GOVERNMENT OF INDIA
MINISTRTY OF FINANCE
(DEPARTMENT OF REVENUE)
NOTIFICATION
No. 106/2009-CUSTOMS
New Delhi, the 14th September, 2009
G.S.R ----- (E) – 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, namely:-
TABLE
| Serial
number |
Notification
number and date |
Amendments |
| (1) |
(2) |
(3 |
| 1. |
94/96-Customs dated the 16th December, 1996 [G.S.R
569 (E),
dated the 16th December, 1996] |
In the said notification, in the Explanation,-
(i) for clause (b), the following clause shall be substituted, namely:-
“(b) ‘Foreign Trade Policy’ means Foreign Trade Policy,
2009 - 2014 notified by the Government of India in the
Ministry of Commerce and Industry published in the
Gazette of India, Extraordinary, Part-II, Section 3, Sub
section (ii) vide notification No. 1/2009-2014, dated the
27th August, 2009, as amended from time to time.”;
(ii) for clause (c), the following clause shall be
substituted, namely
“(c) “Nominated agencies” means,-
(1) Metals and Minerals Trading Corporation
Limited (MMTC);
(2) Handicraft and Handloom Export Corporation
(HHEC);
(3) State Trading Corporation (STC);
(4) Project and Equipment Corporation of India Ltd.
(PEC);
(5) STCL Ltd;
(6) MSTC Ltd;
(7) Diamond India Limited (DIL);
(8) Gems & Jewellery Export Promotion Council
(G&J EPC);
(9) a Star Trading House (only for Gems and
Jewellery sector) or a Premier Trading House
under paragraph 3.10.2 of Foreign Trade Policy;
and
(10) any other agency authorised by Reserve Bank
of India (RBI).”. |
| 2. |
41/99-Customs,dated 28th April,1999 [G.S.R. 289
(E), dated the 28th April, 1999] |
In the said notification, for the words, letters and
figures
“Handbook of Procedures Volume-I, the 1st September,
2004- 31st March, 2009, published by the Government of
India in the Ministry of Commerce and Industry vide Public
Notice No. 1/2004-09, dated the 31st August, 2004, as
amended from time to time”, the following words, letters and
figures shall be substituted, namely: -
“ ‘Handbook of Procedures (Volume-I)’ means Handbook of
Procedures (Volume-I) notified by the Government of India in
the Ministry of Commerce and Industry published in the
Gazette of India, Extraordinary, Part-I, Section-1 vide Public
Notice No. 1/2009-2014, dated the 27th August, 2009, as
amended from time to time,”; |
| 3. |
42/99-Customs,dated the 28th April, 1999
[G.S.R. 290(E), dated the 28th
April, 1999] |
In the said notification,-
(1) in the opening paragraph, for the words, letters and figures
“Gem Replenishment Licenses referred to in para 4.58 of
the HOP”, the words, letters and figures “Gem &
Jewellery Replenishment Authorization referred to in
Paragraph 4A.4 of the Handbook of Procedures (Volume-
I)” shall be substituted;
(2) in the Explanation ,-
(a) for clause (i), the following clause shall be substituted,
namely:-
“(i) ‘Foreign Trade Policy’ means Foreign Trade Policy,
2009 - 2014 notified by the Government of India in the
Ministry of Commerce and Industry published in the
Gazette of India, Extraordinary, Part-II, Section 3, Sub
section (ii) vide notification No. 1/2009-2014, dated the
27th August, 2009, as amended from time to time.”;
(b) for clause (ii), the following clause shall be substituted,
namely :-
“(ii) ‘Handbook of Procedures (Volume-I)’ means
Handbook of Procedures (Volume-I) notified by the
Government of India in the Ministry of Commerce and
Industry published in the Gazette of India,
Extraordinary, Part-I, Section-1 vide Public Notice No.
1/2009-2014 dated the 27th August, 2009, as amended
from time to time,”. |
| 4. |
56/2000-Customs dated the 5th May, 2000 [G.S.R. 399
(E), dated the 5th May, 2000] |
In the said notification, in the Explanation,-
(i) for clause (a), the following clause shall be substituted,
namely:-
“(a) ‘Foreign Trade Policy’ means Foreign Trade Policy,
2009 - 2014 notified by the Government of India in the
Ministry of Commerce and Industry published in the
Gazette of India, Extraordinary, Part-II, Section 3, Sub
section (ii) vide notification No. 1/2009-2014, dated the
27th August, 2009, as amended from time to time.”;
(ii) for clause (b), the following clause shall be substituted,
namely :-
“(b) ‘Handbook of Procedures (Volume-I)’ means
Handbook of Procedures (Volume-I) notified by the
Government of India in the Ministry of Commerce and
Industry published in the Gazette of India, Extraordinary,
Part-I, Section-1 vide Public Notice No. 1/2009-2014,
dated the 27th August, 2009, as amended from time to
time,”;
(iii) in clause (d), for the words and figures “paragraph 3.5.2
of the Foreign Trade Policy”, the words and figures
“paragraph 3.10.2 of Foreign Trade Policy” shall be
substituted. |
| 5. |
57/2000-Customs dated the 8th May,
2000, G.S.R. 413 (E), dated the 8th May, 2000 |
In the said notification,-
(1) in clause (a) of opening paragraph, for the words, letter
and figures “paragraph 4A.15”, the words, letter and
figures “paragraph 4A.14” shall be substituted;
(2) after the second proviso, the following proviso shall be
inserted, namely,-
“Provided also that the nominated agencies (except for
those authorized by RBI) shall follow the procedure and
fulfill the conditions as specified in the Policy circular
No. 77 (RE-2008)/2004-09 dated 31st March,.2009 as
amended from time to time, issued by Director General
of Foreign Trade.”;
(3) in the Explanation ,-
(i) for clause (a), the following clause shall be
substituted, namely:-
“(a) ‘Foreign Trade Policy’ means Foreign Trade Policy,
2009 - 2014, notified by the Government of India in the
Ministry of Commerce and Industry published in the
Gazette of India, Extraordinary, Part-II, Section 3, Sub
section (ii) vide notification No. 1/2009-2014, dated the
27th August, 2009, as amended from time to time.”;
(ii) for clause (b), the following clause shall be substituted,
namely :-
“(b) ‘Handbook of Procedures (Volume-I)’ means
Handbook of Procedures (Volume-I) notified by
the Government of India in the Ministry of Commerce
and Industry published in the Gazette of India,
Extraordinary, Part-I, Section-1 vide Public Notice No.
1/2009-2014, dated the 27th August, 2009, as amended
from time to time,”;
(iii) for clause (c), the following clause shall be substituted,
namely:-
“(c) “Nominated agencies” means,-
(1) Metals and Minerals Trading Corporation
Limited (MMTC);
(2) Handicraft and Handloom Export Corporation
(HHEC);
(3) State Trading Corporation (STC);
(4) Project and Equipment Corporation of India Ltd.
(PEC);
(5) STCL Ltd;
(6) MSTC Ltd;
(7) Diamond India Limited (DIL);
(8) Gems & Jewellery Export Promotion Council
(G&J EPC);
(9) a Star Trading House (only for Gems and
Jewellery sector) or a Premier Trading House
under paragraph 3.10.2 of Foreign Trade Policy;
and
(10) any other agency authorised by Reserve Bank
of India (RBI).”. |
| 6. |
60/2002-Customs,dated the 7th June,
2002 [G.S.R. 416 (E), dated the 7th June, 2002] |
In the said notification,-
(1) for clause (ii), the following clause shall be substituted,
namely:-
(ii) Gem Replenishment Authorization issued under, and in
accordance with, paragraph 4A.12 of the Foreign Trade
Policy”;
(2) for the Explanation, the following Explanation shall be
substituted, namely:-
“Explanation.- For the purpose of this notification,
‘Foreign Trade Policy’ means Foreign Trade Policy,
2009-2014 notified by the Government of India in the
Ministry of Commerce and Industry published in the
Gazette of India, Extraordinary, Part-II, Section 3, Sub
section (ii) vide notification No. 1/2009-2014, dated the
27th August, 2009, as amended from time to time.”. |
| 7. |
52/2003-Customs dated the 31st March,2003 [G.S.R. 274
(E),
dated the 31st March, 2003] |
In the said notification,-
(1) in the opening paragraph, in condition (6),-
(a) in clause (iv), for the letters and figures “US $
1,00,000/-“, the letters, figures and words “ US $ 1
million” shall be substituted.;
(b) in clause (v), the following proviso shall be inserted,
namely:-
“Provided that in case of exhibition in USA, the time
period for re-importing the jewellery shall be ninety
days;”;
(c) in clause (ix), for the letters, figures and words “No.
80/97-Customs, dated the 21st October 1997”, the
following letters, figures and words “No. 62/2004-
Customs dated 12th May 2004” shall be substituted;
(2) in paragraph (3), for the words, brackets, letters and
figures “or cleared to the holders of certificate from
Apparel Export Promotion Council and Council for
Leather Export for duty free import as referred to in
clause (e) of the paragraph 6.9 of the Foreign Trade
Policy, without payment of duty:”, the following
words, letters, figures and brackets “or cleared to
organizations which are entitled for duty free import of
such goods in terms of the following exemption
notifications-
1. No. 106/58-Customs dated the 29th March, 1958
2. No. 152/94-Customs dated the 13th July, 1994
3. No. 39/96-Customs dated the 23rd July, 1996
4. No. 50/96-Customs dated the 23rd July, 1996
5. No. 84/97-Customs dated the 11th November, 1997
issued by the Ministry of Finance in pursuance of clause (e) of
paragraph 6.9 of the Foreign Trade Policy, without payment
of duty:” shall be substituted;
(3) in the paragraph (5),-
(a) for the first proviso, the following proviso shall be
substituted, namely:-
“Provided that where silver or gold is imported on
behalf of the said unit engaged in manufacture and
export of gem and jewellery by the nominated agencies,
the exemption shall apply only if-
(a) the procedure as may be specified by the said officer
is followed by such a unit;
(b) the conditions stipulated in the opening paragraph
are complied with by such a unit; and
(c) the procedure and the conditions as specified in the
Policy circular No. 77 (RE-2008)/2004-09 dated the
31st March, 2009 as amended from time to time,
issued by Director General of Foreign Trade are
followed by the nominated agencies (except for
those authorized by RBI and the Gems and Jewellery
units operating under EOU and SEZ schemes):”;
(b) in the second proviso, for the letters, figures and words
“No. 80/97-Customs, dated the 21st October 1997”, the
following letters, figures and words “No. 62/2004-
Customs dated 12th May 2004” shall be substituted;
(4) in paragraph (10),-
(a) after clause (ii), the following clause shall be inserted,
namely:-
“(iii) the exemption contained herein shall also apply to
goods which are relatable to the articles manufactured
by the unit for consolidation into sets alongwith such
articles and export thereof ( for example, cuff-links
imported for exports alongwith shirts manufactured by
the unit or a brush imported for packaging with the
hair dye manufactured and exported by the unit, etc.),
subject to the following conditions, namely:-
(a) no such exemption shall apply to gems and
jewellery units;
(b) the value of goods eligible for exemption
shall not exceed 5% of the FOB value of such
manufactured articles exported by the unit in the
preceding financial year;
(c) the list of goods to be imported under this
clause shall be approved by the Board of
Approval and the unit shall fulfill such
conditions as may be specified by the Board of
Approval in this behalf; and
(d) the goods imported and articles manufactured
by the unit shall be listed out separately in the
export documents:”;
(b) for the proviso, the following proviso shall be
substituted, namely:-
“Provided that the export value of such spares,
components, promotional material and goods imported
for consolidation shall not be taken into consideration
for fulfillment of Net Foreign Exchange Earnings
(NFE) and for availing Domestic Sale Entitlement as
specified in paragraph 6.8 of the Foreign Trade Policy.
The goods imported for consolidation shall not be
allowed to be sold in Domestic Tariff Area.”;
(5) in the Explanation occurring after paragraph 13,-
(a) for the clause (iii), the following clause shall be
substituted, namely:-
“(iii) ‘Foreign Trade Policy’ means Foreign Trade
Policy, 2009 – 2014 notified by the Government of
India in the Ministry of Commerce and Industry
published in the Gazette of India, Extraordinary, Part-
II, Section 3, Sub section (ii) vide notification No.
1/2009-2014, dated the 27th August, 2009, as
amended from time to time.”;
(b) for clause (vi), the following clause shall be substituted,
namely :-
“(vi) ‘Handbook of Procedures (Volume-I)’ means
Handbook of Procedures (Volume-I) notified by the
Government of India in the Ministry of Commerce and
Industry published in the Gazette of India,
Extraordinary, Part-I, Section-1 vide Public Notice No.
1/2009-2014, dated the 27th August, 2009, as
amended from time to time,”;
(c) for clause (viii), the following clause shall be
substituted, namely:-
“(viii) “Nominated agencies” means,-
(1) Metals and Minerals Trading Corporation
limited (MMTC);
(2) Handicraft and Handloom Export
Corporation (HHEC);
(3) State Trading Corporation (STC);
(4) Project and Equipment Corporation of
India Ltd (PEC);
(5) STCL Ltd;
(6) MSTC Ltd;
(7) Diamond India Limited (DIL);
(8) Gems & Jewellery Export Promotion
Council (G&J EPC);
(9) a Star Trading House (only for Gems and
Jewellery sector) or a Premier Trading
House under paragraph 3.10.2 of Foreign
Trade Policy; and
(10) any other agency authorised by Reserve
Bank of India (RBI).”;
(d) in clause (xi), for the words and figures “Paragraph
3.5.2 of the Foreign Trade Policy”, the words and
figures “Paragraph 3.10.2 of Foreign Trade Policy” shall be
substituted.;
(e) in clause (xii), for the word and figures “Para 6.10.1”,
the word and figures “Para 6.9.1” shall be substituted.;
(6) in ANNEXURE-I, in Serial number 15A and the entries
relating thereto, the following serial number and entries shall
be substituted, namely:-
“15A. Goods re-imported within sixty days of close of
exhibition for which these goods were exported. In
case of exhibition in USA, the time period shall be
ninety days.”. |
[F.No: DGEP/FTP/62/2009-EOU & G & J]
(Navraj Goyal)
Under Secretary to the Government of India
Note:-
1. The principal notification No. 94/96-Cus dated the 16th December, 1996 was
published in
the Gazette of India Extraordinary, Part II, Section 3 (i) vide G.S.R. No. 569
(E), dated
the 16th December, 1996 and was last amended by notification No.
84/2007-Customs,
dated the 6th July, 2007 published vide G.S.R. 473 (E), dated the 6th July,
2007;
2. The principal notification No. 41/1999-Customs, dated the 28th April, 1999
was published
in the Gazette of India Extraordinary, Part II, Section 3 (i) vide G.S.R.289
(E), dated the
28th April, 1999 and was last amended by amended by notification No. 76/2007-
Customs, dated the 6th June, 2007 published vide G.S.R. 417 (E), dated the 6th
June, 2007;
3. Notification No. 42/99-Customs dated the 28th April, 1999 was published vide
G.S.R.
290(E), dated the 28th April, 1999 and was last amended by notification No.
87/2004-
Customs dated the 6th September, 2004 published vide G.S.R. 566 (E), dated the
6th
September, 2004;
4. The principal notification No. 56/2000-Customs, dated the 5th May, 2000 was
published
in the Gazette of India Extraordinary, Part II, Section 3 (i) vide G.S.R 399
(E), dated the
5th May, 2000 and last amended by notification No. 84/2007-Customs, dated the
6th July,
2007 published vide G.S.R. 473 (E), dated the 6th July, 2007;
5. The principal notification No. 57/2000-Customs, dated the 8th May, 2000 was
published
in the Gazette of India Extraordinary, Part II, Section 3 (i) vide G.S.R 413
(E), dated the
8th May, 2000 and last amended by notification No. 84/2007-Customs, dated the
6th July,
2007 published vide G.S.R. 473 (E), dated the 6th July, 2007;
6. The principal notification No. 60/2002-Customs, dated the 7th June, 2002 was
published
vide G.S.R. 416 (E), dated the 7th June, 2002 and was last amended by
notification No.
87/2004-Customs dated the 6th September, 2004 published vide G.S.R. 566 (E),
dated
the 6th September, 2004;
7. The principal notification No. 52/2003-Customs, dated the 31st March, 2003
was
published in the Gazette of India Extraordinary, Part II, Section 3 (i) vide
G.S.R 274 (E),
dated the 31st March, 2003 and last amended by notification No. 18/2009-Customs,
dated
the 23rd February, 2009 published vide G.S.R. 109 (E), dated the 23rd February,
2009.
|