Gem & Jewellery for export by 100% Export Oriented Undertaking - Amendments to Notification Nos. 3/88-Cus., 277/90-Cus. and 177/94-Cus. - 11/98 - Customs -Tariff

Gem Jewellery for export by 100% Export Oriented Undertaking - Amendments to Notification Nos. 3/88-Cus., 277/90-Cus. and 177/94-Cus. Notification No. 11/98-Cus. Dated 27-4-1998 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 the 14th In the said notification, - January, 1988 (a) in opening paragraph in condition (xi), for the second proviso, the following provisoes shall be substituted, namely :- "Provided further that jewellery upto 10% of the value of export by the unit in the preceding year, may be allowed clearance into Domestic Tariff Area by the Development Commissioner in consultation with the Assistant Commissioner of Customs, on payment of applicable duties; Provided also that exchange of machine-made gold or silver or platinum jewellery and chains, from any place in India to the said complex with the gold or silver or platinum of the same purity and quantity in weight as that of gold or silver or platinum jewellery or the chain, as the case may be, permitted subject to such conditions as may be prescribed by the Assistant Commissioner of Customs." "(b) in the opening paragraph, for condition (xiii), the Table below the said condition and the Explanation to said Table, the following condition, Table and Explanation shall be substituted, namely :- "(xiii) the Assistant Commissioner of Customs may allow, subject to fulfilment of such conditions as he may specify, the percentage of wastage of gold or platinum specified in column (2) of the Table given below or percentage of wastage of silver as specified in column (3) of the said Table, during the manufacture of jewellery of description specified in the corresponding entry in column (1) of the said Table. Table Description of Jewellery Percentage of wastage of Gold or Platinum Percentage of wastage of Silver (1) (2) (3) a. Plain jewellery and articles thereof unstudded 3.5% 4.5% b. Studded jewellery and articles thereof 9.0% 10% c. Mountings and findings used in the plain jewellery 3.5% 4.5% d. Mountings and findings used in the studded jewellery 3.5% 4.5% e. Chain manufactured by a fully mechanised process and unstudded "Explanation" : (a) The wastage for mountings and findings is admissible only when such mountings and findings are manufactured from imported gold and are exported as such. (b) The percentage of wastage shall be calculated with reference to the total quantity of gold or silver, imported or issued for manufacture of the jewellery. (c) No wastage shall be allowed for the jewellery procured under para 8.34 of the Export and Import Policy."; (c) in opening paragraph, in condition (xvii) for clause (c), the following clauses shall be substituted, namely :- "(c) Permit supply of unsuitable or broken cut and polished diamonds, precious and semi-precious stones or rough diamonds up to 5% of value of import or indigenously procured goods to the Domestic Tariff Area against the valid REP or GEM REP or Diamond Imprest Licences as applicable on payment of appropriate duty. (d) Permit with the approval of Gem and Jewellery Export Promotion Council, personal carriage of precious metals jewellery or precious or semi-precious stones or beads as samples upto US $ 1,00,000 for export promotion tours and temporary display abroad subject to the condition that he exporter would bring back the jewellery or its sale proceeds within 45 days from the date of its clearance; (e) Permit export of jewellery including branded jewellery for display and sale in the permanent shops set up abroad, provided that such items not sold abroad within 180 days, shall be re-imported within next 45 days". (d) in paragraph 2, for the words, "Minerals and Metals Trading Corporation of India Limited, the Handicraft and Handloom Export Corporation, the State Trading Corporation, the State bank of India and any agency authorised by the Reserve Bank of India" the words, "Metals and Minerals Trading Corporation Limited, Handicraft and Handloom Export Corporation, State Trading Corporation, the Projects and Equipments of India Limited and any agency authorised by Reserve Bank of India" shall be substituted; (e) in paragraph 2, after the proviso, the following proviso shall be inserted : "Provided further that in the event of the Gem and Jewellery units to whom the gold or silver has been supplied, fails to export the jewellery made out of such gold or silver within the time specified in the Export and Import Policy under the respective Scheme, the nominated agencies shall deposit duty on the quantity of the gold or silver not contained in the jewellery exported at the rate of duty of customs leviable on the gold or silver, as the case may be, as provided in the notification No. 80/97-Customs, dated the 21st October, 1997 within seven days of the expiry of the period within which the said jewellery manufactured out of the said gold or silver was supposed to be exported."; 2. 277/90-Cus., In the said notification, - dated the 12th December, 1990 "(a) in the opening paragraph in condition (xii), for the second proviso, the following provisoes shall be substituted, namely :- "Provided further that jewellery upto 10% of the value of export by the unit in the preceding year, may be allowed clearance into Domestic Tariff Area by the Development Commissioner in consultation with the Assistant Commissioner of Customs, on payment of applicable duties; Provided also that exchange of machine-made gold or silver or platinum jewellery and chains, from any place in India to the said complex with the gold or silver or platinum of the same purity and quantity in weight as that of gold or silver or platinum jewellery or the chain, as the case may be, permitted subject to such conditions as may be prescribed by the Assistant Commissioner of Customs." (b) in the opening paragraph for condition (xiv), the Table below the said condition and the Explanation to said Table, the following condition, Table and Explanation shall be substituted, namely :- "(xiv) The Assistant Commissioner of Customs may allow, subject to fulfilment of such conditions as he may specify, the percentage of wastage of gold or platinum specified in column (2) of the Table given below or percentage of wastage of silver as specified in column (3) of the said Table, during the manufacture of jewellery of description specified in the corresponding entry in column (1) of the said Table. Table Description of Jewellery Percentage of wastage of Gold or Platinum Percentage of wastage of Silver (1) (2) (3) a. Plain jewellery and articles thereof unstudded 3.5% 4.5% b. Studded jewellery and articles thereof 9.0% 10% c. Mountings and findings used in the plain jewellery 3.5% 4.5% d. Mountings and findings used in the studded jewellery 3.5% 4.5% e. Chain manufactured by a fully mechanised process and unstudded 1.25% 1.25% "Explanation" : (a) The wastage for mountings and findings is admissible only when such mountings and findings are manufactured from imported gold and are exported as such. (b) The percentage of wastage shall be calculated with reference to the total quantity of gold or silver, imported or issued for manufacture of the jewellery. (c) No wastage shall be allowed for the jewellery procured under para 8.34 of the Export and Import Policy."; (c) in opening paragraph, in condition (xvi) for clause (b), the following clauses shall be substituted, namely :- "(b) Permit supply of unsuitable or broken cut and polished diamonds, precious and semi-precious stones or rough diamonds up to 5% of value of import or indigenously procured goods to the Domestic Tariff Area against the valid REP on GEM REP or Diamond Imprest Licences as applicable on payment of appropriate duty. (c) Permit with the approval of Gem and Jewellery Export Promotion Council personal carriage of precious metals jewellery or precious or semi-precious stones or beads as samples upto US $ 1,00,000 for export promotion tours and temporary display abroad subject to the condition that the exporter would bring back the jewellery or its sale proceeds within 45 days from the date of its clearance; (1) (2) (3) (d) Permit export of jewellery including branded jewellery for display and sale in the permanent shops set up abroad, provided that such items not sold abroad within 180 days, shall be re-imported within next 45 days". (d) in paragraph 2, for the words, "Minerals and Metals Trading Corporation of India Limited, the Handicraft and Handloom Export Corporation, the Sate Trading Corporation, the State Bank of India and any agency authorised by the Reserve Bank of India" the words, "Metals and Minerals Trading Corporation Limited, Handicraft and Handloom Export Corporation, State Trading Corporation, the Projects and Equipments of India Limited and any agency authorised by Reserve Bank of India" shall be substituted; (e) in paragraph 2, after the proviso, the following proviso shall be inserted : "Provided further that in the event of the Gem and Jewellery units to whom the gold or silver has been supplied, fails to export the jewellery made out of such gold or silver within the time specified in the Export and Import Policy under the respective Scheme, the nominated agencies shall deposit duty on the quantity of the gold or silver not contained in the jewellery exported at the rate of duty of customs leviable on the gold or silver, as the case may be, as provided in the notification No. 80/97-Customs, dated the 21st October, 1997 within seven days of the expiry of the period within which the said jewellery manufactured out of the said gold or silver was supposed to be exported."; 3. Notification No. In the said notification : 177/94-Cus., dated the 21st October, 1994 (a) in the opening paragraph in the condition (7) for clause (iii), the following clauses shall be substituted, namely :- "(iii) Permit supply of unsuitable or broken cut and polished diamonds, precious and semi-precious stones or rough diamonds up to 5% of value of import or indigenously procured goods to the Domestic Tariff Area against the valid REP or GEM REP or Diamond Imprest Licences as applicable on payment of appropriate duty. (iv) Permit with the approval of Gem and Jewellery Export Promotion Council personal carriage of precious metals jewellery or precious or semi-precious stones or beads as samples up to US $ 1,00,000 for export promotion tours and temporary display abroad subject to the condition that the exporter would bring back the jewellery or its sale proceeds within 45 days from the date of its clearance; (v) Permit export of jewellery including branded jewellery for display and sale in the permanent shops set up abroad, provided that such items not sold abroad within 180 days, shall be re-imported within next 45 days". (b) in opening paragraph in condition (8) for the second and third provisoes, the followings provisoes shall respectively be substituted, namely :- Provided also that exchange of machine-made gold or silver or platinum jewellery and chains, from any place in India to the said complex with the gold or silver or platinum of the same purity and quantity in weight as that of gold or silver or platinum jewellery or the chain, as the case may be, permitted subject to such conditions as may be prescribed by the Assistant Commissioner of Customs." "Provided further that jewellery upto 10% of the value of export by the unit in the preceding year, may be allowed clearance into Domestic Tariff Area by the Development Commissioner in consultation with the Assistant Commissioner of Customs, on payment of applicable duties; (c) in the opening paragraph for condition (10), the Table below the said condition and the Explanation to the said Table the following condition, Table and Explanation shall be substituted, namely :- (10) the Assistant Commissioner of Customs may allow, subject to fulfilment of such conditions as he may specify, the percentage of wastage of gold or platinum specified in column (2) of the Table given below or percentage of wastage of silver as specified in column (3) of the said Table, during the manufacture of jewellery of description specified in the corresponding entry in column (1) of the said Table. Table Description of Jewellery Percentage of wastage of Gold or Platinum Percentage of wastage of Silver (1) (2) (3) a. Plain jewellery and articles thereof unstudded 3.5% 4.5% b. Studded jewellery and articles thereof 9.0% 10% c. Mountings and findings used in the plain jewellery 3.5% 4.5% d. Mountings and findings used in the studded jewellery 3.5% 4.5% e. Chain manufactured by a fully mechanised process and unstudded 1.25% 1.25% "Explanation" : (a) The wastage for mountings and findings is admissible only when such mountings and findings are manufactured from imported gold and are exported as such. (b) The percentage of wastage shall be calculated with reference to the total quantity of gold or silver, imported or issued for manufacture of the jewellery. (c) No wastage shall be allowed for the jewellery procured under para 8.34 of the Export and Import Policy." ; (d) in paragraph 2, for the words, "Minerals and Metals Trading Corporation of India Limited, the Handicraft and Handloom Export Corporation, the State Trading Corporation, the State Bank of India and any agency authorised by the Reserve Bank of India" the words, "Metals and Minerals Trading Corporation Limited, Handicraft and Handloom Export Corporation, State Trading Corporation, the Projects and Equipments of India Limited and any agency authorised by Reserve Bank of India" shall be substituted; (e) in paragraph 2, after the proviso, the following proviso shall be inserted : "Provided further that in the event of the Gem and Jewellery units to whom the gold or silver has been supplied, fails to export the jewellery made out of such gold or silver within the time specified in the Export and Import Policy under the respective Scheme, the nominated agencies shall deposit duty on the quantity of the gold or silver not contained in the jewellery exported at the rate of duty of customs leviable on the gold or silver, as the case may be, as provided in the notification No. 80/97-Customs, dated the 21st October, 1997 within seven days of the expiry of the period within which the said jewellery manufactured out of the said gold or silver was supposed to be exported."