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Circular No. 39/98-Customs
dated 26/5/1998
F.No. 305/92/97- FTT
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs, New Delhi
Subject :    Import of Bold, Silver and Platinum by the Nominate Agencies under various gold, silver and platinum jewellery Export Promotion Schemes. - regarding.

        Please refer to this office letter of even no. dated 20.4.98 prescribing procedure for import of gold/ silver and platinum jewellery Export Promotion Scheme.

2.    In para (ix) of the Circular No. 24/98-Cus dated 20.4.98, it is mentioned that the exporters intending to receive gold from the nominated agencies, will register themselves with their jurisdictional Assistant Commissioner who will issue them a one- time certificate specifying therein the details of their units, such as name and address of the company and the Chief of the organisation and that the certificate has to be produced to the Nominated Agencies while taking goods.

3.    Doubts have been raised -

    (i)    as to whether the importer intending to receive gold only are to be registered with the; jurisdictional Asstt. Commissioner and,

    (ii)    Whether the exporter will register themselves with the jurisdictional Asstt. Commissioner of Central Excise of the Asstt. Commissioner of Customs in the Customs House itself.

4.    The issue has been examined and it is noticed that the purpose of this requirement was only to ascertain that the exporter is actually in the trade and he has a place of business so that if at any time any penalty is imposed, he can be contacted and penalty can be collected. All exporters are required to register whether they take gold or silver or platinum from the Nominated Agencies. The units situated in port towns within the jurisdiction of Commissioner of Customs specified under Section 4 of the Customs Act, 1992 should register with the Commissioner of Customs. In port towns, there are more than one Commissioner of Customs and therefore the Commissioner - in - Charge of the bonded warehouses of the Nominated Agencies would register the exporter for this purpose. The units situated outside the above jurisdiction should register with the Commissioner Central Excise of their jurisdiction. In hinterland Customs Commissionerate (Ahmedabad and Jaipur), the exporter should register with the said Commissioner of Customs office.

5.    The circular No. 24/98 dated 20.4.98, stands modified to the above extent and this modification may be brought to the notice of the trade by issue of a suitable public notice.

(O.P. Khanduja)
Sr. Technical Officer (FTT)