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Goods for packaging of pharmaceuticals - 23/95 - Customs -TariffExtract Goods for packaging of pharmaceuticals Notification No. 23/95-Cus. Dated 16-3-1995 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 exempts polyethylene and copolymers of ethylene (other than polyethylene based sheathing compound and insulation compound) having a specific gravity of less than 0.94 and falling under heading No. 39.01 and polypropylene and copolymers of propylene falling under heading No. 39.02 (hereinafter referred to as "said goods") of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), when imported into India for the manufacture of aseptic packing material for packaging of pharmaceuticals by the actual users, from so much of that portion of the duty of customs leviable thereon which is specified in the said First Schedule, as is in excess of the amount calculated at the rate of 20 per cent ad valorem : Provided that the importer, at the time of importation, holds a drug manufacturing licence issued under the Drugs and Cosmetics Act, 1940 (23 of 1940) : Provided further that the importer furnishes a certificate from the Drug Controller in the Central Government or the State Governments to the effect that the process of packaging of pharmaceuticals adopted by the importer is aseptic : Provided further that the importer furnishes an undertaking to the Assistant Collector of Customs, to the effect that - (a) he shall within six months, or such extended period as the Assistant Collector of Customs may allow in this behalf, produce a certificate from the Assistant Collector of Central Excise having jurisdiction over his factory to the effect that the said goods have been used for the specified purpose; (b) aseptic packing material produced out of the said goods is consumed in the same factory for packaging of pharmaceuticals; (c) he shall pay, on demand, in the event of his failure to comply with the requirement specified in clauses (a) or (b) above, an amount equal to the difference between the duty leviable on such quantity of the said goods but for the exemption contained herein and that already paid at the time of importation.
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