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VBAL - Endorsement in sensitive list
Circular No. 31 dated 30th March 1995
Instances have been brought to the notice of the Board where
exporters are facing difficulties in clearing their imported goods on account of
objections being raised by the custom Houses with regard to endorsement of
quantities/ value in the Sensitive Lists. In this regard the position is
clarified as under: -
(a) Where non-sensitive items have been
imported by the Licence holders/ transferees, there is no need to direct them to obtain any endorsement of the quantity or other details
for sensitive items so long as such sensitive items are not being imported. In
other words if the value restriction with reference to the items appearing in
the Sensitive List is known, only the balance value should be taken for import of
non-sensitive items. Where, however, the importer does not import any of the sensitive items but desires to import only
non-sensitive items to the full value of the Licence, there should be no objection for such clearances if the sensitive goods
are under List-I, or List-II i.e. with quantity or value restriction.
(b) But in respect of sensitive goods endorsed on
the Licence and falling in Part III of the Sensitive List with both quantity andvalue restrictions, the value of such
goods in the sensitive goods should be excluded from the general flexibility
allowed under the Scheme. This is amplified in the Head Note at page 733 of
Handbook (Volume II), which reads as under: -
"In respect of the following items, Licence shall
be issued with both value and quantity as limiting factor and the individual CIF
value for imports of these items shall not be utilised for import of other items
permitted in the Licence".
(c) In respect of electronic
items, restrictions relating to sensitive goods will stand modified to the
extent indicated at page 342 of the Handbook of
Procedures (Volume II) dealing with general Note for electronics in respect of
entries covered by Sr. No. 179 to 224 of the export goods.
2. The above position
has been clarified in Member (Cus+EP)'s telex F.No. 605/1/95- DBK dated 24.3.95
addressed to Shri S.K. Bhardwaj, Collector of Customs, Bombay and to all
Collectors of Customs.
3.
Based on the above guidelines, please issue recovery instructions and
ensure immediate clearance of all Bills of Entries pending. In case of any doubt
on any of the DEEC import, Collectors should contact either Member (Customs +
EP) or Commissioner (Drawback) on Telephone followed by Fax on the doubts for
issuing clarifications.
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