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Customs Notification, Circulars Public Notice Public Notices w.e.f 01/04/2000 PUBLIC NOTICE NO. 65/2000 Date : 08/06/2000

F.NO. S/6B-21966/99-EXP Date : 08/06/2000

PUBLIC NOTICE NO. 65/2000 Date : 08/06/2000

Sub : Computerised processing of DEPB, Shipping Bills under the Indian Customs EDI System (Exports) at New Custom House, Mumbai.

1. Attention of Exporters / Importers / CHAs and all other concerned is drawn towards Public Notice No. 42/99 dated 22.03.99 vide which trade was informed regarding computerised processing of all the White Shipping Bills, Drawback Shipping Bills and DEEC Shipping Bills at New Custom House, Mumbai. Now, Shipping Bills under DEPB scheme will be processed w.e.f. 26.06.2000 under the Indian Customs EDI (Exports) at New Custom House, Mumbai. The Procedure for processing of Shipping Bills will be the same as already informed to the trade vide Public Notice No. 42/99 dated 22.03.99 except following changes :-

2. All the Exporters exporting goods under DEPB scheme will be required to get their Importer Exporter Code Number registered in Customs EDI System ( if not already registered ) by producing original IEC Certificate before filing Shipping Bills. The Exporters will file details for DEPB Shipping Bills in the revised form as per Annexure – "A" to this Public Notice. In case of DEPB Shipping Bills Exporters are also required to file details as per declaration as per Annexure – "D" in the format annexed to this public notice. At the time of arrival of goods, exproter/ CHA is required to file the particulars in Annexure – "C".

3. While filing information as per revised format of Annexure – "A" exporters are required to ensure that correct Group Code No. of the goods being exported and the item No. of relevant Group is clearly mentioned in column 20 ( item-wise details ). For item No. 49 of Group Code No. 83 (Electronics) value cap has been fixed at Rs. 100/- for video cassette and Rs. 35/- for audio cassette. Exporters exporting video cassettes are required to mention Sl No. 49 (A) and those exporting audio cassettes are required to mention SL. No. 49 (B). Whenever the item No. is alpha-numeric like 70 (I), 70(ii), 70(iii) etc., in Group Code No. 61 (Engineering) or 38 (A), 38 (B), 38(C), 38 (D) in Group Code No. 62 (chemicals), the exporters / CHAs are advised to fill item No. in the same manner as given in the Public Notices issued by DGFT.

4. The shipping bills for formulations falling under S.No. 37 to 40 of product group chemicals will be processed manually and not through Indian Customs EDI (Exports). It is also brought to the notice of trade that value cap has been fixed in respect of several items under DEPB Scheme. Wherever value cap has been fixed, the system calculates DEPB credit with reference to the value cap of unit for which value cap has been fixed. In such cases where value cap has been fixed, quantity shall be given in units with respect to which value cap has been fixed for item wise at S.no. 20 of Annexure ‘A’. As an example, in respect of exports of blouses at S.No. 1 of product group 89 value cap of Rs. 125 per pc. has been fixed. Accordingly, item-wise details in S.No. 20 for blouses shall be filled as under :-

Group Code Item S. No. Qty in terms of a/cing unit

89 1 1800

The exporter may have issued invoice per dozen, but in such cases quantity has to be mentioned in pieces and not in dozens. The invoice in above case may be for 150 dozen blouses, but since value cap has been fixed for blouses, the quantity shall be mentioned in pieces and not in dozen.

5. As already informed to the trade vide Public Notice No.42/99 dated 22.03.1999 filing of GRI will not be required in cases where exports are being handled through Indian Customs EDI System (Exports). Accordingly, w.e.f. 16.06.2000, the exporters exporting goods under DEPB scheme and where shipping bills are processed through EDI will not be required to file GRI form. However, where shipping bills are processed manually, GRI form will be filed as being done presently. Only a declaration in form SDF as is being done in drawback cases and white shipping bills is required to be filed, The format of SDF has already been circulated. For the purposes of negotiating the export documents through authorised dealers, the exporters will be given an additional copy of shipping bill marked as "Exchange Control Copy" duty authenticated by Appraisers / Superintendent of Customs. However, they have to submit certificates from their bank(s) as per format (circulated vide Public Notice No.42/99 dated 22.03.1999) to the effect that they are maintaining account in the said bank and AD Code No. of the bank as well as their account No. in the bank. The details about their bankers will be fed in Customs Computer before processing of the shipping bills.

6. All the DEPB shipping bills having FOB value less than Rs. 5 lakh and /or DEPB rates less than 20% will be assessed by Appraiser, DEPB Cell. However, the shipping bills having FOB value more than Rs. 5 lakh and/or credit rate of 20% or more will be processed by A.C./D.C. (Export). Any query at the time of processing by Appraiser, DEPB Cell or A.C./D.C.(Export) may be obtained from the Service Centre and reply to the query has to be furnished through Service Centre.

7. If the Group Code No., Item No. and FOB value declared is accepted by the Appraiser, (DEPB Cell)/ Asstt./Dy. Commissioner (Export), goods may be brought and entered in the system. The examination report will be fed by the examining officer and ‘Let Export Order’ will be given by Appraiser / Superintendent on EDI System Five copies of shipping bill will be printed for the purposes mentioned against each as under :-

(i) Customs Copy : For record of Customs.

(ii) Exporter’s Copy : For record of exporter.

(iii) E.P.Copy : For submission to DGFT for issue of licence.

(iv) DEPB Copy : For registration of DEPB licence with Customs for import.

(v) Exchange Control : For negotiating the export documents in bank.

Copy

The E.P. copy of shipping bill will be printed after filing of stuffing report and EGM. Exporters/CHA are requested to impress their shipping lines for filing of EGM on the EDI System on priority so that EP copies can be printed expeditiously.

8. There is a provision for changing the Group Code No./Item No./Value for DEPB credit purposes and such changes will be reflected in the print out of the shipping bill. Such changes may be done by Appraiser. (DEPB Cell), A.C./D.C. (Export) as well as by Appraiser/ Supdt. (Exam.) The credit will be allowed by the DGFT at the rate / value ( for credit purposes only ) as approved by Customs. The EP copy of the shipping bill shall be used by the exporters to obtain DEPB licence from DGFT.

9. In case the proper Custom Officer determines as lower value for the purpose of DEPB credit than the FOB value and such lower value is acceptable to the exporter it shall be entered by Appraiser (DEPB Cell), A.C./D.C. (Export) or by Appraiser / Superintendent (Examination) for each item(s) and print out of shipping bills at item level will indicate the FOB value as well as value determined for DEPB credit purposes. Exporters should in that case apply for the DEPB licence only at the value accepted by the Customs and not the FOB value declared by them. However, as DEPB is issued on the basis of exchange rate applicable on the date of realisation, exporters are advised to apply for DEPB licence at the value accepted by Customs at the time of export multiplied by exchange rate as per Bank Realisation Certificate.

10. In case the exporter does not accept the value determined by the Customs, the exports shall be allowed provisionally after taking samples for market enquiry. The words ‘NOT VALID FOR DEPB` will be printed on all the copies of the shipping bill and the exporter will not be eligible for DEPB licence against provisionally assessed shipping bills. In such cases the DEPB copy of shipping bill will not be printed and only 4 copies will be printed. Market enquiries for determining the correct market value will be conducted the copy of shipping bill for claiming DEPB credit will be generated after determination of market value on the basis of market enquiry and handed over to the exporter duly signed by Appraiser of Customs. In such cases wherever market value has been found to be less than twice the credit claimed, the market value will be mentioned in the DEPB copy of shipping bills as under :-

"Market value of the goods is Rs. ___

______ and credit not to exceed 50% of the market value".

Registration of DEPB Licences :

11. The DEPB licences in respect of exports made from New Custom House, Mumbai, will be required to be registered at the same station. Before registration, the concerned Appraising officer will verify the shipping bill (s) in the licence from the computer to ensure that exports have actually been effected and value mentioned is as determined by Customs at the time of export. In cases of shipping bills assessed provisionally, the verification will FOB value declared in shipping bill or as per bank realisation certificate. Similarly, in cases where market value of the goods is less than twice credit availed, the licence shall be obtained for 50% of the present market value of the goods. The computer at the time of registration of licence will calculate admissible credit on the basis of exchange rate on the date of realisation of export proceeds (as per bank realisation certificate ) for DEPB items only and at Customs approved value at the time of export. If the amount of licence is more than the amount of credit calculated by the system, it will not be possible to register a licence and reference will be made to DGFT for correction of amount of credit. If the amount of credit as per Customs Computer matches with the credit as per DEPB licence, computer will generate print out regarding verification of the export giving details like Shipping Bill No., date, rate of credit. FOB value as approved by Customs and amount of credit etc. DEPB signed by D.C/A.C (Export). If a DEPB licence is having Shipping Bills relating to exports from other ports of Mumbai like JNPT, Nhava Sheva or Air Cargo Complex, Mumbai, the exporter can get the licence registered at any of the ports from where he intents to import the goods as Mumbai after verification report about exports from all other ports from where the exports were effected.

Grievance Handling :

12. The Dy./Asstt./Commissioner of Customs, New Custom House, Mumbai, may be approached by exporters or their agents for setlement of any problem faced at any stage during export clearance. They may also contact the Additional Commisioner/ Joint Commissioner of Customs in this behalf, if necessary.

13. In addition, the staff of National Informatics Centre (NIC) will also be available at New Custom House, Mumbai, to assist in problem saving.

SD/- 08.06.2000
(R. SHARMA )

COMMISSIONER OF CUSTOM (EP)
ATTESTED BY :

(R.R. TIWARI )
DY. COMMISSIONER OF CUSTOMS,
APPRAISING GROUP VII.

P N No. 65/2000

ANNEXURE – B

DECLARATION FORM FOR EXPORT OF GOODS UNDER CLAIM DRAWBACK

TO BE FILLED IN BY THE SERVICE CENTRE
Date of presentation: Job no.: Date:

Shipping Bill no : Date:

Signature

To be filled in by Exporters/C.H.A.

1. Type of shipping Bill : (G) Drawback only

I. EPCG (Green) with drawback

2. CHA Licence No. : Name:

3. (a) IEC code no.

1. A/C No. of the Exporter

(in the State Bank of India
A.C.C. Mumbai) :______________________________

5. (a) type of export house :________ [EH]Export house

(if applicable) [SH] Star Trading House

[SS]super Star Trading House

(b) Certificate No. :

6. State of origin of export goods :

(Maharashtra/Gujarat/Goa etc.)

7. Consignee Name & Address :

8. Consignee country :

9. Port of Destination country :

10. Final Destination country :

11. (a) Name & Address of the
Authotised Dealer/Bnak
Through which export proceeds
To be realised :

12. Invoice Number : Date:

13. (a) Whether consignee and buyer
are same : ( Yes/No )

(b) If No. Buyer’s Name and address :

14. Currency of Invoice :

15. Export contract No. :

16. Nature of payment :______ [LC] Letter of Credit
[DA]Delivery against Acceptance
[DP]Declivery against Payment
[AP]Advance payment

17. Period of payment as per
Contract (No of days) :

18. (a) nature of contract :______ [1] FOB[2]CIF[3]CF/[4]CI

	Rate	Currency	Amount
Discount
Commission
Other Deductions
Packing & Misc. Charges
Freight
Insurance

Invoice No	Item No.	Raw Material Sl. No.	Description	Qty	A/C Unit	Rate at which DBKClaimed

Declaration

Instructions:

1. All entries to be made in capital letters.

2. Documents should be typed or neatly hand written.

3. Photocopy of Invoice has to be attached separately with declaration form for Data Entry.

20 . ITEMWISE DETAILS:

Item No.	ITC(HS)	Generic Item Description	Qty	Accounting Unit	Unit Price	DEPB Particulars (Wherever applicable) Group Code Item S.No. in DEPB rate Qty in terms of accounting unit The Group claimed specified in the DEPB Schedule	Cess schedule
1	2	3	4	5	6	7 8 9 10	11

* Only where value cap is based on quantity

PUBLIC NOTICE NO. 65/2000

DATED 8/6/2000

ANNEXTURE – A

DECLARATION FORM FOR EXPORT OF GOODS WITHOUT CLAIM FOR DRAWBACK

------------------------------------------------------------------------To be filled in by the Service Centre

Date of Presentation: Job No. Date :
Shipping Bill No. Date
Signature

------------------------------------------------------------------------To be filled in by Exporter / CHA

1. Type of Shipping Bill : [W] Duty Free-commercial

[ F ] NFEL-No foreign exchange involved

[ B ] DEPB – Duty Entitlement Pass Book Scheme

[ U ] 100% EOU

[ C ] EPCG White

1. Category of goods under NFEL Shipping Bill

3. RBI Ten digit code :

4. CHA Licence No. :

5. (a) IEC Code No. :

[B] [R] Merchant [ F] Manufacturer

6. (a) Type of export house : [EH] Export House

: [SH] Star Trading House

: [SS ] Super Start Trading House

(b) Certificate No. : Validity upto :

1. State of Origin of Export goods :

8. Consignee Name & Address :

9. Consignee Country :

10. Port of Destination :

11. Final Destination Country :

12. (a) Name & Address of the

13. Invoice Number : Date :

14. (a) Whether consignee and
Buyer are same : (Yes/No)

a. If No. Buyer’s Name & Address

15. Currency of invoice :

16. Export contract No. :

17. Nature of payment : [LC] Letter of Credit

[DA] Delivery against Acceptance

[DP ] Direct Payment

[AP ] Advance Payment

18. Period of payment as per :
Contract (No. of Days)

19. (a) Nature of contract : [1] FOB [2] CIF [3] CF [4] CI

(b) Whether unit price includes : [F] Freight [I] Insurance

[B] Freight & Insurance

[N] None

(c)

	Rate	Currency	Amount
Discount
Commission
Other Deductions
Packing & Misc. Charges
Freight
Insurance

(d) Name & Address of the person
to whom the commission is paid :

20. QUOTA RELATED INFORMATION :

DECLARATION

I/We declare that the particulars given herein above are true and correct.

I/We enclose herewith the copies of the following documents.

(To be submitted with the export goods in the warehouse)

Dated :

Instructions:

1. All entries to be made in capital letters.

2. Documents should be typed or neatly hand written.

3. Photocopy of Invoice has to be attached separately with declaration form for Data Entry.

ANNEXURE – C

Data to be entered by Examining Officers when export goods are brought for examination:

1. Airway Bill No. ……………………………………………………………..

2. Freight and Insurance Charges ………………………………………………

3. Total No. of Packages ………………………………………………………..

4. Type of Packages (Boxes/cartons/Bags etc.) …………………………………

5. Numbers marked on the packages (1-25 etc. ) ………………………………..

6. Gross Weight ( in kgs. ) ……………………………………………………….

7. Net Weight (in kgs.) ……………………………………………………………

8. Details of AR4 if any,

Sr.No.	AR4 No.	Date	Commissionerate	Division	Range

9. Seal No. and name of the sealing agency ……………………………………….

I/We declare that the particulars given herein are true and correct.

Date : Signature of the CHA

Card No. ……………

Goods arrived verified the number of packages and marks and numbers there on and found to be declared.

Date : Name & Signature of PO/EO

ANNEXURE ‘D’

DEPB DECLARATION

Shipping Bill No. and date ………………….

I/We M/s………………………………………………….(Name of the exporter) do hereby declare as follows :

1. That the quality and specification of the goods as stated in this Shipping Bill are in accordance with the terms of exports contract entered into with the buyer/consignee in pursuance of which the goods are being exported.

2. That I/We are not claiming benefit under "Engineering Products Export (Replenishment of Iron and Steel Intermediates) Scheme" notified vide Ministry of Commerce Notification No. 539RE/92-97 dated 1.3.95.

3. That goods are being exported under DEPB scheme as per para 7.25 of Export & Import Policy, 1997-2002.

4. That I/We shall not claim any benefit of an advance licence under DEEC shceme in respect of exports made against this Shipping Bill.

5. That I/We shall not claim any duty drawback in respect of goods exported against this Shipping Bill.

6. That I/We shall not claim conversion of this Shipping Bill into duty drawback Shipping Bill and/or DEEC Shipping Bill.

7. That I/We shall not claim credit under Rule 57A of Central Excise, 1944 in respect of additional duty of Customs debited from DEPB credit.

8. That the goods are not manufactured and/or exported by unit licenced as 100% export oriented unit in terms of Import and Export Policy in force.

9. That the goods are not manufactured and/or are exported by unit situated in any free trade zone/export processing zone or any such zone.

10. That the goods are not manufactured partly or wholly in bond under Section 65 of the Customs Act, 1962.

11. That the present market value of the goods under export is as follows :-

S.No.	Item No. in Invoice	Present market value (in Indian Rupees)

12. That the benefit under DEPB scheme in respect of goods being exported under this Shipping Bill does not exceed 50% of the present market value of the goods being exported.

13. That I/We undertake to repatriate the export proceeds within the period mentioned in SDF declaration and submit bank realisation certificate in the office of DGFT while obtaining transferable licence. If a non transferable licence is obtained before realisation of export proceeds, I/We undertake to submit bank realisation certificate at the port of registration of licence within 6 months from the date of export or will furnish extension of time from Reserve Bank of India and submit bank realisation certificate within such extended period or will pay back amount equal of the DEPB credit against this Shipping Bill.

14. * I/We are exporting products mentioned at Sl. No. 2 of product group "fish and fish products" and declare that the preservatives as prescribed in standard input-output norms relating to fish and marine products have been used in the export product.

15. * I/We exporting products mentioned at Sl. No. 3 of product group "fish and fish products" and declare that the export product have been obtained from aqua culture sources.

[* Strike out if not applicable ]

NAME & SIGNATURE OF THE EXPORTER

DATE :

PLACE :

Invoice No.

Item No. of the invoice

Quota Certificate No./Export Licence No.

Expiry Date

Name of the agency issuing Certificate Licence

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