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Circular
No. 31/95-Cus.
dated 30/3/95
F.No. 605/1/95- DBK
Government of India
Ministry of Finance
Department of Revenue,
New Delhi
Subject : VBAL - Endorsement
in sensitive List
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 and value
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.
Sd /-
K.D. Tayal
Commissioner
(Drawback)