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04/2009 - 12-01-2009 Central Excise
Transfers and postings in the grade of Deputy/Assistant Commissioner of Customs and Central Excise
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Administrative transfers and postings ordered for Deputy/Assistant Commissioners, mandatory immediate relief and joining, compliance reporting required.
Transfers and postings of specified Deputy/Assistant Commissioners of Customs and Central Excise are ordered with immediate effect to designated stations. Officers must be relieved immediately and join at their new places of posting on or before 28.01.2009; no representations will be entertained before joining. Chief Commissioners/Directors General must report compliance on relieving and joining to the Board by 05.02.2009.
Anomaly in mentioning of Unit Quantity Code in Bills of Entry and Import Documents – reg.
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Unit Quantity Code accuracy required on bills of entry; importers must use UQC as per tariff schedule.
The Directorate General of Valuation observed repeated inaccuracies in Unit Quantity Code entries on Bills of Entry and requires importers and agents to enter the UQC exactly as provided in the schedule to the Customs Tariff Act in the relevant column of the Bill of Entry. Trade Associations and related bodies are requested to publicise this requirement to ensure compliance with filing procedures for import documentation.
Import of Restricted items under Advance Authorization Scheme - regarding
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Import of restricted items under Advance Authorisation Scheme permitted for export production; prohibited or STE-reserved items remain barred.
Imports of restricted items are permitted under the Advance Authorisation Scheme when brought as inputs for export production, provided such inputs remain under actual user condition until completion of the export obligation; prohibited items and items reserved for import by State Trading Enterprises are not eligible for import under Advance Authorisation.
Guidelines for import of Rough / unprocessed Blocks and Slabs of agglomerated / artificial stones for the year 2008-09
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Import floor price for rough agglomerated stone set by origin; licences must carry endorsed price and port registration.
Minimum import prices for rough/unprocessed blocks and slabs of agglomerated/artificial stones for 2008-09 are mandated and must be endorsed on all licences, with distinct floor prices for goods of Chinese origin and for goods of other origins; licences must also indicate the port of registration as per the option exercised.
Food Products in SION (Vegetable Pickles in Oil/Mixed Pickles in Oil)
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Standard Input Output Norms amended for vegetable pickles in oil, specifying allowable input categories and fuel valuation rules.
Amendment to the Standard Input Output Norms revises the SION entry for Vegetable Pickles in Oil to specify permitted import inputs for each kilogram of export: specified edible oils as relevant fats and oils; food additives approved for pickles; sanitation and cleaning chemicals including acids, alkalis, surfactants and biocides; and fuel for heating/boiling measured as a percentage of the FOB value.
Amendment in Rule 6(6)(i) of Cenvat Credit Rules, 2004 - Regarding
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Inclusion of SEZ developer supplies: amendment limits Cenvat credit coverage to authorized operations, effective prospectively.
Amendment to Rule 6(6)(i) of the Cenvat Credit Rules, 2004 includes goods cleared to a SEZ developer for their authorized operations; the amendment is prospective and applies only to supplies cleared from the date of notification and solely for the developer's authorized operations, and field formations and trade are to be notified with acknowledgment requested.
Payment of Additional Excise Duty (AED) and Special Additional Excise duty (SAED) on motor spirit and high speed diesel and National Calamity Contingent Duty (NCCD) on excisable goods exported from units located in Special Economic Zone (SEZ) - regarding.
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Export duty relief: AED, SAED and NCCD not payable when excisable goods are exported from SEZ units under bond.
AED, SAED and NCCD are not required to be paid where excisable goods are exported from a SEZ unit under bond; SEZ manufacturers may alternatively export under claim for rebate in terms of the Central Excise Rules, subject to following the prescribed procedures for bond or rebate.
Food Products in SION (Biscuits (with or without dry fruits))
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Standard Input-Output Norms update for biscuits clarifies permitted imported inputs and packing policy for exports.
Amendment to the Standard Input-Output Norms for biscuits revises permitted imported inputs and their allocated quantities for the Handbook of Procedures. Specified inputs include flour, sugar or liquid sugar, vegetable shortenings/creams/fats, skimmed milk powder, defined bakery additives, packing materials subject to packing policy, and relevant dry fruits, each linked to the exported product quantity and incorporated as a correction to the Food Products SION entry.
Procedure for payment of Customs Duties by debit in DEPB scrips and reward schemes scrips for imports under EPCG scheme w. e. f. 1.1.2009 as per FTP para 4.3.1 and HBP para 3.23.9 under the Indian Customs EDI system – IICES) - regd.
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Payment by DEPB scrips for EPCG imports enabled; ICES/ICEGATE allows full or partial duty debit within the interest free period.
The Notice permits payment of customs duty on imports under the EPCG scheme by debit to DEPB/duty credit scrips via the ICES/ICEGATE system effective 1 January 2009. After assessment the importer/CHA may elect e payment or seek an Appraising Officer's written authorisation to debit eligible duties on EPCG items from scrips within the interest free period (section 47(2)). The system displays only duties permitted for scrip debit; full scrip debit advances registration prior to examination, while partial debit generates a challan for the balance to be paid by bank or e payment, with banks confirming receipt electronically.
Procedure for Payment of Customs Duties by debit in DEPB scrips and reward scheme scrips for imports under EPCG scheme w.e.f. 1.1.09 as per FTP Para4.3.1 and HBP Para 3.23.9 under the Indian Customs EDI system-(ICES) -reg.
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Duty payment by scrips: EPCG imports can be debited from DEPB and duty credit scrips under revised ICES workflow.
Updates permit duty payment for EPCG imports by debiting eligible DEPB and duty credit scrips within the ICES workflow: ICES will generate the TR 6 challan for full duty and allow importers/CHAs to choose full scrip debit, combined scrip and bank payment, or bank payment alone; the system will display only duties eligible for scrip debit to the Appraising Officer, enable registration prior to examination if entirely debited from scrips, and produce revised Bill of Entry prints and a single challan number for any balance payable by bank, with ICEGATE e payment availability.
Requirement of NOC before clearance of Ozone Depleting Substance (ODS) against Advance Authorizations.
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No Objection Certificate requirement for import of ozone depleting substances restricts clearance under advance authorizations and mandates export only use.
Import clearance for Ozone Depleting Substances under Advance Authorisation schemes requires production of a No Objection Certificate issued by the central export licensing authority, to be considered by the norms committee in consultation with the environment ministry; customs will allow import against Advance Authorisations only upon presentation of that NOC. Such imports are conditional on the entire ODS quantity being exported with the manufactured product and not used in the domestic market, with imports disallowed from 2010 even against valid Advance Authorisations.
FOB value of export for Schemes under Chapter 3 of FTP, clarification regarding commission
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FOB valuation: include commissions and discounts when computing entitlement under export incentive schemes, as clarified by DGFT.
The FOB value of exports for entitlement computation under the Chapter 3 incentive schemes of the Foreign Trade Policy 2004-09 is to be taken inclusive of commissions and discounts, making such amounts part of the FOB base for calculating benefits.
Correlation of inputs with the export product under DFIA Scheme-regarding.
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Input-product nexus clarified under DFIA: correlation required only for sensitive inputs where SION prescribes specifications.
Clarification that under the DFIA scheme, nexus between imported inputs and the exported product must be demonstrated only where SION or the specified HBP provision requires it; designated sensitive inputs require specification of technical specification, quality and characteristics to establish correlation, while other inputs do not necessitate such correlation unless expressly prescribed by SION.
Exim Bank's Line of Credit of USD 25 million to the Government of Ghana
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Line of Credit conditions: majority India-sourced supplies required, timelines and FEMA compliance govern exports and disbursement.
A Line of Credit to the Government of Ghana finances eligible goods and consultancy services from India; exports must meet Foreign Trade Policy eligibility. At least majority India-sourced supplies (85% of contract price) are required, with up to 15% of non-consultancy goods/services procured outside India. The Credit Agreement is effective December 18, 2008 (execution September 2, 2008); LC opening and disbursement deadlines follow project completion schedules or specified maximum periods. Shipments must be declared on GR/SDF forms; no agency commission under the LOC though exporters may use own funds or EEFC balances for commission remittances after realisation, subject to AD Category I bank compliance and FEMA provisions.
Amendments in Handbook of Procedures, Vol. I RE 2008.
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VKGUY benefits restricted to Handicraft products; kitchenware and tableware excluded and certification required for exports.
The amendment deletes VKGUY product codes 15.2, 15.4, 15.5 and 15.6 and confines VKGUY benefits under Table 15 of Appendix 37A to bona fide Handicraft products; cooking and dining items, including tableware and kitchenware, are excluded. Eligibility requires certification where doubt arises, and the change applies to exports made from 1.4.2008.
Amendments in the Handbook of Procedures (Vol.I) (RE-2008)
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Extension of export obligation: first extension available by composition fee or by increasing the obligation, at exporter's choice.
Regional Authorities may grant the first extension of an export obligation period on the exporter's choice of either payment of a composition fee based on the proportionate duty saved on the unfulfilled obligation or an increase in the export obligation by a specified proportion of the total obligation; this choice applies per year of extension and the first extension is limited to a prescribed multi year term, with other existing provisions remaining unchanged.
Procedure for Payment of Customs Duties by debit in DEPB scrips and reward scheme scrips for imports under EPCG scheme w.e.f. 1.1.09 as per FTP Para 4.3.1 and HBP Para 3.23.9 under the Indian Customs EDI system — (ICES)
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Payment of customs duties can be debited from DEPB and duty credit scrips for EPCG imports within five-day interest-free period.
Procedure permits DEPB and duty credit scrips to be debited for customs duty on EPCG imports via ICES. Importer/CHA may pay by bank/e-payment or submit a written request per Annexure A to the Appraising Officer to debit eligible duty on EPCG items from scrips within the interest free period under Section 47(2). System displays only duties permissible for debit; full debits allow registration before examination, partial debits generate a challan for the balance payable through bank or ICEGATE e-payment.
Revisions in submission of reports on two way fungibility of ADRs/GDRs
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Two-way fungibility of ADRs/GDRs reporting must be included in the custodians' monthly Part F report with a prescribed format.
Custodians must submit the report on two-way fungibility of ADRs/GDRs as Part F of the monthly report (per the July 21, 2008 SEBI circular), abandoning separate hard-copy or floppy submissions. Copies of contract notes need not be routinely filed; SEBI will requisition them when required. An appended reporting format captures issuance, redemption, reissuance, market sales, outstanding ADRs/GDRs, shares deposited, contract value and unsold share quantities to facilitate monitoring.
Amendment in the Handbook of Procedures v1.(RE 2008) - DEPB rates shall be effective upto 31-12-2009
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DEPB scheme temporary extension notified; HBP compilations and DEPB rates remain operative until further amendment.
The Director General of Foreign Trade notifies that HBP v1, HBP v2 and the Schedule of DEPB rates shall remain in force "until further amendments," as amended from time to time, while the DEPB scheme shall continue to be operative only until 31st December, 2009, under paragraph 2.4 of the Foreign Trade Policy 2004-2009.
DEPB Rates as applicable before 5-11-2008 restored
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DEPB rate restoration: prior reduced rates withdrawn and earlier DEPB schedule reinstated under trade policy authority.
The Director General of Foreign Trade withdraws earlier reductions in the Schedule of DEPB Rates and restores the DEPB rates that prevailed prior to those reductions, applying the withdrawal retrospectively to the date the reductions were introduced, under powers in the Foreign Trade Policy and Handbook of Procedures.

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