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Circulars
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Clearance of imported metal scrap–Procedure
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Import clearance procedure amendment: additional ICDs listed and inspection annexure reference updated for metal scrap.
The Circular inserts ICD Jodhpur, ICD Jaipur and ICD Udaipur into the authorised customs stations for clearance of imported metal scrap and substitutes the inspection-document reference from Annexure-1 to Appendix-28 to Annexure-1 to Appendix-5 of the Handbook of Procedure (Vol. I). It directs issuance of an immediate Public Notice to trade and requests acknowledgement of receipt, with a Hindi version to follow.
ICD Kundli, Sonepat, Haryana approved place for loading/unloading of export/imported cargo
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Customs area designation approved for ICD Kundli, establishing authorised loading/unloading site and defined boundary limits.
ICD Kundli is approved as an authorised place for loading export goods and unloading imported goods subject to strict observance of the Customs Act and administrative instructions. The customs area is specified as 20,250 square metres, enclosed by a 6 ft boundary wall with 1.5 ft wiring, with four described boundary walls and the western wall incorporating IN and OUT gates facing the main road.
Verification Mechanism and monitoring of export obligation under duty exemption/reward Schemes
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Export obligation verification under duty exemption schemes: 5% random address checks through Central Excise/CGST with monitoring.
The EPM section must compile quarterly lists of authorizations showing license details and licensee information; the Principal Commissioner will direct a 5% random selection of licenses for address verification through jurisdictional Central Excise/CGST offices, and the EPM section shall monitor verification reports and periodically submit outcomes for further action.
Duty free import of lining and interlining materials under Sr.Nos.167 and 168 read with condition No.21 of notification No.21/2002-Cus. dated 1.3.2002 for garment industry – regarding
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Duty-free import entitlement for lining and interlining materials clarified, restoring original export-linked allowance within the overall ceiling.
Duty free import of lining and interlining materials for garment exporters is permitted up to 2% of the FOB value of exports of garments made during the preceding financial year, within the overall ceiling of 3%. An earlier drafting error in condition No.21(b) that had been misread to compound the limitation has been corrected by amendment; Customs Houses that already allowed imports on the clarified basis need not initiate recovery. Public Notices and Standing Orders should be issued for guidance and implementation issues reported to the Board.
Bank Realisation Certificate (BRC) verification module for EDI system-Exports(ICES/I) at the Custom House, Cochin.
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Bank Realisation Certificate verification triggers blocking of drawback sanction until exporters submit and Appraisers verify BRCs.
Exporters must submit BRC details through a new BRC Verification Module in the EDI system and provide hard copy BRCs and a generated checklist to the Appraiser (Drawback) within six months; the Appraiser will verify, accept or reject each BRC, maintain a register and retain copies. The system alerts the Assistant/Deputy Commissioner for non submission and automatically blocks sanction of the relevant drawback amount for the unrealised shipping bill until verification or realization, with recovery action available under the Customs Act and discretion to lift the block after realization.
Mandatory sampling and testing procedure chilli/and chilli products of Export consignments under the Registration of (exporters) Amendment Regulations 2004
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Mandatory sampling and testing for chilli exports requires Spices Board certification of freedom from Sudan dyes and acceptable aflatoxin levels.
Compulsory pre export sampling and laboratory testing require Spices Board certification that consignments of chillies, chilli products and any food products containing chilli are free of Sudan I-IV and do not exceed acceptable Aflatoxin levels; consignments not containerized must be stack sealed pending clearance, container stuffing must be done in the presence of Spices Board staff with container numbers recorded, and specified packing and sampling procedures must be followed. A narrow exemption applies to consignments of whole chillies.
Drawback - Salient features of All Industry Rates of Duty Drawback for 2005-06
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Duty drawback revision shifts most rates to ad valorem with HS alignment and streamlined EDI claim processing.
Revised All Industry Rates of Duty Drawback, effective 5 May 2005, apply Committee recommended rates determined by input prices, SION, import share and applied duties, with education cess and fuel duty factored in. Most specific rates are converted to ad valorem rates with specific caps retained; the Schedule adopts HS four digit classification and expands to about 2,620 entries. EDI at major customs locations treats the shipping bill as the drawback claim, enables online processing and prompt crediting after let export order, and requires resolution of exporter grievances within 72 hours. Requests for reconsideration may be submitted to the Drawback Division by 15 May 2005.
All Industry Rates of Duty Drawback, 2005-06 – Reg
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Duty Drawback Rates revised to ad valorem HS-aligned schedule, with instructions for prompt payment and grievance escalation.
Revised All Industry Rates of Duty Drawback take effect from the operative date and are recalculated based on input prices, SION norms, import shares and applied duties, with education cess and fuel duty incidence included. Rates are now principally expressed as ad valorem with specific caps retained where needed, and the Schedule is realigned to HS four-digit classification. The table format shows separate rates for when CENVAT is and is not availed. Administrative instructions require prompt crediting of drawback post let-export and escalation of unresolved grievances to the Board.
Bank Realisation Certificate (BRC) verification module for EDI System-Exports (ICES/E) at the Custom House, Chennai
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BRC verification enforces foreign exchange realisation by blocking drawback sanction until valid BRCs are accepted.
A BRC verification module requires exporters to enter BRC details for drawback shipping bills filed on or after the effective filing date; a designated Customs Officer will verify BRCs against originals, record Acceptance or Rejection, and only accepted BRCs will be considered for drawback processing. The system will alert AC/DC (Exports) where BRCs are not submitted within the submission deadline and will block sanction of drawback to the extent of the unrealised shipping bill until clearance by AC/DC (Exports).
Backyard of 27 & 28 KPD, Kolkata, notified as Customs Area
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Customs area designation expands storage for non-duty paid import and export cargo with port trust custody.
Notification designates the backyard adjoining 27 & 28 KPD in Khidderpur Dock II, measuring approximately 24,328 square metres, as a Customs area under Section 45 of the Customs Act, 1962 to provide additional storage for non-duty paid import cargo and export cargo, and appoints Kolkata Port Trust as custodian responsible for ensuring the safety and security of goods stored therein, with boundaries described by adjacent roads, sheds and the approach to gate No. 11.
Admissibility of DEPB benefits in respect of supply of goods from the Units in Domestic Tariff Area (DTA) to Units in Special Economic Zone ( SEZ) during the period from 01.04.2003 to 11.5.2004- Regarding
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DEPB eligibility for DTA-to-SEZ supplies confirmed, restoring entitlement for the transitional period and withdrawing prior contrary guidance.
The statutory notification issued under the Customs Act on the EXIM Policy date conferred independent entitlement to DEPB benefits for supplies from DTA units to SEZ units, and that notification prevails over prior executive circulars; accordingly DEPB benefits are admissible for such supplies during the transitional period prior to formal commencement of the SEZ chapter, and the contrary executive circular is withdrawn.
Exemption of declaration of export of value not exceeding US $ 25,000/- in prescribed forms- reg.
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Exemption from export declaration confirmed; customs instructed to accept RBI circular and not demand forms for low value exports.
Exemption from declaration is affirmed for exports below the low value threshold specified by the RBI circular, relieving exporters from submitting GR/SDF/PP/Softex forms for qualifying consignments; customs formations are instructed to recognise and implement the RBI instruction and to stop insisting on those prescribed export declaration forms to avoid delays or harassment.
Revised Norms for Execution of Bond and Bank Guarantee under Advance Licence and EPCG Schemes – Reg
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Bond without surety permitted for eligible importers under Advance Licence and EPCG schemes, reducing surety requirements.
For imports under the Advance Licence and EPCG schemes, specified categories of importers (including Star Export Houses and Public Sector Undertakings) may execute a bond without surety; all other conditions and checks in the earlier Circular remain unchanged, and Public Notices and Standing Orders should be issued with implementation difficulties to be reported to the Board.
Admissibility of All Industry Rates of Duty Drawback on Export Goods Manufactured from out of Inputs, some of which are Non-Duty Paid
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All Industry Rate duty drawback principle upheld-cannot be reduced for use of duty free inputs in exports.
All Industry Rates of duty drawback reflect weighted averages of imported and indigenous input consumption and average duty incidence; they are not tied to an individual exporter's actual input mix. Field officers must not deny or reduce All Industry Rates on the sole ground that some inputs used were duty free, nor recoup drawback by equating exemptions with misdeclaration. The proviso to rule 3 guides Ministry rate determination and does not authorize arbitrary adjustment by field formations; All Industry Rates should therefore be allowed.
No requirement of permission for palletisation- regarding
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Palletisation permission no longer required after Let Export Order; separate loading clearance from Customs still required.
When goods are cleared for export by issuance of a Let Export Order (LEO), Customs permission for palletisation carried out thereafter is not required; however, Customs permission for actual loading into the aircraft must still be obtained. The Board directs issuance of a Public Notice to trade and acknowledgement of receipt, with a Hindi version to follow.
Training for the staff of Customs- regarding
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Customs training requirement mandates weekly interactive sessions to update staff on legal and procedural changes affecting clearance.
A mandatory framework requires each Customs House and station to hold weekly informal interactive sessions for staff involved in assessment, examination, bonded warehouses, Container Freight Stations and preventive functions to inform them of legal and procedural changes, local technical issues and tariff-conference points, to be addressed by experienced senior officers, and to be publicised to the trade by Public Notice with receipt acknowledgement.
Clearance of Green Channel containers directly from the ports - regarding
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Direct clearance of Green Channel containers permits port-based release without transhipment, reducing dwell time and streamlining import processing.
Direct clearance of containers designated under the Green Channel is authorized at port premises without mandatory transhipment to the customs area for examination. Importers may obtain release and inspection at the port itself where such practice is operational, intended to reduce cargo dwell time and improve operational efficiency, and trade must be informed through an appropriate Public Notice.
Filing of documents through ICEGATE- regarding
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Mandatory e-filing requirement: agents and traders must use ICEGATE instead of service centers for high-volume filings.
Customs requires migration to ICEGATE e-filing for Custom House Agents, Exporters and Importers who exceed an average daily document filing threshold at a given location, with the average based on filings in the preceding three months; a self-declaration that the filer does not exceed the threshold at that place suffices, and trade must be informed by Public Notice.
Withdrawal of accredited status- regarding
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Withdrawal of accredited status for delayed duty payment suspends special clearance privileges temporarily to incentivize prompt payment.
If an importer or exporter granted special clearance facilities (Green Channel, Accelerated Clearance Scheme or similar) fails to pay duty within the prescribed short time after assessment, that special status will be suspended for a temporary penal period during which their consignments receive standard clearance treatment; status will be reinstated after the penal period. Implementation is to be facilitated through routine EDI operations and communicated to trade via Public Notice.
Delayed, incomplete or incorrect filing of Import Manifest of Import Report- Regarding-
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Import manifest filing: incomplete or incorrect filings treated as improper and subject to penalty unless corrected within deadline.
Incomplete or incorrect filing of import manifests or import reports is not proper filing and may attract penalties if not corrected before the statutory filing deadline. Minor amendments can be made by shipping lines or agents with the proper officer's permission without adjudication; major amendments require prior permission and adjudication. Corrections made before the filing deadline will not attract penalty; uncorrected improper filings should be penalised and decided promptly, including by waiver of show cause notice where appropriate.

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