Import under Project Import (Chap 98.01)

[BRIJMOHAN GOYAL]

We had import goods prior to project registration with Customs. Imports were kept in warehouse under Sec.59 with CTH code other than 98.01 with a view clearance of goods under Project Import .Later on Essentiality Certificate from our Customer received  and registered with Customs under Project Import under Custom Notification 12/2012 ,S.No.511 with CTH applicable in 98.01.

During Ex-bond , Customs refused to clearance of goods under PIR and informed that change of CTH code is not allowed during EX-bond under Project Import.

please forward your views on this subject.

[Rakesh Chitkara]

It is a curable defect. Your substantive right can not be denied on mere procedural irregularity. You need to move fast to avoid unnecessary demurrage and seek provisional assessment, by submitting requisite security, and ask for a speaking order. You will succeed. 

Nevertheless, it would be advisable to take the correct legal steps at this stage itself, even if there is a slight delay. Seek expert legal opinion. If your CHA is wise, he will know how to tackle the matter.

[YAGAY andSUN]

In addition to above you would have to comply with Rules,Regulations  and also fulfull the conditions pertaining to Project import.

[Gajendra Purbiya]

Refer CBEC's Custom Manual of Instruction issued on 02.02.12 which provides that the rate of duty and tariff value to be mentioned on the bill of entry for home consumption (ex bond bill of entry) should be the one prevailing on the date when such a bill of entry is presented.

Further, Public notice issued by different custom houses provides that in respect of ex-bond bill of entry, ''tariff headings and the notifications can be changed if so required"

AI Summary

Change of CTH code for Project import can be treated as a curable defect permitting provisional assessment and clearance. Where goods originally entered under a tariff heading other than 98.01 are subsequently supported by an essentiality certificate and registered as Project Import, the CTH change at ex bond is a curable procedural defect; importers should seek provisional assessment, furnish security, and request a speaking order to enable clearance, while ensuring compliance with Project Import conditions and relying on administrative guidance permitting tariff and notification changes on ex bond bills of entry.