Gem and Jewellery - Export by 100% EOUs - Amendment to Notification Nos. 3/88-Cus., 277/90-Cus. and 177/94-Cus. - 40/99 - Customs -Tariff

Gem and Jewellery - Export by 100% EOUs - Amendment to Notification Nos. 3/88-Cus., 277/90-Cus. and 177/94-Cus. Notification No. 40/99-Cus. Dated 28-4-1999 In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government being satisfied that it is necessary in the public interest so to do, hereby directs that each of the notifications of the Government of India, in the Ministry of Finance (Department of Revenue), specified in column (2) of the Table hereto annexed shall be amended or further amended, as the case may be, in the manner specified in the corresponding entry in column (3) of the said Table. TABLE S. No. Notification No. and date Amendment (1) (2) (3) 1. 3/88-Customs, dated In the said notification, - the 14th January, 1988 (1) in opening paragraph, - (a) in the end of condition (vi), the following `Explanation' shall be inserted, namely :- "Explanation. - For the purposes of condition (vi), duty of customs leviable on said goods in respect of gold and silver shall be limited to the duty as specified under notification of the Government of India, Ministry of Finance, Department of Revenue, No. 80/97-Customs, dated the 21st October, 1997 as amended from time to time". (b) for the first proviso to the condition (xi), the following proviso shall be substituted, namely :- "Provided that scrap, dust or sweepings of gold or silver arising in the manufacturing process may be forwarded to the Government Mint by the importer for conversion into standard gold or silver bars as the case may be, and return to the said Complex in accordance with the procedure specified by the Commissioner of Customs in this regard or such scrap, dust or sweepings of gold or silver arising in the manufacturing process may be cleared to the Domestic Tariff Area on payment of duty as specified in the notification of the Government of India, Ministry of Finance, Department of Revenue, No. 80/97-Customs, dated the 21st October, 1997 on the gold or silver content, as the case may be, in the said scrap, dust or sweepings;"; (c) in the Table below condition (xiii), in column (1) against `e', for the words "Chain manufactured", the words "Chain and Bangles manufactured" shall be substituted; (d) in the `Explanation' to the condition (xiii), after clause (c), the following clause shall be inserted, namely :- (d) The expression "Plain jewellery and articles thereof unstudded shall include `Mangal Sutra' containing gold and black beads."; (e) for condition (xiv), the following condition shall be substituted - "(xiv) the export and import under this notification of the said goods other than capital goods may be made by air-freight through Delhi Airport or through post parcel and the export under this notification may also be made through authorized couriers as per procedure prescribed by the Commissioner of Customs : Provided that the Free on Board value of any consignment through the authorized courier shall not exceed rupees twenty lakhs."; (f) Condition (xvi) shall be omitted; (2) in the Annexure, after item number 11 and the entries relating thereto, the following item number and entries shall be inserted namely :- "12. Old plain gold jewellery, old plain platinum jewellery, and old plain silver jewellery for repair or remaking for re-export." 2. 277/90-Customs, In the said notification, - dated the 12th (1) in the opening paragraph, - December, 1990 (a) in the end of condition (vii), the following `Explanation' shall be inserted, namely :- "Explanation. - For the purposes of condition (vii), duty of customs leviable on said goods in respect of gold and silver shall be limited to the duty as specified under notification of the Government of India, Ministry of Finance, Department of Revenue, No. 80/97-Customs, dated the 21st October, 1997 as amended from time to time"; (b) for the first proviso to the condition (xii), the following proviso shall be substituted, namely :- "Provided that scrap, dust or sweepings of gold or silver arising in the manufacturing process may be forwarded to the Government Mint by the importer for conversion into standard gold or silver bars as the case may be, and return to the said undertaking in accordance with the procedure specified by the Commissioner of Customs in this regard or such scrap, dust or sweepings of gold or silver arising in the manufacturing process may be cleared to the Domestic Tariff Area on payment of duty as specified in the notification of the Government of India, Ministry of Finance, Department of Revenue, No. 80/97-Customs, dated 21st October, 1997 on the gold or silver content, as the case may be, in the said scrap, dust or sweepings;"; (c) in the Table below condition (xiv), in column (1) against `e', for the words "Chain manufactured", the words "Chain and Bangles manufactured" shall be substituted; (d) in the `Explanation' to the condition (xiv), after clause (c), the following clause shall be inserted, namely :- (d) The expression "Plain jewellery and articles thereof unstudded shall include `Mangal Sutra' containing gold and black beads."; (e) after condition (xv), the following condition shall be inserted, namely :- (xv a) gems and jewellery manufactured in the units situated in municipal limits of Calcutta, Chennai, Delhi and Mumbai and sold to foreign bound passenger may be transferred, in accordance with Import and Export Policy 1st April, 1997 - 31st March, 2002, to Customs Warehouse at respective Customs Airport for being handed over to the said passenger for the purpose of export as per procedure specified by the respective Commissioner of Customs in this regard; (xv b) the export of gems and jewellery manufactured in the Export Oriented Units may be made through the authorised couriers as per procedure specified by Commissioner of Customs. Provided that the exports are made through Customs Houses at Mumbai, Calcutta, Chennai, Delhi, Jaipur, Bangalore, Ahmedabad or Hyderabad and the Free On Board (FOB) value of any consignment through authorised courier shall not exceed rupees twenty lakhs. (2) in the Annexure, after item number 11 and the entries relating thereto, the following item number and entries shall be inserted namely :- "12. Old plain gold jewellery, old plain platinum jewellery, and old plain silver jewellery for repair or remaking for re-export." 3. 177/94-Customs, dated the 21st October, 1994 In the said notification, - (1) in the opening paragraph, - (a) for the first proviso to the condition (8), the following proviso shall be substituted, namely :- "Provided that scrap, dust or sweepings of gold or silver arising in the manufacturing process may be forwarded to the Government Mint by the importer for conversion into standard gold or silver bars as the case may be, and return to the said Zone in accordance with the procedure specified by the Commissioner of Customs in this regard or such scrap, dust or sweepings of gold or silver arising in the manufacturing process may be cleared to the Domestic Tariff Area on payment of duty as specified in the notification of the Government of India, Ministry of Finance, Department of Revenue, No. 80/97-Customs, dated the 21st October, 1997 on the gold or silver content, as the case may be, in the said scrap, dust or sweepings;"; (b) in the Table below condition (10), in column (1) against `e', for the words "Chain manufactured", the words "Chain and Bangles manufactured" shall be substituted; (c) in the `Explanation' to the condition (10), after clause (c), the following clause shall be inserted, namely :- The expression "Plain jewellery and articles thereof (d) unstudded shall include `Mangal Sutra' containing gold and black beads."; (d) in condition (ii), for the portion beginning with the brackets, figures and words "(ii) through post parcels and ending with the words "as may be specified by the Commissioner of Customs", the following shall be substituted, namely :- "(ii) through post parcels or through the authorised couriers, in accordance with such procedure as may be specified by the Commissioner of Customs : Provided that when exports are made through authorised couriers through Customs Houses at Mumbai, Calcutta Chennai, Delhi, Bangalore or Hyderabad, the Free on Board value of any consignment shall not exceed rupees twenty lakhs." (2) after paragraph 3, the following paragraph shall be inserted, namely, - "4. For the purposes of this notification, the duty of customs leviable on gold and silver imported by the importer shall be limited to the duty specified under notification of the Government of India, Ministry of Finance, Department of Revenue, No. 80/97-Customs, dated the 21st October, 1997."; (3) in the Annexure-I after item number 12 and the entries relating thereto, the following item number and entries shall be inserted, namely :- "13. Old plain gold jewellery, old plain platinum jewellery, and old plain silver jewellery for repair or remaking for re-export." EXPLANATORY NOTE This notification seeks to further amend the existing notifications Nos. 3/88-Customs, dated the 14th January, 1988, 277/90-Customs, dated the 12th December, 1990 177/94-Customs, dated the 21st October, 1994 pertaining to governing the Gem Jewellery 100% EOU in the Special Export Oriented Complex, Jhandewalan, stand alone 100% EOUs and the units in Export Processing Zone respectively to align with the revised provisions (agreed to by the Ministry of Finance) of Export Import Policy 1997-2002, and Hand Book of Procedure as amended upto 31st March, 1999.