Notification No. 107/1995, Dated 2nd June 1995

Notification No. 107/95-Cus., dated 2-6-1995

Special Value Based Advance Licence - for export 
of readymade garments under Scheme B - Imports

            In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts materials imported against a Special Value Based Advance Licence (hereinafter referred to as the said licence) for the export of readymade garments (other than leather garments) issued under Scheme B as contained in Appendix XXIIA of the Handbook of Procedure, Vol. 11st April, 1992 - 31st March, 1997 - (Revised Edition. April, 1995), published in terms of paragraph 53 of the Export and Import Policy by the Government of India in the Ministry of Commerce vide Public Notice No. 292/ (PN) / 92-97, dated the 30th April, 1995, from the whole of the duty of Customs leviable thereon which is specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) and from the whole of the additional duty leviable thereon under section 3 of the said Customs Tariff Act, subject to the following conditions, namely .

        (1) Materials imported are covered by a Value Based Duty Exemption Entitlement Certificate (hereinafter referred to as the said certificate) issued by the Licensing authority in the form specified in the Schedule annexed to this notification.

        (2) The importer has received an export order for export of readymade garments for which the foreign buyer has opened an irrevocable Letter of Credit in freely convertible currency in favour of the importer and the importer has in turn also opened an overseas Letter of Credit (hereinafter referred to as the overseas Letter of Credit) for import of materials for a value not exceeding 67% of the value of the irrevocable Letter of Credit opened by the foreign buyer.

        (3) The importer at the time of clearance, -

            (a) produces the said licence, certificate, and the overseas Letter of Credit for debit by proper officer of Customs;

            (b)   Omitted.

            (c) executes a bond with such surety or security and in such form and for such sum as may be specified by the Assistant Commissioner of Customs or Deputy Commissioner of Customs binding himself to pay on demand, an amount equal to the duty leviable on the imported materials but for the exemption contained herein in respect of which the conditions specified in this notification have not been complied with together with interest at the rate of 24% per annum from the date of clearance of the materials.

        (4) That the materials imported are utilized only for the manufacture and export of goods for which irrevocable Letter of Credit has been opened in favour of importer by the foreign buyer and no part of such materials shall be disposed of or utilized in any other manner.

        (5) That the export obligation is discharged within the period specified in the said certificate or within such extended period as may be granted by the Licensing authority by exporting goods manufactured with the use of materials imported in terms of this notification and the importer produces the said certificate together with evidence of discharge of export obligation to the satisfaction of the Assistant Commissioner of Customs or Deputy Commissioner of Customs within a period of thirty days of the expiry of period allowed for fulfillment of export obligation or within such extended period as the said Assistant Commissioner of Customs or Deputy Commissioner of Customs may allow.

        (6) That the imports and exports are undertaken through the same port, airport or inland container depot which shall be one of the sea ports at Bombay, Calcutta, Cochin, Kandia, Mangalore, Marmagao, Madras, Nhava Sheva, Paradeep, Tuticorin and Visakhapatnam or the airports at Ahmedabad, Bangalore, Bombay, Calcutta, Coimbatore, Delhi, Hyderabad, Jaipur, Madras, Srinagar, Trivandrum and Varanasi or inland container depots at Bangalore, Coimbatore/ Delhi, Gauhati, Hyderabad, Kanpur, Ludhiana, Moradabad, Pimpri (Pune) and Pitampur (Indore):

        Provided that the Commissioner of Customs may by special order and 
subject to such conditions as may be specified by him, permit import and export through any other sea port, airport or Inland Container Depot or through a land customs station;

        Explanation. - In this notification -

        (i) "Export and Import Policy" means Export and Import Policy, 1 April, 1992 - 31 March, 1997 (Revised Edition. March, 1995) published vide notification of Government of India in the Minis