Académique Documents
Professionnel Documents
Culture Documents
0DCUhENTATIDN
FDPEICN TPA0E PDLICY
y
VaIbhav Nagarkar
0Irector, NC
Agenda
0ocumentatIon: DvervIew - CommercIal and Fegulatory
documents
UnderstandIng nvoIce, PackIng LIst, nspectIon
CertIfIcate, CertIfIcate of DrIgIn, ShIppIng 8Ill, AFE1,
|ate FeceIpt, CF/S0F, 8Ill of exchange, 8ank
FealIsatIon CertIfIcate, 8Ill of LadIng and AIrway 8Ill,
8Ill of Entry etc.
ncoterms
Terms of payment
Letter of credIts Concept, Types of L/C, PartIes to
L/C, L/C mechanIsm.
Agenda
Export Procedures
mport Procedure
Export PromotIon Schemes under ForeIgn Trade PolIcy
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UnderstandIng PoIIcy
ForeIgn Trade PoIIcy :
0rafted by 0Irector Ceneral of ForeIgn Trade under the |InIstry
of Commerce.
mplemented wIth the help of varIous other 0epartments
maInly Customs, ExcIse and F8.
n order to understand the corelatIon, one must get famIlIar
wIth the varIous laws and functIons of varIous departments.
As far as ImplementatIon Is concerned, the corelatIon of
ForeIgn Trade PolIcy wIth the followIng Acts, Laws and
FegulatIons must be taken Into account :
UnderstandIng PoIIcy
ForeIgn Trade PoIIcy :
Customs Act, 1962
Customs TarIff Act, 1975
ForeIgn Exchange |anagement Act, 1999
Central ExcIse Act, 1944
ExcIse TarIff Act, 1985
ndustrIal PolIcy FesolutIon, 1956.
ndustrIes 0evelopment and FegulatIon Act, 1951
Laws of WeIghts and |easures
WhIle some of these laws would be specIfIc In nature
for certaIn commodItIes, the generIc understandIng
should be based on the followIng :
|InIstry of FInance
Customs ExcIse
Coverage Coverage
7alIdIty of Imports and exports Export
Assessment and valuatIon Under bond - clearance of
excIsable goods for export under
bond
0etermInatIon of Import /
export duty applIcable
Febate of excIse duty post exports
where exports have been effected
after payment of excIse duty
CollectIon of duty |onItorIng factory stuffed
contaIners In certaIn cases
nspectIon and supervIsIon
of cargo
Import
ExamInIng corelatIon
and complIance wIth other laws
|onItorIng CEN7AT
C
o
n
t
d.
F8
Coverage
|onItorIng ForeIgn Exchange
nflow - on account of exports of goods and servIces
Dutflow - on account of Imports of goods and servIces
CovernIng ActslLawslhanuaI
1) ForeIgn Exchange |anagement Act 1999
2) ForeIgn Exchange |anual
TooIs:
|aster CIrculars
FE|A NotIfIcatIons
A.P. (0F. Srs.) CIrculars
nowIedge
of
harket
nowIedge
of
Product
nowIedge
of
IncentIves
Proforma
InvoIce
SampIe If
necessary
ConfIrmatIon
of Export
Contract
Payment
terms
ScrutIny
of LlC
Amendments
If Necessary
PreparatIon
of PhysIcaI
Exports
enefIts
ExecutIon
ContInued..
Product
CostIng
FLDW CHAPT - I
SIgnIfIcance of 0ocumentatIon
0ocuments are Important for the foIIowIng reasons:
(a) as an evIdence of shIpment and tItle of goods;
(b) for obtaInIng payment;
(c) to provIde a specIfIc and complete descrIptIon of the goods;
(d) for assessment of correct 0uty for clearance purpose;
(e) for obtaInIng Export LIcences;
(f) for obtaInIng export fInance;
(g) for completIng PreshIpment nspectIon;
(h) for claImIng export benefIts lIke 0uty 0rawback, etc.
CommercIaI l PeguIatory
0ocuments
CommercIal set of documents are maInly used for
Commerce. n other words these are documents
normally exchanged between buyer and seller.
Fegulatory documents are requIred In dealIng wIth
varIous regulatory authorItIes such as customs, F8,
ExcIse, LIcencIng authorItIes nspectIon and other
Export PromotIon bodIes for avaIlIng IncentIves etc.
CommercIaI l PeguIatory
0ocuments
0ocuments are categorIzed Into two categorIes, namely
CommercIal 0ocuments and Fegulatory 0ocuments.
CommercIaI PeguIatory
CommercIal nvoIce ShIppIng 8Ill
nspectIon CertIfIcate AFE1 from (ExcIse)
nsurance CertIfIcate F8 0eclaratIon Forms (CF/PP)
8Ill of LadIng / AW8 ApplIcatIon for remIttance of
currency
CertIfIcate of DrIgIn 7arIous LIcences
8Ill of Exchange 8Ill of Entry
ShIpment AdvIce
PackIng LIst
Pre-shIpment 0ocuments
0ocuments at preshIpment stage are those documents,
whIch are requIred to be made, tIll the consIgnment Is
presented to the customs department for clearance.
The followIng documents can, therefore, be treated as
preshIpment documents:
Proforma nvoIce
ConfIrmed order or contract
Letter of CredIt
PreshIpment nspectIon CertIfIcate
PackIng lIst
ShIppIng 8Ill
Export 0eclaratIon Forms (CF/S0F)
AFE
Post-shIpment 0ocuments
0ocuments at PostshIpment stage are naturally those
whIch are prepared after the shIpment.
These documents Include the followIng:
|ate FeceIpt
8Ill of LadIng
AIrway 8Ill
Foadway/FaIlway 8Ill
Post Parcel/ CourIer FeceIpt
nvoIces (IncludIng consular InvoIce)
CertIfIcate of DrIgIn
nsurance CertIfIcate or PolIcy
8Ill of Exchange
8FC
Important 0ocuments-Imports
nvoIce
PackIng lIst
8Ill of LadIng or 0elIvery Drder/AIrway 8Ill
CATT declaratIon form duly fIlled In
mporters/declaratIon
LIcence/AuthorIsatIons In orIgInal wherever necessary
Letter of CredIt/8ank 0raft/wherever necessary
nsurance document
mport lIcense
ndustrIal LIcense, If requIred
Test report In case of chemIcals
Catalogue, TechnIcal wrIte up, LIterature In case of machInerIes,
spares or chemIcals as may be applIcable
Separately splIt up value of spares, components, machInerIes
CertIfIcate of DrIgIn, If preferentIal rate of duty Is claImed
No CommIssIon declaratIon
UnderstandIng 0ocuments
UnderstandIng 0ocuments
All documents whether It Is for export or Import transactIon
generally contaIn followIng InformatIon
Name and address of the exporter and Importer
0ocument No. and date.
Drder No. and date
Port of dIscharge
Port of destInatIon
Country of orIgIn
0escrIptIon of Coods
|arks and nos., model nos. [If any]
WeIght
TC HS Code No.
7alue
Currency
Terms of payment
Terms of shIpment etc.
UnderstandIng 0ocuments
However, dependIng upon the nature of the document,
specIfIc InformatIon Is to be mentIoned.
For e.g. apart from the above detaIls, ShIppIng 8Ill wIll
Include what export benefIt Is beIng claImed agaInst
that partIcular shIpment, etc. SImIlarly, PackIng LIst
wIll gIve InformatIon about how goods are packed.
Let us now study each document In depth.
InvoIce
t Is ItemIzed statement prepared and Issued by a seller
at the tIme of dIspatchIng the goods to the buyer.
It heIps the Customs AuthorItIes to:
ensure that goods shIpped are permItted by the export polIcy.
compute the customs duty, If any, payable on the export or the
Import.
check the quantIty of goods. They generally open a few
packages at random and check the veracIty of detaIls In the
InvoIce.
check If there Is any overInvoIcIng or underInvoIcIng (that
may be resorted to by the Importer to reduce the Import duty
payable).
InvoIce
nvoIces are often called bIlls.
7arIous types of InvoIces used In nternatIonal Trade
are
W Proforma nvoIce
W CommercIal nvoIce
W Consular nvoIce
W LeagalIzed nvoIce
W Customs nvoIce
PackIng LIst
t Is a consolIdated statement In a prescrIbed format detaIlIng how
goods are packed, marked and numbered IncludIng weIght and
dImensIons of each package.
t Is useful for customs at the tIme of examInatIon and warehouse
keeper of buyer to maIntaIn Inventory record and to effect
delIvery.
t have many detaIls common from InvoIce but It does not IndIcate
unIt rate value of goods.
The exporter or hIs/her agent, the customs broker or the freIght
forwarder, reserves the shIppIng space based on the gross weIght
or the measurement shown In the packIng lIst.
PackIng LIst
Customs uses It as a checklIst to verIfy:
the outgoIng cargo (In exportIng) and
the IncomIng cargo (In ImportIng).
8asIc functIons of PackIng LIst are:
To confIrm the contents of a shIpment as It left the exporter's
premIses.
To IndIcate weIghts, measures and the pIece count (I.e. the
number of cartons or cases) In that shIpment.
t Is prepared In 710 copIes or as per the requIrement.
InspectIon CertIfIcate
CertIfIcate of nspectIon" Is Issued by the nspectIon Agency
concerned certIfyIng that the consIgnment has been Inspected
before shIpment as per the requIrements of the Exports (QualIty
Control and nspectIon) Act, 196J.
t satIsfIes the condItIons relatIng to qualIty control and InspectIon
as applIcable to It and Is certIfIed export worthy.
ThIs certIfIcate Is requIred:
by customs before allowIng shIpment of goods or
by a banker to negotIate the documents.
ThIs certIfIcate bears cross references of InvoIce or contract
number.
InspectIon CertIfIcate
InspectIon can be done by
nspectIon Agency appoInted by the Covernment of ndIa, I.e.
Export nspectIon Agency, TextIle CommIttee, Central SIlk
8oard etc.
nspectIon Agency may also be nomInated by ImportIng
countrIes' Covernment I.e. SCS and D|C by some AfrIcan
CountrIes.
SometImes buyer hImself appoInts an Independent prIvate
Inspector to Inspect the goods.
f an InspectIon Is a part of transactIon, then exporter Is requIred
to arrange for necessary InspectIon.
t can be a certIfIcate of qualIty, weIght, analysIs, or the lIke.
CertIfIcate of DrIgIn
These are often requIred:
to meet Customs requIrements In the ImportIng state
to comply wIth 8ankIng requIrements
for other offIcIal and commercIal reasons.
There are two categorIes of CertIfIcate of DrIgIn :
1. PreferentIal CertIfIcate of DrIgIn and
2. NonpreferentIal CertIfIcate of DrIgIn
ShIppIng bIII
ShIppIng 8Ill Is an Important document requIred to seek permIssIon
of customs to export goods by Sea/AIr. t Is prepared by the
exporter and submItted to the Customs.
The exporter of any goods has to fIle a SHPPNC 8LL" as an entry
for the purpose of export by aIr or sea and a 8LL DF EXPDFT" In
respect of export by land.
Cargo wIll be allowed to be carted to 0ock/Port sheds only after
stampIng and passIng of the shIppIng bIll by customs authorItIes.
The exporter has to sIgn a declaratIon In the ShIppIng 8Ill regardIng
the truth of Its contents.
ShIppIng bIII
ShIppIng III normaIIy contaIns:
W the name and address of the Importer/consIgnee and
exporter,
W InvoIce number and date,
W name of vessel carryIng the goods,
W name of master or agents,
W port at whIch goods are to be dIscharged,
W country of fInal destInatIon,
W descrIptIon of goods, quantIty detaIls of each case,
W value of the goods as defIned In the Sea Customs Act,
W number of packages wIth total weIght,
W marks and numbers, etc.
ShIppIng bIII
Types of ShIppIng IIIs:
FPEE SHIPPINC ILL: Used for export of goods whIch neIther
attract any Export duty/cess nor entItled to any 0uty 0rawback
0UTIALE SHIPPINC ILL: Used when export goods are subject
to Export 0uty/Cess. 0uty Is charged eIther on quantIty basIs
(FIxed amount per kg. or per |etrIc tonne) or on certaIn
percentage of assessable value.
0PAWAC SHIPPINC ILL: Used when 0uty 0rawback Is to be
claImed.
SHIPPINC ILL FDP SHIPhENT EX-DN0: Used when the goods
are to be exported whIch have been Imported earlIer and kept
In bond prIor to reexport.
ShIppIng bIII
Types of ShIppIng IIIs:
0EP SHIPPINC ILL: When 0EP8 benefIt Is to be claImed.
0EEC SHIPPINC ILL: ThIs shIppIng bIll Is used for export of
goods under Advance AuthorIsatIon (0uty exemptIon scheme).
0EEC CUh 0PAWAC SHIPPINC ILL: ThIs shIppIng bIll Is used
for export of goods where both the schemes 0uty ExemptIon as
well as 0rawback are to be taken Into account.
ShIppIng bIII
ShIppIng bIll Is requIred to be submItted In quadruplIcate. f
0rawback/0EP8 claIm Is to be made, one addItIonal copy should
be submItted.
CopIes of ShIppIng III are as under:
Customs Copy: For record of Customs
Exporter's Copy: For record of Exporters/ Exporter may forward It
to shIppIng company.
Export PromotIon Copy: For offIce of 0CFT. ThIs copy Is the most
Important document for claImIng duty NeutralIsatIon/ExemptIon
benefIts plus export IncentIves wherever applIcable.
Exchange ControI Copy: For negotIatIng the export documents In
bank. t Is Proof of export for exchange purposes.
0EP Copy: For use In the Import cell of customs for regIstratIon of
lIcence.
APE
AFE stands for applIcatIon for removal of excIsable
goods for exports by AIr/Sea/ Post/Land.
Coods whIch are sold overseas are exempted from
payment of excIse duty or entItled for Febate of ExcIse
0uty, If excIse paId goods are exported. Under both
these cIrcumstances, the document to be used Is AFE.
When goods are removed wIthout payment of duty for
the purpose of export, they wIll get covered under the
provIsIons of Fule 19 of the Central ExcIse Fules.
APE
When excIse paId goods are exported and rebate of
ExcIse 0uty Is to be claImed, they wIll get covered
under Fule 18 of Central ExcIse Fules.
AFE Is prepared before clearance of goods from the
factory gate.
AFE wIll specIfy whether goods are exported under Fule
19 or under Fule 18.
APE
There are three types of APE:
a) APE 1: Is used for physIcal export of goods.
b) APE 2: Is used when goods are removed for
manufacture and packIng of the goods to be exported.
c) APE 3: Is used when goods are supplIed as deemed
exports.
hate PeceIpt
|ate's receIpt Is a receIpt Issued by the |aster or |ate of the
vessel statIng that certaIn goods have been receIved on board hIs
vessel.
t Is prImafacIe evIdence that the goods are loaded In the vessel.
t contaIns:
the name of shIppIng lIne and vessel,
port of loadIng, port of dIscharge and place of delIvery,
marks and numbers,
number and kInd of packages, gross weIght,
descrIptIon of goods,
contaIner status/seal number,
shIppIng bIll number and date and
condItIon of cargo at the tIme of Its receIpt on board the vessel.
t Is serIally numbered.
hate PeceIpt
Port authorItIes recover port dues from exporter on productIon of
thIs receIpt.
Dn payment of 0ock dues, the exporter or hIs agent collects the
receIpt from the PortTrust authorItIes and hands over to shIppIng
company for preparIng 8Ill of LadIng.
8Ill of LadIng Is prepared on the basIs of |ate's FeceIpt.
t Is of a transferable nature.
n case of ascertaInIng the exact date of shIpment, the mate's
receIpt date Is also very Important.
Normally, the date of Export Is regarded as the date of |ate
FeceIpt or the date of 8Ill of LadIng, whIchever Is later".
III of Exchange
8Ill of Exchange [8E] Is a document drawn and Is an
order by the exporter to the buyer to pay the money In
specIfIed exchange.
t Is also known as a draft.
A bIll of exchange Is accompanIed by commercIal
documents whIch are presented by a bank and released
to the buyer eIther agaInst payment (at sIght) or
agaInst a sIgnature for payment on a specIfIed future
date.
t Is an uncondItIonal wrItten order.
III of Exchange
When a 8E Is drawn on foreIgn fIrm It Is termed as a
foreIgn draft or bIll of exchange.
t Is prepared eIther In an InternatIonal currency or
ndIan rupees dependIng on the terms of the contract.
AccordIngly, the bIll Is known by the name of currency
In whIch It Is drawn.
e.g. a bIll drawn In US dollars Is known as a 0ollar
8Ill" and when drawn In Fupees, It Is termed as
Fupees 8Ill".
III of Exchange
The most common versIons of a bIII of exchange are:
A) SIght 0raft -
When the drawer (exporter) expects the drawee
(Importer) to make payment ImmedIately upon the
draft beIng presented to hIm.
Unless and untIl the 0raft Is receIved, the
NegotIatIng/ CollectIng 8ank does not hand over the
ShIppIng documents and the buyer cannot take
delIvery of goods.
III of Exchange
) Usance 0raft -
When draft Is drawn for payment at a date later
than the date of presentatIon.
t may be a fIxed future (specIfIc) date or
determInable date accordIng to the perIod of credIt
vIz. J0 days, 60 days or 90 days etc.
t Is presented to the drawee (Importer) who wIll
retIre the documents by acceptIng the draft by
puttIng hIs sIgnature and date.
III of Exchange
When the payment Is receIved In advance no 8Ill of
Exchange Is requIred to be drawn.
PartIes to a bIII of exchange
I. 0rawer - who makes the order for makIng
payment.
II. 0rawee - whom the order to pay Is made.
III. Payee - whom the payment Is to be made.
III of Exchange
Features of a III of Exchange:
A bIll must be In wrItIng, duly sIgned by Its drawer,
accepted by Its drawee and properly stamped.
t must contaIn an order to pay. Words lIke 'please
pay US S 5,000 on demand and oblIge' are not used.
The order must be uncondItIonal.
The sum payable mentIoned must be certaIn or
capable of beIng made certaIn.
The partIes to a bIll must be certaIn.
III of Entry
The document on the strength of whIch cIearance of
Imported goods can be affected Is known as III
Entry, the form of whIch has been standardIzed by
the CentraI oard of ExcIse and Customs.
Every Importer has to submIt It under sectIon 46 of
the Customs Act, 162.
Under E0I system, III of Entry Is actuaIIy prInted on
computer In trIpIIcate onIy after 'out of charge'
order Is gIven. 0upIIcate copy Is gIven to Importer.
III of Entry
SaIIent features of a III of Entry whIch Is to be
presented for cIearance of goods for home
consumptIon are mentIoned beIow:
DrIgIn E 7essels PartIculars
PartIculars of the Coods
7alue
0utIes LevIable
Code
0eclaratIon of mporters/ClearIng Agents
Types of III of Entry - There are three types. Dut of these,
two types are for clearance from customs whIle thIrd Is for
clearance from warehouse.
III of Entry
ILL DF ENTPY FDP HDhE CDNSUhPTIDN - When the
Imported goods are to be cleared on payment of full duty.
Home consumptIon means use wIthIn ndIa.
ILL DF ENTPY FDP WAPEHDUSINC - f the Imported goods
are not requIred ImmedIately, Importer may lIke to store the
goods In a warehouse wIthout payment of duty under a bond
and then clear from warehouse when requIred on payment of
duty. ThIs wIll enable hIm to defer payment of customs duty
tIll goods are actually requIred by hIm.
t Is also called 'Into ond III of Entry' as bond Is executed
for transfer of goods In warehouse wIthout payment of duty.
ILL DF ENTPY FDP EX-DN0 CLEAPANCE - t Is used for
clearance from the warehouse on payment of duty.
III of Entry
0ocuments requIred by customs authorItIes are requIred to be
submItted to enable them to (a) check the goods (b) decIde value
and classIfIcatIon of goods and (c) to ensure that the Import Is
legally permItted.
0ocuments presented to customs along wIth the 8Ill of Entry
generally Include:
W InvoIce,
W PackIng LIst,
W III of LadIng or 0eIIvery Drder,
W Import LIcence(s) l Customs CIearance PermIt,
W Letter of CredIt l ank 0raft wherever necessary
W Insurance PoIIcy,
W CertIfIcate of DrIgIn etc.
W CATT decIaratIon form duIy fIIIed In
W Importers l CHAs decIaratIon duIy sIgned
INCDTEPhS 2000
INTPD0UCTIDN
n theIr sales contract buyer and seller agree on the
condItIons of sale : payment on the one hand and
delIvery on the other. These terms determIne at what
precIse locatIon the ownershIp of the goods Is
transferred from seller to buyer and when/how
payment wIll be done. n InternatIonal trade a
unIversal set of rules on delIvery has been developed
over the years. t Is called INCDTEhPS.
Incoterms 2000
Croup E
0eparture
EXW Ex Works
Croup F
|aIn carrIage unpaId
FCA
FAS
FD8
Free CarrIer
Free alongsIde shIp
Free on board
Croup C
|aIn carrIage paId
CFF
CF
CPT
CP
Cost and FreIght
Cost, nsurance, FreIght
CarrIage PaId to
CarrIage and nsurance PaId to
Croup 0
ArrIval
0AF
0ES
0EQ
00U
00P
0elIvered at FrontIer
0elIvered Ex ShIp
0elIvered Ex Quay
0elIvered 0uty UnpaId
0elIvered 0uty PaId
(Note, that when the ncoterms IndIcate a certaIn PoInt or ..," the poInt
of destInatIon or orIgIn must be mentIoned)
INCDTEPhS 2000
The Incoterms dIvIde costs and rIsks
The ncoterms of trade have been desIgned to clarIfy
oblIgatIons of both partIes, the buyer and the seller.
PrIncIpally, these are:
The seller must: The buyer must:
ProvIde the goods
accordIng to the contract
Pay the prIce as agreed
upon
Contd..
INCDTEPhS 2000
n order to fInalIse the transactIon, both partIes wIll
have to perform certaIn tasks, lIke:
Arrange for lIcences, Arrange for lIcences,
AuthorIsatIon and formalItIes AuthorIsatIon and formalItIes
Arrange for shIpment Arrange for shIpment
Arrange for delIvery Accept delIvery
8ear the rIsks for hIs actIvItIes 8ear the rIsks Involved In hIs
contractual actIvItIes.
Source: Guide to Incoterms, ICC Paris
INCDTEPhS 2000
EXW = EX WDPS (. named pIace)
ost oj Coods lus cost oj Exort ackny and markny
n thIs term the seller delIvers the goods by keepIng It ready In
delIverable state at the seller's place or another named place. ThIs
named place can be factory/godown or manufacturIng unIt. n thIs
term seller does not clear the goods for exports nor goods are loaded
on vehIcle.
FCA = FPEE CAPPIEP (. named pIace)
ost oj Coods lus cost oj Cettny yoods to ralway staton or
truck jor transortaton to ort
ThIs term refers to seller's responsIbIlIty to delIver the goods, cleared
for export, to the carrIer appoInted by the buyer at the named place.
n thIs term the place of delIvery Is very Important. f the delIvery Is
at sellers place's then he Is responsIble for loadIng. f the delIvery
occurred at any other place, the seller Is not responsIble for
unloadIng. ThIs term can be used for all modes of transport as well as
multImodal.
INCDTEPhS 2000
FAS = FPEE ALDNCSI0E SHIP (.named port of
shIpment)
ost oj Coods lus cost oj Transort to ort and
yettny yoods alonysde sh
n thIs term when the goods are placed alongsIde the
vessel at the named port of shIpment It wIll be
consIdered that the seller has completed the delIvery.
The buyer has to bear all rIsks of loss or damage to the
goods and all costs from thIs poInt of tIme. However
the seller must clear the goods for the purpose of
export. ThIs term can be used only for Inland waterway
transport or shIpment by sea. t Is not used when It Is
aIr shIpment.
INCDTEPhS 2000
FD = FPEE DN DAP0 (. named port of shIpment)
ost oj Coods lus cost oj Cettny yoods on board
and rearny shny documents
ThIs Is the most popular term and Is wIdely In use. FD8
means that the seller delIvers when the goods pass the
shIp's raIl at the named port of shIpment. Under thIs
term the buyer has to bear all costs and rIsk of loss of
damage to the goods from that poInt. ThIs term
requIres the seller to clear the goods for exports. ThIs
term Is used only for sea or Inland waterway transport.
t Is not suItable for shIpment by aIr.
INCDTEPhS 2000
CFP = CDST AN0 FPEICHT (. named port of
destInatIon)
ost oj Coods lus cost oj Freyht cost (ort to ort)
EarlIer thIs term was popularly known as CEF or CNF.
CFF means the seller must pay the cost and the freIght
necessary for the goods to reach at the named
destInatIon. However, the rIsks of loss or damage to
the goods after the tIme of the delIvery Is on buyers
account. The seller Is requIred to clear the goods for
exports. ThIs term can be used only for sea and Inland
waterway transport.
INCDTEPhS 2000
CIF = CDST INSUPANCE AN0 FPEICHT (. named port of
destInatIon)
ost oj Coods lus cost oj Marne lnsurance
Cost, nsurance and FreIght" means that the seller, delIvers when
the goods pass the shIp's raIl In the port of shIpment. The CF prIce
refers that It covers the cost of the goods, freIght necessary to brIng
the goods to the named port of destInatIon and also marIne
Insurance. Compared to the prevIous term, CFF the seller contracts
for the Insurance and pay the Insurance premIum. t wIll be essentIal
for the buyer to know that under the CF term the seller Is requIred
to obtaIn the Insurance only on mInImum cover. f the buyer wIshes
to have more protectIon then he should make hIs own Insurance
arrangement extra or should specIfy to the seller at the tIme of
contract.
n thIs term the seller must clear the goods for exports and the buyer
must arrange necessary clearance for Import. ThIs term can be used
only for sea and Inland water transport.
INCDTEPhS 2000
CPT = CAPPIACE PAI0 TD (. named pIace destInatIon)
CarrIage PaId To" means the seller delIvers the goods to the carrIer
nomInated by hIm but the seller must In addItIon pay the cost of
carrIage necessary to brIng the goods to the named destInatIon. ThIs
refers to the fact that all the rIsks and any other cost occurrIng after
the goods have been delIvered wIll be on buyer's account. ThIs term
Is used for all modes of transport IncludIng multImodal transport.
CIP = CAPPIACE AN0 INSUPANCE PAI0 TD (.named pIace of
destInatIon)
CarrIage and nsurance PaId To" means that the seller delIvers the
goods to the carrIer nomInated by hIm, but the seller must In
addItIon pay the cost of carrIage necessary to brIng the goods to the
named destInatIon. ThIs means that the buyer bears all rIsks and any
addItIonal costs occurrIng after the goods have been so delIvered.
However, In CP the seller also has to procure Insurance agaInst the
buyer's rIsk of loss of or damage to the goods durIng the carrIage.
INCDTEPhS 2000
0AF = 0ELIVEP0 AT FPDNTIEP (. named pIace)
ThIs term Is used when goods are to be delIvered at land frontIer,
IrrespectIve of the mode of transport. 0elIvered At FrontIer means
the seller delIvers when the goods are placed at the dIsposal of the
buyer on the arrIvIng means of transport not unloaded, cleared for
exports but not cleared for Import at the named poInt and place at the
frontIer, but before the customs border of the adjoInIng country.
0ES = 0ELIVEP0 EX SHIP
ost oj Coods lus cost oj Puttny yoods at dsosal oj customer on
board vessel at ort oj destnaton
0elIvered Ex ShIp" means that the seller delIvers when goods are
place at the dIsposal of the buyer on board shIp not cleared for Import
at the named port of destInatIon. n thIs term all the cost and rIsk In
brIngIng the goods to the named port of destInatIon before dIscharge Is
on seller. ThIs term can be used only when the shIpment Is by sea or
Inland waterway or multImodal transport In the vessel at the port of
destInatIon.
INCDTEPhS 2000
0E = 0ELIVEPE0 EX UAY (. named port of destInatIon)
ost oj Coods lus cost oj Unloadny charyes at ort oj destnaton
0elIvered Ex Quay" means that the seller delIvers when the goods are
placed at the dIsposal of the buyer not cleared for, Import on the quay
(wharf) at the named port of destInatIon. The seller has to bear costs
and rIsks Involved In brIngIng the goods to the named port of
destInatIon and dIschargIng the goods on the quay (wharf). The 0EQ
term requIres the buyer to clear the goods for Import and to pay for all
formalItIes, dutIes, taxes and other charges upon Import.
INCDTEPhS 2000
00U = 0ELIVEPE0 0UTY UNPAI0
0elIvered 0uty UnpaId" means that the seller delIvers the goods to
the buyer, not cleared for Import, and not unloaded from any arrIvIng
means of transport at the named place of destInatIon. The seller has to
bear the costs and rIsks Involved In brIngIng the goods thereto other
than where applIcable any duty for Import In the country of
destInatIon. Such duty has to be borne by the buyer as well as any
costs and rIsks caused by hIs faIlure to clear the goods for Import In
tIme.
INCDTEPhS 2000
00P = 0ELIVEPE0 0UTY PAI0 (.named pIace of
destInatIon)
ost oj Coods lus cost oj Payment oj dutes and
transort to customer
0elIvered 0uty PaId means that the seller delIvers the
goods to the buyer, cleared for Import, and not unloaded
from any arrIvIng means of transport at the named place
of destInatIon. The seller has to bear all the costs and
rIsks Involved In brIngIng the goods thereto IncludIng,
where applIcable, any duty for Import In the country of
destInatIon.
INCDTEPhS 2000
Incoterms 2000 - an exampIe
A customer In Hanover, Cermany, asks for a quotatIon for J000
paIrs of shoes, to be delIvered 00P at hIs warehouse. You have
decIded on a unIt sellIng prIce of S2, gIvIng a total nomInal prIce of
S 6000 for the goods when sold domestIcally. For export you wIll
have to calculate wIth an addItIonal set of costs whIch are Involved
In makIng them physIcally avaIlable to your customer.
What are the addItIonal costs of gettIng the goods from your
factory In (e.g.) Agra, ndIa, to the customer: How (*) Is your
quotatIon affected by the terms of delIvery:
() ln ths cclculcton excmple, cll costs cre hypothetccl.
INCDTEPhS 2000
Incoterms 2000 - an exampIe
lj you
quote:
Your rce should
nclude:
Addtonal
costs:
Your total rce
s:
EXW Exworks Agra
Export packIng, markIng
crates wIth shIppIng
marks
J00 6J00
FCA Free on CarrIer at Agra
statIon. CarrIage and
Insurance for delIvery
to raIlway statIon by
road transport IncludIng
Insurance
100 6400
INCDTEPhS 2000
Incoterms 2000 - an exampIe
FAS Free alongsIde shIp at
JNPT port. FaIl
transport to port
(IncludIng Insurance)
and gettIng goods on
the quay alongsIde
shIp.
J10 6710
FD8 Free on board JNPT
Port. 0ock dues,
loadIng goods on board
shIp. PreparIng
shIppIng documents
100 6810
INCDTEPhS 2000
Incoterms 2000 - an exampIe
CFF Cost and FreIght.
Sea FreIght to
Hamburg (nearest
port to Hanover)
875 7685
CF Cost, Insurance,
freIght. Sea freIght +
marIne Insurance
(port to port)
100 7785
0ES 0elIvered ex shIp at
Hamburg.
LandIng charges at
Hamburg port.
90 7875
INCDTEPhS 2000
Incoterms 2000 - an exampIe
00P 0elIvery duty PaId at
customer's warehouse
In Hanover. mport
dutIes for J000 paIrs
of shoes
1200 9075
Transport by raIl
Hamburg to Hanover
150 9225
The buyer actually
pays **
1J50 9225
(**) = 'avaiIabiIity price'.
Terms of Payment
Terms of Payment
Types of InternatIonaI Trade SettIement:
Advance Payment
Dpen account
8Ills on collectIon basIs
0ocuments agaInst Acceptance
0ocumentary CredIts (Letters of credIt)
Standby letter of CredIt
Advance Payment
Seller may InsIst for advance payment :
W When he Is not confIdent on the buyer's fInancIal posItIon
W When the buyer's Country Is not stable.
Under thIs method seller Is able to secure hIs commercIal rIsk on
the buyer by receIvIng the advance payment for hIs supply.
WhIle agreeIng for advance payment buyer Is exposed to a rIsk on
the seller and hIs capacIty to supply the materIals.
n a competItIve 'buyer's market' seller may not be able to
receIve advance payment.
f It Is the 'seller's market' and If the seller has monopoly In
certaIn Items, seller can InsIst for advance payment.
Dpen account
t Is an arrangement between the buyer and the seller that
seller delIvers the goods to the buyer dIrectly or to hIs order
and the buyer agrees to pay on an agreed date.
Under thIs method, the goods are wIth the buyer on trust and
the buyer Is expected to pay the seller on the due date.
Seller Is exposed to a hIgh degree of rIsk sInce the goods are
under the control of the buyer.
ThIs type of tradIng requIres a hIgh degree of trust between
buyer and seller and thIs method Is more advantageous to the
buyer.
ThIs method Is also known as consIgnment sale or on account
sales.
Letters of CredIt
What Is Letter of CredIt [LCj!
Under letter of credIt mechanIsm the 8ank lends Its name to
the buyer's reputatIon by undertakIng on buyer's behalf that It
wIll pay the seller provIded seller presents Its claIm/documents
strIctly In terms of the undertakIng gIven by the 8ank on behalf
of buyer.
As per the UCP0C 600 defInItIon of LC Is gIven as under
CredIt" means any arrangement, however name and
descrIbed, that Is Irrevocable and thereby constItutes a
defInIte undertakIng of the IssuIng bank to honour a complyIng
presentatIon.
Letters of CredIt
What Is Letter of CredIt [LCj!
Honour means:
a. To pay at sIght If the credIt Is avaIlable by sIght payment.
b. To Incur a deferred payment undertakIng and pay at
maturIty If the credIt Is avaIlable by deferred payment.
c. To accept a bIll of exchange ('draft') drawn by the
benefIcIary and pay at maturIty If the credIt Is avaIlable
by acceptance.
PresentatIon means eIther the delIvery of documents under a
credIt to the IssuIng bank or nomInated 8ank or the documents
so delIvered.
Letters of CredIt
Why an exporter shouId InsIst on LC as a payment
term!
LC open doors to InternatIonal trade by provIdIng a secure
mechanIsm for payment upon fulfIllment of contractual
oblIgatIons.
A bank Is substItuted for the buyer as the source of payment
for goods or servIces exported.
The IssuIng bank undertakes to make payment, provIded all
the terms and condItIons stIpulated In the LC are complIed
wIth.
Letters of CredIt
Why an exporter shouId InsIst on LC as a payment
term!
FInancIng opportunItIes, such as preshIpment fInance secured
by a LC and/or dIscountIng of accepted drafts drawn under LC,
are avaIlable In many countrIes.
8ank expertIse Is made avaIlable to help complete trade
transactIons successfully.
Payment for the goods shIpped can be remItted to your own
bank or a bank of your choIce.
Letters of CredIt
How It Is benefIcIaI to the Importer!
Payment wIll only be made to the seller when the terms and
condItIons of the letter of credIt are complIed wIth.
The Importer can controI the shIppIng dates for the goods
beIng purchased.
Cash resources are not tIed up.
Letters of CredIt
Who are the partIes to the LC!
ApplIcant/8uyer on whose behalf LC Is opened [Importer]
8enefIcIary/Seller In whose favour the LC Is opened
[exporter]
DpenIng 8ank whIch opens/establIshes the LC
AdvIsIng 8ank whIch advIses the LC
ConfIrmIng 8ank whIch confIrms the LC
NegotIatIng 8ank normally benefIcIary's bank
FeImbursIng 8ank whIch normally maIntaIns nostro account of
the openIng bank and reImburses the negotIatIng bank.
Letters of CredIt
Types of LC:
IrrevocabIe LC:
W Cannot be amended or cancelled wIthout the consent of the
IssuIng bank, the confIrmIng bank, If any, and the
benefIcIary.
ConfIrmed CredIt:
W When a confIrmIng bank has added Its confIrmatIon by way
of an addItIonal undertakIng to make payment at the
specIfIc request of the ssuIng 8ank, It becomes a confIrmed
credIt. AII credIts need not be confIrmed credIts.
Letters of CredIt
Types of LC:
UnconfIrmed credIt:
An unconfIrmed LC Is one to whIch the bank does not add Its
confIrmatIon, and thereby, does not accept lIabIlIty to make
payment under the LC.
TransferabIe credIt:
W A LC Is transferable only If the ssuIng 8ank expressly
desIgnates It.
W The 8enefIcIary In such credIt has the rIght to request the
nomInated bank to transfer the credIt In full or parts In
favour of one or more second benefIcIarIes If partIal
shIpment Is permItted.
Letters of CredIt
Types of LC:
ack-to-ack CredIt:
W n case If the exporter Is not the actual manufacturer and
he gets hIs work done by the subsupplIers and If the sub
supplIers demands LC In theIr favour, the exporter who has
receIved a letter of credIt for export, approaches hIs banker
to establIsh second set of letters of credIt on the basIs of
the export letter of credIt receIved by hIm.
W The second set of CredIt opened by a bank at the request of
the exporter Is known as backtoback credIt.
W The benefIcIary of the orIgInal letter of credIt wIll become
the applIcant for the second set of credIt.
Letters of CredIt
Types of LC:
PevoIvIng CredIt:
W n a FevolvIng CredIt the amount of drawIng Is reInstated
and made avaIlable to the benefIcIary agaIn unto the
agreed perIod of tIme on notIfIcatIon of payment by the
applIcant or merely on submIssIon of documents.
W The maxImum value and perIod unto that the CredIt can be
revolved wIll be specIfIed In the FevolvIng CredIt.
W The reInstatement clause and the maxImum amount of
drawIngs under the credIt should always be Incorporated In
FevolvIng credIt.
Letters of CredIt
Types of LC:
0eferred Payment CredIts and Acceptance CredIts:
Under 0eferred Payment CredIt the amount Is payable In
Installments for a stIpulated longer perIod. Usually a part Is
paId In advance and the balance Is payable In agreed
Installments In terms of condItIons of the LC.
Letters of CredIt
STAN0Y LETTEP DF CPE0IT:
Standby credIt Is payable only on default of the buyer.
UndertakIng of the bank wIll specIfIcally commIt payment only
In case of the default of the buyer. t can be treated as a
guarantee for payment only In case the buyer faIls to pay.
Standby credIts are useful not only In trade related transactIons
but In any of transactIons where there Is a possIbIlIty of default
lIke loan repayment.
Procedure
8uyer and seller agree to conduct busIness. The seller
wants a letter of credIt to guarantee payment.
8uyer applIes to hIs bank for a letter of credIt In favor
of the seller.
8uyer's bank approves the credIt rIsk of the buyer,
Issues and forwards the credIt to Its correspondent
bank (advIsIng or confIrmIng). The correspondent bank
Is usually located In the same geographIcal locatIon as
the seller (benefIcIary).
Procedure
AdvIsIng bank wIll authentIcate the credIt and forward the orIgInal
credIt to the seller (benefIcIary).
Seller (benefIcIary) shIps the goods, then verIfIes and develops the
documentary requIrements to support the letter of credIt.
0ocumentary requIrements may vary greatly dependIng on the
perceIved rIsk Involved In dealIng wIth a partIcular company.
Seller presents the requIred documents to the advIsIng or
confIrmIng bank to be processed for payment.
AdvIsIng or confIrmIng bank examInes the documents for
complIance wIth the terms and condItIons of the letter of credIt.
Procedure
f the documents are correct, the advIsIng or confIrmIng bank wIll
claIm the funds by:
0ebItIng the account of the IssuIng bank.
WaItIng untIl the IssuIng bank remIts, after receIvIng the documents.
FeImburse on another bank as requIred In the credIt.
AdvIsIng or confIrmIng bank wIll forward the documents to the
IssuIng bank.
ssuIng bank wIll examIne the documents for complIance. f they
are In order, the IssuIng bank wIll debIt the buyer's account.
ssuIng bank then forwards the documents to the buyer.
Sr. No.
ParticuIars Amount in Rs.
1 Basic Cost (A) AV 100.00
2 Basic Customs Duty (B) 10.00
(A + B) = C 110.00
3 Rate of Excise (CVD) (a) 15.4
4 Rate of Education cess 2% on CVD (b) 0.308
Rate of High & Sec. Edu. Cess 1% on CVD (b1) 0.154
5 Rate of Excise cess (Additional Duty) (a+b+b1) =D 15.862
(C+D) Total 125.862
6 Total Customs Duty 25.862
7 Edu. Cess 2% on Total Customs Duty 0.51724
8 Higher & Sec. Cess @ 1% on Total Customs Duty 0.25862
9 Total Customs Duty ncl. Cess 26.63786
10 126.63786
11 Additional Customs Duty @4% 5.0655144
12 Grand DutyTotal After Adding Cus. Duty @ 4% 31.7033
LIst of Customs PuIes and
PeguIatIons
CheckIIst
WhIle fIlIng of 8Ill of Entry, one must always comply wIth followIng
detaIls:
HS Code - proper classIfIcatIon
0eclaratIons
7aluatIon as per CUSTD|S 7ALUATDN (0ETEF|NATDN DF
PFCE DF |PDFTE0 CDD0S) FULES, 1988
AuthorIsatIon No. E 0ate
Customs NotIfIcatIons No. E 0ate
Fate of 0uty and 0uty calculatIons
ForeIgn Exchange Fate
Country of DrIgIn
C| No. E 0ate
ContaIner No.
Export CIearance Procedure
CHA receIves the foIIowIng Export 0ocuments aIong wIth the Cargo:
W nvoIce
W PackIng LIst
W ExcIse nvoIce
W ShIppIng 8Ill (Exchange Control Copy )
W S0F Form
W ShIppers 0eclaratIon Form
W nspectIon CertIfIcate / Test Feport
W Export LIcence If any
W AFE (DrIgInal - WhIte E 0uplIcate 8uff colored) (|entIonIng LUT
reference no. If cleared under LUT/ or FC entry no If duty Is debIted)
W Copy Df Export Contract / Letter of CredIt / Export Drder
W Customs generally Is not much bothered about last two poInts
Contd...
Contd...
CHA gets the |ate FeceIpt only after the EC| Is fIled wIth Customs. CHA has to
agaIn approach to the Customs AppraIser wIth all export documents together
wIth |ate FeceIpt E the copy of EC| for hIs sIgnatures on the followIng
documents :
EP copy of the shIppIng bIll - FequIred for 0CFT as proof of completIon of
Export DblIgatIon.
AFE - DrIgInal (WhIte) Copy of the shIppIng 8Ill - FequIred for fIlIng the Febate
claIm to the ExcIse AuthorItIes.
AFE - 0uplIcate (8uff) - FequIred for claImIng Febate claIm benefIt / as a proof
of Export to ExcIse AuthorItIes. t Is handed over by Customs In Tamper proof
sealed cover, whIch Is to be submItted as It Is to ExcIse AuthorItIes.
Exporter must InsIst CHA to get the above saId documents maxImum wIthIn J0
days so as to close the Advance AuthorIsatIon and claIm Export benefIts lIke
0EP8/0FA/0uty 0rawback at 0CFT E ExcIse Febate ClaIm from ExcIse 0ept.
Check Sheets
WhIle fIlIng of ShIppIng bIll one must
always comply followIng detaIls:
HS Code - proper classIfIcatIon
0eclaratIons
LIcence No. E 0ate
Customs NotIfIcatIons No. E 0ate
Terms of Payment
ForeIgn Exchange Fate
Country of DrIgIn
VarIous Export PromotIon
Schemes
Export and TradIng Houses
Export House
Export Performance based Scheme.
|erchant, |anufacturer, ServIce
ProvIder, EDUs, EHTPs, STPs,
8TPs, SEZs, AEZs can apply for Star
Export House CertIfIcate.
The applIcant has to make
applIcatIon dependIng on hIs total
FD8/FDF export performance
durIng the current plus the
prevIous three years (taken
together) upon exceedIng lImIt
[gIven In the table at rIght].
For Export House (EH) Status,
export Performance Is necessary In
at least two out of four years (I.e.,
Current plus prevIous three
years)." The crIterIa Is
Export House
A Status Holder shall be elIgIble for the followIng
facIlItIes:
AuthorIsatIon and Customs clearances for both Imports
and exports on selfdeclaratIon basIs;
FIxatIon of nputDutput norms on prIorIty wIthIn 60 days;
ExemptIon from compulsory negotIatIon of documents
through banks. FemIttance / FeceIpts, however, would
be receIved through bankIng channels;
100 retentIon of foreIgn exchange In EEFC account;
Contd
Export House
Enhancement In normal repatrIatIon perIod from 180 days
to J60 days;
ExemptIon from furnIshIng of 8C In Schemes under FTP;
and
SEHs and above shall be permItted to establIsh Export
Warehouses, as per 0oF guIdelInes.
haIntenance of Accounts:
True and proper account of exports and Imports are to be
maIntaIned durIng the valIdIty perIod and three years
thereafter.
Focus harket Scheme [FhSj
Advance AuthorIsatIon
SIDNlAdhoc Norm: FatIo of Input and output whIch
permIt allowable wastages - maInly related to
productIon process.
Wastage: Fecoverable/Nonrecoverable - effect of
wastage In fIxIng of norms.
VaIue addItIon: PosItIve 7alue AddItIon - 7alue addItIon
Is a concept where It Is expected that the exports
agaInst Advance AuthorIsatIon should result In
addItIonal earnIng of foreIgn exchange.
Advance AuthorIsatIon
ExemptIon from payment of
8asIc Customs 0uty
AddItIonal Customs 0uty
EducatIon Cess
AntIdumpIng 0uty If any
Safeguard 0uty If any
Advance AuthorIsatIon
Advance AuthorIsatIon can be Issued eIther to a
manufacturer exporter or merchant exporter tIed to
supportIng manufacturer(s):
I) for PhysIcal exports (IncludIng exports to SEZ);
and/or
II) for ntermedIate supplIes; and /or
III) for deemed exports
Iv) supply of shIp stores on board of the foreIgn goIng
vessel/aIrcraft subject to the condItIon that there Is
specIfIc SDN In respect of the Item(s) supplIed.
Subject to actual user condItIon
Advance AuthorIsatIon
TransferabIIIty:
Advance AuthorIsatIon and/or materIals Imported there
under wIll be wIth actual user condItIon.
t wIll not be transferable even after completIon of
export oblIgatIon.
Advance AuthorIsatIon
Export DbIIgatIon [EDj:
ED Is Imposed to Safeguard Fevenue foregone by way of gIvIng
exemptIon.
Two lImItIng factors - uantIty and VaIue.
To be fulfIlled In 24 months
Any shortfall Is requIred to be regularIzed by payIng applIcable
duty plus Interest on unutIlIsed Inputs and penalty If any.
Import EntItIement:
LImIted by uantIty and VaIue.
mport Is to be completed In 24 months.
Actual User CondItIon applIed.
Advance AuthorIsatIon
Port of PegIstratIon:
To facIlItate accountIng of duty exempted.
AuthorIsatIon need to be regIstered at the specIfIed port
The authorIsatIon holder Is permItted to Import only through
regIstered port unless permIssIon [TFA] Is taken from the
Customs AuthorIty.
Exports can take place from any port.
Port of regIstratIon Is specIfIed In Para 4.19 of the H8P.
Advance AuthorIsatIon
Enhancement or PeductIon In the AuthorIsatIon VaIue:
The reason of
W Enhancement - sudden Increase In export order
W FeductIon Export order may get cancelled
ProvIsIon Is made for enhancement or reductIon on prorata basIs
ExtensIon of Export DbIIgatIon PerIod [EDPj:
The perIod of fulfIllment of export oblIgatIon under an Advance
AuthorIsatIon wIll commence from the authorIsatIon Issue date.
Contd..
Advance AuthorIsatIon
ExtensIon of Export DbIIgatIon PerIod [EDPj:
1st ExtensIon for 6 months - subject to payment of composItIon
fees of 2 of the duty saved on all the unutIlIzed Imported Items
as per authorIsatIon.
2nd ExtensIon for 6 months - subject to payment of composItIon
fees of 5 of the duty based on all unutIlIzed Imported Items as
per AuthorIsatIon.
Advance AuthorIsatIon
PevaIIdatIon:
Dnly one revalIdatIon of 6 months Is allowed
FuIfIIIment of Export DbIIgatIon:
Export oblIgatIon Is to be fulfIlled by the Advance AuthorIsatIon
Holder.
Dnce the export oblIgatIon Is fulfIlled In terms of value and
quantIty both, the lIcence holder needs to submIt documents as
per ANF 4F of Handbook of Procedures 7ol. (H8P) In support of
havIng fulfIlled the ED.
Contd..
Advance AuthorIsatIon
PedemptIon:
n case the export oblIgatIon has been fulfIlled, the FegIonal
AuthorIty wIll redeem the case.
After redemptIon, the FegIonal AuthorIty wIll forward a copy of the
redemptIon letter to the Customs AuthorIty at the port of
regIstratIon.
0Ischarge of ClLUT:
8efore dIschargIng 8C/LUT,
W In case of physIcal exports, Customs wIll verIfy all the detaIls as
gIven In FedemptIon Letter as per theIr records.
W In case of IntermedIate supplIes and deemed exports, Customs
wIll verIfy detaIls of supplIes from the Central ExcIse
AuthorIty/8ond DffIcer.
After verIfIcatIon, Customs wIll dIscharge 8C/LUT wIthIn J0 days of
Issuance of ED0C/bond waIver by the FegIonal AuthorIty.
Advance AuthorIsatIon
PenaIty for ShortfaII:
Contd..
SItuatIon PenaIty
ED Is fulfIlled In terms
of 7alue but shortfall In
quantIty
A. Customs duty on unutIlIzed Imported
materIal along wIth Interest as notIfIed.
8. f the unutIlIzed materIal Is restrIcted for
Imports as per TC(HS) on the date of
Imports then the AuthorIsatIon holder has to
pay an amount equIvalent to J of CF value
of unutIlIsed Imported materIal.
AuthorIsatIon holder shall also be requIred
to obtaIn a separate authorIsatIon for
regularIsatIon of excess Imported Input.
No such penalty In case of Imported Item Is
freely permIssIble.
Advance AuthorIsatIon
PenaIty for ShortfaII:
SItuatIon PenaIty
ED Is fulfIlled In terms of
QuantIty but shortfall In
value
A. No penalty Is Imposed If the lIcence
holder has achIeved posItIve value
addItIon.
8. n case If posItIve value addItIon falls
below the mInImum 7A amount equal to
1 of shortfall In FD8 value In ndIan
Fupee through TF In authorIsed branch of
Central 8ank of ndIa as above or through
EFT mode.
Contd.
Advance AuthorIsatIon
PenaIty for ShortfaII:
Contd..
SItuatIon PenaIty
ED Is fulfIlled In
terms of QuantIty
but shortfall In
value
7alue wIse shortfall shall be calculated wIth
reference to actual quantIty of exports and FD8
value of realIsatIon wIth reference to prorata
quantIty of Imports and CF value.
E.g. If export performance Is only 50 quantIty
wIse but Import has been for complete CF
value permItted, then value addItIon would be
calculated on a prorata basIs, I.e wIth reference
to 50 of CF value of Imports.
ThIs would accordIngly Imply that where
AuthorIsatIon holder Is unable to export, no
penalty on value wIse shortfall shall be
Imposed.
Advance AuthorIsatIon
PenaIty for ShortfaII:
SItuatIon PenaIty
n case where ED Is not
fulfIlled In terms of value
and quantIty both
As per the above provIsIons.
Where no export and Import
Is done agaInst AuthorIsatIon
AuthorIsatIon holder can cancel the
AuthorIsatIon and apply for 0rawback
after obtaInIng permIssIon from
Customs AuthorIty for conversIon of
0EEC ShIppIng bIlls Into 0rawback
ShIppIng 8Ills.
IndIgenous Procurement
Feasons for optIng out In favour of IndIgenous
procurement:
Shorter delIvery tIme
LogIstIcal advantages
FInancIal ease (local supplIer may not InsIst on letter of credIt)
The same materIal may be avaIlable at cheaper cost If the
supplIer Is In a posItIon to claIm benefIts avaIlable under
deemed exports.
PossIbIlIty of InspectIng the cargo (sInce the supplIer Is wIthIn
the country, there Is comparatIve ease to Inspect the cargo)
ndIgenous procurement Is free of currency rIsk sInce payment
can be made In ndIan Fupees.
IndIgenous Procurement
Instruments:
Advance AuthorIsatIon [for ntermedIate SupplIes]
Advance AuthorIsatIon [for 0eemed Exports]
Advance Felease Drder
8ackto8ack Letter of CredIt
Dther ProvIsIons
FIxatIon of Norms:
Where SDN for export product Is not fIxed, advance
authorIsatIon can be obtaIned on selfdeclaratIon basIs.
The norms are fIxed by Norms CommIttee [based on Chartered
EngIneer's certIfIcate] wIth or wIthout modIfIcatIon.
n case where Norms CommIttee has already ratIfIed norms for
same export and Import products In respect of an AuthorIsatIon
obtaIned under paragraph 4.7, the FA wIll Issue AuthorIsatIon
under 'Ad hoc Norms fIxed' category.
Dther ProvIsIons
StandardIsatIon of Norms:
Norms are fIxed by Norms CommIttee and cIrculated to Industry
by way of publIc notIce.
Standard norms are applIcable to entIre Industry.
Such norms are fIxed normally when atleast three applIcatIons
are receIved from dIfferent entItIes for the same export
product.
Such norms are fIxed on an average wastage basIs.
However, the authorIsatIon holder has to account for actual
consumptIon.
Dther ProvIsIons
hodIfIcatIon of Norms:
AuthorIsatIon Holder can modIfy the exIstIng SDN.
The reasons for modIfIcatIons are
W 0ue to InclusIon of Inputs not avaIlable under SDN.
W 0Ifference In ConsumptIon ratIo - more/less wastages.
W 0ue to greater effIcIency In the manufacturIng process.
W Where manufacturIng Is possIble by usIng alternate Inputs.
Dther ProvIsIons
FacIIIty of CIubbIng:
The facIlIty of clubbIng shall be avaIlable only for
redemptIon/regularIsatIon of the cases.
No further Import or export Is allowed.
For thIs facIlIty, authorIsatIons are requIred to have been
Issued under sImIIar Customs notIfIcatIon even pertaInIng to
dIfferent fInancIal years.
However In case of authorIsatIons Issued In 200409 perIod,
Advance AuthorIsatIons of dIfferent customs notIfIcatIon can be
clubbed.
CorrespondIng Customs
NotIfIcatIons
91/2004CUSTD|S dated 10th September, 2004
Advance AuthorIsatIon for deemed export
9J/2004CUSTD|S dated 10th September, 2004
Advance AuthorIsatIon
94/2004CUSTD|S dated 10th September, 2004
Advance AuthorIsatIon for Annual FequIrement
0uty Free Import
AuthorIsatIon
0EP
AddItIonal customs duty / ExcIse 0uty and SpecIal AddItIonal 0uty
paId In cash or through debIt under 0EP8 may also be adjusted as
CEN7AT CredIt or 0uty 0rawback as per 0oF rules
The 0TA supplIer can claIm 0EP8, In case where supplIes are made
to SEZ 0eveloper/SEZ unIts and payment receIved from ForeIgn
currency account of SEZ 0eveloper/SEZ unIt.
0EP8 and/or Items Imported agaInst It are freely transferable.
Transfer of 0EP8 shall however be for Import at specIfIed port,
whIch shall be the port from where exports have been made.
0EP
TransferabIe 0EP8 wIll be Issued only where the
payment Is receIved or shIpment Is made agaInst
confIrmed IrrevocabIe letter of credIt or
bIll of exchange Is uncondItIonally AvalIsed/ Co
Accepted/ Cuaranteed by a bank and the same Is
confIrmed by the exporters bank and certIfIed by the
bank In the relevant 8ank certIfIcate of export and
FealIsatIon.
n other cases, Nontransferable 0EP8 wIll be Issued.
Dnce the export proceeds receIved, the same 0EP8
shall be made transferable.
0EP
TIme perIod: The applIcatIon for obtaInIng 0EP8 shall be fIled
wIthIn a perIod of twelve months from the date of exports or
wIthIn sIx months from the date of realIzatIon or
wIthIn three months from the date of prIntIng/ release of
shIppIng bIll,
whIchever Is later, In respect of shIpments for whIch the claIm
have been fIled.
0EP
Customs VerIfIcatIon:
ShIppIng bIIIs Issued before 01.10.2005 and non-E0I ShIppIng
bIIIs wIll be verIfIed by Customs before allowIng Import.
n case of E0I shIppIng bIIIs Issued on or after 1-10-2005 from
E0 ports whIch are beIng transmItted electronIcally by
Customs to 0CFT, the 0EP8s Issued shall be sent to Customs at
the port of regIstratIon through an electronIc message
exchange system and the 0EP8 shall be regIstered at the port
of regIstratIon electronIcally.
No verIfIcatIon of shIppIng bIlls agaInst whIch such 0EP8s have
been Issued, wIll be requIred before allowIng Imports agaInst
these 0EP8s.
0EP
Present harket VaIue:
f 0EP8 rate Is 10 or more, the amount of credIt agaInst
export product should not exceed 50 of the Present |arket
7alue (P|7) and a declaratIon to thIs effect has to be gIven on
the ShIppIng 8Ill at the tIme of makIng the shIpment under
0EP8 scheme.
The P|7 consIsts of applIcable excIse dutIes, sales tax, octroI,
etc and therefore normally J0 more than FD8 value of
exports.
0EP
VaIue Cap:
There Is a system of value cap where IrrespectIve of the value
realIzed agaInst per unIt quantIty of export product, the 0EP8
Is gIven only upto a specIfIed value.
Let us say, the value cap Is Fs. J0/kg and the rate of 0EP8 Is
10. Even If exporter achIeves a rate of Fs. 40 FD8/kg, he
would not be entItled to claIm 0EP8 on Fs. 40/as value cap
restrIcts such entItlement at Fs. J0/kg.
0EP
PDSITIVE PDINTS DF 0EP SCHEhE
The credIt entItlement Is expressed as a percentage of FD8
value and therefore It represents the amount of duty credIt
avaIlable for debIt In Fupee terms.
SInce 0EP8 Is not a lIcence but an Instrument of duty credIt, It
Is free of nexus wIth respect to Item exported and Item
Imported.
Contd
0EP
PDSITIVE PDINTS DF 0EP SCHEhE
t Is also possIble that an exporter of readymade garments
gets hIs 0EP8 at a specIfIed rate and sells It to another person
who mIght Import chemIcals by usIng 0EP8 for debIt of duty.
Hence, acceptabIlIty of 0EP8 Is hIgher compared to any other
Instrument.
0EP8 offers flexIbIlIty because It can be utIlIzed for debIt of
duty agaInst any freely permIssIble Item.
0EP
NECATIVE PDINTS DF 0EP SCHEhE
SInce calculatIon of 0EP8 rate Is not based on the
actual customs duty lost, It may not be compatIble
wIth WTD rules.
WIth IncreasIng exports the amount of 0EP8 also
goes up. To thIs extent, the customs have to
forego actual duty receIpts In cash.
CorrespondIng Customs
NotIfIcatIon
89/2005CUSTD|S dated 4th Dctober, 2005
0uty 0rawback
0uty 0rawback
heanIng Scope
0uty 0rawback" In relatIon to the export of IndIgenously
manufactured goods, means refund of dutIes paId on :
Faw materIals,
Component parts, and
PackIng materIals.
consumed In the productIon and export thereof and now also on
goods processed or on whIch any operatIon has been carrIed out In
ndIa. These dutIes may be dutIes of Customs paId on Imported
materIals and / or dutIes of Central ExcIse paId on IndIgenous
materIals.
0rawback Is not admIssIble In respect of duty paId on goods
exported under claIm of rebate of duty In terms of Fule 18 of
Central ExcIse Fules, 2002.
0uty 0rawback
No 0rawback where vaIue addItIon Is NegatIve
f the total foreIgn exchange spent on Inputs used In
the goods exported Is more than the F.D.8. value of the
exports, them no drawback wIll be paId.
No 0rawback If SaIe proceeds not reaIIsed wIthIn
TIme LImIt
Newly Inserted rule 16A of the Customs E Central
ExcIse 0utIes (0rawback) Fules, 1995 has made a
provIsIon for recovery of amount of drawback where
export proceeds are not realIsed wIthIn the perIod
allowed under the ForeIgn Exchange FegulatIon Act,
197J IncludIng any extensIon of such perIod.
0uty 0rawback
0rawback not handatory
Under SectIon 75 of the Customs Act, 1962, It Is
dIscretIonary wIth the Central Covernment to allow
drawback on goods manufactured In ndIa and exported
outsIde ndIa. Therefore, It cannot be saId that It Is
mandatory for the Covernment to grant drawback on
all goods manufactured In ndIa for export out of ndIa.
0rawback not AdmIssIbIe If Cenvat AvaIIed of
n case where exporters has avaIled CEN7AT credIt
under Fule of Cenvat CredIt Fules, 2002, they wIll not
get benefIt of duty drawback on Central ExcIse
AllocatIon.
0uty 0rawback
Types of 0rawback Pate 0etermInatIon
AII Industry Pate of 0rawback
The one whIch Is based upon determInatIon of average
IncIdence of dutIes suffered on Inputs used In the
manufacture of the product exported as manufactured
generally, such rates of 0rawback whIch are determIned
In terms of Fule J of 0rawback Fules, 1995 are known as
All Industry Fates" of 0rawback.
0uty 0rawback
Types of 0rawback Pate 0etermInatIon
rand Pate
The second provIsIon seeks to gIve relIef of actual amount
of dutIes suffered on the Inputs (not rebated/ relIeved
otherwIse) used In the manufacture of export product of
specIfIed descrIptIon/ characterIstIcs of a partIcular
manufacturer. ThIs rate determInatIon Is known as 8rand
Fate fIxatIon.
0uty 0rawback
Types of 0rawback Pate 0etermInatIon
SpecIaI rand Pate
Where any manufacturer/exporter fInds that the All
ndustry Fate of 0rawback fIxed for any class of goods Is
less than 4/5th of the dutIes paId on the materIals or
components used In the productIon/manufacture of the
goods he can make an applIcatIon for fIxatIon of an
approprIate rate of duty drawback for hIs product of
specIfIed descrIptIon/characterIstIc.
0uty 0rawback
Procedure for fIxatIon of rand Pate
A new procedure has been Introduced for fIxatIon of brand rate vIa
C8EC CIrcular No. 14 dtd. 06.0J.200J.
Further amendments have been made to thIs cIrcular vIa the
followIng cIrculars:
8JC8EC dtd. 18.09.200J
89C8EC dtd. 06.10.200J
97C8aEC dtd. 14.11.200J
108C8EC dtd. 17.12.200J
EPCC
n case C70 Is paId In cash on Imports under EPCC, the
IncIdence of C70 would not be taken for computatIon
of net duty saved provIded the same Is not Cenvated.
EPCC
Imports under EPCC:
The capItal goods, IncludIng
W spares (IncludIng refurbIshed/recondItIoned spares),
W tools,
W jIgs,
W fIxtures,
W dIes and moulds.
Second hand capItal goods wIthout any restrIctIon on age may
also be Imported under the EPCC scheme.
EPCC
Imports under EPCC:
Import of Spares:
Spares (IncludIng refurbIshed / recondItIoned spares), tools,
spare refractorIes and catalyst for exIstIng plant and
machInery (Imported earlIer, under EPCC or otherwIse) Is
allowed to be Imported subject to an export oblIgatIon
equIvalent to 8 tImes of duty saved to be fulfIlled In 8 years
reckoned from AuthorIsatIon Issue date.
EPCC
Imports under EPCC:
Import of spares:
W The applIcatIon shall contaIn lIst of plant/ machInery
Installed In the factory/ premIses of applIcant, duly
certIfIed by Chartered EngIneer or JurIsdIctIonal Central
ExcIse AuthorItIes.
W EPCC AuthorIsatIon must IndIcate the followIng:
- Name of plant/machInery for whIch spares are
requIred.
- 7alue of duty saved allowed under the AuthorIsatIon.
- 0escrIptIon of product to be exported wIth value of
export oblIgatIon as per the PolIcy.
EPCC
Imports under EPCC:
Import of spares:
W The InstallatIon certIfIcate shall be submItted by the
Importer wIthIn a perIod of three years from the date of
Import. [provIsIon Inserted vIde PN ND. 22/2007 (FE)
0T0.17.07.2007].
W At the tIme of fInal redemptIon of export oblIgatIon
AuthorIsatIon holder wIll have to submIt certIfIcate from
the ndependent Chartered EngIneer confIrmIng the use of
spares, tools, spare refractorIes and catalysts In the
Installed capItal goods on the basIs of stock E consumptIon
regIster maIntaIned by AuthorIsatIon holder.
EPCC
EIIgIbIIIty:
The scheme covers manufacturer exporters wIth or
wIthout supportIng manufacturer(s)/ vendor(s),
merchant exporters tIed to supportIng manufacturer(s)
and servIce provIders.
CondItIons for Import of CapItaI Coods:
mport of capItal goods Is subject to Actual User
condItIon tIll the export oblIgatIon Is completed.
EPCC
IncentIves for Fast Track CompanIes:
n cases where the AuthorIsatIon holder has fulfIlled
75 or more of the export oblIgatIon under the
Scheme (IncludIng average level of exports) In half or
less than half the orIgInal export oblIgatIon perIod
specIfIed In the AuthorIsatIon, the remaInIng export
oblIgatIon Is condoned and the AuthorIsatIon
redeemed by the lIcensIng authorIty concerned.
EPCC
IndIgenous SourcIng of CapItaI Coods
A person holdIng an EPCC AuthorIsatIon may source the
capItal goods from a domestIc manufacturer Instead of
ImportIng them.
The domestIc manufacturer supplyIng capItal goods to EPCC
AuthorIsatIon holders are elIgIble for deemed export benefIts
W Advance AuthorIsatIon for crItIcal components or raw
materIals or 0eemed Export 0rawback.
and
W Fefund of termInal excIse duty.
The domestIc sourcIng from EDU unIt Is also permItted. Such
supply by EDU wIll be counted for the purpose of fulfIllment
of NFE.
EPCC
FuIfIIIment of Export DbIIgatIon:
Export DblIgatIon Is 8 tImes of duty saved amount and It
Is to be fulfIlled over a perIod of 8 years.
lock-wse mantenance oj mnmum exort oblyaton
has been dsensed wth n the recent Annual
Udaton oj FTP.
EPCC
CondItIons for FuIfIIIment of Export DbIIgatIon [EDj:
FollowIng exports Is to be consIdered for fulfIllment of ED
W Export oblIgatIon shall be fulfIlled by export of goods,
manufactured / servIces rendered by the applIcant. There
s no co-relaton to be establshed]
W ProductIon corelatIon wIth Imported plant and machInery
under EPCC under EPCC Is no more requIred.
W 0Irect and thIrd party exports.
W Export proceeds to be realIzed In freely convertIble
currency except for deemed exports.
Contd...
EPCC
CondItIons for FuIfIIIment of Export DbIIgatIon [EDj:
W haIntenance of Average:
The export oblIgatIon under the scheme has to be, over and
above, the average level of exports achIeved by
AuthorIsatIon Holder In the precedIng three lIcensIng years.
Such average would be the arIthmetIc mean of export
performance In last J years.
However, certaIn categorIes such as handIcraft, handlooms,
cottage and tIny IndustrIes, agrIculture, etc. except
servIces are exempted from maIntenance of average as per
the provIsIon of Para 5.7.6 of H8P 71.
Contd...
EPCC
CondItIons for FuIfIIIment of Export DbIIgatIon [EDj:
Export oblIgatIon may also be fulfIlled by exports of group
company whIch has EPCC AuthorIsatIon.
However, In such cases, addItIonal export oblIgatIon
Imposed shall be over and above average exports
achIeved by unIt / company / group company In
precedIng three years, despIte exemptIon In Para 5.7.6 of
H8P v1.
For thIs purpose, average would be based on prevIous
export of goods and servIces put together.
Contd...
EPCC
CondItIons for FuIfIIIment of Export DbIIgatIon [EDj:
ShIpments under Advance AuthorIsatIon, 0FFC, 0FA, 0EP8 or
0rawback scheme would also count for fulfIllment of EPCC
export oblIgatIon.
The supplIes made to the DIl and Cas sector can be counted
towards dIscharge of ED provIded the AuthorIsatIon has been
Issued on or before J1.J.2000 and no deemed exports benefIt
has been claImed on such supplIes.
Contd...
EPCC
CondItIons for FuIfIIIment of Export DbIIgatIon [EDj:
ForeIgn exchange counted towards fulfIllment of export
oblIgatIon (over and above the average) shall not be
elIgIble for IncentIves / rewards under promotIonal
measures / schemes.
herever more than one EPC authorsatons are
ssued smultaneously or concurrently, jresh EPC
authorsaton would buld uon last averaye
exort oblyaton only, notwthstandny actual
achevements.
Contd...
EPCC
CondItIons for FuIfIIIment of Export DbIIgatIon [EDj:
Foyalty payments receIved In freely convertIble currency and
foreIgn exchange receIved for FE0 servIces shall also be
counted for dIscharge under EPCC.
Payment receIved In rupee terms for port handlIng servIces, In
terms of Chapter 9 of FTP shall also be counted for export
oblIgatIon dIscharge.
Contd...
EPCC
haIntenance of Average Export under EPCC:
ExampIe:
Let us say:
Average Exports - Fs. 20 crores
0uty saved amount - Fs. 10 crores
The ED Is In addItIon to maIntaInIng the annual average
for the same or sImIlar product. f your average Is Fs.
20 crore and duty saved amount Is Fs. 10 crore your
total oblIgatIon would be as under:
Contd...
Year Average
to be
maIntaIn
ed
Fs. n
crore
AddItIonal export
oblIgatIon
Fs. In crore
Actual Exports say
Total exports
Fs. In crore
Dffered
towards
annual
average
Fs. In crore
Dffered
towards
addItIonal
ED
Fs. In crore
1 20 22 20 2
2 20 25 20 5
20 40 21 20 1
4 20 J0 20 10
5 20 J1 20 11
6 20 J5 20 15
Total
120
=======
44
======
Contd...
Year TotaI
exports
effected
by you
say
[Ps. In
crorej
CaIcuIatIons
1 J0 Average for 4 years (20 X 4) = Fs. 80 crore
75 of addItIonal ED = Fs. 60 crore
(75 of 80 crore)
_____________
Total = Fs. 140 crore
========
2 J0
J J0
4 50
140
====
f your ED Is dIscharged as above, you can redeem your case In the 5th
year Itself.
Contd...
EPCC
ExtensIon of Export DbIIgatIon PerIod:
1st ExtensIon up to 2 years -
W subject to payment of composItIon fees of 2 of the
total duty saved.
DF
W an enhancement In ED Imposed to the extent of 10 of
the total ED.
2nd ExtensIon up to 2 years -
subject to condItIon that 50 of duty payable In
proportIon to the unfulfIlled export oblIgatIon Is paId by
the AuthorIsatIon holder to the Customs authorItIes
before an endorsement of extensIon Is made on the EPCC
AuthorIsatIon by the FegIonal authorItIes.
EPCC
n case the fIrm Is stIll not able to complete the export
oblIgatIon the duty already deposIted wIll be deducted
from the total duty plus Interest to be paId for ED
default.
WaIver of ED may be consIdered where, because of force
majeure or other unforeseen cIrcumstances / reasons,
exporter Is unable to fulfIll export oblIgatIon. Such
requests shall be consIdered by a commIttee comprIsIng
representatIve(s) of 0oC and 0oF under 0CFT. 0ecIsIon of
thIs commIttee shall be notIfIed by 0oF for
ImplementatIon.
EPCC
honItorIng of Export DbIIgatIon:
Progress report on fulfIllment of ED Is to be
submItted by J0
th
AprIl every year.
FegIonal authorIty wIll Issue partIal ED FulfIllment
CertIfIcate to the extent of ED fulfIlled In a
partIcular year.
EPCC
haIntenance of Pecords
Every EPCC AuthorIsatIon holder wIll have to maIntaIn,
for a perIod of J years from the date of redemptIon, a
true and proper account of the exports/supplIes made
and servIces rendered towards fulfIllment of export
oblIgatIon under the scheme.
CorrespondIng Customs
NotIfIcatIon
97/2004CUSTD|S dated 17th September, 2004.
Export DrIented UnIts
[EDUsj
enefIts of EDUs
0uty free Import/procurement of
Faw materIals
CapItal goods
Second hand capItal goods wIthout age lImIt
Except Items prohIbIted under TC (HS)
EDUs operate under system of no lIcence. Hence,
there Is no need of makIng separate applIcatIon for
Advance AuthorIsatIons, whIch ultImately results Into
hassle free operatIons.
Important NotIfIcatIons
NotIfIcatIon No. 52l2003-Cus. dtd. 31.03.2003
ExemptIon to specIfIed goods Imported or procure from
PublIc/PrIvate warehouse or from nternatIonal
exhIbItIons held In ndIa by EDU for productIon or
packagIng or job work for export of goods and servIces
NotIfIcatIon No. 22l2006-Cus. dtd. 01.03.200
AddItIonal duty In lIeu of Sales Tax/7AT - ExemptIon to
specIfIed goods
Important NotIfIcatIons
NotIfIcatIon No. 22l2003-CE dtd. 31.03.2003
ExemptIon to goods brought Into EDU unIts
NotIfIcatIon No. 23l2003-CE dtd. 31.03.2003
ExemptIon to 0TA Clearances of specIfIed goods
produced In EDU
0eemed Exports
0eemed Exports
ThIs Is a specIal facIlIty provIded for supplIes of
IndIgenous products whIch can be consumed ultImately
In the productIon of goods to be exported. The
condItIons are that supplIed goods as It Is do not leave
the country but get consumed In the process of
manufacture, payment for whIch Is receIved In ndIan
Fupees or In foreIgn exchange.
The categorIes elIgIble for deemed exports benefIts are
gIven In Para 8.2 of ForeIgn Trade PolIcy whIch are
lIsted here below:
0eemed Exports
SupplIes to
AuthorIsatIon
Holder
[Adv. Autho./
AAL/
0FA]
SupplIes to
EDUS/
EHTPs/
STPs/
8TPs
SupplIes to
Projects
mportant ProvIsIons
enefIts:
These benefIts are covered under Para 8.J of ForeIgn Trade
PolIcy whIch are as under:
a) Advance AuthorIsatIon/Advance AuthorIzatIon for Annual
FequIrement/0FA.
or
b) 0eemed Exports 0rawback.
c) ExemptIon from termInal excIse duty where supplIes are
made agaInst nternatIonal CompetItIve 8IddIng. n other
cases, refund of TermInal ExcIse duty wIll be gIven.
mportant ProvIsIons
As far as (a) and (b) are concerned, these are mutually exclusIve
because If exemptIon from duty Is claImed, refund cannot be
claImed.
Hence, deemed exporter wIll eIther claIm Advance AuthorIsatIon
for ntermedIate supply/ Advance AuthorIsatIon for deemed
exports/ 0FA or deemed exports duty drawback.
0eemed exports duty drawback can be claImed on the basIs of All
ndustry rate or on the basIs of 8rand rate followIng the
procedure for fIxatIon of brand rate.
The deemed exports duty drawback Is refunded by 0CFT.
mportant ProvIsIons
As far as claImIng of refund of TermInal ExcIse 0uty (TE0) Is
concerned, the same prIncIple applIes.
TermInal ExcIse 0uty need not be paId by the deemed exports
supplIer If the supplIes are gIven to EDU unIts under exemptIon
notIfIcatIon no. 22 dtd. J1.0J.200J (whIch Is commonly known as
CTJ procedure) or when supplIes are made to Advance LIcence
holder under excIse notIfIcatIon no. 44 dtd. 26.06.2001.
n all other cases, deemed export supplIers have to pay TermInal
ExcIse duty and claIm refund, except when supplIes are made
agaInst InternatIonal competItIve bIddIng.
f the recIpIent unIts take CEN7AT credIt of termInal excIse duty,
then also the Covt. wIll not grant refund.
mportant ProvIsIons
n case of deemed exports duty drawback as well as
refund of termInal excIse duty, both are to be claImed
from lIcensIng authorItIes alone.
0eemed exports, per se, are monItored by 0CFT and
ExcIse and not by Customs.
n case of EDU, Fefund of TermInal ExcIse 0uty and
0uty 0rawback must be claImed from the concerned
0evelopment CommIssIoner.
SuppIy to SEZ
0eveIoperlSEZ UnIt
Dther
SEZ UnIt
[Sub-PuIe 15j
InternatIonaI
ExhIbItIon
heId In IndIa
[Sub-PuIe 13j
Procurement
From EDUl
STPlEHTPlTP
[Sub-PuIe 14j
Procurement
wIthIn IndIa
[PuIe 30j
onded
Warehouse
[Sub-PuIe 12j
From 0TA unIt
[Sub-PuIe
1 to 11j
(1)
(2)
(3)
(4)
(5)
Step 1:
0TA unIt wIII cIear the goods from hIs
premIses:
Where export benefIts
are not avaIIed
Where export benefIts
are avaIIed
CIearance wIII be
on the basIs of
1. APE-1,
2. III of Exports
Dn the basIs of APE-1
Contd
Step 3:
efore arrIvaI of goods, AuthorIsed DffIcer [ADj
assess the APE-1 andlor III of Exports, as per
the InstructIons, procedures, IncIudIng examInatIon
norms appIIcabIe to export goods.
It Is mandatory at thIs stage to check whether goods
are requIred for authorIsed operatIons by the SEZ unIt
or SEZ 0eveIoper wIth reference to the Letter of
ApprovaI [LDAj.
Step 2:
ExecutIon of ondlLUT as appIIcabIe In case of normaI
exports
Contd
Step 4:
Dn arrIvaI of goods Into from 0TA to SEZ Cate,
AuthorIsed DffIcer wIII examIne the goods
In respect of partIcuIars gIven In the APE-1, InvoIce,
III of Export and packIng IIst and aIso as per
the examInatIon norms IaId down In respect of
export goods In cases where the goods are beIng
procured under cIaIm of an export entItIement.
Contd
Step 5:
APE-1 andlor III of Exports, as endorsed by AD Is
treated as 'proof of export'.
After the goods are admItted In the SEZ, the copy of
such APE-1 andlor III of Export Is to be submItted
to the JurIs. CentraI ExcIse DffIcer of
0TA suppIIer, wIthIn 45 days.