Revenue Releases New Drawback Schedule w.e.f. 22 Nov 2014
[Customs Notification No. 110 (Non Tariff) dated 17th November 2014]
In exercise of the powers conferred by sub-section (2)
of section 75 of the Customs Act, 1962 (52 of 1962), sub-section (2) of section
37 of the Central Excise Act, 1944 (1 of 1944), and section 93A and sub-section
(2) of section 94 of the Finance Act, 1994 (32 of 1994), read with rules 3 and
4 of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995
(hereinafter referred to as the said rules) and in supersession of the
notification of the Government of India in the Ministry of Finance (Department
of Revenue) No.98/2013-CUSTOMS (N.T.), dated the 14th September, 2013,
published vide number G.S.R. 632 (E), dated the 14th September, 2013,
except as respects things done or omitted to be done before such supersession,
the Central Government hereby determines the rates of drawback as specified in
the Schedule annexed hereto (hereinafter referred to as the said Schedule)
subject to the following notes and conditions, namely:-
Notes and conditions:
(1) The tariff
items and descriptions of goods in the said Schedule are aligned with the
tariff items and descriptions of goods in the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975) at the four-digit level only. The descriptions of
goods given at the six digit or eight digit or modified six or eight digits in
the said Schedule are in several cases not aligned with the descriptions of
goods given in the said First Schedule to the Customs Tariff Act, 1975.
(2) The General
Rules for the Interpretation of the First Schedule to the said Customs Tariff
Act, 1975 shall mutatis mutandis apply for classifying the export goods
listed in the said Schedule.
(3) Notwithstanding
anything contained in the said Schedule, -
(i) all artware or handicraft items
shall be classified under the heading of artware or
handicraft (of constituent material) as mentioned in the relevant Chapters;
(ii) any
identifiable ready to use machined part or component predominantly made of
iron, steel or aluminium, made through casting or forging process, and not
specifically mentioned at six digit level or more in Chapter 84 or 85 or 87,
may be classified under the relevant tariff item (depending upon material
composition and making process) under heading 8487 or 8548 or 8708, as the case
may be, irrespective of classification of such part or component at four digit
level in Chapter 84 or 85 or 87 of the said Schedule;
(iii) the sports gloves mentioned below heading 4203 or 6116 or
6216 shall be classified in that heading and all other sports gloves shall be
classified under heading 9506.
(4) The figures
shown in columns (4) and (6) in the said Schedule refer to the rate of drawback
expressed as a percentage of the free on board value or the rate per unit
quantity of the export goods, as the case may be.
(5) The figures
shown in columns (5) and (7) in the said Schedule refer to the maximum amount
of drawback that can be availed of per unit specified in column (3).
(6) An export
product accompanied with application for removal of excisable goods for export
(ARE-1) and forming part of project export (including turnkey export or
supplies) for which no figure is shown in column (5) and (7) in the said
Schedule, shall be so declared by the exporter and the maximum amount of
drawback that can be availed under the said Schedule shall not exceed the
amount calculated by applying ad-valorem rate of drawback shown in
column (4) or (6) to one and half times the ARE- 1 value.
(7) The figures
shown in the said Schedule under the drawback rate and drawback cap appearing
below the column heading “Drawback when Cenvat
facility has not been availed” refer to the total drawback (Customs, Central
Excise and Service Tax component put together) allowable and those appearing
under the column heading “Drawback when Cenvat
facility has been availed” refer to the drawback allowable under the Customs
component. The difference between the two columns refers to the Central Excise
and Service Tax component of drawback. If the rate indicated is the same in
both the columns, it shall mean that the same pertains to only Customs
component and is available irrespective of whether the exporter has availed of Cenvat facility or not.
(8) The rates
of drawback specified against the various tariff items in the said Schedule in
specific terms or on ad valorem basis, unless otherwise specifically
provided, are inclusive of drawback for packing materials used, if any.
(9) Drawback at
the rates specified in the said Schedule shall be applicable only if the
procedural requirements for claiming drawback as specified in rules 11, 12 and
13 of the said rules, unless otherwise relaxed by the competent authority, are
satisfied.
(10) The rates
of drawback specified in the said Schedule shall not be applicable to export of
a commodity or product if such commodity or product is -
(a) manufactured partly or wholly in a warehouse under section
65 of the Customs Act, 1962 (52 of 1962);
(b) manufactured or exported in discharge of export obligation
against an Advance Licence or Advance Authorisation or Duty Free Import
Authorisation issued under the Duty Exemption Scheme of the relevant Export and
Import Policy or the Foreign Trade Policy:
Provided that where exports are made against Advance
Licences issued on or after the 1st April, 1997, in discharge of export
obligations in terms of notification No. 31/97 - Customs, dated the 1st April,
1997, or against Duty Free Replenishment Certificate Licence issued in terms of
notification No. 48/2000-Customs, dated the 25th April, 2000, or against Duty
Free Replenishment Certificate Licence issued in terms of notification No.
46/2002-Customs, dated the 22nd April, 2002, or against Duty Free Replenishment
Certificate Licence issued in terms of notification No. 90/2004-Customs, dated
the 10th September, 2004, drawback at the rate equivalent to Central Excise
allocation of rate of drawback specified in the said Schedule shall be
admissible subject to the conditions specified therein;
(c) manufactured or exported by a unit licensed as hundred per
cent. Export Oriented Unit in terms of the provisions of the relevant Export
and Import Policy or the Foreign Trade Policy;
(d) manufactured or exported by any of the units situated in
Free Trade Zones or Export Processing Zones or Special Economic Zones;
(e) manufactured or exported availing the benefit of the
notification No. 32/1997–Customs, dated 01st April, 1997.
(11) The rates
and caps of drawback specified in columns (4) and (5) of the said schedule
shall not be applicable to export of a commodity or product if such commodity
or product is –
(a) manufactured or exported by availing the rebate of duty paid
on materials used in the manufacture or processing of such commodity or product
in terms of rule 18 of the Central Excise Rules, 2002;
(b) manufactured or exported in terms of sub-rule (2) of rule 19
of the Central Excise Rules, 2002.
(12) Wherever
specific rates have been provided against tariff item in the said Schedule, the
drawback shall be payable only if the amount is one per cent. or more of free on board value, except where the amount of
drawback per shipment exceeds five hundred rupees.
(13) The expression
“when Cenvat facility has not been availed”, used in
the said Schedule, shall mean that the exporter shall satisfy the following
conditions, namely:-
(a) the
exporter shall declare, and if necessary, establish to the satisfaction of the
Assistant Commissioner of Customs or Assistant Commissioner of Central Excise
or Deputy Commissioner of Customs or Deputy Commissioner of Central Excise, as
the case may be, that no Cenvat facility has been
availed for any of the inputs or input services used in the manufacture of the
export product;
(b) if the
goods are exported under bond or claim for rebate of duty of central excise, a
certificate from the Superintendent of Customs or Superintendent of Central
Excise in-charge of the factory of production, to the effect that no Cenvat facility has been availed for any of the inputs or
input services used in the manufacture of the export product, is produced:
Provided that the certificate regarding non-availment of Cenvat facility
shall not be required in the case of exports of handloom products or
handicrafts (including handicrafts of brass artware)
or finished leather and other export products which are unconditionally exempt
from the duty of central excise.
(14) Whenever a
composite article is exported for which any specific rate has not been provided
in the said Schedule, the rates of drawback applicable to various constituent
materials can be extended to the composite article according to net content of
such materials on the basis of a self-declaration to be furnished by the
exporter to this effect and in case of doubt or where there is any information
contrary to the declarations, the proper officer of customs shall cause a
verification of such declarations.
(15) The term
‘article of leather’ in Chapter 42 of the said Schedule shall mean any article
wherein 60% or more of the outer visible surface area (excluding shoulder
straps or handles or fur skin trimming, if any) is of leather notwithstanding
that such article is made of leather and any other material.
(16) The term
“dyed”, wherever used in the said Schedule in relation to textile materials,
shall include yarn or piece dyed or predominantly printed or coloured in the
body.
(17) The term
“dyed” in relation to fabrics and yarn of cotton, shall include “bleached or
mercerised or printed or mélange’’.
(18) The term
“dyed” in relation to textile materials in Chapters 54 and 55 shall include
“printed or bleached”.
(19) In respect
of the tariff items in Chapters 60, 61, 62 and 63 of the said Schedule, the blend
containing cotton and man-made fibre shall mean that content of man-made fibre
in it shall be more than 15% but less than 85% by weight and the blend
containing wool and man-made fibre shall mean that content of man-made fibre in
it shall be more than 15% but less than 85% by weight. The garment or made-up
of cotton or wool or man-made fibre or silk shall mean that the content in it
of the respective fibre is 85% or more by weight.
(20) The term
“shirts” in relation to Chapters 61 and 62 of the said Schedule shall include
“shirts with hood”.
(21) In respect
of the tariff items appearing in Chapter 64 of the said Schedule, leather
shoes, boots or half boots for adult shall comprise the following sizes,
namely: -
(a) French
point or Paris point or Continental Size above 33;
(b) English or
UK adult size 1 and above; and
(c) American
or USA adult size 1 and above.
(22) In respect
of the tariff items appearing in Chapter 64 of the said Schedule, leather
shoes, boots or half boots for children shall comprise the following sizes,
namely: -
(a) French
point or Paris point or Continental Size upto 33;
(b) English or
UK children size upto 13; and
(c) American
or USA children size upto 13.
(23) The
drawback rates specified in the said Schedule against tariff items 711301,
711302 and 711401 shall apply only to goods exported by airfreight, post parcel
or authorised courier through the Custom Houses as specified in para 4A.12 of the Hand Book of Procedures (Vol. I),
2009-2014 published vide Public Notice No.1 (RE-2012) / 2009-2014, dated the
5th June, 2012 of the Government of India in the Ministry of Commerce and
Industry, after examination by the Customs Appraiser or Superintendent to
ascertain the quality of gold or silver and the quantity of net content of gold
or silver in the gold jewellery or silver jewellery or silver articles. The
free on board value of any consignment through authorised courier shall not
exceed rupees twenty lakhs.
(24) The
drawback rates specified in the said Schedule against tariff items 711301,
711302 and 711401 shall not be applicable to goods manufactured or exported in
discharge of export obligation against any Scheme of the relevant Export and
Import Policy or the Foreign Trade Policy of the Government of India which
provides for duty free import or replenishment or procurement from local
sources of gold or silver.
(25) “Vehicles” of Chapter 87 of the said Schedule
shall comprise completely built unit or completely knocked down (CKD) unit or
semi knocked down (SKD) unit.
2. All claims
for duty drawback at the rates of drawback notified herein shall be filed with
reference to the tariff items and descriptions of goods shown in columns (1)
and (2) of the said Schedule respectively. Where, in respect of the export
product, the rate of drawback specified in the said Schedule is Nil or is not
applicable, the rate of drawback may be fixed, on an application by an
individual manufacturer or exporter in accordance with the said rules. Where
the claim for duty drawback is filed with reference to tariff item of the said
Schedule and it is for the rate of drawback specified herein, an application,
as referred under sub-rule (1) of rule 7 of the said rules shall not be
admissible.
3. This
notification shall come into force on the 22nd day of November, 2014.