Exempts goods when imported into India against a duty credit scrip issued under the Focus Market Scheme in accordance with paragraph 3.9 of the Foreign Trade Policy - 090/2006 - Customs -Tariff

Exempts goods when imported into India against a duty credit scrip issued under the Focus Market Scheme in accordance with paragraph 3.9 of the Foreign Trade Policy 1 st September, 2006 Notification No. 90/2006-Customs 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 exempts goods when imported into India against a duty credit scrip issued under the Focus Market Scheme in accordance with paragraph 3.9 of the Foreign Trade Policy (hereinafter referred to as the said scrip) from,- (a) the whole of the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act 1975 (51 of 1975); and (b) the whole of the additional duty leviable thereon 13 [under sub-sections (1), (3) and (5) of section 3 ] of the said Customs Tariff Act, subject to the following conditions, namely :- (1) that the benefit under this notification shall be available only in respect of duty credit scrip issued against exports to the countries notified in Appendix 37-C of the Handbook of Procedures, Vol. I of the Foreign Trade Policy; (2) that the said scrip is produced before the proper officer of customs at the time of clearance for debit of the duties leviable on the goods, but for this exemption: Provided that exemption from duty shall not be admissible if there is insufficient credit in the said scrip for debiting the duties leviable on the goods, but for this exemption; (3) that the said scrip and goods imported against it shaft be freely transferable ; (4) that the imports against the said certificate are undertaken through sea ports at Mumbai, Sikkim, Kolkata, Cochin, Magdalla, Kakinada, Kandla, Mangalore, Marmagoa, Chennai, Nhava Sheva, Paradeep, Pipavav, Sikka, Tuticorin, Visakhapatnam, Dahej, Mundhra, Nagapattinam, Okha, Bedi including Rozi-Jamnagar, Muldwarka, Porbander, Dharamtar and Vadimar Haldia (Haldia Dock complex of Kolkata port) and 3 [Krishnapatnam 8 [ 12 [ Ennore (Tamil Nadu), Karaikal (Union territory of Puducherry) and Kattupalli (Tamil Nadu) ]]] or through any of the airports at Ahmedabad, Bangalore, Bhubaneswar, Mumbai, Kolkata, Coimbatore, Delhi, Hyderabad, Jaipur, Chennai, Srinagar, Trivandrum, Varanasi, Nagpur, Cochin, Rajasansi (Amritsar), Lucknow (Amausi) and 11 [ Indore, Dabolim (Goa) and Visakhapatnam ] or through any of the Inland Container Depots at Agra, Bangalore, Coimbatore, Delhi, Faridabad, Gauhati, Guntur, Hyderabad, Jaipur, Jallandhar, Kanpur, Ludhiana, Moradabad, Nagpur, Pimpri (Pune), Pitampur (Indore), Surat, Tirupur, Varanasi, Nasik, Rudrapur (Nainital), Dighi (Pune), Vadodara, Daulatabad (Wanjarwadi and Maliwada), 4 [Waluj (Aurangabad) , Talegoan(District Pune), Dhannad Rau (District Indore), Kheda (Pithampur, District Dhar)] 5 [Patli (Gurgaon), Irugur Village (Tamil Nadu), Thudiyalur (Tamil Nadu), Chettipalayam (Tamil Nadu) 7 [Veerapandi (Tamil Nadu) 9 [Marripalem Village in Taluk of Edlapadu, District Guntur 10 [Tondiarpet (TNPM), Chennai and Irungattukottai, SIPCOT Industrial Park, Kattrambakkam Village, Sriperumbudur Taluk, Kanchipuram District, Tamil Nadu]]] Anaparthy (Andhra Pradesh), Salem, Malanpur, Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai, Bhilwara, Pondicherry, Garhi Harsaru, Bhatinda, Dappar (Dera Bassi), Chheharata (Amritsar), Karur, Miraj, Rewari, Bhusawal, Jamshedpur, Surajpur, Dadri, Tuticorin, Kundli, Bhadohi, Raipur, Mandideep (District Raisen), Durgapur (Export Promotion Industrial Park), Babarpur and Loni (District Ghaziabad) or through the Land Customs Station at Ranaghat, Singhabad, Raxaul, Jogbani, Nautanva (Sonauli), Petrapole, Mahadipur, Nepalganj Road, Dawki, Agartala, Sutarkhandi, 6 [Amritsar Rail Cargo, Attari Road, Hilli, Ghojadanga and Changrabandha ,] or Special Economic Zones as specified in the notification issued under section 76A of the said Customs Act; (5) that where the importer does not claim exemption from the additional duty of customs leviable 14 [under sub-sections (1), (3) and (5) of section 3] of the said Customs Tariff Act, he shall be deemed not to have availed the exemption from the said duty for the purpose of calculation of the said additional duty of customs. (6) that the importer shall be entitled to avail of the drawback or CENVAT credit of additional duty leviable 15 [ under sub-sections (1), (3) and (5) of section 3 ] of the said Customs Tariff Act against the amount debited in the said scrip. (7) that the exports made by EOUs/EHTPs/BTPs who do not avail of direct tax benefits/exemption shall be eligible, provided the same is not covered under paragraph 3.9.2.2 of the Policy; 1 [(8) that the benefits under this notification shall not be available to the items listed in Appendix 37B of the Hand Book of Procedure, volume I.] (9) that the foreign exchange counted towards fulfillment of export obligation (over and above the average) under Export Promotion Capital Goods Scheme shall not be eligible for benefits under the scheme. 2. The following categories of exports specified in paragraph 3.9.2.2 of the Foreign Trade Policy shall not be counted for calculation of export performance or for computation of entitlement under the scheme: (a) (i) export of imported goods covered under Para 2.35 of Foreign Trade Policy; (ii) exports through transshipment, meaning thereby that exports originating in third country but transshipped through India; (b) Export turnover of Special Economic Zone units or supplies made to such units or Special Economic Zone products exported through Domestic Tariff Area units; (c) deemed exports; (d) service exports; (e) diamonds and other precious, semi-precious stones; (f) gold, silver, platinum and other precious metals in any form, including plain and studded jewellery; (g) ores and concentrates, of all types and in all forms; . (h) cereals, of all types; (i) sugar, of all types and in all forms; (j) crude/petroleum oil and crude/petroleum based products covered under ITC HS Codes 2709 to 2715, of all types and in all forms; and (k) items, which are restricted or prohibited for export under Schedule-2 of Export Policy in ITC (HS). Explanation .- In this notification- (i) goods means any inputs, or goods including capital goods, 2 [*****]; (ii) capital goods has the same meaning as assigned to it in paragraph 9.12 of the Foreign Trade Policy; (iii) Foreign Trade Policy means the Foreign Trade Policy 2004-2009, published by the Government of India in the Ministry of Commerce and Industry vide notification No.1 (RE-2006)/2004-2009, dated the 7th April, 2006. F.No.605/36/2006-DBK (Pt.) (Jagmohan Singh) Under Secretary to the Government of India ------------------------- Notes :- (As amended by Notification No. 63/2007 dated 4/5/2007, 72/2007 dated 21/5/2007, 116/2007 Cus. Dated 30/11/2007 , 125/2008 Cus dated 21/11/2008 and 19/2009 Customs dated 24/2/2009 ) [For further addition of more ports, see notification no. 123/2009 Customs dated 10/11/2009 ] 1. Substituted vide notification no. 15/2009 Cus dated 19/2/2009 , before it was read as, (8) that the items allowed for import shall be in accordance with Paragraph 3.12.4 of the Foreign Trade Policy; 2. The words which are freely importable under the Foreign Trade Policy omitted vide notification no. 15/2009 Cus dated 19/2/2009 3. For the words and Krishnapatnam , the words and brackets, Krishnapatnam and Ennore (Tamil Nadu) has been substituted vide Notification No. 93/2010-Cus, dated 14-9-2010. 4. For the words and brackets Waluj (Aurangabad) , the words, brackets and punctuations Waluj (Aurangabad) , Talegoan (District Pune), Dhannad Rau (District Indore), Kheda (Pithampur, District Dhar) and Patli (Gurgaon) , has been substituted vide Notification No. 123/2009-Cus, dated 10-11-2009. 5. For the words and brackets and Patli (Gurgaon) the words and brackets, Patli (Gurgaon), Irugur Village (Tamil Nadu), Thudiyalur (Tamil Nadu), Chettipalayam (Tamil Nadu) and Veerapandi (Tamil Nadu) , has been substituted vide Notification No. 93/2010-Cus, dated 14-9-2010. 6. For the words Amritsar Rail Cargo and Attari Road , the wordsAmritsar Rail Cargo, Attari Road, Hilli, Ghojadanga and Changrabandha , has been substituted vide Notification No. 116/2007-Cus, dated 30-11-2007. 7. Substituted vide Notification No. 40 /2011 Customs, Dated 19/05/2011, before it was read as:- and Veerapandi (Tamil Nadu), 8. Substituted vide Notification No. 37/2012-CUSTOMS, Dated 24/05/2012 , before it was read as:- and Ennore (Tamil Nadu) 9. Substituted vide Notification No. 40/2012-CUSTOMS, Dated 14/06/2012 , before it was read as:- and Marripalem Village in Taluk of Edlapadu, District Guntur 10. Substituted vide Notification No. 50/2012-Customs, dated 10/09/2012 , before it was read as:- and Tondiarpet (TNPM), Chennai 11. Substituted vide Notification No. 4/ 2013 Customs, dated 14/02/2013 before it was read as:- Indore and Dabolim (Goa) . 12. Substituted vide Notification No. 20/2013 Customs dated 3/04/2013 , before it was read as Ennore (Tamil Nadu) and Karaikal (Union territory of Puducherry) . 13. Substituted vide Not. 26/2017 - Dated 29-6-2017 , 1st day of July, 2017 , before it was read as. under section 3 14. Substituted vide Not. 26/2017 - Dated 29-6-2017 , 1st day of July, 2017 , before it was read as. under section 3 15. Substituted vide Not. 26/2017 - Dated 29-6-2017 , 1st day of July, 2017 , before it was read as. under section 3