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Circular
No. 97/95-Cus.
dated 14/9/95
F.No. 605/75/95 -
DBK
Government of India
Ministry of Finance
Department of Revenue, New
Delhi
Subject: Amendment
in Circular No. 52/95 allowing relaxation of norms fixed by Board for execution
of Bank Guarantee.
After considering various representations received from Export Promotion
Councils and exports in general. Board has decided to make, the following
further relaxation in the norms fixed earlier in Circular no. 52/ 95 dated
25.5.95 for execution of Bond / Bank Guarantees;
"Export House" (both large
and SSI type) may be permitted to clear their imported materials under
DEEC Scheme against a Bond without execution of Bank Guarantee. Thus, "ExportHouses"
will now be treated at par with Trading Houses, Star Trading Houses, Super
Star Tradingand Trading Houses mentioned in Clause (a) of Para 3.1 of Board's
Circular No. 52/95 dated25.5.95 and extended the same facility as was allowed
earlier under Para 3.1 and Para 3.2 to thecategory of importers.
According , the term "Export
Houses" is hereby deleted from clause(b) of circular No.
(ii) Under
EPCG Scheme
(a) Under
the 15% EPCG Scheme for Capital Goods imported under Notification No.110/95,
"Export Houses" may be allowed clearance of Capital Goods against a Bond
without Bank Guarantee unless a Bank Guarantee is specifically prescribed
in a particular
case by the Committee of Secretaries/ EPCG Committee. Hence StarTrading
Houses, super Star Trading Houses,
and "Export Houses" will also now betreated at par
with Trading Houses and Public Sector Undertakings, which areexempted fromBank
Guarantee under Para 4.1 of Board's Circular No. 52/95. EPCG
imports 'Service Provider' would
be subject to 50% Bank Guarantee under Category 'B'
(b) Under
the Zero-Duty EPCG Scheme i.e. Exemption Notification No. 111/ 95 dated
5.6.1995, the facility of exemption from execution of Bank Guarantee and
clearance of Capital
Goods on execution of a Bond without Bank Guarantee may be extended onlyto
Super Star Trading Houses, star
Trading Houses and Trading Houses. However,"Export Houses"
may be allowed clearance on execution of a Bond for the difference betweenthe
duty leviable on goods on mertis and the duty actually paid on importation,
with a Bank
Guarantee for 25% of the duty saved instead of 50% Bank guarantee.Where
the Committee
of Secretaries / EPCG Committee prescribes a higher minimumBank
Guarantee in a particular case,
the said minimum stipulated Bank Guaranteeshall be taken by the Custom
House.
2. Your attention
is invited to the clarifications already issued to all Commissioner of
Customs, All Chief Commissioners of Customs and Central Excise vide Board's
Telex F.No.605/75/95-DBK date 25.8.95 (copy enclosed). These clarifications
will continue to remain in force for clearance of Capital Goods by holders
of EPCG Licences both under 15% and Zero-Duty Exemption Notification.
Sd/-
(Sunil Kumar)
Director (Drawback)