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re export procedure

rajan gopal

Dear Expert,

We a 100% EOU exported goods. Later we noticed that there were some quality issues in the goods. So we get back the same by re-importing.

Now, after rectifying the quality issues we have to re-export. So request you tell me the procedure along with relevant notifications

Thanks & Regards

Rajan

100% EOU Re-Imports Defective Goods for Repair; Duty Exemption Possible Under Notification 52/2003; Re-Export Within One Year Required. A 100% Export Oriented Unit (EOU) faced quality issues with exported goods, leading to their re-importation for repair. The discussion seeks guidance on re-export procedures. An expert advised that re-imported goods are eligible for duty exemption under notification 52/2003, provided they are re-exported within one year. According to the Foreign Trade Policy (FTP) 2015-20, defective goods can be re-imported for repair and re-exported without authorization, but benefits availed must be returned. Another expert suggested reviewing chapter 6.28 of the FTP and related provisions for further guidance. (AI Summary)
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Shilpi Jain on Nov 4, 2019

The re-import would be eligible for the duty exemption contained in notification 52/2003 customs as per entry 14 of the Annexure I to such notiification which reads as under

(i) Goods re-imported (other than specified in Annexure–VII to this notification) within three years from the date of exportation, for repair or reconditioning.

Provided that such re-imported goods are re-exported within one year of the date of re-importation.

Further para 2.49 of the FTP 2015-20 provides as below

2.49 Export of Repaired Goods

Goods or parts thereof, except restricted under ITC (HS), on being exported and found defective, damaged or otherwise unfit for use may be imported for repair and subsequent re-export. Such goods shall be allowed clearance without an Authorisation and in accordance with customs notification. To that extent the exporter shall return the benefits /incentive availed on the returned goods. If the item is ‘restricted’ for import, the exporter shall require an import license.

Thereby, such goods should be repaired and re-exported wihin 1 year from re-importation and no duties payable at the time of reimport.

YAGAY andSUN on May 19, 2020

Also check the chapter 6.28 of the FTP read with HBP Vol.1 and 100% EOU provisions.

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