Drawback Clearance Months from 17 April to 16 June 2010

The following Public Notice was issued by the Commissioner of Customs (Export) Jawaharlal Nehru Custom House on 16th April 2010.

[Customs Public Notice No. 47 dated 16th April 2010]

Sub: Observance of Drawback Clearance Months from 17th April to 16th June 2010.

It is for the information of all Exporters, Custom House Agents & the Trade that in pursuance to the directions from the Ministry this Custom House is observing Drawback Clearance Months from 17th April to 16th June, 2010 to liquidate the pendency of drawback claims. The pendency position of drawback claims in various queues under EDI System as on 16-04-2010 is as below:

Current Queue

Description

Total S/Bills

Brand

Brand rate fixation

19173

DBK-AC

With DBK AC

1613

DBK-Supdt.

With DBK Supdts.

27551

Exporter

Queries Raised

6073

Sample

Sample Drawn

777

EGM

EGM not filed

14864

EGM Error

EGM filed with errors

2902

Following measures are being initiated to liquidate pendency of drawback claims in various categories mentioned above:-

1.   Brand Rate Claims

The exporters who opted for brand rate are not coming forward with brand letters issued by Central Excise Commissionerate concerned. Under the Drawback Rules an exporter has to apply for brand rate fixation within 60 days of the export. Therefore, the Brand Rate claims which are pending for several years could be owing to not making of an application by the exporter for Brand Rate fixation or rejection of the application by the C.Excise authorities. In this regard the exporters are called upon to submit the Brand Rate letters from concerned Central Excise Commissionerate on or before 15-05-2010.

2.   Claims under Query

A large number of drawback claims are lying under “Query raised” from time to time since introduction of EDI System in 1998. These are technically not pending with the department and are shown pending with exporters for reply as per Rule 13(3) of the Drawback Rules 1995. In this connection the exporters and their associations in some instances have contended that the exporters are unable to reply to the queries as these are not communicated to them.

It is to mention that under the EDI system the drawback claims are processed online in paperless manner and queries are raised online. As per Para 18.9 of the Public Notice No.39/97 dated 12.11.97, the status of the Shipping bills and sanction of drawback claim under EDI System has to be ascertained from the service centre. A printout of the query/deficiency has to be obtained from the service center and the replies to such queries shall be entered in the EDI system at the service center. There is no provision or practice under the EDI or Manual System to suo-motu intimate queries to the exporters through individual official letters. However, to facilitate the exporters in this regard a Drawback Help Desk was created vide Public Notice No. 47/2005 dated 27/09/2005 and vide Public Notice No. 08/2007 and it was requested to make full use of this facility. Further, this office vide Facility Notice No.10/08 dated 18.1.08 has introduced a system of automatic e-mail based response to enquiries made by the exporters regarding status of their drawback claims by using internet. Apart from Facility Notice No.10/08, the procedure for availing this facility is also explained in the JNCH website www.jawaharcustoms.gov.in. This facility can be accessed by anyone, from anywhere, anytime, free of cost. The query status is also informed to the exporters on receipt of letters from them. In addition, this office had compiled 12787 queries pending as on 30-06-2008, on CD and had forwarded to various exporters associations for circulation amongst their member exporters vide Public Notice No. 87/2009. It appears very few exporters responded to the Public Notice. There is a possibility that the cases which are pending for replies to queries for a long time could be owing to the exporters being fictitious/ non traceable or where export proceeds have not been realized.

The exporters whose shipping bills are pending for want of replies to the queries raised as on 31-12-2008 are requested to submit the replies latest by 15-05-2010. It has been decided to process such shipping bills pending under Query raised before 31-12-2008 on merit, subject to production of BRC and the cases where BRC is not produced at zero drawback, without affecting the right of the exporter to claim the drawback amount by filing supplementary claim subsequently within three months from the date of issue of this Public Notice.

3.   Samples drawn, EGM not filed and EGM filed with errors.

Drawback Section has no control over the samples drawn, EGM not filed and EGM Errors.  The exporters are requested to approach the Asstt./ Dy. Commissioner of the concerned CFS from where the goods were exported, with necessary documents for feeding of stuffing reports/ test reports, rectification of EGM errors and taking action against the steamer agent for non submission of EGM in terms of the Public Notices/ Standing orders issued from time to time. Superintendents posted for Stuffing supervision in CWC Dronagiri have been given charge for liquidation of drawback claims pending on account of EGM Errors.

For the purpose of liquidation of the pendency of drawback claims, during the period of Drawback Clearance Months from 17th April to 16th June, 2010, a “Special Drawback Cell” headed by Shri. Sudhakar Mishra, Deputy Commissioner of Customs (Office Telephone no. 27244837, Mobile No. 9967957461) with exclusive set of officers has been set-up to attend to all the related work. For liquidation of pendency it has been decided to keep Drawback section working on Saturdays and till 7 PM on all working days. All concerned exporters having pending drawback claims are requested to approach the “Special Drawback Cell” to expeditiously finalise all such claims.

4.   All Public Notices / Standing Orders issued in this regard stand modified or aligned with this Public Notice.

5.   Any difficulty faced in implementing this Public Notice may be brought to the notice of Addl./ Asstt.. Commissioner of Drawback Section, JNCH or the undersigned, if not resolved.

F.No.: S/12-Gen-87/09 DBK JNCH