Export and Import Policy - 1997-2001 - Consequential amendments in Customs Notifications - 33/97 - Customs -Tariff

Export and Import Policy - 1997-2001 - Consequential amendments in Customs Notifications Notification No. 33/97-Cus. Dated 1-4-1997 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. Date Amendment (1) (2) (3) 1. 13/81-Cus., dated the 9th February, 1981 (i) For the words "the Export and Import Policy, April 1992 - March 1997 published under the Ministry of Commerce Public Notice No. 1-ITC (PN)/92-97 dated 31-3-1992", wherever they occur in this notification may be substituted by the words "Export and Import Policy, 1 April 1997 - 31 March 2002, publised by the Government of India under the Ministry of Commerce Notification No. 1/1997-2002, dated 31st March, 1997". (ii) In the proviso to condition (5), for the figures words "15% ad valorem ", the figures words "10% ad valorem shall be substituted". (iii) In condition (8A), for the words "Export Processing Zone" the words "Export Processing Zone/Electronic Hardware Technology Park/Software Technology Park/unit situated in again Electronic Hardware Technology Park/Software Technology Park complex" shall be substituted. (iv) In condition (8B), for the words, "The Commissioner of Customs may, subject to such conditions as prescribed by him, allow a unit to re-export the goods", the words, "A unit may re-export the goods" may be substituted. 2 3/88-Cus., dated 14th January, 1988 (i) In condition (vi) for the words "prescribed value addition", the words, brackets and letters "prescribed Net Foreign Exchange Earnings as Percentage of Exports (NFEP)" shall be substituted. (ii) In condition (xi), after the proviso, the following shall be inserted, namely :- "Provided further that the plain jewellery up to 10% of the value of export of the preceding year, by the unit may be allowed clearance into the Domestic Tariff Area by the Development Commissioner in consultation with the Commissioner of Customs if the recepient furnishes a freely transferable Special Import License for clearance of such items from EOU IEPZ and agrees to pay the applicable duties from his EEFC account in free foreign exchange". (iii) In condition No. (xv) for the words, brackets and figures "Import and Export Policy (April 1990 - March 1993)", the words and figures "Export and Import Policy 1 April 1997 - 31 March 2002 published by the Government of India under Ministry of Commerce Notification No. 1/1997-2002 dated the 31st March, 1997 as amended from time to time" shall be substituted. (iv) In condition (xvii), for the clause (b), the following shall be substituted, namely :- "(b) permit re-export or export of dead stock or broken stones upto 5% of the value of import or indigenous stones". (v) In paragraph (2) for the words and figures, "paragraph 88 of the Export and Import Policy 1 April, 1992 - 31 March 1997, read with chapter VIII of the Hand book of procedures volume I, 1 April 1992-31 March, 1997 of the Government of India in the Ministry of Commerce", the words and figures, "Export and Import Policy 1 April 1997 - 31 March 2002 read with Chapter 8 of the Handbook of Procedures Volume I 1st April 1997 - 31st March 2002, publised by the Government of India under Ministry of Commerce Notification No. 1/1997-2002 dated 31st March 1997 as amended from time to time", shall be substituted. 3. 277/90-Cus.,dated the 12th December, 1990 (i) In condition (vii), for the words "prescribed value addition", the words brackets and letters, "prescribed Net Foreign Exchange Earnings as Percentage of Exports (NFEP)" shall be substituted. (ii) In condition (xii), after the proviso the following shall be inserted, namely :- "Provided further that the plain jewellery upto 10% of the value of export of the preceding year, by the unit may be allowed clearance into the Domestic Tariff Area by the Development Commissioner in consultation with the Commissioner of Customs if the recipient furnishes a freely transferable Special Import License for clearance of such items from EOU/EPZ and agrees to pay the applicable duties from his EEFC account in foreign exchange. (iii) In paragraph (2), for the words and figures, "paragraph 88 of the Export and Import Policy 1 April 1992 - 31 March, 1997, read with Chapter VIII of the Hand Book of Procedures, Volume I, 1st April 1992 - 31st March, 1997 of the Government of India in the Ministry of Commerce", the words and figures, "Export and Import Policy 1 April 1997 - 31 March 2002 read with Chapter 8 of the Handbook of Procedures Volume I 1st April 1997 - 31st March 2002, published by the Government of India under the Ministry of Commerce Notification No. 1/1997-2002 dated 31st March 1997 and amended from time to time" shall be substituted. 4. 177/94-Cus., dated the 21st October, 1994 (i) In condition (7), for clause (ii) the following shall be substituted, namely :- "(ii) permit re-export or export of dead stock or broken stones upto 5% of the value of the import or indigenous stones". (ii) In condition (8), after the second proviso the following shall be inserted, namely :- "Provided also that the plain jewellery upto 10% of the value of export of the preceding year, by the unit may be allowed clearance into the domestic Tariff Area by the Development Commissioner in consultation with the Commissioner of Customs if the recipient furnishes a freely transferable Special Import License for clearance of such item from EOU/EPZ and agrees to pay the applicable duties from his EEFC account in free foreign exchange". (iii) In condition (12) for the Explanation, the following shall be substituted, namely :- Explanation :- For the purpose of this Notification "Export and Import Policy means the Export and Import Policy 1 April 1997 - 31 March 2002 published by the Government of India under Ministry of Commerce Notification No. 1/1997-2002 dated 31st March 1997 as amended from time to time. (iv) In paragraph (2) for the words and figures, "paragraph 88 of the Export Import Policy 1st April, 92 - 31st March, 97, read with Chapter VIII of the Hand book of Procedures, Volume I, 1st April 1992 - 31st March, 1997 of the Government of India in the Ministry of Commerce" the words and figures "Export and Import Policy 1 April 1997 - 31 March 2002 read with Chapter 8 of Hand Book of Procedures Volume I 1st April 1997 - 31st March 2002 published by the Government of India under Ministry of Commerce Notification No. 1/1997-2002, dated 31st March 1997 as amended from time to time" shall be substituted. 5. 138/91-Cus., dated the 22nd October, 1991 (i) In condition (6) for the words and figures, "Export Import Policy April 1992 - March 1997 published under the Ministry of Commerce Public Notice No. 1-ITC(PN)/92-97 dated 31-3-92", the words and figures "Export and Import Policy 1 April 1997 - 31 March 2002 published by the Government of India under Minsistry of Commerce Notification No. 1/1997-2002 dated 31st March 1997" shall be substituted. (ii) In codition (6) for the figures and words "15% ad valorem " the figures and words, "10% ad valorem " shall be substituted. (iii) In condition (9), in the proviso, for the words "data management within India shall not be allowed through data communication link or telecommunication link", the words "data management shall be allowed through data communication link or telecommunication link subject to such conditions as may be specified by the Commissioner of Customs" shall be substituted. 6. 140/91-Cus. dated the 22nd October, 1991 (i) In this notification for the words "Export and Import Policy April 1992 - March 1997 publised under the Minsitry of Commerce Public Notice No. 1-ITC (PN)/92-97 dated 31-3-92 as amended from time to time" the words and figures "Export and Import Policy, 1 April 1997 - 31 March 2002 published by the Government of India under Ministry of Commerce, Notification No. 1/1997-2002 dated 31st March 1997 as amended from time to time" shall be substituted. (ii) In condition (6) for figures and words "15% ad valorem ", the figures and words "10% ad valorem " shall be substituted. (iii) In condition (9), in the proviso, for the words "data management within India shall not be allowed through data communication link or telecommunciation link", the words "data management shall be allowed through data communication link or telecommunication link subject to such conditions as may specified by the Commissioner of Customs" shall be substituted. 7. 95/93-Cus.,dated 2nd March, 1993 (i) In condition (15), for the proviso the following shall be substituted, namely :- "Provided that sale of software within India may be allowed through data communication link or telecommunication link subject to such conditions as may specified by the Commissioner of Customs." (ii) In the Explanation for clause (b) the following shall be substituted, namely :- "Export and Import Policy "means Export and Import Policy 1 April 1997 - 31 March 2002, published by the Government of India under Ministry of Commerce Notification No. 1/1997-2002 dated 31st March 1997 as amended from time to time". 8. 96/93-Cus.,dated the 2nd March, 1993 (i) In condition (15), for the proviso the following shall be substituted, namely :- "Provided that sale of software within India shall be allowed through data communication - link or telecommunication link subject to such conditions as may be specified by the Commissioner of Customs." (ii) In the Explanation for clause (b) the following shall be substituted, namely :- "(b) Export and Import Policy "means Export and Import Policy 1 April 1997 - 31 March 2002, published by the Government of India under Minsitry of Commerce Notification No. 1/1997 - 2002 dated 31st March 1997 as amended from time to time". 9. 153/93-Cus., dated the 2nd March, 1993 (i) In condition (vi) for the words and figures "Import and Export Policy 1992-97" the words and figures "Export and Import Policy 1 April 1997 - 31 March 2002 published by the Government of India under Ministry of Commerce Notification No. 1/1997-2002 dated 31st March 1997 as amended from time to time" shall be substituted. 10. 128/94-Cus., dated the 10th June, 1994 (i) In condition (1), for the words "para 56 of the Export and Import Policy, 1st April, 1992 - 31st March, 1997", the words and figures "Export and Import Policy 1 April 1997 - 31 March 2002 published by the Government of India under Ministry of Commerce Notification No. 1/1997-2002 dated 31st March 1997 as amended from time to time" shall be substituted. (ii) In the Explanation, - (1) in clause (iii) in sub-clause (e), for the words and figures "Chapter 8 of the Export and Import Policy 1st April 1992 - 31st March 1997" the following shall be substituted, namely :- "Chapter 8 of the Export and Import Policy 1 April 1997-31 March 2002 published by the Government of India under Ministry of Commerce Notification No. 1/1997-2002, dated 31st March 1997 as amended from time to time". (2) Clause (v) shall be omitted. 11. 126/94-Cus., dated the 3rd June, 1994 (i) In condition (4), for the figure "10" the figure "5" shall be substituted. (ii) For the Explanation, the following shall be substituted namely :- Explanation : for the purpose of this Notification "Export and Import Policy" means Export and Import Policy 1 April 1997 - 31 March 2002 published by the Government of India under Ministry of Commerce Notification No. 1/1997-2002 dated 31st March 1997 as amended from time to time. 12. 133/94-Cus., dated 22nd June, 1994 (i) For the Explanation, the following shall be substituted, namely :- "Explanation :- For the purpose of this notification `Export and Import Policy' means the Export and Import Policy, 1 April 1997 - 31 March 2002 published by the Government of India under Ministry of Commerce Notification No. 1/1997-2002 dated 31st March 1997 as amended from time to time". 13. 196/94-Cus., dated 21st October, 1994. (i) In condition (5) for the words and figures "Export and Import Policy April, 1992 - March 1997, published under the Ministry of Commerce, Public Notice No. 1-ITC(PN)/92-97 dated the 31st March, 1992", the words and figures "Export and Import Policy 1 April 1997-31 March 2002 published by the Government of India under the Ministry of Commerce Notification No. 1/1997-2002 dated 31st March 1997" shall be substituted. (ii) In condition (8) for the figure, "15", the figure "10" shall be substituted. 14. 101/93-Cus., dated the 16th March, 1993 In the Table, for serial number (8), the following shall be substituted, namely :- "(8) Any other item as may be specified by a Public Notice issued in pursuance of the provisions of Export and Import Policy 1 April 1997 - 31 March 2002, published by the Government of India under the Ministry of Commerce Notification No. 1/1997-2002 dated 31st March 1997 as amended from time to time". 15. 144/93-Cus., dated the 28th June, 1993 For the words and figures, " specified in paragraph 88 of the Export Import Policy 1st April, 1992 - 31 March 1997, read with Chapter VIII of the Handbook of procedures, Volume I, 1 April 1992 - 31 March 1997, of the Government of India in the Ministry of Commerce", the words and figures, "Export and Import Policy, 1 April 1997 - 31 March 2002 read with Chapter 8 of the Hand Book of Procedures Volume I - 1st April 1997 - 31st March 2002, published by the Government of India, Ministry of Commerce Notification No. 1/1997-2002 dated 31st March 1997 as amended from time to time" shall be substituted. 16. 146/93-Cus., dated the 28th June, 1993 For the words and figures, "specified in Paragraph 88 of the Export and Import Policy, 1st April, 1992 - 31st March, 1997 read with Chapter VIII of the Hand Book of Procedure, Volume I - 1st April, 1992 - 31st March, 1997 of the Government of India in the Ministry of Commerce", the words and figures, "Export and Import Policy 1 April 1997 - 31 March 2002, read with Chapter 8 of Hand Book of Procedures Volume I, 1st April 1997 - 31st March, 2002, published by the Government of India under Ministry of Commerce Notification No. 1/1997-2002, dated 31st March, 1997 as amended from time to time" shall be substituted. 17. 117/94-Cus., dated the 27th April, 1994 For the words and figures, "Export Import Policy 1st April 1992 - 31st March, 1997 of the Government of India in the Ministry of Commerce", the words and figures, "Export and Import Policy 1 April 1997 - 31 March 2002, published by the Government of India under Ministry of Commerce Notification No. 1/1997-2002 dated 31st March, 1997, as amended from time to time" shall be substituted.