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DUTY EXEMPTION / REMISSION SCHEME

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..... rms have not been published, an application in ANF 4B, along with prescribed documents, shall be furnished to concerned Norms Committee (NC) at DGFT Headquarter for fixation of Norms. In such cases, original copy of application along with prescribed fee shall be filed with RA concerned and a self attested copy of same shall be filed with NC. Authorisation in such cases shall be issued by RA as NC recommends. NC shall also function as a recommendatory authority for SION. DGFT may notify such norms. 4.4.3 Applications, where Acetic Anhydride, Ephedrine and Pseudoephedrine is required as an input for import, shall be filed with RA concerned. Copies of such applications shall also be simultaneously endorsed to the Drug Controller of India, Nirman Bhawan, New Delhi, Narcotics Commissioner, Central Bureau of Narcotics, Gwalior and respective Zonal Director of Narcotics Control Bureau, alongwith a declaration that applicant will maintain prescribed records and also submit prescribed returns. 4.4.4 RA, while issuing Advance Authorisation for import of Acetic Anhydride, Ephedrine and Pseudo- ephedrine, shall endorse a condition that before effecting imports, NOC sh .....

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..... under Para 4.4.2 above. Where export and / or import of biotechnology items are involved, Authorisation under this paragraph shall be issued by RA only on submission of a "No Objection Certificate" from Department of Biotechnology. 1 vi. Honey. Entitlement 4.7.1 CIF value of one or more such authorisations shall be maximum 500% of FOB and / or FOR value of preceding year exports and / or supplies in case of status holders and Rs. 5 crore or 500% of the FOB and / or FOR value of preceding year exports and / or supply, whichever is more, for others. 2 However, in cases where NC has already ratified norms for same export and import products in respect of an authorization obtained under paragraph 4.7, such norms shall be valid for a period of one year reckoned from the date of ratification. In such cases Authorisations shall be issued by RA concerned under "Adhoc Norms Fixed" category and application copies need not be forwarded to NC for fixation / ratification of norms. Authorisation holder in such cases shall be entitled for further authorisation(s) as per norms ratified by NC without need for subsequent ratification by NC. In such cases applicant wou .....

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..... alty as stated in above paragraph. In case SION for the said product is notified, SION would be made applicable for deciding wastage norm and EO. In such cases, where export obligation is completed pending fixation of norms by NC, entitlement for authorisation as given in paragraph 4.7.1 may be re-credited upon production of documentary evidence (copies of Shipping bill / bill of export / Central Excise certified copies of invoices) showing fulfillment of export obligation in respect of previous authorisations. However, bond waiver / redemption shall not be allowed pending fixation of norms in such cases. Financial Powers 4.8 Financial powers of RA and NC are given in table below: Category of Application On published norms and under paragraph 4.7 of HBP v1 RA RA on recommendation of DGFT Hqr (SION cases) / NC (adhoc Norms cases). Petroleum / Petrochemical products Advance Authorisation for Annual Requirements Others Petroleum / Petrochemical products Advance Authorisation for Annual Requirements Others CIF value of Authorisation Upto Rs. 500 crore Upto Rs. 100 c .....

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..... t of Advance Authorization scheme. Description of an Advance Authorisation 4.11 An Advance Authorisation shall specify: (a) names and description of items to be imported and exported / supplied; (b) quantity of each item to be imported or wherever quantity cannot be indicated, value of item shall be indicated. However, if in SION, quantity and value of individual inputs is a limiting factor, same shall be applicable. (c) aggregate CIF value of imports; and (d) FOB / FOR value and quantity of exports / supplies. Exports in Anticipation of Authorisation 4.12 Exports / supplies made from date of EDI generated file number for an Advance Authorisation, may be accepted towards discharge of EO. Shipping / Supply document(s) should be endorsed with File Number or Authorisation Number to establish co-relation of exports / supplies with Authorisation issued. If application is approved, authorisation shall be issued based on input / output norms in force on the date of receipt of application by RA in proportion to provisional exports / supplies already made till any amendment in norms is notified. For remaining exports, Policy / Procedures in force on aut .....

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..... back inland letter of credit from banks. An Advance Authorisation / DFIA holder may approach a bank for opening an inland letter of credit (L/C) in favour of an indigenous supplier. 4.15.1 Before opening the L/C, bank will ensure that necessary BG / LUT has been executed by Advance Authorisation / Non Transferable DFIA holder and an endorsement to that effect has been made on the Authorisation. However, execution of BG / LUT shall not be required against transferable DFIA. After opening inland L/C, bank shall make following endorsement on Exchange Control and Customs copy of Advance Authorisation/ DFIA; Value of this Advance Authorisation / DFIA stands reduced by a sum of Rs. ________ , being value of inland L/C No.________ opened today by authorisation holder in favour of M/s _______________ (name and address of indigenous supplier). 4.15.2 Authorisation shall be invalidated by bank for direct import only in respect of full quantity and value of item being sourced indigenously. 4.15.3 Original Letter of credit (L/C) may be retained by bank for negotiation and only non-negotiable copy of L/C may be given to indigenous supplier. 4.15.4 Respon .....

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..... In case BG / LUT has been redeemed, advance authorization holder can get duty free inputs processed from any manufacturer under Actual User condition as per job work regulations prescribed under Central Excise Rules. However such restriction shall not be applicable in case of transferable DFIA holder. Facility Of Co-Licensee 4.17 Deleted. Acceptance of BG / LUT 4.18 At the time of issue of authorisation, acceptance of undertaking given by applicant to RA concerned in relevant ANF will be endorsed on the reverse of Advance Authorisation. Authorisation holder shall execute Bank Guarantee / Legal Undertaking, as the case may be, in terms of para 2.20 of HBP v1. Port of Registration 4.19 Advance Authorisation shall be issued for purpose of import and export through one of sea ports or airports or ICDs or LCS specified below. Authorisation holder shall register authorisation at the port specified in authorisation and thereafter all imports against said authorisation shall be made only through that port, unless the authorisation holder obtains permission from customs authority concerned to import through any other specified port. However, export .....

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..... risations are required to have been issued under similar Customs notification even pertaining to different financial years. However in case of Authorisations issued in 2004-09 period, Advance Authorisations with different customs notification can be clubbed. 4.20.1 RA, under whose jurisdiction authorisation is issued or NC in other cases, shall consider a request in ANF 4D for clubbing all imports and exports of more than one Advance Authorisation provided imported inputs are properly accounted for as per norms. Value addition of the authorisations so clubbed shall be average of minimum value addition prescribed in FTP and Procedure laid thereunder, imposed on individual authorisations. Upon clubbing, authorisations shall, for all purposes, be deemed to be one Authorisation and thereafter shortfall, if any, shall be regularized in terms of para 4.28 of HBP v1. 4.20.2 Accountability of imports and exports shall be restricted in relation to individual categories of Advance Authorisations including Advance Authorisation for annual requirements. 4.20.3 Facility is available only for Advance Authorisation(s) where there is shortfall in fulfillment of EO, and .....

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..... of EO under an Advance Authorisation shall commence from Authorisation issue date. EO shall be fulfilled within 24 months except in case of supplies to projects / turnkey projects in India / abroad under deemed exports category where EO must be fulfilled during contracted duration. 7 In case of Spices [covered by Chapter 9 of ITC (HS)] and coconut oil, EO shall be fulfilled within 90 days from the date on which first import consignment is cleared by Customs Authorities. 8 However, in case of import of spices for VA purpose like crushing / grinding / sterlisation or for manufacture of oils and oleoresins of pepper, cardamom and chillies and not for simple cleaning, grading, repacking etc., EO shall be fulfilled within 120 days from the date of importation of first consignment. In case of import of spices (other than pepper, cardamom and chillies) for manufacture of spice oils and oleoresins, EO shall be fulfilled within 12 months from the date of issuance of advance authorisation. EO Period for import of drugs (with a specific export order and pre-import condition) and for import of tea shall be 6 months. 4.22.1 Request for extension in EOP may be made in ANF .....

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..... for realisation of foreign exchange has not become due, RA shall not take action for non submission of bank certificate of exports and realisation provided other document substantiating fulfillment of EO have been furnished. 4.24.1 In case Authorisation holder fails to complete EO or fails to submit relevant information / documents, RA shall take action by refusing further Authorisations, enforce condition of Authorisation and Undertaking and also initiate penal action as per law. Advance Authorisation for Annual Requirement 4.24A (a) Exporters eligible for such Authorisations shall file an application in ANF 4A to RA concerned. All provisions as to Advance Authorisation given above would apply except the following: (i) RA while issuing Authorisation shall mention technical characteristics quality and specifications in respect of such inputs:- Alloy steel including stainless steel, copper alloy, synthetic rubber, bearings, solvents, perfumes/ essential oils / aromatics chemicals, surfactants, relevant fabrics and marble. (ii) Authorisation holder shall have flexibility to export any product falling under export product group using duty exempted ma .....

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..... isations issued upto 31.8.2004 4.27 Advance Licences including Advance Licences for Annual Requirement issued upto 31.8.2004 shall be governed by provisions contained in Chapter-7 of HBP v1 (RE-2001) and Chapter 4 of HBP v1 (2002-2007) as Notified on 31.3.2002 respectively as amended from time to time, excepting provisions relating to clubbing and extension in E.O. period which shall be governed by provisions of paragraphs 4.20 and 4.22.1 respectively above and any other provision, as notified by DGFT. However, wherever Customs duty is to be paid on unutilised material, same shall be paid alongwith interest thereon as notified. Regularisation of Bonafide Default. 4.28 Cases of bonafide default in fulfillment of EO may be regularised by RA as under: (i) If EO is fulfilled in terms of value, but there is a shortfall in terms of quantity, the Authorisation holder shall, for regularisation, pay:- 14 a) to customs authorities, customs duty on unutilized value of imported / indigenously procured material along with interest as notified; and b) an amount equivalent to 3% of the CIF value of unutilised imported material through a TR in authorised branch .....

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..... ial alongwith interest thereon as notified or effect additional export within the EO period. Time Period For Depositing Fines, Customs Duty, etc. 4.29 Customs duty with interest to be recovered from Authorisation holder on account of regularisation or enforcement of BG / LUT, shall be deposited by Authorisation holder in relevant Head of Account of Customs Revenue i.e., "Major Head 0037 - Customs and minor head 001- Import Duties" in prescribed T.R. Challan within 30 days of demand raised by regional / customs authority and documentary evidence shall be produced to this effect to RA / customs authority immediately. On receipt of such documentary evidence from Authorisation holder, RA shall intimate details of recovery / deposits made to Customs Authority at port of registration under intimation to Joint Secretary (Drawback), Department of Revenue, Ministry of Finance, Jeevan Deep Building, New Delhi. Payment of amount of duty, interest and any dues for regularisation shall, however, be without prejudice to any other action that may be taken by Customs Authorities at any stage under Customs Act, 1962. Maintenance of Proper Accounts. 4.30 Every Advance Au .....

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..... given in Chapter-4 of FTP. Duty credit under the scheme shall be calculated by taking into account deemed import content of said export product as per SION. Value addition achieved by export of such product shall also be taken into account while determining the rate of duty credit under the scheme. Fixation of DEPB Rate 4.38 ANF 4C prescribes form regarding fixation of DEPB rates. All applications for fixation of DEPB rates shall be routed through concerned EPCs which shall verify the FOB value of exports as well as international price of inputs covered under SION. Provisional DEPB Rate 4.38A To encourage diversification and to promote export of new products, DEPB Committee would be empowered to notify provisional DEPB rates. However, such DEPB rates would be valid for a limited period of time during which exporter would furnish data on export and import for regular fixation of rates. Exports in anticipation of DEPB Rate 4.39 No exports shall be allowed under DEPB scheme unless DEPB rate of concerned export product is notified. Port of Registration 4.40 Exports / imports made from specified Sea Ports, Airports, ICD LCSs give .....

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..... before allowing DEPB benefits. SEZ unit will file application with Development Commissioner concerned in ANF 4G along with prescribed documents. 4.44 DEPB shall be issued with transferable endorsement after payment confirmation. In other cases, DEPB shall be initially issued with non-transferable endorsement and upon realization, can be endorsed as transferable. Monitoring of Realisation 4.45 RA shall monitor earlier cases where DEPB has been granted prior to realisation of export proceeds so as to ensure that realisation takes place within prescribed time. Failing this, RA shall initiate action for recovery of an amount equivalent to DEPB credit with interest as notified. Recovered amount in such cases shall be deposited in head of account of Customs as stated in paragraph 4.29 above. 4.45.1 If export proceeds are not realised within the stipulated time period DEPB holder shall pay in cash an amount equivalent to duty free credit utilised on imports, against such exports with interest as notified from date of import till date of deposit. If amount realised in foreign exchange is less, then payable amount would be reduced proportionately. Time P .....

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..... f the Shipping Bills 4.52 In case where EP copy of Shipping Bill has been lost, DEPB and other duty credit certificates, claim can be considered subject to submission of following documents:- a) A duplicate / certified copy of Shipping Bill issued by Customs authority in lieu original; b) An application fee equivalent to 2% of the DEPB or other duty credit entitlement in respect of lost Shipping Bills. However, no fee shall be charged when Shipping Bill is lost by Government agencies and a documentary proof to this effect is submitted; c) An affidavit by exporter about loss of Shipping Bills and an undertaking to surrender it immediately to concerned RA, if found subsequently; and d) An indemnity bond by exporter to the effect that he would indemnify Government for financial loss if any on account of DEPB or other duty credit certificate issued against lost Shipping Bills. Customs authority, before allowing clearance, shall ensure that no DEPB benefit has been availed against same shipping bill. 4.52.1 Claim against lost Shipping Bill shall be preferred within a period of six months from date of release of duplicate copy of shipping bill and any appli .....

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..... Mat, Roving Woven Surfacing Mat), Relevant Synthetic Resin (unsaturated polyester resin, Epoxy Resin, Vinyl Ester Resin, Hydroxy Ethyl Cellulose), Lining Material. 4.55.4 Deleted DFIA for applicants with multiple units 4.56 Transfer of any duty free material imported or procured against actual user DFIA shall be governed by provisions of paragraph 4.5 above. DFIA for Free of Cost and Paid Material 4.57 Procedure would be as per paragraph 4.6 above and 4.2.7 in FTP. Financial Powers 4.58 Financial powers shall be as per paragraph 4.8 above. Description of a DFIA 4.59 A DFIA shall specify details as per paragraph 4.11 above. Exports in Anticipation of DFIA 4.60 Exports / supplies made from date of EDI generated file number for a DFIA, may be accepted on similar lines as in paragraph 4.12, 4.12.1 4.12.2 above. 4.60.1 Deleted 4.60.2 Deleted Port of Registration 4.61 Provision of paragraph 4.19 above shall be applicable in case of DFIA. Acceptance of BG / LUT 4.62 Provision of paragraph 4.18 above shall be applicable. Enhancement / Reduction in the Value of DF .....

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..... ation itself as to liability of additional customs duty / excise duty in respect of imported / indigenously procured inputs, as the case may be, which have already been imported under Actual User DFIA and are sought to be transferred after fulfillment of E.O. DFIA holder shall deposit additional customs duty / excise duty alongwith applicable interest as per Customs Notification in relevant Head of Account of Customs Revenue i.e., "Major Head 0037 - Customs and Minor Head 001 - Import Duties" in prescribed T.R. Challan and furnish a documentary evidence to RA alongwith the application for endorsement of transferability. However, restricted items endorsed in authorisation shall be allowed to be transferred only against a separate authorisation / permission issued as per FTP and the procedure laid there under. GEMS AND JEWELLERY 4A Policy relating to Gem Replenishment Authorisation, and scheme for gold / silver / platinum jewellery is given in paragraph 4A of FTP. Replenishment Authorisation 4A.1 An application for REP Authorisation may be made in ANF 4I alongwith documents prescribed therein to RA concerned as in Appendix 1A. 4A.1.1 Applica .....

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..... d and black beads / imitation stones, except in studded form of jewellery. 4% b) All types of Studded gold / platinum / silver Jewellery and articles thereof. 6.5% c) Any jewellery / articles manufactured by fully mechanised process 2% d) Gold / silver / platinum medallions coins (excluding coins of nature of legal tender) 2% e) Gold / silver / platinum findings / mountings manufactured by mechanised process 3% 4A.2.2 Entitlement of quantity of gold / silver / platinum against the export shall be quantity of gold / silver / platinum in item of export plus admissible wastage / manufacturing loss. Loss of Gem and Jewellery 4A.3 Consignments of gem and jewellery items exported out of country and lost in transit after exports, where foreign exchange against such exports has been realised or insurance claims settled, will also be eligible for REP Authorisation. Gem Jewellery Replenishment Authorisations 4A.4 Gem REP Authorisations shall be valid for import of precious stones, semi-precious and synthetic stones and pearls. In additi .....

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..... s / pearls used in manufacture, and weight / value of any other precious metal used for alloying gold / silver. Conditions of Exports 4A.7 Exports shall be allowed by customs authorities provided endorsement made on shipping bill and invoice are correct and value addition achieved is not below minimum prescribed in FTP. Proof of Exports 4A.8 Exporter has to furnish the proof of exports, wherever required for export of gold / silver / platinum jewellery and articles thereof, by furnishing following documents: (a) E.P copy of the shipping bill; (b) Customs attested invoice; (c) Bank certificate of export as in Appendix 22A showing that documents have been sent for negotiation / collection; and (d) A declaration on following lines: " I / We declare that outstanding realisation of export proceeds beyond 180 days does not exceed 10% of average exports of preceding three licensing years. I/We further declare that no export proceeds are outstanding beyond one year or such extended period for which RBI permission has been obtained." In case of Personal carriage of jewellery by foreign buyer, following documents should be submitted by the exporter/seller .....

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..... t 4A.12 Exports under schemes of gold / silver / platinum jewellery and articles thereof shall be allowed by airfreight and Foreign Post Office through the Customs House at Mumbai, Calcutta, Chennai, Cochin, Delhi, Jaipur, Bangalore, Kochi, Coimbatore, Ahmedabad, Dabolin Airport, Goa and Hyderabad. Export by courier shall also be allowed through Custom Houses at Mumbai, Calcutta, Chennai, Cochin, Coimbatore, Delhi, Jaipur, Bangalore, Ahmedabad and Hyderabad upto FOB value of Rs.20 lakhs per consignment. Export by Post 4A.13 Policy for export of gems and jewellery parcel by post is in paragraph 4A.17 of FTP. At the time of exports, exporter shall submit following documents: (i) Shipping bills or invoice presented at foreign Post Office; (ii) Certificate from nominated agencies indicating price at which gold / silver / platinum was booked or given on outright sale basis or loan basis; (iii) Three copies of invoice. 4A.14 Deleted Export Against Supply By Foreign Buyer 4A.15 Before clearance of each consignment of import supplied by foreign buyer, nominated agency shall execute a bond with Customs, undertaking to export within stipulated p .....

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..... nominated agency / Status Holder / exporter concerned is situated. It shall be valid for shipment for a period of seven days including the date on which endorsement was made by nominated agency in case of exports through nominated agency. If exports cannot be made within this period, exporter shall file a fresh shipping bill. 4A.15.5 At the time of export, exporter shall submit following documents: (i) Shipping bill with two extra copies where exports are made from a Customs House other than Customs House through which corresponding import of gold / silver / platinum / plain semi-finished gold / silver / platinum jewellery was effected. In other cases, shipping bill with an extra copy; (ii) Three copies of invoice; (iii) Certificate from nominated agency indicating quantity and value of items supplied by foreign buyer. 4A.15.6 Customs authorities shall return two copies of shipping bill and connected invoice duly attested. One copy shall be sent to person who presented documents and the other copy shall be sent by Customs to office of nominated agency / Status holder / exporter. 4A.15.7 In case of exports through nominated agency, exporter shall submit .....

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..... 0 days of close of exhibition. However in case exporter is participating in more than one exhibition within 45 days of close of first exhibition, then 60 days shall be counted from date of close of last exhibition. In case of personal carriage of gems and jewellery for holding /participating in overseas exhibitions, value of such gems and jewellery shall not exceed US $ 2 million. Gold / silver / platinum content on items sold in such exhibitions may be imported as replenishment. Exporter shall take replenishment from nominated agency within 120 days from the close of the exhibition gold / silver / platinum for replenishment content against items sold abroad in exhibition. (ii) Personal Carriage of gems jewellery or export through airfreight / post parcel route for Export Promotion Tours /photo shoots / fashion shows overseas. Personal carriage / export through airfreight / post parcel route of gold / silver / platinum jewellery, cut and polished diamonds, precious, semiprecious stones, beads and articles as samples upto US$ 100,000 for export promotion tours / photo shoots / fashion shows and temporary display / sale abroad is also permitted with approval of Gem Jeweller .....

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..... ge. 4A.21.1 Applicant shall at the time of booking deposit an earnest money for a minimum amount of 20% of notional price of precious metal, which shall be adjusted at actual sale. 4A.21.2 Exporter may also export jewellery on a notional rate based on certificate provided by Bank. Exporter must fix price within credit terms allowed to buyer and realise proceeds within the due date of the credit terms or 180 days, whichever is earlier. Exporter exporting on a notional basis under Replenishment Scheme must book the same quantity of gold with Nominated Agency on same rate that he may have booked with buyer. Nominated agencies shall purchase precious metal on behalf of exporter at the rate so fixed and thereafter issue a purchase certificate bearing a serial number to exporter indicating quantity of gold / silver / platinum and CIF value, in dollars including the Rupee equivalent. Price shall be actual price at which gold / silver / platinum is purchased by nominated agencies plus permitted service charges levied by nominated agencies shall be included with the price of gold / silver / platinum for value addition. Duplicate and triplicate copies of exporter's application .....

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..... ting documents, to ensure export proceeds are realized at this rate. 4A.24 Nominated agencies may accept payment in dollars towards cost of import of precious metal from EEFC account of exporter. Exports against Advance Authorisation 4A.25 Procedure applicable to Advance Authorisations under Chapter-4 of HBP v1 shall generally apply to this scheme except norms for value addition, EO period and regularization of default. 4A.25.1 EO will be required to be fulfilled within 120 days from date of import of each consignment against Authorisation. However EO period shall be 180 days from date of import of findings, mountings made of gold, platinum and silver and export of jewellery. No further extension in EO period will be allowed. Advance Authorisation holder may also import gold as replenishment after completion of exports. 4A.25.2 Advance Authorisation holder may obtain gold / silver / platinum from nominated agencies in lieu of direct imports. In such a case, nominated agency shall make, both exchange control copy and customs purpose copy of Authorisation invalid for direct imports. Diamond Imprest Authorisation 4A.26 Policy for Diamond Imp .....

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..... Companies are also permitted to operate on the above lines. Personal Carriage of Gems Jewellery Import Parcels 4A.30 Personal carriage of gems jewellery import parcels by an Indian importer / Foreign National may be permitted into all EOUs / SEZ units and all firms in DTA through airports in Delhi, Mumbai, Kolkata, Chennai, Bangalore, Hyderabad Jaipur. Procedure will be same as for import of goods by air-freight except that parcels shall be brought to Customs by Importer / Foreign National for examination and release. Clearance of imports under this scheme shall be as per normal customs clearance procedure. Duty free import of samples 4A.31 Duty free import of gems and jewellery samples upto Rs 3 lakhs or 0.25% of the average of last three years export turnover of gems and jewellery items, whichever is lower, shall be allowed in a financial year as per Customs notification. Re-import of rejected jewellery 4A.32 An exporter of plain / studded precious metal jewellery shall be allowed to re-import duty free jewellery rejected and returned by buyer upto 2% of FOB value of exports in preceding licencing year with refund of any duty exemption / refu .....

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..... "However, in cases where NC has already ratified norms for same export and import products in respect of an Authorisation obtained under paragraph 4.7, such norms shall be valid for a period of six months reckoned from date of ratification." 3. Has been replaced vide Public Notice No. 37 (RE-2007)/2004-2009 dated: 23/8/2007, before it was read as, "However, NC should ensure that such adhoc norm(s), if not notified already, are notified within a period of one month after six months of ratification of such adhoc norm(s)." 4. Has been substituted vide Public Notice No. 57 (RE-2007)/2004-2009 dated: October 1, 2007 before it was read as, "However in such cases where the NC decides adhoc norms based on information available to it and the exporter represents against the decision of the NC, time limit for filing representation, if any, before the Norms Committee shall be four months from the date of communication of decision of the fixation of adhoc norms by NC." Inserted vide Public Notice No. 37 (RE-2007)/2004-2009 dated: 23/8/2007 5. Added vide Public Notice No. 21 (RE-2007) /2004-2009 dated 17th July, 2007 6. Added vide Public Notice No. 89 (RE-2007) /2004-2009 dated 10/12/2 .....

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