Exemption to specified goods imported on behalf of Jem and Jewellery units at Noida Export Processing Zone - 258/87 - Customs -Tariff

Exemption to specified goods imported on behalf of Jem and Jewellery units at Noida Export Processing Zone Notification No. 258/87-Cus. Dated 2-7-1987 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 the goods specified in the Annexure to this notification (hereinafter referred to as the said goods), when imported into India by or on behalf of the gem and jewellery units set up in Noida Export Processing Zone at Ghaziabad (Uttar Pradesh) (hereinafter referred to as the said Zone) under the Scheme, for the manufacture of jewellery in free trade zones notified by the Government of India, in the Ministry of Commerce, in Public Notice No. P.N. 59/ITC(PN) 1984, dated the 10th October, 1984, as Annexure V to Appendix 22 of the Import and Export Policy, 1984-85 from the whole of the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), and from-the whole of the additional duty, if any, leviable thereon under section 3 of the said Customs Tariff Act, subject to the following conditions, namely :- (i) the importer has been authorised to establish manufacturing unit or units in the said Zone; (ii) the importer is covered, wherever required, by a general or specific permit issued by the Reserve Bank of India; (iii) the importer has been granted necessary licence, for the import of the said goods; (iv) the importer shall not import gold of 0.999 fineness and purity except through the State Bank of India or any other Agency designated for the purpose by the Government of India in the Ministry of Commerce and the identification mark on the gold of such fineness has been stamped by the India Government Mint, Bombay; (v) the importer satisfies the Assistant Collector of Customs that the said goods so imported shall be used in the manufacture or packaging of gem and jewellery for export out of India, or for, the promotion of exports of gem and jewellery; (vi) the importer agrees to execute a bond in such form and for such sum as may be specified by the Development Commissioner of the said Zone binding himself to fulfil the export obligation and to fulfil, inter alia , the conditions stipulated in this notification; (vii) the importer agrees to bring the goods into the said Zone and use them within the said Zone in the manufacture or packaging of gem and jewellery for export out of India or for the promotion of such exports of gem and jewellery; (viii) the importer agrees to export out of India all goods manufactured or packaged within the said Zone; (ix) the importer shall maintain a proper account of import, consumption and utilisation of the goods and of exports made by him and shall submit such account periodically to the Assistant Collector of Customs, in such form and in such manner, as may be laid down by the Collector of Customs; (x) gem and jewellery, including the rejects, manufactured in the said Zone, shall not be brought to any other place in India (that is to say the Domestic Tariff Area) for whatever purpose; (xi) in the event of such a Unit ceasing its operation, gold, other precious metals, alloys, gem and material for the manufacture of jewellery shall be handed over to the Agency, nominated in this behalf by the Government of India in the Ministry of Commerce; (xii) the loss of gold in the manufacturing process, not exceeding 3% in the case of studded jewellery, and 2% in the case of handicrafted or machine made plain jewellery, may be allowed by the Assistant Collector of Customs subject to fulfilment of such conditions as he may specify; and in the case of findings and mountings and the like, the wastage allowed shall be determined on the basis of the weight of the gold content of each findings, mountings and the like exported; (xiii) export under this notification shall be allowed only by air freight through the Delhi Airport; (xiv) the importer shall pay, on demand, an amount equal to the duty leviable :- (a) on goods which are capital goods as are not proved to the satisfaction of the Assistant Collector of Customs to have been :- (i) installed or otherwise used within the said Zone or re-exported within a period of one year from the date of importation thereof or within such extended period as the Assistant Collec tor of Customs may, on being satisfied that there is sufficient cause for not using them within the said Zone or for not re-exporting them within the said period, allow; (ii) retained within the said Zone after installation or use inside the said Zone; (b) on goods, other than capital goods as are not proved to the satisfaction of the Assistant Collector of Customs to have been : (i) used in connection with the manufacture or packaging of gem and jewellery within the said Zone for export out of India or for the promotion of export of such goods or re-export ed within a period of one year from the date of importation thereof or within such extended period as the Assistant Collec tor of Customs may, on being satisfied that there is sufficient cause for not using them or for not re-exporting them within the said period, allow; (ii) retained within the said Zone in connection with the promotion of exports of gem and jewellery. Explanation : For the purposes of this notification, the NOIDA Export Processing Zone shall comprise of the places enclosed by the boundaries as specified in paragraph 4 of the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 339-Customs/85 dated the 21-11-1985 as amended from time to time. ANNEXURE Description of goods 1. Capital goods. 2. Raw Materials. 3. Components. 4. Spares of production machinery. 5. Consumables required for manufacture of goods. 6. Tools, Jigs, Gauges, Fixtures, Moulds, Dies, Instruments and Accessories. 7. Packaging Materials. 8. Prototypes and technical samples. 9. Goods re-imported within one year from the date of exportation from the said Zone due to the failure of the foreign buyer to take delivery or for repairs.