Exemption to specified goods imported for use in an integrated acquaculture farm and export of farm products by 100% EOU - 188/93 - Customs -Tariff

Exemption to specified goods imported for use in an integrated acquaculture farm and export of farm products by 100% EOU Notification No. 188/93-Cus. Dated 27-12-1993 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 goods specified in the Table below (hereinafter referred to as the goods), when imported into India for use in an integrated acquaculture farm in connection with its operational requirements of the acquaculture farm and for export of acquaculture products produced therefrom by hundred per cent export oriented undertakings approved by the Board of Approvals for hundred per cent Export Oriented Undertakings, appointed by the notification of the Government of India in the former Ministry of Industry and Civil Supplies (Department of Industrial Development) No. S.O. 163 (E)/RLIU/10 (2) 76, dated the 3rd March, 1976, from the whole of the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) and the additional duty, if any, leviable thereon under section 3 of the second mentioned Act, subject to the following conditions, namely :- (1) the importer has been granted necessary approval for the import of the goods for the said purpose. (2) the importer uses the goods for the purposes of production of acquaculture products and exports out of India hundred per cent or such other percentage, as may be fixed by the said Board of acquaculture products produced from the goods for a period of 10 years or such extended period as may be specified by the said Board; (3) on the expiry of the period referred to in condition (2) the importer shall pay the customs duty on capital goods, material handling equipments, office equipment, captive power plants, or, as the case may be, captive generating sets, on depreciated value calculated at the rate of exchange prevailing on the date of filing of bill of entry at the time of import and the rate of duty being the rate applicable on the date the undertaking ceases to be the hundred per cent export-oriented undertaking; (4) the importer, at the time of import of the said goods, produces to the Assistant Collector of Customs a certificate from the Development Commissioner to the effect that the importer has executed a bond in such form and for such sum binding himself to fulfil the export obligations and conditions as may be specified; (5) notwithstanding anything contained in this notification the exemption contained herewith shall also apply to those goods which on importation into India are used for the purposes of production of acquaculture products within hundred per cent Export-Oriented Undertakings approved by the said Board of Approvals for hundred per cent Export-Oriented Undertakings and such products (including rejects, waste and scrap material arising in the course of production) even if not exported out of India, are allowed to be sold in India, under and in accordance with the 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, as amended from time to time, and in such quantity and subject to such other limitations and conditions as may be specified in this behalf by the Development Commissioner, on payment of duty of excise leviable on such articles under section 3 of the Central Excises and Salt Act, 1944 (1 of 1944); (6) the Collector of Customs may, subject to such conditions as may be prescribed by him, allow a unit to re-export the goods. THE TABLE Sl. No Description of goods (1) (2) 1. Capital goods. 2. Material handling equipments, namely, fork-lifts, over-head cranes, mobile cranes, crawler cranes, hoists and stackers. 3. Spares of capital goods and material handling equipments, namely, fork-lifts, over-head cranes, mobile cranes, crawler cranes, hoists and stackers. 4. Office equipments, as permissible for import by the 100 per cent export-oriented units. 5. Captive power plants. 6. Tools, Jigs, Gauges, Fixtures, Moulds, Dies, instruments and accessories.