This notification exempts specified goods imported by 100% EOU situated in the special Export Oriented Complex at Jhandewalan at New Delhi

[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3, SUB-SECTION (I)]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

Notification No. 3/88-Customs

14-1-1988

Exemption to specified goods for use in the manufacture of jewellery for export by 100% export-oriented undertaking set up in Special Export Oriented Complex at Jhandewalan.

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 the goods specified in the Annexure to this notification (hereinafter referred to as the said goods), when imported into India for the purposes of use in the manufacture of jewellery for export out of India, by a hundred per cent export oriented undertaking in the Special Export Oriented Complex for the manufacture of jewellery at Jhandewalan, New Delhi (hereinafter referred to as the said Complex), from the whole of the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), and from the whole of the additional duty, if any, leviable thereon under section 3 of the said Customs Tariff Act, subject to the following conditions, namely :-

(i) the importer has been authorised to establish a hundred per cent export-oriented undertaking in the said Complex for the purpose of manufacture of jewellery for export out of India;

(ii) the importer is covered, wherever required, by a general or specific permit issued in this behalf by the Reserve Bank of India;

(iii) the importer has been granted necessary licence for the import of the said goods;

(iv) the importer carries out the manufacturing process or other operations in respect of jewellery in customs bond and subject to such other conditions as the Assistant Commissioner of Customs or Deputy Commissioner of Customs may, having regard to the circumstances of the case, specify in this behalf;

(v) the importer satisfies the Assistant Commissioner of Customs or Deputy Commissioner of Customs that the said goods so imported shall be used in the manufacture of jewellery for export out of India;

(vi) the importer agrees to execute a bond in such form and for such sum and with such authority as may be specified by the Assistant Commissioner of Customs or Deputy Commissioner of Customs binding himself to fulfill the export obligation with the prescribed Net Foreign Exchange Earnings as percentage of exports (NFEP) and to fulfill, inter alia, the conditions stipulated in this notification and in the Letter of Approval or Intent or the Industrial Licence issued by the Board of Approval and to pay on demand an amount equal to the duty of customs leviable on the said goods as are not proved to the satisfaction of the Assistant Commissioner of Customs or Deputy Commissioner of Customs to have been used in the manufacture of the jewellery for export;

Explanation. – For the purposes of condition (vi), duty of customs leviable on said goods in respect of gold and silver shall be limited to the duty as specified under notification of the Government of India, Ministry of Finance, Department of Revenue, No. 80/97-Customs, dated the 21st October, 1997 as amended from time to time.

(vii) the importer agrees to bring the said goods into the said Complex and use them within the said Complex in the manufacture of jewellery for export out of India;

(viii) save as otherwise provided in condition (xvi), the importer agrees to export out of India all the jewellery manufactured within the said Complex for the period stipulated by the Board of Approval or such extended period as may be specified by the Board of Approval;

(ix) on expiry of the period referred to in condition (ix) above, the importer shall pay the following duties, namely :-

(a) duty of customs on capital goods on depreciated value but at the rates of duty of customs in force on me date of payment of such duty,

(b) duty of customs on raw materials and on components on the value at the time of import and at the rates of duty of customs in force at the time of clearances;

(x) the importer shall maintain a proper account of import, consumption and utilisation of the said goods and of exports made by him and shall submit such account to the Assistant Commissioner of Customs or Deputy Commissioner of Customs, in such form, in such manner, at such intervals and within such time, as may be specified by the Commissioner of Customs;

(xi) the importer agrees that the jewellery, including the waste, refuse and rejects thereof, manufactured in the said Complex, shall not be brought to any other place in India for whatever purpose:

Provided that scrap, dust or sweepings of gold or silver, arising in the manufacturing process may be forwarded to the Government Mint by the importer for conversion into standard gold or silver bars, as the case may be, and return to the said complex in accordance with the procedures specified by the Commissioner of Customs in this regard or such scrap, dust or sweepings of gold or silver arising in the  manfacturing process may be cleared to the Domestic Tariff Area on payment of duty as specified in the notification of the Government of India, Ministry of Finance, Department of Revenue No. 80/97-Customs, dated the 21st October, 1997 on the gold or silver content, as the case may be, in the said scrap, dust or sweepings;

Provided further that jewellery up to 10% of the value of export by the unit in the preceding year, may be allowed clearance into domestic Tariff Area by the Development Commissioner in consultation with the Assistant Commissioner of Customs or Deputy Commissioner of Customs, on payment of applicable duties:

Provided also that exchange of plain gold or plain silver or plain platinum jewellery, from any place in India to the said Complex with the gold or silver or platinum of the equivalent quantity in weight as that of gold or silver or platinum, as the case may be, contained in the said jewellery, permitted subject to such conditions as may be specified by the Assistant Commissioner of Customs or Deputy Commissioner of Customs.

(xii) in the event of such a hundred per cent export-oriented undertaking ceasing its operations, gold, other precious metals, alloys, gem and other material for the manufacture of jewellery shall be transferred to such person, undertaking, agency or authority, as the Government of India in the Ministry of Commerce may specify in this behalf;

(xiii) the Assistant Commissioner of Customs or Deputy Commissioner of Customs may allow, subject to fulfillment of such conditions as he may specify, the percentage of wastage of gold or platinum specified in column (2) of the Table given below or percentage of wastage of silver as specified in column (3) of the said Table, during the manufacture of jewellery of description specified in the corresponding entry in column (1) of the said Table.

Table

Explanation : –

(a) Omitted.

(b) permit re-export of imported goods and export of domestically procured goods including goods generated out of the partial processing/manufacture from such goods;

(c) permit supply of unsuitable or broken cut and polished diamonds, precious and semi-precious stones or rough diamonds up to 5% of value of import or indigenously procured goods to the Domestic Tariff Area against the valid REP or GEM REP or Diamond Imprest Licences as applicable on payment of appropriate duty;

(d) the expression “plain jewellery and articles thereof unstudded” shall include “Mangal Sutra” containing gold and black beads, and jewellery studded with imitation stones, and cubic zirconia and semi-precious stones:

Provided that per pram value of the semiprecious stones utilised in the making of jewellery and articles is less than the per gram value of gold.

(xiiib)Gem and Jewellery manufactured in the Jhandewalan Complex and sold to a foreign bound passenger may be transferred in accordance with the Import and Export Policy to the retail outlets or showrooms set up in the departure lounge or customs warehouse at Customs Airport at Delhi for being handed over to the said passenger for the purpose of export, as per procedure specified by the Commissioner of Customs in this regard.

(xiv) the export and import under this notification of the said goods other than capital goods may be made by air-freight through Delhi Airport or through post parcel and the export under this notification may also be made through authorized couriers as per procedure prescribed by the Commissioner of Customs;

Provided that the Free on Board value of any consignment through the authorized courier shall not exceed rupees twenty lakhs.

(xv) gem and jewellery manufactured in the said complex may be supplied to the retail outlets or show rooms set up in the departure lounge at international airports at Calicut, Chennai, Cochin, Delhi, Hyderabad, Kolkata, Mumbai, Thiruvananthpuram and Vishakapatnam in accordance with Export and Import Policy and the Handbook of Procedures Volume I, for sale to a tourist as defined in the Baggage Rules, 1998, leaving India in accordance with the procedure specified by the Commissioner of Customs;

(xvi) * * * *

(xvii) the Assistant Commissioner of Customs or Deputy Commissioner of Customs, may subject to such conditions and limitations as may be imposed by him and subject to the provisions of the Export Import Policy –

(a)	permit the said goods or goods manufactured or packaged in the unit to be transferred or supplied to another unit of the Jhandewalan Complex;
(b)	permit re-export of imported goods and export of domestically procured goods including goods generated out of the partial processing/manufacture from such goods;
(c)	permit supply of unsuitable or broken cut and polished diamonds, precious and semi-precious stones or rough diamonds upto 5 % of value of import or indigenously procured goods to the Domestic Tariff Area against the valid REP or GEM REP or Diamond Imprest Licenses as applicable on payment of appropriate duty;
(d)	permit with the approval of Development Commissioner, personal carriage of precious metals jewellery or precious or semi-precious stones or beads as samples upto US $ 1,00,000 for export promotion tours and temporary display abroad subject to the condition that the exporter would bring back the jewellery or its sale proceeds within 45 days from the date of its clearance.
(e)	permit export of jewellery including branded jewellery for display and sale in the permanent shops set up abroad, provided that such items not sold abroad within 180 days, shall be re-imported within next 45 days.
(f)	permit clearance of used packing materials, such as card-board boxes and polyethylene bags of a kind unsuitable for repeated use, without payment of any customs duty;
(g)	permit clearance of parts and tools of machinery in Domestic Tariff Area without payment of duty for repairs and return thereof;
(h)	permit clearance of capital goods on payment of an amount equal to the customs duty leviable on such goods on the depreciated value thereof at the rate in force on the date of payment of such duty:

Provided that the importer shall not be eligible to avail of the exemption applicable to goods falling under heading No. 98.01 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), or the exemption available to imported goods under the Export Promotion Scheme other than the Export Promotion Capital Goods Scheme permitting import of capital goods at the rate of duty of 5 % ad valorem, or at zero rate of duty in terms of notification in force at the time of de-bonding.

Explanation. – The depreciation in respect of capital goods covered by clause (h) above shall be allowed for the period from the date of commencement of commercial production of the unit or where such goods have been imported after such commencement, from the date such goods have come into use for commercial production, upto the date of payment of duty.

1. Notwithstanding anything contained in paragraph 1 of this notification, the exemption contained therein shall also apply to silver and gold falling under heading Nos. 71.06 and 71.08 respectively of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) imported by the Metals and Minerals Trading Corporation Limited, Handicraft and Handloom Export Corporation, State Trading Corporation, the Projects and Equipments of India Limited and any agency authorised by Reserve Bank of India for being supplied to the gem and jewellery units in the said zone under the scheme for Export of gold/silver and platinum jewellery and articles from Export Processing Zones (EPZs) and from Export Oriented Unit (EOU) Complexes specified in Export and Import Policy read with Chapter 6 of the Handbook of Procedures Volume-I:

Provided that where gold or silver is imported on behalf of a jewellery unit, the exemption shall apply only if –

(a) the procedure as may be specified by the Commissioner of Customs is followed by such a jewellery unit; and

(b) the conditions stipulated in paragraph 1 of this notification are complied with by such a jewellery unit:

Provided further that in the event of the Gem and Jewellery units to whom the gold or silver has been supplied, fails to export the jewellery made out of such gold or silver within the time specified in the Export and Import Policy under the respective Scheme, the nominated agencies shall deposit duty on the quantity of the gold or silver not contained in the jewellery exported at the rate of duty of customs leviable on the gold or silver, as the case may be, as provided in the Notification No. 80/97-Customs, dated the 21st October, 1997 within seven days of the expiry of the period within which the said jewellery manufactured out of the said gold or silver was supposed to be exported.

Explanation. – For the purposes of this notification, –

(a) “Board of Approval” means the Board referred to in clause (ii) of Explanation 2 to sub-section (1) of section 3 of the Central Excises and Salt Act, 1944 (1 of 1944);

(b) “hundred per cent export-oriented undertaking” shall have the same meaning as in clause (ii) of Explanation 2 to sub-section (1) of section 3 of the Central Excises and Salt Act, 1944 (1 of 1944);

(c) “Special Export Oriented Complex for the manufacture of jewellery at Jhandewalan, New Delhi” shall comprise of Blocks F and G of the Jhandewalan Flatted Factory Complex, New Delhi.

(d) “Export-Import Policy” means the Export and Import Policy, 1^st April, 2002-31^st March, 2007, published by the Government of India in the Ministry of Commerce and Industry vide notification No. 1/2002-07, dated 31^st March, 2002 as amended from time to time;

(e) “Handbook of Procedures Volume I” means the Handbook of Procedures Volume I, 2002-2007, published by the Government of India in the Ministry of Commerce and Industry vide Public Notice No.1/2002-07, dated the 31^st March, 2002.’.

ANNEXURE
Description of goods

1. Capital goods.

2. Raw materials.

3. Components.

4. Spare parts of machinery.

5. Consumables required for manufacture of goods.

6. Samples prototype, not exceeding two in number, of each type of articles covered by the manufacturing activity.

7. Drawing, blue-prints, technical maps and charts, relating to the manufacturing activity.

8. Packaging materials.

9. Tools, Jigs, Gauges, Fixtures, Moulds, Dies, Instruments and Accessories.

10. Goods re-imported within one year from the date of exportation from the Complex, for re-export after repairs or reconditioning.

11. Office Equipments, spares and consumables thereof.

12. Old gold jewellery, old platinum jewellery, and old silver jewellery for repair or remaking for re-export.

(b) in the ANNEXURE, in item number 12, the word “plain”, wherever it occurs, shall be omitted.

Notification No. 3/88-Cus., dated 14-1-1988 as amended by Notifications No. 232/88-Cus., dated 3-8-1988; No. 250/90-Cus., dated 21-9-1990; No. 151/91-Cus., dated 8-11-1991; No. 15/92-Cus., dated 3-1-1992; No. 155/92-Cus., dated 30-3-1992; No. 7/93-Cus., dated 9-2-1993; No. 145/93-Cus., dated 28-6-1993; No. 178/94-Cus., dated 21-10-1994; No. 194/94-Cus., dated 6-12-1994; No. 101/95-Cus., dated 26-5-1995; No. 115/95-Cus., dated 8-6-1995; No. 117/95-Cus., dated 12-6-1995; No. 33/97-Cus., dated 1-4-1997; No. 57/97-Cus., dated 3-7-1997; No. 76/97-Cus., dated 14-10-1997; No. 11/98-Cus., dated 27-4-1998; No. 40/99-Cus., dated 28-4-1999, and No. 55/2000-Cus, dated 5-5-2000; No. 10/2000-Cus.,dated 28-1-2000. No.56/2001 dt.18^th May, 2001 and No.64/2002 dated 24-6-2002.