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Duty Free Replenishment Certificate ( DFRC ) Licence – Exim Police 2000-2001 – instructions reg
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Duty Free Replenishment Certificate rules permit import of specified inputs for export products subject to SION and procedural checks.
The DFRC regime allows eligible exporters to import inputs for export products covered by Standard Input-Output Norms (SION), requiring exporter declarations on shipping bills and permitting only inputs matching declared quality and specifications. Licences are normally valid for twelve months and are freely transferable except where SIONs carry Actual User restrictions. Imports under DFRC are subject to normal checks, require a debit entry against the licence for clearance, permit sourcing from private bonded warehouses under Section 68 compliance, and mandate port-of-registration procedures including Telegraphic Release Advice for other ports.
Pre-shipment inspection --- silk goods – discontinued
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Pre-shipment inspection for silk goods discontinued, removing prior inspection requirement and updating customs procedure.
The Ministry of Textiles directed the dispensation of pre-shipment inspection for silk goods, effective 1.4.2000, removing the prior inspection requirement for silk consignments. The Central Board of Excise & Customs rescinded Circular No. 28/99-Cus. dated 24th May 1999 and instructed officials to note the change and inform all concerned.
Computerised processing of DEPB Shipping Bills under the Indian Customs EDI System (Exports) at Air Cargo, Mumbai
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DEPB processing: exporters must use specified serial numbers on EDI filings to avoid duplicate value-cap errors.
Computerised processing of DEPB shipping bills at Air Cargo, Mumbai continues on the Indian Customs EDI System after revised DEPB rates were uploaded; CHAs and exporters should file DEPB papers on EDI. Where two value caps were prescribed against the same serial number and the EDI system does not accept dual caps, CHAs/exporters must feed the serial numbers as specified in Annexure I for items listed in column 3 when filing shipping bills.
Drawback --- fixation of brand rate for inputs sent to EOUs/EPZ Units for mfg. Export goods on behalf of DTA units
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Brand Rate Drawback eligibility extended to DTA units for inputs processed by EOUs/EPZ under specified procedure.
DTA exporters supplying duty-paid inputs to EOUs/EPZs for manufacture of exported goods are eligible for Brand Rate Drawback upon submission of proof of duty payment. Drawback is payable under Rule 6(1) of the Drawback Rules at a brand rate fixed on specific application, following the prescribed procedure; applications for rate fixation under DEPB must be made to the Directorate of Drawback, and the All-Industry Rate is not available.
DEPB Scheme --- time limit relaxed for application for brand rate – C.Ex. Rule 12 relaxed
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Relaxation of drawback filing time limits allows retroactive brand-rate applications and DEPB drawback claims under extended rule concession.
The Board relaxed the time-limits in Rules 6 and 7 to allow filing of brand-rate fixation applications within ninety days from the Ministry's Circular No. 39/99, covering exports from the introduction of the compounded excise levy up to that Circular, and deemed such cases permitted under Rule 17. In addition, the requirement under Rule 12 for a shipping-bill declaration was relaxed so DEPB shipping bills filed within the same ninety-day period may be used to claim drawback.
Baggage --- commercial quantity – redemption fine/per-sonal penalty leviable
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Baggage imports in commercial quantity must face adjudication and penalties; non-commercial portions remain eligible for free allowance.
Goods imported in baggage that constitute commercial quantity are not permissible within the Baggage Rules and EXIM policy and must be subjected to adjudication with levy of redemption fines and personal penalties rather than released on payment of baggage duty; however, any portion of baggage not in commercial quantity remains eligible for the free baggage allowance.
Drawback --- sanitary/industrial casting (unmachined)- covered under S.S. No. 73.03 of DBK Table
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Drawback coverage clarified for unmachined castings-claims under specified drawback serial may be settled despite tariff omission.
Unmachined sanitary and industrial castings are covered by Drawback S.S. No. 73.03 because they are classifiable under Central Excise/Customs Tariff Heading 73.25 up to proof machining; exporters' drawback claims for these goods are to be settled accordingly. A printing error indicating allocation as "All Customs" is corrected to "All Central Excise," and standing orders, public notices and internal instructions should be issued to inform staff and trade.
DEPB Scheme --- revised guidelines for PMV
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PMV declaration no longer required where FOB value caps are notified, and Customs will not verify PMV.
PMV declaration is not required for exported products for which an FOB value cap has been notified, irrespective of the DEPB rate; Customs will not verify PMV for such products and earlier circulars are amended accordingly.
Pre-export DEPB Scheme
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Pre-export DEPB Scheme withdrawal: existing scrips remain valid for duty-free imports until exhausted; no new scrips.
The Pre-export DEPB Scheme is withdrawn effective 1 April 2000 and no fresh pre-export DEPB scrips will be issued by Licensing Authorities. The amendment to Notification No.34/97-Cus. (via Notification No.66/97-Cus.) permitting duty-free import against pre-export DEPB scrips issued prior to that date remains in force, but will automatically become redundant once all such outstanding scrips are exhausted. Customs staff and trade are to be notified of this change.
Drawback – time limit for processing revised
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Drawback processing time limits set for EDI and manual claims; supervisory scrutiny required for delays.
Directs expedited clearance of drawback claims: EDI claims to be cleared within a short prescribed period and manual claims within a slightly longer prescribed period; supervisory officers must investigate delays and Commissioners must enforce these timelines strictly, with corrective action for deviations, and an earlier circular on the subject is withdrawn.
Disposal of representation/petition
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Administrative responsiveness required: officials must promptly and sympathetically consider public customs representations and inform authorities.
Field officers must treat genuine customs and excise representations and grievances from trade, industry and the public with sensitivity in line with the Citizen Charter, avoiding mechanical application of rules; pending matters of similar nature must be examined on merit on priority and appropriate action taken without delay, with intimation to the Board.
Effective date of notifications
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Notification effective date: customs notifications take effect only upon publication in the official gazette, prompting case reviews.
Notifications under the Customs Act take effect only upon publication in the official gazette; contrary decisions have been set aside. The Board directs circulation of the judgment, immediate disposal of affected pending cases, and reporting of case details with revenue implications to the Board.
Classification – UPSS-classifiable under heading 8543.89 of CTA, 1975 & 8543.00 of CETA, 1985
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Classification of UPSS under customs tariff confirmed, allowing finalisation of assessments and recovery of differential duty.
Classification of UPSS is confirmed under heading 8543 of the Customs Tariff and heading 8543.00 of the Central Excise Tariff, superseding prior conflicting instructions; pending assessments are to be finalised and previously taken Bank Guarantees may be enforced to recover differential duty.
DEPB Scheme --- general release advice
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General release advice replaces multiple TRAs, reducing importer administrative burden and streamlining customs clearance processes.
DEPB scheme permits importers to obtain a General Release Advice instead of issuing separate Transit Release Advice (TRA) for each consignment cleared against a single DEPB scrip, to reduce administrative burden and inter-customs paperwork; Customs Commissioners must ensure strict compliance and address deviations, though the circular was later withdrawn.
Bonded facility ---- alertness about misuse
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Bonded facility misuse prompts mandatory stock verification, record reconciliation and targeted sampling to detect customs duty fraud.
Misuse of the bonded facility involves CHAs substituting imported raw materials with valueless goods, using fabricated Bills of Entry to obtain illicit MODVAT credit, and depositing originals in warehouses. Field formations are directed to perform stock verification of bonded goods held beyond one year, reconcile Customs bond records with warehouse records, profile high-risk goods and importers, and conduct selective sampling of suspect cases, with progress to be reported to the Board.
Wheat Import – Writ Petitions challenging duty
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Emergency power to amend customs tariff permits raising duty where entry was marked "Free", subject to parliamentary approval.
Power to increase import duty under the Customs Tariff Act is exercisable as an emergency power to alter rates specified in the tariff schedule, including where the pre-existing tariff entry was denoted as "Free." Goods shown as "Free" in the tariff remain leviable at that rate and therefore may lawfully be subject to an increased rate by notification issued under the emergency provision; the notification raising duty on wheat was issued under the emergency power and received parliamentary approval.
Drawback---Appraisers authorised to sanction DBK upto Rs. One lakh at all ports
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Drawback sanction authority: appraisers now have uniform sanction limits across ports, with random checks and full pre-audit.
Customs Appraisers at all ports are authorised to sanction drawback claims up to a uniform limit in each case; Assistant Commissioners must conduct random test checks of five percent of cases to ensure compliance with sanctioning instructions; Internal Audit will continue to perform 100% pre-audit of all drawback claims; Customs Houses must issue standing orders and public notices to inform staff and trade; earlier circulars delegating sanctioning powers are superseded.
Drawback --- conversion of DBK SBs into DEEC-cum-DBK SBs – Circular no. 74/97-Cus applicable
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Drawback conversion: Circular clarification confirms DEEC-cum-drawback shipping bill conversion falls under earlier guidelines, notify trade.
The guidelines in Circular No. 74/1997-Customs shall also apply to the conversion of drawback shipping bills into DEEC-cum-drawback shipping bills, correcting an inadvertent omission; the position must be communicated to staff and trade by standing orders, public notices or office orders.
Classification --- Vanilla extract – classifiable under sub-heading no. 1302.19
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Classification of vanilla extract under other vegetable saps and extracts determines its customs duty treatment and applicable rate.
Vanilla extract does not fall within the HS subheading limited to hops and, per the Explanatory Notes, should be classified under the residual "other" category of vegetable saps and extracts; pending assessments are to be finalised accordingly and any implementation difficulties reported to the Board.
Vegetable Oil --- β€˜in loose or bulk form’ – defined
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Bulk or loose import classification determines concessional customs duty eligibility based on retail packability and repacking.
Classification of vegetable oils as 'in loose or bulk form' must be made case-by-case. A key test is whether the imported packing is of a size that permits retail sale in that packing; if it is, the oil generally does not qualify for concessional treatment. Conversely, oils in packing not intended for direct retail sale or which are to be repackaged/refilled by the importer before sale will normally be regarded as in loose or bulk form. Schedule III to the Packaged Commodities Rules may inform the assessment.

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Acts Income Tax