Foreign Trade Procedures 2008-2009 - Directorate General of ...
Foreign Trade Procedures 2008-2009 - Directorate General of ... Foreign Trade Procedures 2008-2009 - Directorate General of ...
subject to condition that they obtain an Industrial licence underthe Industries (Development and Regulation) Act, 1951, withexport obligation as may be specified.Such licensee is required to furnish a LUT to RA and DGFT inthis regard. DGFT / RA concerned shall monitor export obligation.Warehousing Facility 2.19 Public / Private Customs Bonded Warehouses may be set up inDTA as per Chapter-IX of Customs Act, 1962, to import itemsin terms of paragraph 2.28 of FTP.On receipt of goods, such warehouses shall keep these goods forone year without payment of applicable customs duties. Goodscan be cleared against Bill of Entry for home consumption, onpayment of applicable custom duty and on submission ofAuthorisation wherever required, after an order for clearance ofsuch goods for home consumption is issued by competent customsauthorities.In case of clearance against duty free categories / concessionalduty categories, exemption / concession from duty shall be,allowed.In case of clearance against DEPB and other duty credit scripscustoms duty on imports may be adjusted.Goods can be re-exported without payment of customs dutyprovided (i) a shipping bill or a bill of export is presented in respectof such goods; and (ii) order for export of such goods has beenmade by competent customs authorities.Execution of Bank 2.20 Before clearance of goods through Customs, Authorisation holderGuarantee / Legalshall execute a BG / LUT with customs authorities.Undertaking for AdvanceAuthorisation / DFIA andIn such cases, RA shall endorse the following condition on theEPCG Authorisationlicence/Authorisation:“BG / LUT as applicable, to be executed with concerned CustomsAuthorities.”In case of indigenous sourcing, Authorisation holder shall furnishBG / LUT to RA as per Customs Circular No.58/2004 dated31.10.04.Corporate Guarantee 2.20.1 A status holder or a PSU may also submit Corporate Guaranteein lieu of Bank Guarantee/LUT in terms of the provisions of relevantCustoms Circular in this regard. In case of a group company, ifone company of a Group is a status holder, Corporate Guaranteemay be given for another company by this company, which is nota status holder.20
Certificate of Origin 2.21 Certificate of Origin (CoO) is an instrument to establish evidence(CoO)on origin of goods imported into any country. There are twocategories of CoO viz. (1) Preferential and (2) Non preferential.Preferential 2.21.1 Preferential arrangement / schemes under which India is receivingtariff preferences for its exports are Generalised System ofPreferences (GSP), Global System Of Trade Preferences (GSTP),SAARC Preferential Trading Agreement (SAPTA), Asia-PacificTrade Agreement (APTA), India–Sri Lanka Free Trade Agreement(ISLFTA) and Indo- Thailand Free Trade Agreement. Thesearrangements / agreements prescribe Rules of Origin which haveto be met for exports to be eligible for tariff preference.Authorised agencies shall provide services relating to issue of CoO,including details regarding rules of origin, list of items covered byan agreement, extent of tariff preference, verification andcertification of eligibility. Export Inspection Council (EIC) is agencyauthorised to print blank certificates. Authorised agencies maycharge a fee, as approved by DoC, for services rendered.Generalised System of (a) GSP is a non-contractual instrument by which industrializedPreferences (GSP)(developed) countries unilaterally and based on nonreciprocityextend tariff concessions to developingcountries. Following countries extend tariff preferencesunder their GSP Scheme:(i) United States (ii) New (iii) Belarusof America, Zealand(iv) European (v) Japan (vi) RussiaUnion(vii) Canada, (viii)Norway (ix) Australia(only to LDCs)(x) Switzerland(xi) BulgariaGSP schemes of these countries detail sectors / products andtariff lines under which benefits are available, including conditionsand procedures governing benefits. These schemes are renewedand modified from time to time. Normally Customs of GSP offeringcountries require information in Form ‘A’ (prescribed for GSPRules Of Origin) duly filled by exporters of beneficiary countriesand certified by authorised agencies. List of agencies authorisedto issue GSP CoO is given in Appendix-4A.Global System of (b) Under agreement establishing GSTP, tariff concessions areTrade Preference exchanged among developing countries, who have signed(GSTP)agreement. Presently, 46 countries are members of GSTPand India has exchanged tariff concessions with 1221
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- Page 49 and 50: of exports shall be determined in t
- Page 51 and 52: 3.21.2 Deleted.Eligibility of Focus
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subject to condition that they obtain an Industrial licence underthe Industries (Development and Regulation) Act, 1951, withexport obligation as may be specified.Such licensee is required to furnish a LUT to RA and DGFT inthis regard. DGFT / RA concerned shall monitor export obligation.Warehousing Facility 2.19 Public / Private Customs Bonded Warehouses may be set up inDTA as per Chapter-IX <strong>of</strong> Customs Act, 1962, to import itemsin terms <strong>of</strong> paragraph 2.28 <strong>of</strong> FTP.On receipt <strong>of</strong> goods, such warehouses shall keep these goods forone year without payment <strong>of</strong> applicable customs duties. Goodscan be cleared against Bill <strong>of</strong> Entry for home consumption, onpayment <strong>of</strong> applicable custom duty and on submission <strong>of</strong>Authorisation wherever required, after an order for clearance <strong>of</strong>such goods for home consumption is issued by competent customsauthorities.In case <strong>of</strong> clearance against duty free categories / concessionalduty categories, exemption / concession from duty shall be,allowed.In case <strong>of</strong> clearance against DEPB and other duty credit scripscustoms duty on imports may be adjusted.Goods can be re-exported without payment <strong>of</strong> customs dutyprovided (i) a shipping bill or a bill <strong>of</strong> export is presented in respect<strong>of</strong> such goods; and (ii) order for export <strong>of</strong> such goods has beenmade by competent customs authorities.Execution <strong>of</strong> Bank 2.20 Before clearance <strong>of</strong> goods through Customs, Authorisation holderGuarantee / Legalshall execute a BG / LUT with customs authorities.Undertaking for AdvanceAuthorisation / DFIA andIn such cases, RA shall endorse the following condition on theEPCG Authorisationlicence/Authorisation:“BG / LUT as applicable, to be executed with concerned CustomsAuthorities.”In case <strong>of</strong> indigenous sourcing, Authorisation holder shall furnishBG / LUT to RA as per Customs Circular No.58/2004 dated31.10.04.Corporate Guarantee 2.20.1 A status holder or a PSU may also submit Corporate Guaranteein lieu <strong>of</strong> Bank Guarantee/LUT in terms <strong>of</strong> the provisions <strong>of</strong> relevantCustoms Circular in this regard. In case <strong>of</strong> a group company, ifone company <strong>of</strong> a Group is a status holder, Corporate Guaranteemay be given for another company by this company, which is nota status holder.20
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