PUBLIC NOTICE NO. 79/2007, DT. 05/11/2007

Original EP copy of Shipping Bill / original BRC lost : DGFT lays down conditions for consideration

In exercise of powers conferred under Paragraph 2.4 of the Foreign Trade Policy 2004-2009, the Director General of Foreign Trade hereby makes the following amendment in Handbook of Procedures (v1):

1. A new paragraph 4.30A related to “consideration of cases against lost EP copy of the Shipping Bills and / or Bank Realisation Certificate” shall be added after the paragraph 4.30 as follows:

4.30A. In case where Original EP copy of Shipping Bill / original BRC has been lost, request for EODC, No BG / LUT condition under Advance Authorisation / DFIA scheme or endorsement of transferability under DFIA scheme can be considered subject to submission of following documents in lieu of those original documents: -

a) A duplicate / certified copy of concerned document issued by Customs Authority / Bank in lieu of original;

b) An application fee equivalent to 1% of duty saved amount. However, no fee shall be charged when such document is lost by Government agencies and a documentary proof to this effect is submitted;

c) An affidavit by exporter about loss of document and an undertaking to surrender it immediately to concerned RA, if found subsequently;

d) An indemnity bond by exporter to the effect that he would indemnify Government for financial loss, if any, on account of duty free import entitlement availed / allowed against lost Shipping Bills / BRC. Customs Authority, before allowing redemption of BG / LUT or clearance after endorsement of No BG / LUT condition or endorsement of transferability, shall ensure that no double benefit against such shipping bill has been availed.

However, in case of submission of reconstructed copy of shipping bill in lieu of original shipping bill, conditions at b), c) and d) above shall not be applicable.

2. The word MODVAT appearing at Sl. No. 1(v) in PN No. 79 dated 2.1.06 shall be amended to read as MODVAT / CENVAT.

3. A new paragraph 5.18.7 shall be added after paragraph 5.18.6 to read as follows:

5.18.7-The aforesaid provisions for Clubbing of EPCG Authorisations shall be applicable for authorisations issued on or after 1-4-2007. However, EPCG authorisations issued prior to 1-4-2007, shall be governed by provisions contained in Chapter 5 of HBP v1 (RE - 2006).

This issues in Public interest.

Sd/-

(R.S. Gujral)
Director General of Foreign Trade and
Ex-officio Additional Secretary to the Govt. of India

(Issued from File No.01/94/180/ PN /HBP/AM08/PC I)

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