FOB contract protection for exporters shipping by air in exigency, benefit capped and available only after prior declaration. Where exporters have contracted on FOB terms but due to exigency ship by air at their expense, drawback need not be reworked by deducting freight from contracted FOB value; benefit is limited and conditional. Exporters must declare exigency to the Assistant Commissioner/Deputy Commissioner (Drawback) before filing Shipping Bills, providing shipment details and prior uses of the concession; the official will verify bona fides, permit filing and clearance, and decide preferably before Drawback processing. Disputed cases may see temporary deduction of airfreight with later speaking orders on differential amounts.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
FOB contract protection for exporters shipping by air in exigency, benefit capped and available only after prior declaration.
Where exporters have contracted on FOB terms but due to exigency ship by air at their expense, drawback need not be reworked by deducting freight from contracted FOB value; benefit is limited and conditional. Exporters must declare exigency to the Assistant Commissioner/Deputy Commissioner (Drawback) before filing Shipping Bills, providing shipment details and prior uses of the concession; the official will verify bona fides, permit filing and clearance, and decide preferably before Drawback processing. Disputed cases may see temporary deduction of airfreight with later speaking orders on differential amounts.
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