Circular No. 97 dated 14^th September 1995

After considering various representations received from Export Promotion Councils and exports in general. Board has decided to make, the following further relaxation in the norms fixed earlier in Circular no. 52/ 95 dated 25.5.95 for execution of Bond/ Bank Guarantees:

(i)      Under DEEC Scheme: "Export House" (both large and SSI type) may be permitted to clear their imported materials under DEEC Scheme against a Bond without execution of Bank Guarantee. Thus, "Export Houses" will now be treated at par with Trading Houses, Star Trading Houses, Super Star Trading and Trading Houses mentioned in Clause (a) of Para 3.1 of Board's Circular No. 52/95 dated25.5.95 and extended the same facility as was allowed earlier under Para 3.1 and Para 3.2 to the category of importers.According, the term "Export Houses" is hereby deleted from clause (b) of circular No.

(ii)     Under EPCG Scheme:

(a)     Under the 15% EPCG Scheme for Capital Goods imported under Notification No.110/95, "Export Houses" may be allowed clearance of Capital Goods against a Bond without Bank Guarantee unless a Bank Guarantee is specifically prescribed in aparticular case by the Committee of Secretaries/ EPCG Committee. Hence Star TradingHouses, super Star Trading Houses, and "Export Houses" will also now be treated atpar with Trading Houses and Public Sector Undertakings, which are exempted from Bank Guarantee under Para 4.1 of Board's Circular No. 52/95. EPCGimports 'Service Provider' would be subject to 50% Bank Guarantee under Category 'B'

(b)     Under the Zero-Duty EPCG Scheme i.e. Exemption Notification No. 111/ 95 dated 5.6.1995, the facility of exemption from execution of Bank Guarantee and clearance ofCapital Goods on execution of a Bond without Bank Guarantee may be extended only toSuper Star Trading Houses, star Trading Houses and Trading Houses. However, "ExportHouses" may be allowed clearance on execution of a Bond for the difference between the duty leviable on goods on merits and the duty actually paid on importation,with aBank Guarantee for 25% of the duty saved instead of 50% Bank guarantee. Where theCommittee of Secretaries/ EPCG Committee prescribes a higher minimum BankGuarantee in a particular case, the said minimum stipulated Bank Guarantee shall be taken by the Custom House.

2.      Your attention is invited to the clarifications already issued to all Commissioner of Customs, All Chief Commissioners of Customs and Central Excise vide Board's Telex F.No.605/75/95-DBK date 25.8.95 (copy enclosed). These clarifications will continue to remain in force for clearance of Capital Goods by holders of EPCG Licences both under 15% and Zero-Duty Exemption Notification.