Circular No. 33/2009-Cus dated 27.11.2009
Introduction of new entries in the Drawback Schedule and clarification on
certain issues-reg.
The Ministry has issued notification No. 175/2009 Customs (NT) dated 27th
November, 2009 introducing the following new entries in the present Drawback
Schedule:-
a) Gold and silver jewellery (711301 & 711302);
b) Rounder’s bat, wooden (sports goods) (95069963);
c) Bells, gongs, statuettes, ornaments, picture frames etc of Aluminium and Iron
& steel (830603 & 830604);
d) Leather Safety Footwear with protective metal toe (640311);
e) Jars, perfume bottles, candle plate/ coasters, votive, lotion bottle/soap
dish, ornamental spheres/ stars/ bells made of glass (70139991);
f) Lanterns/ lamps predominantly of glass (940506).
2. The notification is available at CBEC website www.cbec.gov.in and may please
be perused for details. The drawback rates and caps on other items remain
unchanged. Thus, the drawback schedule which was announced vide notification NO.
103/2008-Cus (NT) dated 29th August, 2008 as amended shall continue to be in
operation until a revised schedule is notified.
3. The drawback rates provided for gold & silver jewellery will only be
applicable for exports made through the ports /custom houses as specified in
para 4A.12 of the Hand Book of Procedures (vol.1), 2004-2009 after examination
by the jewellery expert appraisers/superintendents to ascertain the quality of
gold/silver and the quantum of gold/silver in the exported items. It may be
noted that the drawback rate provided for gold & silver jewellery is a specific
rate in terms of rupees per unit weight of net content of gold/silver in the
jewellery. The drawback rates for gold & silver jewellery are equal to the
prevalent import duty on gold/silver.
4. The drawback rates provided for gold & silver jewellery and parts thereof
shall not be applicable to goods manufactured or exported in discharge of export
obligation against any scheme of the relevant Export and Import Policy or the
Foreign Trade Policy of the Government of India which provides for duty free
import/replenishment/procurement from local sources of gold/silver.
5. It is requested that the export of gold and silver jewellery and parts
thereof, which are high value items and for which a drawback entry is being
introduced for the first time, may be closely monitored. A monthly report
indicating the quantum of such exports and drawback availed may be sent to the
board for the next six months beginning December 2009 and upto May 2010.
6. The drawback rates provided for bells, gongs, statuettes, ornaments, picture
frames etc of Aluminium and Iron & steel; Jars, perfume bottles, candle plate/
coasters, votive, lotion bottle/soap dish, ornamental spheres/ stars/ bells made
of glass; and Lanterns/ lamps made predominantly of glass are the same as the
drawback rates presently applicable to artware/handicraft items made of the
respective constituent material. The new entries have been created with a view
to minimise disputes in classification of artware/handicraft items.
7. It may be seen that lamps made of brass, copper, iron and aluminium are
already covered under tariff items 940502, 940503, 940504 & 940505 respectively
of the drawback schedule. These tariff items may also be taken to include
lanterns made of the respective constituent material and the criteria of
predominance of constituent material which has been incorporated in the tariff
item 940506 (Lanterns/ lamps made predominantly of glass) may be adopted for
classification of items in these tariff items also.
8. Representations have been received from FIEO, the Indian Silk Export
Promotion Council and others that embroidered silk fabric should be extended the
same drawback rate as plain silk fabric. Silk fabric with embroidery is being
classified under heading 5810 of the drawback schedule at some ports. The
drawback rate applicable on embroidery under heading 5810 of the drawback
schedule is at 5.7% with cap of Rs. 25.2/kg. On the other hand, the drawback
rate for silk fabric falling under heading 500701 of the drawback schedule is
9.8% with cap of Rs. 295/kg. The issue has been examined by the Board. The
drawback rates for heading 5007 were based on the understanding that silk
fabrics, whether plain or embroidered, would be classified under this heading.
It is therefore clarified that till a new drawback schedule is notified, silk
fabrics with/without embroidery may be extended the same rate as prescribed
against the applicable sub headings under heading 5007 of the drawback schedule.
Past cases, if any, pending on this score may be settled accordingly.
9. A suitable Public Notice and Standing Order may be issued for the guidance of
the trade and staff. Difficulties faced, if any, in implementation of the
Circular may be brought to the notice of the Board at an early date.
Receipt of the Circular may kindly be acknowledged.
F.No.609/67/2009-DBKYours faithfully,
(PRAMOD KUMAR)
TECHNICAL OFFICER (DBK)
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