Customs Procedure
ATA Carnet Exhibition Goods
The following Public
Notice was issued by the Commissioner of Customs (Import) Air Cargo Complex,
Mumbai on 7 June 2012.
[Ref: Public Notice No. 19 /2012 dated 7 June
2012]
Attention
of Importers/Exporters/CHA’s and Trade is
invited to Notification No.
157/1990 – Cus dated 28.03.1990. The clearance of
goods under ATA Carnet is governed by Notification No. 157/1990 – Cus dated 28.03.1990. In terms of notification, goods
described in Schedule I to the notification, when imported into India for
display or use at any event specified in Schedule II or Schedule III to the
Notification, are exempt from the whole of Customs duty and the whole of
additional duty leviable thereon and the Notification
no 158/90-Cus, dated 28.03.90, exempts these goods from auxiliary duty subject
to the following conditions:
1. The
event specified in Schedule II is held in public interest and is sponsored or
approved by the Government of Indian or the Trade Fair Authority of India.
2. The
said goods are imported under an ATA carnet issued in accordance with the Customs
Convection or ATA Carnet for temporary admission and the Carnet is guaranteed
by the Federation of Indian Chamber of Commerce and Industry, which has been
appointed as the ‘Guaranteeing Association’ for ATA Carnet in India
(hereinafter referred to as the ‘Federation’)
3. The
said goods in all respects conform to the description, quantity, quality, value
and other specifications given in the ATA carnet duly certified by the Customs
authorities at the country of exportation.
4. The
said goods shall be exported within a period of six months from the date of
importation.
Provided that where the goods are exported
within the said period of six months and again re-imported ,
the period of six months shall be computed from the date of first clearance.
Provided further that when the Central
Government is satisfied that it is necessary in the public interest so to do,
it may extend the said period for a further period not exceeding six months.
The validity of ATA Carnet shall not in any case exceed one year from the date
of issue.
5. In
the event of failure to export the goods within the period specified in
condition (4), the customs duty leviable on the goods
as on the date of clearance shall be paid by the ‘Federation’
:
Provided that the Federation shall not be
liable to pay the Customs duty in cases where the said goods are sold in
exhibitions or fairs or otherwise disposed of in India or payment of customs
duty with the prior approval of the Government of India(Department
of Revenue). Only such goods will be allowed to be sold as are otherwise
permissible for import onto the country the Import Policy in force at that time
and/ or the buyer holds a valid import license duly endorsed by the Licensing
Authority.
In order to streamline the procedure for
clearance under ATA Carnet, it is hereby prescribed that in addition to the
guidelines provided in the Customs Preventive Manual, the following procedure
shall be followed for day to day workings :
Procedure for Import under
ATA Carnet:
1. In
the event of imports under Carnet, the Appraising Officer (PRO) will first
confirm that the goods are imported for display or for use at Government
approved Exhibitions/Fairs and/or similar events which are covered under
Notification No. 157/1990 – Cus dated 28.03.1990. In
case of goods are not accompanied by an India Trade Promotion Organisation (ITPO) Certificate, prior permission of the Asstt./Deputy Commissioner of
Customs (PRO) must be obtained.
2. Subsequent
to above, Noting on the Carnet may be done by the Import Noting Section.
3. 100%
examination of the goods will be carried out by the officers of the PRO Section
verifying with the details given on the Carnet.
4. The
examination report will be duly recorded in the original Carnet document.
5. Subsequently
assessment of the goods will be carried out by the AO (PRO) and AC/DC (PRO).
6.
The details of the
Carnet will then be recorded by TA/PRO in a register to be maintained in the
PRO Section. The Serial Number of the Entry Register shall be indicated on the
Carnet document retained in the PRO Section.
Procedure
for Re-Export under ATA Carnet:
7. When
the goods imported under ATA Carnet are presented for re-export, Noting will be
allowed by Appraising Officer (PRO), if the re-export is within six month from
the date of imports. In case the six months period has already lapsed, the
noting to be allowed on verification of extension order and/or payment of duty
with the due authorization for the re-export, as the case may be. In any other
case, the matter will be put up to AC/DC (PRO).
8. Once
the Noting is allowed, Noting on the Carnet may be done by the Export Noting
Section.
9. 100%
examination of the goods will be carried out by the officers of the PRO Section
verifying with the details given on the Carnet.
10. The
examination report will be duly recorded in the original Carnet document.
11. The
Examination report establishing the identity of goods, or otherwise, with the
import details will be put up to Appraising Officer (PRO) and Asstt./Deputy Commissioner (PRO)
for final clearance.
12. The
details of the Carnet will then be entered by TA/PRO against the corresponding
import details in the Carnet register as prescribed above and then the Carnet
may be closed. The Serial Number of the Entry Register shall be indicated on
the Carnet document retained in the PRO Section. The officers examining the
Carnet shall ensure that Customs copy of the Carnet document is retained in the
PRO Section. In cases where the import had taken place at some other port , the export details will be recorded in the Carnet
register and a copy of the Carnet will be sent to the concerned port.
13. In
all such cases where the goods have been sold or disposed off
in India, as provided under Notification 157/1990 – Cus,
and duty with interest paid off, the details will be entered in the Carnet
register and Carnet will be closed.
14. Appraising
Officer (PRO) shall monitor the due export of goods and closure of such Carnets
within Time limit as specified in Notfn. No. 157/1990-Cus. In case where goods are not re-exported
within the stipulated time, the matter shall be brought to the notice of Asstt./Deputy Commissioner (PRO),
who shall ensure that all dues including duty and interest are collected.
15. Carnet
Register should be put up to Asstt./Deputy
Commissioner (PRO) for inspection by 5th of every month.
16. The
above instructions may be strictly followed, along with those stated in the
Customs Preventive Manual and by the CBEC from time to time.
17. Any
difficulty noticed in implementing this Public Notice may be brought to the
notice of the Additional Commissioner (PRO).
F. No. S/3-Misc-PRO- 330/2011 ACC (I)