CBEC Clarifies the Expression ‘Motion Pictures’ Includes Audio Visual Content of All Kinds of Feature Films, Adv Films and Television Content

[CBEC Circular No. 17 dated 6th July 2010]

Subject: Applicability of customs duty exemption on import of television content

Notification No. 27/2010-Customs dated 27.2.2010 provides exemption to motion pictures, music, gaming software (for use on gaming consoles), printed or recorded on media falling under headings 3706 or 8523, from so much of basic customs duty, additional duty and special additional duty of customs as in access of duties that would be leviable of the value of the goods were equal to the aggregate of the cost of the carrier medium and freight and insurance

2. A doubt has been raised by certain importers whether the aforesaid exemption applies to import of content by a television broadcaster on a medium covered under Chapter heading nos. 3706 and 8523 owing to the use of expression “motion pictures”.

3. The issue has been examined. The term “motion pictures” is a generic term for making a distinction between moving pictures and still photograph and does not refer to the end use of the content captured on a medium.

As such, the reference to motion pictures in Notification No. 27/2010-Customs dated 27th February 2010 is not limited to “movies" or feature films alone and extends to any audio visual content recorded on cinematographic films, Betacam /U-matic tapes, Masters, Stampers, VCDs and DVDs. It is therefore clarified that the term motion pictures referred to in Notification No. 27/2010-Customs dated 27th February 2010 includes audio visual content of all kinds like feature films, advertising films, documentaries, television content, news films etc. and is not restricted to feature films or movies alone

5. These instructions may be brought to the notice of the trade / exporters by issuing suitable Trade / Public Notices.  Suitable Standing orders/instructions may be issued for the guidance of the assessing officers.  Difficulties faced, if any, in implementation of the Circular may please be brought to the notice of the Board at an early date.

F.No. 354/99/2010-TRU