Customs Amendments After FTP 2010
[Customs Notification No.
92 dated 10th September 2010]
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 directs that 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, shall be amended or further
amended, as the case may be, in the manner specified in the corresponding entry
in column (3) of the said Table, namely :-
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Table |
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SNo. |
Notification number and date |
Amendments |
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(1) |
(2) |
(3) |
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1. |
100/2009-Customs,dated
the 11th September, 2009 [Vide number G.S.R. 666 (E), dated the 11th
September, 2009] |
In the said notification, (a) in paragraph 2, condition
numbers (3), (4), (5), (6), (7), (8), (9) and (10) shall be renumbered as
condition numbers (4), (5), (6), (7), (8), (9), (10) and (11) respectively,
and before the said conditions as so renumbered, the following condition
shall be inserted, namely:- “(3) that the
authorization for annual requirement shall indicate export product to be
exported under the authorization. The authorization holder shall submit a
Nexus Certificate from an independent Chartered Engineer ( (b) in the Explanation, clause 1 shall be renumbered as clause 1A and
before clause 1A as so renumbered, the following clause shall be inserted,
namely: - “1. “Authorization” includes “Authorization for Annual Requirement”;”. |
|
2. |
101/2009-Customs,dated the 11th September, 2009 [Vide number G.S.R. 667
(E), dated the 11th September, 2009] |
In the said notification, (a) in paragraph 2,- (i) for condition (1), the following condition
shall be substituted, namely:- “(1) that the goods are imported for export of
engineering and electronic products, basic chemicals and pharmaceuticals,
apparels and textiles, plastics, handicrafts, chemicals and allied products,
leather and leather products, paper and paperboard and articles thereof,
ceramic products, refractories, glass and
glassware, rubber and articles thereof, plywood and allied products, marine
products, sports goods and toys and are other than those required for export
of products covered under following chapters or headings of the First Schedule
to the Customs Tariff Act, 1975 (51 of 1975), namely:- Chapters 1,2, 4, 5(except
handicrafts), 6 to 24, 25 to 27, 31, 43, 44(except plywood and allied
products),45,47,68 (except handicrafts), 71,81 (metals in primary and
intermediate forms only),89,93,97(except handicrafts),98; headings 4011 to
4013, 7401 to 7406, 7501 to 7504, 7601 to 7603, 7801, 7802, 7901 to 7903,
8001, 8002 and 8401.”; (ii) for condition (5), the following condition shall be substituted,
namely:- “(5) that the Common Service
provider or any of the specific users is not issued, in the
year of issuance of zero duty EPCG authorization, the duty credit scrips under SHIS scheme under para
3.16 of the Foreign Trade Policy. SHIS scrips which
are not issued in a particular year for the reason that zero duty EPCG
authorization has been issued in that year shall not be issued in future
years also.”; (iii) the condition numbers
(6), (7), (8), (9), (10), (11), (12) and (13) shall be renumbered as condition
numbers (7), (8), (9), (10), (11), (12), (13) and (14) respectively, and
before the said conditions as so renumbered, the following condition shall be
inserted, namely:- “(6) that the
authorization for annual requirement shall indicate export product to be
exported under the authorization. The authorization holder shall submit a
Nexus Certificate from an independent Chartered Engineer ( (b) in paragraph 4, for the figures, letters and word “31st December,
2011” the figures, letters and word “31st December, 2012” shall be
substituted; (c) in the Explanation, clause 1 shall be renumbered as clause 1A and
before clause 1A as so renumbered, the following clause shall be inserted,
namely: - “1. “Authorization” includes
“Authorization for Annual Requirement”;”. |
|
3. |
102/2009-Customs,dated the 11th September, 2009 [Vide number G.S.R. 668
(E), dated the 11th September, 2009] |
In the said notification, (a) in paragraph 2,- (i) for condition (1), the following condition
shall be substituted, namely:- “(1) that the goods are imported for export of
engineering and electronic products, basic chemicals and pharmaceuticals,
apparels and textiles, plastics, handicrafts, chemicals and allied products,
leather and leather products, paper and paperboard and articles thereof,
ceramic products, refractories, glass and
glassware, rubber and articles thereof, plywood and allied products, marine
products, sports goods and toys and are other than those required for export
of products covered under following chapters or headings of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975), namely:- Chapters 1,2, 4, 5(except
handicrafts), 6 to 24, 25 to 27, 31, 43, 44(except plywood and allied
products),45,47,68 (except handicrafts), 71,81 (metals in primary and
intermediate forms only),89,93,97(except handicrafts),98; headings 4011 to
4013, 7401 to 7406, 7501 to 7504, 7601 to 7603, 7801, 7802, 7901 to 7903,
8001, 8002 and 8401.”; (ii) for condition (4), the following condition shall be substituted,
namely:- “(4) that the importer is not
issued, in the year of issuance of zero duty EPCG authorization, the duty
credit scrips under SHIS scheme under para 3.16 of the Foreign Trade Policy. SHIS scrips which are not issued in a particular year for the
reason that zero duty EPCG authorization has been issued in that year shall
not be issued in future years also.”; (iii) the condition numbers (5), (6), (7),
(8), (9), (10), (11) and (12) shall be renumbered as condition numbers (6),
(7), (8), (9), (10), (11), (12) and (13) respectively and before the said
conditions as so renumbered, the following condition shall be inserted,
namely:- “(5) that the
authorization for annual requirement shall indicate export product to be
exported under the authorization. The authorization holder shall submit a Nexus
Certificate from an independent Chartered Engineer ( (b) in paragraph 4, for the figures, letters and word “31st December,
2011” the figures, letters and word “31st December, 2012” shall be
substituted; (c) in the Explanation, clause 1 shall be renumbered as clause 1A and
before clause 1A as so renumbered, the following clause shall be inserted,
namely: - “1. “Authorization” includes “Authorization for Annual Requirement”;”. |
|
4. |
103/2009-Customs,dated the 11th September, 2009 [Vide number G.S.R. 669
(E), dated the 11th September, 2009] |
In the said notification, (a) in paragraph 2, the
condition numbers (2), (3), (4), (5), (6), (7), (8) and (9) shall be
renumbered as condition numbers (3), (4), (5), (6), (7), (8), (9) and (10)
respectively and before the said conditions as so renumbered, the following
condition shall be inserted, namely,- “(2) that the
authorization for annual requirement shall indicate export product to be
exported under the authorization. The authorization holder shall submit a
Nexus Certificate from an independent Chartered Engineer ( (b) in the Explanation, clause 1 shall be renumbered as clause 1A and
before clause 1A as so renumbered, the following clause shall be inserted,
namely: - “1. “Authorization” includes “Authorization for Annual Requirement”;”. |
|
5. |
104/2009-Customs,dated the 14th September, 2009 [Vide number G.S.R. 674
(E), dated the 14th September, 2009] |
In the said notification, (a) in the opening paragraph,- (i) for condition (i),
the following condition shall be substituted, namely:- “(1) that the said scrip has
been issued by the licensing Authority to a status holder against exports of
the products of the sectors, namely, leather (excluding finished leather),
textiles and jute , handicrafts, engineering (excluding iron and steel,
non-ferrous metals in primary or intermediate forms, automobiles and
two-wheelers, nuclear reactors and parts and ships,boats
and floating structures), plastic and basic chemicals(excluding pharma products) made during 2009-10, 2010-11 or 2011-12
or against exports of the products mentioned below made during 2010-11 or
2011-12 , namely:- (a) the following chemical and allied products (other than bulk minerals,
granite or stones, processed minerals, cement, clinkers and asbestos):- (i) rubber products covered under headings 4001
to 4010 and 4014 to 4017 of the First Schedule to the Customs Tariff Act,
1975 (51 of 1975); (ii) paints, varnishes and allied products covered under headings 3208,
3209 and 3210 of the First Schedule to the Customs Tariff Act, 1975 (51 of
1975); (iii) glass and glassware covered under Chapter 70 of the First Schedule
to the Customs Tariff Act, 1975 (51 of 1975); (iv) plywood and allied products covered under Chapter 44 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975); (v) ceramics or refractories covered under
Chapter 69 of the First Schedule to the Customs Tariff Act, 1975 (51 of
1975); (vi) paper, paper boards and paper products covered under Chapter 48 of
the First Schedule to the Customs Tariff Act, 1975 (51 of 1975); (vii) books, publications and printings covered under Chapter 49 of the
First Schedule to the Customs Tariff Act, 1975 (51 of 1975); (viii) animal by-products covered under headings 35030030, 05069099,
05079010, 05079020, 05079050, 23011010, 23011090, 96062910, and 96063010 of
the First Schedule to the Customs Tariff Act, 1975 (51 of 1975); (ix) ossein and gelatine covered under headings
05061039 and 35030020 of the First Schedule to the Customs Tariff Act, 1975
(51 of 1975); (x) graphite products covered under headings 3801, 85451100 and 85451900
and explosives covered under headings 3601, 3602 and 3603 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975); (xi) products covered under headings 3201, 32029010, 32030010, 3604,
3605, & 38021000 of the First Schedule to the Customs Tariff Act, 1975
(51 of 1975); (b) electronic products. (c) sports goods and toys covered under Chapter 95 and headings 420321,
650610 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975); (d) following engineering products covered under Chapter 72 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975):- (i) iron and steel (ii) pipes and tubes (iii) ferro alloys Provided that the exports
specified in the Table annexed to the notification shall not be considered
for computation of entitlement under the scheme;”; (ii) the condition numbers (ii), (iii), (iv), (v), (vi) and (vii) shall
be renumbered as condition numbers (3), (4), (5), (6), (7) and (8)
respectively and before the said conditions as so renumbered, the following
condition shall be inserted, namely:- “(2)
Provided further that the said scrip has not been issued in violation of the
condition contained in Para 2(4) of notification No. 102/09-Cus dated the 11th September, 2009 pertaining to
Zero Duty EPCG scheme or Para 2(5) of notification No.101/09-Cus dated the
11th September, 2009 pertaining to Zero Duty EPCG scheme for Common Service
Providers, as the case may be.”; (b) In the table annexed to the notification, Sl. No. 8 and the entries
relating thereto shall be deleted. |
[F.No.605/33/2010-DBK]