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

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

17th May, 2006

NOTIFICATION No. 44/2006-Customs

      G.S.R 291 (E). – 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 amends or further amends, as the case may be, each of the notifications of the Government of India in the Ministry of Finance (Department of Revenue), specified in column 2 of the Table below, in the manner specified in the corresponding entry in column 3 of the said Table, namely:-

Table

Sl. No. Notification No. and Date Amendment
1 2 3
   1. 94/96-Customs, dated the 16th December, 1996, G.S.R. 569(E), dated the 16th December, 1996.  In the said notification,-

(i)  in the table,-

(a) after Sl. No. 2A and the entries relating thereto, the following Sl. No. and entries shall be inserted, namely:-

1 2 3
“2B. Cut and polished precious and semi precious stones exported for treatment abroad as referred to in Paragraph 4A.20.1 of the Foreign Trade Policy, other than those falling under Sl. No. 1″;

 

Duty of Customs which would be leviable if the value of re-imported precious and semi precious stones after treatment were made up of the fair cost of treatment carried out including cost of materials used in such treatment, whether such costs are actually incurred or not, insurance and freight charges, both ways.”;

(ii)  for the Explanation, the following Explanation  shall be substituted , namely:

Explanation.- For the purposes of this notification,-

(a) goods shall not be  deemed to be the same if they are re-imported from abroad after being subjected to remanufacturing or reprocessing through melting, recycling or recasting;

(b) ‘Foreign Trade Policy’ means Foreign Trade Policy, 1st September, 2004- 31st March, 2009, published by the Government of India in the Ministry of Commerce and Industry vide notification No 1(RE-2006)/2004-2009, dated the 7th April, 2006, as amended from time to time.”.

   2. 55/2001-Customs, dated the 16th May, 2001, G.S.R. 360(E), dated the 16th may, 2001. In the said notification, in condition (iv), after entry (h), the following entry shall be inserted, namely:-

” (i) Diamond Trading Company, Maidenhead, United Kingdom”.

   3. 52/2003-Customs, dated  the 31st March,2003, G.S.R. 274(E), dated the 31st March, 2003.  In the said notification,-

(1)  in the first paragraph,-

(i)     in condition (4), clauses (ii) and (iiia) shall be omitted;

(ii)       after condition (4a), following conditions shall     be inserted , namely:-

” (4b)  The unit may transfer capital goods or goods manufactured, produced, processed or packaged in that  unit to any other unit in a Special Economic Zone (SEZ) or other Export Oriented Undertaking (EOU) or Electronic Hardware Technology Park (EHTP) unit or Software Technology Park (STP) unit, as the case may be, without payment of duty for the purpose of manufacture and export therefrom or for use within the unit after giving prior  intimation to the said officer, subject to maintenance of proper accounts of removal and receipt of goods and following the procedure of  in-bond movement of goods;

(4c) The unit may remove the capital goods temporarily within the country without payment of duty for the purposes of test, repair, calibration, refining and return thereof, after giving intimation to the said officer, subject to maintenance of proper accounts of removal and receipt of goods.”;

(2)  in  paragraph 6, in condition (ii), for the words “in case of unit other than those which are in existence for less than two years”, the words “the unit” shall be substituted;

(3)   for paragraph 10, the following paragraph shall  be substituted, namely:-

” 10.  Notwithstanding anything contained in this notification,-

(i)     the exemption contained herein shall also apply to spares and components, to the extent of 1.5 (one point five) percent. of the Free on Board (FOB) value of the manufactured articles exported by the unit during the preceding year for the purpose of supply of such spares and components for after-sale-service during the warranty period of the exported articles to the same consignor or buyer to whom manufactured articles were exported subject to the condition that such supply is specifically stipulated in the relevant export contract and the said officer is satisfied that the Cost Insurance Freight (CIF) value  of such imported spares and components has been included for computation of sum total of all imported goods for arriving at the Net Foreign Exchange Earning (NFE)  as required under the Foreign Trade Policy;

(ii)      the exemption contained herein shall also apply to import and supply of promotional materials like brochures, literatures, pamphlets, hoardings, catalogues and posters of products for the purpose of export promotion activities, to the extent of 1.5 (one point five) percent. of the Free on Board (FOB) value of the preceding year’s exports:

Provided that the export value of such spares, components and promotional materials shall not be taken into consideration for fulfilment of Net Foreign Exchange Earnings (NFE) and for availing Domestic Sale Entitlement as specified in paragraph 6.8 of the Foreign Trade Policy.”;

(4)  for paragraph 11A, the following paragraph shall  be substituted, namely:-

“11A.    Notwithstanding anything contained in this notification, if the said officer is satisfied that the unit engaged in the manufacture of textiles and textile articles has left over textile fabric or textile material, he shall allow such unit to clear such unutilized left over textile fabric or textile material into Domestic Tariff Area on payment of duty on transaction value as if the goods have been manufactured in that unit:

Provided that such clearance shall be allowed only where the said officer certifies that the textile fabric or textile material proposed to be cleared are left over and that such clearance do not exceed two percent. of the Cost Insurance Freight value or the quantity of imported consignments in the previous year to which such left over textile fabric or textile material relates, whichever is lower.”.

(F.No: DGEP/FTP/382/2006)

Note:

1. Notification No. 94/96-Customs, dated the 16th December, 1996 was published vide number G.S.R. No. 569 (E), dated 16th December, 1996 and was last amended vide G.S.R. 16(E), dated the 5th January, 2000.

2. Notification No. 55/2001-Customs, dated the 16th May, 2001 was published vide number G.S.R. 360(E), dated the 16th May, 2001 and was last amended by notification No. 21/2006-Customs, dated the 1st March, 2006, G.S.R. 122(E), dated the 1st March, 2006.

3. Notification No. 52/2003-Customs, dated the 31st March, 2003 was published vide number G.S.R 274(E), dated the 31st March, 2003 and was last amended by notification No.50/2005-Customs, dated the 20th May, 2005, G.S.R. 331(E), dated the 20th May,  2005.

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