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Launch of the Indian Customs EDI System (ICES 1.5) Exports at ICD: Waluj, Aurangabad-Reg.
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Launch of Indian Customs EDI System extends electronic shipping bill processing to ICD Waluj; prior notices apply; helpdesk contact provided.
Commencement of electronic processing of export shipping bills under the Indian Customs EDI System (ICES 1.5) at Inland Container Depot Waluj is announced, with operations governed by the procedures and transitional arrangements in the Commissioner's earlier public notices which apply mutatis mutandis. Help desk support from designated vendors and local departmental officers is provided, and a named Appraiser contact at ICD Waluj is specified for direct assistance to exporters, importers, customs house agents, custodians, banks and other trade stakeholders.
Revised norms for execution of Bank Guarantee under specified Export Promotion Schemes - Modifications in Circular No.17/09-Cus dt.25.05.09 - reg.
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Nil bank guarantee entitlement extended to all status holders under the Foreign Trade Policy; trade notices and officer guidance required.
The reference to Star Export House in prior instructions granting 'nil' bank guarantee for imports under Advance Authorization, EPCG and DFIA schemes is to be read as applying to all status holders recognized under the Foreign Trade Policy; trade notices and internal standing orders should be issued and implementation difficulties reported to the Board.
Setting up Private/Public bonded warehouse for diamonds and gemstones for import and re-export therefrom-reg.
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Withdrawal of bonded warehouse scheme bars new licensing for diamond and gemstone bonding; existing warehouses face transitory regulatory control.
Setting up bonded warehouse facilities for import and re-export of diamonds and gemstones is disallowed following deletion of the scheme from the Foreign Trade Policy; no new bonded warehouse licences for these goods may be granted and prior authorisation is withdrawn. A three-month transitory period requires existing warehouses to surrender bonding licences, treats diamonds and gemstones as dutiable for regulatory control with ex-bonding procedures to apply, and prohibits fresh bonding in existing warehouses.
Reviewing of procedures of post-shipment amendments under Sec. 149 of the Customs Act 1962
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Post-shipment amendment procedure under Customs Act requires documentary justification and internal scrutiny; major changes need senior approval.
Requests for post-shipment amendments under Section 149 must be filed by the CHA/exporter with certified supporting documents and justification to the TA/STA at the CFS; after preliminary scrutiny and completion of documents, the Superintendent examines the amendment against SO 34/2008 and forwards comments to AC/DC(X). Major amendments affecting quantity/value, party names, duty rate/schedule, or licence number require prior ADC/JC approval before issuance of any amendment certificate, and files are to be examined and disposed of within the prescribed time frame.
Export of Edible Oil in branded packs of upto 5 Kg. - regarding
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Export limit for edible oil: branded-pack exemption stopped to prevent breach of the authorised quantitative cap.
Export of edible oil in branded consumer packs of up to 5 Kg was permitted subject to a quantitative limit of 10,000 MT; with exports approaching that cap, authorities are instructed to stop further shipments under the exemption forthwith, ensure no exports beyond the 10,000 MT limit from any ports, and submit a final compliance report to the Directorate.
Procedure for inter CFS transfer of export goods where LEO has not been given
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Inter CFS transfer procedures for export goods require prior approval, customs examination, identification, supervised loading and customs escort.
Inter CFS transfer of export goods where LEO has not been given requires a written request by the exporter/CHA to the AC/X of the transferring CFS with reasons and prior written approval from the receiving CFS AC/X; the AC/X will examine and permit transfers if satisfied. The custodian must identify consignments before loading, loading/unloading occurs under customs supervision, movement is under customs escort with payment of applicable MOT charges, and requests must be made sufficiently prior to the shipping cut off to allow customs examination.
Launch of the Indian Customs EDI System (ICES 1.5) Exports at ICD, Maliwada, Aurangabad-Reg.
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Indian Customs EDI System (ICES 1.5) at ICD Maliwada enables electronic filing and processing of export shipping bills.
ICES 1.5 at ICD Maliwada enables centralized electronic filing and automated processing of export Shipping Bills; requires prior registration of IE codes, CHAs, shipping agents and bank accounts (including for drawback credit), and use of prescribed exchange, currency, country, unit and exim scheme codes; initial filing limited to duty free white Shipping Bills and EGMs.
Special measures for liquidation of Drawback claims pending on account of un-answered queries reg.
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Drawback claims liquidation: exporters must reply to pending EDI queries by deadline for merit processing subject to BRC or supplementary claim rights.
Drawback claims pending due to unanswered EDI queries must be addressed by exporters using service centre printouts, the Drawback Help Desk, or the e-mail/internet facility; a circulated list identifies pending queries. Exporters with shipping bills under "Query raised" before 30-06-2008 must submit replies by 31-12-2009 for merit processing subject to production of Bank Realisation Certificate, or else the claim will be processed at zero drawback while preserving the right to file a supplementary claim within six months.
Buffer Yard Zone created under control of CFS Punjab Conware for handling of factory stuffed containers
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Factory stuffed container routing now requires passage through designated CFS, and buffer yard operations are discontinued.
Factory stuffed export containers, including self-sealed consignments except exempted categories, must be routed through the designated CFS under the procedure established by Public Notice No. 52/2009; the previously created Buffer Yard Zone under CFS Punjab Conware is rescinded and no import/export operations shall take place in that area.
W.P.No.35418/2006 - Public Interest Litigation filed in the High Court of Madras to put display boards / notice boards in Airports / seaports indicating items banned in the Middle-Eastern countries - regarding.
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Banned items notices: airports and seaports must inform passengers about prohibited consumer goods to avoid legal risk.
A departmental directive requires customs and port authorities to install prominent display boards at airports and seaports listing commonly carried items banned in Middle Eastern countries, specifically naming Khas Khas (poppy seeds) and Indian Pan and derivative, noting that poppy seeds are tariff classified and subject to regulatory controls including Narcotics Commissioner registration and plant quarantine, and that several Middle Eastern jurisdictions prohibit their import.
Applicability of indirect taxes on packaged software - regarding
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Right to use software: exemption from customs/excise applies where right to use value is properly segregated, split valuation allowed.
The Board clarified that the 2009 notifications exempt from CVD/excise that portion of packaged or shrink wrapped software value attributable to transfer of the right to use for commercial exploitation, and that the enumeration of rights in the proviso is inclusive such that any one of the listed rights (reproduce, distribute, sell or use components) suffices. Jurisdictions must accept bona fide split valuation separating media value and right to use value for claiming the exemption, and denial is justified only if the split appears contrived to evade duty.
Addendum to Public Notice 36/2009 dated 27.03.2009 whereby Risk Management System (RMS) was introduced for remaining Export Promotion Schemes
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Risk Management System expanded to cover additional export promotion schemes, applying existing customs clearance procedures accordingly.
Nine export-related schemes are added to the scope of the Risk Management System, including Special Imprest Licence; materials for supply to UNO and aid-funded projects; Advance Customs Clearance Permit; Replenishment Licence for gems and jewellery; exemptions for cut and polished diamonds and gemstones under imprest or replenishment licences; Hi-tech Product Export Promotion Scheme; Agri-Infrastructure incentive scrip; Status Holders Incentive Scheme; and Zero Duty EPCG Scheme. The clearance procedure set out in the original Public Notice shall apply mutatis mutandis to these schemes.
Procedure and guidelines for import of diamonds for certification and grading and re-export thereof - reg.
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Import of diamonds for certification and grading subject to bond, detailed entry, control numbering, certification and time-limited re-export.
Import for certification and grading of diamonds is permitted only to authorised GIA offices subject to a general bond at the port, detailed bill of entry endorsed "only for certification and grading", assignment of a unique control number and separate accounting. Re-export must be effected under a shipping bill with cross reference to the bill of entry and accompanied by a GIA certificate confirming identity. GR waiver and RBI compliance for foreign exchange realisation are required, customs may carry out surprise audits, re export must occur within the prescribed period, quarterly statements must be filed, and re export is allowed only from the port of import.
Payment of Un-disbursed amounts of Drawback claims reg.
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Drawback Disbursement: Banks must return un disbursed amounts to Customs; exporters must provide accurate bank details.
Requirement for prompt handling of un-disbursed amounts of All Industry Rate drawback claims where credits to exporters' bank accounts fail; the Nodal Bank must return such un-disbursed sums scroll-wise to Customs with a reconciliation statement and exporter-wise reasons for non-disbursement, and exporters are requested to furnish correct bank account details to ensure timely clearance.
Functioning of Office of the Assistant Drugs Controller (India), CDSCO-Bangalore Sub Zone at Bangalore International Airport– reg.
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No Objection Certificate requirement for specified drug and medical exports now mandated from the CDSCO office at Bangalore airport.
The CDSCO Bangalore Sub Zone office at Bangalore Air India SATS Air Freight Terminal is established effective 21 October 2009 with Sri S. Manivannan as Drugs Inspector; exporters of bulk drugs, formulations, reagents and kits, cosmetics, medical devices, and Ayurvedic and Homeopathic drugs exported through Bengaluru International Airport must obtain a NO OBJECTION CERTIFICATE from that office prior to export clearance.
Export of Coconut and Coconut based products by exporters not registered with Coconut Development Board reg.
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Registration requirement for coconut product exporters - must obtain RCMC before export, excluding husk and fiber.
Exporters of coconut and coconut-based products must obtain a Registration cum Membership Certificate (RCMC) from the Coconut Development Board before export, excluding products made from coconut husk and fiber. The Coconut Development Board is the Export Promotion Council with jurisdiction over the listed ITC (HS) codes in the annexure; the notice addresses instances of exports without RCMC and instructs exporters, Custom House Agents and trade members to secure RCMC prior to export.
Refund/rebate claims — Speaking order required on time-bar and unjust enrichment — Instructions therefor
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Unjust enrichment and limitation must be expressly addressed in refund orders, with CA certificates reconciled to accounts.
Orders disposing refund or rebate claims must expressly address unjust enrichment and statutory time-bar considerations and, if relief is granted, state the specific proviso under the applicable statute authorising the refund; when sanctioning refunds on a Chartered Accountant's certificate, the order must record whether the certificate reconciles with the Balance Sheet and Profit & Loss Account and whether the amount has been received or is receivable.
Implementation of the Hazardous Waste (Management, Handling and Transboundary) Rules, 2008 - Second amendment to the said Rules
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Hazardous waste import rules allow DGFT-approved inspection certificates and SPCB-registered importers to import for actual users.
Amendments permit import of wastes in Part B Schedule III marked ** by actual users or by SPCB-registered importers acting for actual users, who must submit quarterly details of imports and actual users; Rule 16(5) now allows a DGFT-approved inspection and certification agency's pre-shipment inspection certificate as an alternative to an exporting-country laboratory test report, and consignments must be accompanied by Form 9 and satisfy other Hazardous Waste Rules conditions; Customs may clear consignments pending SPCB registration during a transitional period, coordinating with designated nodal officers.
Disposal of goods brought into CFS/Customs area for export but not exported and not obtained shut out reg.
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Disposal of unclaimed export cargo: CFS to initiate auction, valuers determine reserve price; sale proceeds shared.
CFSs must identify unclaimed export goods not under seizure or hold, submit lists for no-hold confirmation, and dispose of such goods by Public Auction/E-auction/Tender. Custodians shall value goods through approved valuers, with a panel of three valuers to resolve doubts, and the valuers' assessed value will form the reserve price. Sale proceeds are to be shared between Custodians and Customs.
Guidelines for compounding of offences under Customs Act, 1962 - regarding
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Compounding of customs offences: eligibility exclusions, disclosure-based scrutiny and payment prerequisites govern acceptance.
Guidelines establish the operative framework for compounding under the Customs Act, 1962 after amendment to Section 137(3), specifying exclusions from compounding, reinforcing the disclosure requirement (applications with contradictions, inconsistencies or incompleteness are not entertainable), mandating factual verification and payment of duty, penalty and interest before filing, limiting immunity to the applicant who fully discloses, applying a higher compounding amount where multiple offences on the same goods have equal evasion metrics, and directing early offer of compounding while preserving the Chief Commissioner's discretion.

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