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Circulars
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Anti-Dumping Duty on Compact Fluorescent Lamps (CFL) from China and Hong Kong
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Anti-dumping duty scope clarified: duty on compact fluorescent lamps does not extend to component parts, finalize assessments.
Clarification that the Anti Dumping Duty on Compact Fluorescent Lamps applies only to complete, ready to use CFLs with either integrated or external chokes and does not extend to parts or components; customs formations are directed to finalise pending assessments accordingly.
Daily list of Import/Exports pertaining to ICD, Sabarmati , Ahmedabad and Air Cargo Complex, Ahmedabad for 2007-2008 – Regarding
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Publication of daily import/export lists subject to paid subscription, DD/PO payment, non refundable terms and possible data changes.
Daily import and export lists for ICD Sabarmati and Air Cargo Complex, Ahmedabad are available on a paid subscription basis for 2007-08; payments must be by demand draft or pay order to the Commissioner of Customs, cheques are not accepted, subscription periods are fixed and fees are non refundable. Outstation subscribers receive lists by registered post and must state intended use. The Daily List will include specified import and export data fields (dates, ITC/HS codes, descriptions, quantities, values, origin/destination, vessel names). The format and content may be revised pending CBEC review.
In-bond manufacturing - Commissioner to grant permission
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In-bond manufacturing permission: Commissioner-level authority to grant approvals retained for uniformity and to prevent misuse.
Authority to permit in-bond manufacturing in customs warehouses is to be exercised by Commissioners under existing executive instructions, notwithstanding that Section 65 vests sanctioning power in Assistant/Deputy Commissioners. This Commissioner-level practice, established by Board Circular No. 132/95-Cus., must be followed uniformly to prevent misuse, and standing instructions and public notices should be issued for field staff and trade guidance.
Container Movement Control Cell (CMCC) Partial modification of the procedure for movement of import containers from the port/ terminal Reg.
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Customs sealing requirements clarified: sealing and sticker rules defined for intact versus tampered container seals.
The CMCC procedure is clarified: if the load port seal is OTBS and intact, no Customs sealing or sticker affixation is required; if OTBS is damaged/tampered, Customs sealing and sticker affixation are required; if the seal is other than OTBS and intact, Customs sealing is required but no sticker affixation; if other than OTBS and damaged/tampered, both Customs sealing and sticker affixation are required. All other terms of the earlier Public Notice remain unchanged.
Specifying Inland Container Depot (ICD), Valvada, Taluka: Umbergaon, Distt. Valsad for clearance of imported goods and export goods under EPCG schemes-Regarding.
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Inland container depot specification for EPCG imports and exports permits conditional clearance subject to procedural and inspection requirements.
ICD Valvada (Umbergaon) is specified for permitting import/export under the EPCG scheme subject to conditions: assessment of Bills of Entry and Shipping Bills by an officer not below Assistant/Deputy Commissioner; licence endorsements by such officer; chemical sample testing for synthetic textiles at designated laboratories; selective departmental test-weight checks of containers/packages; submission of Shipping Bills/Bills of Entry at least three days before shipping/unloading (excluding weekends and gazetted holidays); and production of release advice from the customs authority at the licence's port of registration where that port differs from the port of import.
Customs Valuation ( Determination of Value of Export Goods) Rules, 2007- Instructions
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Export Valuation Rules require exporters to file prescribed value declarations with shipping bills for customs valuation compliance.
The notification announces the commencement of the Customs Valuation (Determination of Value of Export Goods) Rules, 2007 and circulates Board Circular No. 37/2007 which clarifies that the rules establish a legal basis for export valuation. It requires exporters, under Rule 7, to file a prescribed value declaration (Annexure A) with their Shipping Bills and directs trade associations and customs agents to publicise the circular and ensure compliance.
Customs Valuation ( Determination of Value of Imported Goods) Rules, 2007- Instructions
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Customs valuation rules clarified; stakeholders urged to follow Board Circular guidance and disseminate it promptly.
New Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 took effect on 10 October 2007 and Public Notice directed stakeholders to those Rules; Board Circular No. 38/2007-Customs dated 09.10.2007 provides clarifications on major changes and stakeholders are requested to publicise the Circular among their members for information and necessary action.
Drawback Schedule, 2007-08- Increase in drawback rates with retrospective effect from 1.4.2007- Exemption from filing supplementary claims
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Drawback rate increase permits automatic crediting of differential drawback for eligible EDI shipping bills without supplementary claims.
Retrospective increase in All Industry Drawback rates from 1 April 2007 is accompanied by a one time relaxation exempting exporters with EDI Shipping Bills (with Let Export Orders during the specified period) from filing supplementary claims; the DG Systems will deploy EDI software to automatically process and credit the differential drawback. Exporters using Manual Shipping Bills must file supplementary claims as required under the Drawback Rules.
Customs valuation (Determination of Value of Export Goods) Rules, 2007- Instructions
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Export valuation rules require acceptance of transaction value unless rejected after inquiry, with provisional release on undertaking.
Transaction value is the primary basis for export valuation under Rule 3 and is accepted even between related parties unless the relationship influenced price; where transaction value is not accepted valuation proceeds through Rules 4-6. Rule 8 permits rejection of declared value upon reasoned doubt, triggers an inquiry, and allows provisional export with representative sample retention and a simple undertaking (Annexure-B), while Annexure-A prescribes the exporter's value declaration to be filed with the shipping bill.
Corrigendum Coord/13-6/98-99/Vol.IV/454
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Accounting code correction updates serial code for deduct refund and drawback under union excise duties.
Correction of accounting classification for Primary Education Cess: the serial code under the sub head deduct refund and drawback within the Union excise duties table is amended to read 00380113 in place of 00380118, and accounting authorities are directed to adopt the corrected Sl. Code for recording deductions, refunds and drawback entries related to Primary Education Cess.
Drawback Schedule, 2007-08 - increase in drawback rates with retrospective effect from 1.4.2007 - exemption from filing supplementary claims - regarding
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Drawback rate increase permits automatic EDI crediting of differential drawback without filing supplementary claims.
The Ministry authorised one time relaxation under Rule 17 to permit automatic payment of differential drawback for exports cleared through EDI (LEOs issued between 1.4.2007 and 17.7.2007) without filing supplementary claims under Rule 15. DG Systems will provide software to process and credit these amounts at EDI locations. Manual shipping bills must follow the normal supplementary claim procedure. Customs must ensure accurate credits, perform sample validations, prevent double payments where claims were already filed, and issue public notices and standing orders.
Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 - Instructions - reg.
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Customs valuation rules clarify inclusion of royalties and transport charges in import value and rejection procedure.
The Circular explains key changes under the Customs Valuation Rules, 2007: Transaction value is defined; provisos bar use of provisionally assessed values for determining identical or similar goods; the residual valuation method is aligned with international provisions. Explanations require inclusion of royalties or licence fees in value even when linked to post importation processes, expand transport cost to cover demurrage and lighterage/barge charges to the place of importation, and clarify that the rejection provision sets a procedure for rejecting declared value while allowing acceptance after consultation.
Customs valuation (Determination of Value of Export Goods) Rules, 2007- Instructions - reg.
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Transaction value acceptance governs export valuation; declared values may be queried but exports released pending verification.
Transaction value is the primary basis for valuation of export goods and shall be accepted even where buyer and seller are related unless the relationship influenced the price; if transaction value is rejected after a reasoned query, valuation must proceed sequentially through the alternate methods, with goods ordinarily released against an undertaking while representative samples are retained and investigations are conducted, except in cases of serious violations where detention or seizure is permitted.
Accounting of Education Cess - reg
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Education Cess accounting: new minor heads opened and balances moved from Receipt Awaiting Transfer, with notifications to assessees.
A new minor head for Secondary and Higher Education Cess has been opened under the Major Heads for Customs, Union Excise Duty and Service Tax with specified accounting and serial codes; amounts held under "Receipt Awaiting Transfer" are to be transferred to this head and Commissioners must be notified to issue Trade Notices. The existing minor head "Education Cess" is renamed Primary Education Cess with its accounting codes unchanged; the "Other Receipts" sub head covers interest and penalties on delayed Service Tax.
Procedure for E-Payment of Customs Duties under the Indian Customs EDI system – (ICES) Imports at Inland Container Depot (ICD)-Ahmedabad & Air Cargo Complex, Ahmedabad– Regarding
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E-payment of customs duties: electronic challan payment via ICEGATE and designated bank enabling automatic customs processing.
An E-Payment facility for customs duties at ICD-Sabarmati and Air Cargo Complex, Ahmedabad is introduced via the ICEGATE CEG and Bank of Baroda. Registered ICEGATE users or unregistered users (by IE Code) select unpaid challans, choose the designated bank, complete internet banking authentication and payment at the bank site, obtain a cyber receipt, and return to ICEGATE to complete the transaction. The bank transmits payment particulars electronically to ICES enabling Bills of Entry to move to the examination queue without physical proof; a VERIFY option is available on the date of payment to resolve incomplete transactions.
Imports made against DEPB licences issued with endorsement of Notifn. No.34/97-Cus dated 7.4.1997 - exemption from special additional duty - Clarification - Reg
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Exemption from special additional duty affirmed for imports under retrospectively issued DEPB licences, with no debit to the DEPB scrip.
DEPB licences issued after judicial recognition of retrospective eligibility for ICD Guntur attract the intervening notification-based exemption from special additional duty; accordingly, the special additional duty need not be debited from the DEPB scrip and exemption should be allowed for imports covered by those licences, with appropriate public notice and internal guidance issued for implementation.
Misuse of unaccompanied baggage facility- regarding
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Misuse of unaccompanied baggage facility curtailed; bonafide baggage requirement enforced and non bonafide imports face adjudication.
Only a passenger's bonafide baggage may be cleared as unaccompanied baggage; all provisions of the Customs Act and Baggage Rules apply except free allowance, and facilitation exceptions for personal effects cannot be used to circumvent import controls. Imports not demonstrably bonafide must be adjudicated for Foreign Trade Policy violations and may attract fines and penalties; field formations must verify the bonafide nature of unaccompanied baggage at clearance.
Creation of Centralized Refund Section & Streamlining the procedure thereof-reg.
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Centralized refund procedure centralizes customs refund claims, mandates acknowledgements, document verification, pre-audit and speaking orders.
Centralized Refund Section Group VII will receive and register all customs duty refund claims (subject to listed exceptions), issue immediate receipts, conduct initial scrutiny to issue acknowledgements or deficiency memos within ten working days, process complete claims on a first-come-first-served basis, requisition original Bills of Entry and departmental records for verification, obtain No Payment Certificates from Accounts, compute and adjust refunds against confirmed demands, route high-value cases for pre-audit, record sanctioned refunds for post-audit, effect payment by crossed cheque in the claimant's name, and issue speaking orders addressing unjust enrichment and reasons for allowance or rejection.
Delegation of power in respect of National Highways Authority of India (NHAI)
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Customs duty exemption authority delegated to Member (Finance) allowing issuance of exemption certificates for NHAI projects.
The Central Board of Excise & Customs directed that, for internationally financed projects, Customs field formations shall accept Customs Duty Exemption Certificates issued by the Member (Finance) of the implementing authority where the implementing authority has delegated the Chairman's signature authority to that Member; existing requirements that the certificate be issued by the executive head and counter signed by an appropriate officer in the line ministry remain applicable.
Classification of Boric Acid and separate chemically defined compounds for the purpose of Customs & Central Excise
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Classification of boric acid clarified: treated as a chemically defined compound; only retail pesticide forms treated as preparations.
Boric acid shall be classified under the tariff entry for separate chemically defined compounds, with the more specific heading preferred over general pesticide headings; only technical grade insecticidal boric acid or boric acid put up for retail sale as pesticide preparations shall be classified under the provision for pesticide/insecticidal preparations. This supersedes earlier circulars and field formations should finalise pending assessments accordingly.

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