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Exemption to materials imported against Advance Licence with Actual User Condition

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..... rom the whole of the additional duty leviable thereon 2 [ under sub-sections (1), (3) and (5) of section 3 ] of the said Customs Tariff Act, subject to the following conditions, namely - (i) that the materials imported are covered by an Actual User Duty Exemption Entitlement Certificate (hereinafter referred to as the said certificate), issued by the Licensing Authority in the form specified in the schedule annexed to this notification, in respect of the value, quantity, description, quality and technical characteristics; (ii) that the importer at the time of clearance of the imported materials executes a bond with such surety or security and in such form and for such sum as may be specified by the Assistant Commissioner of Customs or Deputy Commissioner of Customs binding himself to pay on demand an amount equal to the duty leviable, but for the exemption, on the imported materials in respect of which the conditions specified in this notification have not been complied with, together with interest at the rate of fifteen per cent per annum from the date of clearance of the said materials : Provided that the bond shall not be necessary in respect of imports made after .....

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..... fulfilment of export obligation, or within such extended period as the said (Assistant Commissioner of Customs or Deputy Commissioner of Customs) may allow; (vii) exempt materials shall not be disposed of or utilised in any manner except for utilization in discharge of export obligation or for replenishment of such materials and the materials so replenished shall not be sold or transferred to any other person; (viii) that in relation to an Advance Licence issued to a Merchant Exporter - (a) the name and address of the supporting manufacturer is specified in the said licence and the said certificate and the bond required to be executed by the importer in terms of condition (ii) shall be executed jointly by the Merchant Exporter and the supporting manufacturer binding themselves jointly and severally to comply with the conditions specified in this notification; and (b) exempt materials are utilised in the factory of such supporting manufacturer in terms of condition (vii). 2. Where the goods are found defective or unfit for use, the said goods may be re-exported back to the foreign supplier within 3 years from the date of payment of duty on the importation there of. .....

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..... e for exemption from customs duties subject to the conditions specified in the notification of the Government of India, Ministry of Finance, Department of Revenue No................ Customs, dated the .............. 1997. The importer shall discharge the export obligation in terms of the said notification within............. months from the date of issue of licence. A Bond with security/surety in terms of the said notification, shall be executed before clearance of the goods from the Customs. Signature Seal of licensing authority Date PART-A Names and addresses of the factories where the resultant products for export are manufactured. PART B Names and addresses of factories where the ancillaries to the resultant products for export are manufactured. PART-C List of materials of import (a) Materials to be imported under this certificate Sl. No. Item of Import Quality Technical Characteristics 1. 2. 3. 4. .....

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..... Amount of (i) Duty (ii) Interest Particulars of duty paying documents Signature of the Customs officer 5. 6. 7. ACTUAL USED DUTY EXEMPTION ENTITLEMENT CERTIFICATE PART - 2 (EXPORT) (This consists of....................... pages) Sl. No................................... (EXP) Date of Issue........................... Port of Registration .................................. Issued to ............................................................. ......................................................................................... (name and full address of ......................................................................................... the licencee) Materials imported against Licence No. ................... dated ...................... issued by........................... to the above licencee and covered by the list of materials specified in list (a) of Part 'C' of this certificate would be eligible for exemption from customs duti .....

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..... PART -H Statement of imports and exports made Details of Imports made: S. No. S. No. of Part C Description Quantity imported CIF Value in Rs. /in equivalent US $ 1. 2. 3. 4. 5. Details of Exports made: S. No. S. No. in Part E Description Quantity imported] FOB Value in Rs./in equivalent US $ 1. 2. 3. 4. 5. 1. I/We hereby declare that information given in this statement is correct. 2. I/We hereby declare that no benefit under Rule 18 or Rule 19 of the Central Excise (No. 2) Rules, 2001, has been availed in respect of exports made under this DEEC. .....

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