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Regarding compliance of International Standards for Phytosanitary Measures (ISPM-15) in respect of wood packaging material by exporters – regarding
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ISPM-15 compliance for wood packaging required for export/import clearance; customs to inspect and report non-compliance.
Export and import consignments packed with wood packaging material must conform to ISPM-15 standards and will be cleared by Customs only if the wood packaging bears the ISPM-15 mark; consignments without the mark or with doubtful marking must be reported to the Plant Quarantine Officer. Exporters must state the description of packaging material in the Shipping Bill. Accredited treatment providers issue ISPM-15 certification after approved methyl bromide or forced hot air treatment and their list is available on the Directorate's website. Customs staff are to be trained and trade notices issued.
Storing of Hazardous Cargo -Public Notice no. 08/2011 dated 04.02.2011 on Clarifications/modifications in Handling of Cargo in Customs Areas Regulations, 2009
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Authorization for hazardous cargo handling: only Customs authorized CFSs may receive, store or dispatch such consignments; carriers must comply.
Only Customs authorized Container Freight Stations may handle, store, receive or dispatch hazardous cargo; a named CFS has been authorized and its authority commences as stated. CFSs without Customs authorization must not receive hazardous consignments, existing hazardous cargo at CFSs may be managed as before, and Shipping Lines/agents must deliver hazardous cargo only to authorized CFSs or move misdelivered cargo to an authorized facility.
Streamlining the procedure of processing of Drawback claims under section 74 of the Customs Act, 1962
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Drawback claim procedure: standardized documentary requirements, deficiency handling, registration and verification for export duty refunds.
Streamlines filing and processing of drawback claims under section 74 of the Customs Act, 1962 by prescribing mandatory documents (e.g., Annexure II, calculation sheet, export/import invoices, bill of entry or attested photocopy with indemnity, TR 6 challan proof, Cenvat non availment/reversal certificate or self declaration, notarized affidavits), preliminary receipt and scrutiny procedures with Deficiency Memos, timelines for cure or deeming claims time barred, formal acknowledgement and registration, and specified post registration verification and NOC/NPC processes; effective immediately.
Corrections in Public Notices No.33/(RE2010)/2009-14 dated 15.02.2011 & 2/(RE2010)/2009-14 dated 23.8.2010.
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Corrections to export incentive schedules clarifying product codes, deleting duplicates, and correcting HS code descriptions.
Amendments correct serial numbers and VKGUY product codes at Sr. No.1 of Public Notice No.33/(RE2010)/2009-14 to read "7, 8, & 9" and delete the word "two" in the Effect of Inclusion; delete Sr. Nos. 186 and 187 in Table 4 of Appendix 37D as duplicative of earlier entries and bonus benefit listings; and revise the description for ITC HS Code 29171300 in Sr. No.147 of Table 4 of Appendix 37D to "Sebacic Acid" to align the product description with the ITC HS classification and FPS benefit eligibility.
Regarding import of Vitamin ā€˜C’ and other bulk drugs by mis-declaration, in huge quantities, resulting into the loss to the National exchequer-regarding.
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Drug import compliance: customs must verify registration, import licence, and drug control NOC before clearing consignments.
Customs must withhold clearance of drug and bulk drug import consignments until statutory pre import requirements are verified: completion of Form 41 registration, possession of Import Licence Form 10, and production of a NOC from the drug control port office. Standing orders should be issued to enforce these checks, implementation difficulties reported to the Board, and receipt of the circular acknowledged.
Execution of a Common Bond for specified Export Promotion (EP) schemes-reg.
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Common bond for EP schemes allows a single annual running bond per IEC to streamline imports and bond management.
Authorization holders under Advance Authorization, DFIA and EPCG schemes may execute one annual Common Bond for EP schemes IEC-wise for all specified-port imports in a financial year, executed at the port of first authorization registration. The bond's unique number links authorizations in the Customs EDI, permits authorization-wise debiting, allows bond value top-ups at the executing port with applicable stamp duty, and requires all associated Bank Guarantees to be furnished and maintained only at the port where the common bond was executed; export obligation discharge and Customs monitoring govern bond release and enforcement.
UOl & Ors Vs Home Solutions Retails India- Service tax on renting of immovable property - reg.
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Service tax on renting of immovable property: collection authorised pending final adjudication; applications urged to vacate interim stays.
Following a Supreme Court direction that earlier interim protection continue until disposal of writ petitions, the Government is advised that it is empowered to pursue collection of service tax on renting of immovable property pending final High Court adjudication and to file applications in High Courts to vacate interim directions; administrative steps to collect pending tax and seek vacation of stays should be taken expeditiously.
Regarding refund of 4% CVD (SAD)-Extension of time upto 30th June, 2011 for using re-credited 4% CVD (SAD) amount in DEPB
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Extension of time for using re-credited CVD in DEPB granted, allowing importers additional period to utilize re-credited scrips.
The time limit for using re-credited DEPB/Reward Scheme scrips for application of re-credited 4% CVD (SAD) refunds is extended to 30th June, 2011; a Public Notice and Standing Order should be issued to guide trade and staff on using the existing manual Bill of Entry procedure to utilize the re-credited amounts.
Regarding Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 -instructions for implementation
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Centralized Bond option lets right holders use one customs bond across all ports, subject to BRN and security procedures.
Right holders may elect a Centralized Bond at registration, deposit security with the registering customs formation, and receive a unique Bond Registration Number (BRN) enabling use of that single bond and security across all ports via an ARTS module; interdiction ports may debit the centralized bond and re credit only after verification, while insufficiency of funds requires a supplementary bond executed at the registering formation within three days, and an indemnity bond remains mandatory.
Revised procedure to streamline assessment of goods under notification No. 94/96 exported earlier under DEPB Scheme
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DEPB re-import procedure requires identity verification and DEPB rejection letter before assessment and finalisation.
Re-imported goods exported under the DEPB Scheme will undergo first check identity verification; if identity is established the Assessing Group will assess the Bill of Entry under the Notification. If a DEPB Scrip was issued, the importer must repay the proportionate benefit. If no Scrip was issued the importer must apply online to DGFT for a DEPB rejection letter, present that rejection to Customs, and thereafter the Assessing Group will finalise assessment without referral to the DEPB Verification Cell. Group AC/DC may issue a letter to DGFT per the annexure if required.
Post Import Compliance under EPCG scheme reg.
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Post-import compliance under EPCG scheme requires documentary verification for EODC, installation certification, and possible random audits.
Post-import compliance under the EPCG scheme requires acceptance of pre-change EODCs with Bond/BG cancellation on production of original licence, duty debit sheet and EODC, subject to verification where regional endorsement requires customs checks. The Monitoring Cell may call for originals and self-attested shipping bills, export invoices with FOB details, duty debit sheets, Bank Realisation Certificates and the prescribed export statement; random and targeted verifications will be conducted and Bonds/BGs cancelled upon satisfactory verification.
Control Measures introduced in the Examination/Appraisement Area at Air Cargo Complex, Bangalore-Reg.
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Access control for customs agents tightened: restricted entry to secured air cargo areas with mandatory identity and procedural checks.
Control measures bar CHAs and authorised agents from entering ACC secured areas and appraisement halls except when specifically summoned or when authorised signatories with valid identity/access cards enter against a custodian-issued Examination Slip. Designated waiting rooms, document-handling points, drop boxes, electronic kiosks and custodian responsibilities for producing cargo, confirming receipt after examination, and issuing gate passes are mandated. Officers will process bills on a first-come-first-served basis; breaches will attract regulatory action and vicarious liability while gate and custodian staff must prevent unauthorised access.
Clarification on applicability of Service Tax on overseas Trade Fairs/ Exhibition under 'Business Exhibition Services' – reg.
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Business exhibition services: overseas venue and installation are outside tax net; domestic stall rentals may not qualify as export.
Hiring premises abroad and arranging stall installation are services performed wholly outside India and thus not taxable under the Rules for services provided from outside India, while renting stalls to Indian exhibitors for an overseas exhibition is a service provided in India and does not qualify as an export of services because consideration is not received in convertible foreign currency; the clarification is limited to the period prior to the subsequent exemption notification for Business Exhibition Service.
Regarding filling of Bill of Entry in terms of Section 46 of the Customs Act, 1962
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Filing of Bill of Entry required even where imports are duty exempt under Notification for display/demonstration.
A Bill of Entry must be filed for imports of goods intended for display or demonstration even when those goods are exempt from customs duty under the applicable Notification; the duty exemption does not relieve importers of the statutory filing obligation and Customs formations must ensure the Bill of Entry is lodged.
Prohibition on export of onion – Clarification for (a) MEP and (b) Export of Bangalore Rose onions and Krishnapuram onions under export licence.
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Minimum Export Price requirement: onion exports permitted via State Trading Enterprises only under licence and MEP compliance.
Exports of onions were reclassified to permit restricted exports under licence and to allow exports through State Trading Enterprises, subject to an applicable Minimum Export Price. The MEP is to be calculated as the Free On Board (FOB) price per metric ton. Export licences issued during the intervening period for specified varieties remain valid for those exports.
Amendment to Serial No. 3(ii) of Policy Circular No. 20(RE-2010)/2009-14 dated 14.02.2011 regarding issuance of licences for Value Added Special Yarn/Technical Yarn.
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Export licence conditions: manufacturers must submit required documents and allow customs sampling and testing, with daily reporting.
Applications for export licences for Value Added Special Yarn and Technical Yarn by original manufacturers must include ANF 2D and copies of shipping bills evidencing exports in the two preceding fiscal years; customs will draw shipment samples for testing and forward reports to the Regional Authority to facilitate penal action under the FT(D&R) Act for any deviation or misdeclaration, licences must be completed within the prescribed timeline, and Regional Authorities must submit daily reports of licences issued to designated email addresses.
Customs-Data quality of information furnished by the importers and exporters for assessment purposes-reg.
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Data quality obligations for importers and exporters require full accurate declarations and standard units; workshops announced to ensure compliance
Importers, exporters and CHAs must provide full and correct information-including description, brand, model, grade, specification and prescribed standard unit of quantity-in Bills of Entry and Shipping Bills under the relevant regulations and Customs Act provisions. Workshops are scheduled to educate stakeholders; G card holders and data-entry personnel are asked to attend, seek clarifications from Additional Commissioners at specified venues, and report any difficulties to the Commissioner while following the data quality guidelines.
Regarding customs duty exemption benefit to BCCI
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Customs duty exemption limited: BCCI not eligible under federation-based notifications; separate World Cup notification governs event imports.
BCCI is ineligible for customs duty exemptions that depend on recognition as a National Sports Federation or Apex Body; this ineligibility applies also to persons certified by BCCI. Benefits under Notification No.3/89 do not apply where the Ministry lacks administrative concern with the event, so imports by BCCI for the ICC World Cup, 2011 cannot claim that notification. A separate, event-specific customs notification has been issued for World Cup imports, which may be assessed under its conditions.
Eligibility of tufted cotton bathmats/cotton tufted bathrugs covered under ITC (HS) Codes 5703 or 5705 for grant of duty credit scrip under VKGUY/FPS of FTP.
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Handmade classification for tufted cotton bathmats enables duty credit scrip eligibility under FPS and VKGUY upon self declaration.
Exports of tufted cotton bathmats/bathrugs under ITC (HS) Codes 5703 or 5705 are to be treated as hand-made where tufting and finishing involve manual operations using a table top tufting/sewing machine. If the shipping bill does not state 'Handmade', the exporter must furnish a prescribed self declaration confirming manual tufting and manual finishing processes. With that declaration, such shipments are eligible for duty credit scrip benefits under the Focus Product Scheme and earlier VKGUY at the applicable rates for the specified period.
Online Payment to the beneficiaries (firms) for their DBK/TED refund claims, by RAs of DGFT.
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Online payment for deemed export refunds mandates centralized bank-mediated disbursement with bank-wise beneficiary lists and required bank details.
Online payment of deemed export drawback and terminal excise duty refunds is to be implemented by RAs through collection of beneficiary bank particulars (bank name, account number and type, customer ID if any, IFSC, contact details and cancelled cheque). RAs will issue a single cheque to the Central Bank of India payable as "yourself" for the total approved claims and enclose bank-wise lists of beneficiaries with specified fields, then forward the information to DBK Cell for onward processing by the Principal Accounts Office.

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