose in respect of which the Ministry of
Finance, by a notification, permits import of such goods at zero customs duty and
the supply is made under ICB procedure;
(5) supply of goods to power projects and refineries not covered in (4) above under
ICB procedure;
(6) Supply of goods to nuclear power projects through competitive bidding as op-
posed to ICB;
(a) Supply of ITA-1 items to Domestic Tariff Area, provided realization is in free foreign
exchange;
(b) Royalty payments received in freely convertible currency and foreign exchange received
for Research & Development (R&D) services; and
(c) Payments received in rupee terms for port handling services in terms of
chapter 9 of the Foreign Trade Policy.
(3) “Foreign Trade Policy” means the Foreign Trade Policy 2004-2009 published vide notification of
the Government of India in the Ministry of Commerce and Industry, No. 1/2004 dated the 31st August,
2004 as amended from time to time;
(4) “Licensing Authority or Regional Authority” means the Director General of Foreign Trade ap-
GENERAL EXEMPTION NO. 50 1145
pointed under section 6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an
officer authorized by him to grant a licence or authorization under the said Act;
(5) “manufacture” has the same meaning as defined in clause (f) of section 2 of the Central Excise Act,
1944 (1 of 1944).
Table
______________________________________________________________________________________
S.No. Description of goods
______________________________________________________________________________________
(1) (2)
______________________________________________________________________________________
1. Capital goods for pre-production, production and post production including second hand capital
goods.
2. Capital goods in Semi Knocked Down (SKD) / Completely Knocked Down (CKD) conditions to be
assembled into capital goods by the importer.
3. Spare parts of goods specified at Serial Nos.1 and 2 as actually imported and required for mainte-
nance of capital goods so imported, assembled, or manufactured.
4. Spare parts for the existing plant and machinery of the licence or authorization holder.
5. Motor cars, spo00000000rts utility vehicles/all purpose vehicles.
______________________________________________________________________________________
GENERAL EXEMPTION NO. 51 1146
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods specified in the Table annexed hereto, from,-
(i) so much of the duty of customs leviable thereon which is specified in the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975) as is in excess of the amount calculated at the rate of three percent ad-
valorem, and
(ii) the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3 of the
said Customs Tariff Act, when specifically claimed by the importer.
2. The exemption under this notification shall be subject to the following conditions, namely :-
(1) that the goods imported are covered by a valid licence or valid authorization issued under the Export
Promotion Capital Goods (hereinafter referred to as EPCG) Scheme to Common Service Providers(hereinafter
referred to as CSP) designated by the Director General Of Foreign Trade (hereinafter referred to as DGFT)
or Department of Commerce(hereinafter referred to as DOC) in Towns Of Export Excellence (hereinafter
referred to as TEE) in terms of Chapter 5 of the Foreign Trade Policy permitting import of goods at the rate
of three percent duty and the said licence or authorization is produced for debit by the proper officer of
customs at the time of clearance :
Provided that for import of spare parts specified at Sr.No.4 of the Table annexed, the validity period
of the licence or authorization shall be deemed to be the period permitted for fulfilment of the export obliga-
tion in full.
(2) that the authorization issued under the scheme shall have the details of the users of the said capital
goods and the quantum of the Export Obligation(hereinafter referred to as EO) which each user would fulfil.
(3) that the goods imported shall not be disposed of or transferred by sale or lease or any other manner
till export obligation is completed;
(4) that the Common Service provider and each of the specific users shall execute a bond in such form
and for such sum as may be specified by the Deputy Commissioner of Customs or Assistant Commissioner
of Customs and a bank guarantee equivalent to their portion of duty foregone in terms of export obligation
apportioned in the authorization binding themselves to fulfil export obligation on Freight On Board(FOB) basis
equivalent to eight times the duty saved on the goods imported as may be specified on the licence or autho-
rization, or for such higher sum as may be fixed or endorsed by the Licensing Authority or Regional Authority
in terms of Para 5.10 of the Handbook of Procedures Vol I, within a period of eight years from the date of
issue of licence or authorization, in the following proportions, namely :-
_______________________________________________________________________________________________
GENERAL EXEMPTION NO. 51 1147
S.No. Period from the date of licence Proportion of total export obligation
______________________________________________________________________________________________
(1) (2) (3)
______________________________________________________________________________________________
1. Block of 1st to 6th year 50%
2. Block of 7th to 8th year 50%
______________________________________________________________________________________________
Provided that where the duty saved is not less than rupees one hundred crores, or where the licence
or authorization is issued to units in the agri export zone as may be notified by the Licensing Authority or
Regional Authority, the export obligation shall be fulfilled within a period of twelve years from the date of
issue of licence in the following proportions, namely :-
______________________________________________________________________________________________
S.No Period from the date of licence Proportion of total export obligation
______________________________________________________________________________________________
(1) (2) (3)
______________________________________________________________________________________________
1. Block of 1st,to 10th years 50%
2. Block of 11th to 12th year 50%
______________________________________________________________________________________________
Provided further that where a sick unit is notified by the Board for Industrial and Financial Recon-
struction or where a rehabilitation scheme is announced by the concerned State Government in respect of
sick unit for its revival, the export obligation may be fulfilled within the time period allowed as per the
rehabilitation package or twelve years whichever is lower:
Provided also that where the capital goods are imported by agro units and units in tiny and cottage sector, the
export obligation shall be fixed equivalent to six times the duty saved on the goods imported as may be
specified on the licence, or for such higher sum as may be fixed by the licensing authority, and the export
obligation shall be discharged within a period of twelve years from the date of issue of the licence or autho-
rization :
Provided also that where the capital goods are imported for technological up gradation as per condi-
tions specified in Para 5.10 of the Foreign Trade Policy or by small scale industry units as defined in para-
graph 5.1 of the Foreign Trade Policy, as the case may be, the export obligation shall be fixed equivalent to six
times the duty saved on the goods imported as may be specified on the licence or authorization, or for such
higher sum as may be fixed by the Licensing Authority or Regional Authority, within a period of eight years
from the date of issue of licence subject to the further condition that in the case of Small Scale Industry units
the landed CIF value of such imported capital goods under the scheme shall not exceed rupees fifty lakhs and
total investment in plant and machinery after such imports shall not exceed the Small Scale Industry limit :
Provided also that export obligation of a particular block may be set off against the excess exports
made in the said preceding block(s);
(5) that if the Authorization Holder does not claim exemption from the additional duty leviable under sub-
sections (1), (3) and (5) of section 3 of the Customs Tariff Act, 1975, the additional duty so paid by him shall
not be taken for computation of the net duty saved for the purpose of fixation of export obligation provided the
Cenvat credit of additional duty paid has not been taken;
(6) that the Authorization Holder and the other specific users produce within thirty days from the expiry
GENERAL EXEMPTION NO. 51 1148
of each block from the date of issue of authorization or within such extended period as the Deputy Commis-
sioner of Customs or Assistant Commissioner of Customs may allow, evidence to the satisfaction of the
Deputy Commissioner of Customs or Assistant Commissioner of Customs showing the extent of export
obligation fulfilled, and where the export obligation of any particular block is not fulfilled in terms of the
preceding condition, the Authorization Holder shall within three months from the expiry of the said block pay
duties of customs of an amount equal to that portion of duties leviable on the goods, but for the exemption
contained herein which bears the same proportion as the unfulfilled portion of the export obligation bears to
the total export obligation together with interest at the rate of 15% per annum from the date of clearance of
the goods;
(7) where the Authorization Holder fulfils 75% or more of the export obligation as specified in condition
(3) within half of the period specified for export obligation as mentioned in condition (3), his balance export
obligation shall be condoned and he or they as the case may be shall be treated to have fulfilled the entire
export obligation;
(8) that the capital goods imported, assembled or manufactured are installed in the Common Service
Provider’s factory or premises and a certificate from the Deputy Commissioner of Customs or Assistant
Commissioner of Customs, as the case may be, having jurisdiction over the Authorization Holder's factory or
premises is produced confirming installation and use of capital goods in Authorization Holder's factory or
premises, within six months from the date of completion of imports or within such extended period as the
Deputy Commissioner of Customs or Assistant Commissioner of Customs referred to in condition (4) above
may allow:
Provided that in case of import of spares, the installation certificate shall be produced within three
years from the date of import :-
Provided further that if the Authorization Holder is not registered with central excise or if he is a
service provider, as the case may be, he may produce the said certificate of installation and usage issued by an
independent Chartered Engineer :
Provided also that agro units located in Agri Export Zones or service providers in Agri export Zones
may move the capital goods within the Agri Export Zones under intimation to the jurisdictional Deputy Com-
missioner of Customs or Assistant Commissioner of Customs, as the case may be, subject to the condition
that the Authorization Holder shall maintain accurate record of such movement;
(9) that the imports and exports are undertaken through sea ports at Mumbai, Kolkata, Cochin, Magdalla,
Kakinada, Kandla, Mangalore, Marmagoa, Chennai, Nhava Sheva, Paradeep, Pipavav, Sikka, Tuticorin,
Visakhapatnam, Dahej, Mundhra, Nagapattinam, Okha, Bedi (including Rozi-Jamnagar), Muldwarka,
Porbander,Dharamtar, Vadinar, and Haldia (Haldia Dock Complex of Kolkata port), or through any of the
airports at Ahmedabad, Bangalore, Bhubaneswar, Mumbai, Kolkata, Coimbatore, Delhi, Hyderabad, Jaipur,
Chennai, Srinagar, Trivandrum, Varanasi, Nagpur, Cochin, Rajasansi (Amritsar), Lucknow (Amausi), Indore
and Dabolim (Goa), or through any of the Inland Container Depots at Agra, Bangalore, Coimbatore, Delhi,
Faridabad, Gauhati, Guntur, Hyderabad, Jaipur, Jallandhar, Kanpur, Ludhiana, Moradabad, Nagpur, Pimpri
(Pune), Pitampur (Indore), Surat, Tirupur, Varanasi, Nasik, Rudrapur (Nainital), Dighi (Pune), Vadodara,
Daulatabad (Wanjarwadi and Maliwada), Waluj (Aurangabad), Anaparthy (Andhra Pradesh), Salem, Malanpur,
Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai, Bhilwara, Pondicherry, Garhi Harsaru,
Bhatinda, Dappar (Dera Bassi), Chheharata (Amritsar), Karur, Miraj, Rewari, Bhusawal, Jamshedpur, Surajpur,
Dadri, Tuticorin, Kundli, Bhadohi, Raipur, Mandideep (District Raisen), Durgapur (Export Promotion Indus-
GENERAL EXEMPTION NO. 51 1149
trial Park), Babarpur and Loni (District Ghaziabad) or through the Land Customs Station at Ranaghat,
Singhabad, Raxaul, Jogbani, Nautanva (Sonauli), Petrapole, Mahadipur, Nepalganj Road, Dawki, Agartala,
Sutarkhandi, Amritsar Rail Cargo, Attari Road, Hilli, Ghojadanga and Changrabandha or a Special Economic
Zone as notified under the Special Economic Zone, Act, 2005 ( 28 of 2005).
Provided that the Commissioner of Customs may, by special order or a public notice and subject to
such conditions as may be specified by him, permit import and export through any other sea-port, airport,
inland container depot or through a land customs station.
(10) notwithstanding anything contained in condition (4) above, where the Licensing Authority or Re-
gional Authority grants extension of block-wise period for any blocks(s) or overall period of fulfilment of
Export Obligation up to a period of two years or regularization of shortfall in Export Obligation, not exceeding
five percent of such export obligation, the said block-wise period or overall period of Export Obligation shall
be extended or condoned by the Deputy Commissioner of Customs or Assistant Commissioner of Customs,
as the case may be :
Provided that in respect of sick units referred to in the second proviso to condition (4) extension of
overall period of Export Obligation shall not be allowed;
Provided further that the Regional Authority may grant further extension in the overall period of
Export Obligation up to a further period of two years if the authorization holder pays 50% of duty payable in
proportionate to the unfulfilled portion of Export Obligation to the Customs Authority and agrees to fulfil other
conditions as may be specified by the Regional Authority for this purpose;
Provided further that the Export Obligation period shall not be extended beyond 12 years including
the original Export Obligation period of 8 years / 12 years as the case may be.
3. Where the goods specified in the said Table are found defective or unfit for use, the said goods may
be re-exported back to the foreign supplier within three years from the date of payment of duty on the
importation thereof:
Provided that at the time of re-export, the goods are identified to the satisfaction of the Deputy
Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, as the goods which
were imported.
4. In a case of default in export obligation, when the duty on goods is paid to regularisethe default, the
amount of interest paid by the importer shall not exceed the amount of duty if such regularisationhas been
dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/
2009-2014 dated the 12th August, 2013.
1. “Capital goods” has the same meaning as assigned to it in Paragraph of 9.12 of the Foreign Trade
Policy;
2. Common Service Provider (CSP) means a service provider who is designated or certified as a
common service provider by the DGFT or DOC in a town of Export Excellence
3 “Export Obligation ”, -
GENERAL EXEMPTION NO. 51 1150
(i) means obligation on the importer to export to a place outside India, goods manufactured or capable of
being manufactured or services rendered by the use of capital goods imported in terms of this notification and
it shall be over and above the average level of exports achieved by the importer in the preceding three
licensing years for the same and similar products within the overall export obligation period including the
extended period, if any and such average shall be the arithmetic mean of export performance in the last three
years for the same and similar products:
Provided that upto 50% of the export obligation may also be fulfilled by export of other good(s)
manufactured or service(s) provided by the importer or his group company or managed hotel, which has the
EPCG authorization subject to the condition that in such cases, additional export obligation imposed shall be
over and above the average exports achieved by the importer or his group company or managed hotel in
preceding three years for both the original and the substitute product(s) / service(s) :
Provided further that in case of export of goods relating to handicraft, handlooms, cottage, tiny
sector, agriculture, aqua-culture, animal husbandry, floriculture, horticulture, pisciculture, viticulture, poultry
and sericulture, the importer shall not be required to maintain the average level of exports :
Provided also that the goods, excepting tools, imported under this notification by the aforesaid sec-
tors, shall not be allowed to be transferred for a period of five years from the date of imports even in cases
where export obligation has been fulfilled. Transfer of capital goods would, however, be permitted within the
group companies, after fulfilment of export obligation but before five years from the date of imports, under
intimation to Regional Authority and jurisdictional Central Excise Authority:
Provided also that exports made to former USSR, or to such countries as notified by Director Gen-
eral of Foreign Trade as on 31.3.08, shall not be counted for fixing the average level of exports:
(Proviso five Omitted vide Sec.55 (1) of Finance Act, 2011 w.e.f. 24.12.2008)
Provided also that exports against only such shipping bills which mention the number and date of the
EPCG authorization shall be counted for the discharge of the export obligation:
Provided also that exports counted against the authorization issued under this notification shall not be
counted towards fulfilment of other specific Export Obligations against other EPCG authorizations;
(ii) shall be fulfilled through physical exports and the export proceeds shall be realized in freely convert-
ible currency. However the following categories of supplies, shall also be counted towards fulfilment of
export obligation:
(1) supply of goods against Advance Authorization or Advance Authorization for Annual Requirement or
Duty Free Import Authorization;
(2) supply of goods to Export Oriented Units or Software Technology Parks or Electronics Hardware
Technology Parks or Bio-Technology Parks;
GENERAL EXEMPTION NO. 51 1151
(3) supply of goods to projects financed by multilateral or bilateral agencies or Funds as notified by
Department of Economic Affairs (hereinafter referred to as DEA), Ministry of Finance (hereinafter referred
to as MOF) under International Competitive Bidding (hereinafter referred to as ICB) in accordance with
procedures of those agencies or Funds, where legal agreements provide for tender evaluation without includ-
ing customs duty; supply and installation of goods and equipments (single responsibility of turnkey contracts)
to projects financed by multilateral or bilateral agencies or Funds as notified by DEA, MOF under ICB, in
accordance with procedures of those agencies/Funds, where bids may have been invited and evaluated on
the basis of Delivery Duty Paid (DDP) prices for goods manufactured abroad;
(4) supply of goods to any project or purpose in respect of which the Ministry of Finance, by a notifica-
tion, permits import of such goods at zero customs duty and the supply is made under ICB procedure;
(5) supply of goods to power projects and refineries not covered in (4) above under ICB procedure;
(6) Supply of goods to nuclear power projects through competitive bidding as opposed to ICB;
(b) Supply of ITA-1 items to Domestic Tariff Area, provided realization is in free foreign exchange;
(c) Royalty payments received in freely convertible currency and foreign exchange received for Re-
search and Development(R&D) services; and
(d) Payments received in rupee terms for port handling services in terms of Chapter 9 of the Foreign
Trade Policy.
(3) “Foreign Trade Policy” means the Foreign Trade Policy 2004-2009 published vide notification of the
Government of India in the Ministry of Commerce and Industry, No. 1/2008 dated the 11th April, 2008 as
amended from time to time;
(4) “Licensing Authority or Regional Authority” means the Director General of Foreign Trade appointed
under section 6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer
authorized by him to grant a licence or authorization under the said Act;
(5) “Manufacture” has the same meaning as defined in clause (f) of section 2 of the Central Excise Act,
1944 (1 of 1944).
(6) “Towns of Export Excellence(TEE)” means a selected town producing goods of Rs.1000 Crores or more
based on potential for growth in exports. However for TEE in Handloom, Handicraft, Agriculture and fisher-
ies sector the threshold limit would be Rs.250 Crores.
Table
______________________________________________________________________________________________
Sl.No. Description of goods
______________________________________________________________________________________________
(1) (2)
______________________________________________________________________________________________
1 Capital goods for pre-production, production and post production including second hand capital
goods.
GENERAL EXEMPTION NO. 51 1152
2 Capital goods in Semi Knocked Down (SKD) / Completely Knocked Down (CKD) conditions
to be assembled into capital goods by the importer.
3 Spare parts of goods specified at Serial Nos.1 and 2 as actually imported and required for
maintenance of capital goods so imported, assembled, or manufactured.
4 Spare parts for the existing plant and machinery imported under this scheme.
______________________________________________________________________________________________
GENERAL EXEMPTION NO. 52 1153
Exemption to goods when imported into India against a duty credit scrip issued under the Hi-tech
Product Export Promotion Scheme:
[Notfn. No. 14/09-Cus., dated 19.2.2009 as amended by 123/09, 93/10, 40/11, 37/12, 40/12,
50/12, 4/13, 20/13, 5/15, 26/17]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods when imported into India against a duty credit scrip issued under the Hi-tech Product Export
Promotion Scheme in accordance with paragraph 3.11 of the Foreign Trade Policy (hereinafter referred to as
the said scrip) from,-
(a) the whole of the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act,
1975 (51 of 1975), and
(b) from the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3
of the said Customs Tariff Act, 1975,
subject to the following conditions, namely :-
(1) that the benefit under this notification shall be available only in respect of duty credit scrip issued
against export of the products specified in the Table annexed hereto;
(2) that the said scrip is produced before the proper officer of customs at the time of clearance for debit
of the duties leviable on the goods, but for this exemption:
Provided that exemption from duty shall not be admissible if there is insufficient credit in the said
scrip for debiting the duties leviable on the goods, but for this exemption;
(3) that the said scrip and goods imported against it shall be freely transferable;
(4) that the imports and exports are undertaken through sea ports at Mumbai, Kolkata, Cochin, Magdalla,
Kakinada, Kandla, Mangalore, Marmagoa, Chennai, Nhava Sheva, Paradeep, Pipavav, Sikka, Tuticorin,
Visakhapatnam, Dahej, Mundhra, Nagapattinam, Okha, Bedi (including Rozi-Jamnagar), Muldwarka,
Porbander, Dharamtar, Vadinar, and Haldia (Haldia Dock Complex of Kolkata port), Krishnapatnam and
Ennore (Tamil Nadu), Karaikal (Union territory of Puducherry) and Kattupalli (Tamil Nadu) or through any
of the airports at Ahmedabad, Bangalore, Bhubaneswar, Mumbai, Kolkata, Coimbatore, Delhi, Hyderabad,
Jaipur, Chennai, Srinagar, Trivandrum, Varanasi, Nagpur, Cochin, Rajasansi (Amritsar), Lucknow (Amausi),
Indore and Dabolim (Goa), Visakhapatnam and Culicut or through any of the Inland Container Depots at
Agra, Bangalore, Coimbatore, Delhi, Faridabad, Gauhati, Guntur, Hyderabad, Jaipur, Jallandhar, Kanpur,
Ludhiana, Moradabad, Nagpur, Pimpri (Pune), Pitampur (Indore), Surat, Tirupur, Varanasi, Nasik, Rudrapur
(Nainital), Dighi (Pune), Vadodara, Daulatabad (Wanjarwadi and Maliwada), Waluj (Aurangabad),
Talegoan(District Pune),Dhannad Rau (District Indore),Kheda (Pithampur, District Dhar), Patli (Gurgaon),
Irugur Village (Tamil Nadu), Thudiyalur (Tamil Nadu), Chettipalayam (Tamil Nadu) and Veerapandi (Tamil
Nadu), Marripalem Village in Taluk of Edlapadu, District Guntur and Tondiarpet (TNPM), Chennai and
Irungattukottai, SIPCOT Industrial Park, Kattrambakkam Village, Sriperumbudur Taluk, Kanchipuram Dis-
GENERAL EXEMPTION NO. 52 1154
trict, Tamil Nadu, Anaparthy (Andhra Pradesh), Salem, Malanpur, Singanalur, Jodhpur, Kota, Udaipur,
Ahmedabad, Bhiwadi, Madurai, Bhilwara, Pondicherry, Garhi Harsaru, Bhatinda, Dappar (Dera Bassi),
Chheharata (Amritsar), Karur, Miraj, Rewari, Bhusawal, Jamshedpur, Surajpur, Dadri, Tuticorin, Kundli, Bhadohi,
Raipur, Mandideep (District Raisen), Durgapur (Export Promotion Industrial Park), Babarpur, Loni (District
Gaziabad) and Melapakkam Village (Arakkonam Taluk, Vellore District) or through the Land Customs Station
at Ranaghat, Singhabad, Raxaul, Jogbani, Nautanva (Sonauli), Petrapole, Mahadipur, Nepalganj Road, Dawki,
Agartala, Sutarkhandi, Amritsar Rail Cargo, Attari Road, Hilli, Ghojadanga and Changrabandha or a Special
Economic Zone notified under section 4 of the Special Economic Zones Act, 2005 (28 of 2005):
Provided that the Commissioner of Customs may, by special order or a public notice and subject to
such conditions as may be specified by him, permit import and export through any other sea-port, airport, and
inland container depot or through a land customs station.
(5) that where the importer does not claim exemption from the additional duty of customs leviable under
sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff Act, he shall be deemed not to have availed
the exemption from the said duty for the purpose of calculation of the said additional duty of customs;
(6) that the importer shall be entitled to avail of the drawback or CENVAT credit of additional duty
leviable under sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff Act against the amount
debited in the said scrip;
(7) that the exports made by EOUs/EHTP/BTPs who do not avail of direct tax benefits or exemption
shall be eligible, provided the same are not covered under the categories of exports specified in Paragraph 2;
(8) that the said scrip shall be used for import of inputs or goods including capital goods Provided that, the
following items are not permitted to be debited to the said scrip;
(a) Garlic, peas and all other vegetables with a duty of more than 30% under Chapter 7 of ITC (HS)
Classification of Export and Import items;
(b) Coconut, areca nut, oranges, lemon, fresh grapes, apple and pears and all other fruits with a duty of
more than 30% under Chapter 8 of ITC(HS) Classification of Export and Import items;
(c) All spices with a duty of more than 30% under chapter 9 of ITC(HS) classification of Export and
Import items (except cloves);
(d) Tea, coffee and pepper as per Chapter 9 of ITC(HS) Classification of Export and Import items;
(e) All Oil seeds under Chapter 12 of ITC(HS) Classification of Export and Import items;
(f) Natural Rubber as per Chapter 40 of ITC(HS) Classification of Export and Import items;
(g) Capital Goods,
(i) General-purpose agricultural tractors above 25 HP and upto 75 HP
(ii) Stationary Diesel Engines
(iii) Irrigation pumps
(iv) Threshers for cereals
(v) Combine harvesters suitable only for wheat and paddy crops
(vi) Animal driven implements.
(9) that the foreign exchange counted towards fulfilment of export obligation (over and above the aver-
age) under Export Promotion Capital Goods Scheme shall not be eligible for benefits under the scheme;
2. The following categories of exports shall not be counted for calculation of export performance or for
GENERAL EXEMPTION NO. 52 1155
(ii)“Capital goods” means any plant, machinery, equipment or accessories required for manufacture or pro-
duction, either directly or indirectly, of goods or for rendering services, including those required for replace-
ment, modernization, technological up gradation or expansion. It also includes packaging machinery and
equipment, refractories for initial lining, refrigeration equipment, power generating sets, machine tools, cata-
lysts for initial charge, equipment and instruments for testing, research and development, quality and pollution
control. Capital goods may be for use in manufacturing, mining, agriculture, aquaculture, animal husbandry,
floriculture, horticulture, pisciculture, poultry, sericulture and viticulture as well as for use in services sector.
(iii) “Foreign Trade Policy” means the Foreign Trade Policy 2004-2009, published by the
Government of India in the Ministry of Commerce and Industry vide notification No.01(RE-2008)/2004-09,
dated the 11th April, 2008;
Table
_________________________________________________________________________________________________
Sr. No. HTPEPS ITC (HS) Code Description
Product
Code
_________________________________________________________________________________________________
1 H 01 84702100 Public Call Office using Wireless (GSM/Satel-
lite) technology,covered under ITC HS Code
84702100
Exemption to goods specified in the Table 1 imported under Export Promotion Capital Goods
(EPCG) Scheme:
[Notfn. No. 16/15-Cus., dated 1.04.2015 as amended by 36/16, 52/16, 54/16, 8/17, 26/17, 79/17,
3/18, 35/18, 66/18, 8/19, 18/2020]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods specified in the Table 1 annexed hereto, from,-
(i) the whole of the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act,
1975 (51 of 1975) (hereinafter referred to as the said Customs Tariff Act), and
(ii) the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3 of the
said Customs Tariff Act, when specifically claimed by the importer.
(iii) the whole of integrated tax and the goods and services tax compensation cess leviable thereon under
sub-section (7) and sub-section (9) of section 3 of the said Customs Tariff Act:
Provided that the exemption from integrated tax and the goods and services tax compensation cess
shall be available up to the 31st March, 2021.
2. The exemption under this notification shall be subject to the following conditions, namely:-
(1) that the goods imported are covered by a valid authorisation issued under the Export Promotion
Capital Goods (EPCG) Scheme in terms of Chapter 5 of the Foreign Trade Policy permitting import of
goods at zero customs duty;
(2) that the authorisation is registered at the port of import specified in the said authorisation and the
goods, which are specified in the Table 1 annexed hereto, are imported within validity of the said
authorisation and the said authorisation is produced for debit by the proper officer of customs at the time
of clearance:
Provided that the goods imported should not fall under clause (f) of paragraph 5.01 of Foreign Trade
Policy:
Provided further that the catalyst for one subsequent charge shall be allowed, under the authorisation in
GENERAL EXEMPTION NO. 52-A 1157
which plant, machinery or equipment and catalyst for initial charge have been imported, except in cases
where the Regional Authority issues a separate authorisation for catalyst for one subsequent charge
after the plant, machinery or equipment and catalyst for initial charge have already been imported;
(3) Omitted
(4) that the goods imported shall not be disposed of or transferred by sale or lease or any other manner
till export obligation is complete;
(5) that the importer executes a bond in such form and for such sum and with such surety or security as
may be specified by the Deputy Commissioner of Customs or Assistant Commissioner of Customs
binding himself to comply with all the conditions of this notification as well as to fulfill export obligation on
Free on Board (FOB) basis equivalent to six times the duty saved on the goods imported as may be
specified on the authorisation, or for such higher sum as may be fixed or endorsed by the Regional
Authority in terms of Para 5.16 of the Handbook of Procedures, within a period of six years from the
date of issue of Authorisation, in the following proportions, namely :-
______________________________________________________________________________________________
S. No. Period from the date Proportion of total
of issue of Authorisation export obligation
______________________________________________________________________________________________
(1) (2) (3)
______________________________________________________________________________________________
1. Block of 1st to 4th year Minimum
50%
2. Block of 5th and 6th year Balance
______________________________________________________________________________________________
Provided that in case the authorisation is issued to a CSP, the CSP shall execute the bond with bank
guarantee and the bank guarantee shall be equivalent to 100% of the duty foregone, and the bank
guarantee shall be given by CSP or by anyone of the users or a combination thereof, at the option of
the CSP:
Provided further that the export obligation shall be 75% of the normal export obligation specified
above when fulfilled by export of following green technology products, namely, equipment for solar
energy decentralised and grid connected products, bio-mass gassifier, bio-mass or waste boiler, vapour
absorption chillers, waste heat boiler, waste heat recovery units, unfired heat recovery steam gen-
erators, wind turbine, solar collector and parts thereof, water treatment plants, wind mill and wind
mill turbine or engine, other generating sets - wind powered, electrically operated vehicles - motor
cars, electrically operated vehicles - lorries and trucks, electrically operated vehicles - motor cycle
and mopeds, and solar cells:
Provided also that for units located in Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur,
Meghalaya, Mizoram, Nagaland, Sikkim and Tripura, the export obligation shall be 25% of the normal
export obligation specified above:
Provided also that where a sick unit holding EPCG authorisation is notified by the Board for Indus-
trial and Financial Reconstruction (BIFR) or where a rehabilitation scheme is announced by the
concerned State Government in respect of sick unit holding EPCG authorisation for its revival, the
export obligation may be fulfilled within time period allowed by the Regional Authority as per the
rehabilitation package prepared by the operating agency and approved by BIFR or rehabilitation
GENERAL EXEMPTION NO. 52-A 1158
department of State Government. In cases where the time period is not specified in the rehabilitation
package, the export obligation may be fulfilled within the period specified in paragraph 5.05 of the
Foreign Trade Policy;
(6) that if the importer does not claim exemption from the additional duty leviable under sub-
sections (1), (3) and (5) of section 3 of the Customs Tariff Act, 1975, the additional duty so paid by
him shall not be taken for computation of the net duty saved for the purpose of fixation of export
obligation provided the Cenvat credit of additional duty paid has not been taken;
(7) that the importer, including a CSP, produces within 30 days from the expiry of each block
from the date of issue of authorisation or within such extended period as the Deputy Commissioner
of Customs or Assistant Commissioner of Customs may allow, evidence to the satisfaction of the
Deputy Commissioner of Customs or Assistant Commissioner of Customs showing the extent of
export obligation fulfilled, and where the export obligation of any particular block is not fulfilled in
terms of the condition (5), the importer shall within three months from the expiry of the said block pay
duties of customs equal to an amount which bears the same proportion to the duties leviable on the
goods, but for the exemption contained herein, which the unfulfilled portion of the export obligation
bears to the total export obligation, together with interest at the rate of fifteen per cent. per annum
from the date of clearance of the goods;
(8) that where the importer fulfills 75% or more of the export obligation as specified in condition
(5) [over and above 100% of the average export obligation] within half of the period specified for
export obligation as mentioned in condition (5), his balance export obligation shall be condoned and he
shall be treated to have fulfilled the entire export obligation;
(9) that the capital goods imported, assembled or manufactured, are installed and put to use,
after their import, in the importer's factory or premises and a certificate from the Deputy Commis-
sioner of Customs or Assistant Commissioner of Customs having jurisdiction over importer's factory
or premises or from an independent Chartered Engineer, is produced within a period of six months
from the date of completion of imports before the Deputy Commissioner of Customs or Assistant
Commissioner of Customs at the port of import confirming such installation and use of the capital
goods in the importer's factory or premises:
Provided that where the Regional Authority grants extension of the said period beyond six
months from the date of completion of imports, the said overall period shall be extended by the
Deputy Commissioner of Customs or Assistant Commissioner of Customs as the case may be:
Provided further that an importer (including an importer who is a CSP) opting for the inde-
pendent Chartered Engineer's certificate shall send a copy of the certificate, upon its issuance, to the
jurisdictional Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case
may be, having jurisdiction over importer's factory or premises, as intimation or record:
Provided also that in case of import of spares, the installation certificate shall be produced
within three years from the date of import :
Provided also that in the case of manufacturer exporter and merchant exporter having sup-
porting manufacturers or in the case of import of irrigation equipment for use in contract farming for
export of agricultural products or in the case of importer rendering services, the capital goods may be
installed at the factory or premises of such other person whose name and address is endorsed, prior
to installation, by the Regional Authority on the authorisation referred to in condition (1). This would
apply even when Regional Authority endorses a change in the factory or premises or person. The
GENERAL EXEMPTION NO. 52-A 1159
name and address of such other person shall also be mentioned on the relevant shipping bills. This
shall not apply to a CSP:
Provided also that agro units located in Agri Export Zones or service providers in Agri
Export Zones may move the capital goods within the Agri Export Zones under intimation to the
jurisdictional Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case
may be, subject to the condition that the importer shall maintain accurate record of such movement;
(10) that the imports and exports are undertaken through the seaports, airports or through the
inland container depots or through the land customs stations as mentioned in the Table 2 annexed
hereto or a Special Economic Zone notified under section 4 of the Special Economic Zones Act, 2005
(28 of 2005):
Provided that the Commissioner of Customs may, by special order or a public notice and
subject to such conditions as may be specified by him, permit import and export through any other
sea-port, airport, inland container depot or through a land customs station within his jurisdiction;
(11) that notwithstanding anything contained in condition (5) above, where the Regional
Authority grants extension of block-wise period for any block(s) or overall period of fulfillment of
export obligation up to a period of two years or regularization of shortfall in export obligation, not
exceeding five percent of such export obligation, the said block-wise period or overall period of
export obligation shall be extended or condoned by the Deputy Commissioner of Customs or Assis-
tant Commissioner of Customs, as the case may be:
Provided that in respect of sick units referred to in the fourth proviso to condition (5) above,
extension of overall period of export obligation shall not be allowed.
3. Where the goods specified in the Table 1 are found defective or unfit for use, the said goods may be
re-exported back to the foreign supplier within three years from date of clearance of said goods:
Provided that at the time of re-export, the goods are identified to the satisfaction of the Deputy Commissioner
of Customs or Assistant Commissioner of Customs, as the case may be, to be the same as the goods which
were imported.
Explanation - For the purpose of this notification,-
(A) "Capital goods" has the same meaning as assigned to it in paragraph 9.08 of the Foreign Trade
Policy;
(B) "Common Service Provider" (CSP) means a service provider who is designated or certified as a
Common Service Provider by the Director General of Foreign Trade, Department of Commerce or State
Industrial Infrastructural Corporation in a Town of Export Excellence;
(C) "Export obligation",-
(I) means obligation on the importer to export to a place outside India, goods manufactured or
capable of being manufactured or services rendered by the use of capital goods imported in terms of
this notification and the export obligation shall be over and above the average level of exports
achieved by the importer in the preceding three licensing years for the same and similar products
within the overall export obligation period including the extended period, if any and such average shall
be the arithmetic mean of export performance in the last three years for the same and similar
products:
GENERAL EXEMPTION NO. 52-A 1160
Provided that in case of export of goods relating to handicraft, handlooms, cottage, tiny sector,
agriculture, animal husbandry, floriculture, horticulture, pisciculture, viticulture, poultry, sericulture,
carpet, coir and jute, the importer shall not be required to maintain the average level of exports:
Provided also that in case of export of goods relating to aquaculture (including fisheries), the importer
shall not be required to maintain the average level of exports subject to the condition that EPCG
authorisation has been obtained for goods other than fishing trawlers, boats, ships and other similar
items:
Provided also that the goods, excepting tools, imported under this notification by the aforesaid sec-
tors, shall not be allowed to be transferred for a period of five years from the date of imports even in
cases where export obligation has been fulfilled:
Provided also that exports made to such countries as notified by Director General of Foreign Trade,
shall not be counted for fixing the average level of exports:
Provided also that exports against only such shipping bills which mention the authorisation number
and date of the authorisation shall be counted for the fulfillment of the export obligation:
(i) the reference to 'importer' in this Explanation shall be taken to mean a reference
to 'CSP and specific users whose details are informed prior to export by CSP to the Regional Author-
ity';
(ii) for the exports by users of the common service to be counted towards fulfilment
of export obligation of CSP, the respective shipping bills of the users of common service shall contain
the authorisation details of the CSP and the concerned Regional Authority shall be in
formed about the details of the users prior to such export; and
(iii) the exports counted against the authorisation in terms of this notification shall not
be counted towards fulfillment of specific export obligations against all other authorisations issued
to the CSP or user under Chapter 5 of the Foreign Trade Policy, including para 5.28 of Handbook
of Procedures;
(II) shall be fulfilled through physical exports and the export proceeds realised in freely convertible
currency. However, in authorisations where exemption from integrated tax and goods and service
tax compensation cess is not availed, the following categories of supplies, shall also be counted
towards fulfilment of export obligation:
(i) supply of goods against Advance Authorisation or Advance Authorisation for annual requirement
or Duty Free Import Authorisation Scheme;
(ii) supply of goods to Export Oriented Units or Software Technology Parks or Electronic Hardware
Technology Parks or Biotechnology Park;
(iii) supply of goods to projects financed by multilateral or bilateral agencies or funds as notified by
Department of Economic Affairs, Ministry of Finance under International Competitive Bidding (ICB)
GENERAL EXEMPTION NO. 52-A 1161
in accordance with the procedures of those agencies or funds, where legal agreements provide for
tender evaluation without including customs duty;
(iv) supply and installation of goods and equipment (single responsibility of turnkey contracts) to
projects financed by multilateral or bilateral agencies or funds as notified by Department of Eco-
nomic Affairs, Ministry of Finance under ICB in accordance with the procedures of those agencies
or funds, where bids may have been invited and evaluated on the basis of Delivered Duty Paid
(DDP) prices for goods manufactured abroad;
(v) supply of goods to any project or purpose in respect of which the Ministry of Finance, by
Notification No. 12/2012-Customs dated 17-3-2012, as amended from time to time, permits import of
such goods at zero customs duty subject to conditions specified in the said Notification and the supply
is made under ICB procedure;
(vi) supply of goods required for setting up of any of the mega power projects specified in the list 32A
at Sl. No. 507 of Notification No. 12/2012- Customs dated 17.03.2012, as amended from time to
time, provided the mega power project conforms to the threshold generation capacity specified in the
said Notification. The supply should be made under ICB procedure. The ICB condition shall not be
mandatory if the requisite quantum of power has been tied up through tariff based competitive
bidding or if the project has been awarded through tariff based competitive bidding;
(vii) Supply of goods to nuclear power projects through National Competitive Bidding (NCB) or
through ICB as provided in clause(h) of para 7.02 of Foreign Trade Policy:
(b) supply of ITA-1 items to Domestic Tariff Area, provided realization is in free foreign
exchange;
(c) royalty payments received in freely convertible currency and foreign exchange received for
Research and Development (R&D) services; and
(d) payments received in Rupee terms for such services as are specified in paragraph 5.04(h) of the
Foreign Trade Policy.
(D) "Foreign Trade Policy" means the Foreign Trade Policy, 2015-2020, published by the Govern-
ment of India in the Ministry of Commerce and Industry vide notification No. 01/2015-2020, dated
the 1st April 2015 as amended from time to time;
(E) "Handbook of Procedures" means the Handbook of Procedures 2015-20 published by the Gov-
ernment of India in the Ministry of Commerce and Industry vide public notice No. 01/2015-2020,
dated the 1stApril 2015 as amended from time to time;
(F) "Manufacture" has the same meaning as defined in clause (f) of section 2 of the Central
Excise Act, 1944 (1 of 1944);
(G) "Regional Authority" means the Director General of Foreign Trade appointed under section
6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised
by him to grant an authorisation including a duty credit scrip under the said Act.
Table 1
______________________________________________________________________________________________
S. No. Description of goods
______________________________________________________________________________________________
(1) (2)
GENERAL EXEMPTION NO. 52-A 1162
______________________________________________________________________________________________
1. Capital goods for pre-production, production and post-production
2. Capital goods in Semi Knocked Down (SKD) / Completely Knocked Down (CKD) conditions to be
assembled into capital goods by the importer
3. Spare parts of goods specified at Serial Nos.1 and 2 as actually imported and required for mainte
nance of capital goods so imported, assembled, or manufactured
4. Spare parts required for the existing plant and machinery of the importer
______________________________________________________________________________________________
Table 2
______________________________________________________________________________________________
S.No. Port, ICD, Located at
LCS
______________________________________________________________________________________________
1. Seaports Bedi (including Rozi-Jamnagar), Chennai, Cochin, Dahej, Dhamra, Dharamtar, Dighi,
Haldia (Haldia Dock Complex of Kolkata Port), Hazira (Surat), Kakinada, Kandla,
Kattupalli (Tamil Nadu), Kolkata, Krishnapatnam, Ennore(Tamil Nadu), Karaikal
(Union territory of Puducherry), Magdalla, Mangalore, Marmagoa,Muldwarka,
Mumbai, Mundra, Nagapattinam, Nhava Sheva, Okha, Paradeep, Pipavav,
Porbander,Sikka, Tuticorin, Visakhapatnam and Vadinar.
2. Airports Ahmedabad, Bengaluru, Bhubaneswar, Calicut, Chennai, Cochin, Coimbatore,
Dabolim (Goa), Delhi, Hyderabad, Indore, Jaipur, Kolkata, Lucknow (Amausi),
Mumbai, Nagpur, Rajasansi(Amritsar), Srinagar, Trivandrum, Varanasi and
Visakhapatnam.
3. Inland Agra, Ahmedabad, Anaparthy (Andhra Pradesh), Melpakkam Village (Arakkonam
Container Taluk,Vellore District), Babarpur, Bengaluru, Bhadohi, Bhatinda, Bhilwara, Bhiwadi,
Depots Bhusawal, Chettipalayam(Tamil Nadu), Chheharata (Amritsar), Coimbatore, Dadri,
Dappar (Dera Bassi), Daulatabad(Wanjarwadi and Maliwada), Delhi, Dhannad Rau
(District Indore), Dighi (Pune), Durgapur (Export Promotion Industrial Park),
Faridabad, Garhi Harsaru, Gauhati, Guntur, Hosur (Tamil Nadu), Hyderabad, Irugur
Village (Tamil Nadu), Irungattukottai (SIPCOT Industrial Park, Kattrambakkam
Village, Sriperumbudur Taluk, Kanchipuram District, Tamil Nadu), Jaipur, Jallandhar,
Jamshedpur, Jodhpur, Kalinganagar, Kanpur, Karur,Kheda (Pithampur, District Dhar),
Kota, Kundli, Loni (District Ghaziabad), Ludhiana, Madurai,Malanpur, Mandideep
(District Raisen), Marripalem Village (in Edlapadu Taluk of District Guntur),Miraj,
Moradabad, Nagpur, Nasik, Nattakkam Village (Kottayam Taluk and District), Patli
(Gurgaon), Pimpri (Pune), Pitampur (Indore), Pondicherry, Raipur, Rewari, Rudrapur
(Nainital), Salem, Singanalur, Surat, Surajpur, Talegaon (District Pune),Thudiyalur
(Tamil Nadu), Tirupur, Tondiarpet (TNPM) in Chennai, Tumb Village (Taluka
Umbergaon, District Valsad), Tuticorin, Udaipur, Vadodara, Varanasi, Veerapandi
(Tamil Nadu) and Waluj (Aurangabad).
4. Land Agartala, Amritsar Rail Cargo, Attari Road, Changrabandha, Dawki, Ghojadanga,
Customs Hilli, Jogbani, Mahadipur, Nepalganj Road, Nautanva (Sonauli), Petrapole, Ranaghat,
Stations Raxaul,Singhabad and Sutarkhandi.
______________________________________________________________________________________________
GENERAL EXEMPTION NO. 52-B 1163
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods when imported into India against a Post Export EPCG duty credit scrip issued by the Regional
Authority in accordance with paragraph 5.12 of the Foreign Trade Policy which provides for duty remission
in proportion to export obligation fulfilled (hereinafter referred to as the said scrip) from,-
(a) the whole of the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act,
1975 (51 of 1975); and
(b) the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3 of the said
Customs Tariff Act.
2. The exemption under this notification shall be subject to the following conditions, namely:-
(1) that the said scrip is granted against a valid authorisation issued under para 5.28 of the Handbook of
Procedures (hereinafter referred to as the said authorisation) by the Regional Authority to an applicant
(hereinafter referred as the authorisation holder) who opted for the scheme of Post Export EPCG Duty
Credit Scrip:
(2) that the said authorisation is not for import under duty exemption but for import of the goods specified
in the Table annexed hereto on full payment of applicable duties in cash;
(3) that the said authorisation is registered at the port of import specified in the said authorisation and the
goods, which are specified in the Table annexed hereto, are imported within eighteen months from the date of
issue of the said authorisation on full payment of applicable duties in cash, and the said authorisation is
produced before the proper officer of customs at the time of clearance of the goods for endorsement of the
import particulars and in cases where the authorisation holder has opted that the Cenvat Credit under Cenvat
Credit Rules, 2004 in respect of the additional duty under section 3 of the Customs Tariff Act , 1975 (51 of
1975) paid (hereinafter referred to as additional duty of customs) shall not be taken, the proper officer
endorses “Not valid for Cenvat Credit” on the bill of entry:
Provided that the goods imported should not fall under clause (f) of paragraph 5.01 of Foreign Trade
Policy:
Provided further that catalyst for one subsequent charge shall be allowed, under the authorisation in
which plant, machinery or equipment and catalyst for initial charge have been imported, except in cases
where the Regional Authority issues a separate authorisation for catalyst for one subsequent charge after the
plant, machinery or equipment and catalyst for initial charge have already been imported;
(4) that the capital goods imported under the said authorisation are installed and put to use, after their
import, in the authorisation holder's factory or premises and at the time of registration of the said scrip a
GENERAL EXEMPTION NO. 52-B 1164
certificate, confirming such installation and use of the goods, from the jurisdictional Deputy Commissioner of
Customs or Assistant Commissioner of Customs having jurisdiction over authorization holder's factory or
premises, as the case may be, or from an independent Chartered Engineer, which has been issued prior to the
date of the first application filed by the authorisation holder for issuance of duty credit scrip against the said
authorisation, is produced before the Deputy Commissioner of Customs or the Assistant Commissioner of
Customs at port of registration, as the case may be:
Provided that an authorisation holder (including an authorisation holder who is a CSP) opting for the
independent Chartered Engineer's certificate shall send a copy of the certificate, upon its issuance, to the
jurisdictional Deputy Commissioner of Customs or the Assistant Commissioner of Customs, as the case may
be, as intimation or record:
Provided further that in the case of manufacturer authorisation holder and merchant authorisation
holder having supporting manufacturers or in the case of import of irrigation equipment for use in contract
farming for export of agricultural products or in the case of authorisation holder rendering services, the
capital goods may be installed at the factory or premises of such other person whose name and address is
endorsed, prior to installation, by the Regional Authority on the said authorisation. This would apply even
when Regional Authority endorses a change in the factory or premises or person. The name and address of
such other person shall also be mentioned on the shipping bills for fulfillment of the export obligation and the
authorisation holder and such other person jointly and severally fulfill the export obligation and all other
conditions. This shall not apply to a CSP:
Provided also that agro units located in Agri Export Zones or service providers in Agri Export Zones
may move the capital goods within the Agri Export Zones under intimation to the jurisdictional Deputy Com-
missioner of Customs or Assistant Commissioner of Customs, as the case may be, subject to the condition
that the authorisation holder shall maintain accurate record of such movement;
(5) that where the goods imported under the said authorisation are found defective or unfit for use, they
may be re-exported back to the foreign supplier within three years from the date of clearance of said goods
subject to the condition that,-
(a) at the time of re-export, the goods are identified to the satisfaction of the Deputy Commissioner of
Customs or Assistant Commissioner of Customs, as the case may be, to be the same goods which were
imported;
(b) when the re-export of the goods has been made under claim of duty drawback, no duty remission in the
form of duty credit scrip for the duty paid at the time of import on the re-exported goods shall be allowed;
(c) after any duty remission in the form of duty credit scrip has been claimed in respect of the duty paid on the
goods imported under the said authorisation, no duty drawback shall be allowed when the goods are re-
exported and the export obligation shall also not be re-fixed;
(6) that goods imported under the said authorisation are not disposed of or transferred by sale or lease or
any other manner by the authorisation holder till the date of last export against which the said scrip is issued;
(7) that the total export obligation to be fulfilled is equivalent to eighty five per cent. (85%) of six times
the amount which is the sum of applicable duty of customs under the First Schedule to the Customs Tariff
GENERAL EXEMPTION NO. 52-B 1165
Act, 1975 (51 of 1975) paid (hereinafter referred to as basic customs duty), additional duty of customs,
Education Cess under section 94 of the Finance (No.2) Act, 2004 (23 of 2004) paid and Secondary and
Higher Education Cess under section 136 of the Finance Act, 2007 (22 of 2007) paid on goods imported under
the said authorisation, on Free On Board basis, which is to be fulfilled within an export obligation period of six
years from the date of issue of the said authorisation:
Provided that additional duty of customs shall not be taken for computation for the purpose of fixation of
export obligation when the Cenvat Credit in respect of additional duty of customs has not been taken:
Provided further that the export obligation shall be 75% of the export obligation specified above when fulfilled
by export of following green technology products, namely, equipment for solar energy decentralised and grid
connected products, bio-mass gassifier, bio-mass or waste boiler, vapour absorption chillers, waste heat
boiler, waste heat recovery units, unfired heat recovery steam generators, wind turbine, solar collector and
parts thereof, water treatment plants, wind mill and wind mill turbine or engine, other generating sets - wind
powered, electrically operated vehicles . motor cars, electrically operated vehicles - lorries and trucks, elec-
trically operated vehicles - motor cycle and mopeds, and solar cells:
Provided also that for units located in Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur, Meghalaya,
Mizoram, Nagaland, Sikkim and Tripura, the export obligation shall be 25% of the export obligation specified
above:
Provided also that where a sick unit holding said authorisation is notified by the Board for Industrial and
Financial Reconstruction (BIFR) or where a rehabilitation scheme is announced by the concerned State
Government in respect of sick unit holding said authorisation for its revival, the export obligation may be
fulfilled within time period allowed by the Regional Authority as per the rehabilitation package prepared by
the operating agency and approved by BIFR or rehabilitation department of State Government. In cases
where the time period is not specified in the rehabilitation package, the export obligation may be fulfilled
within the period specified in paragraph 5.05 of the Foreign Trade Policy;
(8) that the duty remission granted as duty credit in the said scrip bears the same proportion to the amount
which is the basic customs duty on the goods imported under the said authorisation which were considered
for fixation of export obligation, as the extent of export obligation fulfilled (over and above the average export
obligation) bears to the total export obligation:
(a) the amount of duty remission shall not include the duty paid, any portion of which has been rebated,
including by way of duty drawback;
(b) the amount of duty remission shall not include the duty paid which are not assessed finally;
(c) extent of export obligation fulfilled shall be the export obligation fulfilled till the last export included in the
said scrip less the export obligations fulfilled that have been counted towards the previously issued duty credit
scrips against the said authorisation;
(d) in condition (c) above, the export obligation fulfilled till the last export included in the said scrip shall be
taken as the total export obligation fulfilled in the following cases -
GENERAL EXEMPTION NO. 52-B 1166
(i) where the authorisation holder fulfills seventy five per cent. (75%) or more of the export obligation as
specified in condition (7) [over and above hundred per cent. (100%) of the average export obligation], within
half of the period specified for export obligation as mentioned in said condition (7), in which case the balance
export obligation shall stand condoned;
(ii) where the Regional Authority regularizes shortfall, in the export obligation as specified in condition (7), not
exceeding five per cent. (5%) of such export obligation, in which case the said shortfall shall be condoned;
(e) Explanation 2 to this notification relating to ‘Export obligation’ shall apply severally to each duty credit
scrip, including the said scrip, issued against the said authorisation;
(f) the exports and supplies made within the export obligation period specified in condition (7) shall count
towards fulfillment of export obligation;
(g) for fulfillment of export obligation, the payments against exports or supplies should have been realised.
(9) that where the first proviso to condition (7) is applied, the Cenvat Credit in respect of additional duty
of customs shall not been taken and at the time of registration of the said scrip a certificate, from the
jurisdictional Deputy Commissioner of Central Excise or Assistant Commissioner of Central Excise, as the
case may be, to the effect that Cenvat Credit in respect of additional duty of customs on goods imported
under the said authorisation has not been taken, is produced by the authorisation holder before the Deputy
Commissioner of Customs or the Assistant Commissioner of Customs, as the case may be:
Provided that when the authorisation holder is not registered with Central Excise, he may produce the said
certificate on self-certification basis;
(10) that the duty remission in the said scrip does not relate to duties paid on the imports made under the
said authorisation which have not been installed and put to use;
(11) that the duty remission in the said scrip has not been obtained as a consequence of indigenous
sourcing of capital goods;
(12) that the said scrip is issued, on request of the authorisation holder in form ANF5B for duty remission,
by the Regional Authority specifying the same port of registration as mentioned in the said authorisation and
it indicates details of the said authorisation, total export obligation fixed and its calculation, details of previous
duty credit scrips issued against the said authorisation and the calculation of duty credit;
(13) that the imports under the said authorisation, the exports for fulfilling the export obligations and
import of goods against the said scrip are undertaken through the seaports, airports or through the inland
container depots or through the land customs stations as mentioned in the Table 2 annexed to the Notification
No 16/ 2015- Customs dated 01.04.2015 or a Special Economic Zone notified under section 4 of the Special
Economic Zones Act, 2005 (28 of 2005):
Provided that the Commissioner of Customs may, by special order or a public notice and subject to such
conditions as may be specified by him, permit import and export through any other sea-port, airport, inland
container depot or through a land customs station within his jurisdiction;
GENERAL EXEMPTION NO. 52-B 1167
(14) that for the purposes of registration, the said scrip is produced by the authorisation holder at the
specified port of registration before the Deputy Commissioner of Customs or the Assistant Commissioner of
Customs, as the case may be, along with –
(a) the said authorisation and the bill(s) of entry under which the imports under the said authorisation were
made on payment of applicable duties in cash;
(b) evidence showing the extent of export obligation fulfilled within the export obligation period;
(c) certificate confirming installation and use as prescribed in condition (4) above;
(d) certificate that Cenvat Credit has not been taken as prescribed in condition (9) above, where
applicable;
(i) the goods imported under the said authorisation have not been disposed of or transferred by sale
or lease or any other manner till the date of last export against which the said scrip is issued;
(ii) the duty remission in the said scrip does not include the duty paid, any portion of which has been
rebated, including by way of duty drawback; and
(iii) all the conditions have been complied with respect to the duty credit in the said scrip,
and the said Deputy Commissioner or Assistant Commissioner, as the case may be, upon being satisfied,
allows the said scrip to be registered and the Customs authority endorses details of the said scrip and the
remark “Drawback not available on re-export” on the bill(s) of entry, and registers the said scrip;
(15) that the said scrip and goods imported against it shall be freely transferable;
(16) that the said scrip is produced before the proper officer of customs at the time of clearance for debit
of the duties leviable on the goods and the proper officer taking into account the debits already made under
this exemption and the debits made under the notification No. 18 of 2015 - Central Excise, dated the 1st April,
2015, debits the duties leviable on the goods, but for this exemption;
(17) that the validity of the said scrip shall be eighteen months from the date of issue and the said scrip
shall be valid on the date on which actual debit of duty is made;
(18) that where the importer, under this notification, does not claim exemption from the additional duty of
customs leviable under sub-sections (1), (3) and (5) of section 3 of the Customs Tariff Act, 1975 (51 of 1975)
he shall be deemed not to have availed the benefit under this notification for the purpose of calculation of the
said additional duty of customs;
(19) that the benefit under this notification shall not be available to the items listed in Appendix 3A of
Appendices and Ayat Niryat Forms;
GENERAL EXEMPTION NO. 52-B 1168
(20) that the importer shall be entitled to avail of the drawback of the duty of Customs leviable under the
First Schedule to the said Customs Tariff Act against the amount debited in the said scrip;
(21) that the importer shall be entitled to avail of the drawback or Cenvat credit of additional duty leviable
under sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff Act against the amount debited in
the said scrip.
(A) “Capital goods” has the same meaning as assigned to it in paragraph of 9.08 of the Foreign Trade Policy;
(B) “Common Service Provider” (CSP) means a service provider who is designated or certified as a Com-
mon Service Provider by the Director General of Foreign Trade (DGFT), Department of Commerce or State
Industrial Infrastructural Corporation in a Town of Export Excellence;
(I) means obligation on the authorisation holder to export to a place outside India, goods manufactured
or capable of being manufactured or services rendered by the use of capital goods imported under the said
authorisation and the export obligation shall be over and above the average level of exports achieved by the
authorisation holder in the preceding three licensing years for the same and similar products within the export
obligation period and such average shall be the arithmetic mean of export performance in the last three years
for the same and similar products:
Provided that in case of export of goods relating to handicraft, handlooms, cottage, tiny sector, agriculture,
animal husbandry, floriculture, horticulture, pisciculture, viticulture, poultry, sericulture, carpet, coir and jute,
the authorisation holder shall not be required to maintain the average level of exports:
Provided further that in case of export of goods relating to aquaculture (including fisheries), the authorisation
holder shall not be required to maintain the average level of exports subject to the condition that said authorisation
has been obtained for goods other than fishing trawlers, boats, ships and other similar items:
Provided also that the goods, excepting tools, imported under said authorisation by the aforesaid sectors, shall
not be allowed to be transferred for a period of five years from the date of imports even in cases where
export obligation has been fulfilled:
Provided also that exports made to such countries as notified by Director General of Foreign Trade, shall not
be counted for fixing the average level of exports:
Provided also that exports against only such shipping bills which mention the authorisation number and date of
the said authorisation shall be counted for the fulfillment of the export obligation;
(i) the reference to ‘authorisation holder’ in this Explanation shall be taken to mean a reference to
‘CSP and specific users whose details are informed prior to export by CSP to the Regional Authority’;
GENERAL EXEMPTION NO. 52-B 1169
(ii) for the exports by users of the common service to be counted towards fulfillment of export
obligation of CSP, the respective shipping bills of the users of common service shall contain the authorisation
details of the CSP and the concerned Regional Authority shall be informed about the details of the users prior
to such export; and
(iii) the exports counted against the authorisation shall not be counted towards fulfillment of other
specific export obligations against all other authorisations issued under Chapter 5 of the Foreign Trade Policy,
including para 5.28 of Handbook of Procedures;
(II) shall be fulfilled through physical exports and the export proceeds realised in freely convertible
currency. However the following categories of supplies shall also be counted towards fulfillment of export
obligation:
(i) supply of goods against Advance Authorisation or Advance Authorisation for annual requirement or
Duty Free Import Authorisation Scheme;
(ii) supply of goods to Export Oriented Units or Software Technology Parks or Electronic Hardware
Technology Parks or Biotechnology Park;
(iii) supply of goods to projects financed by multilateral or bilateral agencies or funds as notified by
Department of Economic Affairs, Ministry of Finance under International Competitive Bidding (ICB) in
accordance with the procedures of those agencies or funds, where legal agreements provide for tender
evaluation without including customs duty;
(iv) supply and installation of goods and equipment (single responsibility of turnkey contracts) to projects
financed by multilateral or bilateral agencies or funds as notified by Department of Economic Affairs, Minis-
try of Finance under ICB in accordance with the procedures of those agencies or funds, where bids may
have been invited and evaluated on the basis of Delivered Duty Paid (DDP) prices for goods manufactured
abroad;
(v) supply of goods to any project or purpose in respect of which the Ministry of Finance, by Notification
No. 12/2012-Customs dated 17-3-2012, as amended from time to time, permits import of such goods at zero
customs duty subject to conditions specified in the said Notification and the supply is made under ICB
procedure;
(vi) supply of goods required for setting up of any of the mega power projects specified in the list 32A at
Sl. No. 507 of Notification No. 12/2012- Customs dated 17.03.2012, as amended from time to time, provided
the mega power project conforms to the threshold generation capacity specified in the said Notification. The
supply should be made under ICB procedure. The ICB condition shall not be mandatory if the requisite
quantum of power has been tied up through tariff based competitive bidding or if the project has been
awarded through tariff based competitive bidding;
(vii) Supply of goods to nuclear power projects through National Competitive Bidding (NCB) or through
ICB as provided in clause(h) of para 7.02 of Foreign Trade Policy:
GENERAL EXEMPTION NO. 52-B 1170
(b) supply of ITA-1 items to Domestic Tariff Area, provided realisation is in free foreign exchange;
(c) royalty payments received in freely convertible currency and foreign exchange received for Research
and Development (R&D) services; and
(d) payments received in Rupee terms for such services as are specified in paragraph 5.04(h) of the Foreign
Trade Policy.
(D) "Foreign Trade Policy" means the Foreign Trade Policy, 2015-2020, published by the Government of
India in the Ministry of Commerce and Industry vide notification No. 01/2015-2020, dated the 1st April 2015
as amended from time to time;
(E) “Handbook of Procedures” means the Handbook of Procedures 2015-20 published by the Government
of India in the Ministry of Commerce and Industry vide public notice No. 01/2015-2020, dated the 1st April
2015 as amended from time to time;
(F) “Manufacture” has the same meaning as defined in clause (f) of section 2 of the Central Excise Act, 1944
(1 of 1944);
(G) “Regional Authority” means the Director General of Foreign Trade appointed under section 6 of the
Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorized by him to grant
an authorisation including a duty credit scrip under the said Act;
Table
______________________________________________________________________________________________
S. No. Description of goods
______________________________________________________________________________________________
(1) (2)
______________________________________________________________________________________________
1. Capital goods for pre-production, production and post-production
2. Capital goods in Semi Knocked Down (SKD) / Completely Knocked Down (CKD) conditions to be
assembled into capital goods by the authorisation holder
3. Spare parts of goods specified at Serial Nos.1 and 2 as actually imported and required for mainte
nance of capital goods so imported, assembled, or manufactured
4. Spare parts required for the existing plant and machinery of the authorisation holder
______________________________________________________________________________________________
GENERAL EXEMPTION NO. 53 1171
Exemption to specified goods imported on procured by EOU's, STP Units, EHTP units etc. for
specified purposes:
[Notfn. No. 52/03-Cus. dt. 31.3.2003 as amended by Notfn. Nos.1/04, 31/04, 40/04, 87/04, 50/05,
44/06, 5/07, 76/07, 84/07, 47/08, 60/08, 18/09, 106/09, 53/12, 33/15, 34/15, 55/15, 44/16(changes
w.e.f. 13.8.16), 59/17, 78/17, 33/18, 65/18, 79/18, 9/19, 16/2020]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962) (hereinafter referred to as the said Customs Act), the Central Government, being satisfied that it is
necessary in the public interest so to do, hereby exempts,-
(i) manufacture of articles for export or for being used in connection with the production or
packaging or job work for export of goods or services by export oriented undertaking (hereinafter
referred to as the unit ) other than those referred to in clauses (b), (c) and (e), or
(ii) manufacture or development of software, data entry and conversion, data processing,
data analysis and control data management or call center services for export by Software Technology
Park (STP) unit, or a unit in Software Technology Park Complex under the export oriented scheme (
hereinafter referred to as the unit) ; or
(iii) manufacture and development of electronics hardware or electronics hardware and software
in an integrated manner for export by an Electronic Hardware Technology Park ( EHTP) unit or a unit
in Electronic Hardware Technology Park Complex under the export oriented scheme (hereinafter referred to
as the unit ); or
a Public Warehouse or a Private Warehouse appointed or licensed, as the case may be, under section 57 or
section 58 of the said Customs Act or from international exhibition held in India for the purposes of quarrying
of granite by export oriented undertaking engaged in processing and manufacture or production
of articles of granite for export (hereinafter referred to as the unit) ; or
(f) all goods specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (except
those which are prohibited for import under any law for the time being in force) when imported for
the purpose of trading by the trading units which were in existence prior to the 31st March, 2002
and having valid letter of permission to continue under the Export Oriented Undertaking Scheme.
from -
(A) the whole of the duty of customs leviable thereon under the First-Schedule to the Customs Tariff Act,
1975 (51 of 1975) and the additional duty, if any, leviable thereon under sub-sections (1), (3) and (5) of section
3 of the said Customs Tariff Act; and
(B) the integrated tax and compensation cess leviable thereon under sub-sections (7) and (9), respectively
of section 3 of the said Customs Tariff Act:
Provided that nothing contained in clause (B) above shall apply on or after the 1st day of April, 2021,
subject to the following conditions, namely:-
(1) The importer has been authorised by the Development Commissioner to establish the unit for the purposes
specified in clauses (a) to (e) of the opening paragraph of this notification;
(2) The unit carries out the manufacture, production, packaging or job-work or service in subject to such
conditions as may be specified by the Deputy Commissioner of Customs or Assistant Commissioner of
Customs or Deputy Commissioner of Central Excise or Assistant Commissioner of Central Excise, as the
case may be, (hereinafter referred as the said officer) in this behalf;
2A. The unit shall follow the procedure prescribed under rule 5 of the Customs (Import of Goods at Concessional
Rate of Duty) Rules, 2017, for import of goods.
(3) The unit executes a bond in such form and for such sum and with such authority, as may be specified by
the said officer, binding himself,–
(a) to bring the said goods into the unit or and use them for the specified purpose mentioned in clauses
(a) to (e) in the opening paragraph of this notification ;
(b) to maintain proper account of the receipt, storage and utilization of the goods;
(c) to dispose of the goods or services, the articles produced, manufactured, processed and packaged
in the unit, or the waste, scrap and remnants arising out of such production, manufacture, processing or
packaging in the manner as provided in the Foreign Trade Policy and in this notification;
GENERAL EXEMPTION NO. 53 1173
(d) to pay on demand-
(I) an amount equal to duty leviable on the goods and interest at a rate as specified in the notification
of the Government of India in the Ministry of Finance (Department of Revenue,) issued under section 28AB
of the said Customs Act on the said duty from the date of duty free import of the said goods till the date of
payment of such duty, if -
(i) in the case of capital goods, such goods are not proved to the satisfaction of the said officer
to have been installed or otherwise used within the unit, within the period of validity of the Letter of
Permission (LoP);
(ii) in the case of goods other than capital goods, such goods as are not proved to the satisfaction of
the said officer to have been used in connection with the production or packaging of goods for export
out of India or cleared for home consumption within the period of validity of the Letter of
Permission (LoP)
(a) where no SION have been notified, the generation of waste, scrap and remnants upto 2% of input
quantity shall be allowed;
(b) where additional items other than those given in SION are required as input or where generation of
waste, scrap and remnants is beyond 2% of the input quantity, use of such goods shall be allowed on the basis
of self-declared norms till such norms are fixed on ad hoc basis by the jurisdictional Development Commis-
sioner within a period of three months from the date of self declared norms and the unit shall undertake to
adjust the self-declared/ ad hoc norms in accordance with norms as finally fixed by the Norms Committee
for the unit. The ad-hoc norms will continue till such time the final norms are fixed by the Norms Committee;
(c) in case of utilization of a large number of inputs, wide variation in quantum of consumption of inputs
or such other factors which render such fixation of SION difficult in the case of a particular unit, the Norms
Committee may refer the case to the Board of Approval for a decision.
(iii) in the case of,-
(a) goods produced or packaged, such goods have not been exported out of India,
and
(b) unused goods (including empty cones, bobbins or containers, if any, suitable for
repeated use) as have not been exported or cleared for home consumption,
within a period of one year from the date of import or procurement of such goods or within such
extended period as the said officer, as the case may be, on being satisfied that there is sufficient cause for not
using them as above within the said period, allow;
(4) The said officer may, subject to such conditions and limitations as may be imposed by him and subject to
GENERAL EXEMPTION NO. 53 1174
the provisions of the Foreign Trade Policy,–
(i) permit re-export of the goods;
(ii) Omitted
(iii) permit the goods (other than capital goods) or goods partially processed or manufactured or
packaged in the unit, to be taken outside the unit without payment of duty for the purpose of test, repairs,
replacement, calibration, refining, processing, display, job-work or any other operation necessary for
manufacture of final product and to be returned to the unit, thereafter or remove the same without payment
of duty under bond for export from job-worker’s premises:
Provided that in case of export from the job-worker’s premises, such job-worker shall be Central
Excise registrant under section 6 of the Central Excise Act, 1944 ( 1 of 1944), read with rule 9 of the Central
Excise Rules, 2017 or as a GST registrant under the Central Goods and Service Tax Act or the State Goods
and Service Tax Act or the Union Territory Goods and Service Tax Act, 2017 and rules made thereunder:
Provided further that waste or scrap or remnants generated during such process at the job-
worker’s premises shall be either returned to the unit or shall be cleared on payment of duty as if the said
waste, scrap or remnants have been cleared by the same unit;
Provided that in case of status holder, the capital goods may be taken out of the unit on the basis of prior
intimation to the said officer and no prior permission shall be required.
(iv) permit removal of moulds, jigs, tool, fixtures, tackles, instruments, hangers, patterns and drawings
without payment of duty to the premises of the sub-contractors subject to the condition that such goods shall
be brought back to the unit on completion of the job-work within the stipulated period as specified by the said
officer;
(v) permit the goods or goods partially processed or manufactured or packaged therefrom in the unit
to be taken out of India for the purpose of processing if such processing is not available in India, after the
approval of the Board of Approval, without payment of duty and to be returned to the unit thereafter,
subject to such condition or limitation, as may be specified by him in this behalf:
Provided that this condition shall not apply to the unit engaged in manufacture and export of gem
and jewellery;
(va) permit the goods partially processed or manufactured or packaged therefrom in the unit to be taken out
of India for the purpose of processing on subcontract basis and clear therefrom the goods so processed
without bringing back into India:
Provided that the goods partially processed or manufactured or packaged so taken out of India are
specified in the Letter of Permission or Letter of Intent issued by the Development Commissioner;
(4a) The unit may take outside the unit samples of manufactured goods to another unit in a special economic
zone or to other export oriented undertaking or Electronic Hardware Technology Park (EHTP) unit or Software
Technology Park (STP) unit, as the case may be, without payment of duty for display, after giving intimation
to the said officer subject to the condition that such sample shall be returned to the unit within a period of
thirty days of taking out the sample from the unit.
GENERAL EXEMPTION NO. 53 1175
(4b) The unit may transfer capital goods or goods manufactured, produced, processed or packaged in that
unit to any other unit in a Special Economic Zone(SEZ) or other Export Oriented Undertaking (EOU) or
Electronic Hardware Technology Park (EHTP) unit or Software Technology Park (STP) unit, as the case
may be, without payment of duty for the purpose of manufacture and export therefrom or for use within the
unit after giving prior intimation to the said officer, subject to maintenance of proper accounts of removal and
receipt of goods such transferred goods may also be returned by the second unit to the original unit in case
of rejection without payment of duty.
(4ba) In respect of a group of EOUs or EHTPs or STPs as the case may be, BTP units which source inputs
centrally in order to obtain bulk discount and, or, reduce cost of transportation and other logistics cost and, or,
to maintain effective supply chain, inter unit transfer of goods and services may be permitted on a case-to-
case basis by the Unit Approval Committee. In case inputs so sourced are imported and then transferred to
another unit, then value of the goods so transferred shall be taken as inflow for the unit transferring these
goods and as outflow for the unit receiving these goods, for the purpose of calculation of NFE.
(4c) The unit may remove the capital goods temporarily within the country without payment of duty for
the purposes of test, repair, calibration, refining and return thereof, after giving intimation to the said officer,
subject to maintenance of proper accounts of removal and receipt of goods.
(5) Omitted.
(6) The said officer may, subject to such conditions and limitations as may be imposed by him and subject to
the provisions of Foreign Trade Policy, permit the unit engaged in manufacture and export of gems and
jewellery, -
(i) to take out gold or silver or platinum for job-work in the Domestic Tariff Area and to bring back
the jewellery finished or semi-finished, including studded jewellery :
Provided that no cut and polished diamonds, precious stones or semi-precious stones shall be
allowed to be taken out of the unit;
(ii) to receive plain gold or plain silver or plain platinum jewellery from any place in India against
exchange of gold or silver or platinum, as the case may be, of the equivalent quantity in weight as that of the
said gold or silver or platinum contained in the said jewellery:
Provided that in case of activities mentioned at (i) and (ii) in this condition, the Domestic Tariff
Area unit supplying such jewellery against exchange of gold or silver or platinum or after jobwork shall not be
entitled for deemed export benefits and the said unit shall not be eligible for wastage or manufacturing loss
against exchange of such jewellery in case of activity as mentioned at (ii) above;
(iii) to re-export the imported goods and export the domestically procured goods including goods
generated out of partial processing or manufacturing from such goods;
beads and articles or the sale proceeds within a period of forty-five days from the date of departure through
normal banking channel;
Provided that in case of status holder, no approval of Development Commissioner or permission
of the said officer shall be essential and personal carriage of the goods may be undertaken after giving
intimation to the Development Commissioner and the said officer.
(v) with the approval of Development Commissioner, export of jewellery for holding, or participating
in, an exhibition abroad subject to the condition that the jewellery not sold shall be re-imported within sixty
days of the close of the exhibition;
Provided that in case of exhibition in USA, the time period for re-importing the jewellery shall be
ninety days.
(vi) to export jewellery including branded jewellery for display and sale in the permanent shops set up
abroad, provided that such items not sold abroad within one hundred eighty days, shall be re-imported within
next forty five days ;
(vii) to remove parts and tools of machines temporarily into Domestic Tariff Area without payment of
duty for the purpose of repairs and return thereof after such repairs;
(viii) to remove moulds, tools, patterns and drawing to the premises of the sub-contractors for jobwork
without payment of duty and to be returned to the unit thereafter within the period specified in this behalf by
the said officer;
(ix ) to send scrap, dust or sweepings of gold or silver arising in the manufacturing process in its unit to
the Government Mint for conversion into standard gold or silver bars and to be returned to the said unit
thereafter in accordance of the procedures specified by the Commissioner of Customs in this regard or to
clear such scrap, dust or sweeping to the Domestic Tariff Area on payment of duty on the gold or silver
content in the said scrap, dust or sweepings as specified in the notification of the Government of India in the
Ministry of Finance (Department of Revenue) No. 50/2017-Customs, dated 30-6-2017.
(x) clearance of jewellery into Domestic Tariff Area up to ten per cent. of the value of export
of the unit in the preceding year, on payment of applicable duties, subject to the permission of the Development
Commissioner;
(xi) import and export of the said goods, other than capital goods, under this notification by air freight
through the Customs Airports of Mumbai, Kolkata, Chennai, Thiruvanathapuram, Delhi , Bangalore and
Ahmedabad or through the post parcel;
(xii) to export jewellery manufactured in the unit through the authorized couriers as per procedure
specified by the Commissioner of Customs, as the case may be:
Provided that exports are made through Customs Houses at Mumbai, Kolkata, Chennai, Delhi,
Jaipur, Bangalore, Ahmedabad, or Hyderabad and the Free On Board (FOB) value of any consignment
through authorized courier shall not exceed rupees twenty lakhs;
(xiii) to supply gem and jewellery manufactured in the said unit to the retail outlets or showrooms set up
in the departure lounge at international airports at Calicut, Cochin, Delhi, Hyderabad, Kolkata, Mumbai,
GENERAL EXEMPTION NO. 53 1177
Thiruvananthapuram and Visakhapattanam, in accordance with the Foreign Trade Policy for sale to the
tourist as defined in the Baggage Rules, 2016, leaving India in accordance with the procedures specified by
the Commissioner of Customs, as the case may be;
(xiv) situated in municipal limits of Chennai, Delhi, Kolkata and Mumbai, to sell gems and jewellery
manufactured in the unit to foreign bound passengers to be transferred in accordance with Foreign Trade
Policy to the customs warehouse at respective Customs Airport for being handed over to the said passenger
for the purpose of export as per procedure specified by the respective Commissioner of Customs, as the case
may be, in this regard;
(xv) subject to the fulfillment of such conditions as he may specify, the maximum wastage or
manufacturing loss of gold or platinum or silver during the manufacture of jewellery or articles thereof shall
be as per paragraph 4.60 of the Handbook of Procedures.
Explanation.- For the purposes of this sub-condition,
(a) the percentage of wastage shall be calculated with reference to the total quantity of gold or platinum or
silver imported or issued for manufacture of the jewellery;
(b) no wastage shall be allowed for jewellery procured against exchange under provisions of the Foreign
Trade Policy.
Provided that per gram value of the semi-precious stones utilized in the making of jewellery and articles
is less than the per gram value of gold.
(7) In the event of unit engaged in manufacture and export of gem and jewellery ceasing its operation, gold,
other precious metal, alloys, gems and other materials for the manufacture of jewellery shall be transferred to
such person, undertaking, agency or authority, as the Government of India in the Ministry of Commerce and
Industry, may specify in this behalf.
(8) Subject to the satisfaction of the said officer, duty shall not be leviable in respect of capital goods, raw
material, consumables, spares, goods manufactured, processed or packaged, and scrap or waste or remnants
or rejects are destroyed within the unit after intimation to Customs authorities or destroyed outside the unit
with permission of Customs authorities.
Provided that this condition shall not apply in case of unit engaged in manufacture and export of gold,
silver, platinum, diamond, precious and semi precious stones.
(i) the capital goods, if such capital goods are destroyed within the unit or outside the unit, when it is not
possible or permissible to destroy the same within the unit, in the presence of Customs;
(ii) the scrap or waste material or remnants arising in the course of production, manufacture, processing
or packaging, if such scrap or waste material or remnants are destroyed within the unit or destroyed outside
the unit when it is not possible to destroy the same within the unit :
Provided that this condition shall not apply in the case of unit engaged in manufacture and export of gem
& jewellery.
(9) The Software Technology Park (STP) unit may be allowed to import duty free Telematic Infrastructure
equipment. The telemetric infrastructure equipment so imported may also be utilized for export by other
Software Technology Park (STP) units.
(10) The Commissioner of Customs, may allow the infrastructural equipments imported by Software
Technology Park (STP) unit to be linked to research or educational institute (other than institute engaged in
commercial activities) as may be approved by the Inter Ministerial Standing Committee for research, education
or any such non commercial purposes as per procedure specified by him in this regard and subject to necessary
permission granted by the Inter Ministerial Standing Committee;
(11) The said officer may permit Software Technology Park (STP) unit to use computer system for training
GENERAL EXEMPTION NO. 53 1178
purposes (including commercial training) subject to the condition that the unit had achieved positive Net
Foreign exchange Earning and that no computer terminal shall be installed outside the premises of the unit;
(12) The said officer subject to the approval of the Commissioner of Customs, as the case may be, may
allow diesel generating sets, captive power plants, central air-conditioning equipments, uninterrupted power
supply system, networking equipments, EPABX, Fax, photocopier equipments, data transfer protocol equipments
and security system imported by an export oriented undertaking, or Electronic Hardware Technology Park
(EHTP) unit, or Software Technology Park (STP) unit to be utilized by other export oriented undertaking, or
Electronic Hardware Technology Park (EHTP) unit, or Software Technology Park (STP) unit , belonging to
the owner of the importing unit for the purposes of development of software, data entry and conversion,
data processing, data analysis and control data management or call center services and export thereof but
such goods shall not be removed from the premises of the importing unit.The said officer subject to the
approval of the Commissioner of Customs, as the case may be, may also allow sharing of infrastructural
facilities among EOUs in accordance with and subject to the terms and conditions specified in para 6.12(g) of
Foreign Trade Policy 2015-2020.
(12a) An EOU which intends to set up warehousing facilities outside the EOU premises and outside the
jurisdiction of Development Commissioner, at a place near to the port of export, to reduce lead time for
delivery of goods overseas and to address unpredictability of supply orders, is permitted to do so subject to the
provisions of notification No. 46/2001-CE (N.T.) dated, the 26th June, 2001 as amended from time to time.
(13) The unit engaged in trading shall not be allowed to,-
(i) sell any goods so imported in the domestic tariff area or remove samples in the domestic tariff area;
(ii) export goods through merchant exporter or through any other exporters;
(iii) transfer the goods to other export oriented undertaking or unit in Electronic Hardware Technology
Park (EHTP) or Software Technology Park (STP) or special economic zone;
(iv) remove the goods outside the premises of the unit for the purpose of jobwork;
2. Notwithstanding anything contained in this notification, in a case of unit engaged in the development
of Computer Software, data entry and conversion, data processing, data analysis and control or data
management, the exemption contained in this notification shall also apply to goods imported by such units for
providing consultancy services for development of software “on site” abroad:
Provided that the conditions stipulated in this notification are complied with by such unit and the duty
free goods are not used outside the premises of the unit;.
Explanation.- The consultancy fees received by such unit in convertible foreign currency for consultancy
services for development of software ‘on site’ abroad shall be deemed to be exports for the purpose of
fulfilment of positive Net Foreign exchange Earning under this notification.
3. Notwithstanding anything contained in this notification, the exemption from the whole of duty of
Customs leviable thereon under First Schedule to the Customs Tariff Act, 1975 (51 of 1975), shall not apply
to inputs which on importation into India or procurement, are used for the purpose of manufacture of finished
goods [ other than falling under Fourth Schedule of Central Excise Act, 1944 (1 of 1944) ] or services and
such finished goods and services, (including by-products, rejects, waste and scrap arising in the course of
production, manufacture, processing or packaging of such goods ) are supplied in Domestic Tariff Area in
GENERAL EXEMPTION NO. 53 1179
accordance with the Foreign Trade Policy, on payment of applicable Goods and Service Tax leviable thereon,
or are in stock at the time of exit from the scheme in accordance with the Foreign Trade Policy and in case
of waste and scrap within SION or within norms fixed by the Norms Committee or norms as approved by the
Board of Approval the exemption in respect of goods imported or procured under this notification would
continue to be admissible:
Provided that, in case such finished goods (including by-products, rejects, waste and scrap) including
those falling under Fourth Schedule of the Central Excise Act, 1944 (1 of 1944) or services are cleared to the
warehouse appointed or registered under notification of the Government of India in the Ministry of Finance
(Department of Revenue) No 26/98-Central Excise (NT) dated the 15th July, 1998 or No. 46/2001- Central
Excise (NT) dated the 26th July, 2001 or cleared to the warehouse authorised to carry out manufacturing
process or other operation under section 65 of the Customs Act, 1962, and under the Manufacture and Other
Operations in Warehouse Regulation or cleared to organisations which are entitled for duty free import of
such goods in terms of the following exemption notifications:-
(i) No. 36/17-Customs dated the 30th June, 2017;
(ii) No. 152/94-Customs dated the 13th July, 1994;
(iii) No. 39/96-Customs dated the 23rd July, 1996;
(iv) No. 50/96-Customs dated 23rd July, 1996;
(v) No. 84/97-Customs dated the 11th November, 1997;
issued by Ministry of Finance in pursuance to clause (e) of paragraph 6.9 of the Foreign Trade Policy, without
payment of duty, the exemption in respect of goods imported or procured under this notification would con-
tinue to be admissible:
Provided further that where finished goods (including rejects, waste, scrap, remants and by-prod-
ucts) are either non excisable or such finished goods (including rejects, waste, scrap, remants and by-prod-
ucts) other than goods falling under heading/tariff item 8901, 8902 0010, 8905 10 00 or 8906 if imported, are
leviable to nil rate of duty of customs specified under First Schedule to the Customs Tariff Act, 1975 and nil
additional duty leviable under section 3 of the said Customs Tariff Act, read with exemption notification in this
regard, if any, no exemption in respect of inputs utilised for the purpose of manufacture of such finished goods
(including rejects, waste, scrap, remnants and by-products) shall be available under this notification:
Provided also that the Software Technology Park (STP) unit and the Electronic Hardware Technol-
ogy Park (EHTP) unit engaged in manufacture of electronic hardware and software in integrated manner,
shall be allowed to sell software, data entry and conversion, data processing, data analysis, control data
management or rendering of call centre services through data communication link and or tele-communication
link subject to such conditions as may be specified by Commissioner of Customs:
Provided also that goods, which have been repaired, reconditioned, re-engineered shall not be al-
lowed to be sold in the Domestic Tariff Area.
Explanation.- For the purpose of this paragraph, on payment of whole of duty of Customs leviable thereon
under the First Schedule to the Customs Tariff Act 1975 availed as exemption, under this notification, on the
inputs utilised for the purpose of manufacture of finished goods [ other than falling under Fourth Schedule of
Central Excise Act, 1944 (1 of 1944) ] before clearance of such finished goods (including by-products,
rejects, waste and scrap arising in the course of production, manufacture, processing or packaging of such
GENERAL EXEMPTION NO. 53 1180
goods) or services on payment of applicable, Goods and Service Tax leviable thereon, in Domestic Tariff
Area or as are in stock at the time of exit, it shall be treated as if no exemption was availed under this
notification
4. Without prejudice to any other provision contained in this notification, the said officer may, subject
to such conditions and limitations as he may deem fit to impose under the circumstances of the case for the
proper safeguard of revenue interest and also subject to such permission of the Development Commissioner,
wherever it is specially required under the Foreign Trade Policy, allow the unit to clear any of the said goods
for being taken outside the unit, to any other place in India in accordance with the Foreign Trade Policy:
Provided that no such clearance of capital goods under the Export Promotion Capital Goods Scheme
of Chapter 5 of the Foreign Trade Policy shall be allowed if the unit has not fulfilled the positive NFE criteria
at the time of clearance in terms of Para 6.18 (d) of Foreign Trade Policy.
Provided further that -
(a) such clearance of capital goods may be allowed on payment of duty but for the exemption on
the depreciated value thereof as the case may be, if the unit has fulfilled the positive NFE criteria taking into
consideration the depreciation allowable on the capital goods at the time of clearance. In case of failure to
achieve the said positive NFE, the depreciation shall be allowed on the value of capital goods in the same
proportion as the achieved portion of NFE. The depreciation shall be allowed in straight line method as
specified below, namely:-
(i) for computer and computer peripherals:
for every quarter in the first year @10%
for every quarter in the second year @8%
for every quarter in the third year @5%
for every quarter in the fourth and fifth year @1%
(ii) for capital goods other than computer and computer peripherals:
for every quarter in the first year @4%
for every quarter in the second year @3%
for every quarter in the third year @3%
for every quarter in the fourth and fifth year @2.5%
and thereafter for every quarter @2%
(b) such clearance of goods (including empty cones, bobbins, containers, suitable for repeated use)
other than those specified in clause (a) may be allowed on payment of duty but for the exemption on the value
at the time of import;
Provided further that in a case of exit by a unit where positive NFE criteria is fulfilled in terms of Para
6.18 (g) of Foreign Trade Policy, such clearance of goods shall be allowed under Advance Authorization as
one time option on payment of applicable duty.
(c) such clearance or debonding of used packing materials, such as cardboard boxes, polyethylene
GENERAL EXEMPTION NO. 53 1181
bags of a kind unsuitable for repeated use, may be allowed without payment of duty.
Explanation. -
(1) For the purpose of computing rate of depreciation for any part of a quarter, a full such quarter
shall be taken into account;
(2) there shall be no upper limit for such depreciation and depreciation upto 100% could be allowed;
(3) the depreciation shall be allowed from the date of commencement of commercial production of
the unit or where such goods have been received after such commencement, from the date on which such
goods have come into use for commercial production to the date of debonding or clearance, as the case may
be.
(4) unit which has not availed any duty benefit on procurement of raw material, capital goods, etc.,
may be provided fast track de-bonding or exit from the STP or EHTP scheme.
5. Notwithstanding anything contained in this notification, the exemption contained therein shall also
apply to silver and gold falling under heading No. 7106 and 7108 respectively, of the First Schedule to the said
Customs Tariff Act imported by the nominated agencies for being supplied to the gem and jewellery units
under the scheme for export of gold jewellery and articles as specified in the Foreign Trade Policy, read with
Chapter 6 of the Handbook of Procedures, Vol. I :
Provided that where silver or gold is imported on behalf of the said unit engaged in manufacture and
export of gem and jewellery by the nominated agencies, the exemption shall apply only if-
(a) the procedure as may be specified by the said officer is followed by such a unit;
(b) the conditions stipulated in the opening paragraph are complied with by such a unit; and
(c) the procedure and the conditions as specified in provisions of the Foreign Trade Policy and
relevant guidelines issued by Reserve Bank of India, are followed by the nominated agencies.
Provided further that in the event of the unit engaged in manufacture and export of gem and
jewellery to whom the silver or gold has been supplied, fails to export the jewellery made out of such silver or
gold within the time specified in the Foreign Trade Policy under the respective scheme, the nominated agencies
shall deposit duty on the quantity of the silver or gold as the case may be, not contained in the jewellery
exported at the rate of duty leviable on the silver or gold as provided in the notification of the Government of
India in the Ministry of Finance No. 50/2017–Customs, dated the 30th June 2017 within seven days of the
expiry of the period within which the said jewellery manufactured out of the said silver or gold was required
to be exported.
6. Notwithstanding anything contained in this notification, the said officer may permit the unit engaged
in,-
(a) processing of agriculture products referred to in sub-clause (i) of clause (a) of opening paragraph
of this notification to take out goods as specified at Sl. Nos. 18 to 30 in Annexure-I; and
(b) production or manufacture or packaging of articles as specified in clause (b) of opening paragraph
of this notification to take out goods as specified at Sl. Nos. 12 to 20 in Annexure-II ,
to the fields and farms of contract farmers of the unit for production or in connection therewith; and to bring
back the produce to the unit for exports, in accordance with the provisions of Foreign Trade Policy and
Handbook of Procedures, Volume-I and subject to the following conditions:-
(i) the unit shall produce an agreement between it and contract farmer(s) to the said officer;
GENERAL EXEMPTION NO. 53 1182
(ii) in case of unit other than those which are in existence for less than two years, they shall be required to
furnish a bank guarantee equal to the total duty foregone on the goods so transferred to the fields or farms of
contract farmers;
(iii) prior to import of the goods, the unit shall apply to the said officer giving the details, such as, number of
contract farmers and location of their farms, measurement of the farms or fields under contract farming,
input-output norms of production as fixed by Directorate General of Foreign Trade and their projected
requirements and after examination of the such projected requirement, the said officer shall give permission
for the import or procurement of the same on annual basis;
(iv) in case of failure of the unit to bring back the agriculture or horticulture produce so produced in the fields
or farms of contract farmers to the unit, as per the norms notified by the Directorate General of Foreign
Trade, within the same season or such extended period as may be permitted by the Commissioner of Customs,
as the case may be, due to any reason including natural calamity or loss of crop, the unit shall be required to
pay the duty equal to the duty forgone on the inputs so taken out to the fields or farms of the contract farmers;
(v) in respect of goods which has been allowed to be transferred to the fields or farms of the contract
farmers, at any point of time as may be decided by the said officer, the unit shall be required to account for the
goods so transferred to the fields or farms of the contract farmers;
(vi) in case of non-accountal of goods so transferred or use of the goods in farms or fields other than those
declared to the proper officers, the unit shall pay duty foregone on such un-accounted goods along with the
interest at the rate as specified in the notification of the Government of India, Ministry of Finance, Department
of Revenue issued under section 28 AB of the said Customs Act within 10 days of receipt of demand notice,
and in case of failure to pay the same, the said officer, may en-cash the bank guarantee and disallow the duty
free procurement under this notification;
(vii) the unit shall be required to have a premises for secure storage of goods procured duty free under this
notification and the final products manufactured or produced therefrom and the details of the premises shall
be declared to the said officer.
7. The units engaged in the processing or manufacture or production of articles of granite for export
as specified in clause (d) of the opening paragraph, may be allowed to take the goods, as specified in
Annexure- V, out of the premises to the unit to the granite quarries for the purposes of quarrying of granite
subject to the following conditions, namely-
(i) the quarries are in the name of the unit either on lease basis or on ownership basis. The location and area
of quarries or any subsequent change in location of quarry or quarries at a later stage shall be intimated by the
unit to the Development Commissioner and said officer;
(ii) the goods are used by the unit for the purpose of quarrying of granite meant for further processing or
manufacture or production of articles of granite for export by its own export oriented undertaking;
(iii) the unit maintains a proper account of receipt, consumption and utilisation of the said goods and of
granite so quarried and transferred to his processing unit or to any other export oriented unit or units in special
economic zone, and shall submit such accounts periodically to the Development Commissioner of the Zone
and to the said officer, in such form and in such manner as may be laid down by the Development Commissioner
or the said officer, as the case may be ;
(iv) the said officer may, subject to such conditions and limitations as he may specify and subject to the
provisions of the Foreign Trade Policy, allow –
GENERAL EXEMPTION NO. 53 1183
(a) the unit to supply granite so quarried to other export oriented undertaking or units in the special
economic zone without payment of duty;
(b) the goods to be taken out temporarily without payment of duty for repairs and return thereof;
(c) the unit to export the goods;
(d) destruction of obsolete capital goods without payment of duty, if such goods are destroyed in the
presence of the Customs Officer;
(e) the goods shall not be transferred or shifted to any other site or quarry owned or taken on lease by
the unit without permission of the said officer;
(f) the accounts of the said goods used at the quarrying site shall be kept in the site in a properly
constructed office to enable the verification of the same as and when required;
(g) the goods so quarried shall be removed from the quarry site only for supply to unit’s own processing
unit or for supply to an other export oriented unit or the unit in the special economic zone engaged in processing
or production or manufacture of articles of granite and export thereof and shall not be allowed to be exported
as such or to be cleared in Domestic Tariff Area;
8. Without prejudice to other provisions of this notification, where the said officer is satisfied that the
unit, which has been permitted by the concerned State Electricity Board in this behalf, has been permitted by
Development Commissioner to sell into Domestic Tariff Area or transfer to other export oriented undertaking
or Software Technology Park (STP) unit or Electronic Hardware Technology Park (EHTP) unit or a unit in
a special economic zone, the surplus power generated in its diesel generating sets or captive power plant
subject to fulfilment of such conditions as may be specified by the said officer in this behalf, the said officer
may allow the unit, -
(i) to sell such surplus power in Domestic Tariff Area on payment of an amount equal to the duty leviable on
consumables and raw materials but for the exemption of duty thereon, used for generation of each unit of
power so sold in the Domestic Tariff Area on the basis of norms approved by the Board of Approval or Inter
Ministerial Standing Committee;
(ii) to transfer such surplus power to other export oriented undertaking or Software Technology Park (STP)
unit or Electronic Hardware Technology Park ( EHTP) unit or unit in a Special Economic Zone without
payment of duty:
Provided that both supplying and receiving unit shall maintain account for the quantity of consumables
and raw materials used in generation of each unit of power so transferred as quantified on the basis of norms
approved by the Board of Approval or Inter Ministerial Standing Committee, for the purpose of calculation of
Net Foreign Exchange Earning.
9. Notwithstanding anything contained in this notification, the exemption contained herein shall also
apply to computers and computer peripherals including printer, plotter, scanner, monitor, keyboard and storage
unit, when donated by the unit two years after their import or procurement and use by the unit, to –
( i ) a School run by the Central Government or, Government of a State or, a Union territory or, a
local body;
(ii) an Educational Institution run on non-commercial basis by any organization;
(iii) a Registered Charitable Hospital;
(iv) a Public Library;
(v) a Public Funded Research and Development Establishment;
(vi) a Community Information Centre run by, the Central Government or, Government of a State
or, a Union territory or, local body;
GENERAL EXEMPTION NO. 53 1184
(vii) an Adult Education Centre run by the Central Government or, Government of a State or, a
Union territory or, a local body, or
(viii) an organisation of the Central Government or, a Government of a State or, a Union territory,
subject to the condition that the donee undertakes to observe the procedure prescribed by the Deputy
Commissioner of Customs or Assistant Commissioner of Customs having jurisdicition over the donor unit,
for transport of the said goods from the donor unit to the premises of the donee and such goods shall not be
used by the donee for any commercial purposes, and shall not be sold, disposed of, gifted, loaned,
exchanged or parted with, without the permission of the said Deputy Commissioner or Assistant Commissioner
of Customs, within a period of five years from the date of receipt of the said goods and during the said
period of five years, the jurisdictional Deputy Commissioner of Customs or Assistant Commissioner of Customs
may inspect those organisations on random basis to ensure that the computers are actually there and have not
been diverted or put to unauthorized use:
Provided that where the donee is an organisation but not run by the Central Government, Government
of a State or a Union territory or a local body, the donor unit shall furnish a certificate issued by the relevant
Department of the Central Government or, the concerned State Government or, the Government of the Union
territory, as the case may be, certifying that the said organisation is recognised by the Central Government or
the said State Government or the Government of the Union territory and is run on a non-commercial basis”.
10. Notwithstanding anything contained in this notification,-
(i) the exemption contained herein shall also apply to spares and components, to the extent of 5
percent. of the Free on Board (FOB) value of the manufactured articles exported by the unit
during the preceding year for the purpose of supply of such spares and components for
after-sale-service of the exported articles to the same consignor or buyer to whom manu-
factured articles were exported and the said officer is satisfied that the Cost Insurance
Freight (CIF) value of such imported spares and components has been included for compu-
tation of sum total of all imported goods for arriving at the NFE as required under the Foreign
Trade Policy;
(ii) the exemption contained herein shall also apply to import and supply of promotional materi-
als like brochures, literatures, pamphlets, hoardings, catalogues and posters of products for
the purpose of export promotion activities, to the extent of 1.5 (one point five) percent. of the
Free on Board (FOB) value of the preceding year’s exports:
(iii) the exemption contained herein shall also apply to goods which are relatable to the articles
manufactured by the unit for consolidation into sets alongwith such articles and export thereof
( for example, cuff-links imported for exports alongwith shirts manufactured by the unit or a
brush imported for packaging with the hair dye manufactured and exported by the unit, etc.),
subject to the following conditions, namely:-
(a) no such exemption shall apply to gems and jewellery units;
(b) the value of goods eligible for exemption shall not exceed 5% of the FOB value of
such manufactured articles exported by the unit in the preceding financial year;
(c) the list of goods to be imported under this clause shall be approved by the Board of
Approval and the unit shall fulfill such conditions as may be specified by the Board of
Approval in this behalf; and
(d) the goods imported and articles manufactured by the unit shall be listed out separately
in the export documents:”;
GENERAL EXEMPTION NO. 53 1185
Provided that the export value of such spares, components, promotional material and goods imported
for consolidation shall not be taken into consideration for fulfillment of Net Foreign Exchange Earnings
(NFE) and for availing Domestic Sale Entitlement as specified in paragraph 6.8 of the Foreign Trade Policy.
The goods imported for consolidation shall not be allowed to be sold in Domestic Tariff Area.
Provided that the value of such spares and consumables shall not be taken into consideration for
fulfillment of Net Foreign exchange Earnings (NFE), for availing Domestic Sale Entitlement as specified in
paragraph 6.8 of the Foreign Trade Policy.
11. Nothing contained in this notification shall apply to the goods imported by a service
sector export oriented undertaking as specified in clause (a) in the opening paragraph, who does not
directly export services out of India.
11A. Notwithstanding anything contained in this notification, if the said officer is satisfied that the unit
engaged in the manufacture of textiles and textile articles has left over textile fabric or textile material, he
shall allow such unit to clear such unutilized left over textile fabric or textile material into Domestic Tariff
Area on payment of duty leviable at the time of import but for the exemption on transaction value as if the
goods have been manufactured in that unit:
Provided that such clearance shall be allowed only where the said officer certifies that the textile
fabric or textile material proposed to be cleared are left over and that such clearance do not exceed two
percent of the Cost Insurance Freight value or the quantity of imported consignments in the previous year to
which such left over textile fabric or textile material relates, whichever is lower.
11B. In the notification, the word "duty" wherever appear shall mean duties of customs as specified in
First Schedule to the Customs Tariff Act, 1975 and the additional duty, if any, leviable thereon under sub-
sections (1), (3) and (5) and integrated tax and compensation cess, if any, leviable thereon under sub-sections
(7) and (9) of Section 3 of the said Act or applicable excise duty, as the case may be, for the purpose of this
notification.
12. The notifications of the Government of India in the Ministry of Finance, Department of Revenue,
Nos. 3/88-Customs, dated the 14th January 1988 ( G.S.R. 31(E), dated the 14th January, 1988), 277/90-
Customs, dated the 12th December 1990, (G.S.R. 943(E), dated the 12th December, 1990), 138/91-Customs,
dated the 22nd October 1991 (G.S.R. 639(E), dated the 22nd October 1991), 140/91-Customs, dated the 22nd
October 1991, ( G.S.R. 641(E), dated the 22nd October 1991), 95/93-Customs, dated the 2nd March 1993(
G.S.R. 254(E), dated the 2nd March, 1993), 96/93-Customs, dated the 2nd March 1993, ( G.S.R. 255(E), dated
the 2nd March 1993), 126/94-Customs, dated the 3rd June 1994, (G.S.R. 488(E), dated the 3rd June 1994), 196/
94-Customs, dated the 8th December 1994, (G.S.R. 856(E), dated the 8th December 1994), 53/97-Customs,
dated the 3rd June, 1997, (G.S.R. 302(E), dated the 3rd June 1997), 47/98-Customs, dated the 16th July, 1998 (
G.S.R No. 391(E), dated the 16th July, 1998), and 58/2000-Customs, dated the 8th May, 2000 (G.S.R. 415(E)
dated the 8th May, 2000) are hereby rescinded.
13. This notification shall come into force on the 1st day of April, 2003.
Explanation- For the purposes of this notification,-
(i) “Board of Approval” means the authority appointed by the Central Government in exercise of the
powers conferred by section 14 of the Industries (Development or Regulation) Act, 1951(65 of 1951) and the
GENERAL EXEMPTION NO. 53 1186
rules made under that Act;
(ii) “ Domestic Tariff Area” means area except special economic zone, export oriented undertakings,
Software Technology Park unit and Electronic Hardware Technology Park unit;
(iii) 'Foreign Trade Policy' means Foreign Trade Policy, 2015-2020 notified by the Government of India in
the Ministry of Commerce and Industry published in the Gazette of India, Extraordinary, Part-II, Section 3,
Sub section (ii), vide notification No. 01/2015-2020 dated the 1st April, 2015.
(iv) “export oriented undertaking” has the same meaning as assigned to “hundred percent. export oriented
undertaking” in clause (ii) to the Explanation of sub-section (1) of section 3 of the Central Excise Act, 1944
(1 of 1944);
(v) “Electronic Hardware Technology Park (EHTP) unit” means a unit established under and in accordance
with the Electronic Hardware Technology Park Scheme notified by the Government of India in the Ministry
of Commerce, vide notification No. 5(RE-95)/92-97, dated 30th April,1995 and approved by the Inter- Ministerial
Standing Committee;
(vi) ‘Handbook of Procedures' means Handbook of Procedures notified by the Government of India in
the Ministry of Commerce and Industry published in the Gazette of India, Extraordinary, Part-I, Section 1
vide Public Notice No. 01/2015-2020, dated the 1st April, 2015.
(vii) “Inter-Ministerial Standing Committee” means a committee appointed by the Government of India in
the Ministry of Industry (Department of Industrial Development) vide notification No. S.O. 117(E), dated the
22nd February, 1993;
(viia) "merchant exporter'' means a person engaged in trading activity and exporting goods.
(viii) 'Nominated agencies' means,-
(1) Metals and Minerals Trading Corporation Limited (MMTC);
(2) Handicraft and Handloom Export Corporation (HHEC);
(3) State Trading Corporation (STC);
(4) Project and Equipment Corporation of India Ltd. (PEC);
(5) STCL Ltd;
(6) MSTC Ltd;
(7) Diamond India Limited (DIL);
(8) Four Star Export House from Gems & Jewellery sector and Five Star Export House from any
sector as may be recognised as nominated agencies by Regional Authority in terms of the Foreign
Trade Policy;
(9) Any bank as authorised by Reserve Bank of India as Nominated Agency;
(ix) “Software Technology Park (STP) unit” means a unit established under and in accordance with Scheme
notified by the Government of India in the Ministry of Commerce and Industry vide notification No. 4(RE-
95)/92-95, dated 30th April, 1995 and approved by the Inter- Ministerial Standing Committee;
(x) “special economic zone” has the same meaning as assigned to it in clause (iii) to the Explanation 2 of
sub-section (1) of section 3 of the Central Excise Act, 1944 (1 of 1944);
(xi) 'Status holder' means importer recognised as One Star Export House, Two Star Export House, Three
Star Export House, Four Star Export House or as the case may be, Five Star Export House, in terms of the
GENERAL EXEMPTION NO. 53 1187
Foreign Trade Policy;
(xii) “NFE” means Net Foreign Exchange Earnings in terms of Para 6.04 of Foreign Trade Policy and Para
6.10 of Handbook of Procedure and shall be calculated in the manner explained in Annexure to Appendix 6F
of Foreign Trade Policy, 2015-20.
(xiii) “SION” means Standard Input Output Norms notified by Director General of Foreign Trade in Handbook
of Procedures, 2015-20 approved by Board of Approval.
(xiv) “Norms Committee” means the Norms Committee in the Directorate General of Foreign Trade for
recommending Input Output norms and value addition norms to be notified by the Director General of Foreign
Trade.
(xv) "Letter of Permission (LoP)" has the same meaning as assigned in Chapter 6 of the
Foreign Trade Policy 2015-20 notified by the Government of India in the Ministry of Commerce and Industry,
published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii) vide notification No. 01/
2015-2020, dated the 1 st April, 2015.
ANNEXURE-I
Sr. No Description of Goods
1. Capital goods and spares and accessories thereof.
2. Material handling equipment, namely, fork lifts, over-head cranes, mobile cranes, crawler cranes,
hoists and stackers and spares and accessories thereof.
3. Uninterrupted power supply system (UPS), pollution control equipment, quality assurance equipment,
storage systems and parts thereof, special racks for storage and parts thereof, modular furniture and
parts thereof, computer furniture and parts thereof, anti-static carpet, tele-conference equipment,
servo control system, security system, panels for electrical, net working equipment, data transfer
protocol equipment , Central Air Conditioning equipments, air conditioning system and spares,
consumables thereof.
4. Captive power plant including captive generating sets and transformers of capacity commensurate
with the actual requirement of the unit and recommended by the Development Commissioner or
Designated Officer. (For status holders, there shall be no requirement of recommendation by the
Development Commissioner or Designated Officer).
5. Spares, fuel, lubricants, consumables and accessories for captive power plants including captive
generating sets and spares, consumables and accessories for transformers as approved by the Assistant
Commissioner.
6. Office equipments including PABX, Fax machine, Video Projection System, computers, laptop, server,
spares and consumables thereof.
7. Raw materials.
8. Components.
9. Consumables .
10. Packaging materials.
11. Tools, jigs, gauges, fixtures, moulds, dies, instruments and accessories and spares thereof.
12. A Prototype or a technical sample for each of the existing products for the purpose of product
diversification, development or evaluation;
13. Drawings, blue prints and charts.
14. (i) Goods re-imported (other than specified in Annexure–VII to this notification) within three years
from the date of exportation, for repair or reconditioning.
(ii) Goods re-imported, as specified in Annexure-VII to this notification, within seven years from the
date of exportation, for repair or reconditioning.
GENERAL EXEMPTION NO. 53 1188
Provided that such re-imported goods mentioned at (i) and (ii) above are re-exported within one year
of the date of re-importation.
15. Goods re-imported within one year from the date of exportation from the unit due to failure of the
foreign buyer to take delivery;
Explanation.- For removal of doubts, it is clarified that the goods for which there is failure of the
foreign buyer to take delivery shall include goods rejected by the foreign buyer.
15A. Goods re-imported within sixty days of close of exhibition for which these goods were exported. In
case of exhibition in USA, the time period shall be ninety days.
15B. Pharmaceuticals samples in retail packs (repacked from bulk packs exported by the unit) imported
for retention or stability in terms of any statutory requirements.
16. Raw materials for making capital goods for use with in the unit for the purpose of production.
17. Any other item required within the unit in relation to production for export of goods or services with
the prior approval of the Board of Approval.
18. Crates drums and preservation media (such as acetic acid and vinegar).
19. Grading Tables.
20. Green House equipment, accessories, heated rooting tables, propagation trays, seeding machines.
21. Plant or parts thereof, seeds, saplings, tubers, bulbs, Rhizomes, roots cuttings, all types of grafts,
tissue culture material, and other vegetatively propagated material utilized for sowing and planting;
22. Growing media such as Peat Moss (including peat litres) (whether or not agglomerated), Pearlite/
Vermiculate, Rockwool, Cocoa pet, Hydrocorn, Foam based medium and other cultivation medium;
23. Filters.
24. Dripliers, Drip lines and Drip-fitting.
25. Micro Sprinklers and Misters.
26. Agriculture Sprinklers
27. Fertilizer Tanks
28. Valves.
29. Fertilizer Pumps and Chemical Injections.
30. Fertiliser and chemicals for pre and post harvest treatments such as micro nutrients, plant and growth
regulations and other organic and inorganic substances used for plant nutrition, insecticides, fungicides,
weedicides, herbicides and the like;
ANNEXURE-II
Sl. No. Description of Goods
1. Green House equipment, accessories, heated rooting tables, propagation trays, seeding machines.
2. Growing media such as Peat Moss (including peat litres) (whether or not agglomerated), Pearlite/
Vermiculate, Rockwool, Cocoa pet, Hydrocorn, Foam based medium and other cultivation medium.
3. Office equipments, spares and consumables thereof.
4. Animal feed such as cattle feed and poultry feed.
5. Veterinary medicines including vaccines.
6. Packaging materials including machinery and equipment for packaging.
7. Cooling equipment for cold room, storage room, pro-cooling chambers and its accessories.
8. Sorting equipment, Grading equipment, Packing equipment and temperature control or humidity control
equipment.
9. Power generating sets; Refrigeration and air-conditioning equipment for fitment on transport vehicles.
10. Spare parts for the maintenance of goods mentioned at item Nos. 8 to 11 above.
GENERAL EXEMPTION NO. 53 1189
11. High Speed Diesel oil for power generating sets as approved by the Board of Approvals.
12. Plant or parts thereof, seeds, saplings, tubers, bulbs, Rhizomes, roots cuttings, all types of grafts,
tissue culture material, and other vegetatively propagated material utilized for sowing and planting.
13. Filters.
14. Dripliers, Drip-lines, and Drip-fitting.
15. Micro Sprinklers and Misters.
16. Agriculture Sprinklers.
17. Fertilizer Tanks.
18. Valves.
19. Fertilizer Pumps and Chemical Injections.
20. Fertilizers and chemicals for pre and post harvest treatments such as micro nutrients, plant and
growth regulators and other organic and in-organic substances used for plant nutrition, insecticides,
fungicides, weedicides, herbicides, and the like.
ANNEXURE – III
Sl. No. Description of Goods
1. Live animals falling under Chapter 1.
2. Bird’s eggs (fresh) in shells of heading 0407.
3. Live trees and other plants; bulbs, roots and the like, cut flowers and ornamental foliage.
4. Fresh vegetables of heading 0701 to 0709; whole uncut sun dried vegetables of heading 0712 and
0713; Fresh and uncut/sun dried roots and tubers of heading 0714.
5. Fresh and uncut/sun dried edible fruits and nuts of headings 0801 to 0810.
6. Fresh or sun dried plants and parts of plants of heading 1211.
7. Silk worm cocoons of heading 5001 and raw silk of heading 5002.
Note- In this Annexure “Chapter” and “heading” mean respectively a Chapter and heading in the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975).
ANNEXURE-IV
Sl. No. Description of Goods
1. Capital Goods including plant and machinery for packaging, conveyor belts, and accessories, spares
and consumables including lubricants therefor for spawning Hatchery, Aqua Farm, Processing Plant,
Chilling unit (cold storage) and Feed plant.
2. Material handling equipments, namely, fork-lifts, over-head cranes, mobile cranes, crawler cranes,
hoists and stackers and spares, consumables including lubricants therefore.
3. Captive power plant including power generating set as recommended by Development Commissioner
and accessories .
4. Tools, Jigs, Gauges, Fixtures, Moulds, Dies, Instruments and accessories.
5. Cold room apparels.
6. Chemicals for water treatment, Zeolite, Teaseed powder/cake, waste digesters, pesticides, fungicides,
veterinary medicines including vaccines.
7. Office equipments, spares and consumables thereof.
8. Feed for prawns/fish and other aquatic animals including Artemia (Brain Shrimp eggs) and other
Hatchery feeds.
9. Raw materials for feeds for aquatic animals, namely, meals of fish and other aquatic invertebrates
like squid/prawns in liquid, powder or other forms, fish lipid oil, squid oil, veterinary grade premix of
vitamins/ minerals not suitable for human consumption, sea weed powder, kalp Meal, Molasses,
yeast, choline chloride, Antioxidants excluding Vitamins, Licithin, Di-calcium Phosphate and Calcium
Lactate which are capable of use in other than veterinary application.
GENERAL EXEMPTION NO. 53 1190
10. Preservatives, pre-mix taste makers, battering materials, special cooking medium, bread crumbs/
powder.
11. Packaging materials, all sorts.
12. Catfish-eggs, fries and fingerlings.
13. High Speed Diesel oil for power generating sets as approved by the Board.
ANNEXURE-V
Sl. No. Description of Good
1. Hydraulic Excavators
2. Pneumatic Compressors
3. Jack Hammers
4. Hydraulic Drilling Machines
5. Line Drillers
6. Front End Loaders
7. Pneumatic Grinders
8. Diamond Wire Saws
9. Dressing Machine
10. Core Drilling Machine
11. Jet Burners
12. Cranes
13. Derricks
14. Tippers and Dumpers
15. Welding Machine
16. Generating sets
17. Steel Chains and Steel Ropes
18. D-Shackles
19. Diamond Wires
20. Diamond Segments
21. Tungsten Carbon Drill Rods
22. Steel Feathers & Wedges
23. Burner Nozzle
24. Welding rods
25. Hydraulic Oil and Lubricants
26. Explosives
27. Chisels, Hammers, Chain Pulley Blocks
28. Steel Pillow Kits
29. Dust Collector
30. Consumables and Tools
31. Spares up to a value of 5% of the value of respective goods specified at Sl.No. 1 to Sl No.29 in each
financial year.
ANNEXURE-VI
Sl.No. Description of Goods
1 Capital goods.
2 Raw Materials.
3 Spares parts of machinery.
GENERAL EXEMPTION NO. 53 1191
4 Consumables required for manufacture of goods.
5 Components.
6 Samples prototype, not exceeding two in number, of each type of articles covered by the manufacturing
activity.
7 Packaging materials.
8. Tools, jigs, gauges, fixtures, moulds, dies and instruments and accessories.
9. Drawings, blue prints, technical maps and charts relating to the manufacturing activity.
10. Goods re-imported within one year from the date of exportation due to failure of the buyer to take
delivery or for re-export after repairs or remaking.
11. Old gold/platinum/silver jewellery for repair or remaking for re-export.
12 Office equipments, spares and consumables thereof.
ANNEXURE-VII
S. No Heading, Sub- Description of goods
heading or
Tariff item
(1) (2) (3)
1. 8443 31 00 Machines which perform two or more of the functions of printing, copying
or facsimile transmission, capable of connecting to an automatic data
processing machine or to a network
2. 8471 30, Automatic data processing machines and units thereof; magnetic or
8471 41, optical readers, machines for transcribing data on to data media in coded
8471 49 00, form and machines for processing such data, not elsewhere specified or
8471 50 00 included
3. 8472 90 30 Automatic bank note dispensers
4. 8504 40 Static converters
5. 8517 Telephone sets including telephones for cellular networks or for other
wireless networks; other apparatus for the transmission or reception of
voice, images or other data, including apparatus for communication in a
wired or wireless network (such as a local or wide area networks), other
than transmission or reception apparatus of heading 8443, 8525, 8527 or
8528
6. 8518 40 00 Audio – frequency electric amplifiers
7. 8518 50 00 Electric sound amplifier sets
8. 8525 Transmission apparatus for radio-broadcasting or television, whether or not
incorporating reception apparatus or sound recording or reproducing
apparatus; television cameras, digital cameras and video camera recorders
9. 8526 Radar apparatus, radio navigational aid apparatus and radio remote control
apparatus
10. 8528 62 00 Projectors: Capable of directly connecting to and designed for use with an
automatic data processing machine of heading 8471
11. 8528 71 00 Reception apparatus for television, whether or not incorporating radio-broad
cast receivers or sound or video recording or reproducing apparatus: Not
designed to incorporate a video display or screen
12. 8528 72 colour TVs
13. 8531 20 00 Indicator panels incorporating liquid crystal devices (LCD) or light-emitting
1192
diodes (LED)
14. 9018 11 00 Electro – cardiographs
15. 9018 12 Ultrasonic scanning apparatus
16. 9018 13 Magnetic resonance imaging apparatus
17. 9018 19 10 Electro encephalographs
18. 9018 19 20 Echo cardiograph
19. 9021 40 Hearing aids
20. 9022 Apparatus based on the use of X-rays or of alpha, beta or gamma radiations,
whether or not for medical, surgical, dental or veterinary uses, including
radiography or radiotherapy apparatus, X-ray tubes and other X-ray
generators, high tension generators, control panels and desks, screens,
examination or treatment tables, chairs and the like
21. 9027 Instruments and apparatus for physical or chemical analysis (for example,
polarimeter, refractometers, spectrometers, gas or smoke analysis
apparatus); instruments and apparatus for measuring or checking viscosity,
porosity, expansion, surface tension or the like; instruments and apparatus
for measuring or checking quantities of heat, sound or light (including
exposure meters); microtomes
22. 9028 30 Gas, liquid or electricity supply or production meters, including calibrating
meters therefor- Electricity meters
23. 9030 Oscilloscopes, spectrum analysers and other instruments and apparatus for
measuring or checking electrical quantities, excluding meters of heading 9028;
instruments and apparatus for measuring or detecting alpha, beta, gamma,
x-ray, cosmic or other ionizing radiations
24. 9032 Automatic regulating or controlling instruments and apparatus
GENERAL EXEMPTION NO. 54 1193
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods falling under the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), when imported
into India by a hundred per cent export oriented unit or a unit and when such goods are wholly exempted from
the duty of customs specified in the said first Schedule to the Customs Tariff Act, 1975 by virtue of any
notification of the Government of India in the Department of Revenue and Banking or in the Ministry of
Finance (Department of Revenue), from the whole of the additional duty leviable thereon under section 9A
of the said Customs Tariff Act.
(b) are used for the purpose of manufacture or processing of finished goods (including rejects, waste,
scrap, remnant and by products) in the hundred per cent. export oriented unit and such finished goods
(including rejects, waste, scrap, remnant and by products) are cleared in the Domestic Tariff Area.
(i) “hundred per cent. export oriented unit” has the same meaning as assigned to “hundred percent.
export oriented undertaking” in clause (ii) to the Explanation of sub-section (1) of section 3 of the Central
Excise Act, 1944 ( 1 of 1944);
(ii) “Domestic Tariff Area” means India except Special Economic Zone and hundred per cent. export
oriented undertakings.
GENERAL EXEMPTION NO. 55 1194
Exemption to Raw materials etc. for manufacture of specified goods for supply to a hundred per
cent export oriented undertaking or free trade zone -
[Notfn. No. 101/93-Cus., dt. 16.3.1993 (supersedes 162/90) as amended by Notifn. No. 136/93,157/
93,183/93, 105/94, 127/94, 101/95, 33/97, 26/17]
In exercise of the the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962
(52 of 1962) and in supersession of the notification of the Government of India, in the Ministry of Finance,
(Department of Revenue), No. 162/90-Cus dated the 30th March, 1990, the Central Government, being
satisfied that it is necessary in the Public Interest so to do, hereby exempts materials required for the
manufacture of the goods specified in the Table hereto annexed (hereinafter referred to as final
products) when imported into India by a manufacturer of the final products for supply to a hundred
percent export oriented undertaking or a unit within a free trade zone, from the whole of the duty
of Customs leviable thereon under the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) and from
the whole of the additional duty leviable thereon under sub-section (1), (3) and (5) of section 3 of the said
Customs Tariff Act, subject to the following conditions, namely:-
(1) that the importer has been granted necessary import licence or release order on the
canalising agency by the Licencing Authority before 31st March, 1994 for the import or release of materials
for the aforesaid purpose, and the same is produced at the time of clearance for debit by the proper officer
of the Customs;
(2) that the import licence contains the endorsements specifying, inter-alia-
(a) the description quantity, and the value of materials allowed to be imported under the said
licence;
(b) the description and quantity of materials allowed to be imported duty free; and
(c) the description and quantity of final products to be manufactured out of, or with, the imported
materials;
(3) the importer furnishes proof of having executed a bond in such form and for such sum as
may be specified by the said Licensing Authority, binding himself to fulfil the obligations
and conditions stipulated in this notification;
(4) the importer makes a declaration at the time of clearance of imported materials before
the Assistant Commissioner of Customs that he shall pay on demand, an amount equal to the
duty leviable but for the exemption on the imported materials in respect of which the
conditions specified in this notification have not been complied with;
(5) that the importer produces evidence to the satisfaction of the said Licensing Authority, for
the purpose of discharging the liability in respect of customs duty as well as for
discharging the obligations against the said licence;
(6) that the exempt materials are utilised for the manufacture of final products for supply
GENERAL EXEMPTION NO. 55 1195
to a hundred percent export oriented undertaking or a unit within a free trade zone and that
no portion of such materials shall be loaned, transferred, sold or disposed of in any other
manner:
Provided that where obligations under the licence have been fully discharged, sale proceeds
realised and bond executed in terms of condition (3) redeemed by the Licensing Authority, the
importer may if the benefit of input stage credit under rule 56A or rule 57A of Central Excise Rules,
1944 has not been availed in respect of final products manufactured, transfer the imported materials
to any other person.
Provided further that no such transfer of materials imported against a licence issued after 31st
March, 1993 shall be made after discharge of export obligation, realisation of sale proceeds and
redemption of bond by the licencing Authority and such materials may be used by the importer for
manufacture of any other goods.
Provided also that no loan, transfer, sale or disposal of Acetic Anhydride shall be made and
the same shall be utilised by the importer in his own factory or in the factory of any other manufacturer
as approved by the Licencing Authority.
2. Where benefit of this notification is sought by a person other than the licencee, such benefit shall
be allowed against the licence only if it bears endorsement of transferability by the Licensing Authority.
Provided that no such endorsement of transferability shall be made by the Licensing Authority-
(a) unless obligations against the licence have been discharged, sale proceed realised and
th bond executed by the importer in terms of condition (3) redeemed; and
(b) where benefit of input stage credit under rule 56A or rule 57A of Central Excise Rules, 1944
has been obtained.
(c) where licence has been issued after 31st March, 1993.
Provided futher that benefit of this notification shall not be allowed to a transferee of licence for
import of Acetic Anhydride except where the licence is endorsed for transferability before 24th November,
1993, and is transferred to an actual user who undertakes to use the Acetic Anhydride in his own factory.
TABLE
________________________________________________________________________________________
S.No. Description
(1) (2)
(i) “Licensing Authority” means the Director General of Foreign Trade appointed under section 6 of
the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised by
him to grant a licence under the said Act.
(ii) “free trade zone” and “hundred per cent export-oriented undertaking” have the same meanings as
in Explanation 2 to sub-section (1) of section 3 of the Central Excise and Salt Act, 1944 (1 of 1944);
(iii) “Materials” means -
(a) raw materials, components, intermediates, consumables, and parts required for the manufacture
of final products;
Provided that nothing contained in this notification shall apply to import of Acetic
Anhydride against licence issued after 24th November, 1993, except where such licences
have been issued with the approval of Advance Licencing Committee in the office of the
Director General of Foreign Trade.
(b) spares, including mandatory spares, within a value limit of 5% of the value of the licence issued
upto the 31st March, 1993, which are required to be supplied along with the final products so
manufactured; and
(c) packing materials required for the packing of final products to be supplied.
GENERAL EXEMPTION NO. 56 1197
Telematic infrastructural equipments, when imported into India for being used for the export of
software out of India under the Software Technology Parks Hundred Per cent Export Oriented
Scheme.
[Notfn. No. 153/93-Cus., dt. 13.8.1993 as amended by Notfn. Nos. 101/95, 33/97, 55/99,
71/00 and 5/07, 1/17, 26/17].
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52
of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts the telematic infrastructural equipments (hereinafter referred to as the said goods) as
specified in the Annexure to this Notification, when imported into India for being used for the export of
software out of India under the Software Technology Parks Hundred Percent Export Oriented
Scheme from the whole of the customs duty leviable thereon under the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975) and the additional duty if any leviable thereon under sub-section (1), (3)
and (5) of section 3 of the second mentioned Act subject to the following conditions, namely:-
(i) the importer (hereinafter referred to as the Infrastructure Service Provider or the ISP) shall produce
a certificate to the Assistant Commissioner or the Deputy Commissioner of Customs from the
concerned Director of the Software Technology Parks Society set up by the Government of India,
Department of Electronics, to the effect that the said imported goods are to be installed or used in the
premises of the ISP and that the importer of such goods has been authorised by the said Inter-
Ministerial Standing Committee for Hundred Percent Export Oriented Units in the Electronics
Hardware Technology Parks (EHTP) and Software Technology Parks (STP) appointed by the
notification of the Government of India in the Ministry of Industry, Department of Industrial Devel-
opment No. S.O. 117(E), dated the 22nd February, 1993;
(ii) the goods shall only be used for the purpose of export of software by the STP Units located in the
premises of the ISP;
(iii) the ISP executes a bond before the Assistant Commissioner or the Deputy Commissioner of
Customs binding himself to,-
(a) install the said goods in his premises and use them in connection with the export of software
by the STP Units located in the premises;
(b) not to remove the said goods from the premises without the approval of Assistant
Commissioner or Deputy Commissioner of Customs;
(c) pay on demand, an amount equal to the duty leviable on the said goods as are not proved to
the satisfaction of the Assistant Commissioner or Deputy Commissioner of Customs to have
been used for the purposes for which the said goods were imported; and
(d) follow the procedure as may be prescribed by the Assistant Commissioner or Deputy
Commissioner of Customs for the receipt, storage, use and removal of the goods;
(iv) subject to the permission being granted by the Director of the Software Technology Park, the
Assistant Commissioner or Deputy Commissioner of Customs, may allow an ISP to re-export the
said goods;
(v) without prejudice to any other provision contained in this notification, the Assistant Commissioner of
Customs or Deputy Commissioner of Customs may, in accordance with the Foreign Trade Policy,
allow the ISP to clear the goods specified in the Annexure to this notification on payment of duty on
GENERAL EXEMPTION NO. 56 1198
the depreciated value thereof and at the rate in force on the date of clearance. The depreciation shall
be allowed in straight line method as specified below, namely: -
ii. where such goods have been received in an operational ISP premises, from date of their installation
as certified by the Director of the Software Technology Park, by a STP unit, to the date of clearance.
ANNEXURE
I. TELECOMMUNICATION TRANSMISSION EQUIPMENT
1. Network/Transmission Surveillence System
2. Multi Access Radio Telephone System
3. Shared Radio System (Analog and digital)
4. Sub system of above telecommunication transmission equipment viz. Antenna, Power Supply, Feeder
Cables, Dulexing, Modulator, Demodulator, Equilish and Power Amplifier.
IA. TERRESTRIAL TRANSMISSION EQUIPMENT
1. Point to Point Radio System.
II. SATELLITE COMMUNICATION EQUIPMENT
1. High Power Amplifier
2. Solid State Power Amplifier
3. Low Noise Amplifier
4. Ground Communication Equipment
5. Up/Down Converter
6. Modulator/Demodulator
7. Antenna System
8. TDMA/DSI
9. Master Earth Station
10. Micro Earth Station
11. Radio Network Terminal
12. Interfacility Link
13. Pilot Receivers
14. Radio Frequency Terminal (RFT)
15. Framing Unit
16. Switches
17. Interface and rate converters.
GENERAL EXEMPTION NO. 56 1199
Explanation 2- For the purposes of this notification, the expression "manufacture" with its grammatical
variation has the same meaning as assigned to it under clause (f) of section 2 of the Central Excise Act, 1944
(1 of 1944).
GENERAL EXEMPTION NO. 58 1201
Exemption to all goods produced or manufactured in a Special Economic Zone and brought to
any other place in India in accordance with the provisions of the Foreign Trade Policy 2004-
2009:
[Notfn. No. 45/05-Cus., dt. 16.5.2005 as amended by 16/07, 19/07,18/11].
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52
of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts all goods cleared from a special economic zone and brought to any other place in India in accor-
dance with the provisions of the special Economic Zones Act, 2005 (28 of 2005) and the Special Economic
Zones Rules, 2006, from the whole of the additional duty of customs leviable thereon under sub-section (5) of
section 3 of the Customs Tariff Act, 1975 (51 of 1975):
Provided that no such exemption shall be applicable if such goods, when sold in domestic tariff area,
are exempted by the State Government from payment of sales tax or value added tax.
Explanation.- For the purposes of this notification, “special economic zone” means the special economic
zones notified by the Government of India, under section 4 of the Special Economic Zones Act, 2005 (28 of
2005).
GENERAL EXEMPTION NO. 59 1202
Exemption to goods imported against a Duty Free Credit entitlement Certificate by a status holder:
[Notfn. No. 53/03-Cus. dt. 1.4.2003 as amended by Notfn. Nos. 84/03, 63/04, 46/05, 77/05, 97/05, 41/06,
117/06, 63/07, 116/07, 63/08, 19/09, 105/09, 123/09, 93/10, 37/12, 40/12, 50/12, 4/13, 20/13, 5/15,
26/17]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts , -
(i) the goods specified in para 3.7.2.1(vi) of the Export Import Policy and in serial number 509
of notification number 21/2002-Customs dated 1.3.2002, in case they are imported by the
status holders of marine sector;
(ii) the goods specified in para 3.7.2.1(vi) of the export Import Policy in case they are imported
by the status holders of other sectors;
when imported into India against a Duty Credit Entitlement Certificate (here inafter referred to as the said
certificate) issued under paragraph 3.7.2.1(vi) of the Export and Import Policy “
(2) that the said certificate and goods imported against it shall not be transferred or sold:
Provided that where the goods are imported by a merchant exporter having supporting manufacturer(s)
whose name and address is specified on the license, the said goods may be utilised by the said
supporting manufacturer(s).
(3) that in respect of capital goods a certificate from the Assistant Commissioner of Customs or Deputy
Commissioner of Customs having jurisdiction over the importer's factory or premises or an independent
Chartered Engineer, as the case may be, is produced confirming installation and use of the capital
goods in the importer's factory or premises, within six months from the date of imports or within such
extended period as the said Assistant Commissioner of Customs or Deputy Commissioner of Customs
at the port of registration of the said certificate may allow:
Provided that where the capital goods are imported by a merchant exporter having supporting manu
facturers, the capital goods may be installed in the factory or premises of the said supporting
manufacturers;
GENERAL EXEMPTION NO. 59 1203
(4) that the said certificate shall be produced before the proper officer of customs at the time of clearance
for debit of the duties leviable on the goods but for this exemption:
Provided that exemptions from duty shall not be admissible if there is insufficient credit in the said
license for debiting the duties leviable on the goods but for this exemption;
(5) that the imports against the said certificate are undertaken through sea ports at Mumbai, Kolkata,
Cochin, Magdalla, Kakinada, Kandla, Mangalore, Marmagoa, Madras, Nhava Sheva, Paradeep,
Pipavav, Sikka, Tuticorin, Visakhapatnam, Dahej, Nagapattinam, Mundhra, Okha, Bedi (including
Rozi-Jamnagar), Muldwarka, Porbander, Dharamtar, Vadinar and Haldia (Halida Dock Complex of
Kolkata Port), Krishnapatnam and Ennore (Tamil Nadu), Karaikal (Union territory of Puducherry)
and Kattupalli (Tamil Nadu) or through any of the airports at Ahmedabad, Bangalore, Bhubaneswar,
Mumbai, Kolkata, Coimbatore, Delhi, Hyderabad, Jaipur, Madras, Srinagar, Trivandrum, Varanasi,
Nagpur, Cochin, Rajasansi (Amritsar), Lucknow (Amausi), Indore and Dabolim (Goa), Visakhapatnam
and Calicut or through any of the Inland Container Depots at Agra, Bangalore, Coimbatore, Delhi,
Faridabad, Gauhati, Guntur, Hyderabad, Jaipur, Jallandhar, Kanpur, Ludhiana, Moradabad, Nagpur,
Pimpri (Pune), Pitampur (Indore), Surat, Tirupur, Varanasi, Nasik, Rudrapur (Nainital), Dighi (Pune),
Vadodara, Daulatabad, (Wanjarwadi and Maliwada), Malanpur, Waluj (Aurangabad), Anaparthy
(Andhra Pradesh), Salem, Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Talegoan (District
Pune), Dhannad Rau (District Indore), Kheda (Pithampur, District Dhar), Patli (Gurgaon), Irugur
Village (Tamil Nadu), Thudiyalur (Tamil Nadu), Chettipalayam (Tamil Nadu) and Veerapandi (Tamil
Nadu), Marripalem Village in Taluk of Edlapadu, District Guntur and Tondiarpet (TNPM), Chennai
and Irungattukottai, SIPCOT Industrial Park, Kattrambakkam Village, Sriperumbudur Taluk,
Kanchipuram District, Tamil Nadu, Bhiwadi, Madurai, Bhilwara, Pondicherry, Garhi Harsaru,Bhatinda,
Dappar (Dera Bassi), Chheharata (Amritsar), Karur, Miraj, Rewari, Bhusawal, Jamshedpur, Surajpur,
Dadri, Tuticorin, Kundli, Bhadohi, Raipur, Mandideep (District Raisen), Durgapur (Export Promotion
Industrial Park), Babarpur, Loni (District Gaziabad) and Melapakkam Village (Arakkonam Taluk,
Vellore District) or through the Land Customs Stations at Ranaghat, Singhabad, Raxaul, Jogbani,
Nautanva (Sonauli), Petrapole, Mahadipur, Nepalganj Road, Dawki, Agartala, Sutarkhandi, Amritsar
Rail Cargo, Attari Road, Hilli, Ghojadanga and Changrabandha or Special Economic Zone as specified
in the notification issued under section 76A of the Customs Act, 1962 (52 of 1962).
(6) that where the importer does not claim exemption from the additional duty of customs leviable under
sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff Act, he shall be deemed not to
have availed the exemption from the said duty for the purpose of calculation of the said additional
duty of customs.
(7) that the importer shall be entitled to avail of the drawback or CENVAT credit of additional duty
leviable under sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff Act, against the
amount debited in the said certificate.
Explanation :- In this notification,-
(i) “Capital Goods” has the same meaning as assigned to it in paragraph 9.10 of the Export and
Import Policy,-
(ii) “goods” means,-
(a) capital Goods;
(b) office equipment ( including Computer systems, Software, Fax/ machine, Telephone); and
(c) raw materials, components, intermediates, consumables and parts other than agricultural
and dairy products;
GENERAL EXEMPTION NO. 59 1204
(iii) “Export and Import Policy” means the Export and Import Policy 2002-2007, published by the
Government of India in the Ministry of Commerce and Industry vide notification No.1(RE:2003),
dated the 31st March 2003 as amended from time to time;
(iv) “Licensing Authority” means the Director General of Foreign Trade appointed under section
6 of the Foreign Trade (Development and Regulation ) Act,1992 (22 of 1992) or an officer authorised
by him to grant a license under the said Act.
GENERAL EXEMPTION NO. 60 1205
Exemption to goods imported against a Duty Free Credit entitlement Certificate issued to Service Providers:
[Notfn. No. 54/03-Cus. dt. 1.4.2003 as amended by Notfn. Nos. 84/03, 29/04, 63/04, 46/05, 77/05, 97/
05, 41/06, 117/06, 63/07, 116/07, 63/08, 19/09, 123/09, 93/10, 37/12, 40/12, 50/12, 4/13, 20/13,
5/15, 26/17]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts spares, office equipments and furniture, any capital goods, professional equipments and
consumables but excluding agricultural and dairy products, when imported into India against a duty
free service entitlement credit certificate ( hereinafter referred to as the said certificate) issued under
paragraph 3.8 of the Export and Import Policy, -
(a) from the whole of the duty of customs leviable thereon under the First Schedule to the
Customs Tariff Act 1975 (51 of 1975),
(b) from the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5)
of section 3 of the said Customs Tariff Act; and
(c) from the whole of the special additional duty of customs leviable thereon under section
3A of the said Customs Tariff Act,
subject to the following conditions, namely :-
(1) that the said certificate has been issued to a service provider by the licensing authority and it is
produced before the proper officer of customs at the time of clearance for debit of the duties leviable
on the goods but for this exemption:
Provided that exemption from duty shall not be admissible if there is insufficient credit in the said
certificate for debiting the duties leviable on the goods but for this exemption;
(2) that the said certificate and goods imported against it shall not be transferred or sold;
(3) in respect of any capital goods including professional equipments, or office equipments, as the case
may be, a certificate from the Assistant Commissioner of Customs or Deputy Commissioner of
Customs having jurisdiction over the importer's factory or premises or an independent Chartered
Engineer, as the case may be, is produced confirming its installation and use in the importer's factory
or premise, within six months from the date of imports or within such extended period as the Assistant
Commissioner of Customs or Deputy Commissioner of Customs at the port of registration of the said
certificate may allow;
(4) that the imports against the said certificate are undertaken through sea ports at Mumbai, Kolkata,
Cochin, Magdalla, Kakinada, Kandla, Mangalore, Marmagoa, Madras, Nhava Sheva, Paradeep,
Pipavav, Sikka, Tuticorin, Visakhapatnam, Dahej, Nagapattinam, Mundhra, Okha, Bedi (including
Rozi-Jamnagar), Muldwarka, Porbander, Dharamtar, Vadinar and Haldia (Halida Dock Complex of
Kolkata Port), Krishnapatnam and Ennore (Tamil Nadu), Karaikal (Union territory of Puducherry)
and Kattupalli (Tamil Nadu) or through any of the airports at Ahmedabad, Bangalore, Bhubaneswar,
Mumbai, Kolkata, Coimbatore, Delhi, Hyderabad, Jaipur, Madras, Srinagar, Trivandrum, Varanasi,
Nagpur, Cochin, Rajasansi (Amritsar), Lucknow (Amausi), Indore and Dabolim (Goa),
GENERAL EXEMPTION NO. 60 1206
Explanation :- In this notification ,-
(i) “Export and Import Policy” means the Export and Import Policy 2002-2007, published by the
Government of India in the Ministry of Commerce and Industry vide notification
No.1(RE:2002)/2003, dated the 31st March 2003 as amended from time to time;
(ii) “Licensing Authority” means the Director General of Foreign Trade appointed under section
6 of the Foreign Trade (Development and Regulation) Act,1992 (22 of 1992) or an officer
authorised by him to grant a license under the said Act.
GENERAL EXEMPTION NO. 61 1207
Exemption to specified goods when imported against a Served From India Scheme Certificate :
[Notfn. No.92/04-Cus., dt. 10.9.2004 as amended by 46/05, 77/05, 97/05, 43/06, 88/06, 63/07, 72/
07, 116/07, 125/08, 15/09, 19/09, 123/09, 93/10, 37/12, 40/12, 50/12, 4/13, 20/13, 26/17]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods, namely, -
(i) in the case of hotel or stand alone restaurant, capital goods including spares, office equipment,
professional equipment, office furniture, consumables, related to its service sector business
and food items and alcoholic beverages but excluding other products classifiable in Chapters
1 to 24 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975); and items not
permitted to be imported in terms of Appendix 37B of the Hand Book of Procedure, volume
I.
(ii) in the case of service provider other than hotel or stand alone restaurant or golf resort having
catering facility, capital goods including spares, office equipment, professional equipment,
office furniture and consumables, related to its service sector business, but excluding the
items not permitted to be imported in terms of Appendix 37B of the Hand Book of Procedure,
volume I.
when imported into India against a Served From India Scheme Certificate (hereinafter referred to as the said
certificate) issued under paragraph 3.6.4 of the Foreign Trade Policy, from,-
(1) the whole of the duty of customs leviable thereon under the First Schedule to the said Customs
Tariff Act, 1975,
(2) the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3, of
the said Customs Tariff Act, 1975,and
subject to the following conditions, namely :-
(i) that the said certificate has been issued to a service provider by the Regional Authority and it is
produced before the proper officer of customs at the time of clearance for debit of the duties leviable
on the goods, but for this exemption:
Provided that exemption from duty shall not be admissible if there is insufficient credit in
the said certificate for debiting the duties leviable on the goods, but for this exemption;
(ii) that the said certificate and the goods imported against it shall not be transferred or sold;
Provided that transfer of goods or said certificate may be allowed subject to actual user
condition within the group company or managed hotels as defined in paragraph 9.28 and paragraph
9.36 respectively of the Foreign Trade Policy, as the case may be.
(iii) that in respect of capital goods, office equipment and professional equipment a certificate from the
Assistant Commissioner of Customs or Deputy Commissioner of Customs having jurisdiction over
the importer's factory or premises or an independent Chartered Engineer, as the case may be, is
produced confirming installation and use of the goods in the importer's factory or premise, within six
months from the date of imports or within such extended period as the said Assistant Commissioner
GENERAL EXEMPTION NO. 61 1208
of Customs or Deputy Commissioner of Customs at the port of registration of the said certificate
may allow;
(iv) that the imports against the said certificate are undertaken through sea ports at Mumbai, Kolkata,
Cochin, Magdalla, Kakinada, Kandla Mangalore, Marmagoa, Chennai, Nhava Sheva, Paradeep,
Pipavav, Sikka, Tuticorin, Visakhapatnam, Dahej, Mundhra, Nagapattinam, Okha, Bedi (including
Rozi-Jamnagar), Muldwarka, Porbander, Dharamtar and Vadinar and Haldia (Halida Dock Complex
of Kolkata Port), Krishnapatnam and Ennore (Tamil Nadu), Karaikal (Union territory of Puducherry)
and Kattupalli (Tamil Nadu) or through any of the airports at Ahmedabad, Bangalore, Bhubaneswar,
Mumbai, Kolkata, Coimbatore, Delhi, Hyderabad, Jaipur, Chennai, Srinagar, Trivandrum, Varanasi,
Nagpur, Cochin, Rajasansi (Amritsar), Lucknow (Amausi) Indore and Dabolim (Goa) and
Visakhapatnam or through any of the Inland Container Depots at Agra, Bangalore, Coimbatore,
Delhi, Faridabad, Gauhati, Guntur, Hyderabad, Jaipur, Jallandhar, Kanpur, Ludhiana, Moradabad,
Nagpur, Pimpri (Pune), Pitampur (Indore), Surat, Tirupur, Varanasi, Nasik, Rudrapur (Nainital),
Dighi (Pune), Vadodara, Daulatabad (Wanjarwadi and Maliwada), Waluj (Aurangabad),
Talegoan(District Pune), Dhannad Rau (District Indore), Kheda (Pithampur, District Dhar), Patli
(Gurgaon), Irugur Village (Tamil Nadu), Thudiyalur (Tamil Nadu), Chettipalayam (Tamil Nadu)
and Veerapandi (Tamil Nadu), Marripalem Village in Taluk of Edlapadu, District Guntur and
Tondiarpet (TNPM), Chennai and Irungattukottai, SIPCOT IndustrialPark, Kattrambakkam Village,
Sriperumbudur Taluk, Kanchipuram District, Tamil Nadu, Anaparthy (Andhra Pradesh), Salem,
Malanpur, Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai, Bhilwara,
Pondicherry, Garhi Harsaru, Bhatinda, Dappar (Dera Bassi), Chheharata (Amritsar), Karur, Miraj,
Rewari, Bhusawal, Jamshedpur, Surajpur, Dadri,Tuticorin, Kundli, Bhadohi , Raipur, Mandideep
(District Raisen), Durgapur (Export Promotion Industrial Park), Babarpur and and Loni (District
Gaziabad) or through the Land Customs Station at Ranaghat, Singhabad, Raxaul, Jogbani, Nautanva
(Sonauli), Petrapole, Mahadipur, Nepalganj Road, Dawki, Agartala, Sutarkhandi, Amritsar Rail
Cargo, Attari Road, Hilli, Ghojadanga and Changrabandha or Special Economic Zone as specified
in the notification issued under section 76A of the Customs Act, 1962 (52 of 1962).
(v) Omitted (Omitted vide Sec.55 (1) of Finance Act, 2011 w.e.f. 1.4.2008)
Exemption under this notification, shall not be available to vehicles under said certificate even if such
vehicle is freely importable under the Foreign Trade Policy.
Explanation - For the purposes of this notification ,-
(i) “Capital goods” has the same meaning assigned to it in paragraph 9.12 of the Foreign Trade Policy;
(ii) “Foreign Trade Policy “ means the Foreign Trade Policy 2004-2009, published in the notification of
the Government of India in the Ministry of Commerce and Industry, vide No.1/2004, dated the 31st August,
2004 ;
(iii) “Licensing Authority or Regional Authority” means the Director General of Foreign Trade appointed
under section 6 of the Foreign Trade (Development and Regulation ) Act,1992 (22 of 1992) or an officer
authorised by him to grant a licence under the said Act.
GENERAL EXEMPTION NO. 62 1209
Exemption to consumables for manufacture of Gem & Jewellery or cut & polished diamonds to holders
of Replenishment Licence -
[Notfn. No. 41/99-Cus. dt. 28.4.99 as amended by Notfn. Nos. 55/00,64/02 , 87/04 dt. 6.9.2004, 76/07 dt.
6.8.2007, 106/09, 97/10, 33/15, 14/17, 26/17]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52
of 1962), the Central Government being satisfied that it is necessary in the public interest so to do, hereby
exempts the goods -
(a) as specified in Annexure - I to this notification, -
(i) upto one per cent. of the Free On Board (FOB) value of preceding financial year of
the export of plain or studded Jewellery made of gold or platinum, when imported
by the exporter of such gold jewellery or platinum jewellery;
(ii) upto three per cent. of the Free On Board (FOB) value of preceding financial year
of the export of rhodium-finish jewellery made of silver imported by the exporter of
such rhodium-finish silver jewellery;
(iii) upto two per cent. of the Free On Board (FOB) value of preceding financial year of
the export of jewellery made of silver imported by the exporter of such silver
jewellery;
(b) as specified in Annexure - II to this notification upto one per cent. of the Free On Board (FOB)
value of preceding financial year of the export of cut and polished diamonds when imported
by the manufacturer and exporter of such cut and polished diamonds,
Replenishment Authorisation referred to in para 4.36 of the Foreign Trade Policy, 2015 - 2020 notified by the
Government of India in the Ministry of Commerce and Industry published in the Gazette of India, Extraordi-
nary, Part-II, Section 3, Sub-section (ii), vide notification No. 01/2015-2020, dated the 1st April, 2015.
(i) the whole of the duty of customs leviable thereon which is specified in the First Schedule to
the Customs Tariff Act, 1975 (51 of 1975);
(ii) the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section
3 of the said Customs Tariff Act:
Provided that goods imported under this notification are used for the manufacture of gold, silver or
platinum jewellery or the cut and polished diamonds, as the case may be, by the holders of the said
Replenishment Authorisation.
ANNEXURE-I
Sl.No. Description of goods for exporters of Gems and Jewellery
1. Special Industrial Adhesives or Gums
2. Master Alloys (used in gold jewellery for mixing in gold)
3. Gravar, files and rotary burs or files
GENERAL EXEMPTION NO. 62 1210
ANNEXURE-II
Sl.No. Description of goods for exporters of cut and polished Diamonds
1. Special Industrial Adhesives
2. Gums and Solution
3. Synthetic Diamond Powders
4. Diamond Scaifes
5. Collets for E.G.S. Sticks
(5.5 mm) BS/001/009
6. Dovetail HSS Grief for Top
7. Spare Box for bottom and Top Tang
8. Spare for all types of dops.
9. Collect Angles Flat 35 and 41
10. E.G.S. Bearing Small Gear
11. E.G.S. Bearing Big Front
12. E.G.S. Collect Cap
13. L.P. Claw
14. L.P. Tang (Stud and Screw)
GENERAL EXEMPTION NO. 62 1211
2. The notification of the Government of India in the Ministry of Finance, Department of Revenue,
No.79/96-Customs, dated the 8th October, 1996 (G.S.R. 456(E), dated the 8th October, 1996), is hereby
rescinded.
GENERAL EXEMPTION NO. 63 1212
Exemption to cut and polished diamonds and Gem Stones, as the case may be, when imported
into India by the holders of Diamond Imprest Licences
[Notfn. No. 42/99-Cus., dt. 28.4.99 as amended by Notfn. Nos. 64/02, 87/04 dt. 6.9.2004, 106/09,
33/15, 26/17]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52
of 1962), the Central Government being satisfied that it is necessary in the public interest so to do, hereby
exempts the cut and polished diamonds and Gemstones falling under Chapter 71 of the First Schedule to
the Customs Tariff Act, 1975 (51 of 1975) hereinafter referred to as the said Act, upto five per cent of the
Free on Board (FOB) value of the preceding financial year of the exports of cut and polished diamonds
or studded Jewellery, as the case may be, when imported into India by the holders of Replenishment
Authorisation for Gems referred to in Paragraph 4.35 of the Foreign Trade Policy referred to in para 4.58 of
the HOP, as the case may be, from the whole of the duty of customs leviable thereon under the First
Schedule to the said Act and from the whole of the additional duty and special additional duty, if
any, leviable thereon under sub-sections (1), (3) and (5) of section 3 and section 3A respectively of the said
Act, subject to the following conditions, namely:-
(i) the importer, in case of cut and polished diamonds, shall have any status of Star Export House as
categorized in para 3.5.2 of the Foreign Trade Policy and in respect of the goods imported, the importer is the
actual user within the meaning of para 9.5 of the Foreign Trade Policy;
(ii) the maximum weight of any individual piece, in a consignment, of cut and polished diamonds
so imported shall not be more than 25 cents or 1/4th of a carat and the entitlement of exemption under this
notification shall not be allowed to be carried forward;
(iii) the importer executes a bond in such form and for such sum as may be specified by the Assistant
Commissioner of Customs undertaking -
(a) to re-export the goods so imported within one year from the date of import or during such
extended period as the Assistant Commissioner of Customs may allow;
(b) to pay on demand duty of customs as leviable and the penalty and fine, if any, on the quantity
of diamond and gemstones which are not exported, within the specified period of one year
or extended period under (a) above, as the case may be.
Explanation.- for the purposes of this notification,-
(i) ‘'Foreign Trade Policy' means Foreign Trade Policy, 2015-2020 notified by the Government
of India in the Ministry of Commerce and Industry published in the Gazette of India,
Extraordinary, Part-II, Section 3, Sub-section (ii) vide notification No. 01/2015-2020,
dated the 1st April, 2015.
(ii) 'Handbook of Procedures' means Handbook of Procedures notified by the Government
of India in the Ministry of Commerce and Industry published in the Gazette of India,
Extraordinary, Part-I, Section 1 vide Public Notice No. 01/2015-2020, dated the 1 st April,
2015.
(iii) cut and polished diamonds shall include semi-processed diamonds, half-cut diamonds
and broken diamonds in any form.
GENERAL EXEMPTION NO. 64 1213
Exemption to materials imported into India, against a Self Declared Pass Book issued in terms of para
54 of the Export and Import Policy April 1992 to March, 1997.
[Notfn. No. 299/92-Cus., dt 30.11.1992 as amended by Notifn. Nos. 141/93, 183/93,105/94, 137/94, 181/
94, and 101/95, 26/17.]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52
of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts materials imported into India, against a Self Declared Pass Book issued in terms of para 54 of the
Export and Import Policy, 1st April, 1992 - 31st March, 1997, from the whole of the duty of Customs leviable
thereon which is specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) and from the
whole of the additional duty leviable thereon under sub-section (1), (3) and (5) of section 3 of the said
Customs Tariff Act, subject to the following conditions, namely:-
(i) that the materials imported are covered by a Self Declared Pass Book (hereinafter referred to as the
said Pass Book), issued in the format prescribed under Annexure II to the Public Notice of the
Government of India in the Ministry of Commerce, No.37/92-97, dated the 12th August, 1992 as
amended from time to time;
(ii) that the importer at the time of clearance of the imported materials -
(a) produces proof of having executed a bond or a legal undertaking before the Licensing
Authority concerned, for complying with the conditions of this Notification; and
(b) makes a declaration before the Assistant Commissioner of Customs binding himself to
pay on demand an amount equal to the duty leviable but for the exemption, on the imported
materials in respect of which the conditions specified in this Notification have not been
complied with;
Provided that a bond or a legal undertaking and the declaration shall not be necessary
in respect of imports made after discharge of export obligation in full, as evidenced by
endorsement of Licensing Authority in the said Pass Book;
(iii) that the said Pass Book is produced before the proper officer of Customs at the time of clearance of
imported goods out of Customs control;
Provided that no such imported materials shall be permitted clearance under this Notification unless
a debit entry has been made, in the said Pass Book, by the proper officer of Customs;
(iv) that the imports and exports are undertaken from sea ports at Bombay, Calcutta, Cochin, Kandla,
Mangalore, Marmgoa, Madras, Nhava Sheva, Paradeep, Tuticorin and Vishakapatnam or through any
of the airports at Ahmedabad, Bangalore, Bombay, Calcutta, Delhi, Jaipur, Varanasi, Srinagar,
Trivandrum, Hyderabad and Madras, or through any of the Inland Container Depots at Bangalore,
Coimbatore, Delhi, New Gauhati Goods Shed, Moradabad, Ludhiana and Hyderabad:
GENERAL EXEMPTION NO. 64 1214
Provided that the Commissioner of Customs may by special order and subject to such conditions as
may be specified by him, permit imports and exports from any other sea port, airport, land customs
station or inland container depot;
(v) that the export obligation is discharged, within two years of issue of the said Pass Book or within such
extended period as may be granted by the Director General of Foreign Trade, by exporting goods
manufactured in India in respect of which -
(a) no input stage credit is obtained under rule 56A or 57A of the Central Excise Rules, 1944 (hereinafter
referred to as the said Rules);
(b) facility under rule 191 A or 191B as in force immediately before the 1st October, 1994, or rule 12(1)(b)
or rule 13(1)(b) of the said rules, has not been availed; and
(c) drawback has not been claimed either under section 74 of the Customs Act, 1962 or Customs and
Central Excise Duties Rules, 1971in case the said Pass Book has been issued without quantity
restrictions for each of the items of import.
Provided that this restriction shall not apply to grant of drawback of Central Excise Duties paid on
inputs not appearing in the said Pass Book in cases where the said Pass Book has been issued with
quantity restriction on each of the items of import;
Provided further that in a case where the said Pass Book has been issued with quantity restriction on
each of the items of import and any item included in the said Pass Book is not imported duty free, the
drawback of both Customs and Central Excise duties on such item shall be admissible only after the
Pass Book is modified by the Licensing Authority to delete that item from the said Pass Book;
(vi) exempt materials shall not be disposed of or utilised in any manner, except for utilisation in discharge
of export obligation, before the export obligation under the said Pass Book has been discharged and
export proceeds realised:
Provided that exempt material may be transferred to supporting manufacturer whose name is
entered in the said Pass Book ;
Provided further the Acetic Anhydride in respect of which the benefit of this notification is claimed
shall be utilised by the importer in his own factory or in the factory of any other manufacturer indicated
in the said pass book even after discharge of export obligation and realisation of export proceeds.
(i) “Export and Import Policy April 1992 - March 1997” means the Export and Import Policy 1 April
1992 - 31 March 1997 published vide Public Notice of the Government of India in the Ministry of
Commerce No.1-ITC(PN)/92-97, dated the 31st March, 1992 as amended from time to time;
(ii) “Licensing Authority” means the Director General of Foreign Trade appointed under the Foreign
Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised by him to grant
licence under the said Act;
(iii) “Materials” means:-
GENERAL EXEMPTION NO. 64 1215
(a) raw materials, components, intermediates, consumables, parts and computer software
required for manufacture of export product;
Provided that nothing contained in this notification shall apply to import of Acetic
Anhydride; against pass books issued after 24th November, 1993 except where such pass
book together with the quantity required for manufacture of the export product mentioned
therein have been issued with the approval of Advance Licencing Committee in the office of
the Director General of Foreign Trade.
(b) spares and mandatory spares, within a value limit of 5% of the C.I.F. value of the Pass Book
issued upto 31st March 1993, which are required to be exported along with the export
product; and
(c) packaging materials required for packing of export product.
GENERAL EXEMPTION NO. 65 1216
Exemption to Goods imported against a Pass Book issued by the designated authority under paragraph
54 of the Export and Import Policy 1992-97.
[Notfn. No. 104/95-Cus., dt. 30.5.1995 as amended by Notfn. Nos. 55/95, 33/96, 81/96, 24/97 and
12/99, 26/17]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52
of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods imported into India from
(i) the whole of the duty of customs leviable thereon which is specified in the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975); and
(ii) the whole of the additional duty leviable under sub-sections (1), (3) and (5) of section 3 of the said
Customs Tariff Act, where specifically claimed by the importer.
(1) That the importer has been issued a Pass Book by the designated authority under paragraph
54 of the Export and Import Policy (hereinafter referred to as said Pass Book).
(2) The importer has been permitted credit entries of the amounts equal to basic customs duties
on the inputs used in the products exported by the importer as verified by an Assistant Commissioner
of Customs or Deputy Commissioner of Customs.
Provided that credit shall not be allowed by the designated authority in respect of goods exported
under a claim for drawback or in discharge of export obligation against a licence issued under Duty
Exemption Scheme contained in Chapter VII of the Export and Import Policy or where export was from a port
or airport or Inland Container Depot other than the ports or airports or Inland Container Depots at Bombay,
Nhava Sheva, Calcutta, (including the land Customs Station at Petropole) Madras or Delhi.
(ii) shall be admissible only where the export product is declared and if necessary proved to the
satisfaction of the Assistant Commissioner of Customs to have been manufactured out of inputs of
prime quality, except where the said norms allow import of scrap or waste;
(a) at the rate of customs duties chargeable under the First Schedule to the Customs Tariff Act, 1975 (51
of 1975) read with notifications, if any, issued under section 25 of the said Customs Act on the inputs
GENERAL EXEMPTION NO. 65 1217
as if the inputs were imported on the date on which the order permitting the clearance and loading the
Export product was made by the proper officer of the Customs under section 51 of the said Customs
Act;
(b) where duties of customs are chargeable on any input by reference to its value, such value shall be
determined by proceeding sequentially through the following methods, namely:-
(I) the value shall be deemed to be the price at which the same or similar inputs, known to be usable in
the export product were imported at the place of exportation of such export product within 90 days
prior to such export, or
(II) the price at which inputs of like kind were imported anywhere in India within 180 days prior to the
export by the pass book holder himself or by any other person, or
(III) the price at which such inputs were exported from India within 90 days prior to the date of exports;
or
(IV) the price published in a contemporary reputed journal which regularly publishes international prices
of such inputs; or
(V) the price arrived at by following any other reasonable method which the Assistant Commissioner of
Customs or Deputy Commissioner of Customs may deem fit.
(iv) shall not be allowed in case the total value of inputs in respect of which credit is claimed exceeds 75%
of the F.O.B. value of the products exported, unless otherwise permitted by a general or special order by the
Director General of Foreign Trade, in the Ministry of Commerce, or any other officer authorised by him.
(3) The said Pass Book is produced before the designated authority for debit of the duties leviable on
the goods but for exemption contained herein:
Provided that exemption from duty shall not be admissible if there is insufficient credit in the said
Pass Book for debiting the duty leviable on the goods but for this exemption.
(4) The said Pass Book shall be valid for credits by the designated authority for two years from the
date of issue thereof and any credit in the said Pass Book if not utilised within three years from the
date of its issue shall lapse.
Provided that where the export has been effected upto and including, 31st March, 1997, and credit
in the pass-book has not been granted, the pass-book shall be valid for credit upto and including 31st
March, 1999.
(5) The said Pass Book or the credit allowed therein shall not be transferable to any other person.
(6) where the importer does not claim exemption from the additional duty of customs leviable under sub-
sections (1), (3) and (5) of section 3 of the Customs Tariff Act, 1975 (51 of 1975), he shall be deemed
not to have availed the exemption from the duty specified in the First Schedule to the said Customs
Tariff Act for the purpose of calculation of the said additional duty of customs.
Explanation:- “Export and Import Policy” means the Export and Import Policy 1 April 1992 - 31 March
1997 (Revised Edition : March 1995) published vide notification of the Government of India in the Ministry
of Commerce No.1 (RE-95)/92-97 dated the 31st March, 1995.
GENERAL EXEMPTION NO. 66 1218
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act 1962 (52 of
1962) and in supesession of the notification of the Government of India in the Ministry of Finance (Department
of Revenue) No. 81/95-Customs, dated the 31st March, 1995, the Central Government, being satisfied that
it is necessary in the public interest so to do, hereby exempts the goods imported into India from the whole
of the duty of Customs leviable thereon which is specified in the first Schdule to theCustoms Tariff Act,
1975 (51 of 1975) and from whole of the additional duty leviable thereon under sub-sections (1), (3) and
(5) of section 3 of the said Customs Tariff Act, subject to the following conditions, namely:-
(i) that the goods are imported for execution of an export order placed on the importer by the
supplier of goods for jobbing;
(ii) that the goods so imported, including resultant products, are re-exported to the supplier of the
goods or to any other person which the said supplier may specify within six months from the date
of clearance or within such extended period as the Assistant Commissioner or Deputy Commissioner
of Customs of Customs may allow:
Provided that where the goods are in the nature of patterns drawings, jigs, tools, fixtures, moulds,
tackles and instruments, such goods may be allowed by the Assistant Commissioner of Customs or
Deputy Commissioner of Customs to be retained subject to payment of customs duties leviable as
on the date of import without allowing any depreciation except for items specified in the negative
list of import in the Export and Import Policy for which the impoter shall obtain and produce,
necessary permission in terms of paragraph 7.12(v) of the Export and Import Policy:
Provided further that the wastage arising during the process of jobbing, as determined in terms of
Standard Input-Output norms published by the Government of India in the Ministry of Commerce
in the Handbook of Procedure (Vol.2) vide Public Notice No.2/(PN)/1997-2002, dated the 31st
March, 1997 and to where such Standard Input-Output norms for the resultatnt product have not
been published, the satisfaction of the Assistant commissioner of customs or Deputy Commissioner
of Customs shall be disposed off in the manner as may be specified by the said Assistant Commissioner
of Customs or Deputy Commissioner of Customs;
(iii) that the goods are utilised only for the discharge of export obligation and no part thereof shall be sold,
loaned, transferred or otherwise used or disposed of;
(iv) that the FOB value of the resultant products exported is at least 10% more than the C.I.F. value
of all goods imported in relation to the said resulant products:
Provided that where the resultant products are textile and clothing goods falling under chapters 50 to
63 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), the value addition under this
condition shall be of any positive value;
(v) that the jobbing is undertaken in accordance with the procedure set out in the Customs (Import of
Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 1996;
GENERAL EXEMPTION NO. 66 1219
Provided that where the jobbing is to be undertaken by or through cottage industry without being
confined to any specific premises, the importer shall execute a bond with such surety or security and
in such form and for such sum as may be specified by the Assistant Commissioner of Customs or
Deputy Commissioner of Customs binding himself to pay on demand an amount equal to the duty
leviable on the goods imported but for the exemption contained herein, in respect of which the
conditions specified in this notification have not been complied with together with interest at the
rate of fifteen percent per annum from the date of clearance of goods;
(vi) that the imports and exports are undertaken through sea ports at Bombay, Calcutta, cochin, Kandla,
mangalore, Marmagoa, Madras, Nhava Sheva, Paradeep, Tuticorin and Visakhapatnam or through
any of the airports at Ahmedabad, Bangalore, Bombay, Calcutta, Coimbatore, Delhi, Hyderabad,
Jaipur, Madras, Srinagar, Trivandrum and Varanasi or through any of the Inland container Depots at
Bangalore, Coimbatore, Delhi, Gauhati, Hyderabad, Kanpur, Ludhiana, Moradabad, Pimpri (Pune)
and Pitampur (Indore):
Provided that the Commissioner of Customs may by special order and subject to such conditions as
may be specified by him, permit import and export through any other sea port, airport, or Inland
Container Depot or through a land customs station.
(vii) that the goods being imported are not prohibited items specified in the ITC (HS-Classification of
export and import) as declared by the Govt. of India the Min. of Commerce.
Exemption to Commercial samples and advertising materials and price lists imported in accordance
with the International Convention drawn up at Geneva on 7.11.1952 and for export order.
[Notfn. No. 154/94-Cus. dt. 13.7.1994 as amended by Notfn. Nos. 100/95, 101/95, 75/97, 86/99 28/03,
50/05, 21/06, 74/07, 62/08, 109/09, 16/10, 43/17]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52
of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods (hereinafter referred to as the said goods) of the description specified in column (2) of the
Table hereto annexed and falling within the First Schedule to the Customs Tariff Act, 1975 (51 of 1975),
when imported into India, from the whole of the duty of customs leviable thereon which is specified in
the said Schedule and from the whole of the integrated tax leviable thereon under sub-section (7) of section
3, of the second mentioned Act subject to the conditions, if any, laid down in the corresponding entry in
column (3) thereof.
TABLE
S.No. Description of goods Conditions
1 2 3
1. Samples The samples are exempt from import duties under and in
accordance with the International Convention to facilitate
the importation of Commercial Samples and Advertising
material drawn up at Geneva and dated the 7th day of
November, 1952.
2. Price Lists The price lists are supplied free of charge and are exempt
from import duties under and in accordance with the
Convention mentioned against S.No. 1 above.
3. Commercial samples (i) The said goods have been imported as personal
baggage by bona fide commercial travellers or
businessmen or imported by post or by air;
(ii) The importer produces his Import Export Code
Number at the time of importation;
(iii) The said goods are clearly marked as samples;
(iv) The import of the said goods does not exceed
Rs.3,00,000 (three Lakh) in value or 50 units in
number, within a period of twelve months; and
Provided that where the samples relating to gem
and jewellery industry are imported by exporters of gem
and jewellery, the import of said sample shall not exceed
value of Rs. 3,00,000 (Three lakhs) or 0.25% of average
value of three immediately preceding years exports
whichever is lower, and such samples shall not exceed 15
units in number, within a period of twelve months subject
GENERAL EXEMPTION NO. 67 1221
Explanation:- For the purposes of condition (ii), postal charges or the air-frieght shall not be taken into
account for determining the value limit of rupees ten thousand.
GENERAL EXEMPTION NO. 68 1223
Exemption to goods when imported to India against a duty credit certificate issued under the Target
Plus Scheme:
[Notfn. No. 32/05-Cus., dt.8.4.2005 as amended by Notifn. No.46/05, 77/05, 97/05, 41/06,
63/07, 116/07, 63/08, 19/09, 105/09, 123/09, 93/10, 37/12, 40/12, 50/12, 4/13, 20/13, 5/15, 26/17]
“In exercise of the powers conferred by sub-section (1) of section 25 of the dated the 8th April, 2005
Customs Act, 1962 (52 of 1962), the Central Government, being satisfied that it is necessary in the public
interest so to do, hereby exempts , -
(i) the goods specified in para 3.7 of the Foreign Trade Policy and in serial number 509 of
notification number 21/2002-Customs dated 1.3.2002, in case they are imported by the status holders of
marine sector;
(ii) the goods specified in para 3.7 of the Foreign Trade Policy in case they are imported by the
status holders of other sectors;
when imported into India against a Duty Credit Certificate (hereinafter referred to as the said certificate)
issued under paragraph 3.7 of the Foreign Trade Policy) from.
(a) the whole of the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act
1975 (51 of 1975); and
(b) the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3 of the
said Customs Tariff Act,-
subject to the following conditions, namely :-
(1) that the benefit under this notification shall be available only in respect of duty credit certificate
issued under the said Scheme to a Star Export House on the basis of incremental growth in FOB
value of exports made during the financial year 2004-05 over the exports made during the financial
year 2003-04;
(2) that the said certificate has been issued to a Star Export House by the licensing authority and it is
produced before the proper officer of customs at the time of clearance for debit of the duties leviable
on the goods, but for this exemption:
Provided that exemption from duty shall not be admissible if there is insufficient credit in
the said certificate for debiting the duties leviable on the goods, but for this exemption;
(3) that the said certificate and goods imported against it shall not be transferred or sold:
Provided that where the goods are imported by a merchant exporter having supporting
manufacturer(s) whose name and address is specified on the said certificate, the said goods may be
utilised by the said supporting manufacturer(s);
(4) that in respect of capital goods, office equipment and professional equipment, a certificate from
Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be,
having jurisdiction over the importer's factory or premises is produced confirming installation and use
GENERAL EXEMPTION NO. 68 1224
of goods in importer's factory or premises, within six months from the date of import or within such
extended period as the Deputy Commissioner of Customs or Assistant Commissioner of Customs at
the port of registration of the said certificate may allow:
Provided that in respect of units which are not registered with the central excise, the said
installation certificate may be issued by an independent Chartered Engineer;
Provided further that where the capital goods, office equipment and professional equipment,
are imported by a merchant exporter having supporting manufacturer(s), the goods may be installed
in the factory or premises of the said supporting manufacturer(s);
(5) that the imports against the said certificate are undertaken through sea ports at Mumbai, Sikkim,
Kolkata, Cochin, Magdalla, Kakinada, Kandla, Mangalore, Marmagoa, Chennai, Nhava Sheva,
Paradeep, Pipavav, Sikka, Tuticorin, Visakhapatnam, Dahej, Mundhra, Nagapattinam, Okha, Bedi
including Rogi-Jamnagar, Muldwarka, Porbander, Dharamtar, Vadinar and Haldia (Haldia Dock
Complex of Kolkata Port), Krishnapatnam and Ennore (Tamil Nadu), Karaikal (Union territory of
Puducherry) and Kattupalli (Tamil Nadu) or through any of the airports at Ahmedabad, Bangalore,
Bhubaneswar, Mumbai, Kolkata, Coimbatore, Delhi, Hyderabad, Jaipur, Chennai, Srinagar,
Trivandrum, Varanasi, Nagpur, Cochin, Rajasansi (Amritsar), Lucknow (Amausi), Indore and
Dabolim (Goa), Visakhapatnam and Calicut or through any of the Inland Container Depots at Agra,
Bangalore, Coimbatore, Delhi, Faridabad, Gauhati, Guntur, Hyderabad, Jaipur, Jallandhar, Kanpur,
Ludhiana, Moradabad, Nagpur, Pimpri (Pune), Pitampur (Indore), Surat, Tirupur, Varanasi, Nasik,
Rudrapur (Nainital), Dighi (Pune), Vadodara, Daulatabad (Wanjarwadi and Maliwada), Waluj
(Aurangabad), Talegoan (District Pune), Dhannad Rau (District Indore),Kheda (Pithampur, District
Dhar), Patli (Gurgaon), Irugur Village (Tamil Nadu), Thudiyalur (Tamil Nadu), Chettipalayam (Tamil
Nadu) and Veerapandi (Tamil Nadu)Marripalem Village in Taluk of Edlapadu, District Guntur and
Tondiarpet (TNPM), Chennai and Irungattukottai, SIPCOT IndustrialPark, Kattrambakkam Village,
Sriperumbudur Taluk, Kanchipuram District, Tamil Nadu, Anaparthy, (Andhra Pradesh), Salem,
Malanpur, Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai, Bhilwara,
Pondicherry, Garhi Harsaru, Bhatinda, Dappar (Dera Bassi), Chheharata (Amritsar), Karur, Miraj,
Rewari, Bhusawal, Jamshedpur, Surajpur, Dadri, Tuticoin, Kundli, Bhadohi, Raipur Mandideep
(District Raisen), Durgapur (Export Promotion Industrial Park), Babarpur, Loni (District Gaziabad)
and Melapakkam Village (Arakkonam Taluk, Vellore District) or through the Land Customs Station
at Ranaghat, Singhabad, Raxaul, Jogbani, Nautanva (Sonauli), Petrapole, Mahadipur, Nepalganj Road,
Dawki, Agartala, Sutarkhandi, Amritsar Rail Cargo, Attari Road, Hilli, Ghojadanga and Changrabandha
or Special Economic Zones as specified in the notification issued under Section 76A of the said
Customs Act;
(6) that where the importer does not claim exemption from the additional duty of customs leviable under
sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff Act, he shall be deemed not to
have availed the exemption from the said duty for the purpose of calculation of the said additional
duty of customs.
(7) that the importer shall be entitled to avail of the drawback or CENVAT credit of additional duty
leviable under sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff Act against the
amount debited in the said certificate.
GENERAL EXEMPTION NO. 68 1225
2. The following categories of exports shall not be counted for calculation of export performance or for
computation of entitlement under the scheme -
(i) export of imported goods covered under para 2.35 of the Foreign Trade Policy or exports
made through transhipment;
(ii) export turnover of units operating under SEZ/EOU/EHTP/STP/BTP; Schemes or products
manufactured by them and exported through DTA units;
(iii) deemed exports (even when payments are received in Free Foreign Exchange and payment
is made from EEFC account);
(iv) service exports;
(v) exports of rough, uncut and semi-polished diamonds and other precious stones
(vi) exports of gold, silver, platinum and other precious metals in any form, including plain and
studded jewellery;
(vii) Export performance made by one exporter on behalf of another exporter.
3. The Target Plus Scheme may be re-notified for subsequent years with such modifications as are
necessary.
(i) “goods” means any inputs, capital goods including spares, office equipment, professional equipment,
office furniture, and agricultural products listed in Chapters 1 to 24 of the First Schedule to said
Customs Tariff Act as may be notified by DGFT from time to time, which are freely importable
under the Foreign Trade Policy;
(ii) “capital goods” has the same meaning as assigned to it in paragraph 9.12 of the Foreign Trade
Policy;
(iii) “Foreign Trade Policy" means the Foreign Trade Policy 2004-2009, published by the Government
of India in the Ministry of Commerce and Industry vide notification No.1/2004, dated the 31st August,
2004 as amended from time to time;
(iv) “licensing authority” means the Director General of Foreign Trade appointed under section 6 of the
Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised by
him to grant a license under the said Act.
GENERAL EXEMPTION NO. 69 1226
ery or tools in the production or manufacture of goods which the exporting Member State and
of materials used in the maintenance of such plant and machinery and of such tools.
5. (1) Each unit of goods in consignment shall be considered separately.
(2) For purposes of sub-paragraph (i) -
(a) tools, parts and accessories which are imported with the goods and the price of which
is included in that of the goods or for which no separate charge is made shall be considered as
forming a whole with the goods, provided they constitute the standard equipment customarily
included in the sale of goods of that kind;
(b) in cases not falling under clause (a), goods shall be treated as a single unit if they are
treated so for purposes of assessing duties of Customs.
(3) Unassembled or disassembled goods which are imported in more than one consignment because
it is not feasible for transport or production reasons to import such goods in a single consignment
shall, if the importer so requests, be treated as one article, if they are so treated for purposes of
assessing duties of Customs.
6. (i) A claim that goods shall be accepted as eligible to Special Tariff Concession shall be
supported by an appropriate certificate of origin given by a Governmental authority or an
authorised body nominated by the exporting Member State and notified to the Government of
India.
(ii) The form of certificate of origin shall be as prescribed in the Annexure appended to this
Schedule.
ANNEXURE
(See Paragraph 6(2) of the Schedule)
Form of Certificate of Origin of goods eligible for preferential treatment
(To be given by a Governmental authority or an authorised body nominated by the exporting
Member State and to be written, typed or printed in the English language on invoice of goods).
1. In the case of goods falling under clause (i) of paragraph 1 of the Schedule to the Customs Tariff
(Determination of Origin of Goods under the Bangkok Agreement) Rules, 1976, the certificate
shall be as follows:
“Having been authorised in accordance with the Customs Tariff (Determination of Origin of
Goods under the Bangkok Agreement) Rules, 1976, the undersigned certifies that the goods
described in this invoice have been wholly produced/manufactured within the territory of
--------------- (name of the exporting Member States).
Place ---------------
Date ---------------
Signature and Seal”
II. In the case of goods falling under clause (ii) of paragraph 1 of the Schedule to the Customs Tariff
(Determination of Origin of Goods under the Bangkok Agreement) Rules, 1976, the certificate
shall be as follows:
GENERAL EXEMPTION NO. 69 1229
Having been authorised in accordance with the Customs Tariff (Determination of Origin of
Goods under the Bangkok Agreement) Rules, 1976, the undersigned certifies that:
(1) the goods described in this invoice have been partially/wholly manufactured in
--------------- (name of the exporting Member State);
(2) the final process of manufacture of the goods described in this invoice has been per-
formed within --------------- (name of the exporting Member State) in accordance with the require-
ments of paragraphs 1 and 2 of the Schedule to the Customs Tariff (Determination of Origin of
Goods under the Bangkok Agreement) Rules, 1976;
(3) the expenditure on all goods produced and labour performed within the territory of
--------------- (name of the exporting Member State) in the manufacture of the goods described in
this invoice is not less than fifty per cent of the ex-factory or ex-works cost of the goods in their
finished state;
(4) the goods originating from --------------- [name(s) of the Member States/which have
been used in the manufacture of the goods described in this invoice, satisfies the requirements of
origin --------------- (name of the exporting Member States) as required under the Bangkok Agree-
ment.
Place ---------------
Date ---------------
Signature and Seal
GENERAL EXEMPTION NO. 70 1230
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962
(52 of 1962) and in supersession of the notification of the Government of India in the Ministry of Finance
(Department of Revenue), No. 72/2005-Customs, dated the 22nd July, 2005, published in the Gazette of
India, Extraordinary, vide number G.S.R.497( E), dated the 22nd July, 2005, the Central Government, being
satisfied that it is necessary in the public interest so to do, hereby exempts the goods of the description
specified in column (3) of the Table hereto annexed and falling under the Chapter, Heading No., Sub-
heading No. or tariff item of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) and specified
in the corresponding entry in column (2) of the said Table, -
(a) in the case of goods specified in Part A of the said Table, when imported into India from a
country listed in APPENDIX I hereto annexed; or
(b) in the case of goods specified in Part B of the said Table, when imported into India from a
country listed in APPENDIX II hereto annexed,
from so much of that portion of the applied rate of duty of customs as is specified in the corresponding
entry in column (4) of the said Table:
Provided that the importer proves to the satisfaction of the Deputy Commissioner of Customs or Assistant
Commissioner of Customs, as the case may be, that the goods in respect of which the benefit of this
exemption is claimed are of the origin of the country listed in the said APPENDIX I or APPENDIX II, as
the case may be, in accordance with the Customs Tariff (Determination of Origin of Goods under the
Bangkok Agreement) Rules, 1976, published in the notification of the Government of India in the Depart-
ment of Revenue and Banking (Revenue Wing) No. 430-Customs, dated the 1st November, 1976.
Explanation. - For the purposes of this notification, "applied rate of duty" means the standard rate of duty
specified in the First Schedule to the said Customs Tariff Act, 1975 in respect of the goods specified in the
said Table, read with any other notification for the time being in force, issued in respect of such goods
under sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), but not including the notifica-
tions of the Government of India in the Ministry of Finance (Department of Revenue), Nos. 236/89-
Customs, dated the 1st September, 1989 [G.S.R. 805 (E), dated the 1st September, 1989], 105/99-Customs
dated the 10th August, 1999 [G.S.R. 582 (E), dated the 10th August, 1999], and 26/2000-Customs dated
the 1st March 2000 [G.S.R. 178 (E), dated the 1st March, 2000].
Table
S. No. Chapter, Description of goods Extent of tariff
Heading No., concession
Sub-heading (percentage of applied
No., or tariff rate of duty; %)
item
(1) (2) (3) (4)
Part A
GENERAL EXEMPTION NO. 70 1231
3202 90 90)
363. 3202 90 90 All goods 30
364. 3203 00 10 All goods 30
365. 3203 00 20 All goods 40
366. 3203 00 30, All goods 45
3203 00 40
367. 3203 00 90 All goods 30
368. 3204 11 41 to All goods 45
3204 11 43
369. 3204 11 53 to All goods 45
3204 11 56
370. 3204 12 21 to All goods 45
3204 12 25
371. 3204 12 41 to All goods 45
3204 12 53
372. 3206 11 All goods 8
373. 3209 90 All goods 7
374. 3212 90 All goods 30
375. 3301 29 All goods 7
376. 3302 90 All goods 10
377. 3304 10 00 All goods 10
378. 3304 (except All goods 15
3304 10 00)
379. 3305 10 t0 3305 30 All goods 15
380. 3306 10 All goods 10
381. 3306 20 to 330690 All goods 30
382. 3307 10 , 3307 90 All goods 15
383. 3401 11 All goods 15
384. 3402 19 00 All goods 30
385. 3402 20 to 3402 90 All goods 12
386. 3403 19 00 All goods 45
387. 3403 90 10 to All goods 45
3403 90 33
388. 3403 90 39 All goods 40
389. 3405 20 00 All goods 45
390. 3405 30 to 3405 40 All goods 30
391. 3407 All goods 12
392. 3501 10 00 All goods 30
393. 3501 90 00 All goods 40
394. 3502 11 00, All goods 45
3502 19 00
395. 3502 20 00 All goods 40
396. 3502 90 00 All goods 30
397. 3503 00 10 All goods 40
398. 3503 00 20 to All goods 30
3504 00 99
399. 3505 20 00 All goods 30
GENERAL EXEMPTION NO. 70 1243
4412 34 40
549. 4412 34 90 All goods 40
550. 4412 39 10 All goods 40
551. 4412 39 20 All goods 30
552. 4412 39 30 All goods 40
553. 4412 39 40 All goods 30
554. 4412 39 90 All goods 40
555. 4412 94 00 All goods 40
556. 4412 99 All goods 10
557. 4413 00 00 All goods 10
558. 4414 00 00 All goods 8
559. 4415 All goods 10
560. 4416 00 10 All goods 40
561. 4416 00 20 All goods 30
562. 4417 00 00 All goods 10
563. 4418 10 00 All goods 10
564. 4418 20 All goods 12
565. 4418 40 00 All goods 40
566. 4418 50 00 All goods 30
567. 4418 60 00 to All goods 40
4418 79 00
568. 4418 91 00, All goods 12
4418 99 00
569. 4419 All goods 10
570. 4420 All goods 40
571. 4421 10 00 All goods 8
572. 4421 91, 4421 99 All goods 10
573. 4501, 4503 All goods 50
574. 4502 00 00 All goods 50
575. 4504(except All goods 40
4504 10 20)
576. 4504 10 20 All goods 30
577. 4701 00 00 to All goods 45
4703 29 00 (except
4703 19 00)
578. 4704 11 00 to All goods 30
4704 21 00
579. 4704 29 00 All goods 45
580. 4705 00 00 All goods 45
581. 4706 20 00 All goods 45
582. 4706 30 00 All goods 30
583. 4706 91 00 All goods 45
584. 4706 92 00 to All goods 30
47079000
585. 4801 00 10 All goods 60
586. 4802 10 10 All goods 30
587. 4802 10 20 All goods 30
GENERAL EXEMPTION NO. 70 1248
8454 30 20
1015. 8464 10 10 to All goods 20
8464 20 00
1016. 8466 94 00 All goods 30
1017. 8467 21 00 All goods 5
1018. 8472 90 All goods 5
1019. 84752900 All goods 5
1020. 8475 90 00 All goods 30
1021. 8477 20 00 All goods 15
1022. 8480 10 00 All goods 15
1023. 8480 20 00 to All goods 30
8480 41 00
1024. 8480 50 00 All goods 30
1025. 8480 71 00 All goods 15
1026. 8480 79 00 All goods 5
1027. 8481 20 00 All goods 15
1028. 8481 80 All goods 5
1029. 8481 90 All goods 20
1030. 8487 All goods 45
1031. 8503 All goods 20
1032. 8504 31 00 to All goods 20
8504 33 00
1033. 8504 34 00 All goods 15
1034. 8509 90 00 All goods 5
1035. 8510 10 00 to All goods 5
8510 30 00
1036. 8511 10 00 All goods 5
1037. 8514 20 00 All goods 20
1038. 8515 11 00 All goods 20
1039. 8522 10 00 All goods 7
1040. 8523 80 10 All goods 80
1041. 8523 80 30 All goods 15
1042. 8523 80 40 to All goods 80
8523 80 60
1043. 8529 10 11 All goods 15
1044. 8529 10 12 All goods 45
1045. 8529 10 21, All goods 15
8529 10 22
1046. 8529 10 91, All goods 45
8529 10 92
1047. 8529 90 10 All goods 15
1048. 8530 10 All goods 45
1049. 8530 90 00 All goods 40
1050. 8531 80 00 All goods 5
1051. 8531 90 00 All goods 7
1052. 8539 10 00 to All goods 7
8539 2 190
GENERAL EXEMPTION NO. 70 1260
______________________________________________________________________________
Part B
(1) (2) (3) (4)
1. 03 05 51 All goods 100
2. 03 05 52 All goods 100
3. 03 05 53 All goods 100
4. 03 05 54 All goods 100
5. 03 05 59 All goods 100
6. 41 04 11 All goods 100
7. 41 04 19 All goods 100
8. 41 04 41 All goods 100
9. 41 04 49 All goods 100
10. 41 07 11 All goods 100
11. 41 07 12 All goods 100
12. 41 07 19 All goods 100
13. 41 07 91 All goods 100
14. 41 07 92 All goods 100
15. 41 07 99 All goods 100
16. 41 06 21 All goods 100
17. 41 06 22 All goods 43
18. 41 15 10 All goods 43
19. 48 01 00 All goods 43
20. 48 02 54 All goods 43
21. 48 02 55 All goods 43
22. 48 02 56 All goods 14
23. 48 02 57 All goods 14
24. 48 02 58 All goods 50
25. 57 01 90 Carpets whollymadeofjute 50
26. 57 03 90 Carpets whollymadeofjute 50
27. 72 13 10 All goods 50
28. 72 13 20 All goods 50
29. 72 13 91 All goods 50
30. 72 13 99 All goods 50
31. 72 14 10 All goods 50
32. 72 14 20 All goods 50
33. 72 14 91 All goods 50
34. 72 14 99 All goods 50
35. 72 16 10 All goods 50
36. 72 16 21 All goods 50
37. 72 16 22 All goods 50
38. 72 16 31 All goods 50
39. 72 16 32 All goods 50
40. 72 16 33 All goods 50
41. 72 16 40 All goods 50
42. 72 16 50 All goods 50
43. 72 16 61 All goods 50
44. 72 16 69 All goods 50
GENERAL EXEMPTION NO. 70 1264
APPENDIX I
_____________________________________________________________________________________________________
S. No. Country
________________________________________________________________________________
(1) (2)
______________________________________________________________________________
1. Bangladesh
2. People's Republic of China
3. Republic of Korea
4. Sri Lanka
______________________________________________________________________________
APPENDIX II
_____________________________________________________________________________________________________
S. No. Country
________________________________________________________________________________
(1) (2)
______________________________________________________________________________
1. Bangladesh
2. Lao People's DemocraticRepublic
___________________________________________________________________________________
2. This notification shall come into force with effectfrom the1st day of July, 2018.
GENERAL EXEMPTION NO. 71 1265
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts Hand- woven Jamdani sarees falling under heading Nos.50.07, 52.08 or 52.09 of the First Sched-
ule to the Customs Tariff Act, 1975 (51 of 1975), when imported into India from Bangladesh, which has
ratified the Bangkok Agreement, from the whole of the additional duty leviable thereon under section 3 of
the second mentioned Act:
Provided that the importer proves to the satisfaction of the Assisttant Commissioner or Deputy
Commissioner of Customs that the goods, in respect of which the benefit of exemption under this notifica-
tion is claimed, comply with the requirements specified in the Customs Tariff (Determination of Origin of
goods under the Bangkok Agreement) Rules, 1976.
Explanation:- In this notification, "Bangkok Agreement" means the First Agreement of Trade Negotia-
tions among Developing Member Countries of the Economic and Social Commission for Asia and the
Pacific.
GENERAL EXEMPTION NO. 72 1266
article, not less than one-quarter, of the factory or works cost of the article in its finished state:
Provided that where the articles are consigned from other preferential area the material
produced and labour performed in any other preferential area may be reckoned as though it were
material produced or labour performed in the preferential area from which the goods were con-
signed.
Explanation - For the purposes of clause (b) (ii) (C), the final process of manufacture shall not be
deemed to have been performed in any country in which no process other than the process of
mixing, bottling, labelling, packing into retail containers or the like have been performed, but
where such process as aforesaid has been performed in the country in which the final process of
manufacture has been performed, nothing herein shall render the cost of such process ineligible for
inclusion in the computation of the fraction of the factory or works cost of the article in its
finished state which represents expenditure on material produced and labour performed in that
country.
5. Imports by Post - No Claim that articles are chargeable with a preferential rate of duty shall be
considered by the Assistant Commissioner or Deputy Commissioner of Customs in respect of
articles imported by post, unless at the time of arrival in India, such articles are covered by a
declaration as to the country of origin entered in the Customs declaration form or (in the absence
of such a form), on the wrapper of the package.
SCHEDULE (See Rule 4)
1. Sewing and Knitting Machines (and parts thereof) to be worked by manual labour or which require
for their operation less than one quarter of one brake-horsepower.
2. Cycles (other than motor cycles) imported entire or in section and parts and accessories thereof,
excluding rubber tyres and tubes.
3. Motor cars including taxi cabs and articles (other than rubber tyres and tubes) adapted for use
exclusively as parts and accessories thereof.
4. Motor omni-buses; chassis of motor omni-buses, motor vans and motor lorries; and parts of me-
chanically propelled vehicle and accessories excluding rubber tyres and tubes.
5. Motor cycles and motor scooters and articles (other than rubber tyres and tubes) adapted for use
as parts and accessories thereof.
GENERAL EXEMPTION NO. 73 1268
In exercise of the powers conferred by sub-section (3) of Section 4 of the Customs Tariff Act, 1975
(51 of 1975), and in supersession of the notification of the Government of India in the Department of
Revenue and Banking No.352/Customs, dated the 2nd August, 1976 the Central Government declares the
countries specified in the Table below to be “Preferential areas” for the purposes of the said section.
TABLE
________________________________________________________________________________________________________
S.No. Countries
________________________________________________________________________________________________________
(1) (2)
________________________________________________________________________________________________________
1. Mauritius
2. Seychelles
3. Tonga
________________________________________________________________________________________________________
GENERAL EXEMPTION NO. 74 1269
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government being satisfied that it is necessary in the public interest so to do, hereby
exempts the goods specified in column (3) of the Table annexed hereto and falling within Chapter, heading
No. or sub-heading No. of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), specified in
column (2) of the said Table, when imported into India from Mauritius, Seychelles or Tonga, from so
much of that portion of the duty of customs leviable thereon which is specified in the said First Schedule as
is in excess of the amount calculated at the rate specified in the corresponding entry in column (4) of the
said Table:
Provided that the importer proves to the satisfaction of the proper officer of customs that the goods
in respect of which the exemption under this notification is claimed are being imported in accordance with
the provisions of the Customs Tariff (Determination of Origin of other Preferential Areas) Rules,
1977, published with the notification of the Government of India in the Department of revenue and Banking
(Revenue Wing) No.99 Customs, dated the Ist July, 1977.
TABLE
S.No. Chapter or Heading Description of goods Rate
No. or
Sub-heading No.
(1) (2) (3) (4)
1. 0904.21 Unground chillies 22.5 per cent ad valorem
4. 12.11 Plants and parts of plants used primarily in 20 per cent ad valorem
pharmacy or for insecticidal, fungicidal or
similar purposes, fresh or dried
5. 1301.90 Gums, Benjamin and Damar, other than lac 20 per cent ad valorem
2939 71,
2939 79 or
2939 80
Customs Tariff (Determination of Origin of Goods under the Agreement on Global System of Trade
Preferences among Developing Countries) Rules, 1989
[Notfn. No. 281/89-Cus. dt. 18.12.89]
In exercise of the powers conferred by sub-section (1) of section or 5 of the Customs Tariff Act,
1975 (51 of 1975), the Central Government hereby makes the following rules, namely:-
1. Short title commencement:-
(1) These rules may be called the Customs Tariff (Determination of Origin of Goods under the
Agreement on Global System of Trade Preferences among Developing Countries) Rules, 1989.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Application:-These rules shall apply to products consigned from any participant.
3. Definitions: In these rules, unless the context otherwise requires:-
(a) GSTP means the agreement on Global System of Trade Preferences among Developing
Countries signed by developing countries at Belgrade, Yugoslavia on the 13th April, 1988;
(b) "notification" means the notification of the Government of India in the Ministry of Finance
(Department of Revenue) No. 236/89-Customs, dated the 1st September, 1989;
(c) "Participant" means a country listed in Appendix I or Appendix II to the notification;
(d) "preferential concession", in relation to any product means the exemption granted under the
notification;
(e) word and expressions used in these rules and not defined herein but defined in the Customs
Act, 1962 (52 of 1962), shall have the meaning, respectively, assigned to them in that Act.
4. Determination of origin:- No product shall be deemed to be the produce or manufacture of a
participant unless the Assistant Collector of Customs is satisfied that the condition specified in the Schedule
to these rules are complied with in relation to such products.
5. Claim at the time of importation:- The importer of the product shall, at the time of importation:-
(a) make a claim that the products are the produce or manufacture of the participant from
which they are imported and such products are eligible for preferential concession, and
(b) produce the evidence specified in the Schedule to these rules.
THE SCHEDULE
(See rules 4 and 5)
1. Originating products:-Products covered by preferential trading arrangements within the frame-
work of the GSTP imported into the territory of a participant from another participant which are consigned
directly within the meaning of para 5 hereof, shall be eligible for preferential concessions if they conform to
the origin requirement under any one of the following conditions:
(a) Products wholly produced or obtained in the exporting participants as defined in para 2; or
(b) Products not wholly produced or obtained in the exporting participant, provided that the
said products are eligible under para 3 or para 4.
2. Wholly produced or obtained: Within the meaning of para 1(a), the following shall be considered
as wholly produced or obtained in the exporting participant;
(a) raw or mineral products extracted from its soil, its water or its seabeds; 1
(b) agricultural products harvested there; 2
(c) animals born and raised there;
GENERAL EXEMPTION NO. 75 1272
3
Vessels shall refer to fishing vessesl engaged in commercial fishing, registered in a participant country and operated by a citzen or
citizens or Governments of participant's or parternship, corporation or association, duly registered in such participants country, at
least sixty per cent of equity of which is owned by a citizen or citizens and/or Government of such participants, or seventy five per
cent by citizens and/or Governments of the participants. However, the products taken from vessels, engaged in commercial fishing
under Bilateral Agreements which provide for chartering/leasing of such vessels and/or sharing of catch between participants will also
be eligible for preferential concessions.
4
In respect of vessels or factory ships operated by Government Agencies, the requirements of plying the flag of a participant does not
apply.
5
For the purpose of this agreement, the term "factory ship" means any vessel, as defined, used for processing and/or making on board
products exclusively from those products referred to in clause (f) above.
6
In respect of products traded within the frameowk of sectoral agreements negotiated under the GSTP, provision may need to be
made for special criteria to apply. Consideration may be given to these criteria as and when the sectoral agreements are negotiated.
7
Partial" cumulation as implied by Para 4 above means that only products which have acquired orginating status in the territory of one
Participant may be taken into account when used as inputs for a finished product eligible for preferential treatment in the territory of
GENERAL EXEMPTION NO. 75 1273
(i) the transit entry is justified for geographical reason or by considerations related
exclusively to transport requirements;
(ii) the products have not entered into trade or consumption there; and
(iii) the products have not undergone any operation there other than unloading and re-
loading or any operation required to keep them in good condition.
6. Treatment of packing:-When determining the origin of products, packing should be considered as
forming a whole with the product it contains. However, packing may be treated separately if the national
legislation so requires.
7. Certificate of origin:- Products eligible for preferential concessions shall be supported by a Cer-
tificate of Origin in the form annexed issued by an Authority designated by the Government of the exporting
participant and notified to the other participants in accordance with the Certification Procedures to be de-
vised and approved by the participants.
8. (a) in conformity with paragraphs (a) and (b) of Article 3 and Article 15 of the Agreement on
the GSTP and national legislations, any participant may prohibit importation of products
containing any inputs originating from States with which it does not have economic and
commercial relations;
(b) Participants will do their best to co-operate in order to specify origin of inputs in the Certifi-
cate of Origin.
9. Review:-These Rules may be reviewed as and when necessary upon request of one third of the
participants and may be open to such modifications as may be agreed upon.
10. Special criteria percentage:-products originating in participating less developed countries can be
allowed a favourable 10 percentage points applied to the percentages established in paras 3 and 4. Thus, for
para 3, the percentage would not exceed 60 per cent, and for para 4, the percentage would not be less than 50
per cent.
Annexure Certificate of Origin
(See para 7)
1. Goods consigned from (Exporter's business Reference No.
name, address, country) GLOBAL SYSTEM FOR TRADE
PREFERENCES (Combined declaration
and certificate)
________________________________________________________________________________________
11. Declaration by the exporter 12. Certificate
The undersigned hereby declares that the above It is hereby certified, on the basis of control
details and statements are correct, that all the carried out, that the declaration by the
goods were produced in exporter is correct
_________________________________________
(country)
and that they comply with the origin requirements
specified for those goods in the Global System of
Trade Preferences for goods exported to
_________________________________________
(importing country)
Place and date, signature of authorised signatory Place and date, signature, and stamp
of certifying authority
_______________________________________
I-GENERAL CONDITIONS
Preference products must be wholly produced or obtained in the exporting participant in accor-
dance with para 2 of the GSTP Rules of Origin, or where not wholly produced or obtained in the exporting
participants must be eligible under para 3 or para 4.
(a) Products wholly produced or obtained enter the letter "A" in box 8;
(b) Products not wholly produced or obtained; the entry in box 8 should be as follows;
1. Enter letter "B" in box 8, for products which meet the origin criteria according to para 8. Entry of
letter "B" would be followed by the sum of the value of materials, parts or produce originating from non-
participants, or undetermined origin used, expressed as a percentage of the f.o.b. value of the exported
products; (example "B" 50 per cent).
2. Enter letter "C" in box 8 for products which meet the origin criteria according to para 4. Entry of
letter "C" would be followed by the sum of the aggregate content originating in the territory of the exporting
participant expressed as a percentage of the f.o.b. value of the exported product: (example "C" 60 per cent).
3. Enter letter "D" in box 8 for products which meet the special origin criteria according to rule 10.
GENERAL EXEMPTION NO. 76 1275
Concessional rate of duty on Imports Under Agreement on the Global System of Trade Preferences
Among Developing Countries under Belgrade Agreement, 1988-
[Notfn. No. 236/89-Cus., dt. 1.9.89 as amended by Notfn. Nos. 172/93, 96/95, 101/95, 166/95, 175/95, 4/
96, 19/97, 106/99, 135/0, 69/06, 123/06]
The Central Government exempts the goods specified in column (2) of the Table annexed hereto and
falling under Chapter or Heading number of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)
specified in the corresponding entry in column (3) of the said Table, when imported into India from the
countries listed in the Appendix 1 to this notification from so much of that portion of the standard
rate of duty of customs as is specified in column (4) of the said Table:
Provided that, in respect of the goods which are imported from the Less Developed Countries
listed in Appendix II to this notification, being a country referred to in Article 17 of the Agreement on the
Global System of Trade preferences among Developing Countries, signed at Belgrade, Yugoslavia on the
13th April, 1988, the exemption shall, in respect of goods specified in column (2) of the said Table against
Sl.Nos. 14, 15 and 16, be from so much of that portion of the duty of customs as is specified in column (5)
of the said Table.
Provided further that the importer proves to the satisfaction of the Assistant Commissioner or Deputy
Commissioner of Customs in accordance with the Rules of Origin referred to in Article 15 of the said
Agreement that the goods in respect of which the benefit of this exemption is claimed are of the origin of the
country listed in the said Annexure.
Explanation:- For the purposes of this notification the standard rate of duty means the stan-
dard rate of duty specified in the said First Schedule with respect to the aforesaid goods read with any
other notification (for the time being in force) issued in respect of such goods under sub-section (1) of
section 25 of the Customs Act, 1962 but not including the notifications of the Government of India in the
Ministry of Finance, (Department of Revenue) Nos.105/99-Customs, dated the 10th August, 1999, 72/2005-
Customs, dated the 22nd July 2005, 74/2005-Customs, dated the 22nd July 2005, 75/2005-Customs, dated
the 22nd July 2005, 67/2006-Customs, dated the 30th June, 2006 and 68/2006-Customs, dated the 30th June
2006.
TABLE
Sl.No. Description of goods Chapter/Heading Extent of tariff concession Extent of special
No. in the concession
First Schedule
to the Customs
Tariff Act, 1975.
(1) (2) (3) (4) (5)
1. Copra 1203.00 15 per cent of the standard rate -
11. Phosphoric acid for use 2809.20 20 per cent of the standard rate -
in manufacture of fertilizer
12. Phosphoric acid for 2809.20 20 per cent of the standard rate
use other than manu-
facture of fertilizer
13. Gelatin and Gelatin 3503.00 23 per cent of the standard rate -
derivatives.
14. Calf leather-vegetable 41.04 or 30 per cent of the standard rate 50% of the standard
pretanned. 41.07 rate
15. Calf-leather-pre-tanned 41.04 or 30 per cent of the standard 50% of the standard
(other than vegetable 41.07 rate rate
pre-tanned).
16. Calf leather, tanned or 41.04 or 30 per cent of the standard 50% of the standard
retanned but not further 41.07 rate rate
prepared.
20. Abaca fibre (other than 5305.00 10 per cent of the standard -
raw). rate.
26. Tube and pipe fitting of 7609.00 15 per cent of the standard -
aluminium. rate
1. Short title and commencement. – (1) These rules may be called the Customs Tariff (Determination of
Origin of Goods under the Free Trade Agreement between the Democratic Socialistic Republic of Sri Lanka
and the Republic of India) Rules, 2000.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Application. – These rules shall apply to goods consigned from the territory of either of the Contracting
Parties
4. Claim at the time of importation .- The importer of the product shall, at the time of importation –
(a) make a claim that the products are the produce or manufacture of the country from which they are
imported and such products are eligible for preferential treatment under the India- Sri Lanka Free Trade
Agreement, (hereinafter referred to as the Agreement), and
Explanation.- For the purposes of this notification, “Preferential treatment” in relation to any product means
the exemption granted under the notification of the Government of India in the Ministry of Finance (Depart-
ment of Revenue), No.26/2000- Customs dated 1st March, 2000 and includes preferential concessions.
5. Originating products .- Products covered by the Agreement imported into the territory of any signatory
party to the Agreement (hereinafter referred to as the Contracting Party) from another Contracting Party
which are consigned directly within the meaning of rule 9, shall be eligible for Preferential Concessions if
they conform to the origin requirement under any one of the following conditions:
(a) products wholly produced or obtained in the territory of the exporting Contracting Party as defined
in rule 6; or
(b) products not wholly produced or obtained in the territory of the exporting Contracting Party, pro-
vided that the said products are eligible under rule 7 or rule 8.
6. Wholly produced or obtained. – Within the meaning of condition (a) of rule 5, the following shall be
considered as wholly produced or obtained in the territory of the exporting Contracting Party, namely :-
(a) raw or mineral products, including mineral fuels, lubricants and related materials as well as
mineral or metal ores, extracted from its soil, its water or its sea bed;
GENERAL EXEMPTION NO. 77 1280
(b) vegetable products, including agricultural and forestry products, harvested there;
(f) products of sea fishing and other marine products from the high seas by its vessels;
(g) products processed and/or made on board its factory ships exclusively from products re-
ferred to in clause (f);
(h) used articles collected there, fit only for the recovery of raw materials;
(i) waste and scrap resulting from manufacturing operations conducted there;
(j) products extracted from the seabed or below seabed which is situated outside its territorial
waters, provided that it has exclusive exploitation rights;
(k) goods produced there exclusively from the products referred to in clauses (a) to (j),
(A) “Vessels” shall refer to the fishing vessels engaged in commercial fishing, registered in the country of
the Contracting Party and operated by a citizen or citizens of the Contracting Party or partnership, corpora-
tion or association, duly registered in such country, at least sixty per cent of equity of which is owned by a
citizen or citizens and/or Government of such Contracting Party or seventy five per cent by citizens and/or
Government of the Contracting Parties. However, the goods taken from vessels, engaged in commercial
fishing under Bilateral Agreements which provide for chartering/leasing of such vessels and/or sharing of
catch between Contracting Party will also be eligible for Preferential treatment. In respect of vessels or
factory ships operated by Government agencies, the requirements of flying the flag of the Contracting Party
does not apply.
(B) “Factory Ship” means any vessel, as defined, used for processing and/or making onboard goods exclu-
sively from those products referred to in clause (f) of rule 6
(a) Within the meaning of condition (b) of rule 5, products worked on or processed as a result of which
the total value of the materials, parts or produce originating from countries other than the Contracting
Parties or of undetermined origin used does not exceed sixty five per cent of the f.o.b. value of the
products produced or obtained and the final process of manufacture is performed within the territory of
the exporting Contracting Party shall be eligible for Preferential treatment, subject to the provisions of
clauses (b), (c), (d) and (e) of this rule and rule 8.
(b) Non-originating materials shall be considered to be sufficiently worked or processed when the prod-
GENERAL EXEMPTION NO. 77 1281
uct obtained is classified in a heading, at the four digit level, of the Harmonised Commodity Description
and Coding System different from those in which all the non-originating materials used in its manufacture
are classified.
(c) In order to determine whether a product originates in the territory of a Contracting Party, it shall not
be necessary to establish whether the power and fuel, plant and equipment, and machines and tools used
to obtain such products originate in third countries or not.
(d) The following shall in any event be considered as insufficient working or processing to confer the
status of originating products, whether or not there is a change of heading, namely:-
(1) Operations to ensure the preservation of products in good condition during transport and
storage (ventilation, spreading out, drying, chilling, placing in salt, sulphur dioxide or other
aqueous solutions, removal of damaged parts, and like operations).
(2) Simple operations consisting of removal of dust, sifting or screening, sorting, classifying,
matching (including the making-up of sets of articles), washing, painting, cutting up.
(4) The affixing of marks, labels or other like distinguishing signs on products or their packaging.
(5) Simple mixing of products, whether or not of different kinds, where one or more compo-
nents of the mixture do not meet the conditions laid down in these rules to enable them to be
considered as originating products.
(i) the c.i.f. value at the time of importation of the materials, parts of produce where this can be
proven; or
(ii) the earliest ascertainable price paid for the materials, parts or produce of undetermined
origin in the territory of the Contracting Parties where the working or processing takes place.
8. Cumulative rules of origin.- In respect of a product, which complies with the origin requirements pro-
vided in condition (b) of rule 5 and is exported by any Contracting Party and which has used material, parts
or products originating in the territory of the other Contracting Party, the value addition in the territory of
the exporting Contracting Party shall be not less than twenty five per cent. of the f.o.b. value of the
product under export subject to the condition that the aggregate value addition in the territories of the
Contracting Parties is not less than thirty five percent of the f.o.b. value of the product under export.
GENERAL EXEMPTION NO. 77 1282
Explanation. Cumulation as implied by Rule 8 means that only goods which have acquired originating status
in the territory of one Contracting Party may be taken into account when used as inputs for a finished product
eligible for Preferential Concession in the territory of the other Contracting Party.
9. Direct consignment.- The following shall be considered to be directly consigned from the exporting
country to the importing country, namely:-
(a) if the products are transported without passing through the territory of any country other than the
countries of the Contracting Parties.
(b) the products whose transport involves transit through one or more intermediate countries with or
without transhipment or temporary storage in such countries:
Provided that –
(i) the transit entry is justified for geographical reason or by considerations related exclusively to trans-
port requirements;
(ii) the products have not entered into trade or consumption there; and
(iii) the products have not undergone any operation there other than unloading and reloading or any
operation required to keep them in good condition.
10. Treatment of Packing .- When determining the origin of products, packing should be considered as
forming a whole with the product it contains. However, packing may be treated separately if the national
legislation so requires.
11. Certificates of origin .- Products eligible for a Certificate of origin in the form annexed shall support
Preferential treatment issued by an authority designated by the Government of the exporting country and
notified to the other country in accordance with the certification procedures to be devised and approved by
both the Contracting Parties.
12. Prohibitions .- Either country may prohibit importation of products containing any inputs originating
from States with which it does not have economic and commercial relations.
(2) The Contracting Parties will take measures necessary address, to investigate and, where appropriate,
to take legal and/or administrative action to prevent circumvention of this Agreement through false
declaration concerning country of origin or falsification of original documents.
(3) Both the Contracting Parties will co-operate fully, consistent with their domestic laws and proce-
dures, in instances of circumvention or alleged circumvention of the agreement to address problems
arising from circumvention including facilitation of joint plant visits and contacts by representatives of
both Contracting Parties upon request and on a case-by-case basis.
(4) If either Party believes that the rules of origin are being circumvented, it may request consultation to
address the matter or matters concerned with a view to seeking a mutually satisfactory solution. Each
party will hold such consultations promptly.
GENERAL EXEMPTION NO. 77 1283
14. Review .- These rules may be reviewed as and when necessary upon request of either Contracting Party
and may be open to such modifications as may be agreed upon.
CERTIFICATE OF ORIGIN
1. Goods consigned from (Exporters’ Reference No.
Business Name, Address, Country). INDO-SRI LANKA FREE TRADE AGREEMENT
(ISFTA) (Combined declaration and certificate)
Issued in…………………………………
(Country)
________________________________________________________________________________________________
1. GENERAL CONDITIONS
To qualify for preference, products must:
(a) fall within a description of products eligible for concessions in the country of destination under this
agreement;
(b) comply with ISFTA Rules of Origin. Each Article in a consignment must qualify separately in its own
right; and
(c)comply with the consignment conditions specified by the ISFTA Rules of Origin. In general, products must
be consigned directly within the meaning of Rule 9 hereof from the country of exportation to the country of
destination.
Preference products must be wholly produced or obtained in the exporting Contracting Party in accordance
with Rule 6 of the ISFTA Rules of Origin, or where not wholly produced or obtained in the exporting
Contracting Party must be eligible under rule 7 or rule 8.
(a) Products wholly produced or obtained enter the letter ‘A’ in box 8.
(b) Products not wholly produced or obtained; the entry in box 8 should be as follows:
1. Enter letter ‘B’ in box 8 for products, which meet the origin criterion according to rule 7. Entry of
letter would be followed by the sum of the value of materials, parts or produce originating from non-
contracting parties or undetermined origin used, expressed as a percentage of the f.o.b. value of the
products; [example `B’ – ( ) percent].
2. Enter letter ‘C’ in box 8 for products, which meet the origin criteria according to rule 8. Entry of
letter ‘C’ would be followed by the sum of the aggregate content originating in the territory of the
exporting Contracting Party expressed as a percentage of the f.o.b. value of the exported product:
[example ‘C’ ( ) percent].
GENERAL EXEMPTION NO. 78 1285
(2) in respect of articles of apparel and clothing accessories specified in LIST 3 of the Table,-
(i) the exemption shall apply to a quantity of imports, not exceeding 8 million pieces, computed
from the 1st day of January, in a calendar year,
Provided that total quantity of imports shall not exceed 6 million pieces in respect of goods
specified in column (2) against S.No.1 of LIST 3 of the said Table.
Provided further that the total quantity of imports shall not exceed 3 million
pieces in respect of goods specified in column (2) against S.Nos. 3 to 212 of LIST 3 the said Table.
(ii) Omitted
(3) Omitted
(4) the importer follows the procedure as may be specified by the Government of India from time to
time.
(A) “applied rate of duty” means the standard rate of duty specified in the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975), with respect to the goods specified in the said Table, read with any
other notification for the time being in force, issued in respect of such goods under sub-section (1)
of section 25 of the Customs Act, 1962 (52 of 1962) but not including the notifications of the
Government of India in the Ministry of Finance (Department of Revenue) Nos.236/89-Customs,
dated the 1st September, 1989, 105/99-Customs, dated the 10th August, 1999, 72/2005-Customs,
67/2006-Customs, dated the 30th June, 2006 and 68/2006-Customs, dated the 30th June 2006.
(B) “calendar year” means the period starting from the 1st day of January and ending on the 31st day of
December of the same year.
GENERAL EXEMPTION NO. 78 1286
(C) in the case of goods specified at S.No.1 in LIST 3, the duty payable after applying the concession
specified therein, will be as per the ad valorem rate or specific rate, whichever is higher.”;
TABLE
________________________________________________________________________________________________________________
S.No. Chapter, Heading No or Description of goods Portion of
Sub-heading No. the applied
duty
(1) (2) (3) (4)
LIST-1
Omitted
LIST-2
1 51 Wool, Fine or Coarse Animal Hair, 25%
Horsehair yarn and woven fabrics
2 52 Cotton 25%
LIST-3
LIST-4 - Omitted
LIST-5
1. All goods other than 100%
a) goods mentioned in lists 2 and 3 and in
Notifications No. 60/2000-Customs, dated
the 12th May, 2000 and 2/2007-Customs
dated the 15th January, 2007.
b) goods listed in the Annexure appended
to this notification
GENERAL EXEMPTION NO. 78 1293
ANNEXURE
__________________________________________________________________________________________________________
S.No Heading No/ Sub-heading No Description of goods
(1) (2) (3)
LIST-1
0801.11, 0801.12 0801.19, 12.03, All goods except Sake
1513.11, 22.03, 22.04, 22.05,22.06, 22.07, 2208,
3006 91 00, 39.15, 39.16, 39.17, 39.18, 39.19,
39.20, 39.21, 39.22, 39.23, 39.24, 39.25, 39.26,
40.01, 40.03, 40.04, 40.05, 40.06, 40.07, 40.08,
40.12, 40.16, 40.17, 46.01, 46.02, 48.03,4808.10,
4811.21,4811.29, 48.17,48.21, 4823 61 00,
4823 69 00, 4823.60, 50.01, 50.02, 50.03, 50.04,
50.06, 50.07, 5308.10, 53.11, 5402 11 10, 5402 19,
5402.20, 5402.31, 5402.32, 5402.33, 5402.51,
5402.52, 5402.61, 5402.62, 54.04, 5501.20,
5501.30, 5503.20, 5503.30, 5505.10, 5506.20,
5506.30, 56.09, 57.01, 57.02, 57.03, 57.04,
57.05, 61.01, 61.02, 61.03, 61.04, 61.05, 61.06,
61.07, 61.08, 61.09, 61.10, 61.11, 61.12, 61.13,
61.14, 61.15, 61.16, 61.17, 62.01, 62.02, 62.03,
62.04, 62.05, 62.06, 62.07, 62.08, 62.09, 62.10,
62.11, 62.12, 62.13, 62.14, 62.15, 62.16, 62.17
______________________________________________________________________________________________________________
LIST -1A
______________________________________________________________________________________________________________
(a) Plastic or similar articles, knitted or crocheted
fabrics used for sterile surgical or dental adhesion
barriers, whether or not absorbable and falling under
3006 10;
(b) carbon or similar copying paper falling under
sub-heading 4809 90;
(c) tarred, bituminised or asphalted paper and
paperboard falling under 4811 10 00;
(d) coconut coir falling under 5305;
(e) yarn of nylon or other polyamides or polyesters,
single, untwisted or with twist not exceeding 50
turns per metre falling under heading 5402;
(f) 5607 90 (excluding jute or textile bast fibres
of heading 5303);
(g) plastic or similar articles used as connectors
for optical fibres, optical fibre bundles or
cables and falling under 8536 70 00
______________________________________________________________________________________________________________
LIST-2 (Omitted)
______________________________________________________________________________________________________________
GENERAL EXEMPTION NO. 79 1294
Concessional rate of duty of 7.5% on Tea and Yeast when imported from Sri Lanka under Free
Trade Agreement.
[Notfn. No. 60/00-Cus., dt. 12.5.2000 as amended by Notfn. No.126/02, 75/07]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do hereby
exempts goods falling under sub-heading Nos. 0902.10, 0902.20, 0902.30, 0902.40 and [2101.20] 1of the
First Schedule to the Customs Tariff Act, 1975 (51 of 1975), from so much of the duty of customs leviable
thereon under the said First Schedule, as is in excess of the amount calculated at the rate of 7.5 per cent
ad valorem, subject to the following conditions, namely:-
(1) the importer proves to the satisfaction of the Deputy Commissioner of Customs or the Assistant Com-
missioner of Customs, as the case may be, in accordance with the Customs Tariff (Determination of
Origin under the Free Trade Agreement between the Democratic Socialist Republic or Sri Lanka and
the Republic of India) Rules, 2000 published with the notification of the Government of India in the
Ministry of Finance (Department of Revenue), No. 19/2000-Customs (N.T), dated the 1st March, 2000 that
the good in respect of which the benefit of this exemption is claimed are of the origin of Sri Lanka;
(2) the exemption shall apply to a Tariff Rate Quota not exceeding 15 million kilograms computed
from the 1st day of January in any calendar year.
Provided that for the period from the 1st day of March 2000 to the 31st day of December, 2000, the
Tariff Rate Quota shall not exceed 12.5 million kilograms;
(3) Omitted
(4) the importer follows the procedure as may be specified by the Government of India from time of time.
Explanation : For the purposes of this notification, "calendar year" means the period starting from the 1st day
of January and ending on the 31st day of December of the same year.
1
Min. of Fin. Cor. dt. 22.5.00
GENERAL EXEMPTION NO. 80 1295
In exercise of the powers conferred by sub-section (1) of section 5 of the Customs Tariff Act, 1975
(51 of 1975), the Central Government hereby makes the following rules, namely :-
1. Short title and commencement. - (1) These rules may be called the Customs Tariff (Determination of
Origin of Goods under the Agreement on SAARC Preferential Trading Arrangement) Rules, 1995.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Application. - These rules shall apply to products consigned from any Contracting State.
(a) “SAPTA” means the Agreement on SAARC Preferential Trading Arrangement, signed at Dhaka,
Bangladesh on the 11th day of April, 1993;
(b) “Contracting State” means any Member State of SAARC listed in Appendix I or Appendix II to the
notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 15/97 -
Customs, dated 1st March,1997;
(c) “Preferential concession”, in relation to any product means the exemption granted under the notifica-
tion of the Government of India in the Ministry of Finance (Department of Revenue) No. 15/97 - Cus-
toms, dated 1st March, 1997;
(d) Words and expressions used in these rules and not defined, but defined in the Customs Act, 1962 (52
of 1962), shall have the meanings, respectively, assigned to them in that Act.
5. Claim at the time of importation. - The importer of the products shall at the time of importation, -
(a) make a claim that the products are the produce or manufacture of the Contracting State from which they
are imported and such products are eligible for preferential concession; and
THE SCHEDULE
(See Rules 4 and 5)
1. Originating products. - Products covered by preferential trading arrangements within the framework of
the SAPTA imported into the territory of a Contracting State from another Contracting State which are
GENERAL EXEMPTION NO. 80 1296
consigned directly within the meaning of paragraph 5, hereof, shall be eligible for preferential concessions if
they conform to the origin requirements under any one of the following conditions, namely :-
(a) products wholly produced or obtained in the exporting Contracting State as defined in paragraph 2; or
(b) products not wholly produced or obtained, in the exporting Contracting State, provided that the said
products are eligible under paragraph 4.
2. Wholly produced or obtained. - Within the meaning of paragraph 1(a) the following shall be considered
as wholly produced or obtained in the exporting Contracting State, namely :-
(a) raw or mineral products extracted from its soil, its water or its seabeds;
(b) agricultural products harvested there,
(c) animals born and raised there;
(d) products obtained from animals referred to in clause (c) above;
(e) products obtained by hunting or fishing conducted there;
(f) products of sea fishing and other marine products taken from the high seas by its vessels;
(g) products processed and/or made on board its factory ship exclusively from products referred to in
clause (f) above;
(h) used articles collected there, fit only for the recovery of raw materials;
(i) waste and scrap resulting from manufacturing operations conducted there;
(j) goods produced there exclusively from the products referred to in clauses (a) to (i) above.
3. Not wholly produced or obtained. - (a) Within the meaning of paragraph 1(b), products worked on or
processed as a result of which the total value of the materials, parts or produce originating from non-
Contracting States or of undetermined origin used does not exceed 60 per cent of the f.o.b. value of the
products produced or obtained and the final process of manufacture is performed within the territory
of the exporting Contracting State shall be eligible for preferential concessions subject to the provisions of
clause (c) of paragraph 3 and paragraph 4;
(i) the c.i.f. value at the time of importation of materials, parts or produce where this can be
proven; or
(ii) the earliest ascertainable price paid for the materials, parts or produce of undetermined origin
in the territory of the Contracting State where the working or processing takes place.
4. Cumulative rules of origin. - Products which comply with origin requirements provided for in paragraph
1 and which are used by a Contracting State as input for a finished product eligible for preferential treatment
by another Contracting State shall be considered as a product originating in the territory of the Contracting
State where working or processing of the finished product has taken place provided the aggregate content
originating in the territory of the Contracting State is not less than 50 per cent of its f.o.b. value.
5. Direct consignment. - The following shall be considered as directly consigned from the exporting Con-
tracting State to the importing Contracting State, namely :-
(a) if the products are transported without passing through the territory of any non-Contracting State;
GENERAL EXEMPTION NO. 80 1297
(b) the products whose transport involves transit through one or more intermediate non-Contracting
States with or without transhipment or temporary storage in such countries :
Provided that -
(i) the transit entry is justified for geographical reason or by considerations related exclusively to
transport requirements;
(ii) the products have not entered into trade or consumption there; and
(iii) the products have not undergone any operation there other than unloading and reloading or
any operation required to keep them in good condition.
6. Treatment of packing. - When determining the origin of products, packing shall be considered as forming
a whole with the product it contains, unless packing has to be treated separately under the national legislation.
7. Certificate of Origin. - Products eligible for preferential concessions shall be supported by a Certificate
of Origin, in the form annexed, issued by an authority designated by the government of the exporting Con-
tracting State and notified to the other Contracting States in accordance with the Certification Procedures
mentioned below the form annexed.
8. (a) In conformity with Article 15 of the SAPTA and national legislations, any Contracting State may
prohibit importation of products containing any inputs originating from States with which it does not have
economic and commercial relations.
(b) Contracting States will do their best to cooperate in order to specify origin of inputs in the Certificate of
Origin.
9. Review. - These Rules may be reviewed as and when necessary upon request of one-third of the Con-
tracting States and may be open to such modifications as may be agreed upon.
10. Special criteria percentage. - Products originating in Least Developed Contracting States can be
allowed a favourable 10 percentage points applied to the percentage established in paragraphs 3 and 4. Thus,
for paragraph 3, the percentage would not exceed 70 per cent, and for paragraph 4, the percentage would not
be less than 40 per cent.
GENERAL EXEMPTION NO. 81 1298
Concessional rates of duites on goods when imported from SAARC countries under SAARC
Preferential Trade Agreement, 1995
[ Notfn. No. 105/99-Cus., dt. 10.8.1999 as amended by Notfn. Nos. 135/01, 85/02, 145/02, 13/03,
82/03, 43/04, 69/06, 127/06, 121/11, 67/16, 36/19].
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52
of 1962), and in supersession of the notification of the Government of India in the Ministry of Finance
(Department of Revenue) No. 94/2010 –Customs dated the 15th September, 2010, published in the Gazette
of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 761 (E) dated the 15th Septem-
ber, 2010, except as respects things done or omitted to be done before such supersession, the Central Gov-
ernment, being satisfied that it is necessary in the public interest so to do, hereby exempts goods specified in
column (2) of the Table below, when imported into India from Nepal, from the whole of the duty of customs
leviable thereon under the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), subject to the condi-
tions, if any, specified in the Annexure to this notification, the condition number of which is mentioned in the
corresponding entry in column (3) of the said Table:
TABLE
_________________________________________________________________________________________________
S.No Description of goods Condition No.
_________________________________________________________________________________________________
(1) (2) (3)
_________________________________________________________________________________________________
ANNEXURE
_________________________________________________________________________________________________
Condition No Condition
_________________________________________________________________________________________________
1. If the goods are wholly produced in Nepal.
_________________________________________________________________________________________________
2 (A)
(1) The goods are manufactured in Nepal wholly from Nepalese materials or
Indian materials or
Nepalese and Indian materials. The following products shall be considered
as wholly produced or manu
factured in Nepal for this purpose -
(i) Raw materials or mineral products extracted from soil, water, riverbed or
beneath the riverbed in Nepal.
(ii) Products taken from the sea bed, ocean floor or sub-soil thereof beyond the
limits of national jurisdiction of Nepal, provided it has the exclusive rights
to exploit that seabed, ocean floor or sub soil thereof, in accordance with
the provisions of the United Nation’s Convention on the Law of the Sea
(UNCLOS).
(iii) Used articles collected in Nepal, fit only for the recovery of raw materials.
(iv) Waste and scrap resulting from manufacturing operations conducted in
Nepal.
Or,
(2) (a) The goods involve a manufacturing process in Nepal that brings about a
change in classification, at four digit level, of the Harmonized Commodi-
ties Description and Coding System, different from those, in which all the
third country origin materials used in the manufacture of such goods are
classified and the manufacturing process is not limited to insufficient work-
ing or processing as indicated in the illustrative list below:
GENERAL EXEMPTION NO. 82 1301
________________________________________________________________________________________________
Condition No Condition
_________________________________________________________________________________________________
(i). operations to ensure the preservation of articles in good condition during
transport and storage (for example, ventilation, spreading out, drawing, chilling,
placing in salt, sulphur-dioxide or other aqueous solutions, removal of dam-
aged parts and like operations);
(ii). operations consisting or removal of dust, sifting or screening, sorting, clas-
sifying, matching (including the making up of sets), washing, painting,
cutting up;
(iii). changes of packing and breaking up and assembly of consignments;
(iv). slicing, cutting, slitting, re-packing, placing in bottles or flasks or bags or
boxes or other containers, fixing on cards or boards etc., and all other pack-
ing or re-packing operations;
(v). the affixing of marks, labels or other like distinguishing signs on articles or
their packaging;
(vi). mixing of articles, whether or not of different kinds, where one or more
components of the mixture do not meet the conditions laid down in para 1
(b) of Protocol to the Article V of the Treaty of Trade between the Govern-
ment of Nepal and the Government of India to enable them to be consid-
ered as manufactured or produced or made in Nepal;
(vii). assembly of parts of an article to constitute a complete article;
(viii). a combination of two or more operations specified in (i) to (vii) above.
and,
(b) the total value of materials, parts or produce originating from countries
other than Nepal or India or of undetermined origin used does not exceed
70% (seventy percent) of the FOB price of the articles produced, and the
final process of manufacturing is performed within the territory of Nepal.
Explanation:-For the purpose of this notification, the total value of materials, parts or
produce originating from countries other than Nepal or India shall be the CIF value at the
time of importation of materials, parts or produce, at the point of entry in Nepal, where
this can be proven to the satisfaction of Deputy Commissioner of Customs or the Assis-
tant Commissioner of Customs as the case may be, or the earliest ascertainable price paid
for the materials, parts or produce of undetermined origin in the territory of the Contract-
ing Party where the working or processing takes place.
(B) The importer produces a certificate of origin in the Form annexed hereto,
duly certified by an agency designated by the Government of Nepal, in respect of the
consignment, to the satisfaction of the Assistant Commissioner of Customs or Deputy
Commissioner of Customs, as the case may be, that such goods have in fact been manu-
factured in Nepal.
Certificate of origin for exports free of Customs duties under the Treaty of Trade
between the Government of Nepal and the Government of India
Reference No. ________________
1. Articles consigned from (Exporter’s business name, address):
2. Articles consigned to (Consignee’s name, address):
GENERAL EXEMPTION NO. 82 1302
(C) The importer shall follow the procedure as may be specified by the Government
of India from time to time.
GENERAL EXEMPTION NO. 83 1304
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962(52
of 1962) and in supersession of the notification of the Government of India, in the Ministry of
Finance (Department of Revenue) No.3/97-Customs dated the 16th January, 1997, the Central
Government, being satisfied that it is necessary in the public interest so to do, hereby exempts goods of the
description specified in the Annexure below (hereinafter referred to as the specified goods) upto the value of
clearances specified in column (2) of the Table below, (hereinafter referred to as the said Table) from so
much of the duty of customs leviable under section 3 of the Customs Tariff Act, 1975 (51 of 1975) as is in
excess of the amount calculated at the rate specified in the corresponding entry in column (3) of the said
Table when imported into India from Nepal.
TABLE
S.NO. CLEARANCES RATE OF DUTY
1. First clearances upto an aggregate value not Sixty per cent of normal
exceeding Indian rupees fifty lakh in a financial year. rate of duty.
2. Clearance upto an aggregate value not exceeding Eighty per cent of the normal
fifty lakh rupees immediately following the rate of duty.
clearances specified against S.No.1 above during
the same financial year.
Note: If any imports have taken place before the issue of this Notification under Notification No.3/97-
Customs dated 16th January,1997, whether at nil rate or otherwise, or under any other notification,
such imports shall be taken into account for computing the limit of fifty lakh rupees for S.No.1
above.
3. The exemption contained in this notification shall apply only subject to the following conditions,
namely:-
(i) where a manufacturer clears the specified goods from one or more factories, the exemption
in his case shall apply to the total value of clearances mentioned against each of the serial
GENERAL EXEMPTION NO. 83 1305
numbers in the said Table, and not separately for each factory;
(ii) where the specified goods are cleared by one or more manufacturers from a factory, the
exemption shall apply to the total value of clearances mentioned against each of the serial
numbers in the said Table and not separately for each manufacturer;
(iii) the aggregate value of clearances of all goods by a manufacturer from one or more facto-
ries, or from a factory by one or more manufacturers, has not exceeded Indian Rupees three
hundred lakhs in the preceding financial year.
4. The exemption contained in this Notification shall not apply to specified goods, bearing a brand name
or trade name (registered or not) of a person other than the said manufacturer in Nepal.
5. For the purpose of computing the aggregate value of clearances under this notification, the follow-
ing clearances shall not be taken into account, namely:-
(a) clearances which are chargeable to 'NIL' rate of duty leviable under section 3 of the Cus-
toms Tariff Act, 1975 (51 of 1975) or which are exempt from the whole of such duty under
any other notification (not being a notification where exemption from the whole of such
duty is granted based upon the value or quantity of clearances made in a financial year);
(b) clearances bearing a brand name or trade name (registered or not) of another person, which
are ineligible for grant of exemption in terms of provisions of paragraph 3 of this Notification;
(c) clearances of specified goods which are used as inputs for further manufacture of any speci-
fied goods, within the factory of production of specified goods;
(d) clearances of strips of plastics used within the factory of production for weaving of fabrics
or for manufacture of sacks or bags made of polymers of ethylene or propylene.
EXPLANATION:
(i) For the purposes of this notification "value" shall mean the price declared in the invoice of
the manufacturer or factory, in terms of Indian Rupee, as indicated in the certificate ap-
pended to this notification.
(ii) "brand name" or "trade name" shall mean a brand name or trade name, whether registered
or not, that is to say, a name or a mark, such as symbol, monogram label, signature or
invented word or writing which is used in relation to such specified goods for the purpose of
indicating or so as to indicate a connection in the course of trade between such specified
goods and the person using such name or mark with or without any indication or the identity
of that person.
Certificate for exports from Nepal for claiming concessional rate of Additional duties of Customs
under the Treaty of Trade between His Majesy's Government of Nepal and the Government of India.
The undersigned hereby declares that the details furnished above are correct and that the goods
specified herein are manufactured in Nepal.
Certification
(i) The articles described in Invoice No.................. dated .......................... have been manufactured in
Nepal at a factory situated at ................... (name of the place/district) by M/s.
............................................................... (name of the company).
(ii) The articles involve manufacturing activity in Nepal and that the manufacturing activity consists of
converting ........................ (major inputs) into ................................. (Output) through a process con-
sisting of ................................................. (brief description of manufacturing process).
(iii) The value of clearances effected (a) by a manufacturer from one or more factories or (b) from a
factory by one or more manufacturers, in the preceding financial year did not exceed the equivalent
of Indian Rupees 300 lakhs.
(iv) The value of clearances including this consignment in respect of the Factory at Sl. No.(i) does not
exceed the equivalent of Indian Rupees 50 lakhs/Indian Rupees 100 lakhs (delete whichever is not
applicable).
(v) That the goods satisfy all the conditions laid down in Notification. No. 85/98 - Cus. dated 5.11.1998.
1.1 All goods specified in the Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) other
than the following, namely:-
GENERAL EXEMPTION NO. 83 1307
(i) all goods falling under heading No.21.06 and sub-heading Nos.2101.10 and 2101.20;
(ii) all goods falling under Chapter 24 of the said Schedule (other than unbranded chewing tobacco and
preparations containing chewing tobacco, falling under Heading No.24.04 of the said Schedule);
(iv) sandalwood oil, all goods falling under heading Nos.33.04 and 33.05 and sub-heading Nos.3307.10,
3307.20, 3307.31, 3307.39, 3307.50 and 3307.90;
(vi) all goods falling under heading Nos.37.01, 37.02, and sub-heading No.3703.10;
(vii) strips of plastics intended for weaving of fabrics or sacks, polyurethane foam and articles or poly-
urethane foam; falling under Chapter 39;
(viii) all goods falling under heading No.40.05 (except rubber solution or vulcanising solution), and sub-
heading No.4006.10 and plates, sheets and strips falling under heading No.40.08, for resoling or
repairing on retreading rubber tyres;
(ix) all goods falling under Chapter 51 of the said Schedule other than those falling under sub-heading
Nos.5105.30 and 5105.40 and Heading Nos.51.06, 51.07, 51.08, 51.09, 51.10 and 51.11 (except
woven fabrics of wool falling under heading Nos.51.10 or 51.11) and under 51.12;
(x) all goods falling under Chapter 52 of the said Schedule other than goods falling under Heading
Nos.52.04;
(xi) all goods falling under Chapter 53 of the said Schedule except goods falling under Heading Nos.53.01,
53.02, 53.04, 53.05, 53.08 (other than goods fallling under sub-heading No.5308.14), 53.11 (other
than woven fabrics of ramie);
(xii) all goods falling under Chapter 54 of the said Schedule except goods; falling under Heading
Nos.54.01;
(xiii) all goods falling under Chapter 55 of the said Schedule except goods falling under Heading Nos.55.05,
55.08 and shoddy yarn manufactured from used or new rags falling under heading No.55.09 or
55.10;
(xiv) all goods falling under Chapter 56 of the said Schedule except goods falling under Heading Nos.56.01,
56.02, 56.03, 56.04, 56.05 (other than of man-made filaments), 56.07 (other than of jute), 56.08 and
56.09;
(xvi) all goods falling under Chapter 58 of the said Schedule except goods falling under Heading Nos.58.03,
GENERAL EXEMPTION NO. 83 1308
58.06, 58.07, 58.08, uncut grey (un-processed) woven weft pile fabrics of cotton manufactured from
grey unprocessed cotton yarn falling under sub-heading No.5801.21, fabrics of cotton or man-made
fibres falling under sub-heading No.5802.51, and unprocessed cotton terry towelling fabrics falling
under sub-heading No.5802.21;
(xvii) all goods falling under Chapter 59 of the said Schedule except goods falling under Heading Nos.59.01,
59.05, 59.06, 59.08, 59.09, 59.10, 59.11 and textile fabrics coated or laminated with preparations of
low-density polyethylene;
(xviii) all goods falling under Chapter 60 of the said Schedule except goods falling under sub-heading
No.6002.10 and fabrics of cotton man-made fibres not subjected to any process fallling under head-
ing Nos.60.01 or 60.02;
(xxii) all goods falling under heading Nos.72.06, 72.07, 72.18, 72.24, cold rolled stainless steel pattis/
pattas falling under Chapter 72; ingots and billets of non-alloy steel falling under sub-heading
Nos.7206.90 and 7207.90 and hot re-rolled products of non-alloy steel, falling under sub-heading
Nos.7211.11, 7211.19, 7211.30, 7211.52, 7211.59, 7211.60, 7211.92, 7211.99, 7213.90, 7214.90,
7215.90, 7216.10 and 7216.90, on which the duty of excise is paid under section 3A of the Central
Excise Act, 1944 (1 of 1944);
(xxiii) all goods falling under heading, sub-heading Nos. 74.03, (excluding cast brass bars/rods of a length
not exceeding 3 feet, and brass billets weighing upto 5 kilograms, falling under sub-heading
No.7403.21, 7407.11, 7407.12, 7408.11, 7408.21, 74.09, copper circles, whether or not trimmed;
(xxiv) aluminium circles, whether or not trimmed, falling under Chapter 76;
(xxv) all goods falling under heading Nos.85 21, 85 28; other than input or output units, whether or not
containing storage units in the same housing;
(xxvi) refrigerating and airconditioning appliances and machinery and parts and accessories thereof fall-
ing under Chapter 84, 85 or 90;
(xxvii) all goods falling under heading Nos.87.01, 87.02, 87.03, 87.04, 87.05, 87.06, and 87.11 (other than
powered cycles and powered cycle rickshaw (powered cycle or powered rickshaw means a me-
chanically propelled cycle or, as the case may be, mechanically propelled cycle rickshaw), which
may also be peddled, if any necessity arises for so doing);
Omitted
GENERAL EXEMPTION NO. 86 1311
Exemption to specified goods imported from Bhutan, Nepal, Bangladesh and China
[ Notfn. No. 38/96-Cus., dt. 23.7.1996 as amended by 70/06, 41/12, 43/17]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods specified in column (2) of the Table hereto annexed and falling within the First Schedule or the
Second Schedule, as the case may be, of the Customs Tariff Act, 1975 (51 of 1975), from the whole of that
duty of customs leviable thereon under the said Customs Tariff Act, which is specified in the correspond-
ing entry in column (3) of the said Table.
TABLE
S.No. Description of goods Duty
(1) (2) (3)
1. (a) Omitted Duty of customs
leviable thereon under
the First Schedule to
the Customs
(b) Goods imported into India from a foreign country Tariff Act, 1975, and
for the purpose of export to Bhutan; integrated tax leviable
thereon under sub-section
(7) of section 3 of the said
Act.
(c) Goods imported into India from a foreign country
for the purpose of export to Nepal;
(f) Omitted
(g) Omitted
1. Short title and commencement:- (1) These rules may be called the Customs Tariff (Determination of
Origin of Goods under the Preferential Trade Agreement between the Transitional Islamic State of Afghani-
stan and Republic of India) Rules, 2003.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Application:- These rules shall apply to goods consigned from the territory of either of the Contracting
Parties.
4. Declaration at the time of importation:- The importer of the product shall, at the time of importation-
(a) make a claim that the products are the produce or manufacture of the country from which they are
imported and such products are eligible for preferential treatment under the Agreement, and
(b) produce the evidence specified in these rules.
Explanation:- For the purposes of this notification, “Preferential treatment” in relation to any product
means the exemption granted under the notification of the Government of India in the Ministry of Finance
(Department of Revenue), No.76/2003-Customs dated the 13th May, 2003 and includes preferential
concessions.
5. Originating products:- Products covered by the Agreement imported into the territory of a Contracting
Party from another Contracting Party which are consigned directly within the meaning of rule 9 hereof, shall
be eligible for preferential treatment if they conform to the origin requirement under any one of the following
conditions:
(a) Products wholly produced or obtained in the territory of the exporting Contracting Party as defined in
rule 6; or
(b) Products not wholly produced or obtained in the territory of the exporting Contracting Party, provided
that the said products are eligible under rule 7 or rule 8 read with rule 7.
Within the meaning of rule 5(a), the following shall be considered as wholly produced or obtained in the
territory of the exporting Contracting Party, namely:-
(a) raw or mineral products, including mineral fuels, lubricants and related materials as well as mineral or
metal ores, extracted from its soil, its water or its seabed;
GENERAL EXEMPTION NO. 88 1315
(b) vegetable products, including agricultural and forestry products, harvested there;
(f) products of sea fishing and other marine products from the high seas by its vessels;
(g) products processed and/or made on board its factory ships exclusively from products referred to in
clause (f) above;
(h) used articles collected there, fit only for the recovery of raw materials;
(i) waste and scrap resulting from manufacturing operations conducted there;
(j) products extracted from the seabed or below seabed which is situated outside its territorial waters,
provided that it has exclusive exploitation rights;
(k) goods produced there exclusively from the products referred to in clauses (a) to (j) above.
Explanation I:-“Vessels” shall refer to fishing vessels engaged in commercial fishing, registered in the
country of the Contracting Party and operated by a citizen or citizens of the Contracting Party or partner-
ship, corporation or association, duly registered in such country, at least 60 per cent of equity of which is
owned by a citizen or citizens and/or Government of such Contracting Party or 75 per cent by citizens
and/or Governments of the Contracting Parties. However, the products taken from vessels, engaged in
commercial fishing under Bilateral Agreements which provide for chartering/leasing of such vessels and/
or sharing of catch between Contracting Party will also be eligible or preferential treatment.
Explanation II:-In respect of vessels or factory ships operated by Government agencies, the require-
ments of flying the flag of the Contracting Party does not apply.
Explanation III:-For the purpose of this Agreement, the term “factory ship” means any vessel, as defined,
used for processing and/or making on board products exclusively from those products referred to in
clause (f) of Rule 6.
(a) Within the meaning of rule 5(b), products worked on, or processed as a result of which the total value
of the materials, parts or produce originating from countries other than the Contracting Parties or of undeter-
mined origin used does not exceed 50% of the f.o.b. value of the products produced or obtained and the final
process of manufacture is performed within the territory of the exporting Contracting Party shall be eligible
for preferential treatment, subject to the provisions of clauses (b), (c), (d) and (e) of rule 7 and rule 8.
(b) Non-originating materials shall be considered to be sufficiently worked or processed when the prod-
uct obtained is classified in a heading, at the four digit level, of the Harmonised Commodity Description and
Coding System different from those in which all the non-originating materials used in its manufacture are
GENERAL EXEMPTION NO. 88 1316
classified.
(c) In order to determine whether a product originates in the territory of a Contracting Party, it shall not
be necessary to establish whether the power and fuel, plant and equipment and machines and tools used to
obtain such products originate in third countries or not.
(d) The following shall in any event be considered as insufficient working or processing to confer the
status of originating products, whether or not there is a change of heading, namely:-
1) Operations to ensure the preservation of products in good condition during transport and storage
(ventilation, spreading out, drying, chilling, placing in salt, sulphur dioxide or other aqueous solutions, removal
of damaged parts, and like operations).
2) Simple operations consisting of removal of dust, sifting or screening, sorting, classifying, matching
(including the making-up of sets of articles), washing, painting, cutting up.
(ii) simple slicing, cutting and repacking or placing in bottles, flasks, bags, boxes, fixing on cards
or boards, etc., and all other simple packing operations.
4) The affixing of marks, labels or other like distinguishing signs on products or their packaging.
5) Simple mixing of products, whether or not of different kinds, where one or more components of the
mixture do not meet the conditions laid down in these Rules to enable them to be considered as originating
products.
8) slaughter of animals.
(e) The value of the non-originating materials, parts or produce shall be:
(i) The c.i.f. value at the time of importation of the materials, parts or produce where this can be proven;
or
(ii) The earliest ascertainable price paid for the materials, parts or produce of undetermined origin in the
territory of the Contracting Parties where the working or processing takes place.
In respect of a product, which complies with the origin requirements provided in rule 5(b) and is exported by any
Contracting Party and which has used material, parts or products originating in the territory of the other Con-
tracting Party, the value addition in the territory of the exporting Contracting Party shall be not less than 30
per cent of the f.o.b. value of the product under export subject to the condition that the aggregate value
addition in the territories of the Contracting Parties is not less than 40 per cent of the f.o.b. value of
the product under export.
GENERAL EXEMPTION NO. 88 1317
Explanation:-Cumulation as implied by Rule 8 means that only products which have acquired originating
status in the territory of one Contracting party may be taken into account when used as inputs for finished
product eligible for preferential treatment in the territory of the other Contracting Party.
9. Direct consignment:-
The following shall be considered to be directly consigned from the exporting country to the importing coun-
try, namely:-
(a) if the products are transported without passing through the territory of any country other than the
countries of the Contracting Parties.
(b) the products whose transport involves transit through one or more intermediate countries with or
without transhipment or temporary storage in such countries:
Provided that
(i) the transit entry is justified for geographical reason or by considerations related exclusively to trans-
port requirements;
(ii) the products have not entered into trade or consumption there; and
(iii) the products have not undergone any operation there other than unloading and reloading or any
operation required to keep them in good condition.
When determining the origin of products, packing should be considered as forming a whole with the product
it contains. However, packing may be treated separately if the national legislation so requires.
Products eligible for a Certificate of origin in the form annexed shall support preferential treatment issued by
an authority designated by the Government of the exporting country and notified to the other country in
accordance with the certification procedures to be devised and approved by both the Contracting Parties.
12. Prohibitions:-
Either country may prohibit importation of products containing any inputs originating from States with which
it does not have economic and commercial relations.
(a) The Contracting Parties will do their best to co-operate in order to specify origin of inputs in the
Certificate of origin.
(b) The Contracting Parties will take measures necessary to address, to investigate and, where appro-
priate, to take legal and/or administrative action to prevent circumvention of this Agreement through false
declaration concerning country of origin or falsification of original documents.
(c) Both the Contracting Parties will co-operate fully, consistent with their domestic laws and proce-
GENERAL EXEMPTION NO. 88 1318
dures, in instances of circumvention or alleged circumvention of the Agreement to address problems arising
from circumvention including facilitation of joint plant visits and contacts by representatives of both Contract-
ing Parties upon request and on a case – by – case basis.
(d) If either Party believes that the rules of origin are being circumvented, it may request consultation to
address the matter or matters concerned with a view to seeking a mutually satisfactory solution. Each party
will hold such consultations promptly.
14. Review:-
These rules may be reviewed as and when necessary upon request of either Contracting Party and may be
open to such modifications as may be agreed upon.
CERTIFICATE OF ORIGIN
1. Goods consigned from (Exporters’ Reference No.
Business Name, Address, Country). INDO - AFGHANISTAN
PREFERENTIAL TRADE
AGREEMENT (IAPTA) (Combined
declaration and certificate)
Issuedin…………………………………
(Country)
………………………………… ----------------------------------------
Place and date, signature of the authorised Place and date, signature and stamp of
signatory certifying authority
_____________________________________________________________________________________________
Preference products must be wholly produced or obtained in the exporting Contracting Party in accordance
with Rule 6 of the IAPTA Rule of Origin, or where not wholly produced or obtained in the exporting Con-
tracting Party must be eligible under Rule 7 or Rule 8.
Products not wholly produced or obtained, the entry in box 8 should be as follows:
Enter letter ‘B’ in box 8 for products, which meet the origin criterion according to Rule 7. Entry of letter
would be followed by the sum of the value of materials, parts or produce originating from non-contracting
parties or undetermined origin used, expressed as a percentage of the f.o.b. value of the products: (example
‘B’ ( ) percent).
Enter letter ‘C’ in box 8 for products, which meet the origin criteria according to Rule 8. Entry of letter ‘C’
would be followed by the sum of the aggregate content originating in the territory of the exporting Contracting
Party expressed as a percentage of the f.o.b. value of the exported product (example ‘C’ ( ) per cent).
GENERAL EXEMPTION NO. 89 1320
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods of the description as specified in column (3) of the Table below and falling under the
Chapter, heading, sub-heading or tariff item of the First Schedule to the Customs Tariff Act, 1975 (51 of
1975), as specified in the corresponding entry in column (2) of the said Table, when imported from the
Transitional Islamic State of Afghanistan, from so much of that portion of the applied rate of duty of
customs as is specified in the corresponding entry in column (4) of the said Table:
Provided that the importer proves to the satisfaction of the Assistant Commissioner of Customs or
the Deputy Commissioner of Customs, as the case may be, in accordance with the Customs Tariff (Deter-
mination of Origin of Goods under the Preferential Trade Agreement between the Transitional Is-
lamic State of Afghanistan and Republic of India) Rules, 2003, published with the notification of the
Government of India in the Ministry of Finance (Department of Revenue), No.33/2003-Customs (N.T.),
dated the 13th May, 2003, that the goods are of the origin of the Transitional Islamic State of Afghanistan.
Explanation- For the purposes of this notification the “applied rate of duty” means the standard rate of duty
specified in the First Schedule to the said Customs Tariff Act, with respect to the goods specified in the said
Table, read with any other exemption notification, for the time being in force, issued in respect of such
goods under sub- section (1) of section 25 of the said Customs Act.
TABLE
S. No. Chapter, heading, Description of goods Extent of concession
sub-heading or (percentage of
tariff item applied rate of duty)
(1) (2) (3) (4)
1. 0802 Almond thin shelled, almond hard 50%
shelled, almond shelled
2. 0802 31 00 Walnuts unshelled 50%
3. 0802 32 00 Walnuts shelled 50%
4. 0808 51 00 and Pistachios closed shell, pistachios 100%
0802 52 00 open shell, pistachios shelled (kernel)
5. 0804 20 Fig dried 100%
6. 806 10 00 Grapes fresh, all types 50%
7. 0806 20 Green raisins, green large, black 50%
raisins, red raisins, raisins golden,
green raisins except large
8. 0807 19 Melon fresh 100%
9. 0808 10 00 Apples fresh 50%
10. 0809 10 00 Apricots fresh 50%
11. 0810 90 10 Pomegranates 50%
12. 0813 10 00 Dried apricots, dried apricots nuts 50%
GENERAL EXEMPTION NO. 89 1321
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts the goods specified in column (2) of the Table below when imported into India from Pakistan and
Bangladesh, from whole of the duty of customs leviable thereon under the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975) and whole of the additional duty, integrated tax and compensation Cess leviable
thereon respectively under sub-sections (5), (7) and (9) of section 3of the said Customs Tariff Act subject to
the conditions specified in column (3) thereof, namely:-
TABLE
____________________________________________________________________________________________________________
S.No. Name of goods Condition of exemptions
____________________________________________________________________________________________________________
(1) (2) (3)
____________________________________________________________________________________________________________
2. Spares, fuel and (a) the goods specified in column (2) are imported -
consumables for the (i) under the Agreement between India and passenger
bus. Pakistan for regulation of Bus Service between
New Delhi and Lahore, Amritsar and Lahore and
Amritsar and Nankana Sahib; or
(ii) under the Agreement between India and
Bangladesh for regulation of Bus Service between
Calcutta & Dhaka.
(b) the passenger bus is re-exported before the expiry of three
months from the date of its importation into India;
(c) the spares and consumables are imported alongwith the
passenger bus and are intended for the proper running of
the passenger bus or to carry out necessary repair on the
passenger bus during the course of journey and such spares
and consumables, as are not used during the course of the
journey, are re-exported at the time of re-export of the
passenger bus;
(d) the fuel is contained in the fuel tank of the passenger bus
and such quantity of fuel as is not consumed during the
course of the journey is re-exported at the time of re-export
of the passenger bus;
GENERAL EXEMPTION 91
Exemption to specified goods when imported from Pakistan, Sri Lanka, Bangladesh, Bhutan &
Nepal :
[Notfn No.125/11- Cus., dt. 30.12.2011 as amended by 48/12 ]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), and in supersession of the notifications of the Government of India, in the Ministry of Finance (Depart-
ment of Revenue), No. 67/2006-Customs, dated the 30th June, 2006 [G.S.R.393 (E), dated the 30th June,
2006] and No. 68/2006-Customs, dated the 30th June, 2006 [G.S.R.394 (E), dated the 30th June, 2006],
except as respects things done or omitted to be done before such supersession, the Central Government, on
being satisfied that it is necessary in the public interest so to do, hereby exempts the goods of the description
specified in column (3) of the Table hereto annexed and falling under the Chapter, Heading, Sub-heading or
Tariff item of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), and specified in the corre-
sponding entry in column (2) of the said Table, from so much of the duty of customs leviable thereon as is in
excess of the amount calculated at the rate specified in the corresponding entry in column (4) of the aforesaid
Table, when imported into India from a country listed in APPENDIX to this notification:
Provided that the importer proves to the satisfaction of the Deputy Commissioner of Customs or
Assistant Commissioner of Customs, as the case may be, that the goods in respect of which the benefit of this
exemption is claimed, are of the origin of the country listed in the APPENDIX in accordance with the Rules
of Determination of Origin of Goods under the Agreement on South Asian Free Trade Area (SAFTA), 2006,
published in the notification of the Government of India in the Ministry of Finance (Department Revenue) No
75/2006-Customs(NT) dated the 30th June,2006.
2. Nothing contained in this notification shall be applicable to goods specified in the ANNEXURE.
3. This notification shall come into force with effect from the 1st day of January 2012.
Table
(ii) In the said notification, for the ANNEXURE, the following shall be substituted, namely:-
ANNEXURE
Sl. Heading, Sub-Heading or Tariff item DESCRIPTION
No. to the First Schedule
(1) (2) (3)
. 0204 10 All Goods
2 0204 30 All Goods
3 0204 50 All Goods
4 0207 11 All Goods
5 0207 12 All Goods
6 0207 13 All Goods
7 0207 14 All Goods
8 0207 43 All Goods
9 0207 53 All Goods
10 0302 89 10 All Goods
11 0303 89 10 All Goods
12 0303 89 30 All Goods
13 0303 89 60 All Goods
14 0303 89 80 Croacker
15 0304 89 10 All Goods
16 0306 16 Prawns
17 0306 17 Prawns
18 0306 14 All Goods
19 0401 30 All Goods
20 0402 10 10 All Goods
21 0402 21 All Goods
22 0402 29 10 All Goods
23 0404 10 Whey powder
GENERAL EXEMPTION NO. 91 1331
GENERAL EXEMPTION 92
Examption to specified goods when imported from Pakistan, Srilanka, Bangladesh, Bhutan &
Napel
[Notfn. No.68/2006-Cus., dt. 30.6.2006 as amended by 141/06, 80/07, 126/07, 83/08,
108/09,149/09, 134/10, 96/11]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby
exempts the goods of the description specified in column (3) of the Table hereto annexed and falling under the
Heading, Sub-heading, or Tariff item of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), and
specified in the corresponding entry in column (2) of the said Table, from so much of the duty of customs
leviable thereon, as is in excess of the amount calculated at the rate specified in
(a) column (4) of the said Table, when imported into the Republic of India from a country listed in
APPENDIX I; or
(b) column (5) of the said Table, when imported into the Republic of India from a country listed in
APPENDIX II .
Provided that the importer proves to the satisfaction of the Deputy Commissioner of Customs or
Assistant Commissioner of Customs, as the case may be, that the goods in respect of which the benefit of this
exemption is claimed are of the origin of the country listed in the said APPENDIX I or APPENDIX II, as the
case may be, in accordance with the Rules of Determination of Origin of Goods under the Agreement on
South Asian Free Trade Area (SAFTA), published in the notification of the Government of India in the
Ministry of Finance (Department Revenue) No 75/2006-Customs, (NT) dated the 30th June,2006.
2. For the purposes of this notification the rate specified in column (4) or column (5) shall be the ad
valorem rate unless otherwise specified.
3. This notification shall come into force with effect from the 1st day of July 2006.
TABLE
S.No. Heading, Description of goods Rate
Sub-Heading
or Tariff item
to the First
Schedule
(1) (2) (3) (4) (5)
1 5111 11 All goods 7% Nil
APPENDIX I
S. No Country
(1) (2)
1. Islamic Republic of Pakistan
2. Democratic Socialist Republic of Sri Lanka
APPENDIX II
S. No. Country
(1) (2)
1. People’s Republic of Bangladesh
2. Kingdom of Bhutan
3. Republic of Maldives
4. Nepal
5. Islamic Republic of Afganistan
GENERAL EXEMPTION NO. 93 1358
Safeguard duty - Developing countries notified for the purposes Section 8B of Customs Tariff Act.
[Notfn. No.103/98-Cus., dt.14.12.98 as amended by Notfn. No.62/99]
In pursuance of clause (a) of sub-section (6) of section 8B of the Customs Tariff Act, 1975 (51 of
1975), the Central Government, hereby notifies the following countries as developing country for the purposes
of the said section, namely:-
(1) (2) (1) (2) (1) (2)
1. Afghanistan 2. Algeria 3. Angola
4. Antigua and Barbuda 5. Argentina 6. Bahamas
7. Bahrain 8. Bangladesh 9. Barbados
10. Belize 11. Benin 12. Bhutan
13. Bolivia 14. Bosnia and Herzegovina 15. Botswana
16. Brazil 17. Brunei Darussalam 18. Burkina Faso
19. Burundi 20. Cambodia 21. Cameroon
22. Cape Verde 23. Central African Republic 24. Chad
25. Chile 26. China 27. Colombia
28. Comoros 29. Congo 30. Costa Rica
31. Coste d' lvoire 32. Cuba 33. Cyprus
34. Democratic People's 35. Democratic Republic of the 36. Djibouti
Republic of Korea Congo
37. Dominica 38. Dominican Republic 39. Ecuador
40. Egypt 41. El Salvador 42. Equatorial Guinea
43. Eritrea 44. Ethiopia 45. Fiji
46. Gabon 47. Gambia 48. Ghana
49. Grenada 50. Guatemala 51. Guinea
52. Guinea-Bissau 53. Guyana 54. Haiti
55. Honduras 56. Indonesia 57. Iran (Islamic Republic of)
58. Iraq 59. Jamaica 60. Jordan
61. Kenya 62. Kiribati 63. Kuwait
64. Lao People's 65. Lebanon 66. Lesotho
DemocraticRepublic
67. Liberia 68. Libyan Arab Jamshiriya 69. Madagascar
70. Malawi 71. Malaysia 72. Maldives
73. Mali 74. Malta 75. Marshall Islands
76. Mauritania 77. Mauritius 78. Micronesia
79. Mongolia 80. Morocco 81. Mozambique
82. Myanmar 83. Namibia 84. Nepal
85. Nicaragua 86. Niger 87. Nigeria
88. Oman 89. Pakistan 90. Palestine
91. Panama 92. Papua New Guinea 93. Paraguay
94. Peru 95. Philippines 96. Qatar
97. Romania 98. Rwanda 99. St. Kitts and Nevis
100. St. Lucia 101. St. Vincent and the Grenadines 102. Samoa
GENERAL EXEMPTION NO. 93 1359
‘Interim Rules of Origin’ for preferential tariff concessions for the Early Harvest Scheme pursuant
to the Framework Agreement between the Republic of India and the Kingdom of Thailand:
[Notifn. No.101/2004-Cus-(N.T.) dt. 31.8.2004]
In exercise of the powers conferred by sub-section (I) of section 5 of the Customs Tariff Act, 1975
(51 of 1975), the Central Government hereby makes the following rules, namely:-
(1) These rules may be called the ‘Interim Rules of Origin’. In determining the origin of products
eligible for the preferential tariff concessions for the Early Harvest Scheme pursuant to the Framework
Agreement between the Republic of India and the Kingdom of Thailand (hereinafter referred to as “the
Agreement”), the following rules shall apply:
(2) They shall come into force on the 1st day of September 2004.
Rule 1 Application
These rules shall apply to products consigned from the territory of either of the Parties. These rules shall be
superseded and replaced by the Rules of Origin to be negotiated and implemented by the Parties under
Article 3(6)(ii) of the Agreement for FT A in goods.
Rule 2 Definitions
“CIF” value means the price paid to the exporter for the product when it arrives at the port of importation.
The exporter must pay the costs, freight, and insurance necessary to deliver the product to the named port of
destination. The valuation shall be made in accordance with the Agreement on the implementation of Article
VII of GATT 1994.
“FOB value means the free-on-board price paid to the exporter for the product when it leaves the named
port of shipment. Thereafter, the importer will assume the costs including the necessary expenses for the
shipment. The valuation shall be made in accordance with the Agreement on the implementation of Article
VII of GATT 1994.
“Harmonized system” means the nomenclature of the Harmonized Commodity Description and Coding
System defined in the International Convent ion on the Harmonized Commodity Description and Coding
System (done at Brussels on 14 June 1983) including all legal notes thereto, as in force and as amended from
time to time;
“Identical and interchangeable materials” means materials being of the same kind and commercial quality,
possessing the same technical and physical characteristics, and which once they are incorporated into the
GENERAL EXEMPTION NO. 94 1361
finished product cannot be distinguished from one another for origin purposes by virtue of any markings
etc.;
“Indirect material” means goods used in the production, testing or inspection of goods but not physically
incorporated into the goods, or goods used in the maintenance of buildings or the operation of equipment
associated with the production of goods, including:
(a) fuel and energy;
(b) tools, dies and moulds;
(c) parts and materials used in the maintenance of equipment and buildings;
(d) lubricants, greases, compounding materials and other materials used in production or used to operate
equipment and buildings;
(e) gloves, glasses, footwear, clothing, safety equipment and supplies;
(f) equipment, devices, and supplies used for testing or inspecting the goods;
(g) catalysts and solvents; and
(h) any other goods that are not incorporated into the good but whose use in the production of the good
can reasonably be demonstrated to be a part of that production.
“Material” means raw materials, ingredients, parts, components, subassembly and/or goods that are physically
incorporated into another good or are subject to a process in the production of another good;
“Originating goods” means products that qualify as originating in accordance with the provisions of Rule
4;
“Packing” means the goods used to protect a good during its transportation and also packaging material and
containers in which a good is packaged for retail sale;
“Preferential tariff treatment” means the preferential customs duty rate and treatment available over the
applied Most-Favoured-Nation customs duty to originating goods pursuant to the rules of origin;
“Product” means the product being manufactured, even if it is intended for later use in another manufacturing
operation;
“Production” means methods’ of obtaining goods such as growing, mining, harvesting, raising, breeding,
extracting, gathering, collecting, capturing, fishing, trapping, hunting, manufacturing, produ cing, processing
or assembling etc.;
“Product Specific Rules” means the rules that specify that the non originating materials have undergone a
change in tariff classification or a specific manufacturing or processing operation, or satisfy an ad valorem
criterion or a combination of any of these criteria;
“Non-originating material” means any material whose country of origin is other than the Parties (imported
non-originating) and any material whose origin cannot be determined (undetermined origin);
The “territory of India” means the territory of the Republic of India including its territorial waters and the
air space above its territorial waters and the air space above it, and the other maritime zones including the
Exclusive Economic Zone and Continental Shelf over which Republic of India has sovereignty, sovereign
GENERAL EXEMPTION NO. 94 1362
rights or exclusive jurisdiction in accordance with its laws in force, the 1982 United Nations Convention on
the law of the sea and international law;
The “territory of Thailand” means the territory of the Kingdom of Thailand including its territorial waters
and the air space above its territorial waters and the air space above it, and the other maritime zones including
the Exclusive Economic Zone and Continental Shelf over which Kingdom of Thailand has sovereignty,
sovereign rights or exclusive jurisdiction in accordance with its laws in force, the 1982 United Nations
Convention on the law of the sea and international law;
No product shall be deemed to be originating in either Party unless the conditions specified in these rules are
complied with in relation to such products and to the satisfaction of the respective Government Authorities
designated to issue the Certificate of Origin.
For the purposes of these rules, products imported by a Party shall be deemed to be originating and eligible
for preferential tariff concessions’ if they conform to the origin requirements under anyone of the following:
(a) Products which are wholly obtained or produced in the territory of the exporting Party as set out and
defined in Rule 5 or
(b) Products not wholly produced or obtained in the territory of the exporting Party provided that the
said products are eligible under Rule 6 or Rule 7, and Rule 8.
_____________________________________________________________________________________________
1.Plant refers to all plant life, including forestry products, fruits, flowers, vegetables, trees, seaweed and fungi.
2 Animals refer to all animal life, including mammals, birds, fish, crustaceans, worms. mollusks, and reptiles.
3 Products refer to those obtained from live animals without further processing, including milk, eggs, natural honey, and wool.
4 Includes mineral fuels, lubricants and related materials as well as mineral or metal ores.
GENERAL EXEMPTION NO. 94 1363
(g) Products of sea fishing and other marine products taken from outside its territory, by its vessels 5.6;
(h) Products processed and/or made on board its factory ships6,7 , exclusively from products referred to
in paragraph (g) above;
(i) Articles collected there which can no longer perform their original purpose nor are capable of being
restored or repaired and are fit only for disposal or recovery of parts of raw materials, or for recycling
purposes8; and
(j) Products obtained or produced in a Party solely from products referred to in paragraphs (a) to (i)
above.
(a) For the purposes of rule 4(b), the following general criteria should be applied, provided that the
final process of the manufacture is performed within the territory of the exporting party and subject to rule
8:
(b) Products specified in Annexure-A which fulfil one or a combination of the above criteria shall be
considered as originating from the exporting Party provided that the final process of the manufacture is
performed within the territory of the exporting Party and subject to Rule 8.
(c) For the products not specified in Annexure- A as per Rule 6(b), the following criteria shall be
applied in determining the origin of not-wholly produced or obtained products provided that the final process
of the manufacture is performed within the territory of the exporting Party and subject to Rule 8:
i. local value added content of 40% meaning thereby that the total value of materials originating
from the countries other than the Parties or of undetermined origin (that is non originating materials)
used does not exceed 60% of the FOB value of the product so produced or obtained; and
ii. change in tariff heading at the 4 digit level of Harmonised System where the final export
product is classified differently from all the non-originating materials used in its production.
________________________________________________________________________________________________________
5. “Vessels” shall refer to fishing vessels engaged in commercial fishing, registered in the country of the Party and operated by a
citizen or citizens of the Party or partnership, corporation or association, duly registered in such country, at least 51 per cent of equity
of which is owned by a citizen or citizens and/or Government of such Party or 75 per cent by citizen and/or Governments of the
Parties. However, the products taken from vessels, engaged in commercial fishing under Bilateral Agreements which provide for
chartering/leasing of such vessels and/or sharing of catch between Party will also be eligible for preferential treatment.
6 In respect of vessels or factory ships operated by Government agencies, the requirements of flying the flag of the Party does not
apply.
7 The term “Factory ship” means any vessel, as defined, used for processing and/or making on board products exclusively for those
products referred to in clause (f) of Rule 5
8 This would cover all scrap and waste including scrap and waste resulting from manufacturing or processing operations or con-
sumption in the same country, scrap machinery, discarded packaging and all products that can no longer perform the purpose for
which they were produced and are fit only for the recovery of raw materials. Such manufacturing or processing operations shall
include all types of processing, not only industrial or chemical but also mining, agriculture, construction, refining, incineration and
sewage treatment operations.
GENERAL EXEMPTION NO. 94 1364
(d) The formula for calculation of local value added content is as follows:
FOB value of the export product - Value of non originating materials × 100 = % of Local Value
Added Content (LVAC)
FOB value of the export product
i. the CIF value at the time of importation of the materials, parts or produce; and/or
ii. the earliest ascertained price paid for the materials, parts or produce of undetermined origin
in the territory of the Party where the working or processing takes place.
Unless otherwise provided for, products which comply with origin requirements provided for in Rule 4 and
which are used in the territory of a Party as materials for a finished product eligible for preferential treatment
under the Agreement shall be considered as products originating in the territory of the Party where working
or processing of the finished product has taken place subject to fulfillment of conditions of Rule 8 and that
the aggregate India-Thailand value added content on the final product is not less than 40% or a the local
value added content specified for products in Annexure - A.
The following operations or processes are considered to be insufficient to confer the status of originating
products, whether or not there is a change in tariff classification:
(a) Operations to ensure the preservation of products in good condition during transport and storage
(such as drying, freezing, keeping in brine, ventilation, spreading out, chilling, placing in salt, sulphur
dioxide or other aqueous solutions, removal of damaged parts, and like operations);
(b) Simple operations consisting of removal of dust, sifting or screening, sorting, classifying, matching
(including the making-up of sets of articles), washing, painting, cutting;
(d) Simple slicing, and repacking or placing in bottles, flasks, bags, boxes, fixing on cards or boards,
etc.;
(e) The affixing of marks, labels or other like distinguishing signs on products or their packaging;
(f) Simple mixing of products, provided the characteristics of the obtained products are not essentially
different from those of mixed products;
(h) Disassembly;
(j) Mere dilution with water or another substance that does not materially alter the characteristics of
the goods;
(k) Simple cleaning, including removal of oxide, oil, paint or other coverings;
The following shall be considered to be directly consigned from the exporting Party to all custom points
of the importing Party;
(a) if the products are transported without passing through the territory of any country other
than the Parties;
(b) the products whose transport involves transit through one or more intermediate country
with or without tran-shipment or temporary storage in such countries, provided that:
i. The transit entry is justified for geographical reason or by consideration related exclusively to
transport requirements;
ii. The products have not entered into trade or consumption there; and
iii. the products have not undergone any operation there other than unloading and reloading or any
operation required to keep them in good condition.
i. The packages and packing materials for retail sale, when classified together with the packaged
product, according to General Rule 5(b) of the Harmonised System, shall not be taken into
account for considering whether all non-originating materials used in the manufacture of a
product fulfil the criterion corresponding to a change of tariff classification of the said product.
ii. If the product is subject to an ad-valorem percentage criterion, the value of the packages and
packing materials for retail sale shall be taken into account in its origin assessment, in case they
are treated as being one for customs purposes with the products in question.
The containers and packing materials exclusively used for the transport of a product shall not be taken into
account for determining the origin of any product, in accordance with General Rule 5(b) of the Harmonized
System.
Each Party shall provide that accessories, spare parts and tools delivered with a product that form
part of the product’s standard accessories, spare parts and tools, shall be treated as originating products if the
product is an originating product, and shall be disregarded in determining whether all the non-originating
GENERAL EXEMPTION NO. 94 1366
materials used in the production of the product undergo the applicable change in tariff classification, provided
that:.
(a) The accessories, spare parts and/or tools are not invoiced separately from the product;
(b) The quantities and value of the accessories, spare parts and/or tools are standard trade practice for
the originating product in the domestic market of the exporting Party; and
(c) If the product is subject to a local value added content criterion, the value of such accessories, spare
parts and/or tools shall be taken into account as originating or non originating materials, as the case may be,
in calculating the local value added content.
An indirect material shall be treated as an originating material without regard to where it is produced and its
value shall be the cost registered in the accounting records of the producer of the export product.
For the purposes of determining origin of product utilizing identical and interchangeable originating and
non originating materials, mixed or physically combined, the origin of such materials can be determined by
generally accepted accounting principles of stock control applicable in the exporting party.
A claim that products shall be accepted as eligible for preferential concessions in the importing Party shall
be supported by a Certificate of Origin issued by a Government authority designated by the exporting Party
and notified to the other Party to the Agreement in accordance with the Operational Certification Procedures,
as set out in Annexure- B.
These rules may be reviewed and modified as and when necessary upon request of a Party and may be open
to such reviews and modifications as may be agreed upon.
GENERAL EXEMPTION NO. 94 1367
ANNEXURE-A
Tariff item (HS2002) Description of products Applicable Rule
____________________________________________________________________________________________________________________
1605 Crustaceans, molluscs and other
aquatic invertebrates, prepared or
preserved.
4. 160510 - Crab Local Value Added Content 30%
____________________________________________________________________________________________________________________
7104 Synthetic or reconstructed precious or
semi-precious stones, whether or not
worked or graded but not strung,
mounted or set; ungraded synthetic or
reconstructed precious or semi-
precious stones, temporarily strung for
convenience of transport.
5. 710490 - Other Change at 4-digit H. S level (Change
to subheading 710490 from any other
heading), provided that there is a Local
Value Added Content not less than 20%
____________________________________________________________________________________________________________________
7105 Dust and powder of natural or
synthetic precious or semi-precious
stones.
6. 710510 - Dust and powder of diamonds Change at 4-digit H. S level (Change
to subheading 710510 from any other
heading, provided that there is a Local
Value Added Content not less than 20%
____________________________________________________________________________________________________________________
7113 Articles of jewellery and parts thereof,
of precious metal or of metal clad with
precious metal
7. 711319 - - Of precious metal, whether or not Changed at 4-digit H.S.Level (Change
plated or clad with precious metal to subheading 711319 from any other
heading), provided that there is a Local
Value Added Content not less than 20%
____________________________________________________________________________________________________________________
8413 Pumps for liquids, whether or not fitted
GENERAL EXEMPTION NO. 94 1368
____________________________________________________________________________________________________________________
8528 Reception apparatus for television,
whether or not incorporating radio-
broadcast receivers or sound or video
recording or reproducing apparatus;
video monitors and video projectors.
GENERAL EXEMPTION NO. 94 1371
____________________________________________________________________________________________________________________
ANNEXURE-B
OPERATIONAL CERTIFICATION PROCEDURES
FOR INTERIM RULES OF ORIGIN FOR PRODUCTS ELIGIBLE FOR PREFERENTIAL
TARIFF FOR THE EARLY HARVEST SCHEME UNDER THE FRAMEWORK AGREEMENT
FOR ESTABLISHING FREE TRADE AREA BETWEEN THE KINGDOM OF THAILAND AND
REPUBLIC OF INDIA
For the purpose of implementing the Interim Rules of Origin for the Early Harvest Scheme under the Frame-
work Agreement for Establishing Free Trade Area between Thailand and India (ITFTA) the following
operational procedures on the issuance and verification of the Certificate of Origin (Form FTA) and the other
related administrative matters, shall be followed:
AUTHORITIES
Rule 1
The Certificate of Origin shall be issued by the Government authorities of the exporting Party.
Rule 2
(a) The Parties shall submit each other of the names and addresses of their respective Government
authorities issuing the Certificate of Origin as well as provide specimen signatures and specimen of
official seals used by the Government authorities.
(b) Any change in names, addresses, or official seals shall be promptly informed in the same manner.
Rule 3
For the purpose of verifying the conditions for preferential treatment, the government authority designated
to issue the certificate of origin (herein after refered to as issuing authority) shall have the right to call for
any supporting documentary evidence or to carry out any check considered appropriate.
APPLICATIONS
Rule 4
The manufacturer and/or exporter of the products qualified for preferential treatment shall apply in writing
to the relevant Issuing Authority requesting for the pre-exportation verification of the origin of the products.
The result of the verification, subject to review periodically or whenever appropriate, shall be accepted as
the supporting evidence in verifying the origin of the said products to be exported thereafter. The pre-
exportation verification may not apply to the products of which, by their nature, origin can be easily veri-
fied.
Rule 5
Before exporting the products under preferential treatment, the exporter or his authorized representative
GENERAL EXEMPTION NO. 94 1373
shall submit a written application for the Certificate of Origin together with appropriate supporting documents
proving that the products to be exported qualify for the issuance of Certificate of Origin.
PRE-EXPORTATION EXAMINATION
Rule 6
The Issuing Authority shall, to the best of their competence and ability, carry out proper examination upon
each application for the Certificate of Origin to ensure that:
(a) The application and the Certificate of Origin are duly completed and signed by the authorized
signatory;
(b) The origin of the product is in conformity with the India-Thailand Interim Rules of Origin;
(c) The other statements of the Certificate of Origin correspond to supporting documentary evidence
submitted;
(d) Description, quantity and weight of goods, marks and number of packages, number and kinds of
packages, as specified, conform to the consignment to be exported.
Rule 7
(a) The validity of the Certificate of Origin shall be 12 months from the date of its issuance.
(b) The Certificate of Origin must be on ISO A4 size paper in conformity to the specimen shown in
Attachment 1. It shall be made in English.
(c) The Certificate of Origin shall comprise of one original and three (3) carbon copies of the follow-
ing colours:
Original - blue
Duplicate - white
Triplicate - white
Quadruplicate - white
(d) Each Certificate of Origin shall bear a printed distinctive number and a reference number separately
given by each place or office of issuance. The original copy, together with the triplicate, shall be forwarded
by the exporter to the importer for submission of the original copy to the Customs Authority at the port or
place of importation. The duplicate shall be retained by the issuing authority in the exporting Party. The
triplicate shall be retained by the importer and the quadruplicate shall be retained by the exporter.
Rule 8
To implement the provisions of Rule 5, Rule 6 and Rule 7 of the India-Thailand Interim Rules of Origin, the
Certificate of Origin issued by the exporting Party shall indicate the relevant rules and applicable percent-
age of local value added content in Box 8.
Rule 9
Neither erasures nor superimpositions shall be allowed on the Certificate of Origin. Any alteration shall be
GENERAL EXEMPTION NO. 94 1374
made by striking out the erroneous materials and making any addition required. Such alterations shall be
approved by an official authorized signing the Certificate of Origin and certified by the Issuing Authority.
Unused spaces shall be crossed out to prevent any subsequent addition.
Rule 10
(a) The Certificate of Origin shall be issued by the relevant Issuing Authority of the exporting party at
the time of exportation whenever the products to be exported can be considered originating in that Party
within the meaning of the India-Thailand Interim Rules of Origin.
(b) In exceptional cases where a Certificate of Origin has not been issued at the time of exportation due
to involuntary errors or omissions or other valid causes, the Certificate of Origin may be issued retroactively
but no longer than 45 days from the date of shipment, bearing the word “ISSUED RETROACTIVELY”
Rule 11
In the event of theft, loss or destruction of a Certificate of Origin, the exporter may apply in writing to the
Issuing Authority which issued it for a certified true copy of the original and the triplicate to be made on the
basis of the export documents in their possession bearing the endorsement of the word “CERTIFIED TRUE
COPY FOR THE ORIGINAL CERTIFICATE NO…DATED…” in Box 12. This copy shall bear the date of
the original Certificate of Origin. The certified true copy of a Certificate of Origin shall be issued within the
validity period of the original Certificate of Origin and on condition that the exporter provides to the rel-
evant issuing authority the quadruplicate copy. The validity of certified true copy of the Certificate of
Origin would be same as that of the original certificate so issued.
PRESENTATION
Rule 12
The Original Certificate of Origin shall be submitted to the Customs Authority at the time of lodging the
import entry for the products concerned.
Rule 13
The following time limit for the presentation of the Certificate of Origin shall be observed:
(a) Certificate of Origin must be submitted to the Customs Authority of the importing Party within the
validity period from the date of endorsement by the relevant Issuing Authority of the exporting Party;
(b) Where the Certificate of Origin is submitted to the relevant Government authority of the importing party
after the expiration of the validity of the Certificate of Origin, such Certificate is still to be accepted
when failure to observe the time-limit results from force majeure or other valid causes beyond the
control of the exporter; and
(c) In all cases, the relevant Government authority in the importing party may accept such Certificate of
Origin provided that the products have been imported before the expiration of the validity of the Cer-
tificate of Origin.
Rule 14
The discovery of minor discrepancies between the statements made in the Certificate of Origin and those
made in the documents submitted to the Customs Authority of the importing Party for the purpose of carry-
ing out the formalities for importing the products shall not ipso-facto invalidate the Certificate of Origin, if
it does in fact correspond to the said products.
GENERAL EXEMPTION NO. 94 1375
Rule 15
(a) The importing Party may request a retroactive check at random and/or when it has reasonable doubt as
to the authenticity of the document or as to the accuracy of the information regarding the true origin of
the products in question or of certain parts thereof.
(b) The request shall be accompanied with the Certificate of Origin concerned and shall specify the reasons
and any additional information suggesting that the particular given on the said Certificate of Origin may
be inaccurate, unless the retroactive check is requested on a random basis.
(c) The Customs Authority of the importing Party may suspend the provisions on preferential treatment
while awaiting the result of verification. However, it may release the products to the importer subject to
any administrative measures deemed necessary, provided that they are not held to be subject to import
prohibition or restriction and there is no suspicion of fraud.
(d) The Issuing Authority receiving a request for retroactive check shall respond within three (3) months
after the receipt of the request.
Rule 16
(a) The application for Certificates of Origin and all documents related to such application shall be retained
by the Issuing Authority for not less than two (2) years from the date of issuance.
(b) Information relating to the validity of the Certificate of Origin shall be furnished upon request of the
importing Party by an official authorized signing the Certificate of Origin and certified by the Issuing
Authority.
(c) Any information communicated among the government authorities shall be treated as confidential and
shall be used for the validation of Certificates of Origin purposes only.
SPECIAL CASES
Rule 17
When destination of all or parts of the products exported to specified port is changed, before or after their
arrival in the territory of the party, the following Rules shall be observed:
(a) If the products have already been submitted to the Customs Authority in the specified importing port,
the Certificate of Origin shall, by a written application of the importer, be endorsed to this effect for all
or parts of products by the said authority and the original returned to the importer.
(b) If the changing of destination occurs during transportation to the importing Party as specified in the
Certificate of Origin, the exporter shall apply in writing, accompanied with the issued Certificate of
Origin, for the new issuance for all or parts of products.
Rule 18
For the purpose of implementing Rule 9 (b) of the India-Thailand Interim Rules of Origin, where transpor-
tation is effected through the territory of one or more non- parties, the following shall be produced to the
Government authorities of the importing party:
Rule 19
(a) Products sent from an exporting Party for exhibition in another party and sold during or after the exhi-
bition for importation into a party shall benefit from the India-Thailand preferential tariff treatment on
the condition that the products meet the requirements of the India-Thailand Interim Rules of Origin
provided it is shown to the satisfaction of the relevant Government authorities of the importing Party that:
(i) An exporter has dispatched those products from the territory of the exporting Party to the
Country where the exhibition is held and has exhibited them there,
(ii) The exporter has sold the goods or transferred them to a consignee in the importing Party;
and
(iii) The products have been sold during the exhibition or immediately thereafter to the import-
ing Party in the state in which they were sent for the exhibition.
(b) For the purpose of implementing the above provisions, the Certificate of Origin must be produced to the
relevant Government authorities of the importing Party. The name and address of the exhibition must be
indicated, a certificate issued by the relevant Government authority of the Party where the exhibition
took place together with supporting documents prescribed in Rule 18(d) may be required.
(c) Paragraph (a) shall apply to any exhibitions, fairs or similar shows or displays where the products
remain under Customs control during these events.
Rule 20
(a) When it is suspected that fraudulent acts in connection with the Certificate of Origin have been
committed, the Government Authorities concerned shall cooperate for appropriate action to be taken in the
respective Party against the persons involved.
(b) Each Party shall provide legal sanctions for fraudulent acts related to the Certificate of Origin.
Rule 21
In the case of a dispute concerning origin determination, classification of products or other matters, the
Government authorities concerned in the importing and exporting Parties shall consult each other with a view
to resolving the dispute.
GENERAL EXEMPTION NO. 94 1377
Attachment 1
ORIGINAL
THAILAND
Issued in ............................................
(country)
3. Means of transport and route (as far as known) 4. For official use
5. Item 6. Marks and 7. Number and type of packages; 8. Origin 9. Gross weight 10.Number
number numbers of description of goods (including criterion and value and date
packages quantity where appropriate and (FOB) of invoice
HS code of the importing country)
DUPLICATE
THAILAND
Issued in ...............................................
(country)
3. Means of transport and route (as far as known) 4. For official use
5. Item 6. Marks and 7. Number and type of packages; des- 8. Origin 9. Gross weight 10.Number
number numbers of cription of goods (including quantity criterion and value and date
packages where appropriate and HS code of (FOB) of invoice
the importing country)
The undersigned hereby declares that the above details and It is hereby certified, on the basis of
statements are correct; that all the goods were produced in control carried out, that the declaration
by the exporter is correct.
THAILAND
.....................................................................................................
(country)
and that they comply with the origin requirement specified for
thosegoods in the Free Trade Agreement for goods exported to
.....................................................................................................
(reporting country)
..................................................................................................... .................................................
Place and date, signature of authorised signatory Place and date, signature and stamp of
certifying authority
No.000000
GENERAL EXEMPTION NO. 94 1379
TRIPLICATE
3. Means of transport and route (as far as known) 4. For official use
5. Item 6. Marks and 7. Number and type of packages; des- 8. Origin 9. Gross weight 10.Number
number numbers of cription of goods (including quantity criterion and value and date
packages where appropriate and HS code of the (FOB) of invoice
importing country)
The undersigned hereby declares that the above details and It is hereby certified, on the basis of
statementsare correct; that all the goods were produced in control carried out, that the declaration
by the exporter is correct.
THAILAND
....................................................................................................
(country)
and that they comply with the origin requirement specified for
those goods in the Free Trade Agreement for goods exported to
....................................................................................................
(reporting country)
.................................................................................................... .................................................
Place and date, signature of authorised signatory Place and date, signature and stamp of
certifying authority
No.000000
GENERAL EXEMPTION NO. 94 1380
QUADRUPLICATE
THAILAND
Issued in ............................................
(country)
3. Means of transport and route (as far as known) 4. For official use
5. Item 6. Marks and 7. Number and type of packages; des 8. Origin 9. Gross weight 10.Number
number numbers of cription of goods (including quantity criterion and value and date
packages where appropriate and HS code of (FOB) of invoice
the importing country)
The undersigned hereby declares that the above details and It is hereby certified, on the basis of
statements are correct; that all the goods were produced in control carried out, that the declaration
by the exporter is correct.
THAILAND
.....................................................................................................
(country)
and that they comply with the origin requirement specified for
those goods in the Free Trade Agreement for goods exported to
.....................................................................................................
(reporting country)
..................................................................................................... .................................................
Place and date, signature of authorised signatory Place and date, signature and stamp of
certifying authority
No.000000
GENERAL EXEMPTION NO. 94 1381
1. CONDITIONS:- The main conditions for admission to the preferential treatment under the India-
Thailand Free Trade Agreement are that the goods sent to the Parties:
(i) must fall within a description of products eligible for concessions in the country of destination;
(ii) must comply with the consignment conditions that the goods must be consigned directly from ex-
porting party to the importing Party but transport that involves passing through one or more inter-
mediate countries, is also accepted provided that any intermediate transit, transshipment or tempo-
rary storage arises only for geographic reasons or transportation requirements; and
(iii) must comply with the origin criteria given in the next paragraph.
2. ORIGIN CRITERIA: For exports to be eligible for preferential treatment, the requirement is that
either:
(i) The products wholly produced or obtained in the exporting Party as defined in Rule 5 of the Rules
of Origin: or
(ii) The products not wholly produced or obtained in the exporting Party as defined in Rule 6 of the
Rules of Origin.
If the goods under the above criteria, the exporter must indicate in box 8 of this form the origin criteria on
the basis of which he claims that his goods qualify for preferential treatment, in the manner shown in the
following table:
Circumstances of production or Manufacturer in the Insert in Box 8
exporting Party named in Box 11 of this form
(a) Products wholly produced in the country of “X”
exportation (see paragraph 2(i) above)
(b) Products worked upon but not wholly produced Percentage of local value added content
in the exporting Party which were produced in con-
formity with the provisions of paragraph 2(ii) above Percentage of local value added content
(i) Percentage of Local Value Added Content Example 40%
(ii) Change at 4-digit HS plus percentage of Local 4 digit + percentage of local value added
Value Added Content content
(iii) Change at 6-digit HS plus percentage of Local 6 digit + percentage of local value added
Value Added Content content
3. EACH ARTICLE MUST QUALIFY: It should be noted that all the products in a consignment must
qualify separately in their own right. This is a particular relevance when similar articles of different sizes of
spare parts are sent.
6. The term “Exporter” in Box 11 may include the manufacture or the producer.
7. FOR OFFICIAL USE: The customs Authority of the importing Party must bear the word in preferential
or preferential treatment in Box 4. For multiple items declared in the same Form FTA India-Thailand, of
preferential treatment is guaranteed to any of the items, this is also to be indicated accordingly in box 4 and
the item number circled or marked appropriately in box 5.
8. FOR CUMULATIVE RULE OF ORIGIN: The issuing authority of the party will stamp “Cumulative
Rule” on box 4.
INTERIM RULES OF ORIGIN FOR EARLY HARVEST SCHEME (EHS) UNDER THE
FRAMEWORK AGREEMENT FOR ESTABLISHING THE FREE TRADE AREA
BETWEEN THE KINGDOM OF THAILAND AND THE REPUBLIC OF INDIA
58. 844833 - Spindles, spindle flyers, spinning rings and ring Change at 4-digit H.S level
travellers (Change to subheading
844833 from any other head-
ings), provided that there is a
Local Value Added Content not
less than 40%
GENERAL EXEMPTION NO. 94 1393
2. This notification shall come into force with effect from the 1st day of September, 2006.
TABLE
S. No. Sub-heading or Description of goods Rate
tariff item
(1) (2) (3) (4)
1. 0804 50 Fresh mangosteens, mangoes -
2. 0806 10 00 Fresh grapes -
3. 0808 10 00 Apples -
4. 0810 60 00 Durians -
5. 0810 90 Fresh rambutans, longans, pomegranates -
6. 1001 11 and Durum wheat -
1001 19
7. 1001 901 and All goods -
1001 99
8. 1604 11 00 Salmon -
9. 1604 13 Sardines, sardinella and brisling or sprats -
10. 1604 15 00 Mackerel -
11. 1605 10 00 Crab -
12. 2501 00 Salt (including table salt and denatured salt) and -
pure sodium chloride, whether or not in aqueous
solution or containing added anti-caking or free
flowing agents; Sea water
GENERAL EXEMPTION NO. 95 1399
In exercise of the powers conferred by sub-section (I) of section 5 of the CustomsTariff Act, 1975
(51 of 1975), the Central Government hereby makes the following rules, namely:-
(1) These Rules may be called ‘Rules of Origin’ for determining the origin of products eligible for the
preferential tariff concessions pursuant to Comprehensive Economic Cooperation Agreement be-
tween Republic of India and Republic of Singapore (hereinafter referred to as ‘the Agreement), the
following Rules shall apply;
(2) They shall come into force on the 1st day of August 2005
2. Definitions
(i) carrier refers to any vehicle for air, sea, and land transport;
(ii) CIF price or CIF value refers to the price actually paid or payable to the exporter for the good when the
good is loaded out of the carrier, at the port of importation. The price value includes the cost of the good,
insurance and freight necessary to deliver the good to the named port of destination;
(iii)Customs Valuation Agreement means the WTO Agreement on Implementation of Article VII of the
General Agreement on Tariffs and Trade 1994;
(iv)FOB price or FOB value refers to the price actually paid or payable to the exporter for the good when
the good is loaded onto the carrier at the named port of exportation. The value includes the cost of the good
and all costs necessary to bring the good onto the carrier;
(v) generally accepted accounting principles refers to the recognised consensus or substantial authoritative
support in the territory of a Party at a particular time as to which economic resources and obligations should
be recorded as assets and liabilities, which changes in assets and liabilities should be recorded, how the
assets and liabilities and changes in them should be measured, what information should be disclosed and
how it should be disclosed, and which financial statements should be prepared. These standards may be
broad guidelines of general application as well as detailed practices, and procedures;
(vi) Harmonised System means the Harmonised Commodity Description and Coding System;
(vii) identical and interchangeable materials means materials being of the same kind and commercial
quality, possessing the same technical and physical characteristics, and which once they are incorporated
into the finished product cannot be distinguished from one another for origin purposes by virtue of any
markings etc;
GENERAL EXEMPTION NO. 96 1404
(viii) indirect material means a good used in the production, testing or inspection of a good but not
physically incorporated into the good, or a good used in the maintenance of buildings or the operation
of equipment associated with the production of a good, including:
(a) fuel and energy;
(b) tools, dies, and moulds;
(c) parts and materials used in the maintenance of equipment and buildings;
(d) lubricants, greases, compounding materials, and other materials used in production
or used to operate equipment and buildings;
(e) gloves, glasses, footwear, clothing, safety equipment, and supplies;
(f) equipment, devices, and supplies used for testing or inspecting the goods;
(g) catalysts and solvents; and
any other goods that are not incorporated into the good but whose use in the production of the good
can reasonably be demonstrated to be part of that production;
(ix) material means ingredients, raw materials, parts, components, subassemblies and goods that were
physically incorporated into another good or were subject to a process in the production of another good;
(x) non-originating material used in production means any material whose country of origin is other than
the Parties (imported non-originating) and any material whose origin cannot be determined (undetermined
origin);
(xi) originating material means a material that fulfils the criteria set out in either Rule 4 or Rule 5.
(xii) production means methods of obtaining goods including manufacturing, producing, assembling,
processing, raising, growing, breeding, mining, extracting, harvesting, fishing, trapping, gathering, collecting,
hunting and capturing.
3. Originating Goods
For purposes of this Agreement, products shall be deemed originating and eligible for preferential
treatment if they are consigned according to Rule 15 and conform to the origin requirement under any of the
following conditions:
(a) Products wholly produced or obtained in the territory of the exporting Party, in accordance
with Rule 4; or
(b) Products not wholly produced or obtained in the territory of the exporting Party, provided
that the said products are eligible under Rule 5.
For the purposes of this Agreement, goods wholly obtained or produced in the territory of a
Party shall be treated as originating goods of that Party. The following goods only shall be considered as
being wholly obtained or produced in a Party:
GENERAL EXEMPTION NO. 96 1405
(a) a raw or mineral good 4-1/product extracted from its soil, waters, seabed, or beneath the
seabed;
(b) a vegetable good 4-2 harvested or produced there;
(c) an animal born and raised there;
(d) a good obtained from animals referred to in (c) above;
(e) a good obtained from hunting, trapping, fishing or aquaculture conducted there;
(f) a good of sea fishing and other marine goods taken from outside its territory/territorial
waters and Exclusive Economic Zone (EEZ) by vessels registered with a Party and flying
its Flag;
(g) a good processed and/or made on board factory ships registered with a Party and flying its
Flag exclusively from products referred to in paragraph (f) above;
(h) a good taken by a Party, or a person of a Party, from the sea bed or beneath the sea bed
outside the territorial waters/sea of that Party, in accordance with the provisions of the
United Nations Convention on the Law of the Sea;
(i) articles collected there which can no longer perform their original purpose nor are capable
of being restored or repaired and are fit only for disposal or recovery of parts or raw mate-
rials, or for recycling purposes 4-3; and
(j) a good produced there exclusively from goods referred to in (a) through (i), or from their
derivatives, at any stage of production.
1. Within the meaning of paragraph (b) of Rule 3 and subject to the provisions of Rule 7, 10 and that
the final process of manufacturing is performed within the territory of the exporting Party, products would
be considered as originating if:
(a) (i) the total value of the materials, parts or produce originating from countries other than the
Parties or of undetermined origin used in the manufacture of the product does not exceed
60% of the FOB value of the product so produced or obtained; and,
(ii) the product so produced or obtained is classified in a heading, at the four digit level, of the
Harmonised System different from those in which all the non-originating materials used in
its manufacture are classified; or
(b) the product satisfies the Product Specific Rules as specified in Annex B.
2. For the purposes of calculating the local value added content, either of the following methods can
be applied:
3. For the purpose of paragraph 2, if the material does not satisfy the requirements of paragraph 1, the
non-qualifying value of the materials shall be that proportion which cannot be attributed to one or both of
the Parties, provided that the requirements of Rule 7 at each stage of value accumulation are satisfied.
6. Indirect Materials
In order to determine whether a product originates in the territory of a Party, any indirect material
used to obtain such products shall be treated as originating whether such material originates in third coun-
tries or not, and its value shall be the cost registered in the accounting records of the producer of the good.
7. Insufficient Operations
1. The following operations or processes shall not be considered as sufficient transformation provided
for in Rule 5:
(a) operations to ensure the preservation of products in good condition during transport and storage
(such as drying, freezing, keeping in brine, ventilation, spreading out, chilling, placing in salt, sul-
phur dioxide or other aqueous solutions, removal of damaged parts, and like operations);
(b) simple operations consisting of removal of dust, sifting or screening, sorting, classifying, matching
(including the making-up of sets of articles), washing, painting, cutting;
(c) changes of packing and breaking up and assembly of consignments;
(d) simple cutting, slicing and repacking or placing in bottles, flasks, bags, boxes, fixing on cards or
boards, and all other simple packing operations;
(e) affixing of marks, labels or other like distinguishing signs on products or their packaging;
(f) simple mixing of products whether or not of different kinds, where one or more components of the
mixture do not meet the conditions laid down in this Chapter to enable them to be considered as
originating products;
(g) simple assembly of parts of products to constitute a complete product;
(h) disassembly;
(i) slaughter of animals;
(j) mere dilution with water or another substance that does not materially alter the characteristics of the
goods; and
(k) a combination of two or more operations referred to in paragraphs (a) to (j).
The value of a non-originating material used in the production of a good shall be:
(a) For imported materials, parts or produce, the CIF value at the time of importation determined in
accordance with the Agreement on Customs Valuation; and/or
_______________________________________________________________________________________
4-4
As defined in Rule 2.
GENERAL EXEMPTION NO. 96 1407
(b) For materials, parts or produce of undetermined origin, the earliest price as ascertained by the
certifying authority to have been paid for in the territory of the Party where the working or process-
ing takes place.
9. Determination of Origin
No product shall be deemed to be a produce or manufacture of either Party unless the conditions
specified in these rules are complied with in relation to such products, to the satisfaction of the authority
issuing the certificate of origin.
10. Accumulation
1. A product manufactured in one Party and used in the territory of the other Party as a material for the
finished product shall be considered as a product originating in the territory of the latter Party provided that
it:
(a) complies with the origin requirements provided for in Rule 4 or 5; and
(b) fulfils the criteria in Rule 7.
Each Party shall provide that accessories, spare parts and tools delivered with a good that form part
of the good’s standard accessories, spare parts and tools, shall be treated as originating goods if the good is
an originating good, and shall be disregarded in determining whether all the non-originating materials used
in the production of the good undergo the applicable change in tariff classification, provided that:
(a) the accessories, spare parts and tools are not invoiced separately from the good;
(b) the quantities and value of the accessories, spare parts and tools are standard trade practice for the
good in the domestic market of the exporting Party; and
(c) if the good is subject to a qualifying value content requirement, the value of the accessories, spare
parts, or tools shall be taken into account as originating or non-originating materials, as the case
may be, in calculating the qualifying value content of the good.
The containers and packing materials exclusively used for the transport of a product shall
not be taken into account for determining the origin of any product, in accordance with General
Rule 5(b) of the Harmonised System.
1. Where identical and interchangeable originating and non-originating materials including materials
of undetermined origin are used in the manufacture of a product, those materials shall be physically
segregated, according to their origin, during storage.
2. A producer facing considerable costs or material difficulties in keeping separate stocks of identical
and interchangeable originating and non-originating materials including materials of undetermined
origin used in the manufacture of a product, may use the so-called “accounting segregation” method
for managing stocks.
3. The accounting method shall be recorded, applied and maintained in accordance with generally
accepted accounting principles applicable in the Party in which the product is manufactured. The
method chosen must:
(a) permit a clear distinction to be made between originating and non originating materials including
materials of undetermined origin acquired and/or kept in stock; and
(b) guarantee that no more products receive originating status than would be the case if the materials
had been physically segregated.
4. The producer using this facilitation shall only complete origin declarations for the quantity of prod-
ucts considered as originating and shall assume full responsibility for the origin declarations and for
keeping all documentary evidence of origin of the materials. At the request of the competent au-
thorities of the exporting Party, the producer shall provide satisfactory information on how the
stocks have been managed.
5. A Party may require that the application of the method for managing stocks as provided for in this
Article is subject to prior authorisation.
1. Each Party shall provide for the issuance of written advance rulings, prior to the importation of a
good into its territory, to an importer of the good in its territory or to an exporter or producer of the
good in the exporting party, as to whether the good qualifies as an originating good. The importing
Party may request, at any time during the course of evaluating the request for an advance ruling,
additional information necessary to evaluate the request. The importing party shall issue its deter-
mination regarding the origin of the good within 120 days after receipt of all necessary information.
2. The importing Party shall apply an advance ruling to importation into its territory of the good for
which the ruling was issued, for such period, which may be specified in the ruling.
4. Where the importing Party modifies or revokes an advance ruling, such modification or revocation
shall only take effect 60 days after the date on which the modification or revocation is issued, and shall not
apply to importation of a good that has occurred prior to the effective date.
5. Notwithstanding paragraphs 3 and 4 above, the importing Party may revoke any advance ruling ab
initio, if the importer or exporter to whom the advance ruling was issued had provided false or incorrect
information pursuant to the application for the ruling.
6. Apart from the advance ruling being revoked ab initio, the person who had provided the false or
incorrect information shall also be liable to appropriate penalties under the domestic laws of the respective
Parties.
The originating goods of the other Party shall be deemed to meet the consignment criteria when
they are:
(i) they do not undergo operations other than unloading, reloading or operations to preserve them in
good condition; or
(ii) the transit entry is justified for geographical reason or by considerations related exclusively to
transport requirements.
Products eligible for preferential concessions shall be supported by a Certificate of Origin issued by
a government authority designated by the government of the exporting Party and notified to the other Party
(referred to herein as “the certifying authority”) in accordance with the Operational Certification Proce-
dures, as set out in Annex A.
1. The Parties shall co-operate with each other to verify the authenticity and the correctness of the
information given in the certificates of origin.
2. For the purpose of implementing the provisions of paragraph 1, the customs administration of the
importing Party shall return the certificate of origin, or a copy of the document, to the certifying authority of
the exporting Party, giving the reason for the enquiry. Any document and/or information obtained suggest-
ing that the information given on the certificate of origin is incorrect shall be forwarded in support of the
request for verification.
3. The verification shall be carried out by the certifying authority of the exporting Party.
GENERAL EXEMPTION NO. 96 1410
2. In case of reasonable doubt about the authenticity of Certificate of Origin, the Customs authority of
the importing country may seek a clarification from the certifying authority of the exporting country, which
will furnish the same within a period of 30 days. Meanwhile, the subject consignment will be allowed entry
into the importing country on a provisional basis against a bond or a guarantee i.e. a legally binding under-
taking as may be required. After examining the information so provided by the certifying authority, the
Customs Authority in the importing country would take appropriate action to finalise the provisional assess-
ment.
3. Where the clarification carried on in above paragraph 2 is not conclusive, the importing Party may,
upon informing the exporting Party and with the knowledge of the importer concerned and with the consent
of the exporter or manufacturer concerned, visit the exporter or manufacturer concerned for the purpose of
verifying the preference claim. If no consent is given by the exporter or manufacturer concerned within a
period of 45 days, the importing party may disallow the tariff preference for the particular Certificate of
Origin.
These rules may be reviewed as and when necessary upon the request of either Party and may be
modified by mutual agreement pursuant to Article 16.7 of the agreement on Comprehensive Economic Co-
operation Agreement between Republic of India and Republic of Singapore.
ANNEX A
For the purposes of implementing the Rules of Origin, the following operational procedures on the issuance
and verification of the Certificate of Origin and other related administrative matters, shall be followed:
(i) AUTHORITIES
RULE 1
The Certificate of Origin (Attachment 1) shall be issued by the government authority designated by
the exporting Party and notified to the other Party.
RULE 2
(a) Each Party shall inform the other Party of the names and addresses of the government officials
issuing this Certificate of Origin and shall provide specimen signatures and official seals used by
the government officials.
(b) Any change in names, addresses, or official seals shall be promptly notified to the other Party.
GENERAL EXEMPTION NO. 96 1411
RULE 3
For the purpose of verifying the conditions for preferential treatment, the government authority
designated to issue the Certificate of Origin (hereinafter referred to as Issuing Authority) shall have the right
to call for any supporting documentary evidence or to carry out any check considered appropriate.
(ii) APPLICATIONS
RULE 4
The manufacturer and/or exporter of the products qualified for preferential treatment shall apply in writing
to the relevant Issuing Authority requesting for the pre-exportation verification of the origin of the products.
The result of the verification, subject to review periodically or whenever appropriate, shall be accepted as
the supporting evidence in verifying the origin of the said products to be exported thereafter. The pre-
exportation verification may not apply to products, the origin of which can be easily verified, by their
nature.
RULE 5
At the time of carrying out the formalities for exporting the products under preferential treatment, the
exporter or his authorized representative shall submit a written application for the Certificate of Origin
together with appropriate supporting documents proving that the products to be exported qualify for the
issuance of a Certificate of Origin.
RULE 6
The Issuing Authority shall, to the best of its competence and ability, carry out proper examination upon
each application for the Certificate of Origin to ensure that:
(a) The application and the Certificate of Origin are duly completed and signed by the authorised
signatory;
(b) The origin of the product is in conformity with the Rules of Origin of this Agreement;
(c) The other statements of the Certificate of Origin correspond to supporting documentary evidence
submitted; and
(d) Description, quantity and weight of goods, marks and number of packages, number and kinds of
packages, as specified, conform to the consignment to be exported.
RULE 7
(a) The validity of the Certificate of Origin shall be 12 months from the date of its issuance.
(b) The Certificate of Origin must be on ISO A4 size paper in conformity to the specimen shown in
Appendix 1. It shall be made in English.
GENERAL EXEMPTION NO. 96 1412
(c) The Certificate of Origin shall comprise one original and three (3) carbon copies of the following
colours:
(d) Each Certificate of Origin shall bear a reference number given separately by each place or office of
issuance.
(e) The original copy, together with the triplicate, shall be forwarded by the exporter to the importer for
submission of the original copy to the Customs Authority at the port or place of importation. The
duplicate shall be retained by the issuing authority in the exporting Party. The triplicate shall be
retained by the importer and the quadruplicate shall be retained by the exporter.
RULE 8
To implement the provisions of Rule 3, Rule 4 and Rule 5 of ‘Rules of Origin’ the Certificate of Origin
issued by the exporting Party shall indicate the applicable Rules of Origin and the local value-added content,
where applicable, in Box 8 of the Certificate of Origin.
RULE 9
Neither erasures nor superimpositions shall be allowed on the Certificate of Origin. Any alteration shall be
made by striking out the erroneous materials and making any addition required. Such alterations shall be
approved by an official authorised to sign the Certificate of Origin and certified by the Issuing Authority.
Unused spaces shall be crossed out to prevent any subsequent addition.
RULE 10
(a) The Certificate of Origin shall be issued by the relevant Issuing Authority of the exporting Party at
the time of exportation, or within 3 working days from the date of shipment whenever the products
to be exported can be considered originating in that Party within the meaning of the Rules of Origin.
(b) In exceptional cases where a Certificate of Origin has not been issued at the time of exportation or
within 3 working days from the date of shipment due to involuntary errors or omissions or other
valid causes, the Certificate of Origin may be issued retroactively but no longer than one year from
the date of shipment, bearing the word “ISSUED RETROACTIVELY”
RULE 11
In the event of theft, loss or destruction of a Certificate of Origin, the exporter may apply in writing to the
Issuing Authority which issued it for the certified true copy of the original and the triplicate to be made on
the basis of the export documents in their possession bearing the endorsement of the word “CERTIFIED
TRUE COPY” (in lieu of the Original Certificate) in Box 12 of the Certificate of Origin. This copy shall
bear the date of the original Certificate of Origin. The certified true copy of a Certificate of Origin shall be
GENERAL EXEMPTION NO. 96 1413
issued within the validity period of the original Certificate of Origin and on condition that the exporter
provides to the Issuing Authority the quadruplicate mentioned in Rule 7.
(v) PRESENTATION
RULE 12
The Original Certificate of Origin shall be submitted to the Customs Authority at the time of lodging the
import entry for the products concerned.
RULE 13
The following time limit for the presentation of the Certificate of Origin shall be observed:
(a) Certificate of Origin shall be submitted to the Customs Authority of the importing Party within its
validity period;
(b) Where the Certificate of Origin is submitted to the Customs Authority of the importing Party after
the expiration of the validity of the Certificate of Origin, such Certificate is still to be accepted when
failure to observe the time-limit results from force majeure or other valid causes beyond the control
of the exporter; and
(c) In all cases, the relevant government authority in the importing Party may accept such Certificate of
Origin provided that the products have been imported before the expiration of the validity of the
Certificate of Origin.
RULE 14
The discovery of minor discrepancies between the statements made in the Certificate of Origin and those
made in the documents submitted to the Customs Authority of the importing Party for the purpose of carry-
ing out the formalities for importing the products shall not ipso-facto invalidate the Certificate of Origin, if
it does in fact correspond to the said products.
RULE 15
(a) The importing Party may request a retroactive check at random and/or when it has reasonable
doubt as to the authenticity of the document or as to the accuracy of the information regarding the
true origin of the products in question or of certain parts thereof.
(b) The request shall be accompanied with the Certificate of Origin concerned and shall specify the
reasons and any additional information suggesting that the particulars given on the said Certificate
of Origin may be inaccurate, unless the retroactive check is requested on a random basis.
(c) The Customs Authority of the importing Party may suspend the provisions on preferential treatment
while awaiting the result of verification. However, it may release the products to the importer sub-
ject to any administrative measures deemed necessary, provided that they are not held to be subject
to import prohibition or restriction and there is no suspicion of fraud.
(d) The Issuing Authority receiving a request for retroactive check shall respond within three months
after the receipt of the request.
GENERAL EXEMPTION NO. 96 1414
RULE 16
(a) The application for Certificates of Origin and all documents related to such application shall be
retained by the Issuing Authority for not less than two years from the date of issuance.
(b) Information relating to the validity of the Certificate of Origin shall be furnished upon request of the
importing Party.
(c) Any information communicated among the government authorities shall be treated as confidential
and shall be used for the validation of Certificates of Origin purposes only.
RULE 17
When destination of all or parts of the products exported to specified port is changed, before or after
their arrival in the importing Party, the following Rules shall be observed.
(a) If the products have already been submitted to the Customs Authority in the specified importing
port, the Certificate of Origin shall, by a written application of the importer, be endorsed to this
effect for all or parts of products by the said authority and the original returned to the importer.
(b) If a change of destination occurs during transportation to the importing Party as specified in the
Certificate of Origin, the exporter shall apply in writing, accompanied with the issued Certificate of
Origin, for the issuance of new Certificate/s of Origin for all or parts of products.
RULE 18
For the purpose of implementing paragraph (b) of Rule 15 of ‘Rules of Origin’ where transportation is
effected through the territory of one or more non-parties, the following shall be produced to the government
authorities of the importing Party:
RULE 19
(a) Products sent from one Party for exhibition in the other Party and sold during or after the exhibition,
for importation into the other Party shall benefit from the preferential tariff treatment provided in
this Agreement, on the condition that the products meet the requirements of the ‘Rules of Origin’
and provided it is shown to the satisfaction of the relevant government authorities of the importing
Party that:
(i) An exporter has dispatched those products from the territory of the exporting Party to the importing
Party where the exhibition is held and has exhibited them there;
(ii) The exporter has sold the goods or transferred them to a consignee in the importing Party; and
(iii) The products have been sold during the exhibition or immediately thereafter to the importing Party
in the condition in which they were sent for the exhibition.
GENERAL EXEMPTION NO. 96 1415
(b) For the purpose of implementing the above provisions, the Certificate of Origin must be produced
to the relevant government authorities of the importing Party. The name and address of the exhibi-
tion must be indicated, a certificate issued by the relevant government authority of the Party where
the exhibition took place together with supporting documents prescribed in paragraph (d) of Rule
18 may be required.
(c) Paragraph (a) shall apply to any exhibitions, fairs or similar shows or displays where the products
remain under Customs control during these events.
RULE 20
(a) When it is suspected that fraudulent acts in connection with the Certificate of Origin have been com-
mitted, the Issuing Authorities concerned shall co-operate in the action to be taken in the territory of
each Party against the persons involved.
(b) Each Party shall be responsible for providing legal sanctions for fraudulent acts related to the Certifi-
cate of Origin.
RULE 21
In the case of a dispute concerning origin determination, classification of products or other matters,
the government authorities concerned in the importing and exporting Parties shall consult each other with a
view to resolving the dispute.
ANNEX B
PRODUCT SPECIFIC RULES
2. 1804 Cocoa butter, fat and oil. Local value added content is at least
40 percent based on direct method or
not more than 60 percent based on
indirect method
3. 1805 Cocoa powder, not containing added Local value added content is at least
sugar or other sweetening matter. 40 percent based on direct method or
not more than 60 percent based on
indirect method
4. Chapter 21 Miscellaneous edible preparations
1. 2 3.
seasonings; mustard flour and
meal and prepared mustard
6. 2103 10 - Soya sauce Production from materials other than
those of heading 2103
8. ex 2106 90 - Other
11. - - Betel nut product known as Local value added content is at least
“Supari” 40 percent based on direct method or
not more than 60 percent based on
indirect method, and provided such
product does not contain non-origi-
nating sugar of heading 1701 or 1702
12. - - Sugar syrups containing added Local value added content is at least
flavouring or colouring matter, not 40 percent based on direct method
elsewhere specified or included; or not more than 60 percent based
lactose syrup; glucose syrup and on indirect method, and provided
malto dextrine syrup such product does not contain non-
originating sugar of heading 1701 or
1702
1. 2 3.
14. - - Other Local value added content is at least
40 percent based on direct method or
not more than 60 percent based on in-
direct method, and provided such prod-
uct does not contain non-originating
sugar of heading 1701 or 1702
20. 2903 51 - Halogenated derivatives of cyclanic, Production from materials other than
cyclenic or cycloterpenic those of heading 2903
1,2,3,4,5,6-Hexachlorocyclohexane
hydrocarbons:
21. 2903 59 - Halogenated derivatives of cyclanic, Production from materials other than
cyclenic or cycloterpenic those of heading 2903 hydrocarbons:
Other
22. 2903 61 - Halogenated derivatives of aromatic Production from materials other than
hydrocarbons: Chlorobenzene, those of heading 2903
o-dichlorobenzene & p-dichlorobenzene
1. 2 3.
25. - - DDT (Dichloro-diphenyl- Production from materials other
trichloroethane): Other than those of heading 2903
29. 2905 13 - Saturated monohydric alcohols: Local value added content is at least
Butan-1-ol (n-butyl alcohol) 40 percent based on direct method or
not more than 60 percent based on
indirect method
30. ex 2905 16 - Saturated monohydric alcohols:
Octanol (octyl alcohol) and isomers
thereof
33. 2906 11 - Cyclanic, cyclenic or cycloterpenic: Production from materials other than
Menthol those of heading 2906
1. 2 3.
37. 2907 23 - 4,4 -isopropylidenediphenol Production from materials other than
(bis-phenol A, diphenylolpropane) those of subheading 2907 23
& its salts
39. 2912 13 - Butanal (butyraldehyde normal Production from materials other than
isomer) those of heading 2912
40. 2913 Halogenated, sulphonated, nitrated or Production from materials other than
nitrosated derivatives of products of those of heading 2913
heading 29.12.
1. 2 3.
their anhydrides, halides, peroxides
and peroxy acids; their halogenated,
sulphonated, nitrated or nitrosated
derivatives
50. 2917 12 - Acyclic polycarboxylic acids, Production from materials other than
their anhydrides, halides, peroxides, those of heading 2917
peroxyacids and their derivatives:
Adipic acid its salts & esters
54. 2921 11 - Methylamine, di- or trimethylamine Local value added content is at least
& their salts 40 percent based on direct method or
not more than 60 percent based on
indirect method
55. 2921 12 - Diethylamine & its salts Local value added content is at least
40 percent based on direct method or
not more than 60 percent based on
indirect method
56. 2921 19 - Other acyclic monoamines & their Local value added content is at least
derivatives salts thereof 40 percent based on direct method or
not more than 60 percent based on
indirect method
GENERAL EXEMPTION NO. 96 1421
1. 2 3.
57. 2921 21 - Acyclic polyamines and their Local value added content is at least
derivatives; salts thereof: 40 percent based on direct method
Ethylenediamines & its salts or not more than 60 percent based on
indirect method
58. 2921 22 - Acyclic polyamines and Local value added content is at least
their derivatives; salts thereof: 40 percent based on direct method
Hexamethylenediamine & its salts or not more than 60 percent based on
indirect method
59. 2921 29 - Acyclic polyamines and their Local value added content is at least
derivatives; salts thereof: Other 40 percent based on direct method or
not more than 60 percent based on
indirect method
60. 2929 Compounds with other nitrogen
function.
1. 2 3.
69. 2933 61 - Compounds containing an unfused Local value added content is at least
triazine ring (whether or not hydro- 40 percent based on direct method
genated) in the structure: Melamine or not more than 60 percent based on
indirect method
73. - - Electroplating salts; water treatment Production from materials other than
chemicals; ion xchanger; correcting those of heading 3824
fluid; precipitated silica and silica gel;
oil well chemical:
76. 3912 39 - Cellulose ethers: other Production from materials other than
those of heading 3912
1. 2 3.
serviettes, napkins for babies,
tampons, bed sheets and similar
household, sanitary or hospital articles,
articles of apparel and clothing accessories,
of paper pulp, paper, cellulose wadding
or webs of cellulose fibres
79. 4818 40 - Sanitary towels and tampons, napkins Production from materials other
and napkin liners for babies and than those of heading 4818
similar sanitary articles
82. 4901 10 - In single sheets, whether or not Local value added content is at least
folded 40 percent based on direct method or
not more than 60 per cent based on
indirect method
83. 4901 99 - Other: Other Local value added content is at least
40 percent based on direct method or
not more than 60 per cent based on
indirect method
84. 4902 Newspapers, journals and periodicals,
whether or not illustrated or containing
advertising material.
88. - - Hard copy (printed) of computer Production from materials other than
software those of heading 4911
GENERAL EXEMPTION NO. 96 1424
1. 2 3.
89. Chapter 84 Nuclear reactors, boilers,
machinery and mechanical
appliances; parts thereof
94. - - Gas compressors: Of a kind used Production from materials other than
in air-conditioning equipment those of subheading 8414 80, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
1. 2 3.
98. 8419 Machinery, plant or laboratory
equipment, whether or not electrically
heated (excluding furnaces, ovens
and other equipment of heading 85.14),
for the treatment of materials by a
process involving a change of
temperature such as heating, cooking,
roasting, distilling, rectifying, sterilising,
pasteurising, steaming, drying,
evaporating, vaporising, condensing
or cooling, other than machinery or
plant of a kind used for domestic
purposes; instantaneous or storage
water heaters, non-electric
99. 8419 32 - Dryers: for wood paper pulp Production from materials other than
paper or paperboard those of subheading 8419 32, and pro-
vided there is a local value added con-
tent of at least 40 percent based on di-
rect method or not more than 60 per-
cent based on indirect method
100.8419 60 - Machinery for liquefying air or Production from materials other than
other gases those of subheading 8419 60, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
101.ex 8419 89 - Other machinery, plant and
equipment: Other:
1. 2 3.
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
105. - - Plant growth chambers and rooms Production from materials other than
and tissue culture chambers and those of subheading 8419 89, and
rooms with temperature, humidity provided there is a local value added
or light control content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
106. - - Apparatus for rapid heating of Production from materials other than
semiconductor devices; apparatus those of subheading 8419 89, and
for chemical or physical vapour provided there is a local value added
deposition on semi-conductors content of at least 40 percent based
wafers; apparatus for chemical on direct method or not more than
vapour deposition LCD substratus 60 percent based on indirect method
107. - - Vacuum vapour plant for Production from materials other than
deposition of metals‘ those of subheading 8419 89, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
108. - - Others Production from materials other than
those of subheading 8419 89, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
109.8421 Centrifuges, including centrifugal dryers;
filtering or purifying machinery and
apparatus for liquids or gases
110.8421 21 - Filtering or purifying machinery and Production from materials other than
apparatus for liquids: those of subheading 8421 21, and
For filtering or purifying water provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
111. 8421 22 - Filtering or purifying machinery and Production from materials other than
apparatus for liquids: For filtering or those of subheading 8421 22, and
purifying beverages other than water provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
112. 8424 Mechanical appliances (whether or not
hand operated) for projecting, dispersing
GENERAL EXEMPTION NO. 96 1427
1. 2 3.
or spraying liquids or powders; fire
extinguishers, whether or not charged;
spray guns and similar appliances; steam
or sand blasting machines and similar jet
projecting machines
113. 8424 89 - Other appliances: Other Production from materials other than
those of subheading 8424 89, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
114. 8456 Machine tools for working any material by
removal of material, by laser or other light
or photon beam, ultrasonic, electro-discharge,
electro-chemical, electron beam, ionic-beam
or plasma arc processes
115. 8456 10 - Operated by laser or other light or Local value added content is at least
photon beam processes 40 percent based on direct method or
not more than 60 percent based on
indirect method
116. 8456 20 - Operated by ultrasonic processes Local value added content is at least
40 percent based on direct method or
not more than 60 percent based on
indirect method
117. 8456 30 - Operated by electro discharge processes Local value added content is at least
40 percent based on direct method or
not more than 60 percent based on
indirect method
120. 8457 20 - Unit construction machines Local value added content is at least
(single station) 40 percent based on direct method or
not more than 60 percent based on
indirect method
GENERAL EXEMPTION NO. 96 1428
1. 2 3.
121. 8457 30 - Multi-station transfer machines Local value added content is at least
40 percent based on direct method or
not more than 60 percent based on
indirect method
122. 8458 Lathes (including turning centres) for
removing metal.
123. 8458 19 - Horizontal lathes: Other Local value added content is at least
40 percent based on direct method or
not more than 60 percent based on
indirect method
124. 8458 91 - Other lathes: numerically controlled Local value added content is at least
40 percent based on direct method or
not more than 60 percent based on
indirect method
125. 8458 99 - Other lathes: other Local value added content is at least
40 percent based on direct method or
not more than 60 percent based on
indirect method
126. 8459 Machine tools (including way-type unit Local value added content is at least
head machines) for drilling, boring, milling, 40 percent based on direct method
threading or tapping by removing metal, or not more than 60 percent based
other than lathes (including turning centres) on indirect method
of heading 8458
1. 2 3.
130. 8462 Machine tools (including presses) for
working metal by forging, hammering or
die-stamping; machine tools (including
presses) for working metal by bending,
folding, straightening, flattening, shearing,
punching or notching; presses for working
metal or metal carbides, not specified above
131. 8462 29 - Bending folding straightening or Local value added content is at least
flatteningmachines (including presses): 40 percent based on direct method or
Other not more than 60 percent based on
indirect method
132. 8463 Other machine tools for working metal or
cermets, without removing material.
133. 8463 30 - Machines for working wire Local value added content is at least
40 percent based on direct method or
not more than 60 percent based on
indirect method
134. 8464 Machine tools for working stone, ceramics,
concrete, asbestos-cement or like mineral
materials or for cold working glass
1. 2 3.
142. 8471 10 - Analogue or hybrid automatic data Production from materials other than
processing machines those of subheading 8471 10
143. 8471 30 - Portable digital automatic data Production from materials other than
processing machines weighing not more those of subheading 8471 30
than 10 kg, consisting of at least a
central processing unit, a keyboard and
a display
148. 8471 50 - Digital processing units other than Production from materials other than
those of sub-headings 8471 41 or those of subheading 8471 50
8471 49, whether or not containing in
the same housing one or two of the
following types of unit: storage units,
input units, output units
GENERAL EXEMPTION NO. 96 1431
1. 2 3.
149. 8471 60 - Input or output units, whether or not Production from materials other than
containing storage units in the same those of heading 8471
housing
150. 8471 70 - Storage units Production from materials other than
those of heading 8471
151. 8471 80 - Other units of automatic data processing Production from materials other than
machines those of heading 8471
153. 8472 Other office machines (for example, Local value added content is at least
hectograph or stencil duplicating machines, 40 percent based on direct method
addressing machines, automatic banknote or not more than 60 percent based
dispensers, coin sorting machines, coin on indirect method
counting or wrapping machines, pencil-
sharpening machines, perforating or
stapling machines)
155. 8473 30 - Parts and accessories of the machines Production from materials other than
of heading 8471 those of heading 8473
157. 8477 40 - Vacuum moulding machines and other Production from materials other than
thermoforming machines those of subheading 8477 40, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
158. 8479 Machines and mechanical appliances
having individual functions, not specified or
included elsewhere in this Chapter
159. 8479 40 - Rope or cable-making machines Production from materials other than
those of subheading 8479 40, and
GENERAL EXEMPTION NO. 96 1432
1. 2 3.
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
160. 8479 50 - Industrial robots not elsewhere specified Local value added content is at least
or included 40 percent based on direct method or
not more than 60 percent based on
indirect method
161. 8479 60 - Evaporative air coolers Production from materials other than
those of subheading 8479 60, and
provided there is a local value added
content of at least 40 percent based on
direct method or not more than 60 per-
cent based on indirect method
162. 8479 81 - Other machines and mechanical Production from materials other than
appliances: For treating metal, including those of subheading 8479 81, and
electric wire coil-winders provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
163. 8479 89 - Other machines & mechanical Production from materials other than
appliances: Other those of subheading 8479 89, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
164. Chapter 85 Electrical machinery and equipment
and parts thereof; sound recorders and
reproducers, television image and sound
recorders and reproducers, and parts
and accessories of such articles
1. 2 3.
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
170. - - Battery chargers Production from materials other than
those of subheading 8504 40, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
171. - - Voltage regulator and stabilizers Production from materials other than
(other than automatic) those of subheading 8504 40, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
172. - - Other Production from materials other than
those of subheading 8504 40, and
provided there is a local value added
content of at least 40 percent based on
direct method or not more than 60 per-
cent based on indirect method
173. 8504 50 - Other inductors Production from materials other than
those of subheading 8504 50, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
174.8507 Electric accumulators, including separators
therefor, whether or not rectangular
(including square).
175. 8507 20 - Other lead-acid accumulators Production from materials other than
those of subheading 8507 20, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
176.8507 30 - Nickel-cadmium Production from materials other than
those of subheading 8507 30, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
177.8507 40 - Nickel-iron Production from materials other than
those of subheading 8507 40, and
GENERAL EXEMPTION NO. 96 1434
1. 2 3.
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
178.8507 80 - Other accumulators Production from materials other than
those of subheading 8507 80, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
179. ex 8507 90 - Parts:
180. - - Accumulator cases made of hard Production from materials other than
rubber and separators those of subheading 8507 90, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
181. 8509 Electromechanical domestic appliances,
with self-contained electric motor.
182. 8509 10 - Vacuum cleaners , including dry and Production from materials other than
wet vacuum cleaners those of subheading 8509 10, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
183. 8509 20 - Floor polishers Production from materials other than
those of subheading 8509 20, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
184.8509 30 - Kitchen waste disposers Production from materials other than
those of subheading 8509 30, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
185. 8509 40 - Food grinders mixers; fruit or vegetable Production from materials other than
juice extractors those of subheading 8509 40, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
GENERAL EXEMPTION NO. 96 1435
1. 2 3.
186. 8509 80 - Other appliances Production from materials other than
those of subheading 8509 80, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
187. 8510 Shavers, hair clippers and hair-removing
appliances, with self-contained electric
motor.
192. 8514 20 - Furnaces and ovens functioning by Production from materials other than
induction or dielectric loss those of subheading 8514 20, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
193. 8514 30 - Other furnaces and ovens Production from materials other than
those of subheading 8514 30, and
provided there is a local value added
content of at least 40 percent based
GENERAL EXEMPTION NO. 96 1436
1. 2 3.
on direct method or not more than 60
percent based on indirect method
194. 8514 40 - Other equipment for the heat treatment Production from materials other than
of materials by induction or dielectric those of subheading 8514 40, and
loss provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
195. 8516 Electric instantaneous or storage water
heaters and immersion heaters; electric
space heating apparatus and soil heating
apparatus; electrothermic hair-dressing
apparatus (for example, hair dryers, hair
curlers, curling tong heaters) and hand
dryers; electric smoothing irons; other
electro-thermic appliances of a kind
used for domestic purposes; electric
heating resistors, other than those of
heading 8545.
196. 8516 40 - Electric smoothing irons Production from materials other than
those of subheading 8516 40, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
197. 8517 Electrical apparatus for line telephony or
line telegraphy, including line telephone
sets with cordless handsets and
telecommunication apparatus for
carrier-current line systems or for digital
line systems; videophones
198. 8517 11 - Telephone sets; videophones: Line Production from materials other than
telephone sets with cordless handsets those of subheading 8517 11
199. 8517 21 - Facsimile machines and teleprinters: Production from materials other than
Facsimile machines those of subheading 8517 21
200. 8517 30 - Telephonic or telegraphic switching Production from materials other than
apparatus those of subheading 8517 30
201. 8517 50 - Other apparatus for carrier-current line Production from materials other than
systems or for digital line systems those of subheading 8517 50
202. 8517 80 - Other apparatus Production from materials other than
those of subheading 8517 80
203. 8517 90 - Parts:
GENERAL EXEMPTION NO. 96 1437
1. 2 3.
204. - - Populated, loaded or stuffed printed Production from materials other than
circuit boards those of subheading 8517 90
205. - - Other Production from materials other than
those of heading 8517
206. 8521 Video recording or reproducing apparatus,
whether or not incorporating a video tuner.
209. - - Video duplicating system with Production from materials other than
master and slave control those of heading 8521
210. 8523 Prepared unrecorded media for sound Production from materials other than
recording or similar recording of other those of heading 8523
phenomena, other than products of
Chapter 37
216. 8525 20 - Transmission apparatus incorporating Production from materials other than
reception apparatus: those of heading 8525
1. 2 3.
218. 8525 40 - Still image video cameras and other Production from materials other than
video camera recorders; digital cameras those of heading 8525
222. - - VHF omni range equipment Production from materials other than
those of heading 8526
224. 8528 21 - Video monitors: Colour Production from materials other than
those of heading 8528
226. 8531 20 - Indicator panels with liquid crystal Production from materials other than
devices (LCD) or light emitting diodes those of subheading 8531 20
(LED)
228. 8532 10 - Fixed capacitors designed for use in Production from materials other than
50 or 60 Hz circuits and having a those of subheading 8532 10
reactive power handling capacity of
not less than 0.5 kvar (power capacitors)
229.8532 21 - Other fixed capacitors: tantalum Production from materials other than
those of subheading 8532 21
230. 8532 22 - Other fixed capacitors: aluminium Production from materials other than
electrolytic those of subheading 8532 22
GENERAL EXEMPTION NO. 96 1439
1. 2 3.
231. 8532 23 - Other fixed capacitors: ceramic Production from materials other than
dielectric single layer those of subheading 8532 23
232.853224 - Other fixed capacitors: ceramic Production from materials other than
dielectric multilayer those of subheading 8532 24
233.8532 25 - Other fixed capacitors: dielectric of Production from materials other than
paper or plastics those of subheading 8532 25
234. 8532 29 - Other fixed capacitors: other Production from materials other than
those of subheading 853229
235. 8532 30 - Variable or adjustable (preset) capacitors Production from materials other than
those of subheading 8532 30
236. 8532 90 - Parts of capacitors Production from materials other than
those of heading 8532
238. 8533 10 - Fixed carbon resistors, composition or Production from materials other than
film types those of subheading 8533 10
239. 8533 21 - Other fixed resistors: for a power Production from materials other than
handling capacity not exceeding 20 W those of subheading 8533 21
240. 8533 29 - Other fixed resistors: Other Production from materials other than
those of subheading 8533 29
241. 8533 31 - Wire-wound variable resistors, including Production from materials other than
rheostats and potentiometers: for a those of subheading 8533 31
power handling capacity not exceeding
20 W
242. 8533 39 - Wire-wound variable resistors including Production from materials other than
rheostats and potentiometers: Other those of subheading 8533 39
243. 8533 40 - Other variable resistors, including Production from materials other than
rheostats and potentiometers those of subheading 8533 40
244. 8533 90 - Parts Production from materials other than
those of subheading 8533 90
245. 8534 Printed circuits. Production from materials other than
those of heading 8534
1. 2 3.
247. 8536 69 - Lamp-holders, plugs and sockets: Production from materials other than
Other those of heading 8536
249. 8539 49 - Ultra-violet or infra-red lamps; Production from materials other than
arc-lamps : those of subheading 8539 49, and
Other provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
250. 8541 Diodes, transistors and similar semi-
conductor devices; photosensitive semi-
conductor devices, including photovoltaic
cells whether or not assembled in
modules or made up into panels; light
emitting diodes; mounted piezo-electric
crystals
251. 8541 10 - Diodes, other than photosensitive or Production from materials other than
light emitting diodes those of subheading 8541 10
252. 8541 21 - Transistors other than photosensitive Production from materials other than
transistors: With a dissipation rate of those of subheading 8541 21
less than 1 W
253. 8541 29 - Transistors other than photosensitive Production from materials other than
transistors: Other those of subheading 8541 29
254. 8541 30 - Thyristors, diacs and triacs, other than Production from materials other than
photosensitive devices those of subheading 8541 30
255.8541 40 - Photosensitive semiconductor devices, Production from materials other than
including photovoltaic cells whether or those of subheading 8541 40
not assembled in modules or made up into
panels; light emitting diodes
256. 8541 50 - Other semi-conductor devices Production from materials other than
those of subheading 8541 50
257. 8541 60 - Mounted piezo-electric crystals Production from materials other than
those of subheading 8541 60
258. 8542 Electronic integrated circuits and micro-
assemblies.
259. 8542 10 - Cards incorporating an electronic Production from materials other than
integrated circuit (smart card) those of subheading 8542 10
GENERAL EXEMPTION NO. 96 1441
1. 2 3.
260. 8542 21 - Monolithic integrated circuits: digital Production from materials other than
those of subheading 8542 21
261. 854229 - Monolithic integrated circuits: Other Production from materials other than
those of subheading 8542 29
262. 8542 60 - Hybrid integrated circuits Production from materials other than
those of subheading 8542 60
263. 8542 70 - Electronic microassemblies Production from materials other than
those of subheading 8542 70
264. 8543 Electrical machines and apparatus,
having individual functions, not specified
or included elsewhere in this Chapter
265. 8543 11 - Particle accelerators: Ion implanters for Production from materials other than
doping semiconductor materials those of subheading 8543 11
266. 8543 30 - Machines and apparatus for Production from materials other than
electroplating electrolysis or those of subheading 8543 30, and
electrophoresis provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
267. 8543 81 - Other machines and apparatus: Production from materials other than
Proximity cards and tags those of subheading 8543 81
268. 8543 89 - Other machines and apparatus: Other Production from materials other than
those of subheading 8543 89, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
269. Chapter 86 Railway or tramway locomotives, rolling
stock and parts thereof; railway or
tramway track fixtures and fittings
and parts thereof; mechanical (including
electro-mechanical) traffic signalling
equipment of all kinds
271. 8607 29 - Brakes and parts thereof :Other Production from materials other than
those of heading 8607
272. 8607 30 - Hooks & other coupling devices, Production from materials other than
buffers and parts thereof those of heading 8607
GENERAL EXEMPTION NO. 96 1442
1. 2 3.
273. 8607 91 - Other: of locomotives Production from materials other than
those of heading 8607
275. - - Parts of coach work of railway Production from materials other than
running stock those of heading 8607
276. - - Hydraulic shock absorbers for bogies Production from materials other than
those of heading 8607
278. 8608 Railway or tramway track fixtures and Production from materials other than
fittings; mechanical (including electro- those of heading 8608
mechanical) signalling, safety or traffic
control equipment for railway, tramways,
roads, inland waterways, parking facilities,
port installation or air-fields; parts of the
foregoing
281. 9007 91 - Parts and accessories: for cameras Production from materials other than
those of heading 9007
282. 9007 92 - Parts and accessories: for projectors Production from materials other than
those of heading 9007
284. 9008 30 - Other image projectors Production from materials other than
those of subheading 9008 30, and
provided there is a local value added
GENERAL EXEMPTION NO. 96 1443
1. 2 3.
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
285. 9009 Photocopying apparatus incorporating an
optical system or of the contact type and
thermo-copying apparatus
286. 9009 11 - Electrostatic photocopying apparatus: Production from materials other than
Operating by reproducing the original those of subheading 9009 11, and
image directly onto the copy (direct provided there is a local value added
process) content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
287.9009 21 - Other Photocopying apparatus: Production from materials other than
Incorporating an optical system hose of subheading 9009 21, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
288. 9010 Apparatus and equipment for photographic
(including cinematographic) laboratories
(including apparatus for the projection or
drawing of circuit patterns on sensitised
semiconductor materials), not specified
or included elsewhere in this Chapter;
negatoscopes; projection screens
289. 9010 41 - Apparatus for the projection or drawing Production from materials other than
of circuit patterns on sensitised semi- those of subheading 9010 41
conductor materials: Direct write-on-
wafer apparatus
290. 9010 42 - Apparatus for the projection or drawing Production from materials other than
of circuit patterns on sensitised semi- those of subheading 9010 42
conductor materials: Step and repeat
aligners
291. 9010 49 - Apparatus for the projection or drawing Production from materials other than
of circuit patterns on sensitised semi- those of subheading 9010 49, and
conductor materials: Other provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
292. 9010 90 - Parts and accessories Production from materials other than
those of heading 9010
GENERAL EXEMPTION NO. 96 1444
1. 2 3.
293. 9011 Compound optical microscopes, Local value added content is at least
including those for photomicro-graphy, 40 percent based on direct method
cinephotomicrography or microprojection or not more than 60 percent based on
indirect method
296. - - Electron microscopes fitted with Production from materials other than
equipment specifically designed for those of subheading 9012 10
the handling and transport of semi-
conductor wafers or reticles
298. 9012 90 - Parts and accessories Local value added content is at least
40 percent based on direct method or
not more than 60 percent based on
indirect method
300. 9013 80 - Other devices, appliances and Local value added content is at least
instruments: 40 percent based on direct method or
not more than 60 percent based on in-
direct method
301. ex 9013 90 - Parts and accessories:
302. - - For liquid crystal devices (LCD) Production from materials other than
those of heading 9013
1. 2 3.
not more than 60 percent based on
indirect method
304. 9017 Drawing, marking-out or mathematical
calculating instruments (for example,
drafting machines, pantographs,
protractors, drawing sets, slide rules, disc
calculators); instruments for measuring
length, for use in the hand (for example,
measuring rods and tapes, micrometers,
callipers), not specified or included
elsewhere in this chapter
305. 9017 20 - Other drawing marking-out or Production from materials other than
mathematical calculating instruments those of subheading 9017 20, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
306. 9018 Instruments and appliances used in medical,
surgical, dental or veterinary sciences,
including scientigraphic apparatus, other
electromedical apparatus and sight-testing
instruments
307. 9018 11 - Electro-diagnostic apparatus (including Production from materials other than
apparatus for functional exploratory those of heading 9018
examinations or for checking physiological
parameters):Electrocardiographs
311. - - Surgical tools: bone saws, drills, Production from materials other than
trephines those of heading 9018
312. - - Surgical tools: knives, scissors and Production from materials other than
blades those of heading 9018
313. - - Surgical tools: Forceps, forcep Production from materials other than
clamps, clips, needles holders, those of heading 9018
GENERAL EXEMPTION NO. 96 1446
1. 2 3.
introducers, cephalotribe bone holding
and other holding instruments
314. - - Surgical tools: Chisel, gauges, elevators Production from materials other than
raspatones, osteotome, craniotome, those of heading 9018
bone cutters
315. - - Surgical tools: retractors, spatula probes, Production from materials other than
hooks dialators, sounds, mallets those of heading 9018
317. - - Renal dialysis equipment, blood Production from materials other than
transfusion apparatus and those of heading 9018
haemofiltration instruments: Renal
dialysis equipment (artificial kidneys,
kidney machines and dialysers)
318. - - Renal dialysis equipment, blood Production from materials other than
transfusion apparatus and those of heading 9018
haemofiltration instruments:
Blood transfusion apparatus
319. - - Renal dialysis equipment, blood Production from materials other than
transfusion apparatus and those of heading 9018
haemofiltration instruments:
Haemofiltration instrument
320. - - Anesthetic apparatus and instruments, Production from materials other than
ENT precision instruments, acupuncture those of heading 9018
apparatus, and endoscopes: Anaesthetic
apparatus and instruments
321. - - Anesthetic apparatus and instruments, Production from materials other than
ENT precision instruments, acupuncture those of heading 9018
apparatus, and endoscopes: ENT
precision instruments
322. - - Anesthetic apparatus and instruments, Production from materials other than
ENT precision instruments, acupuncture those of heading 9018
apparatus, and endoscopes: Acupuncture
apparatus
GENERAL EXEMPTION NO. 96 1447
1. 2 3.
323. - - Anesthetic apparatus and instruments, Production from materials other than
ENT precision instruments, acupuncture those of heading 9018
apparatus, and endoscopes: Endoscopes
324. - - Other: Hilerial and venous shunt Production from materials other than
those of heading 9018
330. - - Other: Apparatus for nerve Production from materials other than
stimulation those of heading 9018
332. 9020 Other breathing appliances and gas Production from materials other than
masks, excluding protective masks having those of heading 9020
neither mechanical parts nor replaceable
filters
334. 9021 50 - Pacemakers for stimulating heart Production from materials other than
muscles excluding parts and accessories those of heading 9021
GENERAL EXEMPTION NO. 96 1448
1. 2 3.
335. 9022 Apparatus based on the use of X-rays or of
alpha, beta or gamma radiations, whether
or not for medical, surgical, dental or
veterinary uses, including radiography or
radiotherapyu apparatus, X-ray tubes and
other X-ray generators, high tension
generators, control panels and desks, screens,
examination or treatment tables, chairs and
the like
336. 9022 12 - Apparatus based on the use of X-rays, Production from materials other than
whether or not for medical, surgical, those of subheading 9022 12, and
dental or veterinary uses, including provided there is a local value added
radiography or radiotherapy apparatus: content of at least 40 percent based
Computed tomography apparatus on direct method or not more than 60
1. 2 3.
for medical,surgical, dental or veterinary provided there is a local value added
uses, including radiography or content of at least 40 percent based
radiotherapy apparatus: for other uses on direct method or not more than 60
percent based on indirect method
343. 9024 10 - Machines & appliances for testing Production from materials other than
metals those of subheading 9024 10, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
344. 9024 80 - Other machines and appliances: Production from materials other than
those of subheading 9024 80, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
345. 9025 Hydrometers and similar floating
instruments, thermometers, pyrometers,
barometers, hygrometers and psychrometers,
recording or not, and any combination
of these instruments
1. 2 3.
349. 9026 Instruments and apparatus for measuring
or checking the flow, level, pressure or other
variables of liquids or gases (for example,
flow meters, level gauges, manometers,
heat meters), excluding instruments and
apparatus of heading 9014, 9015, 9028
or 9032
350. 9026 10 - For measuring or checking the flow or Production from materials other than
level of liquids those of subheading 9026 10, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
351. 9026 20 - For measuring or checking pressure Production from materials other than
those of subheading 9026 20, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
352. 9026 80 - Other instruments and apparatus Production from materials other than
those of subheading 9026 80, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
353. 9026 90 - Parts and accessories Production from materials other than
those of subheading 9026 90, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
354. 9027 Instruments and apparatus for physical
or chemical analysis (for example,
polarimeters, refractometers, spectrometers,
gas or smoke analysis apparatus); instruments
and apparatus for measuring or checking
viscosity, porosity, expansion, surface
tension or the like; instruments and
apparatus for measuring or checking
quantities of heat, sound or light (including
exposure meters); microtomes
355. 9027 10 - Gas or smoke analysis apparatus Production from materials other than
those of subheading 9027 10, and
GENERAL EXEMPTION NO. 96 1451
1. 2 3.
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
356. 9027 20 - Chromatographs and electrophoresis Production from materials other than
instruments those of subheading 9027 20, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
357. 9027 30 - Spectrometers spectrophotometers & Production from materials other than
spectrographs using optical radiations those of subheading 9027 30, and
(UV, visible, IR) provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
358. 9027 50 - Other instruments & apparatus using Production from materials other than
optical radiations (UV, visible, IR) those of subheading 9027 50, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
359. ex 9027 90 - Microtomes; parts and accessories:
360. - - Printed circuit assemblies for the Production from materials other than
goods of sub-heading 9027 80 those of heading 9027
362. 9029 10 - Revolution counters, production counters Production from materials other than
taximeters mileometers pedometers & those of subheading 9029 10, and
the like provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
363. ex 9029 20 - Speed indicators and tachometers;
stroboscopes
1. 2 3.
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
365. - - Stroboscopes Production from materials other than
those of subheading 9029 20, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
366. - - Other Production from materials other than
those of subheading 9029 20, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
367. 9029 90 - Parts and accessories Production from materials other than
those of subheading 9029 90, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
368. 9030 Oscilloscopes, spectrum analysers and
other instruments and apparatus for
measuring or checking electrical quantities,
excluding meters of heading of 9028;
instruments and apparatus for measuring
or detecting alpha, beta, gamma, X-ray,
cosmic or other ionising radiations.
369. 9030 40 - Other instruments and apparatus, Production from materials other than
specially designed for telecommunica- those of subheading 9030 40
tions (for example, cross-talk meters,
gain measuring instruments, distortion
factor meters, psophometers)
370. 903082 - Other instruments and apparatus: For Production from materials other than
measuring or checking semiconductor those of subheading 9030 82
wafers or devices
1. 2 3.
on direct method or not more than 60
percent based on indirect method
373. 9031 Measuring or checking instruments,
appliances and machines, not specified or
included elsewhere in this Chapter;
profile projectors
374. 9031 41 - Other optical instruments and appliances: Production from materials other than
for inspecting semiconductor wafers those of subheading 9031 41
devices or for inspecting photo-masks
or reticles used in manufacturing semi-
conductor devices
377. - - For refrigerating and air-conditioning Production from materials other than
appliances and machinery those of subheading 9032 10, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
378. 9032 81 - Other instruments and apparatus: Production from materials other than
hydraulic or pneumatic those of subheading 9032 81, and
provided there is a local value added
content of at least 40 percent based
on direct method or not more than 60
percent based on indirect method
379. ex 9032 89 - Other instruments and apparatus: other
ATTACHMENT 1
Original (Duplicate/Triplicate/Quadruplicate)
OVERLEAF NOTES
1. India and Singapore will accept this form for the purpose of preferential treatment under the INDIA-
SINGAPORE Comprehensive Economic Co-operation Agreement.
2. CONDITIONS: The main conditions for admission to the preferential treatment under the INDIA-
SINGAPORE Comprehensive Economic Co-operation Agreement are that goods sent to the Parties:
(i) must fall within a description of products eligible for concessions in the country of destination;
(ii) must comply with the consignment conditions that the goods must be consigned directly from
exporting Party to the importing Party but transport that involves passing through one or more
intermediate countries, is also accepted provided that any intermediate transit, transshipment or
temporary storage arises only for geographic reasons or transportation requirements; and
(iii) must comply with the origin criteria given in the next paragraph.
3. ORIGIN CRITERIA: For exports to be eligible for preferential treatment, the requirement is that
either:
(i) The products wholly obtained as defined in Article 3.3 of the Chapter on Rules of Origin;
(ii) The products not wholly produced or obtained in the exporting Party as defined in Article 3.4 of
the Chapter on Rules of Origin;
(iii) Products which comply with origin requirements provided for in Article 3.2 of the Chapter on
Rules of Origin and which are used in the other Party as inputs for a finished product eligible for
preferential treatment shall be considered as a product originating in the other Party provided
the finished product in the other Party meets the requirements defined in Article 3.4 of the
Chapter on Rules of Origin; or
(iv) Products which satisfy the Product Specific Rules provided for in Annex 3A of the Chapter on
Rules of Origin shall be considered as goods to which sufficient transformation has been car-
ried out in a Party.
If the goods qualify under the above criteria, the exporter must indicate in Box 8 of this form the
origin criteria on the basis of which he claims that his goods qualify for preferential treatment, in the
manner shown in the following table:
Circumstances of production or manufacture Insert in Box 8
in the first country named in Box 11 of this form
(a) Products wholly produced in the country “X”
of exportation (see paragraph 3 (i) above)
(b) Products worked upon but not wholly Percentage of single country
pro duced in the exporting Party content, example 40%
which were produced in conformity with the
provisions of paragraph 3 (ii) above
(c) Products worked upon but not wholly Percentage of ISCECA
produced in the exporting Party which were cumulative content, example
produced in conformity with the 40%
provisions of paragraph 3 (iii) above
(d) Products satisfied the Product “Product Specific Rules”
Specific Rules as defined in Article 3.4(b)
of the Chapter on Rules of Origin
GENERAL EXEMPTION NO. 96 1456
4. EACH ARTICLE MUST QUALIFY: It should be noted that all the products in a consignment must
qualify separately in their own right. This is of particular relevance when similar articles of different
sizes or spare parts are sent.
5. DESCRIPTION OF PRODUCTS: The description of products must be sufficiently detailed to enable
the products to be identified by the Customs Officers examining them. Name of manufacturer, any
trade mark shall also be specified.
6. The Harmonised System number shall be that of the importing Party.
7. The term “Exporter” in Box 11 may include the manufacturer or the producer.
8. FOR OFFICIAL USE: The Customs Authority of the importing Party must indicate (Ö) in the relevant
boxes in column 4 whether or not preferential treatment is accorded.
GENERAL EXEMPTION NO. 97 1457
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods of the description as specified in column (3) of the Table appended hereto and falling under
the Heading, Sub-heading or Tariff Item of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) as
specified in the corresponding entry in column (2) of the said Table, when imported into India from the
Republic of Chile, from so much of that portion of the applied rate of duty of customs leviable thereon as is
specified in the corresponding entry in column (4) of the said Table:
Provided that the importer proves to the satisfaction of the Deputy Commissioner of Customs or
Assistant Commissioner of Customs, as the case may be, that the goods in respect of which the benefit of this
exemption is claimed are of the origin of the Republic of Chile, in accordance with provisions of the Determi-
nation of Origin of Goods under the Preferential Trading Agreement between the Republic of India and the
Republic of Chile Rules, 2007, published in the notification of the Government of India in the Ministry of
Finance (Department of Revenue), No.84/2007-Customs (N.T.), dated the 17th August, 2007.
Explanation. - For the purposes of this notification, “applied rate of duty” means the standard rate of duty
specified in the First Schedule to the said Customs Tariff Act, 1975 in respect of the goods specified in the
said Table, read with any other notification for the time being in force, issued in respect of such goods under
sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962).
Table
S.No. Heading, Description Extent of tariffconcessions
Subheading (percentage of the applied
orTariff rate of duty)
Item
(1) (2) (3) (4)
1. 01019090 All Goods 50%
2. 02032100 All Goods 50%
3. 02032200 All Goods 50%
4. 02032900 All Goods 50%
5. 02043000 All Goods 50%
6. 02044200 Hams, shoulders and cuts thereof, with bone in 50%
7. 02044300 All Goods 50%
8. 02062100 All Goods 50%
9. 02062200 All Goods 50%
10. 02062900 All Goods 50%
11. 02064100 All Goods 50%
12. 02064900 All Goods 50%
13. 02071400 All Goods 25%
14. 02072500 All Goods 50%
15. 02072700 All Goods 50%
16. 02101100 All Goods 50%
17. 02101200 Bellies and cuts thereof 50%
18. 02101900 All Goods 50%
19. 02102000 All Goods 50%
20. 02109900 All Goods 50%
21. 03021100 All Goods 20%
GENERAL EXEMPTION NO. 97 1458
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52
of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts all goods imported from Antarctica into India from the whole of the duty of customs leviable thereon
which is specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) and from the whole of
the additional duties leviable thereon under section 3 of the said Customs Tariff Act , provided that a certifi-
cate from an officer not below the rank of a Deputy Secretary in the Department of Ocean Development in
the Ministry of Earth Sciences is produced in each case by the importer to the jurisdictional Assistant Com-
missioner or Deputy Commissioner of Customs at the time of importation, to the effect that such goods have
been used for or are related to the Indian Antarctic Expedition or the Indian Polar Science Programme.
GENERAL EXEMPTION NO. 100 1479
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods, namely, -
(i) in the case of hotel or stand alone restaurant or golf resort having catering facility, capital goods
including spares, office equipment, professional equipment, office furniture, consumables, related to its ser-
vice sector business and food items and alcoholic beverages but excluding other products classifiable in
Chapters 1 to 24 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) and items not permitted
to be imported in terms of Appendix 37B of the Hand Book of Procedures, volume I;
(ii) in the case of service provider other than hotel or stand alone restaurant or golf resort having cater-
ing facility, capital goods including spares, office equipment, professional equipment, office furniture and
consumables, related to its service sector business, but excluding the items not permitted to be imported in
terms of Appendix 37B of the Hand Book of Procedure ,volume I,
(iii) in the case of service provider who is also engaged in manufacturing activity, capital goods including
spares related to its manufacturing sector business, but excluding the items not permitted to be imported in
terms of Appendix 37B of the Hand Book of Procedure, volume I,
when imported into India against a Served From India Scheme scrip (hereinafter referred to as the said scrip)
issued under paragraph 3.12 of the Foreign Trade Policy, from,
(1) the whole of the duty of customs leviable thereon under the First Schedule to the said
Customs Tariff Act, 1975(51 of 1975); and
(2) Exemption under this notification shall not be available for import of vehicles even if such
vehicles are freely importable under the Foreign Trade Policy. However, the vehicles which
are in the nature of professional equipment (and are not personal vehicles) for use by the
service provider in his regular service business shall be permitted.
For this purpose, motor cars, sports utility vehicles and all purpose vehicles for the service provider
hotels, travel agents, tour operators or tour transport operators and companies owning or operating golf
resorts shall not be regarded as personal vehicles subject to the condition that the customs authority endorses
the bill of entry at the time of clearance specifying that the vehicle shall be registered as vehicle for “tourist
purpose only” and the vehicle is so regis-tered and a copy of the registration certificate to that effect is
submitted to the concerned Customs authority as a confirmation of import of vehicle within six months from
the date of import and the said vehicle is used for tourist purpose only.
i. that the said scrip has been issued to a service provider by the Regional Authority and it is
produced before the proper officer of customs at the time of clearance for debit of the duties
leviable on the goods, but for this exemption:
(ia) that in the case of capital goods including spares covered at sub-paragraph (iii) above the
GENERAL EXEMPTION NO. 100 1480
manufacturing sector business of the service provider has been endorsed by the Regional
Authority on the said scrip during the period of validity of the said scrip and upon such
endorsement, the validity of the said scrip remains unchanged
ii. that the said scrip and goods imported against it shall not be transferred or sold:
Provided that, except in case of goods covered at sub-paragraph (iii) above, transfer of
goods or said scrip may be allowed subject to actualuser condition within the group company
or managed hotels as defined in paragraph9.28and paragraph 9.35 respectively of the For-
eign Trade Policy, as the case may be.
(iia) that the capital goods including spares covered at sub-paragraph (iii) above shall be subject
to actual user condition and the importer at the time of clearance of the said goods shall
furnish an undertaking to this effect to the Deputy Commissioner of Customs or Assistant
Commissioner of Customs, as the case may be, that in case of non compliance of the said
condition, he shall pay on demand an amount equal to the duty leviable, but for the exemption
contained herein together with interest at the rate of fifteen percent per annum from the date
of clearance of the said materials
iii. that in respect of capital goods, office equipment and professional equipment a certificate
from Deputy Commissioner of Customs or Assistant Commissioner of Customs having
jurisdiction over importer's factory or premises or an independent Chartered Engineer, as
the case may be, is produced confirming installation and use of the goods in the importer's
factory or premises, within six months from the date of imports or within such extended
period as the Deputy Commissioner of Customs or Assistant Commissioner of Customs
at the port of registration of the said scrip, as the case may be, may allow;
iv. that the imports and exports are undertaken through seaports at Bedi (including Rozi-Jamnagar),
Chennai, Cochin, Dahej, Dhamra, Dharamtar, Dighi, Haldia (Haldia Dock Complex of Kolkata
Port), Hazira (Surat), Kakinada, Kandla, Kattupalli (Tamil Nadu), Kolkata, Krishnapatnam,
Ennore (Tamil Nadu) and Karaikal (Union territory of Puducherry) Magdalla, Mangalore,
Marmagoa, Muldwarka, Mumbai, Mundhra,Nagapattinam, Nhava Sheva, Okha, Paradeep,
Pipavav, Porbander, Sikka, Tuticorin, Visakhapatnam and Vadinar or through any of the
airports at Ahmedabad, Bangalore, Bhubaneswar, Calicut, Chennai, Cochin, Coimbatore,
Dabolim (Goa), Delhi, Hyderabad, Indore, Jaipur, Kolkata, Lucknow (Amausi), Mumbai,
Nagpur, Rajasansi (Amritsar), Srinagar, Trivandrum , Varanasi and Visakhapatnamor through
any of the Inland Container Depots at Agra, Ahmedabad, Anaparthy (Andhra Pradesh),
Babarpur, Bangalore, Bhadohi, Bhatinda, Bhilwara, Bhiwadi, Bhusawal, Chheharata
(Amritsar), Coimbatore, Dadri, Dappar (Dera Bassi), Daulatabad (Wanjarwadi and Maliwada),
Delhi, Dighi (Pune), Durgapur (Export Promotion Industrial Park), Faridabad, Garhi Harsaru,
Gauhati, Marripalem Village in Taluk of Edlapadu, District Guntur and Tondiarpet (TNPM),
Chennai and Irungattukottai, SIPCOT IndustrialPark, Kattrambakkam Village, Sriperumbudur
Taluk, Kanchipuram District, Tamil Nadu and Melapakkam Village (Arakkonam Taluk, Vellore
District), Hosur (Tamil Nadu), NattakkamVillage (Kottayam Taluk and District),
Kalinganagar and Tumb Village (Taluka Umbergaon, District Valsad), Hyderabad, Jaipur,
Jallandhar, Jamshedpur, Jodhpur, Kanpur, Karur, Kota, Kundli, Loni (District Ghaziabad),
Ludhiana, Madurai, Malanpur, Mandideep (District Raisen), Miraj, Moradabad, Nagpur,
GENERAL EXEMPTION NO. 100 1481
Provided that the Commissioner of Customs may with in the jurisdiction, by special
order, or by a Public Notice, and subject to such conditions as may be specified by him,
permits import and export from any other seaport or airport or inland container depot or
through any land customs station.
2. Exemption under this notification shall not be available for import of vehicles even if such vehicles
are freely importable under the Foreign Trade Policy. However, the vehicles which are in the nature of
professional equipment (and are not personal vehicles) for use by the service provider in his regular service
business shall be permitted.
(a) the whole of the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act,
1975 (51 of 1975); and
(b) the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3 of
the said Customs Tariff Act, subject to the following conditions, namely :-
i. that the benefit under this notification shall be available only in respect of duty credit scrip
issued against exports of the products notified in Appendix 37-D of the Handbook of Proce-
dures, Vol.I of the Foreign Trade Policy;
ii. that the said scrip is produced before the proper officer of customs at the time of clearance
for debit of the duties leviable on the goods and the proper officer of customs taking into
account the debits already made under this exemption and debits made under the notification
No. 29 of 2012-Central Excise, dated the 9th July, 2012 and 7 of 2013- Service Tax, dt. the
18 th April, 2013 shall debit the duties leviable on the goods, but for this exemption
iii. that the said scrip and goods imported against it shall be freely transferable ;
iv. that the imports and exports are undertaken through seaports at Bedi (including Rozi-Jamnagar),
Chennai, Cochin, Dahej, Dhamra, Dharamtar, Dighi,Haldia (Haldia Dock Complex of Kolkata
Port), Hazira (Surat), Kakinada, Kandla, Kattupalli (Tamil Nadu), Kolkata, Krishnapatnam,
Ennore (Tamil Nadu) and Karaikal (Union territory of Puducherry) Magdalla, Mangalore,
Marmagoa, Muldwarka, Mumbai, Mundhra,Nagapattinam, Nhava Sheva, Okha, Paradeep,
Pipavav, Porbander, Sikka, Tuticorin, Visakhapatnam and Vadinar or through any of the air-
ports at Ahmedabad, Bangalore, Bhubaneswar, Calicut, Chennai, Cochin, Coimbatore, Dabolim
(Goa), Delhi, Hyderabad, Indore, Jaipur, Kolkata, Lucknow (Amausi), Mumbai, Nagpur,
Rajasansi (Amritsar), Srinagar, Trivandrum , Varanasi and Visakhapatnam or through any of
the Inland Container Depots at Agra, Ahmedabad, Anaparthy (Andhra Pradesh), Babarpur,
Bangalore, Bhadohi, Bhatinda, Bhilwara, Bhiwadi, Bhusawal, Chheharata (Amritsar),
Coimbatore, Dadri, Dappar (Dera Bassi), Daulatabad (Wanjarwadi and Maliwada), Delhi,
Dighi (Pune), Durgapur (Export Promotion Industrial Park), Faridabad, Garhi Harsaru, Gauhati,
Marripalem Village in Taluk of Edlapadu, District Guntur and Tondiarpet (TNPM), Chennai
and Irungattukottai, SIPCOT IndustrialPark, Kattrambakkam Village, Sriperumbudur Taluk,
Kanchipuram District, Tamil Nadu and Melapakkam Village (Arakkonam Taluk, Vellore Dis-
trict), Hosur (Tamil Nadu), NattakkamVillage (Kottayam Taluk and District), Kalinganagar
GENERAL EXEMPTION NO. 101 1483
and Tumb Village (Taluka Umbergaon, District Valsad), Hyderabad, Jaipur, Jallandhar,
Jamshedpur, Jodhpur, Kanpur, Karur, Kota, Kundli, Loni (District Ghaziabad), Ludhiana,
Madurai, Malanpur, Mandideep (District Raisen), Miraj, Moradabad, Nagpur, Nasik, Pimpri
(Pune), Pitampur (Indore), Pondicherry, Raipur, Rewari, Rudrapur(Nainital), Salem, Singanalur,
Surat, Surajpur, Tirupur, Tuticorin, Udaipur, Vadodara, Varanasi, , Waluj (Aurangabad) Talegoan
(District Pune), Dhannad Rau (District Indore), Kheda (Pithampur, District Dhar) and Patli
(Gurgaon) or through the Land Customs Station at Agartala, Amritsar Rail Cargo, Attari
Road, Changrabandha, Dawki, Ghojadanga, Hilli, Jogbani, Mahadipur, Nepalganj Road,
Nautanva (Sonauli), Petrapole, Ranaghat, Raxaul, Singhabad and Sutarkhandi or a Special
Economic Zone notified under section 4 of the Special Economic Zones Act, 2005 (28 of
2005):
Provided that the Commissioner of Customs may with in the jurisdiction, by special
order, or by a Public Notice, and subject to such conditions as may be specified by him,
permits import and export from any other seaport/airport/inland container depot or through
any land customs station;
Provided further that the exports may also be undertaken through the Foreign Post
Office at New Delhi.
v. that where the importer does not claim exemption from the additional duty of customs levi-
able under sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff Act, he shall
be deemed not to have availed the exemption from the said duty for the purpose of calcula-
tion of the said additional duty of customs;
vi. that the importer shall be entitled to avail of the drawback or CENVAT credit of additional
duty leviable under sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff Act
against the amount debited in the said scrip;
vii. that the benefits under this notification shall not be available to the items listed in Appendix
37B of the Hand Book of Procedures ,volume I.
2. The following categories of exports specified in paragraph 3.17.2 of the Foreign Trade Policy shall
not be counted for calculation of export performance or for computation of entitlement under the scheme:
i. EOUs / EHTPs / BTPs who are availing direct tax benefits / exemption;
ii. Export of imported goods covered under Para 2.35 of FTP;
iii. Exports through transshipment, meaning thereby that exports originating in
third country but transshippedthrough India;
iv. Deemed Exports;
v. Exports made by SEZ units or SEZ products exported through DTA units; and
vi. Items, which are restricted or prohibited for export under Schedule-2 of Export
Policy in ITC (HS).
Explanation:- In this notification-
(i) “Capital goods” has the same meaning as assigned to it in paragraph 9.12 of
the Foreign Trade Policy;
(ii) “Foreign Trade Policy” means the Foreign Trade Policy 2009-2014, published
by the Government of India in the Ministry of Commerce and Industry vide notification No.1 /2009-2014,
dated the 27th August, 2009 as amended from time to time;
(iii) “Goods” means any inputs, or goods including capital goods.
GENERAL EXEMPTION NO. 102 1484
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods when imported into India against a duty credit scrip issued under the Focus Market Scheme
in accordance with paragraph 3.14 of the Foreign Trade Policy (hereinafter referred to as the said scrip)
from,-
(a) the whole of the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act,
1975 (51 of 1975); and
(b) the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3 of
the said Customs Tariff Act,
subject to the following conditions, namely :-
i. that the benefit under this notification shall be available only in respect of duty credit scrip
issued against exports to the countries notified in Appendix 37-C of the Handbook of Proce-
dures, Volume I of the Foreign Trade Policy;
(a) in the opening paragraph, in condition (i), for the words and figure “Volume I of the Foreign
Trade Policy”, the words and figures “ Volume I in terms of entitlement under paragraph 3.
14.2 or against exports to the countries or regions specified in paragraphs 3.14.4(e) or 3.14.5(e)
of the Foreign Trade Policy, as the case may be
ii. that the said scrip is produced before the proper officer of customs at the time of clearance
for debit of the duties leviable on the goods and the proper officer of customs taking into
account the debits already made under this exemption and debits made under the notification
No. 30 of 2012-Central Excise, dated the 9th July, 2012 and 6 of 2013- Service Tax, dt. the
18 th April, 2013thshall debit the duties leviable on the goods, but for this exemption
iii. that the said scrip and goods imported against it shall be freely transferable ;
iv. that the imports and exports are undertaken through seaports at Bedi (including Rozi-Jamnagar),
Chennai, Cochin, Dahej, Dhamra, Dharamtar, Dighi, Haldia (Haldia Dock Complex of Kolkata
Port), Hazira (Surat), Kakinada, Kandla, Kattupalli (Tamil Nadu),Kolkata, Krishnapatnam,
Ennore (Tamil Nadu) and Karaikal (Union territory of Puducherry) Magdalla, Mangalore,
Marmagoa, Muldwarka, Mumbai, Mundhra,Nagapattinam, Nhava Sheva, Okha, Paradeep,
Pipavav, Porbander, Sikka, Tuticorin, Visakhapatnam and Vadinar or through any of the
airports at Ahmedabad, Bangalore, Bhubaneswar, Calicut, Chennai, Cochin, Coimbatore,
Dabolim (Goa), Delhi, Hyderabad, Indore, Jaipur, Kolkata, Lucknow (Amausi), Mumbai,
Nagpur, Rajasansi (Amritsar), Srinagar, Trivandrum , Varanasi and Visakhapatnam or through
any of the Inland Container Depots at Agra, Ahmedabad, Anaparthy (Andhra Pradesh),
Babarpur, Bangalore, Bhadohi, Bhatinda, Bhilwara, Bhiwadi, Bhusawal, Chheharata
(Amritsar), Coimbatore, Dadri, Dappar (Dera Bassi), Daulatabad (Wanjarwadi and Maliwada),
Delhi, Dighi (Pune), Durgapur (Export Promotion Industrial Park), Faridabad, Garhi Harsaru,
GENERAL EXEMPTION NO. 102 1485
Gauhati, Marripalem Village in Taluk of Edlapadu, District Guntur and Tondiarpet (TNPM),
Chennai and Irungattukottai, SIPCOT IndustrialPark, Kattrambakkam Village, Sriperumbudur
Taluk, Kanchipuram District, Tamil Nadu and Melapakkam Village (Arakkonam Taluk, Vellore
District), Hosur (Tamil Nadu), NattakkamVillage (Kottayam Taluk and District),
Kalinganagar and Tumb Village (Taluka Umbergaon, District Valsad), Hyderabad, Jaipur,
Jallandhar, Jamshedpur, Jodhpur, Kanpur, Karur, Kota, Kundli, Loni (District Ghaziabad),
Ludhiana, Madurai, Malanpur, Mandideep (District Raisen), Miraj, Moradabad, Nagpur, Nasik,
Pimpri (Pune), Pitampur (Indore), Pondicherry, Raipur, Rewari, Rudrapur (Nainital), Salem,
Singanalur, Surat, Surajpur, Tirupur, Tuticorin, Udaipur, Vadodara, Varanasi, Waluj
(Aurangabad) Talegoan (District Pune), Dhannad Rau (District Indore), Kheda (Pithampur,
District Dhar) and Patli (Gurgaon) or through the Land Customs Station at Agartala, Amritsar
Rail Cargo, Attari Road, Changrabandha, Dawki, Ghojadanga, Hilli, Jogbani, Mahadipur,
Nepalganj Road, Nautanva (Sonauli), Petrapole, Ranaghat, Raxaul, Singhabad and Sutarkhandi
or a Special Economic Zone notified under section 4 of the Special Economic Zones Act,
2005 (28 of 2005):
Provided that the Commissioner of Customs may with in the jurisdiction , by special
order, or by a Public Notice, and subject to such conditions as may be specified by him,
permits import and export from any other seaport/airport/inland container depot or through
any land customs station;
Provided further that the exports may also be undertaken through the Foreign Post
Office at New Delhi
v. that where the importer does not claim exemption from the additional duty of customs levi-
able under sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff Act, he shall
be deemed not to have availed the exemption from the said duty for the purpose of calcula-
tion of the said additional duty of customs;
vi. that the importer shall be entitled to avail of the drawback or CENVAT credit of additional
duty leviable under sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff Act
against the amount debited in the said scrip;
vii. that the benefits under this notification shall not be available to the items listed in Appendix
37B of the Hand Book of Procedures , Volume I.
2. The following categories of exports specified in paragraph 3.17.2 and 3.14.3 of the Foreign Trade
Policy shall not be counted for calculation of export performance or for computation of entitlement under
paragraph 3.14.2 of the Foreign Trade Policy:
i. EOUs / EHTPs / BTPs who are availing direct tax benefits / exemption;
ii. Export of imported goods covered under Para 2.35 of FTP;
iii. Exports through transshipment, meaning thereby that exports originating in third
country but transshipped through India;
iv. Deemed Exports;
v. Exports made by SEZ units or SEZ products exported through DTA units;
vi. Items, which are restricted or prohibited for export under Schedule-2 of Export
GENERAL EXEMPTION NO. 102 1486
3. For the purpose of calculation of export performance or for computation of entitlement under
paragraph 3.14.4 or paragraph 3.14.5 of the Foreign Trade Policy, the incremental growth shall be in respect
of each exporter [Importer Exporter Code (IEC) holder] without any scope of combining the export for group
company or for transferring export performance from any other IEC holder and the incremental growth shall
be in terms of freely convertible currency to the designated markets. The following categories of exports shall
not be counted for calculation of export performance or for computation of entitlements :
(i) Export of imported goods or exports made through trans - shipment;
(ii) Export from SEZ/ EOU /EHTP /STPI /BTP/FTWZ;
(iii) Deemed Exports;
(iv) Service Exports;
(v) Third Party exports;
(vi) Diamond, Gold, Silver, Platinum, other precious metal in any form including plain and studded jewellery and
other precious and semi - precious stones;
(vii) Ores and concentrates of all types and in all formations.
(viii) Cereals of all types;
(ix) Sugar of all types and all forms;
(x) Crude/petroleum oil and crude/primary and base products of all types and all formulations;
(xi) Export of milk and milk products;
(xii) Export performance made by one exporter on behalf of other exporter;
(xiii) Supplies made to SEZ units;
(xiv) Items, export of which requires an export authorisation (except SCOMET);
(xv) Export of Meat and Meat Products;
(xvi) Exports to Singapore, UAE and Hong Kong,
(xvii) SEZ/EOU/EHTP/BTP/FTWZ products exported through DTA units
(xviii) Cotton (for the paragraph 3.14.5 of the Foreign Trade Policy);
(xix) Omitted;
(xx) Export which are subject to Minimum Export Price or Export Duty (for the paragraph 3.14.5
of the Foreign Trade Policy).
Explanation,- In this notification,-
GENERAL EXEMPTION NO. 102 1487
(i) “Capital goods” has the same meaning as assigned to it in paragraph 9.12 of the Foreign
Trade Policy;
(ii) “Foreign Trade Policy” means the Foreign Trade Policy 2009-2014, published by the Gov-
ernment of India in the Ministry of Commerce and Industry vide notification No.1 /2009-
2014, dated the 27th August, 2009, as amended from time to time:
(iii) “Goods” means any inputs, or goods including capital goods.
GENERAL EXEMPTION NO. 103 1488
(a) from the whole of the duty of customs leviable thereon under the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975); and
(b) from the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section
3 of the said Customs Tariff Act, 1975(51 of 1975),
subject to the following conditions, namely,-
i. that the said scrip has been issued to an exporter of products specified in paragraph 3.13.4 of
the Foreign Trade Policy by the Licensing Authority or Regional Authority and it is produced
before the proper officer of customs at the time of clearance for debit of the duties leviable
on the goods and the proper officer of customs taking into account the debits already made
under this exemption and the notification No. 31 of 2012-Central Excise, dated the 9th July,
2012, shall debit the duties leviable on the goods, but for this exemption
ii. that the scrip shall be non-transferable and the capital goods allowed for import shall be in
accordance with the provisions of paragraph 3.13.4 of the Foreign Trade Policy:
Provided that the scrip shall be freely transferable amongst status holders for import of Cold
Chain equipments, and
Provided further that the scrip shall be freely transferable for import of cold chain equipment
by units (the terms units shall not include developers) in a Park recognized by the Ministry of
Food Processing Industries.
Provided also that the said scrip shall be transferable by the status holder, to whom it was
issued, to its supporting manufacturer, who is neither a status holder nor has a unit (the term
unit shall not include developer) in a Park recognised by the Ministry of Food Processing
Industries, if such transfer is endorsed by the Regional Authority during the period of validity
of the said scrip and upon such endorsement, the validity of the said scrip remains un-
changed.
iii. that the capital goods imported under para 3.13.4 of the Foreign Trade Policy shall be subject
to actual user condition and the importer at the time of clearance of the said capital goods,
shall furnish an undertaking to this effect to the Deputy Commissioner of Customs or Assis-
tant Commissioner of Customs, as the case may be, that in case of non compliance of the
GENERAL EXEMPTION NO. 103 1489
said condition, he shall pay on demand an amount equal to the duty leviable, but for the
exemption contained herein together with interest at the rate of fifteen percent per annum
from the date of clearance of the said materials:
iv. that the imports and exports are undertaken through seaports at Bedi (including Rozi-Jamnagar),
Chennai, Cochin, Dahej, Dhamra, Dharamtar, Dighi, Haldia (Haldia Dock Complex of Kolkata
Port), Hazira (Surat), Kakinada, Kandla, Kattupalli (Tamil Nadu),Kolkata, Krishnapatnam,
Ennore (Tamil Nadu) and Karaikal (Union territory of Puducherry) Magdalla, Mangalore,
Marmagoa, Muldwarka, Mumbai, Mundhra,Nagapattinam, Nhava Sheva, Okha, Paradeep,
Pipavav, Porbander, Sikka, Tuticorin, Visakhapatnam and Vadinar or through any of the
airports at Ahmedabad, Bangalore, Bhubaneswar, Calicut, Chennai, Cochin, Coimbatore,
Dabolim (Goa), Delhi, Hyderabad, Indore, Jaipur, Kolkata, Lucknow (Amausi), Mumbai,
Nagpur, Rajasansi (Amritsar), Srinagar, Trivandrum , Varanasi and Visakhapatnam or through
any of the Inland Container Depots at Agra, Ahmedabad, Anaparthy (Andhra Pradesh),
Babarpur, Bangalore, Bhadohi, Bhatinda, Bhilwara, Bhiwadi, Bhusawal, Chheharata
(Amritsar), Coimbatore, Dadri, Dappar (Dera Bassi), Daulatabad (Wanjarwadi and Maliwada),
Delhi, Dighi (Pune), Durgapur (Export Promotion Industrial Park), Faridabad, Garhi Harsaru,
Gauhati, Marripalem Village in Taluk of Edlapadu, District Guntur and Tondiarpet (TNPM),
Chennai and Irungattukottai, SIPCOT IndustrialPark, Kattrambakkam Village, Sriperumbudur
Taluk, Kanchipuram District, Tamil Nadu and Melapakkam Village (Arakkonam Taluk, Vellore
District), Hosur (Tamil Nadu), NattakkamVillage (Kottayam Taluk and District),
Kalinganagar and Tumb Village (Taluka Umbergaon, District Valsad), Hyderabad, Jaipur,
Jallandhar, Jamshedpur, Jodhpur, Kanpur, Karur, Kota, Kundli, Loni (District Ghaziabad),
Ludhiana, Madurai, Malanpur, Mandideep (District Raisen), Miraj, Moradabad, Nagpur, Nasik,
Pimpri (Pune), Pitampur (Indore), Pondicherry, Raipur, Rewari, Rudrapur(Nainital), Salem,
Singanalur, Surat, Surajpur, Tirupur, Tuticorin, Udaipur, Vadodara, Varanasi, , Waluj
(Aurangabad)Talegoan (District Pune), Dhannad Rau (District Indore), Kheda (Pithampur,
District Dhar) and Patli (Gurgaon) or through the Land Customs Station at Agartala, Amritsar
Rail Cargo, Attari Road, Changrabandha, Dawki, Ghojadanga, Hilli, Jogbani, Mahadipur,
Nepalganj Road, Nautanva (Sonauli), Petrapole, Ranaghat, Raxaul, Singhabad and Sutarkhandi
or a Special Economic Zone notified under section 4 of the Special Economic Zones Act,
2005 (28 of 2005):
Provided that the Commissioner of Customs may with in the jurisdiction , by special
order, or by a Public Notice, andsubject to such conditions as may be specified by him,
permits import and export from any other seaport/airport inland container depot or through
any land customs station;
Provided further that the exports may also be undertaken through the Foreign Post
Office at New Delhi
v. that the importer shall be entitled to avail of the drawback or CENVAT credit of additional
duty leviable under sub-sections (1), (3) and (5) of section 3 of the Customs Tariff Act,
1975 (51 of 1975) against the amount debited in the said scrip.
2. The following categories of exports specified in paragraph 3.17.2 of the Foreign Trade Policy shall
not be counted for calculation of export performance or for computation of entitlement under the scheme:
i. EOUs / EHTPs / BTPs who are availing direct tax benefits / exemption;
GENERAL EXEMPTION NO. 103 1490
(i) “Capital goods” has the same meaning as assigned to it in paragraph 9.12 of the Foreign Trade
Policy;
(ii) “Foreign Trade Policy” means the Foreign Trade Policy 2009-2014, published by the Government of
India in the Ministry of Commerce and Industry vide notification No.1 /2009-2014, dated the 27th August,
2009 as amended from time to time;
(iii) “Licensing Authority or Regional Authority” means the Director General of Foreign Trade appointed
under section 6 of the Foreign Trade (Development and Regulation ) Act,1992 (22 of 1992) or an officer
authorised by him to grant a licence under the said Act.
GENERAL EXEMPTION NO. 104 1491
(a) from the whole of the duty of customs leviable thereon under the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975);and
(b) from the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section
3 of the said Customs Tariff Act, 1975,
i. that the said scrip has been issued to an exporter of products specified in paragraph 3.13.2 of
the Foreign Trade Policy by the Licensing Authority or Regional Authority and it is produced
before the proper officer of customs at the time of clearance for debit of the duties leviable
on the goods and the proper officer of customs taking into account the debits already made
under this exemption and the notification No. 32 of 2012-Central Excise, dated the 9th July,
2012 and 8 of 2013- Service Tax, dt. the 18 th April, 2013shall debit the duties leviable on the
goods, but for this exemption
ii. that the items allowed for import shall be in accordance with paragraph 3.17.5 of the Foreign
Trade Policy;
iii. that the said scrip and goods imported against it shall be freely transferable ;
iv. that the imports and exports are undertaken through seaports at Bedi (including Rozi-Jamnagar),
Chennai, Cochin, Dahej, Dhamra, Dharamtar, Dighi, Haldia (Haldia Dock Complex of Kolkata
Port), Hazira (Surat), Kakinada, Kandla, Kattupalli (Tamil Nadu), Kolkata, Krishnapatnam
and Ennore (Tamil Nadu), and Karaikal (Union territory of Puducherry)Magdalla, Mangalore,
Marmagoa, Muldwarka, Mumbai, Mundhra, Nagapattinam, Nhava Sheva, Okha, Paradeep,
Pipavav, Porbander, Sikka, Tuticorin, Visakhapatnam and Vadinar or through any of the
airports at Ahmedabad, Bangalore, Bhubaneswar, Calicut, Chennai, Cochin, Coimbatore,
Dabolim (Goa), Delhi, Hyderabad, Indore, Jaipur, Kolkata, Lucknow (Amausi), Mumbai,
Nagpur, Rajasansi (Amritsar), Srinagar, Trivandrum , Varanasi and Visakhapatnam or through
any of the Inland Container Depots at Agra, Ahmedabad, Anaparthy (Andhra Pradesh),
Babarpur, Bangalore, Bhadohi, Bhatinda, Bhilwara, Bhiwadi, Bhusawal, Chheharata
(Amritsar), Coimbatore, Dadri, Dappar (Dera Bassi), Daulatabad (Wanjarwadi and Maliwada),
Delhi, Dighi (Pune), Durgapur (Export Promotion Industrial Park), Faridabad, Garhi Harsaru,
GENERAL EXEMPTION NO. 104 1492
Gauhati, Marripalem Village in Taluk of Edlapadu, District Guntur and Tondiarpet (TNPM),
Chennai and Irungattukottai, SIPCOT Industrial Park, Kattrambakkam Village, Sriperumbudur
Taluk, Kanchipuram District, Tamil Nadu and Melapakkam Village (Arakkonam Taluk, Vellore
District), Hosur (Tamil Nadu), NattakkamVillage (Kottayam Taluk and District),
Kalinganagar and Tumb Village (Taluka Umbergaon, District Valsad), Hyderabad, Jaipur,
Jallandhar, Jamshedpur, Jodhpur, Kanpur, Karur, Kota, Kundli, Loni (District Ghaziabad),
Ludhiana, Madurai, Malanpur, Mandideep (District Raisen), Miraj, Moradabad, Nagpur, Nasik,
Pimpri (Pune), Pitampur (Indore), Pondicherry, Raipur, Rewari, Rudrapur(Nainital), Salem,
Singanalur, Surat, Surajpur, Tirupur, Tuticorin, Udaipur, Vadodara, Varanasi, , Waluj
(Aurangabad) Talegoan (District Pune), Dhannad Rau (District Indore), Kheda (Pithampur,
District Dhar), Patli (Gurgaon), Irugur Village (Tamil Nadu), Thudiyalur (Tamil Nadu),
Chettipalayam (Tamil Nadu) and Veerapandi (Tamil Nadu) and Marripalem Village in Taluk
of Edlapadu, District Guntur, or through the Land Customs Station at Agartala, Amritsar Rail
Cargo, Attari Road, Changrabandha, Dawki, Ghojadanga, Hilli, Jogbani, Mahadipur, Nepalganj
Road, Nautanva (Sonauli), Petrapole, Ranaghat, Raxaul, Singhabad and Sutarkhandi or a
Special Economic Zone notified under section 4 of the Special Economic Zones Act, 2005
(28 of 2005):
Provided that the Commissioner of Customs may with in the jurisdiction , by special
order, or by a Public Notice, and subject to such conditions as may be specified by him,
permits import and export from any other seaport/airport/inland container depot or through
any land customs station;
Provided further that the exports may also be undertaken through the Foreign Post
Office at New Delhi.
v. that the importer shall be entitled to avail of the drawback or CENVAT credit of additional
duty leviable under sub-sections (1), (3) and (5) of section 3 of the Customs Tariff Act,
1975 (51 of 1975) against the amount debited in the said scrip.
2. The following categories of exports specified in paragraph 3.17.2 of the Foreign Trade Policy shall
not be counted for calculation of export performance or for computation of entitlement under the scheme:
i. EOUs / EHTPs / BTPs who are availing direct tax benefits / exemption;
ii. Export of imported goods covered under Para 2.35 of FTP;
iii. Exports through transshipment, meaning thereby that exports originating in third
country but transshipped through India;
iv. Deemed Exports;
v. Exports made by SEZ units or SEZ products exported through DTA units; and
Items, which are restricted or prohibited for export under Schedule-2 of Export Policy in
ITC (HS).
(ii) “Foreign Trade Policy” means the Foreign Trade Policy 2009-2014, published by the Government of
India in the Ministry of Commerce and Industry vide notification No.1 /2009-2014, dated the 27th August,
GENERAL EXEMPTION NO. 104 1493
(iii) “Licensing Authority or Regional Authority” means the Director General of Foreign Trade appointed
under section 6 of the Foreign Trade (Development and Regulation ) Act,1992 (22 of 1992) or an officer
authorised by him to grant a licence under the said Act.
GENERAL EXEMPTION NO. 105 1494
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts materials imported into India against an Advance Authorisation issued in terms of paragraph 4.1.3 of
the Foreign Trade Policy (hereinafter referred to as the said authorisation) from the whole of the duty of
customs leviable thereon which is specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)
and from the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3,
safeguard duty leviable thereon under Section 8B, and anti-dumping duty leviable thereon under Section
9A of the said Customs Tariff Act, subject to the following conditions, namely :-
i. that the said authorisation is produced before the proper officer of customs at the time of
clearance for debit;
(a) the name and address of the importer and the supporting manufacturer in cases
where the authorisation has been issued to a merchant exporter; and
(b) the shipping bill number(s) and date(s) and description,quantity and value of exports
of the resultant product in cases where import takes place after fulfilment of export obliga-
tion; or
(c) the description and other specifications where applicable of the imported materials
and the description,quantity and value of exports of the resultant product in cases where
import takes place before fulfilment of export obligation;
iii. that the materials imported correspond to the description and other specifications where
applicable mentioned in the authorisation and the value and quantity thereof are within the
limits specified in the said authorisation;
iv. that in respect of imports made before the discharge of export obligation, the importer at the
time of clearance of the imported materials executes a bond with such surety or security and
in such form and for such sum as may be specified by the Deputy Commissioner of Customs
or Assistant Commissioner of Customs, as the case may be, binding himself to pay on de-
mand an amount equal to the duty leviable, but for the exemption contained herein, on the
imported materials in respect of which the conditions specified in this notification are not
complied with, together with interest at the rate of fifteen percent per annum from the date
of clearance of the said materials;
GENERAL EXEMPTION NO. 105 1495
v. that in respect of imports made after the discharge of export obligation, if facility of CENVAT
Credit under CENVAT Credit Rules, 2004 has been availed, then the importer shall, at the
time of clearance of the imported materials furnish a bond to the Deputy Commissioner of
Customs or Assistant Commissioner of Customs, as the case may be, binding himself, to use
the imported materials in his factory or in the factory of his supporting manufacturer for the
manufacture of dutiable goods and to submit a certificate, from the jurisdictional Central
Excise officer or from a specified chartered accountant within six months from the date of
clearance of the said materials, that the imported materials have been so used:
Provided further that if the importer pays additional duty of customs leviable on the imported
materials but for the exemption contained herein, then the imported materials may be cleared
without furnishing a bond specified in this condition and the additional duty of customs so
paid shall be eligible for availing CENVAT Credit under the CENVAT Credit Rules, 2004;
vi. that in respect of imports made after the discharge of export obligation in full, and if facility
under rule 18 (rebate of duty paid on materials used in the manufacture of resultant product)
or sub-rule (2) of rule 19 of the Central Excise Rules, 2002 or CENVAT credit under CENVAT
Credit Rules, 2004 has not been availed and the importer furnishes proof to this effect to the
satisfaction of the Deputy Commissioner of Customs or the Assistant Commissioner of
Customs as the case may be, then the imported materials may be cleared without furnishing
a bond specified in condition (v);
vii. that the imports and exports are undertaken through seaports at Bedi (including Rozi-Jamnagar),
Chennai, Cochin, Dahej, Dhamra, Dharamtar, Dighi, Haldia (Haldia Dock Complex of Kolkata
Port), Hazira (Surat), Kakinada, Kandla, Kattupalli (Tamil Nadu), Kolkata, Krishnapatnam
and Ennore (Tamil Nadu) and Karaikal (Union territory of Puducherry) Magdalla, Mangalore,
Marmagoa, Muldwarka, Mumbai, Mundhra,Nagapattinam, Nhava Sheva, Okha, Paradeep,
Pipavav, Porbander, Sikka, Tuticorin, Visakhapatnam and Vadinar or through any of the
airports at Ahmedabad, Bangalore, Bhubaneswar, Calicut, Chennai, Cochin, Coimbatore,
Dabolim (Goa), Delhi, Hyderabad, Indore, Jaipur, Kolkata, Lucknow (Amausi), Mumbai,
Nagpur, Rajasansi (Amritsar), Srinagar, Trivandrum , Varanasi and Visakhapatnam or through
any of the Inland Container Depots at Agra, Ahmedabad, Anaparthy (Andhra Pradesh),
Babarpur, Bangalore, Bhadohi, Bhatinda, Bhilwara, Bhiwadi, Bhusawal, Chheharata
(Amritsar), Coimbatore, Dadri, Dappar (Dera Bassi), Daulatabad (Wanjarwadi and Maliwada),
Delhi, Dighi (Pune), Durgapur (Export Promotion Industrial Park), Faridabad, Garhi Harsaru,
Gauhati, Marripalem Village in Taluk of Edlapadu, District Guntur and Tondiarpet (TNPM),
Chennai and Irungattukottai, SIPCOT IndustrialPark, Kattrambakkam Village, Sriperumbudur
Taluk, Kanchipuram District, Tamil Nadu, and Melapakkam Village (Arakkonam Taluk, Vellore
District), Hosur (Tamil Nadu), NattakkamVillage (Kottayam Taluk and District),
Kalinganagar and Tumb Village (Taluka Umbergaon, District Valsad), Hyderabad, Jaipur,
Jallandhar, Jamshedpur, Jodhpur, Kanpur, Karur, Kota, Kundli, Loni (District Ghaziabad),
Ludhiana, Madurai, Malanpur, Mandideep (District Raisen), Miraj, Moradabad, Nagpur, Nasik,
Pimpri (Pune), Pitampur (Indore), Pondicherry, Raipur, Rewari, Rudrapur(Nainital), Salem,
Singanalur, Surat, Surajpur, Tirupur, Tuticorin, Udaipur, Vadodara, Varanasi,Waluj
(Aurangabad) Talegoan (District Pune), Dhannad Rau (District Indore), Kheda (Pithampur,
District Dhar),Patli (Gurgaon), Irugur Village (Tamil Nadu), Thudiyalur (Tamil Nadu),
Chettipalayam (Tamil Nadu) and Veerapandi (Tamil Nadu) (Tamil Nadu) and Marripalem
GENERAL EXEMPTION NO. 105 1496
Village in Taluk of Edlapadu, District Guntur, or through the Land Customs Station at Agartala,
Amritsar Rail Cargo, Attari Road, Changrabandha, Dawki, Ghojadanga, Hilli, Jogbani,
Mahadipur, Nepalganj Road, Nautanva (Sonauli), Petrapole, Ranaghat, Raxaul, Singhabad
and Sutarkhandi or a Special Economic Zone notified under section 4 of the Special Eco-
nomic Zones Act, 2005 (28 of 2005):
Provided that the Commissioner of Customs may with in the jurisdiction , by special order, or
by a Public Notice, and subject to such conditions as may be specified by him, permits import
and export from any other seaport/airport/inland container depot or through any land cus-
toms station;
viii. that the export obligation as specified in the said authorization (both in value and quantity
terms) is discharged within the period specified in the said authorization or within such
extended period as may be granted by the Regional Authority by exporting resultant prod-
ucts, manufactured in India which are specified in the said authorization and in respect of
which facility under rule 18(rebate of duty paid on materials used in the manufacture of
resultant product) or sub-rule (2) of rule 19 of the Central Excise Rules, 2002 has not been
availed:
Provided that an Advance Intermediate authorization holder shall discharge export obligation
by supplying the resultant products to exporter in terms of paragraph 4.1.3 (ii) of the Foreign
Trade Policy;
ix. that the importer produces evidence of discharge of export obligation to the satisfaction of
the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case
may be, within a period of sixty days of the expiry of period allowed for fulfilment of export
obligation, or within such extended period as the said Deputy Commissioner of Customs or
Assistant Commissioner of Customs, as the case may be, may allow;
x. that the said authorisation shall not be transferred and the said materials shall not be trans-
ferred or sold;
Provided that the said materials may be transferred to a job worker for processing subject to
complying with the conditions specified in the relevant goods and services tax provisions
notifications permitting transfer of materials for job work;
Provided further that, no such transfer for purposes of job work shall be effected to the units
located in areas eligible for area based exemptions from the levy of excise duty in terms of
notification Nos. 49/03-CE and 50/03-CE both dated 10th June,2003, 32/99-CE dated 8th
July,1999, 33/99-CE dated 8th July,1999, 8/04-CE dated 21stJanuary,2004, 20/07-CE dated
25th April,2007,56/02-CE dated 14th November, 2002,57/02-CE dated 14th November,2002,
71/03-CE dated 9th September,2003, 56/03-CE dated 25th June,2003 and 39/01-CE dated
31st July,2001;
GENERAL EXEMPTION NO. 105 1497
xi. that in relation to the said authorisation issued to a merchant exporter,any bond required to be
executed by the importer in terms of this notification shall be executed jointly by the mer-
chant exporter and the supporting manufacturer binding themselves jointly and severally to
comply with the conditions specified in this notification.
2. Where the materials are found defective or unfit for use, the said materials may be re-exported back
to the foreign supplier within six months from the date of clearence of the said material or such extended
period not exceeding a further period of six months as the Commissioner of Customs may allow:
Provided that at the time of re-export the materials are identified to the satisfaction of the Deputy
Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, as the materials
which were imported.
3. Notwithstanding anything contained in this notification, the actual user condition specified in condi-
tion numbers (viii) and (x) shall not be applicable in respect of authorisation issued for import of raw sugar for
imports made from the 17th February, 2009 till 30th September, 2009 and the export obligation may also be
fulfilled by procuring white sugar from any other factory with effect from the 17th February, 2009.
(ii) “Foreign Trade Policy” means the Foreign Trade Policy 2009-2014, published by the Government of
India in the Ministry of Commerce and Industry vide notification No.1 /2009-2014, dated the 27th August
2009 as amended from time to time;
(iii) “Licensing Authority or Regional Authority” means the Director General of Foreign Trade appointed
under section 6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer
authorized by him to grant a licence under the said Act;
(iv) “Manufacture” has the same meaning as assigned to it in paragraph 9.37 of the Foreign Trade
Policy;
(v) “Materials” means-
(a) raw materials, components, intermediates, consumables, catalysts and parts which are re-
quired for manufacture of resultant product;
(b) mandatory spares within a value limit of ten per cent. of the value of the licence which are
required to be exported along with the resultant product;
(c) fuel required for manufacture of resultant product;
(d) packaging materials required for packing of resultant product;
(vi) “Specified Chartered Accountant” means a statutory auditor or a Chartered Accountant who certi-
fies the importer’s financial records under the Companies Act, 1956 ( 1 of 1956) or the Sales Tax/ Value
Added Tax Act of the State Government or the Income Tax Act, 1961 ( 43 of 1961).
GENERAL EXEMPTION NO. 106 1498
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts the goods of description specified in column (2) of the Table below, when imported into India,-
(a) from so much of duty of customs leviable thereon under the First Schedule to the Customs Tariff Act,
1975 (51 of 1975) as is in excess of the amount calculated at the rate specified in the corresponding entry in
column (3) of the said Table;
(b) from so much of additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3 of
the said Customs Tariff Act, as is in excess of the amount calculated at the rate specified in the corresponding
entry in column (4) of the said Table;
(ii) that the importer has been permitted credit entries in the said Duty Entitlement Pass Book
Scrip by the Licensing Authority at the rates notified by the Government of India in the
Ministry of Commerce and Industry for the products exported;
(iii) that the said Duty Entitlement Pass Book Scrip is produced before the proper officer of
Customs for debit of the duties leviable on the goods, but for exemption contained herein :
(iv) the said Duty Entitlement Pass Book Scrip shall be valid for twenty four months from the date of
issue or such extended period as may be granted by the Licensing Authority for import and export only at the
port of registration which shall be one of the sea ports at Bedi (including Rozi-Jamnagar), Chennai, Cochin,
Dahej, Dhamra, Dharamtar, Dighi, Haldia (Haldia Dock Complex of Kolkata Port), Hazira (Surat), Kakinada,
Kandla, Kattupalli (Tamil Nadu), Kolkata, Krishnapatnam and Ennore (Tamil Nadu), and Karaikal (Union
territory of Puducherry) Magdalla, Mangalore, Marmagoa, Muldwarka, Mumbai, Mundhra,Nagapattinam,
Nhava Sheva, Okha, Paradeep, Pipavav, Porbander, Sikka, Tuticorin, Visakhapatnam and Vadinar or through
any of the airports at Ahmedabad, Bangalore, Bhubaneswar, Calicut, Chennai, Cochin, Coimbatore, Dabolim
(Goa), Delhi, Hyderabad, Indore, Jaipur, Kolkata, Lucknow (Amausi), Mumbai, Nagpur, Rajasansi (Amritsar),
Srinagar, Trivandrum , Varanasi and Visakhapatnam or through any of the Inland Container Depots at Agra,
Ahmedabad, Anaparthy (Andhra Pradesh), Babarpur, Bangalore, Bhadohi, Bhatinda, Bhilwara, Bhiwadi,
Bhusawal, Chheharata (Amritsar), Coimbatore, Dadri, Dappar (Dera Bassi), Daulatabad (Wanjarwadi and
Maliwada), Delhi, Dighi (Pune), Durgapur (Export Promotion Industrial Park), Faridabad, Garhi Harsaru,
Gauhati, Marripalem Village in Taluk of Edlapadu, District Guntur and Tondiarpet (TNPM), Chennai and
Irungattukottai, SIPCOT IndustrialPark, Kattrambakkam Village, Sriperumbudur Taluk, Kanchipuram Dis-
trict, Tamil Nadu and Melapakkam Village (Arakkonam Taluk, Vellore District), Hosur (Tamil Nadu),
NattakkamVillage (Kottayam Taluk and District), Kalinganagar and Tumb Village (Taluka Umbergaon,
GENERAL EXEMPTION NO. 106 1499
District Valsad), Hyderabad, Jaipur, Jallandhar, Jamshedpur, Jodhpur, Kanpur, Karur, Kota, Kundli, Loni
(District Ghaziabad), Ludhiana, Madurai, Malanpur, Mandideep (District Raisen), Miraj, Moradabad, Nagpur,
Nasik, Pimpri (Pune), Pitampur (Indore), Pondicherry, Raipur, Rewari, Rudrapur(Nainital), Salem, Singanalur,
Surat, Surajpur, Tirupur, Tuticorin, Udaipur, Vadodara, Varanasi, , Waluj (Aurangabad) Talegoan (District
Pune), Dhannad Rau (District Indore), Kheda (Pithampur, District Dhar) Patli (Gurgaon), Irugur Village
(Tamil Nadu), Thudiyalur (Tamil Nadu), Chettipalayam (Tamil Nadu) and Veerapandi (Tamil Nadu) (Tamil
Nadu) and Marripalem Village in Taluk of Edlapadu, District Guntur, or through the Land Customs Station at
Agartala, Amritsar Rail Cargo, Attari Road, Changrabandha, Dawki, Ghojadanga, Hilli, Jogbani, Mahadipur,
Nepalganj Road, Nautanva (Sonauli), Petrapole, Ranaghat, Raxaul, Singhabad and Sutarkhandi or a Special
Economic Zone notified under section 4 of the Special Economic Zones Act, 2005 (28 of 2005):
Provided that where the expiry of the Duty Entitlement Pass Book falls before the
last day of the month, such Duty Entitlement Pass Book shall be deemed to be valid till the
last day of the said month :
(v) that where the importer does not claim exemption from the additional duty of customs
leviable under sub-sections (1), (3) and (5) of section 3 of the Customs Tariff Act, 1975
(51 of 1975), he shall be deemed not to have availed the exemption from the said duty for
the purpose of calculation of the said additional duty of customs;
(vi) that the importer shall be entitled to avail the drawback or CENVAT credit of additional
duty leviable under sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff
Act against the amount debited in the said Duty Entitlement Pass Book Scrip;
(vii) that where benefit of exemption from duty is claimed by a person, who is not a Duty
Entitlement Pass Book Scrip holder, such benefit shall be permissible only against specific
amount of credit, not being a provisional credit, transferred by a Duty Entitlement Pass
Book Scrip holder to such person.
2. This notification shall be valid in respect of the Duty Entitlement Pass Book Script issued by the
Licensing Authority against exports having Let Export Order up to an inclusive ot the 30th day of September,
2011.
TABLE
S. No. Description of goods Standard rate Additional Duty rate
(1) (2) (3) (4)
1. Goods other than Nil Nil
edible oils
2. Edible Oils 50% of applied 50% of applied rate
rate of duty of additional duty.
(i) “Foreign Trade Policy” means Foreign Trade Policy 2009-2014 published in the Gazette of India,
Part II, Section 3, Sub-section (ii) vide notification of the Government of India in the Ministry of Commerce
and Industry, No.1/2009-2014, dated the 27th August, 2009 as amended from time to time;
(ii) “Licensing Authority” means the Director General of Foreign Trade appointed under section 6 of the
Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorized by him to grant
a licence under the said Act;
(iii) “applied rate of duty” means the standard rate of duty specified in the First Schedule to the said
Customs Tariff Act with respect to the goods specified in column (2) of the said Table, read with any other
notification (for the time being in force) issued in respect of such goods under sub-section (1) of section 25 of
the said Customs Act;
(iv) “applied rate of additional duty” means the additional duty leviable under sub-sections (1), (3) and
(5) of section 3 of the said Customs Tariff Act with respect to the goods specified in column (2) of said Table,
read with any other notification (for the time being in force) issued in respect of such goods under sub-section
(1) of section 25 of the said Customs Act.
(v) "Let Export Order" means an order which permits clearance and loading of the goods for exportation
by the proper officers in accordance with section 51 of the said Custom Act.
GENERAL EXEMPTION NO. 107 1501
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts materials imported into India against a Duty Free Import Authorisation issued in terms of paragraph
4.2.1 and 4.2.2 of the Foreign Trade Policy (hereinafter referred to as the said authorisation) from the whole
of the duty of Customs leviable thereon which is specified in the First Schedule to the Customs Tariff Act,
1975 (51 of 1975) and from the whole of the additional duty leviable thereon under sub-sections (1), (3) and
(5) of section 3, safeguard duty leviable thereon under Section 8B, and anti-dumping duty leviable thereon
under Section 9A of the said Customs Tariff Act, except to the extent specified in paragraph 2 or 2A of this
notification, as the case may be, subject to the following conditions namely :-
(i) that the description, value and quantity of materials imported are covered by the said
authorisation and the said authorisation is produced before the proper officer of customs at
the time of clearance for debit:
(ii) that where import takes place after fulfilment of export obligation, the shipping bill
number(s) and date(s) and quantity and Free on Board value of the resultant product are
endorsed on the said authorisation:
Provided that where import takes place before fulfilment of export obliga-
tion, the quantity and Free on Board value of the resultant product to be exported are en-
dorsed on the said authorisation;
(iii) that in respect of imports made before the discharge of export obligation in full, the
importer at the time of clearance of the imported materials executes a bond with such surety
or security and in such form and for such sum as may be specified by the Deputy Commis-
sioner of Customs or Assistant Commissioner of Customs, as the case may be, binding
himself to pay on demand an amount equal to the duty leviable, but for the exemption con-
tained herein, on the imported materials in respect of which the conditions specified in this
notification are not complied with, together with interest at the rate of fifteen per cent. per
annum from the date of clearance of the said materials;
GENERAL EXEMPTION NO. 107 1502
(iv) that in respect of imports made after the discharge of export obligation in full, if facility
under rule 18 (rebate of duty paid on materials used in the manufacture of resultant product)
or sub-rule (2) of rule 19 of the Central Excise Rules, 2002 or CENVAT Credit under
CENVAT Credit Rules, 2004 has been availed, then the importer shall, at the time of clear-
ance of the imported materials furnish a bond to the Deputy Commissioner of Customs or
Assistant Commissioner of Customs, as the case may be, binding himself, to use the im-
ported materials in his factory or in the factory of his supporting manufacturer for the manu-
facture of dutiable goods and to submit a certificate, from the jurisdictional Central Excise
officer within six months from the date of clearance of the said materials, that the imported
materials have been so used:
then the importer shall pay an amount equal to the additional duty of customs levi-
able on the materials so imported or transferred, but for the exemption contained herein,
together with interest at the rate of fifteen per cent. per annum from the date of clearance of
the said materials:
Provided also that if the importer pays additional duty of customs leviable on the
imported materials but for the exemption contained herein, then the imported materials may
be cleared without furnishing a bond specified in this condition and the additional duty of
customs so paid shall be eligible for availing CENVAT Credit under the CENVAT Credit
Rules, 2004;
(v) that in respect of imports made after the discharge of export obligation in full, and if
facility under rule 18 (rebate of duty paid on materials used in the manufacture of resultant
product) or sub-rule 2 of rule 19 of the Central Excise Rules, 2002 or CENVAT credit under
CENVAT Credit Rules, 2004 has not been availed and the importer furnishes proof to this
effect to the satisfaction of the Deputy Commissioner of Customs or the Assistant Commis-
sioner of Customs as the case may be, then the imported materials may be cleared without
furnishing a bond specified in condition (iv);
(vi) that the imports and exports are undertaken through seaports at Bedi (including Rozi-Jamnagar),
Chennai, Cochin, Dahej, Dhamra, Dharamtar, Dighi, Haldia (Haldia Dock Complex of Kolkata Port), Hazira
(Surat), Kakinada, Kandla, Kattupalli (Tamil Nadu), Kolkata, Krishnapatnam and Ennore (Tamil Nadu) and
Karaikal (Union territory of Puducherry), Magdalla, Mangalore, Marmagoa, Muldwarka, Mumbai,
Mundhra,Nagapattinam, Nhava Sheva, Okha, Paradeep, Pipavav, Porbander, Sikka, Tuticorin, Visakhapatnam
and Vadinar or through any of the airports at Ahmedabad, Bangalore, Bhubaneswar, Calicut, Chennai, Cochin,
Coimbatore, Dabolim (Goa), Delhi, Hyderabad, Indore, Jaipur, Kolkata, Lucknow (Amausi), Mumbai, Nagpur,
GENERAL EXEMPTION NO. 107 1503
Rajasansi (Amritsar), Srinagar, Trivandrum , Varanasi and Visakhapatnam or through any of the Inland
Container Depots at Agra, Ahmedabad, Anaparthy (Andhra Pradesh), Babarpur, Bangalore, Bhadohi, Bhatinda,
Bhilwara, Bhiwadi, Bhusawal, Chheharata (Amritsar), Coimbatore, Dadri, Dappar (Dera Bassi), Daulatabad
(Wanjarwadi and Maliwada), Delhi, Dighi (Pune), Durgapur (Export Promotion Industrial Park), Faridabad,
Garhi Harsaru, Gauhati,Marripalem Village in Taluk of Edlapadu, District Guntur and Tondiarpet (TNPM),
Chennai and Irungattukottai, SIPCOT IndustrialPark, Kattrambakkam Village, Sriperumbudur Taluk,
K a n c h i p u r a m
District, Tamil Nadu and Melapakkam Village (Arakkonam Taluk, Vellore District), Hosur (Tamil Nadu),
NattakkamVillage (Kottayam Taluk and District), Kalinganagar and Tumb Village (Taluka Umbergaon,
District Valsad), Hyderabad, Jaipur, Jallandhar, Jamshedpur, Jodhpur, Kanpur, Karur, Kota, Kundli, Loni
(District Ghaziabad), Ludhiana, Madurai, Malanpur, Mandideep (District Raisen), Miraj, Moradabad, Nagpur,
Nasik, Pimpri (Pune), Pitampur (Indore), Pondicherry, Raipur, Rewari, Rudrapur(Nainital), Salem, Singanalur,
Surat, Surajpur, Tirupur, Tuticorin, Udaipur, Vadodara, Varanasi, Waluj (Aurangabad) Talegoan (District
Pune), Dhannad Rau (District Indore), Kheda (Pithampur, District Dhar), Patli (Gurgaon), Irugur Village
(Tamil Nadu), Thudiyalur (Tamil Nadu), Chettipalayam (Tamil Nadu) and Veerapandi (Tamil Nadu) (Tamil
Nadu) and Marripalem Village in Taluk of Edlapadu, District Guntur, or through the Land Customs Station at
Agartala, Amritsar Rail Cargo, Attari Road, Changrabandha, Dawki, Ghojadanga, Hilli, Jogbani, Mahadipur,
Nepalganj Road, Nautanva (Sonauli), Petrapole, Ranaghat, Raxaul, Singhabad and Sutarkhandi or a Special
Economic Zone notified under section 4 of the Special Economic Zones Act, 2005 (28 of 2005):
Provided that the Commissioner of Customs may with in the jurisdiction , by special
order, or by a Public Notice, and subject to such conditions as may be specified by him,
permits import and export from any other seaport or airport or inland container depot or
through any land customs station;
(vii) that the export obligation as specified in the said authorization (both in value and
quantity terms) is discharged within the period specified in the said authorization or within
such extended period as may be granted by the Regional Authority by exporting resultant
products, manufactured in India which are specified in the said authorization:
(viii) that the importer produces evidence of discharge of export obligation to the satis-
faction of the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as
the case may be, within a period of sixty days of the expiry of period allowed for fulfilment
of export obligation, or within such extended period as the said Deputy Commissioner of
Customs or Assistant Commissioner of Customs, as the case may be, may allow;
(ix) that exempt materials shall not be disposed of or utilised in any manner, except for
utilisation in discharge of export obligation, before the export obligation under the said
authorisation has been discharged in full:
Provided further that where the Bond filed under condition (iii) against the said
authorisation has not been redeemed by the Deputy Commissioner of Customs or Assistant
Commissioner of Customs, as the case may be, the unutilised material may be transferred to
GENERAL EXEMPTION NO. 107 1504
any other manufacturer except to the unit availing the benefit of notifications, Nos. 49/03-
CE and 50/03-CE both dated 10th June,2003, 32/99-CE and 33/99-CE both dated 8th July,
1999 , 8/04-CE dated 21stJanuary,.2004, 20/07-CE dated 25th April,.2007, 56/02-CE and 57/
02-CE both dated 14th November, 2002, , 71/03-CE dated 9th September,.2003, 56/03-CE
dated 25th June,.2003 and 39/01-CE dated 31st July,.2001, for processing under actual user
condition after complying the central excise procedure or the goods and services tax pro-
cedure relating to job work, as the case may be;
(a) the name and address of the supporting manufacturer is specified in the said
authorisation and the bond required to be executed by the importer in terms of condition
numbers (iii) or (iv) as the case may be shall be executed jointly by the merchant exporter
and the supporting manufacturer binding themselves jointly and severally to comply with the
conditions specified in this notification; and
(b) exempt materials are utilised in the factory of such supporting manufacturer for
discharge of export obligation and the same shall not be transferred or sold or used for any
other purpose by the said merchant exporter until the export obligation specified in condition
(vii) has been discharged in full.
2. The exemption from safeguard duty and anti-dumping duty shall not be available in case materials are
imported against an authorisation made transferable by theRegionalAuthority.
2A. With effect from 17th September 2013, the exemption from safeguard duty and anti-dumping duty shall
not be available in case materials are imported against an authorisation that has been made transferable on or
after the 18th April, 2013 by the Regional Authority.
2AB. In case the imported materials are transferred with the permission of Regional Authority, the
importer shall pay an amount equal to the safeguard duty and anti-dumping duty leviable on the material so
imported and transferred, but for the exemption contained in paragraph 1 above, together with interest at the
rate of fifteen per cent. per annum from the date of clearance on import of the said materials.zzzz
2AC. With effect from 17th September 2013, in case the imported materials are transferred with the permission
of Regional Authority, and where such permission is granted on or after the 18th April, 2013, the importer
shall pay an amount equal to the safeguard duty and anti-dumping duty leviable on the material so imported
and transferred, but for the exemption contained in paragraph 1 above, together with interest at the rate of
fifteen per cent per annum from the date of clearance on import of the said materials.
2B. After discharge of export obligation as specified in condition (vii) of paragraph 1, the Regional
Authority shall permit transfer of the said authorisation and/or the goods imported under it subject to such
conditions as may be specified.
3. Where the materials are found defective or unfit for use, the said materials may be re-exported back
to the foreign supplier within six months from the date of clearence of the said material or such extended
period not exceeding a further period of six months as the Commissioner of Customs may allow;
Provided that at the time of re-export the materials are identified to the satisfaction of the Deputy
Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, as the materials
which were imported.
GENERAL EXEMPTION NO.107 1505
(iii) “Licensing Authority or Regional Authority” means the Director General of Foreign Trade
appointed under section 6 of the Foreign Trade (Development and Regulation) Act, 1992 (22
of 1992) or an officer authorized by him to grant a licence under the said Act;
(iv) “Manufacture” has the same meaning as assigned to it in paragraph 9.37 of the Foreign
Trade Policy;
(v) “Materials” means
(a) raw materials, components, intermediates, consumables, catalysts and parts which are re-
quired for manufacture of resultant product;
(b) mandatory spares within a value limit of ten per cent. of the value of the licence which are
required to be exported along with the resultant product;
(c) fuel required for manufacture of resultant product;
(d) packaging materials required for packing of resultant product;
GENERAL EXEMPTION NO. 108 1506
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts materials imported into India, against an Advance Authorisation for Annual Requirement (hereinaf-
ter referred to as the said Authorization) with actual user condition in terms of Paragraph 4.1.10 of the
Foreign Trade Policy from the whole of the duty of customs leviable thereon which is specified in the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975) and from the whole of the additional duty leviable
thereon under sub-sections (1), (3) and (5) of section 3, safeguard duty leviable thereon under Section 8B,
and anti-dumping duty leviable thereon under Section 9A of the said Customs Tariff Act, subject to the
following conditions namely,-
i. that the said licence is produced before the proper officer of customs at the time of clearance for
debit the quantity and value of imports;
(a) the name and address of the supporting manufacturer also in such cases where
the authorisation has been issued to a merchant exporter;
(b) the shipping bill number(s) and date(s) and description,quantity and value of exports of the
resultant product in cases where import takes place after fulfilment of export obligation; or
(c) the description, Cost Insurence Freight value and other specifications of the imported mate-
rials and the description,quantity and Free on Board value of exports of the resultant product
covered under an export product group specified in the Hand Book of Procedures Volume 1,
in such cases where import takes place before fulfilment of export obligation;
Provided further that in respect of the inputs specified in paragraph 4.24A (i) of the
Hand Book of Procedures, Volume 1 of the Foreign Trade Policy, the material permitted in
the said authorization shall be of the same quality, technical characteristics and specifica-
tions as the materials used in the export of the resultant product:
Provided also that the exporter shall give declaration with regard to the technical
characteristics, quality and specifications of materials used in the export of resultant product,
in the shipping bill;
iii. that the authorizations issued on the basis of self declaration where Standard Input Output
Norms are not fixed, shall also be valid for import of inputs required for the manufacture of
export products provided the authorization holder shall prove to the satisfaction of the juris-
dictional Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the
case may be, that an application in Aayat Niryat form along with documents specified therein
GENERAL EXEMPTION NO. 108 1507
has been submitted to the Director General of Foreign Trade, in terms of para 4.7 of the
Hand Book of Procedures , Volume 1 of the Foreign Trade Policy before making the first
shipment;
iv. that in respect of imports made before the discharge of export obligation, the importer at the
time of clearance of the imported materials executes a bond with such surety or security and
in such form and for such sum as may be specified by the Deputy Commissioner of Customs
or Assistant Commissioner of Customs, as the case may be, binding himself to pay on de-
mand an amount equal to the duty leviable, but for the exemption contained herein, on the
imported materials in respect of which the conditions specified in this notification are not
complied with, together with interest at the rate of fifteen percent per annum from the date
of clearance of the said materials;
v. that in respect of imports made after the discharge of export obligation, if facility of CENVAT
Credit under CENVAT Credit Rules, 2004 has been availed, then the importer shall, at the
time of clearance of the imported materials furnish a bond to the Deputy Commissioner of
Customs or Assistant Commissioner of Customs, as the case may be, binding himself, to use
the imported materials in his factory or in the factory of his supporting manufacturer for the
manufacture of dutiable goods and to submit a certificate, from the jurisdictional Central
Excise officer or from a specified chartered accountant within six months from the date of
clearance of the said materials, that the imported materials have been so used:
Provided further that if the importer pays additional duty of customs leviable on the
imported materials but for the exemption contained herein, then the imported materials may
be cleared without furnishing a bond specified in this condition and the additional duty of
customs so paid shall be eligible for availing CENVAT Credit under the CENVAT Credit
Rules, 2004;
vi. that in respect of imports made after the discharge of export obligation in full, and if facility
under rule 18 or sub-rule (2) of rule 19 of the Central Excise Rules, 2002 or CENVAT credit
under CENVAT Credit Rules, 2004 has not been availed and the importer furnishes proof to
this effect to the satisfaction of the Deputy Commissioner of Customs or the Assistant
Commissioner of Customs as the case may be, then the imported materials may be cleared
without furnishing a bond specified in condition (v);
vii. that the imports and exports are undertaken through seaports at Bedi (including Rozi-Jamnagar),
Chennai, Cochin, Dahej, Dhamra, Dharamtar, Dighi, Haldia (Haldia Dock Complex of Kolkata
Port), Hazira (Surat), Kakinada, Kandla, Kattupalli (Tamil Nadu), Kolkata, Krishnapatnam
and Ennore (Tamil Nadu) and Karaikal (Union territory of Puducherry), Magdalla, Mangalore,
Marmagoa, Muldwarka, Mumbai, Mundhra,Nagapattinam, Nhava Sheva, Okha, Paradeep,
Pipavav, Porbander, Sikka, Tuticorin, Visakhapatnam and Vadinar or through any of the
airports at Ahmedabad, Bangalore, Bhubaneswar, Calicut, Chennai, Cochin, Coimbatore,
Dabolim (Goa), Delhi, Hyderabad, Indore, Jaipur, Kolkata, Lucknow (Amausi), Mumbai,
Nagpur, Rajasansi (Amritsar), Srinagar, Trivandrum , Varanasi and Visakhapatnam or through
any of the Inland Container Depots at Agra, Ahmedabad, Anaparthy (Andhra Pradesh),
Babarpur, Bangalore, Bhadohi, Bhatinda, Bhilwara, Bhiwadi, Bhusawal, Chheharata
GENERAL EXEMPTION NO. 108 1508
(Amritsar), Coimbatore, Dadri, Dappar (Dera Bassi), Daulatabad (Wanjarwadi and Maliwada),
Delhi, Dighi (Pune), Durgapur (Export Promotion Industrial Park), Faridabad, Garhi Harsaru,
Gauhati, Marripalem Village in Taluk of Edlapadu, District Guntur and Tondiarpet (TNPM),
Chennai and Irungattukottai, SIPCOT IndustrialPark, Kattrambakkam Village, Sriperumbudur
Taluk, Kanchipuram District, Tamil Nadu and Melapakkam Village (Arakkonam Taluk, Vellore
District), Hosur (Tamil Nadu), NattakkamVillage (Kottayam Taluk and District),
Kalinganagar and Tumb Village (Taluka Umbergaon, District Valsad), Hyderabad, Jaipur,
Jallandhar, Jamshedpur, Jodhpur, Kanpur, Karur, Kota, Kundli, Loni (District Ghaziabad),
Ludhiana, Madurai, Malanpur, Mandideep (District Raisen), Miraj, Moradabad, Nagpur, Nasik,
Pimpri (Pune), Pitampur (Indore), Pondicherry, Raipur, Rewari, Rudrapur(Nainital), Salem,
Singanalur, Surat, Surajpur, Tirupur, Tuticorin, Udaipur, Vadodara, Varanasi, , Waluj
(Aurangabad) Talegoan (District Pune), Dhannad Rau (District Indore), Kheda (Pithampur,
District Dhar), Patli (Gurgaon), Irugur Village (Tamil Nadu), Thudiyalur (Tamil Nadu),
Chettipalayam (Tamil Nadu) and Veerapandi (Tamil Nadu) (Tamil Nadu) and Marripalem
Village in Taluk of Edlapadu, District Guntur or through the Land Customs Station at Agartala,
Amritsar Rail Cargo, Attari Road, Changrabandha, Dawki, Ghojadanga, Hilli, Jogbani,
Mahadipur, Nepalganj Road, Nautanva (Sonauli), Petrapole, Ranaghat, Raxaul, Singhabad
and Sutarkhandi or a Special Economic Zone notified under section 4 of the Special Eco-
nomic Zones Act, 2005 (28 of 2005):
Provided that the Commissioner of Customs may with in the jurisdiction , by special
order, or by a Public Notice, and subject to such conditions as may be specified by him,
permits import and export from any other seaport/airport/inland container depot or through
any land customs station;
viii. that sourcing of the imported materials from Private Bonded Warehouses set up under
paragraph 2.28 of the Foreign Trade Policy would be allowed;
ix. that the export obligation as specified in the said authorization (both in value and quantity
terms) is discharged within the period specified in the said authorization or within such
extended period as may be granted by the Regional Authority by exporting resultant prod-
ucts, manufactured in India which are specified in the said authorization and in respect of
which facility under rule 18 or sub-rule (2) of rule 19 of the Central Excise Rules, 2002 has
not been availed:
x. that the importer produces evidence of discharge of export obligation to the satisfaction of
the Deputy Commissioner of Customs or Assistant Commissioner of Customs, within a
period of sixty days of the expiry of period allowed for fulfilment of export obligation, or
within such extended period as the said Deputy Commissioner of Customs or Assistant
Commissioner of Customs, may allow;
xi. that the exempt materials shall not be disposed of or utilized in any manner except for
discharge of export obligation or for replenishment of such materials and the materials so
GENERAL EXEMPTION NO. 108 1509
Provided that the said materials may be transferred to a job worker for processing
subject to complying with the conditions prescribed in the relevant goods and services tax
provisions notifications permitting transfer of materials for job work:
Provided further that, no such transfer for purposes of job work shall be effected to
the units located in areas eligible for area based exemptions from the levy of excise duty in
terms of notification Nos. 49/03-CE and 50/03-CE both dated 10th June,2003, 32/99-CE
dated 8th July,1999, 33/99-CE dated 8th July,1999, 8/04-CE dated 21stJanuary,.2004, 20/07-
CE dated 25th April,.2007,56/02-CE dated 14th November, 2002,57/02-CE dated 14th No-
vember,.2002, 71/03-CE dated 9th September,.2003, 56/03-CE dated 25th June,.2003 and
39/01-CE dated 31st July,.2001;
xii. that in relation to the said Authorization issued to a manufacturer exporter or merchant
exporter, any bond required to be executed by the importer in terms of this notification shall
be executed jointly by the manufacturer exporter or merchant exporter as the case may be
and the supporting manufacturer binding themselves jointly and severally to comply with the
conditions specified in this notification.
(xiii) that the exemption from safeguard duty and anti-dumping duty shall not be available in
respect of material imported-
(a) for supply of goods against Advance Authorisation or Advance Authorisation for
annual requirement or Duty Free Import Authorisation;
(b) for supply of goods to Export Oriented Unit (EOU) or Software
Technology Park (STP) or Electronic Hardware Technology Park (EHTP) or Biotechnol-
ogy Park (BTP);
(c) for supply of capital goods to Export Promotion Capital Good (EPCG) Authorisation
holders;
(d) for supply of marine freight containers by 100% Export Orients Unit (Domestic
freight containers-manufacturers) where said containers are exported out of India within 6
months or such further period as permitted by customs; and
(e) for supply to projects funded by UN Agencies.”
(2). Notwithstanding anything contained in the notification, the actual user condition specified in condition
numbers (ix) and (xi) shall not be applicable in respect of authorisation issued for import of raw sugar for
imports made from 17th February, 2009 till 30th September, 2009 and the export obligation may also be
fulfilled by procuring white sugar from any other factory with effect from the 17th February, 2009.
(i) “Dutiable goods” means excisable goods which are not exempt from central excise duty and which
are not chargeable to ‘nil’ rate of central excise duty;
GENERAL EXEMPTION NO. 108 1510
(ii) “Foreign Trade Policy” means the Foreign Trade Policy 2009-2014, published by the Government of
India in the Ministry of Commerce and Industry vide notification No.1 /2009-2014, dated the 27th August
2009 as amended from time to time;
(iii) “Licensing Authority or Regional Authority” means the Director General of Foreign Trade appointed
under section 6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer
authorized by him to grant a licence under the said Act;
(iv) “Manufacture” has the same meaning as assigned to it in paragraph 9.37 of the Foreign Trade
Policy;
(a) raw materials, components, intermediates, consumables, catalysts and parts which are re-
quired for manu facture of resultant product;
(b) mandatory spares within a value limit of ten per cent. of the value of the licence which are
required to be exported along with the resultant product;
(c) fuel required for manufacture of resultant product;
(d) packaging materials required for packing of resultant product;
(vi) “Specified Chartered Accountant” means a statutory auditor or a Chartered Accountant who certi-
fies the importer’s financial records under the Companies Act, 1956 ( 1 of 1956) or the Sales Tax/ Value
Added Tax Act of the State Government or the Income Tax Act, 1961 ( 43 of 1961).
GENERAL EXEMPTION NO. 109 1511
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods specified in the Table annexed hereto, from,-
(i) so much of the duty of customs leviable thereon which is specified in the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975) as is in excess of the amount calculated at the rate of three percent ad-
valorem, and
(ii) the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3 of the
said Customs Tariff Act, when specifically claimed by the importer.
2. The exemption under this notification shall be subject to the following conditions, namely :-
(1) that the goods imported are covered by a valid authorization issued under the Export Promotion
Capital Goods (EPCG) Scheme to Common Service Providers(hereinafter referred to as CSP) designated
by the Director General Of Foreign Trade (hereinafter referred to as DGFT), Department of
Commerce(hereinafter referred to as DOC) or State Industrial Infrastructural Corporation in Towns Of
Export Excellence (hereinafter referred to as TEE) in terms of Chapter 5 of the Foreign Trade Policy
permitting import of goods at the rate of three percent duty and the said authorization is produced for debit by
the proper officer of customs at the time of clearance :
Provided that for import of spare parts specified at Sr.No.4 of the said Table, the validity period of the
authorization shall be deemed to be the period permitted for fulfillment of the export obligation in full ;
(1A) that the catalyst for one subsequent charge shall be allowed, under the authorization in which plant,
machinery or equipment and catalyst for initial charge have been imported, except in cases where the Re-
gional Authority issues a separate authorization for catalyst for one subsequent charge after the plant, ma-
chinery or equipment and catalyst for initial charge have already been imported.
(2) that the authorization issued under the scheme shall have the details of the users of the said capital
goods and the quantum of the Export Obligation(hereinafter referred to as EO) which each user would fulfil
and for authorizations issued on or after the 5th June, 2012, the details of the capital goods and the quantum
of Export Obligation which Common Service provider shall fulfil shall be mentioned in the authorization.
(3) that the authorization for annual requirement shall indicate export product to be exported under the
authorization. The authorization holder shall submit a Nexus Certificate from an independent Chartered
Engineer (CEC) in the format specified in Appendix 32A of HBP (vol. I) notified under the Foreign Trade
Policy, certifying nexus of imported capital goods with the export product, to the Customs authorities at the
time of clearance of imported capital goods. A copy of the CEC shall be submitted to the concerned Regional
Authority alongwith copy of the bill of entry, within thirty days from the date of import of the capital goods.
(4) that the goods imported shall not be disposed of or transferred by sale or lease or any other manner
till export obligation is completed.
(5) that the Common Service provider and each of the specific users shall execute a bond in such form
GENERAL EXEMPTION NO. 109 1512
and for such sum as may be specified by the Deputy Commissioner of Customs or Assistant Commissioner
of Customs and a bank guarantee equivalent to their portion of duty foregone in terms of export obligation
apportioned in the authorization binding themselves to fulfil export obligation on Free On Board (FOB) basis
equivalent to eight times the duty saved on the goods imported as may be specified on the licence or autho-
rization, or for such higher sum as may be fixed or endorsed by the Licensing Authority or Regional Authority
in terms of Para 5.10 of the Handbook of Procedures Vol I, issued under para 2.4 of the Foreign Trade Policy,
within a period of eight years from the date of issue of licence or authorization, in the following proportions,
namely :-
________________________________________________________________________________________________________________________
S.No. Period from the date of Proportion of total export obligation
issue of Authorization
________________________________________________________________________________________________________________________
(1) (2) (3)
________________________________________________________________________________________________________________________
1. Block of 1st to 6th year 50%
2. Block of 7th to 8th year 50%
________________________________________________________________________________________________________________________
Provided that in case authorizations are issued on or after the 5th June, 2012, the Common Service provider
shall execute the bond with bank guarantee and the bank guarantee shall be equivalent to hundred percent.
of the duty foregone, to be given by the Common Service provider or by any one of the users or a combination
thereof, at the option of the Common Service provider:
Provided further that where the duty saved is not less than Rupees one hundred crores, or where the autho-
rization is issued to units in the agri export zone as may be notified by the licensing authority or Regional
Authority, the export obligation shall be fulfilled within a period of twelve years from the date of issue of
authorization in the following proportions, namely :-
________________________________________________________________________________________________________________________
S.No. Period from the date of Proportion of total export obligation
issue of Authorization
________________________________________________________________________________________________________________________
(1) (2) (3)
________________________________________________________________________________________________________________________
1. Block of 1st to 10th year 50%
2. Block of 11th to 12th year 50%
________________________________________________________________________________________________________________________
Provided further that where a sick unit is notified by the Board for Industrial and Financial
Reconstruction(BIFR) or where a rehabilitation scheme is announced by the concerned State Government in
respect of sick unit for its revival, the export obligation may be fulfilled within time period allowed by the
Licensing Authority or Regional Authority as per the rehabilitation package prepared by the operating agency
and approved by BIFR or rehabilitation department of State Government . In cases where the time period is
not specified in the rehabilitation package, the export obligation may be fulfilled within the time period allowed
by the Licensing Authority or Regional Authority which shall not exceed twelve years.
Provided also that where the capital goods are imported by agro units and units in tiny and cottage
sector, the export obligation shall be fixed equivalent to six times the duty saved on the goods imported as may
be specified on the authrization, or for such higher sum as may be fixed by the licensing authority, within a
GENERAL EXEMPTION NO. 109 1513
Provided also that where the capital goods are imported for technological upgradation as per condi-
tions specified in Para 5.8 of the Foreign Trade Policy or by small scale industry units as defined in paragraph
5.2 of the Foreign Trade Policy, as the case may be, the export obligation shall be fixed equivalent to six times
the duty saved on the goods imported as may be specified on the authorization, or for such higher sum as may
be fixed by the Licensing Authority or Regional Authority, within a period of eight years from the date of issue
of authorization subject to the further condition that in the case of Small Scale Industry (SSI) units the landed
Cost Insurance Freight (CIF) value of such imported capital goods under the scheme shall not exceed
Rupees fifty lakhs and total investment in plant and machinery after such imports shall not exceed the SSI
limit :
Provided also that spares (including refurbished or reconditioned spares), moulds, dies, jigs, fixtures,
tools, refractory for initial lining and catalyst for initial charge, for the existing plant and machinery (imported
earlier, under EPCG or otherwise), shall be allowed to be imported under the EPCG scheme subject to an
export obligation equivalent to 50% of the normal export obligation prescribed above, to be fulfilled in 8 years
reckoned from the date of issue of the Authorization, subject to the condition that the CIF value of import of
the said spares etc. will be limited to 10% of the CIF value of the plant and machinery imported under the
EPCG authorization or 10% of the book value of the plant and machinery imported earlier otherwise than
under EPCG Scheme, as the case may be.
Provided also that export obligation of a particular block may be set off against the excess exports
made in the said preceding block(s);
(6) that if the authorisation holder does not claim exemption from the additional duty leviable under sub-
sections (1), (3) and (5) of section 3 of the Customs Tariff Act, 1975, the additional duty so paid by him shall
not be taken for computation of the net duty saved for the purpose of fixation of export obligation provided the
Cenvat credit of additional duty paid has not been taken;
(7) that the Authorization Holder and the other specific users or the Authorization Holder, as the case
may be produce within 30 days from the expiry of each block from the date of issue of authorization or within
such extended period as the Deputy Commissioner of Customs or Assistant Commissioner of Customs may
allow, evidence to the satisfaction of the Deputy Commissioner of Customs or Assistant Commissioner of
Customs showing the extent of export obligation fulfilled, and where the export obligation of any particular
block is not fulfilled in terms of the preceding condition, the importer shall within three months from the expiry
of the said block pay duties of customs equal to an amount which bears the same proportion to the duties
leviable on the goods, but for the exemption contained herein, which the unfulfilled portion of the export
obligation bears to the total export obligation, together with interest at the rate of 15% per annum from the
date of clearance of the goods;
(8) where the Authorization Holder fulfills 75% or more of the export obligation as specified in condition
(4) (over and above 100% of the average export obligation) within half of the period specified for export
obligation as mentioned in condition (4), his balance export obligation shall be condoned and he shall be
treated to have fulfilled the entire export obligation;
(9) that the capital goods imported, assembled or manufactured are installed in the Common Service
Provider's factory or premises and a certificate from the Deputy Commissioner of Customs or Assistant
GENERAL EXEMPTION NO. 109 1514
Commissioner of Customs having jurisdiction over Common Service Provider's factory or premises, as the
case may be, is produced confirming installation and use of capital goods in the Common Service Provider's
factory or premises, within six months from the date of completion of imports or within such extended period
as the Deputy Commissioner of Customs or Assistant Commissioner of Customs referred to in condition (5)
above, as the case may be, may allow:
Provided that in case of import of spares, the installation certificate shall be produced within three
years from the date of import:
Provided further that if the Authorization Holder is not registered with central excise or if he is a
service provider, he may produce the said certificate of installation and usage issued by an independent
Chartered Engineer:
Provided also that agro units located in Agri Export Zones or service providers in Agri export Zones
may move the capital goods within the Agri Export Zones under intimation to the jurisdictional Deputy Com-
missioner of Customs or Assistant Commissioner of Customs, as the case may be, subject to the condition
that the importer shall maintain accurate record of such movement;
(10) that the imports and exports are undertaken through sea ports at Bedi (including Rozi-Jamnagar),
Chennai, Cochin, Dahej, Dhamra, Dharamtar, Dighi, Haldia (Haldia Dock Complex of Kolkata Port), Hazira
(Surat), Kakinada, Kandla, Kattupalli (Tamil Nadu), Kolkata, Krishnapatnam and Ennore (Tamil Nadu) and
Karaikal (Union territory of Puducherry), Magdalla, Mangalore, Marmagoa, Muldwarka, Mumbai,
Mundhra,Nagapattinam, Nhava Sheva, Okha, Paradeep, Pipavav, Porbander, Sikka, Tuticorin, Visakhapatnam
and Vadinar or through any of the airports at Ahmedabad, Bangalore, Bhubaneswar, Calicut, Chennai, Cochin,
Coimbatore, Dabolim (Goa), Delhi, Hyderabad, Indore, Jaipur, Kolkata, Lucknow (Amausi), Mumbai, Nagpur,
Rajasansi (Amritsar), Srinagar, Trivandrum , Varanasi and Visakhapatnam or through any of the Inland
Container Depots at Agra, Ahmedabad, Anaparthy (Andhra Pradesh), Babarpur, Bangalore, Bhadohi, Bhatinda,
Bhilwara, Bhiwadi, Bhusawal, Chheharata (Amritsar), Coimbatore, Dadri, Dappar (Dera Bassi), Daulatabad
(Wanjarwadi and Maliwada), Delhi, Dighi (Pune), Durgapur (Export Promotion Industrial Park), Faridabad,
Garhi Harsaru, Gauhati, Marripalem Village in Taluk of Edlapadu, District Guntur and Tondiarpet (TNPM),
Chennai and Irungattukottai, SIPCOT Industrial Park, Kattrambakkam Village, Sriperumbudur Taluk,
Kanchipuram District, Tamil Nadu and Melapakkam Village (Arakkonam Taluk, Vellore District), Hosur
(Tamil Nadu), NattakkamVillage (Kottayam Taluk and District), Kalinganagar and Tumb Village (Taluka
Umbergaon, District Valsad), Hyderabad, Jaipur, Jallandhar, Jamshedpur, Jodhpur, Kanpur, Karur, Kota,
Kundli, Loni (District Ghaziabad), Ludhiana, Madurai, Malanpur, Mandideep (District Raisen), Miraj,
Moradabad, Nagpur, Nasik, Pimpri (Pune), Pitampur (Indore), Pondicherry, Raipur, Rewari, Rudrapur(Nainital),
Salem, Singanalur, Surat, Surajpur, Tirupur, Tuticorin, Udaipur, Vadodara, Varanasi,Waluj (Aurangabad) Talegoan
(District Pune), Dhannad Rau (District Indore), Kheda (Pithampur, District Dhar), Patli (Gurgaon), Irugur
Village (Tamil Nadu), Thudiyalur (Tamil Nadu), Chettipalayam (Tamil Nadu) and Veerapandi (Tamil Nadu)
(Tamil Nadu) and Marripalem Village in Taluk of Edlapadu, District Guntur or through the Land Customs
Station at Agartala, Amritsar Rail Cargo, Attari Road, Changrabandha, Dawki, Ghojadanga, Hilli, Jogbani,
Mahadipur, Nepalganj Road, Nautanva (Sonauli), Petrapole, Ranaghat, Raxaul, Singhabad and Sutarkhandi
or a Special Economic Zone notified under section 4 of the Special Economic Zones Act, 2005 (28 of 2005):
Provided that the Commissioner of Customs may, by special order or a public notice and subject to
such conditions as may be specified by him, permit import and export through any other sea-port, airport,
inland container depot or through a land customs station within his jurisdiction.
GENERAL EXEMPTION NO. 109 1515
(11) notwithstanding anything contained in condition (6) above, where the Licensing Authority or Re-
gional Authority grants extension of block-wise period for any block(s) or overall period of fulfilment of
export obligation upto a period of two years or regularization of shortfall in export obligation, not exceeding
five percent of such export obligation, the said block-wise period or overall period of export obligation shall be
extended or condoned by the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as
the case may be :
Provided that in respect of sick units referred to in the second proviso to condition (4) extension of overall
period of export obligation shall not be allowed :
Provided further that the Regional Authority may grant further extension in the overall period of export
obligation upto a period of further two years if the authorization holder pays fifty percent of duty payable in
proportion to the unfulfilled portion of export obligation and agrees to fulfill other conditions as may be
specified by the Regional Authority for this purpose;
Provided further that the Export Obligation period shall not be extended beyond 12 years including the original
Export Obligation period of 8 years or 12 years as the case may be.
3. Where the goods specified in the said Table are found defective or unfit for use, the said goods may
be re-exported back to the foreign supplier within three years from the date of payment of duty on the
importation thereof:
Provided that at the time of re-export, the goods are identified to the satisfaction of the Deputy Commissioner
of Customs or Assistant Commissioner of Customs, as the case may be, to be the same as the goods which
were imported.
1A. “Capital goods” has the same meaning as assigned to it in Paragraph 9.12 of the Foreign Trade
Policy;
2. “Common Service Provider (CSP)” means a service provider who is designated or certified as a
Common Service Provider by the DGFT, Department of Commerce or State Industrial Infrastructural Cor-
poration in a Town of Export Excellence.
3. “Export obligation”, -
(1) means obligation on the Common Service provider and each of the specific users endorsed in the
authorization or the Common Service Provider and specific users whose details are informed prior to export
by Common Service provider to the Regional Authority, as the case may be, to export to a place outside India,
goods manufactured or capable of being manufactured or services rendered by the use of capital goods
imported in terms of this notification. The export obligation shall be over and above the average level of
exports achieved by the Common Service provider or the specific user in the preceding three licensing years
for the same and similar products within the overall export obligation period including the extended period, if
any. Such average shall be the arithmetic mean of export performance in the last 3 years for the same and
GENERAL EXEMPTION NO. 109 1516
similar products.
Provided that upto 50% of the export obligation may also be fulfilled by export of other good(s)
manufactured or service(s) provided by the Common Service provider / the specific user or his group com-
pany or managed hotel, which has the EPCG authorization subject to the condition that in such cases, addi-
tional export obligation imposed shall be over and above the average exports achieved by the Common
Service provider / the specific user or his group company or managed hotel in preceding three years for both
the original and the substitute product(s) or service(s) :
Provided further that in case of export of goods relating to handicraft, handlooms, cottage, tiny
sector, agriculture, animal husbandry, floriculture, horticulture, pisciculture, viticulture, poultry, sericulture,
carpet, coir and jute the Common Service provider or the specific user shall not be required to maintain the
average level of exports :
Provided further that in case of export of goods relating to aquaculture(including fisheries), the
Common Service provider or the specific user shall not be required to maintain the average level of exports
subject to the condition that EPCG authorization has been obtained for goods other than fishing trawlers,
boats, ships and other similar items.
Provided also that the goods, excepting tools, imported under this notification by the aforesaid sec-
tors, shall not be allowed to be transferred for a period of five years from the date of imports even in cases
where export obligation has been fulfilled. Transfer of capital goods would, however, be permitted within the
group companies, after fulfillment of export obligation but before five years from the date of imports, under
intimation to Regional Authority and jurisdictional Central Excise Authority:
Provided also that the exports made to such countries as notified by the Director General of Foreign
Trade, shall not be counted for fixing average level of exports
Provided also that exports against only such shipping bills which mention the EPCG authorization No.
and date shall be counted for the discharge of the export obligation;
Provided also that in the case of authorisations issued on or after the 5th June, 2012, for exports by
users of the common service, to be counted towards fulfilment of export obligation of Common Service
provider, the respective shipping bills of the users of common service shall contain the EPCG Authorization
details of the Common Service provider andconcerned Regional Authority must be informed about the
details of the users prior to such export.
Provided also that exports counted against the authorization issued under this notification shall not be
counted towards fulfilment of other specific Export Obligations against other EPCG authorizations;
(2) shall be fulfilled through physical exports and the export proceeds shall be realized in freely convert-
ible currency. However the following categories of supplies, shall also be counted towards fulfillment of
export obligation:
(i) supply of goods against Advance Authorization/Advance Authorization for Annual Requirement/
Duty Free Import Authorization (DFIA);
(ii) supply of goods to Export Oriented Units (EOUs) or Software Technology Parks (STPs) or Elec-
GENERAL EXEMPTION NO. 109 1517
(iii) supply of goods to projects financed by multilateral or bilateral agencies or Funds as notified by
Department of Economic Affairs (DEA), Ministry of Finance (MOF) under International Competitive Bid-
ding (ICB) in accordance with procedures of those agencies or Funds, where legal agreements provide for
tender evaluation without including customs duty; supply and installation of goods and equipments (single
responsibility of turnkey contracts) to projects financed by multilateral or bilateral agencies or Funds as
notified by DEA, MOF under ICB, in accordance with procedures of those agencies/Funds, where bids may
have been invited and evaluated on the basis of Delivery Duty Paid (DDP) prices for goods manufactured
abroad;
(iv) supply of goods to any project or purpose in respect of which the Ministry of Finance, by a notifica-
tion, permits import of such goods at zero customs duty and the supply is made under ICB procedure;
(v) supply of goods to mega power projects as provided in sub-clause (ii) of clause (f) of para 8.2 of
Foreign Trade Policy.
(vi) Supply of goods to nuclear power projects through competitive bidding as provided in clause (j) of
para 8.2 of Foreign Trade Policy;” shall be substituted.
(b) Supply of ITA-1 items to Domestic Tariff Area, provided realization is in free foreign exchange;
(c) Royalty payments received in freely convertible currency and foreign exchange received for Re-
search and Development (R and D) services; and
(d) Payments received in rupee terms for port handling services in terms of chapter 9 of the Foreign
Trade Policy.
4. “Foreign Trade Policy” means the Foreign Trade Policy 2009-2014 published in the gazette of India,
Part II, Section 3, Sub-section (ii) vide notification of the Government of India in the Ministry of Commerce
and Industry, No.1/2009-2014 dated the 27th August, 2009 as amended from time to time;
5. “Licensing Authority or Regional Authority” means the Director General of Foreign Trade appointed
under section 6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer
authorized by him to grant an authorization under the said Act;
6. “Manufacture” has the same meaning as defined in clause (f) of section 2 of the Central Excise Act, 1944
(1 of 1944).
7. “Towns of Export Excellence(TEE)” means a selected town producing goods of Rs.750 Crores or
more based on potential for growth in exports. However for TEE in Handloom, Handicraft, Agriculture and
fisheries sector the threshold limit would be Rs.150 Crores.
Table
S.No. Description of goods
(1) (2)
1. Capital goods for pre-production, production and post production including second hand capital
goods.
2. Capital goods in Semi Knocked Down (SKD) / Completely Knocked Down (CKD) conditions to
be assembled into capital goods by the importer.
GENERAL EXEMPTION NO. 109 1518
3. Spare parts of CIF value upto 10% of the CIF value of goods specified at Serial Nos.1 and 2 as
actually imported and required for maintenance of capital goods so imported, assembled, or
manufactured.
4. Spare parts of CIF value upto 10% of the book value of the existing plant and machinery of the
authorization holder.
GENERAL EXEMPTION NO. 110 1519
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods specified in the Table annexed hereto, from,-
(i) the whole of the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act,
1975 (51 of 1975), and
(ii) the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3 of
the said Customs Tariff Act, when specifically claimed by the importer.
2. The exemption under this notification shall be subject to the following conditions, namely :-
(1) that the goods are imported for export of engineering and electronic products, basic chemicals and
pharmaceuticals, apparels and textiles, plastics, handicrafts, chemicals and allied products, leather and leather
products, paper and paperboard and articles thereof, ceramic products, refractories, glass and glassware,
articles thereof, plywood and allied products, marine products, sports rubber and goods and toys and are
other than those required for export of products covered under following chapters or headings of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975), namely:-
Chapters 1,2, 4, 5(except handicrafts), 6 to 24, 25 to 27, 31, 43, 44(except plywood and allied products),45,47,68
(except handicrafts), 71,81 (metals in primary and intermediate forms only),89,93,97(except handicrafts),98;
headings 4011 to 4013, 7401to 7406, 7501 to 7504, 7601 to 7603, 7801, 7802, 7901 to 7903, 8001, 8002 and
8401.
(2) that the goods imported are covered by a valid authorization issued under the Export Promotion
Capital Goods (EPCG) Scheme to Common Service Providers(hereinafter referred to as CSP) designated
by the Director General Of Foreign Trade (hereinafter referred to as DGFT), Department of
Commerce(hereinafter referred to as DOC) or State Industrial Infrastructural Corporation in Towns Of
Export Excellence (hereinafter referred to as TEE) in terms of Chapter 5 of the Foreign Trade Policy
permitting import of goods at zero customs duty and the said authorization is produced for debit by the proper
officer of customs at the time of clearance:
Provided that for import of spare parts specified at Sr.No.4 of the said Table, the validity period of the
authorization shall be deemed to be the period permitted for fulfilment of the export obligation in full :
(2A) that the catalyst for one subsequent charge shall be allowed, under the authorization in which plant,
machinery or equipment and catalyst for initial charge have been imported, except in cases where the Re-
gional Authority issues a separate authorization for catalyst for one subsequent charge after the plant, ma-
chinery or equipment and catalyst for initial charge have already been imported.
(3) that the authorization issued under the scheme shall have the details of the users of the said capital
GENERAL EXEMPTION NO. 110 1520
goods and the quantum of the Export Obligation(hereinafter referred to as EO) which each user would fulfil
and for authorizations issued on or after the 5th June, 2012, the details of the capital goods and the quantum
of Export Obligation which Common Service provider shall fulfil shall be mentioned in the authorization.
(4) that the Common Service provider or any of the specific users is not currently availing any benefits
under Technology Upgradation Fund Scheme (TUFS) administered by Ministry of Textiles, Government of
India.
Provided that this condition shall not be applicable where the benefit under TUFS has been obtained but
exact line of business in TUFS is different from the line of business under EPCG or where benefits availed
under TUFS are refunded, with applicable interest, before availing zero duty EPCG Authorization.
(5) that the Common Service provider or any of the specific users is not issued, in the year of issuance
of zero duty EPCG authorization, the duty credit scrips under SHIS scheme under para 3.16 of the Foreign
Trade Policy. Provided that this condition shall not be applicable where already availed SHIS benefit that is
unutilized is surrendered or where benefits availed under SHIS that is utilized is refunded, with applicable
interest, before availing zero duty EPCG authorization. SHIS scrips which are surrendered or benefit re-
funded or not issued in a particular year for the reason that zero duty EPCG authorization has been issued in
that year shall not be issued in future years also.
(6) that the authorization for annual requirement shall indicate export product to be exported under the
authorization. The authorization holder shall submit a Nexus Certificate from an independent Chartered
Engineer (CEC) in the format specified in Appendix 32A of HBP (vol. I) notified under the Foreign Trade
Policy, certifying nexus of imported capital goods with the export product, to the Customs authorities at the
time of clearance of imported capital goods. A copy of the CEC shall be submitted to the concerned Regional
Authority alongwith copy of the bill of entry,within thirty days from the date of import of the Capital Goods.
(7) that the goods imported shall not be disposed of or transferred by sale or lease or any other manner
till export obligation is complete.
(8) that the Common Service provider and each of the specific users shall execute a bond in such form
and for such sum as may be specified by the Deputy Commissioner of Customs or Assistant Commissioner
of Customs and a bank guarantee equivalent to their portion of duty foregone in terms of export obligation
apportioned in the authorization binding themselves to fulfil export obligation on FOB basis equivalent to six
times the duty saved on the goods imported as may be specified on the licence or authorization, or for such
higher sum as may be fixed or endorsed by the Licensing Authority or Regional Authority in terms of Para
5.10 of the Handbook of Procedures Vol I, issued under para 2.4 of the Foreign Trade Policy within a period
of six years from the date of issue of licence or authorization, in the following proportions, namely :-
S.No. Period from the date of Proportion of total export obligation
issue of Authorization
(1) (2) (3)
1. Block of 1st to 4th year 50%
2. Block of 5th to 6th year 50%
Provided that in case authorizations are issued on or after the 5th June, 2012, the Common Service
provider shall execute the bond with bank guarantee and the bank guarantee shall be equivalent to hundred
percent. of the duty foregone, to be given by Common Service provider or by any one of the users or a
GENERAL EXEMPTION NO. 110 1521
(9) that if the Authorization Holder does not claim exemption from the additional duty leviable under
sub-sections (1), (3) and (5) of section 3 of the Customs Tariff Act, 1975, the additional duty so paid by him
shall not be taken for computation of the net duty saved for the purpose of fixation of export obligation
provided the Cenvat credit of additional duty paid has not been taken;
(10) that the Authorization Holder and the other specific users or the Authorization Holder, as the case
may be produce within 30 days from the expiry of each block from the date of issue of authorization or within
such extended period as the Deputy Commissioner of Customs or Assistant Commissioner of Customs may
allow, evidence to the satisfaction of the Deputy Commissioner of Customs or Assistant Commissioner of
Customs showing the extent of export obligation fulfilled, and where the export obligation of any particular
block is not fulfilled in terms of the preceding condition, the importer shall within three months from the expiry
of the said block pay duties of customs equal to an amount which bears the same proportion to the duties
leviable on the goods, but for the exemption contained herein, which the unfulfilled portion of the export
obligation bears to the total export obligation, together with interest at the rate of 15% per annum from the
date of clearance of the goods;
(11) where the Authorization Holder fulfills 75% or more of the export obligation as specified in condition
(7) (over and above 100% of the average export obligation) within half of the period specified for export
obligation as mentioned in condition (7), his balance export obligation shall be condoned and he shall be
treated to have fulfilled the entire export obligation;
(12) that the capital goods imported, assembled or manufactured are installed in the Common Service
Provider’s factory or premises and a certificate from the Deputy Commissioner of Customs or Assistant
Commissioner of Customs having jurisdiction over factory or premises, as the case may be, is produced
confirming installation and use of capital goods in the Common Service Provider's factory or premises,
within six months from the date of completion of imports or within such extended period as the Deputy
Commissioner of Customs or Assistant Commissioner of Customs referred to in condition (8) above, as
GENERAL EXEMPTION NO. 110 1522
Provided that in case of import of spares, the installation certificate shall be produced within three years from
the date of import :
Provided further that if the importer is not registered with central excise, he may produce the said certificate
of installation and usage issued by an independent Chartered Engineer :
(13) that the imports and exports are undertaken through sea ports at Bedi (including Rozi-Jamnagar),
Chennai, Cochin, Dahej, Dhamra, Dharamtar, Dighi, Haldia (Haldia Dock Complex of Kolkata Port), Hazira
(Surat), Kakinada, Kandla, Kattupalli (Tamil Nadu), Kolkata, Krishnapatnam and Ennore (Tamil Nadu) and
Karaikal (Union territory of Puducherry), Magdalla, Mangalore, Marmagoa, Muldwarka, Mumbai,
Mundhra,Nagapattinam, Nhava Sheva, Okha, Paradeep, Pipavav, Porbander, Sikka, Tuticorin, Visakhapatnam
and Vadinar or through any of the airports at Ahmedabad, Bangalore, Bhubaneswar, Calicut, Chennai, Cochin,
Coimbatore, Dabolim (Goa), Delhi, Hyderabad, Indore, Jaipur, Kolkata, Lucknow (Amausi), Mumbai, Nagpur,
Rajasansi (Amritsar), Srinagar, Trivandrum , Varanasi and Visakhapatnam or through any of the Inland
Container Depots at Agra, Ahmedabad, Anaparthy (Andhra Pradesh), Babarpur, Bangalore, Bhadohi, Bhatinda,
Bhilwara, Bhiwadi, Bhusawal, Chheharata (Amritsar), Coimbatore, Dadri, Dappar (Dera Bassi), Daulatabad
(Wanjarwadi and Maliwada), Delhi, Dighi (Pune), Durgapur (Export Promotion Industrial Park), Faridabad,
Garhi Harsaru, Gauhati, Marripalem Village in Taluk of Edlapadu, District Guntur and Tondiarpet (TNPM),
Chennai and Irungattukottai, SIPCOT Industrial Park, Kattrambakkam Village, Sriperumbudur Taluk,
Kanchipuram District, Tamil Nadu and Melapakkam Village (Arakkonam Taluk, Vellore District), Hosur
(Tamil Nadu), NattakkamVillage (Kottayam Taluk and District), Kalinganagar and Tumb Village (Taluka
Umbergaon, District Valsad), Hyderabad, Jaipur, Jallandhar, Jamshedpur, Jodhpur, Kanpur, Karur, Kota,
Kundli, Loni (District Ghaziabad), Ludhiana, Madurai, Malanpur, Mandideep (District Raisen), Miraj,
Moradabad, Nagpur, Nasik, Pimpri (Pune), Pitampur (Indore), Pondicherry, Raipur, Rewari, Rudrapur(Nainital),
Salem, Singanalur, Surat, Surajpur, Tirupur, Tuticorin, Udaipur, Vadodara, Varanasi, , Waluj (Aurangabad)
Talegoan (District Pune), Dhannad Rau (District Indore), Kheda (Pithampur, District Dhar), Patli (Gurgaon),
Irugur Village (Tamil Nadu), Thudiyalur (Tamil Nadu), Chettipalayam (Tamil Nadu) and Veerapandi (Tamil
Nadu) (Tamil Nadu) and Marripalem Village in Taluk of Edlapadu, District Guntur or through the Land
Customs Station at Agartala, Amritsar Rail Cargo, Attari Road, Changrabandha, Dawki, Ghojadanga, Hilli,
Jogbani, Mahadipur, Nepalganj Road, Nautanva (Sonauli), Petrapole, Ranaghat, Raxaul, Singhabad and
Sutarkhandi or a Special Economic Zone notified under section 4 of the Special Economic Zones Act, 2005
(28 of 2005):
Provided that the Commissioner of Customs may, by special order or a public notice and subject to
such conditions as may be specified by him, permit import and export through any other sea-port, airport,
inland container depot or through a land customs station within his jurisdiction.
(14) notwithstanding anything contained in condition (9) above, where the Licensing Authority or Re-
gional Authority grants extension of block-wise period for any block(s) or overall period of fulfilment of
export obligation upto a period of two years or regularization of shortfall in export obligation, not exceeding
five percent of such export obligation, the said block-wise period or overall period of export obligation shall be
extended or condoned by the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as
the case may be :
Provided that in respect of sick units referred to in the first proviso to condition (7) extension of
GENERAL EXEMPTION NO. 110 1523
3. Where the goods specified in the said Table are found defective or unfit for use, the said goods may
be re-exported back to the foreign supplier within three years from the date of payment of duty on the
importation thereof:
Provided that at the time of re-export, the goods are identified to the satisfaction of the Deputy
Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, to be the same as the
goods which were imported.
4. This notification, for import of goods specified at Serial Nos.1 and 2 of the said table, shall have effect upto
31st December, 2013.
Explanation – For the purpose of this notification,-
1A. “Capital goods” has the same meaning as assigned to it in Paragraph of 9.12 of the Foreign Trade
Policy;
2. “Common Service Provider (CSP)” means a service provider who is designated or certified as a
Common Service Provider by the DGFT, Department of Commerce or State Industrial Infrastructural Cor-
poration in a Town of Export Excellence.
3. “Export obligation”, -
(1) means obligation on the Common Service provider and each of the specific users endorsed in the
authorization or the Common Service provider and specific users whose details are informed prior to export
by Common Service provider to the Regional Authority, as the case may be to export to a place outside India,
goods manufactured or capable of being manufactured or services rendered by the use of capital goods
imported in terms of this notification. The export obligation shall be over and above the average level of
exports achieved by the Common Service provider or the specific user in the preceding three licensing years
for the same and similar products within the overall export obligation period including the extended period, if
any. Such average shall be the arithmetic mean of export performance in the last 3 years for the same and
similar products.
Provided that upto 50% of the export obligation may also be fulfilled by export of other good(s)
manufactured or service(s) provided by the Common Service provider or the specific user or his group
company or managed hotel, which has the EPCG authorization subject to the condition that in such cases,
additional export obligation imposed shall be over and above the average exports achieved by the Common
Service provider or the specific user or his group company or managed hotel in preceding three years for both
the original and the substitute product(s) or service(s) :
Provided further that in case of export of goods relating to handicraft, handlooms, cottage, tiny
sector, agriculture, animal husbandry, floriculture, horticulture, pisciculture, viticulture, poultry, sericulture,
carpet, coir and jute the Common Service provider or the specific user shall not be required to maintain the
average level of exports :
GENERAL EXEMPTION NO. 110 1524
Provided further that in case of export of goods relating to aquaculture(including fisheries), the
Common Service provider or the specific user shall not be required to maintain the average level of exports
subject to the condition that EPCG authorization has been obtained for goods other than fishing trawlers,
boats, ships and other similar items.
Provided also that the goods, excepting tools, imported under this notification by the aforesaid sec-
tors, shall not be allowed to be transferred for a period of five years from the date of imports even in cases
where export obligation has been fulfilled. Transfer of capital goods would, however, be permitted within the
group companies, after fulfillment of export obligation but before five years from the date of imports, under
intimation to Regional Authority and jurisdictional Central Excise Authority :
Provided also that the exports made to such countries as notified by the Director General of Foreign
Trade, shall not be counted for fixing average level of exports.
Provided also that exports against only such shipping bills which mention the EPCG authorization No.
and date shall be counted for the discharge of the export obligation;
Provided also that in the case of authorisations issued on or after the 5th June, 2012 for exports by
users of the common service, to be counted towards fulfilment of export obligation of Common Service the
respective shipping bills of the users of common service shall contain the EPCG Authorization details of the
Common Service provider and concerned Regional Authority must be informed about the details of the users
prior to such export.
Provided also that exports counted against the authorization issued under this notification shall not be
counted towards fulfilment of other specific Export Obligations against other EPCG authorizations;
(2) shall be fulfilled through physical exports and the export proceeds shall be realized in freely convert-
ible currency. However, the following categories of supplies, shall also be counted towards fulfillment of
export obligation:
(i) supply of goods against Advance Authorization/Advance Authorization for Annual Requirement/
Duty Free Import Authorization (DFIA);
(ii) supply of goods to Export Oriented Units (EOUs) or Software Technology Parks (STPs) or Elec-
tronics Hardware Technology Parks (EHTPs) or Bio-Technology Parks (BTPs);
(iii) supply of goods to projects financed by multilateral or bilateral agencies or Funds as notified by
Department of Economic Affairs (DEA), Ministry of Finance (MOF) under International Competitive Bid-
ding (ICB) in accordance with procedures of those agencies or Funds, where legal agreements provide for
tender evaluation without including customs duty; supply and installation of goods and equipments (single
responsibility of turnkey contracts) to projects financed by multilateral or bilateral agencies or Funds as
notified by DEA, MOF under ICB, in accordance with procedures of those agencies/Funds, where bids may
have been invited and evaluated on the basis of Delivery Duty Paid (DDP) prices for goods manufactured
abroad;
GENERAL EXEMPTION NO. 110 1525
(iv) supply of goods to any project or purpose in respect of which the Ministry of Finance, by a notifica-
tion, permits import of such goods at zero customs duty and the supply is made under ICB procedure;
(v) supply of goods to mega power projects as provided in sub-clause (ii) of clause (f) of para 8.2 of
Foreign Trade Policy;
(vi) Supply of goods to nuclear power projects through competitive bidding as provided in clause (j) of
para 8.2 of Foreign Trade Policy;
(b) Supply of ITA-1 items to Domestic Tariff Area, provided realization is in free foreign exchange;
(c) Royalty payments received in freely convertible currency and foreign exchange received for Re-
search and Development (R&D) services; and
(d) Payments received in rupee terms for port handling services in terms of chapter 9 of the Foreign
Trade Policy.
4. “Foreign Trade Policy” means the Foreign Trade Policy 2009-2014 published in the gazette of India,
Part II, Section 3, Sub-section (ii) vide notification of the Government of India in the Ministry of Commerce
and Industry, No.1/2009-2014 dated the 27th August, 2009 as amended from time to time;
5. “Licensing Authority or Regional Authority” means the Director General of Foreign Trade appointed
under section 6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer
authorized by him to grant an authorization under the said Act;
6. “Manufacture” has the same meaning as defined in clause (f) of section 2 of the Central Excise Act,
1944 (1 of 1944).
7. “Towns of Export Excellence(TEE)” means a selected town producing goods of Rs.750 Crores or
more based on potential for growth in exports. However for TEE in Handloom, Handicraft, Agriculture and
fisheries sector the threshold limit would be Rs.150 Crores.
Table
S.No. Description of goods
(1) (2)
1. Capital goods for pre-production, production and post production including second hand capital
goods.
2. Capital goods in Semi Knocked Down (SKD) / Completely Knocked Down (CKD) conditions to
be assembled into capital goods by the importer.
3. Spare parts of CIF value upto 10% of the CIF value of goods specified at Serial Nos.1 and 2 as
actually imported and required for maintenance of capital goods so imported, assembled, or
manufactured.
4. Spare parts of CIF value upto 10% of the book value of the existing plant and machinery of the
authorization holder.
GENERAL EXEMPTION NO. 111 1526
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods specified in the Table annexed hereto, from,-
(i) the whole of the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act,
1975 (51 of 1975), and
(ii) the whole of the additional duty leviable thereon under sub-sections (1), (3) & (5) of section 3 of the
said Customs Tariff Act, when specifically claimed by the importer.
2. The exemption under this notification shall be subject to the following conditions, namely :-
(1) that the goods are imported for export of engineering and electronic products, basic chemicals and
pharmaceuticals, apparels and textiles, plastics, handicrafts,chemicals and allied products, leather and leather
products, paper and paperboard and articles thereof, ceramic products, refractories, glass and glassware,
rubber and articles thereof, plywood and allied products, marine products, sports goods and toys and are other
than those required for export of products covered under following chapters or headings of the First Schedule
to the Customs Tariff Act, 1975 (51 of 1975), namely:-
Chapters 1,2, 4, 5 (except handicrafts), 6 to 24, 25 to 27, 31, 43, 44 (except plywood and allied products),
45,47,68 (except handicrafts), 71,81 (metals in primary and intermediate forms only),89,93,97(except handi-
crafts),98; headings 4011 to 4013, 7401 to 7406, 7501 to 7504, 7601 to 7603, 7801, 7802, 7901 to 7903, 8001,
8002 and 8401.
(2) that the goods imported are covered by a valid authorization issued under the Export Promotion
Capital Goods (EPCG) Scheme in terms of Chapter 5 of the Foreign Trade Policy permitting import of goods
at zero customs duty and the said authorization is produced for debit by the proper officer of customs at the
time of clearance:
Provided that for import of spare parts specified at Sr.No.4 of the said Table, the validity period of the
authorization shall be deemed to be the period permitted for fulfilment of the export obligation in full :
(2A) that the catalyst for one subsequent charge shall be allowed, under the authorization in which plant,
machinery or equipment and catalyst for initial charge have been imported, except in cases where the Re-
gional Authority issues a separate authorization for catalyst for one subsequent charge after the plant, ma-
chinery or equipment and catalyst for initial charge have already been imported.
(3) that the importer is not currently availing any benefits under Technology Upgradation Fund Scheme
(TUFS) administered by Ministry of Textiles, Government of India.
Provided that this condition shall not be applicable where the benefit under TUFS has been obtained
but exact line of business in TUFS is different from the line of business under EPCG or where benefits
availed under TUFS are refunded, with applicable interest, before availing zero duty EPCG Authorization.
GENERAL EXEMPTION NO. 111 1527
(4) that the importer is not issued, in the year of issuance of zero duty EPCG authorization, the duty
credit scrips under SHIS scheme under para 3.16 of the Foreign Trade Policy. provided that this condition
shall not be applicable where already availed SHIS benefit that is unutilized is surrendered or where benefits
availed under SHIS that is utilized is refunded, with applicable interest, before availing zero duty EPCG
authorization. SHIS scrips which are surrendered or benefit refunded or not issuedin a particular year for the
reason that zero duty EPCG authorization has been issued in that year shall not be issued in future years also.
(5) that the authorization for annual requirement shall indicate export product to be exported under the
authorization. The authorization holder shall submit a Nexus Certificate from an independent Chartered
Engineer (CEC) in the format specified in Appendix 32A of HBP (vol. I) notified under the Foreign Trade
Policy, certifying nexus of imported capital goods with the export product, to the Customs authorities at
the time of clearance of imported capital goods. A copy of the CEC shall be submitted to the concerned
Regional Authority alongwith copy of the bill of entry, within thirty days from the date of import of the
Capital Goods.
(6) that the goods imported shall not be disposed of or transferred by sale or lease or any other manner
till export obligation is complete.
(7) that the importer executes a bond in such form and for such sum and with such surety or security as
may be specified by the Deputy Commissioner of Customs or Assistant Commissioner of Customs binding
himself to comply with all the conditions of this notification as well as to fulfill export obligation on Free On
Board (FOB) basis equivalent to six times the duty saved on the goods imported as may be specified on the
authorization, or for such higher sum as may be fixed or endorsed by the Licensing Authority or Regional
Authority in terms of Para 5.10 of the Handbook of Procedures Vol I, issued under para 2.4 of the Foreign
Trade Policy, within a period of six years from the date of issue of Authorization, in the following proportions,
namely :-
S.No. Period from the date of Proportion of total export obligation
issue of Authorization
(1) (2) (3)
1. Block of 1st to 4th year 50%
2. Block of 5th to 6th year 50%
Provided that the export obligation shall be 75% of the normal export obligation specified above
when fulfilled by export of following green technology products, namely, equipment for solar energy decen-
tralized and grid connected products, bio-mass gassifier, bio-mass or waste boiler, vapour absorption chillers,
waste heat boiler, waste heat recovery units, unfired heat recovery steam generators, wind turbine, solar
collector and parts thereof, water treatment plants, wind mill and wind mill turbine or engine, other generating
sets-wind powered, electrically operated vehicles -motor cars, electrically operated vehicles -lorries and
trucks, electrically operated vehicles -motor cycle and mopeds, and solar cells:
Provided further that for units located in Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram,
Nagaland, Sikkim and Tripura, the export obligation shall be 25% of the normal export obligation specified
above.
Provided also that where a sick unit is notified by the Board for Industrial and Financial Reconstruc-
GENERAL EXEMPTION NO. 111 1528
tion (BIFR) or where a rehabilitation scheme is announced by the concerned State Government in respect of
sick unit for its revival, the export obligation may be fulfilled within time period allowed by the Licensing
Authority or Regional Authority as per the rehabilitation package prepared by the operating agency and
approved by BIFR or rehabilitation department of State Government . In cases where the time period is not
specified in the rehabilitation package, the export obligation may be fulfilled within the time period allowed by
the Licensing Authority or Regional Authority which shall not exceed twelve years.
Provided also that spares (including refurbished/reconditioned spares), moulds, dies, jigs, fixtures,
tools, refractory for initial lining and catalyst for initial charge, for the existing plant and machinery (imported
earlier, under EPCG or otherwise), shall be allowed to be imported under the EPCG scheme subject to an
export obligation equivalent to 50% of the normal export obligation prescribed above, to be fulfilled in 6 years
reckoned from the date of issue of the Authorization, subject to the condition that the CIF value of import of
the above spares etc. will be limited to 10% of the CIF value of the plant and machinery imported under the
EPCG authorization or 10% of the book value of the plant and machinery imported earlier otherwise than
under EPCG Scheme, as the case may be.
Provided also that export obligation of a particular block may be set off against the excess exports made in
the said preceding block(s);
(8) that if the importer does not claim exemption from the additional duty leviable under sub-sections (1),
(3) & (5) of section 3 of the Customs Tariff Act, 1975, the additional duty so paid by him shall not be taken
for computation of the net duty saved for the purpose of fixation of export obligation provided the Cenvat
credit of additional duty paid has not been taken;
(9) that the importer produces within 30 days from the expiry of each block from the date of issue of
authorization or within such extended period as the Deputy Commissioner of Customs or Assistant Commis-
sioner of Customs may allow, evidence to the satisfaction of the Deputy Commissioner of Customs or
Assistant Commissioner of Customs showing the extent of export obligation fulfilled, and where the export
obligation of any particular block is not fulfilled in terms of the preceding condition, the importer shall within
three months from the expiry of the said block pay duties of customs equal to an amount which bears the
same proportion to the duties leviable on the goods, but for the exemption contained herein, which the unful-
filled portion of the export obligation bears to the total export obligation, together with interest at the rate of
15% per annum from the date of clearance of the goods;
(10) where the importer fulfills 75% or more of the export obligation as specified in condition (6) (over
and above 100% of the average export obligation) within half of the period specified for export obligation as
mentioned in condition (6), his balance export obligation shall be condoned and he shall be treated to have
fulfilled the entire export obligation;
(11) that the capital goods imported, assembled or manufactured are installed in the importer’s factory or
premises and a certificate from the jurisdictional Deputy Commissioner of Central Excise or Assistant Com-
missioner of Central Excise, as the case may be, is produced confirming installation and use of capital goods
in the importer’s factory or premises, within six months from the date of completion of imports or within such
extended period as the Deputy Commissioner of Customs or Assistant Commissioner of Customs referred to
in condition (7) above, as the case may be, may allow :
Provided that in case of import of spares, the installation certificate shall be produced within three
GENERAL EXEMPTION NO. 111 1529
Provided further that if the importer is not registered with central excise, he may produce the said
certificate of installation and usage issued by an independent Chartered Engineer :
Provided further that in the case of manufacturer exporter and merchant exporter having supporting
manufacturer(s) or vendor(s), the capital goods may be installed at the factory or premises of such other
person whose name and address are endorsed on the authorization referred to in condition (2) and also on the
shipping bills and where the bond for full difference of duty, if necessary, in terms of condition (6) with or
without a bank guarantee, as the case may be, is executed by the importer and such other person binding
themselves jointly and severally to fulfill the export obligation and all other conditions of this notification and
to pay duty with interest at the rate of 15% per annum in case of default :
(12) that the imports and exports are undertaken through sea ports at Bedi (including Rozi-Jamnagar),
Chennai, Cochin, Dahej, Dhamra, Dharamtar, Dighi, Haldia (Haldia Dock Complex of Kolkata Port), Hazira
(Surat), Kakinada, Kandla, Kattupalli (Tamil Nadu), Kolkata, Krishnapatnam and Ennore (Tamil Nadu) and
Karaikal (Union territory of Puducherry), Magdalla, Mangalore, Marmagoa, Muldwarka, Mumbai,
Mundhra,Nagapattinam, Nhava Sheva, Okha, Paradeep, Pipavav, Porbander, Sikka, Tuticorin, Visakhapatnam
and Vadinar or through any of the airports at Ahmedabad, Bangalore, Bhubaneswar, Calicut, Chennai, Cochin,
Coimbatore, Dabolim (Goa), Delhi, Hyderabad, Indore, Jaipur, Kolkata, Lucknow (Amausi), Mumbai, Nagpur,
Rajasansi (Amritsar), Srinagar, Trivandrum , Varanasi and Visakhapatnam or through any of the Inland
Container Depots at Agra, Ahmedabad, Anaparthy (Andhra Pradesh), Babarpur, Bangalore, Bhadohi, Bhatinda,
Bhilwara, Bhiwadi, Bhusawal, Chheharata (Amritsar), Coimbatore, Dadri, Dappar (Dera Bassi), Daulatabad
(Wanjarwadi and Maliwada), Delhi, Dighi (Pune), Durgapur (Export Promotion Industrial Park), Faridabad,
Garhi Harsaru, Gauhati, Marripalem Village in Taluk of Edlapadu, District Guntur and Tondiarpet (TNPM),
Chennai and Irungattukottai, SIPCOT Industrial Park, Kattrambakkam Village, Sriperumbudur Taluk,
Kanchipuram District, Tamil Nadu and Melapakkam Village (Arakkonam Taluk, Vellore District), Hosur
(Tamil Nadu), NattakkamVillage (Kottayam Taluk and District), Kalinganagar and Tumb Village (Taluka
Umbergaon, District Valsad), Hyderabad, Jaipur, Jallandhar, Jamshedpur, Jodhpur, Kanpur, Karur, Kota,
Kundli, Loni (District Ghaziabad), Ludhiana, Madurai, Malanpur, Mandideep (District Raisen), Miraj,
Moradabad, Nagpur, Nasik, Pimpri (Pune), Pitampur (Indore), Pondicherry, Raipur, Rewari, Rudrapur(Nainital),
Salem, Singanalur, Surat, Surajpur, Tirupur, Tuticorin, Udaipur, Vadodara, Varanasi, , Waluj (Aurangabad)
Talegoan (District Pune), Dhannad Rau (District Indore), Kheda (Pithampur, District Dhar), Patli (Gurgaon),
Irugur Village (Tamil Nadu), Thudiyalur (Tamil Nadu), Chettipalayam (Tamil Nadu) and Veerapandi (Tamil
Nadu) and Marripalem Village in Taluk of Edlapadu, District Guntur or through the Land Customs Station at
Agartala, Amritsar Rail Cargo, Attari Road, Changrabandha, Dawki, Ghojadanga, Hilli, Jogbani, Mahadipur,
Nepalganj Road, Nautanva (Sonauli), Petrapole, Ranaghat, Raxaul, Singhabad and Sutarkhandi or a Special
Economic Zone notified under section 4 of the Special Economic Zones Act, 2005 (28 of 2005):
Provided that the Commissioner of Customs may, by special order or a public notice and subject to
such conditions as may be specified by him, permit import and export through any other sea-port, airport,
inland container depot or through a land customs station within his jurisdiction.
(13) notwithstanding anything contained in condition (8) above, where the Licensing Authority or Re-
gional Authority grants extension of block-wise period for any block(s) or overall period of fulfilment of
export obligation upto a period of two years or regularization of shortfall in export obligation, not exceeding
five percent of such export obligation, the said block-wise period or overall period of export obligation shall be
extended or condoned by the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as
GENERAL EXEMPTION NO. 111 1530
3. Where the goods specified in the said Table are found defective or unfit for use, the said goods may
be re-exported back to the foreign supplier within three years from the date of payment of duty on the
importation thereof:
Provided that at the time of re-export, the goods are identified to the satisfaction of the Deputy Commissioner
of Customs or Assistant Commissioner of Customs, as the case may be, to be the same as the goods which
were imported.
4. This notification, for import of goods specified at Serial Nos.1 and 2 of the said table shall have effect
upto 31st December, 2013.
1A. “Capital goods” has the same meaning as assigned to it in Paragraph 9.12 of the Foreign Trade
Policy;
2. “Export obligation”, -
(1) means obligation on the importer to export to a place outside India, goods manufactured or capable of
being manufactured or services rendered by the use of capital goods imported in terms of this notification.
The export obligation shall be over and above the average level of exports achieved by the importer in the
preceding three licensing years for the same and similar products within the overall export obligation period
including the extended period, if any. Such average shall be the arithmetic mean of export performance in the
last 3 years for the same and
similar products.
Provided that upto 50% of the export obligation may also be fulfilled by export of other good(s)
manufactured or service(s) provided by the importer or his group company or managed hotel, which has the
EPCG authorization subject to the condition that in such cases, additional export obligation imposed shall be
over and above the average exports achieved by the importer or his group company or managed hotel in
preceding three years for both the original and the substitute product(s) / service(s) :
Provided further that in case of export of goods relating to handicraft, handlooms, cottage, tiny
sector, agriculture, animal husbandry, floriculture, horticulture, pisciculture, viticulture, poultry, sericulture,
carpet, coir and jute the importer shall not be required to maintain the average level of exports :
Provided further that in case of export of goods relating to aquaculture(including fisheries), the
importer shall not be required to maintain the average level of exports subject to the condition that EPCG
authorization has been obtained for goods other than fishing trawlers, boats, ships and other similar items.
Provided also that the goods, excepting tools, imported under this notification by the aforesaid sec-
tors, shall not be allowed to be transferred for a period of five years from the date of imports even in cases
GENERAL EXEMPTION NO. 111 1531
where export obligation has been fulfilled. Transfer of capital goods would, however, be permitted within the
group companies, after fulfillment of export obligation but before five years from the date of imports, under
intimation to Regional Authority and jurisdictional Central Excise Authority :
Provided also that the exports made to such countries as notified by the Director General of Foreign
Trade, shall not be counted for fixing average level of exports:
Provided also that exports against only such shipping bills which mention the EPCG authorization No.
and date shall be counted for the discharge of the export obligation;
(2) shall be fulfilled through physical exports and the export proceeds shall be realized in freely convert-
ible currency. However the following categories of supplies, shall also be counted towards fulfillment of
export obligation:
(i) supply of goods against Advance Authorization/Advance Authorization for Annual Requirement/
Duty Free Import Authorization (DFIA);
(ii) supply of goods to Export Oriented Units (EOUs) or Software Technology Parks (STPs) or Elec-
tronics Hardware Technology Parks (EHTPs) or Bio-Technology Parks (BTPs);
(iii) supply of goods to projects financed by multilateral or bilateral agencies or Funds as notified by Depart-
ment of Economic Affairs (DEA), Ministry of Finance (MOF) under International Competitive Bidding
(ICB) in accordance with procedures of those agencies or Funds, where legal agreements provide for tender
evaluation without including customs duty; supply and installation of goods and equipments (single responsi-
bility of turnkey contracts) to projects financed by multilateral or bilateral agencies or Funds as notified by
DEA, MOF under ICB, in accordance with procedures of those agencies/Funds, where bids may have been
invited and evaluated on the basis of Delivery Duty Paid (DDP) prices for goods manufactured abroad;
(iv) supply of goods to any project or purpose in respect of which the Ministry of Finance, by a notifica-
tion, permits import of such goods at zero customs duty and the supply is made under ICB procedure;
(v) supply of goods to mega power projects as provided in sub-clause (ii) of clause (f) of para 8.2 of
Foreign Trade Policy;
(vi) Supply of goods to nuclear power projects through competitive bidding as provided in clause (j) of
para 8.2 of Foreign Trade Policy;
(b) Supply of ITA-1 items to Domestic Tariff Area, provided realization is in free foreign exchange;
(c) Royalty payments received in freely convertible currency and foreign exchange received for Re-
search & Development (R&D) services; and
(d) Payments received in rupee terms for port handling services in terms of chapter 9 of the Foreign
Trade Policy.
GENERAL EXEMPTION NO. 111 1532
3. “Foreign Trade Policy” means the Foreign Trade Policy 2009-2014 published in the gazette of India,
Part II, Section 3, Sub-section (ii) vide notification of the Government of India in the Ministry of Commerce
and Industry, No.1/2009-2014 dated the 27th August, 2009 as amended from time to time;
4. “Licensing Authority or Regional Authority” means the Director General of Foreign Trade appointed
under section 6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer
authorized by him to grant an authorization under the said Act;
5. “Manufacture” has the same meaning as defined in clause (f) of section 2 of the Central Excise Act,
1944 (1 of 1944).
Table
S.No. Description of goods
(1) (2)
1. Capital goods for pre-production, production and post production including second hand capital
goods.
2. Capital goods in Semi Knocked Down (SKD) / Completely Knocked Down (CKD) conditions to
be assembled into capital goods by the importer.
3. Spare parts of CIF value upto 10% of the CIF value of goods specified at Serial Nos.1 and 2 as
actually imported and required for maintenance of capital goods so imported, assembled, or manu-
factured.
4. Spare parts of CIF value upto 10% of the book value of the existing plant and machinery of the
authorization holder.
GENERAL EXEMPTION NO. 112 1533
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods specified in the Table annexed hereto, from,-
(i) so much of the duty of customs leviable thereon which is specified in the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975) as is in excess of the amount calculated at the rate of three percent ad-
valorem, and
(ii) the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3 of the
said Customs Tariff Act, when specifically claimed by the importer.
2. The exemption under this notification shall be subject to the following conditions, namely :-
(1) that the goods imported are covered by a valid authorization issued under the Export Promotion Capital
Goods (EPCG) Scheme in terms of Chapter 5 of the Foreigen Trade Policy permitting import of goods at the
rate of three percent duty and the said authorization is produced for debit by the proper officer of customs at
the time of clearance :
Provided that for import of spare parts specified at Sr.No.4 of the said Table, the validity period of the
authorization shall be deemed to be the period permitted for fulfillment of the export obligation in full :
Provided further that the import of motor cars, sports utility vehicles or all purpose vehicles shall be allowed
only to hotels, travel agents, tour operators or tour transport operators and companies owning or operating
golf resorts, subject to the condition that,-
(i) the total foreign exchange earning from hotel, travel and tourism and golf tourism sectors in current
and preceding three licensing years is rupees one crore fifty lakhs or more;
(ii) the duty saved amount on all EPCG authorizations issued in a licensing year for import of motor cars,
sports utility vehicles or all purpose vehicles shall not exceed 50% of average foreign exchange earnings
from hotel, travel and tourism and golf tourism sectors in preceding three licensing years; and
(iii) the vehicles imported shall be so registered that the vehicle is used for tourist purpose only and a
copy of the registration certificate shall be submitted to the concerned Customs authorities as a confirmation
of import of vehicle within six months from the date of import:
Provided also that the benefit of import of capital goods at concessional duty under this notification for
creation of modern infrastructure shall be extended only to such retailers who have a minimum area of 1000
square metres.
(1A) that the catalyst for one subsequent charge shall be allowed, under the authorization in which plant,
machinery or equipment and catalyst for initial charge have been imported, except in cases where the Re-
gional Authority issues a separate authorization for catalyst for one subsequent charge after the plant, ma-
GENERAL EXEMPTION NO. 112 1534
chinery or equipment and catalyst for initial charge have already been imported.
(2) that the authorization for annual requirement shall indicate export product to be exported under the
authorization. The authorization holder shall submit a Nexus Certificate from an independent Chartered
Engineer (CEC) in the format specified in Appendix 32A of HBP (vol. I) notified under the Foreign Trade
Policy, certifying nexus of imported capital goods with the export product, to the Customs authorities at
the time of clearance of imported capital goods. A copy of the CEC shall be submitted to the concerned
Regional Authority alongwith copy of the bill of entry, within thirty days from the date of import of the Capital
Goods.
(3) that the goods imported shall not be disposed of or transferred by sale or lease or any other manner
till export obligation is completed.
(4) that the importer executes a bond in such form and for such sum and with such surety or security as
may be specified by the Deputy Commissioner of Customs or Assistant Commissioner of Customs binding
himself to comply with all the conditions of this notification as well as to fulfill export obligation on FOB basis
equivalent to eight times the duty saved on the goods imported as may be specified on the authorization, or for
such higher sum as may be fixed or endorsed by the Licensing Authority or Regional Authority in terms of
Para 5.10 of the Handbook of Procedures Vol I, issued under para 2.4 of the Foreign Trade Policy, within a
period of eight years from the date of issue of Authorization, in the following proportions, namely :-
S.No. Period from the date of Proportion of total export obligation
issue of Authorization
(1) (2) (3)
1. Block of 1st to 6th year 50%
2. Block of 7th to 8th year 50%
Provided that the export obligation shall be 75% of the normal export obligation specified above
when fulfilled by export of following green technology products, namely, equipment for solar energy decen-
tralized and grid connected products, bio-mass gassifier, bio-mass or waste boiler, vapour absorption chillers,
waste heat boiler, waste heat recovery units, unfired heat recovery steam generators, wind turbine, solar
collector and parts thereof, water treatment plants, wind mill and wind mill turbine or engine, other generating
sets - wind powered, electrically operated vehicles - motor cars, electrically operated vehicles-lorries and
trucks, electrically operated vehicles - motor cycle and mopeds, and solar cells:
Provided further that for units located in Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram,
Nagaland, Sikkim and Tripura, the export obligation shall be 25% of the normal export obligation specified
above:
Provided also that where the duty saved is not less than rupees one hundred crores, or where the authoriza-
tion is issued to units in the agri export zone as may be notified by the licensing authority or Regional Author-
ity, the export obligation shall be fulfilled within a period of twelve years from the date of issue of authoriza-
tion in the following proportions, namely :-
Provided also that where the capital goods are imported by agro units and units in tiny and cottage sector, the
export obligation shall be fixed equivalent to six times the duty saved on the goods imported as may be
specified on the authrization, or for such higher sum as may be fixed by the licensing authority, within a period
of twelve years from the date of issue of the authorization :
Provided also that where the capital goods are imported for technological upgradation as per conditions
specified in Para 5.8 of the Foreign Trade Policy or by small scale industry units as defined in paragraph 5.2
of the Foreign Trade Policy, as the case may be, the export obligation shall be fixed equivalent to six times the
duty saved on the goods imported as may be specified on the authorization, or for such higher sum as may be
fixed by the Licensing Authority or Regional Authority, within a period of eight years from the date of issue of
authorization subject to the further condition that in the case of Small Scale Industry (SSI) units the landed
Cost Insurance Freight (CIF) value of such imported capital goods under the scheme shall not exceed rupees
fifty lakhs and total investment in plant and machinery after such imports shall not exceed the SSI limit :
Provided also that spares (including refurbished or reconditioned spares), moulds, dies, jigs, fixtures,
tools, refractory for initial lining and catalyst for initial charge, for the existing plant and machinery (imported
earlier, under EPCG or otherwise), shall be allowed to be imported under the EPCG scheme subject to an
export obligation equivalent to 50% of the normal export obligation specified above, to be fulfilled in 8 years
reckoned from the date of issue of the Authorization, subject to the condition that the CIF value of import of
the said spares etc. shall be limited to 10% of the CIF value of the plant and machinery imported under the
EPCG authorization or 10% of the book value of the plant and machinery imported earlier otherwise than
under EPCG Scheme, as the case may be.
Provided also that export obligation of a particular block may be set off against the excess exports
made in the said preceding block(s);
(5) that if the importer does not claim exemption from the additional duty leviable under sub-sections
(1), (3) and (5) of section 3 of the Customs Tariff Act, 1975, the additional duty so paid by him shall not be
taken for computation of the net duty saved for the purpose of fixation of export obligation provided the
Cenvat credit of additional duty paid has not been taken;
(6) that the importer produces within 30 days from the expiry of each block from the date of issue of
authorization or within such extended period as the Deputy Commissioner of Customs or Assistant Commis-
sioner of Customs may allow, evidence to the satisfaction of the Deputy Commissioner of Customs or
Assistant Commissioner of Customs showing the extent of export obligation fulfilled, and where the export
obligation of any particular block is not fulfilled in terms of the preceding condition, the importer shall within
three months from the expiry of the said block pay duties of customs equal to an amount which bears the
GENERAL EXEMPTION NO. 112 1536
same proportion to the duties leviable on the goods, but for the exemption contained herein, which the unful-
filled portion of the export obligation bears to the total export obligation, together with interest at the rate of
15% per annum from the date of clearance of the goods;
(7) where the importer fulfills 75% or more of the export obligation as specified in condition (3) (over
and above 100% of the average export obligation) within half of the period specified for export obligation as
mentioned in condition (3), his balance export obligation shall be condoned and he shall be treated to have
fulfilled the entire export obligation;
(8) that the capital goods imported, assembled or manufactured are installed in the importer’s factory or
premises and a certificate from the Deputy Commissioner of Customs or Assistant Commissioner of Cus-
toms having jurisdiction over importer's factory or premises, as the case may be, is produced confirming
installation and use of capital goods in the importer's factory or premises, within six months from the date of
completion of imports or within such extended period as the Deputy Commissioner of Customs or Assistant
Commissioner of Customs referred to in condition (4) above, as the case may be, may allow::
Provided that in case of import of spares, the installation certificate shall be produced within three
years from the date of import :
Provided further that if the importer is not registered with central excise or if he is a service provider,
as the case may be, he may produce the said certificate of installation and usage issued by an independent
Chartered Engineer :
Coimbatore, Dabolim (Goa), Delhi, Hyderabad, Indore, Jaipur, Kolkata, Lucknow (Amausi), Mumbai, Nagpur,
Rajasansi (Amritsar), Srinagar,Trivandrum, Varanasi and Visakhapatnam or through any of the Inland Con-
tainer Depots at Agra, Ahmedabad, Anaparthy (Andhra Pradesh), Babarpur, Bangalore, Bhadohi, Bhatinda,
Bhilwara, Bhiwadi, Bhusawal, Chheharata (Amritsar), Coimbatore, Dadri, Dappar (Dera Bassi), Daulatabad
(Wanjarwadi and Maliwada), Delhi, Dighi (Pune), Durgapur (Export Promotion Industrial Park), Faridabad,
Garhi Harsaru, Gauhati, Marripalem Village in Taluk of Edlapadu, District Guntur and Tondiarpet (TNPM),
Chennai and Irungattukottai, SIPCOT IndustrialPark, Kattrambakkam Village, Sriperumbudur Taluk,
Kanchipuram District, Tamil Nadu and Melapakkam Village (Arakkonam Taluk, Vellore District), Hosur
(Tamil Nadu), NattakkamVillage (Kottayam Taluk and District), Kalinganagar and Tumb Village (Taluka
Umbergaon, District Valsad), Hyderabad, Jaipur, Jallandhar, Jamshedpur, Jodhpur, Kanpur, Karur, Kota,
Kundli, Loni (District Ghaziabad), Ludhiana, Madurai, Malanpur, Mandideep (District Raisen), Miraj,
Moradabad, Nagpur, Nasik, Pimpri (Pune), Pitampur (Indore), Pondicherry, Raipur, Rewari, Rudrapur(Nainital),
Salem, Singanalur, Surat, Surajpur, Tirupur, Tuticorin, Udaipur, Vadodara, Varanasi, , Waluj (Aurangabad)
Talegoan (District Pune), Dhannad Rau (District Indore), Kheda (Pithampur, District Dhar), Patli (Gurgaon),
Irugur Village (Tamil Nadu), Thudiyalur (Tamil Nadu), Chettipalayam (Tamil Nadu) and Veerapandi (Tamil
Nadu) or through the Land Customs Station at Agartala, Amritsar Rail Cargo, Attari Road, Changrabandha,
Dawki, Ghojadanga, Hilli, Jogbani, Mahadipur, Nepalganj Road, Nautanva (Sonauli), Petrapole, Ranaghat,
Raxaul, Singhabad and Sutarkhandi or a Special Economic Zone notified under section 4 of the Special
Economic Zones Act, 2005 (28 of 2005):
Provided that the Commissioner of Customs may, by special order or a public notice and subject to
such conditions as may be specified by him, permit import and export through any other sea-port, airport,
inland container depot or through a land customs station within his jurisdiction.
(10) notwithstanding anything contained in condition (5) above, where the Licensing Authority or Re-
gional Authority grants extension of block-wise period for any block(s) or overall period of fulfilment of
export obligation upto a period of two years or regularization of shortfall in export obligation, not exceeding
five percent of such export obligation, the said block-wise period or overall period of export obligation shall be
extended or condoned by the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as
the case may be :
Provided that in respect of sick units referred to in the second proviso to condition (3), extension of
overall period of export obligation shall not be allowed :
Provided further that the Regional Authority may grant further extension in the overall period of
export obligation upto a period of further two years if the authorization holder pays fifty percent differential
duty on the unfulfilled portion of export obligation and agrees to fulfill other conditions as may be specified by
the Regional Authority for this purpose;
3. Where the goods specified in the said Table are found defective or unfit for use, the said goods may
be re-exported back to the foreign supplier within three years from the date of payment of duty on the
importation thereof:
Provided that at the time of re-export, the goods are identified to the satisfaction of the Deputy
Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, to be the same as the
goods which were imported.
1A. “Capital goods” has the same meaning as assigned to it in Paragraph 9.12 of the Foreign Trade
Policy;
2. “Export obligation”, -
(1) means obligation on the importer to export to a place outside India, goods manufactured or capable of
being manufactured or services rendered by the use of capital goods imported in terms of this notification.
The export obligation shall be over and above the average level of exports achieved by the importer in the
preceding three licensing years for the same and similar products within the overall export obligation period
including the extended period, if any. Such average shall be the arithmetic mean of export performance in the
last 3 years for the same and similar products.
Provided that upto 50% of the export obligation may also be fulfilled by export of other good(s)
manufactured or service(s) provided by the importer or his group company or managed hotel, which has the
EPCG authorization subject to the condition that in such cases, additional export obligation imposed shall be
over and above the average exports achieved by the importer or his group company or managed hotel in
preceding three years for both the original and the substitute product(s) / service(s) :
Provided further that in case of export of goods relating to handicraft, handlooms, cottage, tiny
sector, agriculture, animal husbandry, floriculture, horticulture, pisciculture, viticulture, poultry, sericulture, car-
pet, coir and jute the importer shall not be required to maintain the average level of exports :
Provided further that in case of export of goods relating to aquaculture(including fisheries), the
importer shall not be required to maintain the average level of exports subject to the condition that EPCG
authorization has been obtained for goods other than fishing trawlers, boats, ships and other similar items.
Provided also that the goods, excepting tools, imported under this notification by the aforesaid sec-
tors, shall not be allowed to be transferred for a period of five years from the date of imports even in cases
where export obligation has been fulfilled. Transfer of capital goods would, however, be permitted within the
group companies, after fulfillment of export obligation but before five years from the date of imports, under
intimation to Regional Authority and jurisdictional Central Excise Authority :
Provided also that the exports made to such countries as notified by the Director General of Foreign
Trade, shall not be counted for fixing average level of exports
Provided also that exports against only such shipping bills which mention the EPCG authorization No.
and date shall be counted for the discharge of the export obligation;
(2) shall be fulfilled through physical exports and the export proceeds shall be realized in freely convert-
ible currency. However the following categories of supplies, shall also be counted towards fulfillment of
export obligation:
(i) supply of goods against Advance Authorization/Advance Authorization for Annual Requirement/
GENERAL EXEMPTION NO. 112 1539
(ii) supply of goods to Export Oriented Units (EOUs) or Software Technology Parks (STPs) or Elec-
tronics Hardware Technology Parks (EHTPs) or Bio-Technology Parks (BTPs);
(iii) supply of goods to projects financed by multilateral or bilateral agencies or Funds as notified by
Department of Economic Affairs (DEA), Ministry of Finance (MOF) under International Competitive Bid-
ding (ICB) in accordance with procedures of those agencies or Funds, where legal agreements provide for
tender evaluation without including customs duty; supply and installation of goods and equipments (single
responsibility of turnkey contracts) to projects financed by multilateral or bilateral agencies or Funds as
notified by DEA, MOF under ICB, in accordance with procedures of those agencies/Funds, where bids may
have been invited and evaluated on the basis of Delivery Duty Paid (DDP) prices for goods manufactured
abroad;
(iv) supply of goods to any project or purpose in respect of which the Ministry of Finance, by a notifica-
tion, permits import of such goods at zero customs duty and the supply is made under ICB procedure;
(v) supply of goods to mega power projects as provided in sub-clause (ii) of clause (f) of para 8.2 of
Foreign Trade Policy;
(vi) Supply of goods to nuclear power projects through competitive bidding as provided in clause (j) of
para 8.2 of Foreign Trade Policy;
(b) Supply of ITA-1 items to Domestic Tariff Area, provided realization is in free foreign exchange;
(c) Royalty payments received in freely convertible currency and foreign exchange received for Re-
search & Development (R&D) services; and
(d) Payments received in rupee terms for port handling services in terms of chapter 9 of the Foreign
Trade Policy.
3. “Foreign Trade Policy” means the Foreign Trade Policy 2009-2014 published in the gazette of India,
Part II, Section 3, Sub-section (ii) vide notification of the Government of India in the Ministry of Commerce
and Industry, No.1/2009-2014 dated the 27th August, 2009 as amended from time to time;
4. “Licensing Authority or Regional Authority” means the Director General of Foreign Trade appointed
under section 6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer
authorized by him to grant an authorization under the said Act;
5. “Manufacture” has the same meaning as defined in clause (f) of section 2 of the Central Excise Act,
1944 (1 of 1944).
Table
S.No. Description of goods
(1) (2)
1. Capital goods for pre-production, production and post production including second hand capital
goods.
2. Capital goods in Semi Knocked Down (SKD) / Completely Knocked Down (CKD) conditions to
be assembled into capital goods by the importer.
3. Spare parts of CIF value upto 10% of the CIF value of goods specified at Serial Nos.1 and 2 as
GENERAL EXEMPTION NO. 112 1540
actually imported and required for maintenance of capital goods so imported, assembled, or
manufactured.
4. Spare parts of CIF value upto 10% of the book value of the existing plant and machinery of the
authorization holder.
5. Motor cars, sports utility vehicles/all purpose vehicles.
GENERAL EXEMPTION NO. 113 1541
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts -
(i) capital goods; and
(ii) components and spares and parts, for capital goods imported earlier,
when imported into India against a duty credit scrip issued under the Status Holders Incentive Scheme in
accordance with paragraph 3.16 of the Foreign Trade Policy (hereinafter referred to as the said scrip),
(a) from the whole of the duty of customs leviable thereon under the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975), and
(b) from the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section
3 of the said Customs Tariff Act, 1975,
(1) that the said scrip has been issued by the licensing Authority to a status holder against exports of the
products of the sectors, namely, leather (excluding finished leather), textiles and jute , handicrafts, engineer-
ing (excluding iron and steel, non-ferrous metals in primary or intermediate forms, automobiles and two-
wheelers, nuclear reactors and parts and ships,boats and floating structures), plastic and basic chemicals
(excluding pharma products) made during 2009-10, 2010-11, 2011-12 or 2012-13 or against exports of the
products mentioned below made during 2010-11, 2011-12 or 2012-13 namely:-
(a) the following chemical and allied products (other than bulk minerals, granite or stones, processed
minerals, cement, clinkers and asbestos):-
(i) rubber products covered under headings 4001 to 4010 and 4014 to 4017 of the First Sched-
ule to the Customs Tariff Act, 1975 (51 of 1975);
(ii) paints, varnishes and allied products covered under headings 3208, 3209 and 3210 of the
First Schedule to the Customs Tariff Act, 1975 (51 of 1975);
(iii) glass and glassware covered under Chapter 70 of the First Schedule to the Customs Tariff
Act, 1975 (51 of 1975);
(iv) plywood and allied products covered under Chapter 44 of the First Schedule to the Cus-
toms Tariff Act, 1975 (51 of 1975);
(v) ceramics or refractories covered under Chapter 69 of the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975);
(vi) paper, paper boards and paper products covered under Chapter 48 of the First Schedule to
the Customs Tariff Act, 1975 (51 of 1975);
(vii) books, publications and printings covered under Chapter 49 of the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975);
GENERAL EXEMPTION NO. 113 1542
Provided that the exports of the products of the above said sectors, made during 2009-10 and 2010-
11 shall only be considered for entitlement under the scheme:
(2) that the said scrip has not been issued in violation of the condition contained in the sub-paragraph (5)
of paragraph 2 of notification No.101 of 2009-Customs, dated the 11th September, 2009 or sub-paragraph (4)
of paragraph 2 of notification No.102 of 2009-Customs, dated the 11th September, 2009 or the second proviso
to sub-paragraph (1) of paragraph 2 of notification No. 05 of 2013-Customs, dated the 18th February, 2013 or
sub-paragraph (3) of paragraph 2 of notification No. 22 of 2013-Customs, dated the 18th April, 2013 or first
proviso to sub-paragraph (1) of paragraph 2 of notification No. 23 of 2013-Customs, dated the 18th April,
2013 as the case may be.
Provided further that the said scrip has not been issued in violation of the condition contained in Para
2(4) of notification No. 102/09-Cus dated the 11th September, 2009 pertaining to Zero Duty EPCG scheme or
Para 2(5) of notification No.101/09-Cus. dated the 11th September, 2009 pertaining to Zero Duty EPCG
scheme for Common Service Providers, as the case may be.
Provided further that, the exports specified in the Table annexed to the notification shall not be
considered for computation of entitlement under the scheme;
(3) that the said scrip is produced before the proper officer of customs at the time of clearance for debit
of the duties leviable on the goods and the proper officer of customs taking into account the debits already
made under this exemption and debits made under the notification No. 33 of 2012-Central Excise, dated the
9th July, 2012, shall debit the duties leviable on the goods, but for this exemption;
(4) that the said scrip shall be non-transferable and shall be used for import of capital goods relating to
the sectors specified in condition (1):
GENERAL EXEMPTION NO. 113 1543
Provided that the capital goods specified in appendix 37B of the Hand Book of Procedures volume 1
shall not be allowed for import:
Provided further that the import of components and spares and parts against the said scrip shall be
allowed only -
(i) in respect of capital goods imported earlier,
(ii) in respect of capital goods imported relating to the sectors specified in condition (1), and
(iii) upto ten per cent. of the duty credit amount in the said scrip originally issued:
Provided also that the said scrip shall be transferable amongst the status holders subject to the condition
that the transferee status holder is a manufacturer and such transfer is endorsed by the Regional Authority,
during the period of validity of the said scrip, mentioning the sectors for which the transferee has manufacturing
facility and for which the transfer is granted:
Provided also that the transfer of the said scrip shall be allowed within the group company as defined in
para 9.28 of the Foreign Trade Policy, if the said group company is a manufacturer and such transfer is
endorsed by the Regional Authority during the period of validity of the said scrip, mentioning the sectors for
which the transferee has manufacturing facility and for whichthe transfer is granted
Provided also that upon such transfer, the validity of the said scrip shall remain unchanged.
(5) that the capital goods imported against the said scrip shall be subject to actual user condition and the
importer at the time of clearance of the said capital goods, shall furnish an undertaking to this effect to the
Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, that in case
of non compliance of the said condition, he shall pay on demand an amount equal to the duty leviable, but for
the exemption contained herein together with interest at the rate of fifteen percent per annum from the date
of clearance of the said materials;
(5A) that the components and spares and parts, for capital goods imported earlier, imported against the
said scrip shall be meant for use in the capital goods already imported and subject to actual user condition and
the importer at the time of clearance of the said components and spares and parts, shall furnish an undertak-
ing to this effect to the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the
case may be, that in case of non compliance of the said condition, he shall pay on demand an amount equal to
the duty leviable, but for the exemption contained herein together with interest at the rate of fifteen percent.
per annum from the date of clearance of the said materials.
(6) that the imports and exports are undertaken through seaports at Bedi (including Rozi-Jamnagar),
Chennai, Cochin, Dahej, Dhamra, Dharamtar, Dighi, Haldia (Haldia Dock Complex of Kolkata Port), Hazira
(Surat), Kakinada, Kandla, Kattupalli (Tamil Nadu), Kolkata, Krishnapatnam and Ennore (Tamil Nadu) and
Karaikal (Union territory of Puducherry), Magdalla, Mangalore, Marmagoa, Muldwarka, Mumbai, Mundhra,
Nagapattinam, Nhava Sheva, Okha, Paradeep, Pipavav, Porbander, Sikka, Tuticorin, Visakhapatnam and
Vadinar or through any of the airports at Ahmedabad, Bangalore, Bhubaneswar, Calicut, Chennai, Cochin,
Coimbatore, Dabolim (Goa), Delhi, Hyderabad, Indore, Jaipur, Kolkata, Lucknow (Amausi), Mumbai, Nagpur,
Rajasansi (Amritsar), Srinagar, Trivandrum , Varanasi and Visakhapatnam or through any of the Inland
Container Depots at Agra, Ahmedabad, Anaparthy (Andhra Pradesh), Babarpur, Bangalore, Bhadohi, Bhatinda,
Bhilwara, Bhiwadi, Bhusawal, Chheharata (Amritsar), Coimbatore, Dadri, Dappar (Dera Bassi), Daulatabad
(Wanjarwadi and Maliwada), Delhi, Dighi (Pune), Durgapur (Export Promotion Industrial Park), Faridabad,
Garhi Harsaru, Gauhati, Marripalem Village in Taluk of Edlapadu, District Guntur and Tondiarpet (TNPM),
GENERAL EXEMPTION NO. 113 1544
Chennai and Irungattukottai, SIPCOT Industrial Park, Kattrambakkam Village, Sriperumbudur Taluk,
Kanchipuram District, Tamil Nadu and Melapakkam Village (Arakkonam Taluk, Vellore District), Hosur
(Tamil Nadu), NattakkamVillage (Kottayam Taluk and District), Kalinganagar and Tumb Village (Taluka
Umbergaon, District Valsad), Hyderabad, Jaipur, Jallandhar, Jamshedpur, Jodhpur, Kanpur, Karur, Kota,
Kundli, Loni (District Ghaziabad), Ludhiana, Madurai, Malanpur, Mandideep (District Raisen), Miraj,
Moradabad, Nagpur, Nasik, Pimpri (Pune), Pitampur (Indore), Pondicherry, Raipur, Rewari, Rudrapur(Nainital),
Salem, Singanalur, Surat, Surajpur, Tirupur, Tuticorin, Udaipur, Vadodara, Varanasi, , Waluj (Aurangabad)
Talegoan (District Pune), Dhannad Rau (District Indore), Kheda (Pithampur, District Dhar), Patli (Gurgaon),
Irugur Village (Tamil Nadu), Thudiyalur (Tamil Nadu), Chettipalayam (Tamil Nadu) and Veerapandi (Tamil
Nadu) (Tamil Nadu) and Marripalem Village in Taluk of Edlapadu, District Guntur or through the Land
Customs Station at Agartala, Amritsar Rail Cargo, Attari Road, Changrabandha, Dawki, Ghojadanga, Hilli,
Jogbani, Mahadipur, Nepalganj Road, Nautanva (Sonauli), Petrapole, Ranaghat, Raxaul, Singhabad and
Sutarkhandi or a Special Economic Zone notified under section 4 of the Special Economic Zones Act, 2005
(28 of 2005):
Provided that the Commissioner of Customs may with in the jurisdiction , by special order, or by a
Public Notice, and subject to such conditions as may be specified by him, permits import and export from any
other seaport/airport/inland container depot or through any land customs station;
(7) that where the importer does not claim exemption from the additional duty of customs leviable under
sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff Act, he shall be deemed not to have
availed the exemption from the said duty for the purpose of calculation of the said additional duty of customs;
(8) that the importer shall be entitled to avail of the drawback or CENVAT credit of additional duty
leviable under sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff Act against the amount
debited in the said scrip.
Table
S.No. Description
(1) (2)
1. EOUs / EHTPs / BTPs who are availing direct tax benefits or exemption
2. Export of imported goods covered under para 2.35 of the FTP .
3. Exports through transhipment, meaning thereby that exports originating in third country but tran-
shipped through India
4. Deemed exports
5 Exports made by Special Economic Zone units or Special Economic Zone products
exported through Domestic Tariff Area units
6 Export of items, which are restricted or prohibited for export under Schedule-2 of Export Policy in
ITC (HS).
7 The exports made by the Status Holders during a particular year, if benefits are availed under
Technology Upgradation Fund scheme (TUFS) of Ministry of Textiles in that year.
(i) “Capital goods” means any plant, machinery, equipment or accessories required for manufacture or
production, either directly or indirectly, of goods or for rendering services, including those required for re-
placement, modernization, technological up gradation or expansion. It also includes packaging machinery and
equipment, refractories for initial lining, refrigeration equipment, power generating sets, machine tools, cata-
lysts for initial charge, equipment and instruments for testing, research and development, quality and pollution
GENERAL EXEMPTION NO. 113 1545
control. Capital goods may be for use in manufacturing, mining, agriculture, aquaculture, animal husbandry,
floriculture, horticulture, pisciculture, poultry, sericulture and viticulture as well as for use in services sector.
(ia) “Component” means one of the parts of a sub-assembly or assembly of which a manufactured
product is made up and into which it may be resolved and it includes an accessory or attachment to another
component.
(ib) “Spares” means a part or a sub-assembly or assembly for substitution, that is ready to replace an
identical or similar part or sub-assembly or assembly and it includes a component or an accessory.
(ic) “Part” means an element of a sub-assembly or assembly not normally useful by itself, and not
amenable to further disassembly for maintenance purposes which may be a component, spare or an acces-
sory.
(ii) “Foreign Trade Policy” means the Foreign Trade Policy 2009-2014, published by the Government of
India in the Ministry of Commerce and Industry vide notification No.01/2009-14, dated the 27th August,
2009, as amended from time to time.
(iii) “Licensing Authority or Regional Authority " means the Director General of Foreign Trade appointed
under section 6 of the Foreign Trade (Development and Regulation ) Act,1992 (22 of 1992) or an officer
authorised by him to grant a licence under the said Act.
GENERAL EXEMPTION NO. 114 1546
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts materials required for the manufacture of the final goods when imported into India, from whole of
the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)
and from the whole of the additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3,
safeguard duty leviable thereon under Section 8B, and anti-dumping duty leviable thereon under Section 9A
of the said Customs Tariff Act, except to the extent specified in para 2 to this notification, subject to the
following conditions, namely:-
(i) that the importer has been granted Advance Authorisation for deemed export by the Regional Au-
thority in terms of Paragraph 4.1.3(iii) of the Foreign Trade Policy permitting import of the said materials
(hereinafter referred to as the said authorisation);
(ii) that the said authorisation is produced before the proper officer of customs at the time of clearance
for debit;
(iii) that the said authorisation contains endorsements specifying, inter alia,-
(a) the description, quantity and value of materials allowed to be imported under the said
authorisation; and
(b) the description and quantity of final goods to be manufactured out of, or with, the imported
materials;
(iv) that in respect of imports made before the discharge of export obligation, the importer at the time of
clearance of the imported materials executes a bond with such surety or security, in such form and for such
sum as may be specified by the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as
the case may be, binding himself to pay on demand an amount equal to the duty leviable, but for the exemption
contained herein, on the imported materials in respect of which the conditions specified in this notification are
not complied with, together with interest at the rate of fifteen percent per annum from the date of clearance
of the said materials;
(v) that in respect of imports made after the discharge of export obligation, if facility under rule 18 or
sub-rule (2) of rule 19 of the Central Excise Rules, 2002 or the CENVAT Credit under CENVAT Credit
Rules, 2004 has been availed, then the importer shall, at the time of clearance of the imported materials
furnish a bond to the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case
may be, binding himself, to use the imported materials in his factory or in the factory of his supporting
manufacturer for the manufacture of dutiable goods and to submit a certificate, from the jurisdictional Central
Excise officer or from a specified chartered accountant within six months from the date of clearance of the
said materials, that the imported materials have been so used:
GENERAL EXEMPTION NO. 114 1547
Provided further that if the importer pays additional duty of customs leviable on the imported materials but for
the exemption contained herein, then the imported materials may be cleared without furnishing a bond speci-
fied in this condition and the additional duty of customs so paid shall be eligible for availing CENVAT Credit
under the CENVAT Credit Rules, 2004;
(vi) that in respect of imports made after the discharge of export obligation, and if facility under rule 18 or
sub-rule 2 of rule 19 of the Central Excise Rules, 2002 or the CENVAT credit under CENVAT Credit Rules,
2004 has not been availed and the importer furnishes proof to this effect to the satisfaction of the Deputy
Commissioner of Customs or the Assistant Commissioner of Customs, as the case may be, then the imported
materials may be cleared without furnishing a bond specified in condition (v);
(vii) that the imports and exports are undertaken through seaports at Bedi (including Rozi-Jamnagar),
Chennai, Cochin, Dahej, Dhamra, Dharamtar, Dighi, Haldia (Haldia Dock Complex of Kolkata Port), Hazira
(Surat), Kakinada, Kandla, Kattupalli (Tamil Nadu), Kolkata, Krishnapatnam and Ennore (Tamil Nadu) and
Karaikal (Union territory of Puducherry), Magdalla, Mangalore, Marmagoa, Muldwarka, Mumbai,
Mundhra,Nagapattinam, Nhava Sheva, Okha, Paradeep, Pipavav, Porbander, Sikka, Tuticorin, Visakhapatnam
and Vadinar or through any of the airports at Ahmedabad, Bangalore, Bhubaneswar, Calicut, Chennai, Cochin,
Coimbatore, Dabolim (Goa), Delhi, Hyderabad, Indore, Jaipur, Kolkata, Lucknow (Amausi), Mumbai, Nagpur,
Rajasansi (Amritsar), Srinagar, Trivandrum, Varanasi and Visakhapatnam or through any of the Inland Con-
tainer Depots at Agra, Ahmedabad, Anaparthy (Andhra Pradesh), Babarpur, Bangalore, Bhadohi, Bhatinda,
Bhilwara, Bhiwadi, Bhusawal, Chheharata (Amritsar), Coimbatore, Dadri, Dappar (Dera Bassi), Daulatabad
(Wanjarwadi and Maliwada), Delhi, Dighi (Pune), Durgapur (Export Promotion Industrial Park), Faridabad,
Garhi Harsaru, Gauhati, Marripalem Village in Taluk of Edlapadu, District Guntur and Tondiarpet (TNPM),
Chennai and Irungattukottai, SIPCOT Industrial Park, Kattrambakkam Village, Sriperumbudur Taluk,
Kanchipuram District, Tamil Nadu and Melapakkam Village (Arakkonam Taluk, Vellore District), Hosur
(Tamil Nadu), NattakkamVillage (Kottayam Taluk and District), Kalinganagar and Tumb Village (Taluka
Umbergaon, District Valsad), Hyderabad, Jaipur, Jallandhar, Jamshedpur, Jodhpur, Kanpur, Karur, Kota,
Kundli, Loni (District Ghaziabad), Ludhiana, Madurai, Malanpur, Mandideep (District Raisen), Miraj,
Moradabad, Nagpur, Nasik, Pimpri (Pune), Pitampur (Indore), Pondicherry, Raipur, Rewari, Rudrapur(Nainital),
Salem, Singanalur, Surat, Surajpur, Tirupur, Tuticorin, Udaipur, Vadodara, Varanasi, , Waluj (Aurangabad)
Talegoan (District Pune), Dhannad Rau (District Indore), Kheda (Pithampur, District Dhar), Patli (Gurgaon),
Irugur Village (Tamil Nadu), Thudiyalur (Tamil Nadu), Chettipalayam (Tamil Nadu) and Veerapandi (Tamil
Nadu) (Tamil Nadu) and Marripalem Village in Taluk of Edlapadu, District Guntur or through the Land
Customs Station at Agartala, Amritsar Rail Cargo, Attari Road, Changrabandha, Dawki, Ghojadanga, Hilli,
Jogbani, Mahadipur, Nepalganj Road, Nautanva (Sonauli), Petrapole, Ranaghat, Raxaul, Singhabad and
Sutarkhandi or a Special Economic Zone notified under section 4 of the Special Economic Zones Act, 2005
(28 of 2005):
Provided that the Commissioner of Customs may within the jurisdiction , by special order, or by a
public notice, and subject to such conditions as may be specified by him, permit import and export from any
other seaport/airport/inland container depot or through any land customs station;
(viii) that the export obligation as specified in the said authorization (both in value and quantity terms) is
discharged within the period specified in the said authorization or within such extended period as may be
granted by the Regional Authority by supplying final goods manufactured in India which are specified in the
said authorization;
GENERAL EXEMPTION NO. 114 1548
goods to the satisfaction of the said Deputy Commissioner of Customs or Assistant Commissioner of Cus-
toms, as the case may be, within a period of sixty days from the expiry of the period allowed for fulfilment of
obligation or within such extended period as the Deputy Commissioner of Customs or Assistant Commis-
sioner of Customs, as the case may be, may allow;
(x) that the said authorisation shall not be transferred and the said materials shall not be transferred or
sold :
Provided that the said materials may be transferred to a job worker for processing subject to comply-
ing with the conditions specified in the relevant goods and services tax provisions permitting transfer of
materials for job work:
Provided further that no such transfer for purposes of job work shall be effected to the units located
in areas eligible for area based exemptions from the levy of excise duty in terms of notification Nos. 49/03-
CE and 50/03-CE both dated 10th June,2003, 32/99-CE dated 8th July,1999, 33/99-CE dated 8th July,1999, 8/
04-CE dated 21stJanuary,2004, 20/07-CE dated 25th April,2007,56/02-CE dated 14th November, 2002,57/02-
CE dated 14th November,2002, 71/03-CE dated 9th September,2003, 56/03-CE dated 25th June,2003 and 39/
01-CE dated 31st July, 2001;
(xi) that components and parts, required for manufacture of final goods which are wholly exempted from
payment of excise duty when removed from the factory of production, may be taken directly from the port of
import to the project site as per the procedures and limitations, if any, laid down by the Board in this regard
subject to the condition that description and quantity of such components and parts and the address of the site
have been specified in the said authorization.
2. The exemption from safeguard duty and anti-dumping duty shall not be available in respect of mate-
rials required for final goods specified in paragraph 1 which are covered under sub-clauses (a), (b), (c), (i)
and (j) of clause (iii) of the explanation to this notification.
3. The materials required for the manufacture of the final goods, when imported into India and supplied
to Export Oriented Unit, Electronic Hardware Technology Park and Software Technology Park, shall be
exempted from the whole of the duty of customs leviable thereon, under the First Schedule to the said
Customs Tariff Act and from the whole of the additional duty leviable thereon under sub-sections (1), (3) and
(5) of section 3, safeguard duty leviable thereon under Section 8B, and anti-dumping duty leviable thereon
under Section 9A of the said Customs Tariff Act subject to the conditions mentioned in Paragraph 1.
(ii) “Electronic Hardware Technology Parks”, “Export Oriented Units” and “Software Technology Parks”
have the same meaning as assigned to them in paragraph 9.23, 9.24 and 9.60 of the Foreign Trade Policy
respectively;
(a) supply of goods against the Advance Authorisation scheme or the Advance Authorisation for
Annual Requirement or the Duty Free Import Authorisation Scheme or the Duty Free Re-
plenishment Certificate under the Duty Exemption/Remission Scheme;
(b) supply of goods made to Export Oriented Units or Software Technology Parks or Electronic
Hardware Technology Parks ;
(c) supply of goods to the holders of licence under Chapter 5 of the Foreign Trade Policy;
(d) supply of goods made to projects financed by multilateral or bilateral Agencies or funds as
notified by the Government of India in the Ministry of Finance (Department of Economic
Affairs) under the International Competitive Bidding in accordance with the procedures of
those Agencies or funds where the agreement provides for tender evaluation without includ-
ing the duties of customs;
(e) supply and installation of goods and equipment (single responsibility of turnkey contracts) to
projects financed by multilateral or bilateral agencies or funds as notified by the Government
of India in the Ministry of Finance (Department of Economic Affairs) under international
competitive bidding in accordance with the procedures of those agencies or funds, where
the bids have been invited and evaluated on the basis of Delivered Duty Paid (DDP) prices
for the goods manufactured abroad;
(f) supply of capital goods either in assembled or unassembled or disassembled condition includ-
ing plant, machinery, accessories, tools, dies and such other goods used for installation pur-
poses till the stage of commercial production and spares to the extent of ten per cent. of the
Free on Rail value of such capital goods for fertilizer plants where such supplies are made
after following the procedure of International Competitive Bidding without including the
duties of customs;
(g) supply of goods to any project or purpose in respect of which the Government of India in the
Ministry of Finance, by notification, permits the import of such goods at Zero duty of cus-
toms and where such supplies are made after following the procedure of International Com-
petitive Bidding without including the duties of customs;
(h) supply of goods to power and refinery projects not covered under sub-clause (g) where such
supplies are made after following the procedure of International Competitive Bidding with-
out including the duties of customs;
(i) supply of Marine Freight Containers by Export Oriented Units namely, Domestic freight
containers manufacturers where such containers are exported out of India within a period of
six months or such further period as may be permitted by the Deputy Commissioner of
Customs or the Assistant Commissioner of Customs, as the case may be;
(k) supply of goods to nuclear power projects where such supply is made after following the
GENERAL EXEMPTION NO. 114 1550
(iv) “Foreign Trade Policy” means the Foreign Trade Policy 2009-2014, published by the Government of
India in the Ministry of Commerce and Industry vide notification No.1 /2009-2014, dated the 27th August
2009 as amended from time to time;
(v) “Licensing Authority” means the Director General of Foreign Trade appointed under section 6 of the
Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorized by him to grant
a licence under the said Act;
(vi) “Materials” means -
(a) raw materials, components, intermediates, consumables, catalysts and parts which are required for
manufacture of final goods;
(b) mandatory spares within a value limit of ten per cent. of the value of the licence which are required
to be exported along with the final goods;
(vii) “Regional Authority” has the same meaning as assigned to it in paragraph 9.49.1 of the Foreign
Trade Policy; and
(viii) “Specified Chartered Accountant” means a statutory auditor or a Chartered Accountant who certi-
fies the importer’s financial records under the Companies Act, 1956 (1 of 1956) or the Income Tax Act, 1961
( 43 of 1961) or the Sales Tax or the Value Added Tax laws of the State Government.
GENERAL EXEMPTION NO. 115 1551
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts the goods specified in column (2) of the Table annexed hereto when imported into India from
Bangladesh from the whole of the duty of customs leviable thereon under the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975), subject to the following conditions, namely:--
(i) the importer produces evidence to the satisfaction of the Assistant Commissioner of Customs or
Deputy Commissioner of Customs, as the case may be, that such goods have, in fact, been locally
produced in Bangladesh and are imported into India through the land route from Balat, Kalaichar,
Srinagar (Tripura) or *Kamalasagar (Tripura)land customs station for sale in Balat, Kalaichar,
Srinagar (Tripura)or *Kamala sagar(Tripura) border haats, as the case may be;
(ii) this notification shall apply to goods produced in Bangladesh and brought into India from such border
haat by an individual in such quantities which are reasonable for bona fide personal or family
consumption and having an estimated total value not exceeding US$ 200 during a day.
(iii) this notification shall not be applicable to tobacco products or products containing tobacco or alcohol.
Table
Explanation.- For the purposes of this notification, the term “locally produced” shall mean produce of the
concerned border district.
In exercise of the powers conferred by section 156 of the Customs Act, 1962 (52 of 1962), the
Central Government hereby makes the following rules, namely :-
1. Short title and commencement. - (1) these rules may be called the Customs (import of Goods at
Concessional Rate of duty for Manufacture of Excisable Goods) Rules, 1996.
(2) They shall come into force on the First day of September, 1996.
2. Application. - (1) These rules shall apply to an importer who intends to avail of the benefit of an
exemption notification issued under sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962) and
where the benefit of such exemption is dependent upon the use of imported goods covered by the notification
for the manufacture of any excisable commodity.
(1A) These rule shall apply only in respect of such exemption notification which prescribes for the
observance of these rules;
(2) These rules shall also apply even if the excisable goods in or in relation to the manufacture of
which the imported goods are used are not chargeable to excise duty or are exempted from whole of the
excise duty.
(2) The registration shall contain particulars about the name and address of the manufacturer,
the excisable goods produced in his factory, the nature and description of imported goods used in the manufacture
of such goods.
(3) The Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise
shall issue a certificate to the manufacturer indicating the particulars referred to in sub-rule (2).
4. Application by the manufacturer to obtain the benefit. - (1) A manufacturer who has obtained
a certificate referred to in sub-rule (3) of rule 3 and intends to import any goods for use in his factory at
concessional rate of duty, shall make an application to this effect to the Assistant Commissioner of Central
Excise or Deputy Commissioner of Central Excise indicating the estimated quantity and value of such goods
to be imported, particulars of the notification applicable on such import and the port of import.
(1A) The manufacturer may, at his option, file the application specified under sub-rule (1) either in
respect of a particular consignment or indicating his estimated requirement of such goods for a quarter.
GENERAL EXEMPTION NO. 116 1553
(2) The manufacturer shall also give undertaking on the application that the imported goods shall
be used for the intended purpose.
(3) The application shall be countersigned by the Assistant Commissioner of Central Excise or
Deputy Commissioner of Central Excise who shall certify therein that the manufacturer is registered in his
office and has executed a bond with surety or security to his satisfaction in respect of end use of the imported
goods in the manufacturer's factory and indicate the particulars of such bond.
5. Procedure to be followed by Assistant Commissioner of Customs or Deputy Commissioner
of Customs: (1) On the basis of the application countersigned by the Assistant Commissioner of Central
Excise or the Deputy Commissioner of Central Excise, the Assistant Commissioner of Customs or Deputy
Commissioner of Customs at the Port of importation shall allow the benefit of the exemption notification to
the importer.
Provided that where the importer has filed the application in respect of his estimated requirement for
a quarter, the said Assistant Commissioner of Customs or Deputy Commissioner of Customs shall debit in the
said application, the quantity and value of imports made under a particular consignment, also indicating
particulars of the bill of entry, before allowing the benefit of the exemption notification to the importer.
(2) The Assistant Commissioner of Customs or Deputy Commissioner of Customs shall forward
a copy of the bill of entry containing the particulars of import, the amount of duty paid and other relevant
particulars to the Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise.
(a) give information of the receipt of the imported goods in his factory, within two days (excluding
holiday, if any) of such receipt, to the superintendent of Central Excise, having Jurisdiction over his factory;
and
(b) maintain a simple account indicating the quantity and value of goods imported, the quantity of
imported goods consumed for the intended purpose, and the quantity remaining in stock, bill of entry wise and
shall produce the said account as and when required by the Assistant Commissioner of Central Excise or
Deputy Commissioner of Central Excise.
8. Recovery of duty in certain cases. - The Assistant Commissioner of Central Excise or Deputy
Commissioner of Central Excise shall ensure that the goods imported are used by the manufacturer for the
intended purpose and in case they are not so used take action to recover the amount equal to the difference
between the duty leviable on such goods but for the exemption and that already paid, if any, at the time of
importation, along with interest, at the rate fixed by notification issued under Section 28AB of the Customs
Act, 1962, for the period starting from the date of importation of the goods on which the exemption was
availed and ending with the date of actual payment of the entire amount of the difference of duty that he is
liable to pay.
GENERAL EXEMPTION NO. 117 1554
Nil duty or 5% duty on specified goods when imported into India for use in the manufacture of the
finished goods
[Notfn.No. 25/99-Cus. dt. 28.2.1999 as amended by Notfn. No. 60/99, 20/00, 54/00, 20/01, 26/02,
57/02,108/02, 8/03, 28/03, 9/04, 70/04, 22/05, 25/08,20/10, 117/11,16/12, 17/16, 36/19, 05/2020]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52
of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts the goods specified in column (3) of Table below, and falling under the Chapters or heading or
sub-heading or tariff items of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) specified in the
corresponding entry in column (2) of the said Table, when imported into India for use in the manufacture
of the finished goods specified in the corresponding entry in column (4) of the said Table, from so much
of that portion of the duty of customs leviable, thereon which is specified in the said First Schedule, as is in
excess of the amount calculated at the rate of,-
(a) Nil in the case of the imported goods specified in List A; and
Provided that the importer follows the procedure set out in the Customs (Import of Goods at
Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 1996.
TABLE
S. Chapter Description of imported goods Description of finished goods
No. or heading or
sub-heading or
tariff item
(1) (2) (3) (4)
LIST A
1. 15, 29, 32, Alpha cellulose paper/cotton paper; Electrical Copper clad laminates-phenolic or
34, 39, 48, grade kraft paper; Tung oil; Volan/Silane paper phenolic or glas-epoxy types;
70 treated glass fabric/cloth composite type copper clad lami-
nates; printed circuit boards.
3. 25, 28, 40, Strontium carbonate; garnet powder; stud pins; Glass shells/parts for colour picture
70, 84, 85 Titanium dioxide; sodium antimonate; rubber tubes; glass shell/parts of cathode ray
sleeve tubes
4. Omitted
GENERAL EXEMPTION NO. 117 1555
8. 28, 29, 32, Copper plating salts, their brightners, levellers, Printed Circuit Boards.
38, 39, 68, conditioners, replenishers, stabilizers; Black
74 Oxide Coating (Microtech) solution/salts,
predip solution/salts, palladium catalyst
solution/salts
10. 28, 29, 32, Ceramic bodies (coated or uncoated); Thermistors; ceramic capacitors;
39, 48, 69, bandoliering tape with or without adhesives; Resistors (other than heating
74, 85 solder plated copper wire of dia upto 1 mm; resistors)
solder plated brass wire of dia upto 1 mm;
high melting point solder alloy; paper backed
polyurethane tape; epoxy marking ink with or
without hardner/thinner
13. 28, 29, 37 Photo resist & associated thinners or/and Semi-conductor devices, printed
developers; photospin glass circuit boards; LED/LED Displays,
Liquid Crystal Displays, Hybrid
Micro-Circuits.
15. 28, 29, 38 Dopants or doping sources in all forms, and Semi-conductor devices.
with or without precious metal constituents
16. 28, 29, 38, Epoxy/Epoxide resins/Epoxy moulding powder , Capacitors; Semi-conductor Devices;
39 compounds orencapsulants; Fillers, thinners, Light Emitting Diodes; Mounted
hardeners, accelerators and fire retardants piergo electric Crystal; Liquid Crystal
Displays; Electronic Valves and
Tubes; Switches; Copper clad
laminates of glass epoxy/paper epoxy
type; composite type copper clad
laminates; Delay lines; Line and Wave
Traps; Potentiometers; Silicon
Crystals or Silicon wafers;
Connectors; Resistors (other than
heating resistors); Deflection parts;
Loudspeakers; Magnetic Heads; Paper
Cones/Spiders/Dust Caps for Loud-
GENERAL EXEMPTION NO. 117 1557
17. 28, 32 Ferric Oxide of purity of 90% and above; Ferrites, Ceramic Capacitors, Resistors
manganous manganic oxide with manganese (other than heating resistors)
content 71% or above; Manganese di-oxide
of purity of 90% and above; Manganous
Oxide; Nickel Oxide; Strontium Carbonate
18. 28, 38, 39, Aluminium paste; ethylene vinyl acetate sheets Solar cells/modules.
70, 74, 76 (EVA); primer for EVA; Crane glass; tedlar
coated aluminium sheet; phosphorous
oxychloride; halo carbon (CF4)/Freon gas;
tinned copper interconnect; toughened glass
with low iron content and transmittivity of min.
90% and above; multilayered sheets with tedlar
base; fluro polymer resin; ultra high purity
(UHP) silane in UHP nitrogen; UHP silane;
diborane in UHP silane; MOCVD grade
phosphine in UHP silane; silver sputtering
target; high purity tin tetrachloride; nitrogen
trifluoride of 90% purity and above
19. 28, 39, 68, Blue steel lapping carriers/lapping carriers; Mounted piezo-electric crystals;
73 lapping vehicles; lapping abrasive powder; Printed Circuit Boards; Semi-
lapping compound conductor devices; Potentiometers;
Resistors (other than heating
resistors); Connectors; Switches;
Relays; Tape deck mechanism;
Magnetic heads; Deflection parts; DC
micromotor upto 13.5 V not
exceeding 20 Watt rating; Silicon in
all forms, LED lamps and displays
20. 28, 39, 81, Tantalum powder; Tantalum wire; GM Seals; Tantalum capacitors, Mounted Piezo
85 Cans; Silver powder suspension; Manganese Electric Crystals.
Nitrate; Heat shrinkable polyester tubing
21. 28, 48, 69, Lead based ceramic composition; Magnesium Ceramic dielectric (multilayer)
75, 78, 81, titanate based ceramic composition; Neodium capacitors, Ceramic Capacitors,
84 based ceramic composition; Alumina Resistors (other than heating resistors)
setters/slabs; Lint free paper/paper towels/
filter paper; Zirconia milling media/ high
alumina tumbling media; Steel shots - copper
plated hollow; Nickel and sulphonic acid based
GENERAL EXEMPTION NO. 117 1558
films and photo stencil films; DIAZO (C6H5N2) conductor devices; hybrid
films microcircuits.
35. 37, 70 High Resolution Photo Plates; Photomask High Resolution Photo Masks; Semi-
Substrates conductor devices; Liquid Crystal
Displays; Silicon Single Crystals or
Wafers, Printed Circuit Boards.
parts of relays/switches/connectors
49. 39 Heat shrinkable PVC sleeving, tubing, film or Capacitors; relays; deflection parts.
ring
50. 39 Polyurethane lapping pads Mounted piezoelectric crystals;
Printed Circuit Boards; semi-
conductor devices; potentiometers;
resistors (other than heating resistors);
connectors; switches; relays; tape
deck mechanisms; magnetic heads;
deflection parts; DC Micromotors
upto 13.5 volts and not exceeding 20
watts rating; silicon (in all forms).
51. 39 Plain polystyrene film Plain film capacitors; mixed dielectric
capacitors.
52. 39 Plain plastic film (other than Polystyrene film) Electronic capacitor grade metallised
of thickness 12 microns or below dielectric plastic film.
Explanation:-For the removal of doubt, “plain
plastic film” includes Biaxially Oriented
Polypropylene (BOPP) film
53. 39 Release film for multilayer laminates Printed Circuit Boards.
54. 39,40 Polyvinyl Alcohol, Polyisobutylene. Ferrites.
Chlorosulphonated/chlorinated Polyethylene
55. 39, 43 Antistatic materials in the form of tubes, strips, Semi-conductor devices, Hybrid
mats, covers, bins, boxes, containers microcircuits.
56. 39, 48, 59, Insulating/taping material (including pocket Capacitors; deflection parts; resistors
85 carrier tape) in tape, roll or strip form with or (other than heating resistors); semi-
without adhesive conductor devices; inductors.
57. 39, 48, 85 Domes or Dust caps; Paper/Plastic cones Loudspeakers.
58. 39, 48, 85 Parts of Potentiometers Potentiometers.
59. 39, 59, 73 Screen mesh of stainless steel/polyester/ Ceramic capacitors, resistors;
metallised polyester/metallised nylon (in sizes potentiometers; hybrid microcircuits
of mesh 60 or above)
60. 39, 69, 73, Ceramic/alumina substrates Potentiometers; printed parts, resistors
85 (other than heating resistors)
61. 39, 73, 79, Parts of megnetic sound heads magnetic sound heads.
85
62. 39, 74, 76 Copper clad laminates laminated to nylon, Printed Circuit Boards.
GENERAL EXEMPTION NO. 117 1561
Steatite rods and bars in coated or uncoated and Electron Gun parts.
form
74. 69, 85 Ceramic dielectric (coated or uncoated) Ceramic capacitors.
75. 70 Glass filament yarn Silane treated glass cloth/fabric for
use in the copper clad laminates.
76. 32, 70, 85 Glass frit or glass powder; Glass preforms or Liquid Crystal Displays; semi-
pellets; Glass tubes conductor devices; Electronic valves
and tubes (other than television
picture tubes/ cathode ray tubes);
Glass to metal seals; Lead frames;
Transistor headers; Reed relays or
Reed switches; delay lines; resistors
(other than heating resistors);mounted
piezoelectric crystals; electron guns
and electron guns parts; gas discharge
tubes.
77. 70, 85 Fused Quartzware Semi-conductor devices; silicon in all
forms.
78. 71 Synthetic quartz crystal blocks and blanks Mounted Piezoelectric crystals.
79. Omitted
80. Omitted
81. 71, 72, 75, Nickel plated steel strip; tin silver antimony Semi-conductor devices.
80 alloy
82. 76, 85 Aluminium wire with silicon or magnesium Semi-conductor devices.
impurity of upto 2%
88. 73, 85 Metal clad substrates in any from with or Potentiometers; Hybrid microcircuits;
without tags Printed parts; semi-conductor devices;
Light Emitting Diodes.
89. 74 Electrolytic Tough Pitch (ETP) Cooper wire Lead wire for electronic parts.
rods
90. 74 Solder plated/unplated brass strips upto 100 Potentiometers/parts of potentiometers;
mm width; Silver plated brass strips upto 100 connectors/parts of connectors; swit-
mm width. ches/parts of switches; relays/parts of
relays.
91. Omitted
122. 39,74,75,76 Composite copper clad materials consisting of Printed Circuit Boards
Paper + Epoxy + Glass cloth
123. 74 Glass Epoxy Copper clad laminates or Paper Printed Circuit Boards
Phenolic Copper clad laminates
124 124.74 Copper foils (Plain or adhesive coated) Copper clad laminates (phenolic or
glass epoxy types); compsite type
copper clad laminates; multi-layer
Printed Circuit Boards, parts of
connectors
125. 28,29,38,72, Cupric Chloride Etchant; Ammonical Etchants; Printed Circuit Boards Solid
74, 84 Solid Carbide Drills; Routers; Hot Air Levelling
Flux; Electroless Copper Plating Solution;
Sensitisers; Activators; Post Activators; Copper
foil of refined copper; Colloidal / Semi colloidal
Graphite (Shadow)
126. 28,29,39,68, Plastic Film for Wafer Dicing; Graphite Jigs / LED/LED Displays; Semiconductor
71,81,82 Block/ Rods / Plates Dicing blades / wheels; Devices; Hybrid Microcircuits;
Tungsten filament and or parts thereof; Tungsten Mounted Piezo Electric Crystals;
Wire / Rod; Colour Paste and Diffusants; Silver Resistors; Potentiometers
conductive paste / Suspension; Palladium Wire;
n- Butyl Acetate; Bonding Tools
127. 70,85 Parts of data graphic display tubes(colour), with Data graphic display tubes (colour),
a phosphor dot screen pitch smaller than 0.4mm with a phosphor dot screen pitch
GENERAL EXEMPTION NO. 117 1566
128. 70,75 Glass Tubes/ Insulators/ Spacers; Mounted piezo electric crystals
131. 28,38,39 Gold plating make up and replenisher solutions and Semiconductor devices; LED/LED
salts; Resins for gold recovery Displays; Connectors; PCBs, Parts of
connectors
132. 74 Solder Plated Annealed Copper Wire (SCA) of Plastic film capacitors
diameter 0.4mm to 1.2 mm
133. 79, 80 Zinc of purity 90% or above in rod, wire or Electronic Capacitor Grade Metallised
Strip form; (plated or unplated); Zinc wire/ Plastic Film/Capacitors blade fuses
Zinc-Aluminium wire with dia upto 5 mm, 1 to 40 Amps
Tin-Zinc wire with dia upto 3 mm
135. 76 Aluminium wire (of purity 99.9% or above ) of dia Lead Wires/Lead Tabs for electrolytic
upto 3mm Capacitor grade Metallized Plastic
film; Plastic film capacitors; semi-
conductor device; Capacitors
137. 38,39,69 Hydroxy Propyl Methyl Cellulose Barium Titanate Ceramic Capacitors, Ceramic
based or Lead Titanate based Ceramic composition Substracts/Rods/Discs/Dielectric/
Powder
138. 28 Magnesium Oxide (Purity not less than 98%); Resistors; Ceramic Capacitors
Zinc Oxide (Purity not less than 98%); Aluminium
Oxide (Purity not less than 99.9%); Vanadium
Pentoxide (Purity not less than 99.9%); Lithium
Carbonate (Purity not less than 90%); Manganese
Carbonate (Purity not less than 98%); Bismuth
GENERAL EXEMPTION NO. 117 1567
139. 39,48,59 Resin - VAGH Co-Polymerised Vinyl Chloride Magnetic Tapes/Cassettes, Parts of
Vinyl Acetate, Pressure Sensitive felt, with Cassettes
or without adhesive, Silicon Coated/Carbonized
silicon paper
143. 72,74 Lead wires of Iron or non alloy steel plated Resistors; Potentiometers;
or coated with other base metals Plastic Film Capacitors;
Lead Tabs of Electrolytic
Capacitors
144. 29,72,74,76, Copper alloy resistance wire and strips; Steel Resistors; Potentiometers
85 or Aluminiumin substrate or sheet form;
Butyl DiGol
145. 69, 75, 76, Metal alloy targets Resistors; Resistor Grade
81 Metallized Ceramic Cores
147. Omitted
148. 28 Zinc Oxide (Purity minimum 99.5%); Strontium Pre-Calcined Ferrite Powder
Oxide/Strontium Carbonate; Zinc Stearate (Spray Dried); Resistors
(Purity minimum 90%); Polyvinyl alcohol (PVA);
Polyvinyl Butyral (Ash Content max 1%)
149. 28 Zirconium Oxide (Purity not less than 90%); Tin Microwave Dielectrics; Ceramic
Oxide (Purity not less than 90%); Lanthanam Capacitors; Resistors; Varistors;
Oxide (Purity not less than 90%); Zinc Oxide Thermistors
(Purity not less than 98%); Polystyrene (Purity
not less than 98%); MagnesiumOxide (Purity
not less than 98%); Calcium Carbonate (Puirty not
less than 98%); Tantalum Oxide (Purity not less
than 90%); Barium Carbonate (Purity not less than
90%)
151. 39,69 Guide Ceeramic; Guide LCP (Liquid Crystal Print heads
Polymer)
157. 39 SRBP (Synthetic Resin Bonded Paper) sheets Potentiometers; Switches with
and substrate contact rating less than 5 amperes
at voltage not exceeding 250 Volts
AC or DC
160. Omitted
161. Omitted
171. 74, 76, 80 Aluminium wire with silicon or magnesium with Semi-conductor devices, LED/LED
impurity upto 2%; displays, Hybrid micro-circuits
Bonding wire (aluminum, gold and copper based )
172. 80 Tin silver antimony alloy in any form Semi-conductor devices, LED/LED
displays
displays
181. 39 Conductive silver epoxy and hardener Mounted Piezoelectric crystals,
Hybrid-microcircuits
182. 39 Noryl; Nylon LED/LED Displays, switches, power
entry connectors
183. 39 Polyacetal LED/LED displays, switches
189. 69, 73 Conveying trays/super refractories/ pusher Soft ferrite parts/ pre-calcined ferrite
tiles/ ceramic saggers; powder (spray dried), capacitors,
Grinding steel balls (hardness 58-60%, carbon resistors
minimum 0.15%, chromium 1-1.2%);
Steel balls
190. 69, 70, 71, Silver copper alloy wires; Glass cartridges fuses/ ceramic tube
74, 85 Glass tubes of sizes between 2mm to 6mm fuses/ PPTC resettable fuses
outside diameter, in cut lengths upto 40mm; blade fuses 1 to 40 Amps sub-miniature
Brass Fuse Caps; Polymeric Positive Temperature fuses, micro fuses, resettable fuses
Coefficient Chips; Ceramic Tubes; and thermal fuses
Blade Fuse Body; Micro Fuse Base,
Sub-Miniature Fuse Base, Micro Fuse Cover,
Sub-Miniature Fuse Cover
191 28, 29, 38 Silicon carbide roller for furnace; Soft ferrites parts/ pre-calcinate ferrite
polyethylene glycol; powder (spray dried)
Zucoplast;
Polyamonium citrate;
Octanol;
Copper oxide
192. 68 Grinding wheels (metal bond, resin bond, Soft ferrites parts/ pre-calcined ferrite
diamond wheel, Conc 50-100%, grit D15- powder (spray dried), semiconductor
D30-400 mesh)/slicing wheels devices
193. 25, 28, 40, High speed spindles of more than 10,000 RPM; Ferrites
GENERAL EXEMPTION NO. 117 1572
194. 69, 85 Piezo ceramic formulated material / powder; Buzzers/ sirens /ringers
Piezo ceramic discs/ mounted piezo
electric plates;
diaphragm of permalloy;
weight of permalloy;
terminal pins; yoke
197. 28, 39 Acetylene black carbon/ other carbon Resistors and potentiometers
and carbon powders;
PTFE powder solutions
205 71 Silver copper alloy wire in dia upto 0.25 mm Metal to ceramic brazing rings for GD
tubes
206 38, 39, 40, Ceramic disc single layer; pin; washer; axial EMI/RFI filters
68, 74, 85 lead finish; solder/ solder paste/ solder with
paste/ solder flux; solder with flux; wire leads;
eyelet finish; eyelet fixing collect; marking ink;
epoxy resin/ stycast; carrier tape/ cover tape/
taping material/ sealing tape/ plastic reels
222 28, 39, 40, Polyester/ polystyrene latex, glass cloth tape, Cathode ray tubes
70 acry emulsion, cobalt blue
223 69, 72, 75, Stainless steel wire of dia below 0.8 mm; Parts of electron guns
85 Stainless steel strips of thickness below 0.6mm;
ceramic bases; eyelets; sleeves; caps; nails
224 72, 73, 75, CRCA sheets, strips, wire and coils whether Parts of cathode ray tubes
76, 81 galvanized or not; Stainless steel-304/310/316/420
grades in the form of sheets, strips, wire, coils;
Trimetal steel/INVAR in the form of sheets, strips,
wire or coils; Alcoat (aluminised steel sheets) in the
form of sheets, strips, wire or coils; Incoloy strips
232. 33, 39,69, (i) Perfluoro Polyether Oil (Fomblin oil) Electronic Capacitor grade
76 (ii) Ceramic evaporation boats metallised Plastic
(iii) Graphic foil film for Capacitors
LIST B
1. 28 Litharge Glass shell/parts for colour picture
tubes, parts of Cathode ray tubes
2. 28 Gamma Ferric Oxide Magnetic Inks or Magnetic Tape
3. 38 Precalcined/Pre-sintered ferrite powder Ferrites
4. 58, 69, 84 Molybdenum Silicide/Molybdenum Ferrites, Capacitors; Resistors
85 disillicide heating elements; Conveying
trays; Saggers
5. Omitted
6. Omitted
GENERAL EXEMPTION NO. 117 1577
7. Omitted
GENERAL EXEMPTION NO. 118 1578
Concessional rate of duty on specified goods when, imported into India for use in the manufacture
of specified excisable goods:
[Notfn. No. 27/04-Cus. dt. 23.1.2004 as amended by 12/06 and 33/07].
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts
the goods of the description specified in column (3) of the Table below and falling under the heading, sub-
heading or tariff item of the First Schedule to the Customs Tariff Act, 1975 ( 51 of 1975), specified in the
corresponding entry in column (2) of the said Table, when imported into India for use in the manufacture of
goods of the description specified in the corresponding entry in column (6) of the said Table and falling under the
heading, sub-heading or tariff item of the said First Schedule, specified in the corresponding entry in column (5)
of the said Table, from so much of the duty of customs leviable thereon under the said First Schedule as is in
excess of the amount calculated at the rate specified in the corresponding entry in column (4) of the said Table,
subject to the condition that the importer follows the procedure set out in the Customs (Import of Goods at
Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 1996.
Explanation.- For the purposes of this notification, the rate specified in column (4) is the ad valorem rate.
Table
S Heading Description of Standard Heading or sub Description of goods
No. or goods rate heading or
sub-heading tariff item
or tariff
item
(1) (2) (3) (4) (5) (6)
1. Omitted
2. 2907 23 00 Bis-phenol A 5% 3907 30 All goods
3. 2910 30 00 Epichlorohydrin 5% 3907 30 All goods
4. Omitted
8. Omitted
6. Omitted
7. Omitted
8. Omitted
9. Omitted
10. Omitted
11. Omitted
12. Omitted
13. Omitted
14. Omitted
15. Omitted
16. Omitted
17. Omitted
18. Omitted
19. Omitted
GENERAL EXEMPTION NO. 118 1579
20. Omitted
21. Omitted
22. Omitted
23. Omitted
24. Omitted
25. Omitted
26. Omitted
27. Omitted
28. Omitted
29. Omitted
30. Omitted
31. Omitted
32. Omitted
33. 2907 11 10 Phenol 5% 2907 23 00 Bis-phenol A
34. 2914 11 00 Acetone 5% 2907 23 00 Bis-phenol A
GENERAL EXEMPTION NO. 119 1580
Provided that the importer proves to the satisfaction of the Deputy Commissioner of Customs or
Assistant Commissioner of Customs, as the case may be, that the goods, in respect of which the benefit of
this exemption is claimed, are of the origin of the country listed in the APPENDIX in accordance with the
Rules of Determination of Origin of Goods under the Agreement on South Asian Free Trade Area (SAFTA),
2006, published in the notification of the Government of India in the Ministry of Finance (Department Rev-
enue) No 75/2006-Customs, (NT) dated the 30th June,2006.
ANNEXURE
____________________________________________________________________________________________________
S. No. HS Code Description
____________________________________________________________________________________________________
(1) (2) (3)
____________________________________________________________________________________________________
1 2203 to 2206 All goods
2 220710 All goods
3 2208 All goods
4 Chapter 24 All goods
____________________________________________________________________________________________________
APPENDIX
____________________________________________________________________________________________________
S. No. Country
____________________________________________________________________________________________________
(1) (2)
____________________________________________________________________________________________________
1. People’s Republic of Bangladesh
2. Kingdom of Bhutan
3. Republic of Maldives
4. Nepal
5. Islamic Republic of Afghanistan
____________________________________________________________________________________________________
GENERAL EXEMPTION NO. 120 1581
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts the goods specified in column (2) of the Table below when imported into India from Bangladesh
through Dhaka- Darsana– Gede– Kolkata route, from whole of the duty of customs leviable thereon under
the First Schedule to the Customs tariff Act, 1975 (51 of 1975) and whole of the additional duty leviable under
section 3 of the said Customs Tariff Act subject to the conditions specified in column (3) thereof, namely:-
Table
S.No. Name of goods Condition of exemptions
(1) (2) (3)
1. Passenger train Provided that –
2. Spares and components (a) The goods specified in column (2) are imported
under the agreement between India and Bangladesh
for running of passenger train service between India
and Bangladesh.
(b) A certificate from the Divisional Railway Manager, Sealdah
Division is produced to the Assistant Commissioner of Customs,
in each case, that the spares and components are uncommon
and intended for the maintenance of the coaches of the passen
ger train.
____________________________________________________________________________________________________________
GENERAL EXEMPTION NO. 121 1582
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby
exempts,-
(i) goods falling under the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), other than those
specified in the Appendix I and Appendix II appended hereto, from so much of the duty of customs as is in
excess of 20 per cent. of the applied rate of duty;
(ii) all goods of the description as specified in column (3) of the Table in Appendix I and falling under the
Chapter, Heading No. or Sub-heading No. of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)
specified in the corresponding entry in column (2) of the said Table, from so much of that portion of the
applied rate of duty of customs leviable as is specified in the corresponding entry in column (4) of the said
Table;
when imported into India from a country listed in the Schedule to this notification:
Provided that the importer proves to the satisfaction of the Assistant Commissioner of Customs or
Deputy Commissioner of Customs, as the case may be, that the goods in respect of which the exemption
under this notification is claimed are of the origin of the country listed in the Schedule to this notification, in
accordance with provisions of the Rules of Origin, published in the notification of the Government of India in
the Ministry of Finance (Department of Revenue), No.29/2015-Customs (N.T.), dated 10th March, 2015.
Explanantion.- For the purposes of this notification, “applied rate of duty” means the standard rate of duty
specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) with respect to the goods
specified in the said Table, read with any other notification for the time being in force, issued in respect of
such goods under sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962).
Appendix I
Table
S.No HS Code Description Extent of tariff concession
(percentage of applied rate of duty)
(1) (2) (3) (4)
1. 06031100 All goods 25%
2. 06031200 All goods 25%
3. 06031300 All goods 25%
4. 06031400 All goods 25%
5. 06031500 All goods 25%
6. 06031900 All goods 25%
7. 06039000 All goods 25%
8. 07020000 All goods 25%
GENERAL EXEMPTION NO. 121 1583
Appendix II
S.No HS Code DESCRIPTION
(1) (2) (3)
1. 02071300 All goods
2. 02071400 All goods
3. 040210 All goods
4. 040229 Whole Milk Powder
5. 04059010 All goods
6. 04059020 All goods
7. 04069000 All goods
8. 070310 All goods
9. 080132 All goods
10. 080310 All goods
11. 080390 All goods
12. 0807 19 All goods
13. 08081000 All goods
14. 080830 All goods
15. 080840 All goods
16. 090111 All goods
17. 090210 All goods
18. 090220 All goods
GENERAL EXEMPTION NO. 121 1586
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), and in supersession of the notification of the Government of India, in the Ministry of Finance (Depart-
ment of Revenue), No. 107/2008-Customs, dated the 6th October, 2008 [G.S.R. 718 (E), dated the 6th
October, 2008], except as respects things done or omitted to be done before such supersession, the Central
Government, being satisfied that it is necessary in the public interest so to do, hereby exempts the goods of
the description specified in column (3) of the Table hereto annexed and falling under the Chapter, heading,
sub-heading or tariff item of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), as specified in
the corresponding entry in column (2) of the said Table, when imported into India from a country listed in
APPENDIX to this notification from the whole of the duty of customs leviable thereon under the said First
Schedule.
Provided that the importer proves to the satisfaction of the Deputy Commissioner of Customs or
Assistant Commissioner of Customs, as the case may be, that the goods in respect of which the benefit of this
exemption is claimed are of the origin of the country listed in the APPENDIX in accordance with the Rules
of Determination of Origin of Goods under the Agreement on South Asian Free Trade Area (SAFTA), 2006,
published in the notification of the Government of India in the Ministry of Finance (Department Revenue) No
75/2006-Customs, (NT) dated the 30th June,2006.
Table
APPENDIX
S. No. Country
(1) (2)
1. People’s Republic of Bangladesh
2. Kingdom of Bhutan
3. Republic of Maldives
4. Nepal
5. Islamic Republic of Afganistan
_____________________________________________________________________________________________________
GENERAL EXEMPTION NO. 123 1597
Omitted
GENERAL EXEMPTION NO. 124 1598
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962) and in supersession of the notification of the Government of India in the Ministry of Finance (Depart-
ment of Revenue), No.106 dated 29th March, 1958 published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (ii), vide number S.O. 373 dated the 29th March, 1958, except as respects things done
or omitted to be done before such supersession, the Central Government, being satisfied that it is necessary
in the public interest so to do, hereby exempts, the goods, falling within any Chapter of the First Schedule to
the Customs Tariff Act, 1975 (51 of 1975) and specified in column (2) of the Table below, from the whole of
the duty of customs leviable thereon which is specified in the First Schedule to the said Customs Tariff Act
and from the whole of the integrated tax and goods and services compensation cess leviable thereon respec-
tively under sub-section (7) and (9) of section 3 Customs Tariff Act, if imported or purchased out of bond by
the Vice-President of India on appointment or during his tenure of office.
TABLE
_________________________________________________________________________________________
S.No. Description
_________________________________________________________________________________________
(1) (2)
_________________________________________________________________________________________
(i) Articles for the personal use, wear or consumption of the Vice-President or any member of his
family;
(ii) Food, drink and tobacco for consumption by members of the Vice-President's household or by his
guests, whether official or not;
(iii) Articles for the furnishing of any of the Vice-President's official residences;
(iv) Motor cars provided for the Vice-President's use.
_________________________________________________________________________________________
2. This notification shall come into fsorce with effect from the 1st day of July, 2017.
GENERAL EXEMPTION NO. 125 1599
The following articles if imported or purchased out of bond by the Governors on appointment or
during their tenure of office will be exempt from duty:-
(a) articles for thepersonal use, wear or consumption of the Governor or any member of his family;
(b) food, drink, and tobacco for consumption by members of the Governor's household or by his guests
whether official or not;
(c) articles for the furnishing of any of the Governor's official residences; and
(d) Motor cars provided for the Governor's use.
[Clause 9 of the G.O.I. (Governor's Allowance and Previleges) Order dated 1.1.1950]
GENERAL EXEMPTION NO. 126 1600
(iii) Calendars imported by the Officers (b) the goods are the property of the
mentioned in Item (i) for free distribution to the Government of that State and imported for use
GENERAL EXEMPTION NO. 126 1602
3(A) (i) Personal and household effects and other Provided that -
articles including motor vehicles, imported by (a) the goods are imported at any time during
or on behalf of the following classes of the period of privileged Officer concerned holds
privileged Officers of foreign State in India, his appointment in India;
stationed outside Delhi and their families,
Deputy High Commissioners, Assistant High (b) a corresponding exemption is allowed to
Commissioners, First Secretaries, Second Indian Officers of the same status by the
Secretaries, Third Secretaries, and Attaches. Government which the privileged persons
concerned represents;
Relevant Articles of the United Nations (Privileges and Immunities) Act, 1947 under which exemption
from Customs duty is allowed to the U.N.O. and officials are reproduced below:
Article II, Section 7. The specialised agency assets, income and other property shall be -
(b) Exempt from customs duties and prohibitions and restrictions on imports and exports in respect of
articles imported or exported by the specialised agency for its official use
(c) Exempt from Customs duties and prohibitions and restrictions on imports and exports in respect of its
publications.
Article IV, Section II. Representatives of members at Meeting convened by a Special agency shall, while
exercising their functions and during their journey to and from the place of meeting, enjoy the following
privileges and immunities:-
(f) The same immunities and facilities in respect of their personal baggage as are accorded to members
of comparable ranks of diplomatic missions.
(g) have the right to import free of duty their furniture and effects at the time of first taking up their post
in the country in question.
Article V. Section 19. In addition to the immunities and privileges specified in section 18, the Executive
Head of each specialised agency including any Official acting on his behalf during his absence from duty shall
be accorded in respect of themselves, their spouses and minor children, the privileges and immunities,
exemptions and facilities accorded to diplomatic envoys in accordance with international law.
Article VI, Section 22(f). Experts (other than official coming within the scope of Article V) performing
missions for the specialised agency shall be accorded:
(f) the same immunities and facilities in respect of the personal baggage as are accorded to diplomatic
envoys.
Article VII, Section 27. The Executive Heads, Assistant Executive Heads, Heads of Departments and
other officials of rank not lower than that of a head of a Department of the specialised agencies travelling on
U.N. laissez - passer on the business of the specialised agency shall be granted the same facilities for travel
as are accorded to Officials of a comparable rank in diplomatic missions.
These concessions have also been extended to the following International organisations and their
representatives (known as specialised agencies) and Officials subject to the notifications and extensions
mentioned below as laid down in the G.O.I. Ministry of External Affairs Notification No.55 U.N.I., dated
GENERAL EXEMPTION NO. 127 1606
Article IV has been extended to: The Chairman of the Council of the F.A.O., President of the Conference
and Members of Executive Board of U.N.E.S.C.O., their substitutes and advisers, persons designated to
serve on the Executive Board of the W.H.O., the employer's and Worker's members and Deputy members
of Governing body of the International Labour Organisation and their substitutes.
Article V. Section 19. shall also be accorded to the President of the Council of the International Civil
Aviation Organisation, Deputy Director General of the International labour office and any Assistant Director
General of the International Labour Office and to the Deputy Director General of U.N.E.S.C.O., his spouse
and minor children.
Article VI. Section 22(f) shall not apply to the International Civil Aviation organisation, W.H.O., I.L.O.,
F.A.O., U.N.E.S.C.O., I.M.F., International Bank for Reconstruction, the Universal Postal Union, International
Tele-Communication Union and World Meteorological Organisation.
Note 1. The concession in respect of the Joint Enterprise Aid in Mass Vaccination against T.B. in India vide
Item (v) above, shall remain in force until the work of the team is deemed to have been completed by mutual
agreement of the Government of India and the Joint Enterprise.
Note 2. Articles imported by the United National Information Centre, New Delhi, for its official use may be
granted exemption from customs duty and other customs formalities as may be admissible under the United
Nations (Privileges and Immunities) Act, 1947.
World Health Organisation - World Health Organisation and the Government of India - agreement between.
(b) once in every three years have the right to import free of duty a motor car, it being understood
that the duty will become payable in the event of the sale or disposal of such motor car to a person not entitled
to this exemption within three years upon its import.
(3) In addition to the immunities and privileges specified in (2) above, the Director General, the Deputy
Director General, the Assistant Director General, the Regional Director in India and if the Director General
should so desire and communicate their names to the Government of India certain Officials, of a Director's
status, shall be accorded in respect of themselves, their spouses and minor children the privileges and immunities,
exemption and facilities accorded to diplomatic envoys in accordance with international law.
GENERAL EXEMPTION NO. 128 1608
(a) transfer the goods to a new project subject to the condition that the importer produces before
GENERAL EXEMPTION NO. 128 1609
the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be,
having jurisdiction over the port of import, a certificate from the officer concerned of the Central
Government, State Government or Union territory Administration, as the case may be, that the goods
are no longer required for the project and a declaration from the United Nations, the World Bank, the
Asian Development Bank or any other international organization listed in the Annexure to the said
notification that the said goods are required for the said new project which has duly been approved
by the Government of India; or
(b) re-export the goods when the goods are no longer required for the existing project subject to
the condition that the identity of the goods is established and no export incentive is claimed against
such re-export; or
(c) pay the duty of customs which would have been payable but for the exemption contained
herein on the depreciated value of the goods subject to the condition that the importer produces
before the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case
may be, having jurisdiction over the port of import, a certificate from the officer concerned of the
Central Government, State Government or Union territory Administration, as the case may be, that
the goods are no longer required for the project. The depreciated value of the goods shall be equal to
the original value of the goods at the time of import reduced by the percentage points calculated by
straight line method as specified below for each quarter of a year or part thereof from the date of
clearance of the goods, namely:-
(i) for each quarter in the first year at the rate of 4 per cent;
(ii) for each quarter in the second year at the rate of 3 per cent;
(iii) for each quarter in the third year at the rate of 2.5 per cent; and
(iv) for each quarter in the fourth year and subsequent years at the rate of 2 per cent,
subject to the maximum of 70%.
Explanation 1 - For the purposes of this notification,-
(a) "international organisation" means an international organisation to which the Central
Government has declared, in pursuance of section 3 of the United Nations (Privileges and Immunities) Act, 1947
(46 of 1947), that the provisions of the Schedule to the said act shall apply;
(b) "Line Ministry" means a Ministry in the Government of India, which has been so nominated
with respect to a project, by the Government of India, in the Ministry of Finance (Department of Economic
Affairs).
Explanation 2 - For the removal of doubts, it is herebyclarified that the benefit under this notification,
in the case of goods supplied to the projects financed by the United Nations or an international organisation,
is available when the goods brought into the project are not withdrawn by the supplier or contractor and the
expression “ goods are required for the execution of the project” shall be construed accordingly.
* Corrigendum vide F.No.605/187/2001-DBK dt.22.10.01.
ANNEXURE
1. United Nations Development Programme,
2. United Nations International Childrens' Fund,
3. Food and Agricultural Organisation,
4. International Labour Organisation,
5. World Health Organisation
6. United Nations Population Fund.
7. United Nations World Food Programme
8. United Nations Industrial Development Organisation
GENERAL EXEMPTION NO. 129 1610
Exemption to equipments and consumbles when imported into India by the Inspection Team of
the Organisation of Prohibition of Chemical Weapons:
[Notfn. No.121/03-Cus., dt.1.8.2003 as amended by 43/17]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts
all the equipments and consumable samples falling under the First Schedule to the Customs Tariff Act, 1975
(51 of 1975), when imported into India, by the Inspection Team of the Organization of Prohibition of
Chemical Weapons, from the whole of the duty of customs leviable thereon which is specified in the said
First Schedule and from the whole of the integrated tax leviable thereon under sub-section (7) of section 3
of the said Customs Tariff act, subject to the following conditions, namely:-
(a) the importer shall produce a certificate along with duly certified list of equipments and
consumable samples from the Joint Secretary or the Deputy Secretary, National Authority Chemical Weapons
Convention to the effect that such equipments and samples are required for carrying out verification/inpsections
as per in terms of Chemical Weapons Convention; and
(b) the Joint Secretary or the Deputy Secretary, National Authority Chemical Weapons
Convention shall furnish an undertaking on letter head to the Deputy Commissioner of Customs or the Assistant
Commissioner of Customs, as the case may be, to the effect that such equipments shall be exported within six
months of their import or within such extended period as may be allowed by the Commissioner of Customs,
in this behalf and that consumable samples are required for the intended purpose and shall be accounted for.
GENERAL EXEMPTION NO. 130 1611
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts all the goods including automobiles, imported into India by the Ford Foundation for their
official use from the whole of the duty of customs leviable thereon under First Schedule to the Customs
Tariff Act, 1975 (51 of 1975), and from the whole of the additional duty of customs leviable thereon under
section 3 of the said Customs Tariff Act.
GENERAL EXEMPTION NO. 131 1612
Exemption to specified goods imported by Defence, Coast Gaurd, Deptt. of Revenue, Police Forces,
HAL, specified ordnance Factories and for ATVP, IGMDP, SAMYUKTA, LCAP, SANGRAHA,
DIVYA DRISHTI and DHANUSH Programmes.
[Notfn. No.39/96-Cus., dt. 23.7.1996 as amended by Notfn. Nos. 60/96, 86/96, 19/97, 69/97, 28/98,
99/98,27/99,111/99,118/99, 8/00,11/00,20/00, 103/00, 146/00, 33/01, 81/01, 130/01,66/02, 99/02,
133/02, 3/03, 6/03,28/03,88/03,93/03, 41/04, 48/04, 49/04, 66/05, 105/05, 5/06, 64/06, 81/06, 110/
06, 113/06 ,34/07, 85/07, 12/08, 14/08, 36/08, 124/08, 36/08, 124/08,23/09, 54/09, 32/10,51/10, 66/
10, 12/11, 64/11, 89/11,102/11, 110/11, 5/12, 11/12, 30/12, 57/12, 58/12, 08/13, 16/13, 42/13, 20/14,
27/14, 26/15, 29/15(w.e.f.1.6.15), 42/15, 56/15, 14/16, 33/16, 43/17, 12/19, 33/19]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts goods of the description specified in column (2) of the Table hereto annexed and falling within the
First Schedule to the Customs Tariff Act, 1975 (51 of 1975), when imported into India, from the whole of the
duty of customs leviable thereon which is specified in the said First Schedule subject to the conditions, if
any, specified in the corresponding entry in column (3) of the said Table.
TABLE
S.No. Goods Conditions and Limitations
(1) (2) (3)
1. Omitted
2. Omitted
4. Omitted
6. Omitted
7. Omitted
GENERAL EXEMPTION NO. 131 1613
8. Omitted
9. Omitted*
9A. Omitted*
10. Omitted*
10A. Omitted*
*Omitted vide Notfn. No. 14/1.3.2016 w.e.f. 1st day of April 2016.
11. (i) Machines, appliances, instruments If, -
and equipment required for the construc- (a) the goods are imported by the Govt.
tion of, or fitment to, or maintenance of, of India, or by a person authorised by that
patrol crafts; Government or shipped on the order of a
(ii) Wireless transmission and receiving Department of that Government for use in
sets and their components; anti-smuggling operations and are
(iii) Night vision equipment and their appropriated under such order at the time
components; of shipment; and
(iv) Arms and their components, and (b) the importer produces a certificate
ammunition; (i) from the Under Secretary to the
(v) Omitted Govenment of India in the Department of
(vi) Radio communication test sets; Revenue that the said goods are intended
(vii) Spare parts of patrol crafts; for use in anti-smuggling operations or
(viii) Spare parts in respect of any of the (ii) from an officer not below the rank of
above items. Joint Secretary to the Government of India,
in the Ministry of Home Affairs that the said
goods are intended for use in coastal security
operations or internal security operations.
12. (i) Spedeheat grenades CS, 3-way If, -
grenades CN/CS, practice grenades, (a) the said goods are imported for the
blast dispersion grenades use of Police Force of the States or the
with two second bouchon, model 34 Union territories, or the Central Reserve
single blast grenades, one second delay Police Force; and
firing mechanism for spedeheat grenades, (b) the importer produces a certificate
two seconds delay firing mechanism for from the Under Secretary to the Govt. of
three way grenades; India in the Ministry of Home Affairs to
(ii) Long range shells CN/CS,short range the effect that the said goods are intended
shells CN/CS, flite rite - shells CN/CS, for the aforesaid use.
practice shells CN/CS;
(iii) Refills, accessoires, caps, gas pellets
and recapping and decapping machines for
practice shells, gas guns and accessories
and spare parts for gas guns;
(iv) Truncheons, truncheon cartridges,
one second bouchons, two second
bouchons, chemical mace, aerosol tear
gas spray, tear gas billets, paper fog and
GENERAL EXEMPTION NO. 131 1614
21. Omitted
23. Omitted
27. Omitted
28. Omitted
iii) machinery, equipment including i) the said goods mentioned in the list
test equipments, instruments, fitting are required for the purposes of the
devices, components, spares, jigs and AEW&C.
fixtures, dies, tools, moulds, accessories,
raw materials, castings, forgings, piping, (ii) the import of the said goods
tubing, consumables, mockup and mentioned in the list are authorized by the
models; Ministry of Defence under AEW&C
programme and the said goods shall be usd
only for the purpose of the AEW&C
programme.
GENERAL EXEMPTION NO. 131 1623
iv) computer hardware, computer software, i) the said goods mentioned in the list are re-
accessories and consumables. quired for the purposes of the AEW&C;
44. Omitted
45. Omitted
____________________________________________________________________________________________
2. Notwithstanding anything contained herein above, the exemption from whole of the additional duty levi-
able thereon under section 3 of the said Customs Tariff Act shall not apply to the following goods, namely:-
(i) Hand held Metal detector (ii) Postal Bomb detector (iii) Explosive Container (iv) Portable or Fixed Door
frame Metal detector, (v) Deep search Metal or Mine detector (vi) Mine impactor (vii) Mine prodder ( non-
magnetic) and (viii) Under Vehicle search Mirrors (ix) All goods falling under S. No. 18, and 36 of the
TABLE above.
2. This notification shall come into force with effect from the 1st day of June, 2016.
*For (ix) entry 9A and 10A omitted vide notifn. no.14/1.3.2016 w.e.f. 1st day of April, 2016
GENERAL EXEMPTION NO. 132 1633
ANNEXURE
(1) Strengthening Capacities for Nutrition-sensitive Agriculture and Food systems,\
(2) Green Ag: Transforming Indian Agriculture for Global Environment benefits and the conservation of
Critical Biodiversity and Forest landscape.
2. This notification shall come into force on the 1st day October, 2019.
GENERAL EXEMPTION NO. 133 1634
Exemption to temporary import of Scientific equipments etc. by Non profit making scientific and
educational institutions -
[Notfn. No. 84/71-Cust. dt. 11.9.1971 as amended by Notfn. Nos. 190/76, 129/86 and 101/95, 43/17].
(1) the importer makes a declaration at the time of import that the goods are being imported temporarily
subject to re-exportation;
(2) the goods are imported in reasonable quantities having regard to the purpose of importation;
(4) the goods are re-exported within six months from the date of importation or within such extended
period not exceeding one year as may be allowed by the Commissioner of Customs and an undertaking
is furnished in writing by the importer agreeing to re-export the goods within the aforesaid period.
(5) while the goods are in India, they remain in the ownership of a natural person resident abroad or a
legal person established abroad; and
(6) generally subject to the provisions of the Customs Convention on the temporary importation of scientific
equipment reproduced in the Annexure to this notification.
ANNEXURE
CUSTOMS CONVENTION
On the temporary importation of scientific equipment
PREAMBLE
The Contracting parties to the present Convention, established under the auspices of the Customs Co-
operation Council in consultation with the United Nations Educational, Scientific and Cultural Organisation
(UNESCO).
Considering that the development of scientific research and education is vitally important to economic
and social progress.
GENERAL EXEMPTION NO. 133 1635
Convinced that the adoption of general facilities for the temporary duty-and tax-free importation of
equipment for scientific research or for education can make an effective contribution to that end.
Have agreed as follows:
CHAPTER 1 : DEFINITIONS
Article 1 : For the purposes of this Convention:
(a) The terms "scientific equipment" means instruments, apparatus, machines or accessories therefor
used for purposes of scientific research or education;
(b) the term "import duties and taxes" means Customs duties and all other duties, taxes, fees or other
charges which are collected on or in connection with the importation of goods but not including fees
and charges which are limited in amount to the approximate cost of services rendered;
(c) the term "temporary admission" means temporary importation free of import duties and taxes and
free of import prohibitions and restrictions subject to re-exportation;
(d) the term "approved institutions" means public or private scientific or educational institutions whose
aims are essentially non-profit making and which have been approved by the competent authorities
of the importing countries for the purposes of receiving scientific equipment on temporary admission;
(e) the term "ratification" means ratification, acceptance or approval;
(f) the term "the Council" means the Organisation set up by the Convention establishing a Customs Co-
operation Council, done at Brussels on 15th December, 1950.
CHAPTER II : SCOPE
Article 2 :Each Contracting party undertakes to grant temporary admission to:-
(a) scientific equipment which is to be used within its territory solely for purposes of scientific
research or education;
(b) spare parts for scientific equipment which has been granted temporary admission under
paragraph (a) of this Article;
(c) tools specially designed for the maintenance, checking, gauging or repair of scientific equipment
which is used within its territory solely for purposes of scientific research or education.
Article 3 : Temporary admission of the scientific equipment, spare parts and tools may be made, subject to
the following conditions:
(a) that they are imported by approved institution and used under their control and responsibility;
(b) that they are used for non-commercial purposes within the country of importation;
(c) that they are imported in reasonable quantities having regard to the purpose of importation;
(d) that they are capable of identification on re-exportation;
(e) that while they are in the country of importation they remain in the ownership of a natural
person resident abroad or a legal person established abroad.
Article 4 :Each Contracting Party may suspend, in whole or in part, the undertaking given under the
Convention where goods of equivalent scientific value to the scientific equipment or spare parts whose
temporary admission is sought are produced and available in the country of importation.
GENERAL EXEMPTION NO. 133 1636
Article 5 : Each Contracting Party undertakes, wherever it deems possible, not to require security for the
amount of import duties and taxes but to be satisfied with a written undertaking. Such undertaking may be
required for each importation or on a general basis for a specified period, or where applicable, for the period
of approval of the institution.
Article 6 : 1. Scientific equipment granted temporary admission shall be re-exported within six months from
the date of importation. However, the Customs authorities of the country of temporary importatioin may require
re-exportation within shorter period considered sufficient to achieve the object ot temporary importation.
2. For valid reasons, the Customs authorities may either grant a longer period or extend the initial period.
3. When all or part of the scientific equipment granted temporary admission cannot be re-exported as a
result of a seizure, other than a seizure made at the suit of private persons, the requirement of re-exportation
shall be suspended for the duration of seizure.
Article 7 : Scientific equipment granted temporary admission may be re-exported in one or several
consignments, through any Customs Office open for such operations, and not necessarily through the Customs
Office of importation.
Article 8 : Scientific equipment granted temporary admission may be disposed of otherwise than by re-
exportation, and in particular may be taken into home use, subject to the compliance with the conditions and
formalities laid down by the laws and regulations of the country of temporary importation.
Article 9 : Notwithstanding the requirements of re-exportation laid down by this Convention, the re-exportation
of all or part of scientific equipment badly damaged in duly authenticated accidents shall not be required,
provided that it is:
(a)subject to the import duties and taxes to which it is liable; or
(b)abandoned free of all expense to the Exchequer of the country into which it was temporarily
imported; or
(c)destroyed, under official supervision, without expense to the Exchequer of the country into
which it was temporarily imported;
as the Customs authorities may require.
Article 10 : The provisions laid down in Article 9 above shall also apply to parts which have been replaced
as a result of repairs or alterations undergone by the scientific equipment while in the country of temporary
importation.
Article 11 : The provisions of Articles 6, 7, 8 and 9 shall also apply to the spare parts and tools referred to
in Article 2.
Article 13 : The provisions of this convention set out the minimum facilities to be accorded. They do not prevent
the application of greater facilities which certain contracting parties granted or may grant in future by unilateral
provisions or by virtue of bilateral or multilateral agreements.
Article 14 : For the purpose of this Convention, the territories of a Contracting parties which form a Customs
or economic union may be taken to be a single territory.
Article 15 : The provisions of this Convention shall not preclude the application of prohibitions or restrictions
imposed under national laws and regulations on grounds of public morality or order, public security, public
hygiene or health, or relating to the protection of patents and trade marks.
Article 16 : Any breach of the provisions of this Convention, any substitution, false declaration or act having
the effect of causing a person (natural or legal) or equipment improperly to benefit from the facilities provided
for in this Convention, may render the offender liable in the country where the offence was committed to the
penalties prescribed by the laws and regulations of that country and to payment to any import duties and taxes
chargeable.
Article 18 : 1. Any dispute between Contracting Parties concerning the interpretation or application of the
present Convention shall so far as possible be settled by negotiation between them.
2. Any dispute which is not settled by negotiation shall be referred by the Contracting Parties in dispute
to the Contracting Parties' meeting in conformity with Article 17 of the present Convention, which shall
thereupon consider the dispute and make recommendations for its settlement.
3. The Contracting Parties in dispute may agree in advance to accept the recommendations of the
Contracting Parties as binding.
Article 19 : 1. Any State Member of the Council and any State Member of the United Nations or its
specialised agencies may become a Contracting Party to the present Convention;
(a) by signing it without reservation of ratification;
(b) by depositing an instrument of ratification after signing it subject to ratification; or
(c) by acceding to it.
2. The present Convention shall be open until 30th June, 1969 for signature at the Headquarters of the
Council in Brussels, by the State referred to in paragraph 1 of this Article. Thereafter, it shall be open for the
accession.
GENERAL EXEMPTION NO. 133 1638
3. Any State, not being a Member of the Organisations referred to in paragraph of this Article to which
an invitation to that effect has been addressed by the Secretary General of the Council at the request of the
Contracting Parties, may become a Contracting Party to the present Convention by acceding thereto after its
entry into force.
4. The instruments of ratification or accession shall be deposited with the Secretary-General of the
Council.
Article 20 : 1. The present Convention shall enter into force three months after five of the States referred
to in paragraph 1 of Article 19 thereof have signed it without reservation of ratification or have deposited their
instruments of ratification or accession.
2. For any state signing without reservation of ratification, ratifying or acceding to the present Convention
after five States have signed it without reservation of ratification or have deposited, their instruments of
ratification or accession, the present Convention shall enter into force three months after the said State has
signed without reservation of ratification or deposited its instruments of ratification or accession.
Article 21 : 1. The present Convention is of unlimited duration. However, any Contracting Party may
denounce it at any time after the date of its entry in force under Article 20 thereof.
2. The denunciation shall be notified by an instrument in writing deposited with the Secretary General of
the Council.
3. The denunciation shall take effect six months after the receipt of the instrument of denunciation by the
Secretary General of the Council.
Article 22 : 1. The Contracting Parties meeting in conformity with Article 17 of the present Convention may
recommend amendments thereto.
2. The text of any amendment so recommended shall be communicated by the Secretary-General of the
Council to all Contracting Parties, to all other signatory States, to the Secretary General of the United Nations
and to the Director General of the United Nations Educational, Scientific and Cultural Organisation
(UNESCO).
3. Within a period of six months from the date on the recommended amendment so communicated, any
Contracting Party may inform the Secretary-General of the Council.
the Secretary-General of the Council of their acceptance of the recommended amendment, provided that, if
all the acceptances were notified before the expiry of the period of six months referred to in paragraph 3 of
this Article, that date shall be taken to be the date of expiry of the said six months period;
(ii) the date of expiry of the nine-month period referred to in paragraph 4 of this Article.
7. Any amendment deemed to be accepted shall enter into force six months after the date on which it
was deemed to be accepted.
8. The Secretary-General of the Council shall as soon as possible, notify all Contracting Parties and other
signatory States of any objection to the recommended amendment made in accordance with paragraph 3(a),
and of any communication received in accordance with paragraph 3(b), of this Article. He shall subsequently
inform all the Contracting Parties and other signatory States whether the Contracting Party or Parties which
have sent such communication raise an objection to the recommended amendment or accept it.
9. Any State ratifying or acceding to the present Convention shall be deemed to have accepted any
amendments thereto which have entered into force at the date of deposit of its instrument of ratification or
accession.
Article 23 : 1. Any State may, at the time of signing the present Convention without reservation of ratification
or of depositing its instrument of ratification or accession or at any time thereafter, declare by notification given
to the Secretary-General of the Council that the present Convention shall extend to all or any of the territories
for whose international relations it is responsible or for which it assumes international responsibility. Such
notification shall take effect three months after the date of the receipt thereof by the Secretary-General of the
Council provided however, that the Convention shall not apply to the territories named in the notification before
the Convention has entered into force for the State concerned.
2. Any State which has made a notification under paragraph 1 of this Article extending the present
convention to any territory for whose international relations it is responsible or for which it assumes international
responsibility may notify the Secretary-General of the council in accordance with the provisions of Article 21
of the present Convention, that the territory in question will no longer apply the convention.
Article 25 : The Secretary-General of the Council shall notify all Contracting Parties, the other signatory
States, the Secretary-General of the United Nations and the Director General of the United Nations
Educational, Scientific and Cultural Organisation (UNESCO), of A.
(a) signatures, ratifications and accessions under Article 19 of the present Convention;
(b) the date of entry into foce of the present Convention in accordance with Article 20;
(c) denunciations under Article 21;
(d) any amendment deemed to have been accepted in accordance with Article 22 and the date
of its entry into force.
(e) notifications received in accordance with Article 23.
Article 26 : In accordance with Article 102 of the Charter of the United Nations, the present Convention shall
be registered with the Secretariat of the United Nations at the request of the Secretary General of the Council.
In witness thereof the undersigned being duly authorised thereto have signed the present Convention.
Done at Brussels this eleventh day of June, nineteen hundred and sixty-eight, in the English and French
languages, both tests being equally authentic, in a single original which shall be deposited with the Secretary
General of the Council who shall transmit certified copies to all the States referred to in paragraph 1 of Article
GENERAL EXEMPTION NO. 133 1640
For Afghanistan; For Albania; For the Federal Republic of Germany; For Argentina; For Austria; For
Belgium; For Burma; For Botswana; For Bulgaria; For Cambodia; For Canada; For Chile; For Cyprus;
For Congo (Brazzaville); For the Republic of Korea; For Ivory Coast; For Dahomey; For Ecuador; For the
United States of America; For Bolivia; For Brazil; For Burundi; For Cameroon; For Ceylon; For the Republic
of China; For Colombia; For Congo (Kinshasa); For Costa Rica; For Cuba; For Denmark; For Spain; For
Ethiopia;
For Finland; For Gabon; For Ghana; For Guatemala; For Guyana; For Upper Volta; For Hungary; For
Indonesia; For Iraq; For Iceland; For Italy; For Japan; For Jordan; For the Republic of South Africa; For
Algeria; For Saudi Arabia; For Australia; For Barbados; For the Byelorussia, USSR; For Lesotho; For
Liberia; For Luxembourg; For Malayasia; For Mali; For Morocco; For Mexico; For Nepal; For Niger; For
Norway;
For Uganda; For Panama; For the Kingdom of the Netherlands; For Philippines; For France; For Gambia;
For Greece; For Guinea; For Haithi; For Honduras; For India; For Iran; For Ireland; For Israel; For Jamaica;
For Kenya; For Kuwait; For Tunisia; For Ukrainian, USSR; For Uruguay, For the Republic of Vietnam;
For South Yemen; For Zambia; For Laos; For Lebanon; For Libya; For Madagascar; For Malawi; For
Malta;
For Mauritania; For Mongolia; For Nicaragua; For Nigeria; For New Zealand; For Pakistan; For Paraguay;
For Portugal; For the United Arab Republic; For the Dominican Republic; For the United Kingdom of Great
Britain and Northern Ireland; For El Salvador; For Sierra Leone; For Somalia; For Sweden; For Tanzania;
For Czechoslovakia; For Togo; For Peru; For Poland; For the Syrian Arab Republic; For the Central African
Republic; For Rumania; For Rwanda; For Senegal; For Singapore; For Sudan; For Switzerland; For Chad;
For Thailand; For Trinidad and Tobago; For Turkey; For Union of Soviet Socialist Republics; For Venezuela;
For Yemen; For Yugoslavia;
The Secretary-General of the Customs Co-operation Council certifies that this is a true copy of the original
deposited in the archives of the Customs Co-operation Council Brussels, 17th September, 1968.
GENERAL EXEMPTION NO. 134 1641
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of
1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby
exempts -
(a) Pedagogic materials, namely, material used for the purposes of educational or
vocational training and especially the models, instruments, apparatus, machines and accessories
therefor;
(b) spare-parts for such pedagogic material; and
(c) tools specially designed for the maintenance, checking, gauging or repair of such material;
(1) the importer makes a declaration at the time of import that the goods are being imported
temporarily subject to re-exportation;
(2) the goods are imported in reasonable quantities having regard to the purpose of importation;
(3) the goods are capable of identification on re-exportation;
(4) the goods are re-exported within six months from the Date of importation or within such
extended period not exceeding one year as may be allowed by the Commissioner of Customs, and an
undertaking is furnished in writing by the importer to the effect that the goods shall be re-exported within the
aforesaid period;
(5) while the goods are in India, they remain in the ownership of a natural person resident
abroad or a legal person established abroad;
(6) a duly authorised officer of the Ministry of Education and Social Welfare certifies, in each
case, that the goods in respect of which the exemption under this notification is claimed are pedagogic
materials; and
(7) generally subject to the provisions of the "Customs Convention on the Temporary Importation
of Pedagogic Material" reproduced in the Annexure to this notification.
ANNEXURE
CUSTOMS CONVENTION
On the temporary importation of Pedagogic Material
PREAMBLE
The CONTRACTING PARTIES to the present Convention, established under the auspices of the Customs
Co-operation Council in consultation with the United Nations Educational, Scientific and Cultural Organisation
(UNESCO).
GENERAL EXEMPTION NO. 134 1642
Considering the important contribution made by the international circulation of pedagogic material to the
development of education and vocational training, which are essential foundations for economic and social
progress.
Convinced that the adoption of general facilities for the temporary duty-and tax-free importation of pedagogic
material can make an effective contribution to that end.
Have agreed as follows:
CHAPTER 1 : DEFINITIONS
Article 1 : For the purposes of this Convention:
(a) the term "pedagogic material" means any material used for purposes of education or vocational
training, and especially the models, instruments, apparatus, machines and accessories therefor shown
in the non-limitative list in the Annex. to this Convention;
(b) the term "import duties and taxes" means Customs duties and all other duties, taxes, fees or other
charges which are collected on or in connection with the importation of goods, but not including fees
and charges which are limited in amount to the approximate cost of services rendered;
(c) the term "temporary admission" means temporary importation free of import duties and taxes and
free of import prohibitions and restrictions, subject to re-exportation;
(d) the term "approved institutions" means public or private educational or vocational training institutions
whose aims are essentially non-profit making and which have been approved by the competent
authorities of the importing country for the purpose of receiving pedagogic material or temporary
admission;
(e) the term "ratification" means ratification, acceptance or approval;
(f) the term "the Council" means the Organisation set up by the Convention establishing a Customs Co-
operation Council, done at Brussels on 15th December, 1950.
CHAPTER II : SCOPE
Article 2 : Each Contracting party undertakes to grant temporary admission to:
(a) pedagogic material which is to be used within its territory solely for purposes of education or
vocational training;
(b) spare parts of pedagogic material which has been granted temporary admission under paragraph
(a) of this Article, and tools specially designed for the maintenance, checking, gauging or repair of such
material.
Article 3 : Temporary Admission of the pedagogic material, spare parts and tools may be made subject to
the following conditions;
(a) that they are imported by approved institutions and used under their control and responsibility;
(b) that they are used for non-commercial purposes within the country of importation;
(c) that they are imported in reasonable quantities having regard to the purpose of the importation;
(d) that they are capable of identification on re-exportation;
(e) that while they are in the country of importation they remain in the ownership of a natural person
resident, abroad or a legal person established abroad;
Article 4 : Each Contracting Party may suspend, in whole or in part, the undertakings given under this
Convention where:
(a) goods of equivalent pedagogic value to the pedagogic material whose temporary admission is
GENERAL EXEMPTION NO. 134 1643
sought, or
(b) spare parts which can be used in place of those whose temporary admission is sought, are
produced and available in the country of importation.
Article 5 : Each Contracting Party undertakes wherever it deems possible not to require security for the
amount of import duties and taxes, but to be satisfied with a written undertaking. Such undertaking may be
required for each importation or on a general basis for a specified period or, where applicable, for the period
of approval of the institution.
Article 6 : 1. Pedagogic material granted temporary admission shall be re-exported within six months from
the date of importation. However, the Customs authorities of the country of temporary importation may require
re-exportation within a shorter period considered sufficient to achieve the object of temporary importation.
2. For valid reasons, the Customs authorities may either grant a longer period or extend the initial period.
3. When all or part of the pedagogic material granted temporary admission cannot be re-exported as a
result of a seizure, other than a seizure made at the suit of private persons, the requirement of re-exportation
shall be suspended for the duration of the seizure.
Article 7 : Pedagogic material granted temporary admission may be re-exported in one or several con-
signments, through any Customs office open for such operations, and not necessarily through the Customs
office of importation.
Article 8 : Pedagogic material granted temporary admission may be disposed of otherwise than by re-
exportation, and in particular may be taken into home use, subject to compliance with the conditions and
formalities laid down by the laws and regulations of the country of temporary importation.
Article 9 : Notwithstanding the requirement of re-exportation laid down by this Convention, the re-exportation
of all or part of pedagogic material badly damaged in duly authenticated accidents shall not be required, provided
that is-
(a) Subject to import duties and taxes to which it is liable; or
(b) abandoned free of all expense to the Exchequer of the country into which it was temporarily
imported; or
(c) destroyed, under official supervision, without expense to the Exchequer of the country into
which it was temporarily imported;
as the Customs Authorities may require.
Article 10 : The provisions laid down in article 9 above shall also apply to parts which have been replaced as
a result of repairs or alterations undergone by the pedagogic material while in the country of temporary
importation.
Article 11 : The provisions of Article 6, 7, 8 and 9 shall also apply to the spare parts and tools referred to
in Article 2.
CHAPTER IV : MISCELLANEOUS PROVISIONS
Article 12 : 1. Each Contracting Party shall reduce to a minimum the Customs formalities required in
GENERAL EXEMPTION NO. 134 1644
connection with the facilities provided for in this Convention. All regulations concerning such formaliaties shall
be promptly published.
2. Customs examination and clearance on the importation and re-exportation of pedagogic material, spare
parts and tools, shall whenever possible and appropriate, be effected at the place of use of the material:
Article 13 : The provisions of this Convention set out the minimum facilities to be accorded. They do not
prevent the application of greater facilities which certain Contracting Parties grant or may grant in future by
unilateral provisions or by virtue of bilateral or multilateral agreements.
Article 14 : For the purpose of this Convention, the territories of Contracting Parties which form a Customs
or economic union may be taken to be a single territory.
Article 15 : The provisions of this Convention shall not preclude the application of prohibitions or restrictions
imposed under national laws and regulations on grounds of public morality or order, public security, public
hygiene or health, or relating to the protection of patents and trade marks.
Article 16 : Any breach of the provisions of this Convention, any substitution, false declaration or act having
the effect of causing a person (natural or legal) or material improperly to benefit from the facilities provided
for in this Convention, may render the offender liable in the country where the offence was committed to the
penalties prescribed by the laws and regulations of that country and to payment of any import duties and taxes
chargeable.
Article 18 : 1. The Convention shall enter into force three months after five of the States referred to in
paragraph 1 of Article 17 thereof have signed it without reservation of ratification or have deposited their
instruments of ratification or accession.
2. For any State signing without reservation of ratification, ratifying or acceding to this Convention after
five States have signed it without reservation of ratification or have deposited their instruments of ratification
or accession, this Convention shall enter into force three months after the said State has signed without
reservation of ratification or deposited its instruments of ratification or accession.
GENERAL EXEMPTION NO. 134 1645
Article 19 : 1. Any State may, at the time of signing, this Convention without reservation of ratification, or
of depositing its instrument of ratification or accession or at any time thereafter, declare by notification given
to the Secretary General of the Council that this Convention shall extend to all or any of the territories for whose
international relations it is responsible or for which it assumes international responsibility. Such notification shall
take effect three months after the date of the receipt thereof by the Secretary General of the Council provided,
however that the Convention shall not apply to the territories named in the notification before the Convention
has entered into force for the State concerned.
2. Any State which has made a notification under paragraph 1 of this Article extending this Convention
to any territory for whose international relations it is resposible or for which it assumed international
responsibility may notify the Secretary General of the Council, in accordance with the provisions of Article 21
of this Convention, that the territory in question will no longer apply the Convention.
Article 21 : 1. This Convention is of unlimited duration. However, any Contracting Party may denounce it
at any time after the date of its entry into force under Article 18 thereof.
2. The denunciation shall be notified by an instrument in writing, deposited with the Secretary General
of the Council.
3. The denunciation shall take effect six months after the receipt of the instrument of denunciation by the
Secretary General of the Council.
Article 22 : 1. The Contracting Parties shall meet together when necessary in order to consider the operation
of this Convention and, in particular, in order to consider measures to secure uniformity in the interpretation
and application of this Convention.
2. Such meetings shall be convened by the Secretary General of the Council at the request of any
Contracting Party. Unless the Contracting Parties otherwise decide, the meetings shall be held at the
Headquarters of the Council.
3. The Contracting Parties shall lay down the rules of procedure for their meetings.
4. Decisions of the Contracting Parties shall be taken by a majority of not less than two-thirds of the
Contracting Parties present at the meeting and voting. Only contracting parties casting an affirmative or
negative vote shall be deemed to be voting.
5. The Contracting Parties shall not take a decision on any matter unless more than half of them are
present.
Article 23 : 1 Any dispute between Contracting Parties concerning the interpretation or application of this
Conversion shall so far as possibly as settled by negotiation between them.
2. Any dispute which is not settled by negotiation shall be referred by the Contracting Parties in dispute
to the Contracting Parties meeting in conformity with Article 22 of this Convention, which shall thereupon
consider the dispute and make recommendations for its settlement.
3. The Contracting Parties in dispute may agree in advance to accept the recommendations of the
Contracting Parties as binding.
Article 24 : 1. Amendments to this Convention may be proposed either by a Contracting Party or by the
Contracting Parties meeting in accordance with Article 22 of this Convention.
2. The text of any amendment so proposed shall be communicated by the Secretary General of the
Council to all Contracting Parties, to all other signatory States, to the Secretary General of the United Nations
GENERAL EXEMPTION NO.134 1646
and to the Director General of the United Nations Educational, Scientific and Cultural Organisation
(UNESCO).
3. Within a period of six months from the date on which the proposed amendment is so communicated,
any Contracting Party may inform the Secretary General of the Council -
4. If a Contracting Party sends the Secretary General of the Council a communication as provided for
in paragraph 3(b) of this Article, it may, so long as it has not notified the Secretary General of its acceptance
of the proposed amendment, submit an objection to that amendment within a period of nine months following
the expiry of the six-months period referred to in paragraph 3 of this Article.
5. If an objection to the proposed amendment is stated in accordance with the terms of paragraph 3 or
4 of this Article, the amendment shall be deemed not to have been accepted and shall be of no effect.
6. If no objection to the proposed amendment in accordance with paragraph 3 or 4 of this Article has been
stated, the amendment shall be deemed to have been accepted as from the date specified below:
(a) if no Contracting Party has sent a communication in accordance with paragraph 3(b) of this
Article, on the expiry of the period of six months referred to in paragraph 3;
(b) if any Contracting Party has sent a communication in accordance with paragraph 3 (b) of
this Article, on the earlier of the following two dates;
(i) the date by which all the Contracting Parties which sent such communications have notified
the Secretary General of the Council of their acceptance of the proposed amendment, provided that, if all the
acceptances were notified before the expiry of the period of six months referred to in paragraph 3 of this
Article, that date shall be taken to be the date of expiry of the said six-months period.
(ii) the date of expiry of the nine-months period referred to in paragraph 4 of this Article.
7. Any amendment deemed to be accepted shall enter into force six months after the date on which it
was deemed to be accepted.
8. The Secretary General of the Council shall, as soon as possible, notify all Contracting Parties and other
signatory States of any objection to the proposed amendment made in accordance with paragraph 3(a), and
of any communication received in accordanced with paragraph 3(b), of this Article. He shall subsequently
inform all the Contracting Parties and other signatory States whether the Contracting party or Parties which
have sent such a communication raise an objection to the proposed amendment or accept it.
9. Any State ratifying or acceding to this Convention shall be deemed to have accepted any amendments
or modifications thereto which have entered into force at the date of deposit of its instrument of ratification or
accession.
Article 25 : The Annex to this Convention shall be construed to be an integral part of the Convention.
Article 26 : The Secretary General of the Council shall notify all Contracting Parties, the other signatory States,
the Secretary General of the United Nations and the Director General of the United Nations Educational,
Scientific and Cultural Organisation (UNESCO), of;
(a) signatures, ratifications and accessions under Article 17 of this Convention;
(b) the date of entry into force of this Convention in accordance with Article 18;
(c) notifications received in accordance with Article 19;
(d) denunciations under Article 21;
GENERAL EXEMPTION NO. 134 1647
(e) any amendment deemed to have been accepted in accordance with Article 24 and the date
of its entry into force.
Article 27 : In accordance with article 102 of Charter of the United Nations, this Convention shall be registered
with the Secretariat of the United Nations at the request of the Secretary General of the Council.
In witness whereof the undersigned being duly authorised thereto, have signed this Convention.
Done at Brussels this eighth day of June, nineteen hundred and seventy, in the English and French
languages, both texts being equally authentic, in a single original which shall be deposited with the Secretary
General of the Council who shall transmit certified copies to all the States referred to in paragraph 1 to 17 of
this Convention,
For Afghanistan: For Albania: For the Federal Republic of Germany: For Argentina: For Algeria: For Saudi
Arabia: For Australia: For Belgium: For Burma: For Bolivia: For Brazil: For Burundi: For Cameroon: For
Ceylon: For the Republic of China: For Colombia: For Congo (Democratic Rep. of): For Cost Rica: For Cuba:
For Denmark: For Spain: For Ethiopia: For France: For Gambia: For Greece: For Guinea: For Guyana: For
the United States of America: For Finland: For Gabon: For Ghana: For Guatemala: For Equatorial Guinea:
For Haiti: For Honduras: For India: For Hungary: For Indonesia: For Iran: For Iceland: For Italy: For Iraq:
For Ireland: For Israel: For Jamica: For Jordan: For Kuwait: For Lesotho: For Liberia: For Luxembourg:
For Madagascar: For Malawi: For Mali: For Morocco: For the Ukrainian USSR: For Uruguay: For the
Republic of Vietnam: For Malaysia: For The Maldive Islands: For Malta: For Mauritius: For Mexico: For
Nepal: For Nigeria: For Norway: For Uganda: For Panama: For the Kingdom of the Netherlands: For The
Phillippines: For Portugal: For The United Arab Republic: For the Dominican Republic: For Austria: For
Barbodos: For The Byelorussian, USSR: For The Republic of South Africa: For Upper Volta: For The Syrian
Arab Republic: For Rumania: For Rwanda: For Senegal: For Singapore: For Japan: For Kenya: For Laos:
For Lebanon: For Libya: For Botswana: For Bulgaria: For Cambodia: For Canada: For Chile: For Cyprus:
For Congo (Brazzaville): For The Republic of Korea: For Ivory Coast: For Dahomey: For Ecuador: For
Mauritania: For Mongolia: For Nicaragua: For Nigeria: For New Zealand: For Pakistan: For Paraguay: For
Peru: For Poland: For Sudan: For Switzerland: For Tanzania: For Czechoslovakia: For Togo: For Tunisia:
For The United Kingdom of Great Britan and Northern Ireland: For El salvador: For Sierra Leone: For Somalia:
For Sweden: For Swaziland: For Chad: For Thailand: For Trinidad and Tobago; For Turkey; For the Union
of Soviet Socialist Republic; For Venezuela: For Yemen: For Southern Yemen:
For Zambia: For Yugoslavia: For Central African Republic;
The Secretary General of the Customs Cooperation Counci