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OFFICE OF THE
COMMISSIONER OF CUSTOMS, |
PUBLIC NOTICE NO.135/2001-GR.7
Sub: Procedure of execution of Bond and Bank Guarantee under the Advance Licences – reg.
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Attention of
all Importers, Exporters, CHAs and
all other concerned is invited to the Advance Licences issued on or
after 01.04.1995 in terms of the Notifications issued in this behalf consequent to the revised edition of EXIM Policy.
2. Attention
of the trade is specifically invited to Boards Circular No.45/96-Cus, dated
28.8.1996 which has given a revised norms for execution of Bond and Bank
Guarantee under the DEEC Scheme. Bond
under DEEC Scheme should cover the duty
ordinarily leviable on the goods but for the exemption (i.e.basic duty and
additional duty leviable on the goods on merits minus additional duty actually
paid). For example, if basic duty on
the imported goods is 50% and additional duty is 20%, the effective duty
recoverable on imports shall be 50%
plus 20% on 50% i.e. 80% of assessable
value. Since additional duty will
actually be recoverable only at the rate of 20% of assessable value (basic
Customs duty being exempt), the bond to be executed shall be for the difference
between 80% and 20% i.e.60% of the assessable value. Surety with the Bond should be in the form of Bank Guarantee.
The
following norms have been fixed for quantum of Bank Guarantee for different
categories of importers:
|
|
Category of Importers |
Quantum of Bank
Guarantee |
|
(a) |
Super Star Trading House,
Star Trading House, Trading House,
Export House and Public Sector Undertaking |
Nil |
|
(b) |
Manufacturer-Exporter other than At (a) above |
25% |
|
(c) |
Others |
100% of
duty saved |
3. It
is noticed that this Custom House so far has been accepting Bond and Bank
Guarantee for each consignmentwise.
This practice has created lot of administrative inconvenience. To facilitate speedy clearance of imported
materials under DEEC Scheme it has been decided that the Bond and Bank
Guarantees should be executed and submitted by the importers, exporters, etc at
the time of registration of Advance Licences.
There shall be One Bond backed by appropriate bank guarantees for
each Advance Licence registered in the Custom House. Therefore at the time of registration, the
quantum of Bond and amount of Bank Guarantee should cover total imports against
the relevant Advance Licences. The
amount of Bond and Bank Guarantee shall be arrived at by following the
procedure prescribed in para 2 above.
In respect of licences issued for Silk, the existing practice of taking
50% Bank Guarantee from manufacturer exporter will continue.
4. In
respect of Advance Licences which are
already registered and against which
requisite bonds and bank guarantees have
been executed piece meal, bonds
and bank guarantees for such licences should be calculated for the entire licence after giving due
adjustment for the amount of Bond &
Bank Guarantee already executed before the next import is made in the subject
licence.
This
Public Notice shall be operative with immediate effect.
Sd/-(10.07.2001)
(JOSEPH DOMINIC)
Group-7,
Custom House,
Chennai-1
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