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Your Exported Goods Are Coming Back to India. Will You Pay Duty Again?

Pradeep Reddy Unnathi Partners
Re-imported export goods can claim customs duty exemption under Notification 45/2017 if all export incentives are reversed When exported goods are re-imported into India due to rejection, cancellation, or other reasons, customs duty can generally be exempt under Notification 45/2017, provided strict conditions are met. The exporter must fully reverse all export-linked benefits previously availed, including duty drawback, IGST refund, RoDTEP/RoSCTL credits, and exemptions under EPCG, Advance Authorisation, or similar schemes. Goods must be re-imported within prescribed time limits (typically three years, extendable to five under some schemes). The exporter must also timely intimate and obtain acknowledgement from Customs and DGFT; non-compliance can forfeit the exemption. (AI Summary)

It happens more often than you think.

You export goods… and then something goes wrong overseas.
Maybe a quality issue, maybe the project got cancelled, maybe the buyer rejected the shipment.

And now those same goods are coming back to India.

Customs looks at them and says:
“Pay duty again.”

Sounds unfair, right?

Good news: Most of the time, you don’t have to pay.
Notification 45/2017 protects you.

But there’s one important catch.

To Get Duty Exemption, You Must Return ALL Export Benefits
When you originally exported the goods, you may have taken incentives like:

Duty drawback

IGST refund

RoDTEP or RoSCTL credits

EPCG / Advance Authorisation / DEEC exemptions

You must reverse every benefit you claimed.
Only then will Customs waive the duty on re-import.

Think of it as a clean swap:
You return the benefits ? Customs waives the duty.

Where Most Companies Mess Up
1. Missing the 3-year deadline
Goods must return within 3 years (sometimes 5 years under certain schemes).
Miss that window ? no exemption.

2. Forgetting a small incentive
Even a tiny IGST refund or duty credit counts.
If you don’t reverse everything, Customs will catch it.

3. Not informing authorities on time
Before clearing the goods, you must inform:

Your local Customs officer

DGFT

Without their acknowledgement, the exemption fails.

Why This Matters
Re-imports are common.
Unexpected duties shouldn’t be.

A small compliance miss can cost lakhs.
A little clarity can save it.

Conclusion

Understanding the re-import rules under Notification 45/2017 is essential for every Indian exporter. With timely action, full reversal of export benefits, and proper intimation to Customs and DGFT, you can avoid unnecessary duty and keep your export operations cost-efficient.

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