| Date: |
10-11-1998
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| Notification No: |
Customs Circular No 84/1998
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| Issuing Authority: |
Indian Customs
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| Type: |
Circular
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| File No: |
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| Subject: |
Re-export of the diamond consignment from the private bonded warehouses in Export Processing Zone
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Re-export of the diamond consignment from the private bonded warehouses
in Export Processing Zone
Circular No. 84dated 10th
November 1998
It has been reported by the Commissioner of Customs,
Ahmedabad that Private Bonded Warehouses (PBW) are set up under Para 9. 21 of
the Exim Policy as per the permission given by the concerned Development
Commissioner and the Board of Approval. The PBW was allowed to import rough
diamonds and sale it in the DTA against the REP Licences, NAW, the RBW intended
to re-export a part of its unsold rough diamond. The Commissionerate further
brought out that as per Para 9. 12 of the Exim Policy re-export of the imports
made by PBW are permitted only for activities such as repacking and
labelling. In the instant case the PBW intended to re-export the imported rough
diamonds as such. Therefore, the re-export is not permissible under Para 9.12 of
the Exim Policy. The concerned Development Commissioner has permitted the PBW to
re-export the goods under Para 9.18 of the Exim Policy, which refers to EOU/
EPZ/ EHTP/ STP unit and not the PBWs.
2. The issue had
been examined by the Board. It is noticed that Para 8. 13 of the Exim Policy (as
amended upto 13th April, 1998) provides inter alia import and re-export of rough
diamonds from Private/ Public Bonded Warehouses in EPZ/ DTA, notwithstanding,
anything contained in Para 9.12 of the Exim Policy.
3. Notwithstanding,
the provisions of Para 8. 13 of the Exim Policy, the bonded warehouses whether
they are in the ICD/ EPZ or DTA are licensed under Section 58 of the Customs
Act, 1962 and operating under Chapter-IX of the Customs Act. Section 69 provides
specifically that the warehoused goods, may be exported to place outside India
without payment of import duty on submission of a shipping bill etc. It is,
therefore, decided that the goods imported by and into the private bonded
warehouses in the zones may be allowed to be re-exported under above provisions
subject to the condition that the Development Commissioner or the Board of
Approval had permitted such re-export.
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