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Clarification regarding imports by airlines crew
Circular No. 73 dated 26th June
1995
I am directed to
invite your attention to Ministry's circular of even number dated 25.8.94
raising the free allowance of operating airlines crew members from Rs. 30 /- to
Rs. 300/- and to say that it is very clearly mentioned in that circular that
this free allowance is meant for bringing petty gifts like chocolates, cheese,
cosmetic etc. for their personal or family use.
2. It
has come to the notice of three Board that at some airports, airlines crew are
being allowed to bring in costly gadgets like air conditioners, refrigerators,
music system etc. on payment of Baggage Duty @ 80% ad valorem under
Notification No. 136/90-Cus. (As amended) read with heading 98.03 of the First
Schedule of the CTA, 1975. It is, however, observed by the Board that there is
no ITC provision permitting operating airlines crew to import such consumer
goods. As consumer goods are in the Negative List of Imports, the same cannot be
imported without an import licence, except where such imports have been
permitted specifically under the Exim Policy in force or under Public Notice/
Order issued by the DGFT.
3. As
far as the passengers are concerned, so long as the goods brought by them are
bona fide baggage, the same are exempt from ITC restrictions in view of para 34A
of the current Exim Policy. But there is not such exemption for the members of
the crew and members of the crew are not passengers. The Baggage Rules, 1994
also do not apply to them except Rule 18, which is applicable only to sea crew
for importation of their baggage at the time of final pay off on termination of
their engagement.
4. In
view of the above position, the Board is of the view that such imports by the
operating airlines crew are unauthorised and such goods are liable to
confiscation under Section 111(d) of the Customs Act, 1962. You may issue
suitable instructions to all concerned under your jurisdiction. The Airlines
Management may be informed in writing suitably to advice their crew members of
this position.
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