THIRD PARTY EXPORT

[DHAVAL VISARIA]

WE HV FOLLOWING QUESTION N WE NEED ALL YOUR CLARIFICATION:
WE WANT TO EXPORT AS THIRD PARTY EXPORT UNDER DRAWBACK:

ITEM: HS CODE 29: EXPORT UNDER CT1 N SHIPPING BILL NEED TO FILE UNDER DRAWBACK
ONE MANUFACTURE NAME A , MERCHANT EXPORTER NAME B, N ANOTHER MERCHANT EXPORTER NAME C
AS THIRD PARTY EXPORT

KINDLY NOTE WE WANT TO FILE SHIPPING BILL UNDER DRAWBACK IN EXPORTER B N WRITE THIRD PARTY
AS EXPORTER C N EXPORTER B TAKE GOODS UNDER CT1 N AR4 FM A MANUFACTURER
C EXPORTER WILL RECEIVE FOREIGN EXCHANGE PAYMENT
OUR PROBLEM:
1)B EXPORTER IS CLAIMING THAT WITHOUT FOREIGN ORDER THEY CANNOT GET CT1 UNDER EXCISE RULE
2)B EXPORTER IS CLAIMING THAT HIS BANK DONOT ALLOW PAYMENT IN C EXPORTER'S(THIRD PARTY'S BANK) IF SHIPPING BILL FILED UNDER DRAWBACK IN HIS NAME BECAUSE AD CODE MENTION HIS BANK IN SHIPPING BILL

C EXPORTER:
WE AS C EXPORTER FEEL THAT ALL THIS TRANSACTION PERMITED UNDER CUSTOM N EXCISE RULE

KINDLY GIVE US CONFIRMATION N GIVE US NOTIFICATION FOR SAME AS THIRD PARTY EXPORT UNDER
DUTY DRAWBACK SCHEME (WHOSE NAME DUTY DRAWBACK WILL GO?) CAN SHIP UNDER LEGAL INDIAN
GOVERNMENT LAW

AWTG YR REPLY ASAP
TKS N RGDS/DHAVAL VISARIA

[Mahir S]

Sir,

It would be advisable to seek advice from custom house agents who are specifically dealing with such exports.

[DHAVAL VISARIA]

WE NEED NOTIFICATION FROM CUSTOM THAT THIRD PARTY EXPORTS N ALSO NEED NOTIFICATION IN CENTRAL EXCISE THIRD PARTY EXPORT ALLOWED

ALSO NEED SOME PROOF THAT BANK CAN ACCEPT THIRD PARTY EXPORT TRANSACTION

N RECEIVE PAYMENT

[Mahir S]

Dear Dhaval,

Para 2.42 of FTP (2015 – 2020) :-

Third party exports (except Deemed Export) as defined in Chapter 9 shall be allowed under FTP. In such cases, export documents such as shipping bills shall indicate name of both manufacturing exporter/manufacturer and third party exporter(s). Bank Realisation Certificate (BRC), export order and invoice should be in the name of third party exporter.

Para 9.60 of FTP (2015 – 2020) : -

"Third-party exports" means exports made by an exporter or manufacturer on behalf of another exporter(s).

In such cases, export documents such as shipping bills shall indicate name of both manufacturing exporter /manufacturer and third party exporter(s). Bank Realisation Certificate, Self Declaration Form (SDF), export order and invoice should be in the name of third party exporter.

[Guest]

Dear Sir,

is there an issue in getting brc from bank if the buyer and consignee are different. Pl highlight on the same as my bank is denying brc for the goods i have exported.

buyer and consignee are both the same person with different name of their companies, their head office and factory are in different countries.

Thanks

AI Summary

Third-party exports: export documents and BRC must be in third-party exporter's name, enabling drawback compliance. The Foreign Trade Policy permits third-party exports under the duty drawback regime and requires shipping bills to indicate both the manufacturer/manufacturing exporter and the third-party exporter; Bank Realisation Certificate, export order and invoice should be in the name of the third-party exporter. Practical issues raised include obtaining CT-1 for the supplying manufacturer, bank acceptance of BRC/payment when the shipping bill and AD code reflect another exporter, and which entity is entitled to claim drawback.