MSME Import

8/15/2019 MSME Import

1/15

6/4/2016 Welcome to MSME

http://www.msmedi-chennai.gov.in/MSME/ImportProc.jsp

Government of India - Ministry of MSME.

MSME Development Institute, Chennai

Home About Us Site Map RTI ACT Public Greivances Cell Contact Us

Training Programme Calendar

Entrepreneur Programme

Skill D evelopment Programme

Seminar / Workshop

Trade Fair / Exhibitions / B2B Meet

Online Information

EM Filing (SSI Registration)

Export / Import Guidance

Reimbursement Status

Whom to Contact(Guide to Entrepreneur)

Schemes

Services Offered

Tender

Officer's List

Branch Officer's Details

Government Procurement Policy

Home >> Exports >> Import Procedure

Import Procedure

How to Import -Introduction

Pricinpal Law & Import Export Policy

Registration with Regional Licencing Authority and obtaining IEC Code

Licence Application Fees

Validity of Licence

Conditions of Licence

Imports under Special Scheme for Exporters

Selecting the Overseas Supplier

Finalising the Terms of Import

Payment against Imports

Letter of CreditScrutiny of documents and Retirement of Documents

Mode of payment & Time limit for Import Remittance

Customs Clearance of imported goods

Classification of Customs tariff and Levy of Customs Duty

Warehousing of Imported goods

Import by Export of Services

Import through Courier

Import for personal use

Import of Samples

Import of Prototype

Import of Computer, Computer parts and Computer Software

Import of Passenger Baggage

How to Import -Introduction

How to Start Import

[As governed by the Foreign Trade (Development & Regulation) Act, 1992]

With the globalisation of Indian economy and consequent upon comfortable balance of payment position

Government of India has liberalised the Import Policy and practically all Controls on imports have been

lifted.Imports may be made freely except to the extent they are regulated by the provisions of Import Policy or

by any other law for the time being in force.

Pricinpal Law & Import Export Policy

Principal Law

Imports in to India are governed by Foreign Trade (Development & Regulation) Act 1992. Under this Act,

imports of all goods is Free except for the items regulated by the policy or any other law for the time being in

force.In exercise of the powers conferred by the Foreign Trade (Development & Regulation) Act 1992 the

Government has issued the following Rules & Order:

Foreign Trade(Regulation)Rules, 1993, which inter alia, provide for grant of special licence, application for grant

of licence, fee, conditions for licences, refusal of licence, amendment of licence, suspension of a licence,

cancellation of licence, declaration as to the value and quality of imported goods, declaration as to the

Importer- Exporter Code number, utilisation of imported goods, provisions regarding making, signing of any

declaration/statement or documents, power to enter the premises and inspect, search and seizure of goods,

documents, things and conveyance, settlement, confiscation and redemption and confiscation of conveyance.

Foreign Trade (Exemption from Application of Rules in Certain Cases) Order 1993

Notifications under Foreign Trade (Development & Regulation) Act 1992.

Import Export Policy

The present import policy and procedures in respect of various commodities/category of importers, are, inter

alia, contained in the following publications issued by the Ministry of Commerce and revised from time to time:

Import - Export Policy, 1997-2002 as modified upto 31.03.1999

Handbook of Import - Export Procedures(Volume 1), 1997-2002 as modified upto 31.03.2000.

Handbook of Import - Export Procedures: (Volume 2) Duty Exemption Scheme:

Input - Output and Value Addition Norms, 1997-2002.

ITC(HS) Classification of Import and Export Items.

Notifications and Circulars

Search

Officers Login Complaints/ Compliments FAQ

http://www.msmedi-chennai.gov.in/MSME/GovernmentProcurementPolicy.jsphttp://www.msmedi-chennai.gov.in/MSME/officerslistview.jsphttp://www.msmedi-chennai.gov.in/MSME/SeminarDetailsView.jsphttp://www.msmedi-chennai.gov.in/MSME/Faq.jsphttp://www.msmedi-chennai.gov.in/MSME/CustomerFBSubmitJsp.jsphttp://www.msmedi-chennai.gov.in/MSME/Export.jsphttp://www.msmedi-chennai.gov.in/MSME/index.jsphttp://www.msmedi-chennai.gov.in/MSME/GovernmentProcurementPolicy.jsphttp://www.msmedi-chennai.gov.in/MSME/branchofficersview.jsphttp://www.msmedi-chennai.gov.in/MSME/officerslistview.jsphttp://www.msmedi-chennai.gov.in/MSME/TenderDetailReport.jsphttp://www.msmedi-chennai.gov.in/MSME/ServicesOffered.jsphttp://www.msmedi-chennai.gov.in/MSME/whomtocontact.jsphttp://www.msmedi-chennai.gov.in/MSME/ExportCounciling.jsphttp://www.msmedi-chennai.gov.in/MSME/SSIRegistration.jsphttp://www.msmedi-chennai.gov.in/MSME/TradeFair.jsphttp://www.msmedi-chennai.gov.in/MSME/SeminarDetailsView.jsphttp://www.msmedi-chennai.gov.in/MSME/contact.jsphttp://www.msmedi-chennai.gov.in/MSME/PublicGreivancesCell.jsphttp://www.msmedi-chennai.gov.in/MSME/RTI.jsphttp://www.msmedi-chennai.gov.in/MSME/Site.jsphttp://www.msmedi-chennai.gov.in/MSME/AboutUs.jsphttp://www.msmedi-chennai.gov.in/MSME/index.jsp


2/15


http://www.msmedi-chennai.gov.in/MSME/ImportProc.jsp 2

The Import - Export Policy and Procedure books issued by the Government are amended/clarified/ explained by

the Ministry of Commerce from time to time. The types of Notifications/Clarifications/Instructions issued by the

Ministry for this purpose are:

Public Notices.

Notifications

Policy Circulars

Select the commodity/Product you wish to import :

Be aware of the import potential and the commercial viability of the commodity/product.

Check whether the items of your interest fall in the Restricted list of ITC(HS) Classifications of Exports &

Imports items.

Prohibited items are not permitted to be imported at all. List of Prohibited items of import are detailed below:

Tallow, Fat or Oils rendered, unrendered or otherwise of any animal origin, animal rennet and wild animals

including their parts and products and ivory any part and products, including ivory.

For import of items appearing in Restricted list you need secure import licence. Third category of items comes

under the Canalised list of items. Import of items included in Canalised list are permitted to be imported

through Canalising Agencies.

Thus items not appearing in Prohibited list, Restricted list and or in Canalised list can be imported Freely

without any import licence. A large number of Consumer goods are freely importable without licence.

Registration with Regional Licencing Authority and obtaining IEC Code

Registration with Regional Licensing Authority:

Registration with Regional Licensing Authority is a pre-requisite for import of goods. The Customs will not allow

clearance of goods unless:

The importer has obtained IE Code Number from Regional Licensing Authority. However, no such registration

is necessary for persons importing goods from/ to Nepal provided Value of a single Consignment does not

exceed Rs. 25000/=

Obtaining IEC Code Number

An application for grant of IEC Code Number should be made in the prescribed proforma given at Appendix 3.I.

The application duly signed by the applicant should be supported by the following documents:

Bank Receipt (in duplicate)/demand draft for payment of the fee of Rs.1000/- Certificate from the

Banker of the applicant firm as per Annexure1 to the form. Two copies of passport size

photographs of the applicant duly attested by the banker of the applicant.

A copy of Permanent Account Number issued by Income Tax Authorities, if PAN has not been

allotted, a copy of the letter of legal authority may be furnished. If there is any non-resident

interest in the firm and NRI investment is to be made with repatriable benefits, full particulars

thereof along with a photocopy of RBI's approval. If there is NRI investment without repatriation

benefit, a simple declaration indicating whether it is held with the general/specific permission of

the RBI on the letter head of the firm should be furnished. In case of specific approval, a copy

may also be furnished.

Declaration by the applicant that the proprietors/partners/directors of the applicant

firm/company, as the case may be, are not associated as proprietor/partners/directors with any

other firm/company the IEC No. is allotted with a condition that be can export only with the prior

approval of the RBI.

Profile of the exporter/importer in a given format at Appendix 3.II.

The Registered Office or HO or Branch Office (duly authorized by the HO in this behalf) should apply for

allotment of IEC No. However, only one IEC no. is allotted to a company and the same is valid for all its

branches/offices/units. The applilcation for grant of IEC No. should be made to the Regional Licensing Authority

concerned as specified in Appendix 3.III.

The application fee shall be deposited by way of deposit in an authorized branch of Central Bank of India

indicating the head of Account 1453 Foreign Trade and Export Promotion Minor Head 102. Import Licence

Application Fee.

The IEC No. is likely to be granted within 3 days of the receipt of the complete application and requisite

documents.

How to fill up IEC application:

Application form should be made in the prescribed form in duplicate along with the above enclosures,

mentioned against serial 1 to 8 of above paragraph, also in duplicate.

The form should be neatly typed/handwritten in bold capital letters only.

Each copy of the application form should be signed in ink by the authorised person.

Items of information relevant to applicant should only be filled and remaining items may be marked not

applicable.

Modification of particulars of the applicant should also be furnished on this form by filling the relevant items.

However, in case an IE Code holder no longer wishes to operate under the allotted code number, the matter

should be brought under the notice of the Regional Licensing Authority to make the Code number inoperative.

Import Policy:

For items not mentioned as Prohibited, Restricted or Canalised List for import in ITC(HS) Classification of

Export and Import items; import of such items are freely permitted. There is no need to obtain any license or

permission for importing such goods. The ITC(HS) Classification of Export and Import items contains 99

chapters and in each chapter there are column heading covering Exim Code, items description, policy and

nature or restriction. The information related to import policy for any item can be obtained from our site under

Customs Duty Calculator Schedule.

Procedure to be followed for grant of import license:

An application for grant of an import licence or CCP for import of the items mentioned as restricted for import


3/15



in ITC(HS) Classification of Export and Import items may be made to the regional licensing authority

concerned.

Licence Application Fees

Fees for Licence Application:

Every application for import licence or CCP should be accompanied by 2 copies of a bank receipt from the

Central Bank of India or a Bank Draft from any Bank indicating the deposit in accordance with the prescribed

scale of fees.

Rs. 200 where the value of goods specified does not exceed Rs. 50,000.

Rs. 2 per thousand or part thereof subject to a minimum of Rs. 200 and a maximum of Rs.1 lakh

50 thousand, where the value of goods exceeds Rs. 50,000.

Rs. 200 where Application is filed be SSI units where the CIF value of goods specified in the

application does exceed Rs. 2 lakh.Rs. 200 where application is fro grant of duplicate licence.

The application fee shall be deposited either:

By way of deposit in an authorized branch of Central Bank of India indicating the Head of Accounts 1453

Foreign Trade and Export Promotion - Minor Head 102, Import Licence Application Fee. The Bank receipt must

show the name of the department viz. "Director General of Foreign Trade". The bank receipt should be drawn

in favour of Pay & Accounts Officer concerned. Such fees can also be deposited with Indian Missions abroad.

Or, Crossed DD on a scheduled bank for the requisite amount should be made in favour of the concerned

licensing authority.

Validity of Licence

Besides import licence for import of restricted items there are other variety of licences and such licences have

different period of validity.

Export Promotion Capital Goods Licence validity 24 months

Customs Clearance Permit " 12 months

DEPB " 12 months

Advance License/Special Imprest Licence

For Project/Turnkey Project "18 months or co-terminus with the contracted duration of the Project

For the cases where the license expires before the last day of the month, the license shall be deemed to be

valid until the last day of that month.

Revalidation of License: License revalidation can be done on merits but not beyond 12 months by the

concerned licensing authority for a period of six months at a time reckoned from the date of expiry of the

validity period.

Last date for filling applications: the last date for receipt of applications for grant of licenses is 28th

February of the licensing year unless otherwise specified.

Conditions of Licence

Licensing conditionalities: The license for import is taken into consideration provided:

the goods covered by the license shall not be disposed of except in accordance with the provisions of the EXIM

Policy, 1997-2002 or in the manner specified by the licensing authority in the license;

the applicant for a license shall execute a bond for complying with the terms and conditions of the license.

It shall be deemed to be a condition of every license for import that -

no person shall transfer or acquire by transfer any license issued by the licensing authority except in

accordance with the provisions of the Policy;

the goods for the import of which a license is granted shall be the property of the licensee at the time of

import of which a license is granted shall be the property of the licensee at the time of import and up to the

time of clearance through the Customs;

the goods for the import of which a licensee is granted shall be new goods, unless otherwise stated in the

license;

the goods covered by the license for import shall not be exported without the written permission of the DGFT;

Disposal period for import application: Provided the application is complete in all respects along with

prescribed documents, the applicant-importer can expect the disposal in:

IEC No. - 3 working days

Duty free license where input-output norms are notified - 5 working days

Duty free license where input-output norms are notified but cases are to be placed before ALC -15 working

days

Duty free license where input-output norms are not notified, EPCG licenses/export licenses/export

licenses/specific import licenses - 15 working days

Revalidation of license and extension of export obligation period by RLA - 5 working days

Acceptance of Bank Guarantee/Legal undertaking - 3 working days

Redemption of Bank Guarantee/Legal undertaking/Endorsement of Transferability - 10 working days

Issuance/renewal of Export House/Trading House/Star Trading House/Super Star Trading House - 15 working

days

Amendment of any category of license - 5 working days SIL - 7 working days

Fixation of Standard input-output norms - 45 working days

DEPB - 5 working days

All licenses falling under Chapter 8 - 5 working days

Miscellaneous - 15 working days

Fixation of deemed exports drawback rate - 45 working days

N.B. This apart, a " Counter Assistance" service is provided in all the offices of the DGFT for speedy disposal of

applications. A foreign trade development officer (FTDO), in charge of the counter in each office. On submission

of the application at the counter the applicant will be handed over a token and advised to return the same day


4/15



when he will be informed whether his application has been found complete and admitted for further processing

by the office or if there are any deficiency or lacunae. If deficiency is noticed the same is sent back to the

applicant.

Counter Assistance may also be availed of, for amendments of minor nature/enquiries. Applications in such

cases will be received in the licensing offices at the counter.

Importer's own Identity Card: An application for issuance of an Identity Card may be made in the

prescribed form. In case of loss of an Identity Card, a duplicate card is issued.

Imports under Special Scheme for Exporters

The Govt. of India has framed the certain schemes to promote exports.

Export Promotion Capital Goods Schemes:

Capital goods including jigs, fixtures, dies and moulds may be imnported at a concessional rate of customs duty

as per table given below. Subject to an export obligation to be fulfilled over a period of time. In addition spares

up to 20 per cent of the cost insurance and freight (CIF) value of the capital goods may also be imported under

the scheme.

Under this scheme Customs duty is 5% if the export obligation is 5 times the CIF value of the capital goods or

4 times the CIF value of capital goods on NEF basis. The period of fulfillment of the export obligation is 8 years

reckoned from the date of issuance of licence.

Period from the date of issue of licence Proportion of total export obligation

Block of 1st and 2nd year nil

Block of 3rd and 4th year 15%

Block of 5th and 6th year 35%

Block of 7th and 8th year 50%

The licence holder under EPCG scheme shall fulfill the export obligation over the specified period in the

following proportions:

An application for grant of license under this scheme should be made to the licensing authority concerned in

the form given in Appendix 10 A of the Handbook of Procedures, 1997-2002 along with documents prescribed

therein. Before clearance of goods through customs, the importer has to execute a bond supported by a bank

guarantee with the Customs Authority in the prescribed manner. The license holder will also have to submit

progress report of the export/supplies made and services provided, duly certified by a Charted Accountant/Cost

and Works Accountant to the Licensing Authority. The report should be submitted in the prescribed form 10C

of the Handbook of Procedures, 1997-2002. For Customs duty exemption exemption in respect of imports

under EPCG scheme, the Ministry of Finance has issued Notification No. 28/97-Cus. & 29/97-Cus., both dated

1st April, 1997.

Duty Exemption Scheme:

According to the EXIM Policy 1997-2000, duty free import of inputs is permitted under the following schemes:

Advance License - granted to merchant exporter or manufacturer exporter for the import of inputs required for

the manufacture of goods without payment of basic customs duty. However, such inputs shall be subject to

the payment of additional customs duty equal to the excise duty at the time of import. Reference: Notification

No. 30/97-Customs both dated 1.4.97.

Annual Advance License - Manufacturer exporter with export performance of Rs. 1 crore in the preceding year

and registered with excise authorities, except for products which are not excisable for which no such

registration is required, shall be entitled for Annual Advance License. Export House, Trading House, Star

Trading Houses and Super Star Trading Houses Holding the certificate as merchant exporter where they agreeto the endorsement of the name(s) of the supporting manufacturer on the relevant annual advance license

shall also be entitled for the annual advance license.

This license and/or material imported thereunder shall not be transferable even after completion of export

obligation. Such annual advance license shall be issued with positive value addition without stipulation of

minimum value addition. The entitlement under this scheme shall be up to 125% of the average FOB value of

export in the preceding licensing year. Imports against this is exempted from payment of Additional customs

duty, Special Additional Duty, Anti Dumping Duty, Safeguard duty, if any, in addition to Basic customs duty

and surcharge thereon.

Advance Intermediate License: This license is granted to a manufacturer exporter for the import of inputs

required in the manufacture of goods to be supplied to the ultimate exporter holding an Advance

License/Special Imprest License.

Special Imprest License: This license is granted for the duty free import of inputs required in the manufacture

of goods to be supplied to the ultimate exporter holding an Advance License/Special Imprest License. Such

Special Imprest License is granted for the Duty Free import of inputs required in the manufacture of goods to

be supplied to the EoUs/units in EPZs/STP/EHTP, holders of license under the EPCG scheme, projects financedby multilateral/bilateral agencies/funds as notified by the Dept. of Economic Affairs, MoF, Fertilizer Plants if the

supply is made under the procedure of International Competitive Bidding, supply of goods to refineries and

proejcts/purposes for which MpF permits import of such goods on zero customs duty.

Advance Release Order:

A duty free license holder except Advance Intermediate License Holder intending to source the inputs from

indigenous sources/canalising agencies/EOUs/EPZ/EHTP/STP units in lieu of direct imports has the option to

source them against Advance Release Order denominated in foreign exchange/Indian rupees. In such cases,

the license is invalidated for direct import and permission in the form of ARO is issued which will entitle the

supplier to the benefits of deemed exports.

Back to back inland letter of credit: This is an alternative to ARO. For this the duty free license holder intending

to avail such facility may approach a bank for opening an inland L/C in favour of an indigenous supplier. Before

this the bank will ensure that necessary bank guarantee or Letter of Undertaking has been executed by the

license holder and endorsement to this effect has been made on the License. The indigenous supplier may

supply the goods on the strength of L.C. opened in his favour . For the purpose of claiming Deemed Export


5/15



benefits, an indigenous supplier shall produce the copy of the L/C together with a photocopy of the Duty Free

License, duly endorsed by the bank concerned and the said documents shall for all purposes be deemed to be

an ARO.

Duty Entitlement Pass Book scheme: It aims at neutralising the incidence of customs duty and surcharge

thereon on the import content of the export product. This neutralisation is provided by way of grant of duty

credit on the deemed import content in the export product as per Standard input output norms and

considering the value addition achieved. This scheme is allowed to be operated on pre and post export basis by

a manufacturer exporter and merchant exporter. The scheme allows exporter to claim credit of customs duty

at a specified percentage of the f.o.b. value of the exports made in freely convertible currency. DGFT issues

public notice featuring eligible products along with the credit rates under this scheme. Although items outside

the restricted list can be exported without Customs duty, DEPB holder may pay additional customs duty in

cash, if any. (vide MoF Customs Notification No. 34/97 - Cus. Dated 7.4.1997 and Circular No. 10/97-Cus.

Dt.17.4.1997). Third party exports are also permissible for grant of credit under this scheme and DEPB is valid

for 12 months from the date of issue.

Special Import License(SIL): issued to Export/Trading/Star Trading/Super Star Trading houses;

Manufacturers/processors with the quality certification from ISO,HACCP,WHO-GMP or SSI CMM level 2 and

above certification; EOUs/EPZs ; Deemed exporters; exporters of telecom and electronic equipments; small

scale exporters(certified); service providers and other exporters. This provision has been withdrawn from

31.03.2000. No SIL licenses will be issued for exports made after 31.03.2000.

Diamond, Gem & Jewellery Export Promotion Scheme: Exporters of gem and jewellery are eligible to import

their inputs by obtaining Rep. License and diamond imprest license from the licensing authority. Exporters of

gold/silver/platinum jewellery and articles thereof may import their essential inputs e.g. precious metals and

stones in accordance with the procedure specified in this regard.

100% EOU/EPZ/FTZ Scheme -This means an industrial unit offering its entire production, excluding rejects

and items otherwise specifically permitted to be supplied to the domestic tariff area(DTA), for exports. Such

units may be set up under the EOU/EPZ scheme. While EOUs can be set up anywhere in India subject to

certain locational conditions, units in EPZ/FTZ can be set up in specific areas separated from the DTA by

physical barriers.

Hints/Suggestion for finalisation of import order/contract:

Proper selection of the Commodity will depend up on Various Commercial and legal Considerations including

the regulations Contained in the Current Import Export Policy, Procedure, while selecting the product,

particularly for Commercial purposes one should know the export regulations in the exporting Countries.

Selecting the Overseas Supplier

Imports can be made from any country of the world except Fiji and Iraq. The information regarding overseas

supplier can generally be obtained from the following sources:

Trade Directories and Yellow Pages, like Singapore yellow pages, Japan yellow pages, USA yellow pages etc.

available from leading booksellers in India including. Consulate Generals and Trade Representatives of various

countries in India and abroad.

Friends and relatives in foreign countries. International Trade Fairs and Exhibitions for which you may contact:

International Trade Promotion Organisation(ITPO),

Pragati Maidan, New Delhi.

Chamber of Commerce.

Directorate of Industries, etc.Indenting Agents of Foreign Suppliers.

The advertisement in foreign papers may also be useful.

Similar informations are also available in our Import-Export database.

Capability and Creditworthiness of Overseas Supplier

Successful completion of an import transaction will mainly depend upon the capability of the overseas supplier

to fulfil his contract.The credit worthiness of the overseas supplier, his capacity to fulfil that contract, etc.

should, therefore, be properly verified beforeentering into a contract with him. Confidential reports about the

supplier may be obtained through the banks and Indian embassies abroad. Reputed overseas suppliers

normally have their Indenting Agents with offices in India and contract can also be finalised through them for

smoother operations. The importer can also take the assistance of Credit Information Agencies for specific

commercial information on overseas suppliers. They may also contact Trade Information Centres of the

country concerned.

Correct address of these agencies can be obtained from the overseas countries trade representatives posted in

India.

Role of Overseas Suppliers' Agents in IndiaSome overseas suppliers have appointed their agents in India. These agents procure orders from the Indian

parties and arrange for the supply of goods from their principal abroad. It is advisable to import through such

agents as they can be readily contacted in case of any difficulty with regard to quality of goods, payment and

documentation, etc.

Finalising the Terms of Import

This is an important subject and should be handled with extreme care and caution. It is advisable that before

finalising the terms of Import Order, you should call for the samples or catalogue and other relevant literatures

and the specification of the items to be imported. Import of samples of goods is exempt from import duties

under 'Geneva' Convention of 7th November, 1952. Samples are subject to re-export and other conditions as

specified in the Geneva Convention. Besides, vide Customs Notification No. 154/94 dated 13.07.1994,

commercial samples brought into India as personal baggage by bona fide commercial travellers and

businessmen or imported into Into India by post or by air are exempt from the customs duty. Similarly, vide

Notification No. 154/94 dated 13.07.1994, prototype of engineering goods when imported into India as

samples for executing or for use in connection with-export orders are exempt from customs duty. Likewise,


6/15



the Central Government has exempted bona fide commercial samples and prototype of engineering goods

when imported into India by post or by air or by courier service by manufacturers of export goods.

Once you are satisfied with the samples and the creditworthiness of the overseas supplier, you can proceed to

finalise the term of the contract to be entered into. For this purpose, the Import Contract should be carefully

and comprehensively drafted incorporating therein precise terms, all relevant conditions of the trade deal.

There should not be any ambiguity regarding the exact specifications of the goods and terms of the purchase

including import price, mode of payment, type of packaging, port of shipment, delivery schedule, etc. The

different aspects of an import contract are enumerated as under some of which may be relevant and other

may not be:

Product, Standards and specifications.

Quantity.

Inspection.Total value of the Contract.

Terms of Delivery.

Taxes, Duties and Charges payable at Exporting Country and payable in India on importation.

Period of Delivery/Shipment.

Packing, Labelling and Marking.

Terms of Payment-Amount, Mode & Currency.

Discounts and Commissions.

Licenses and Permits.

Insurance.

Documentary Requirements.

Guarantee.

Force Majeure or Excuse for Non-performance of Contract.

Remedies.

Arbitration.

Mode of Pricing and INCO TERMS

While finalising the terms of import contract, the Importer, should, inter alia, be fully conversant with the

mode of pricing and the manner of payment for the imports. As regards mode of pricing, the overseas supplier

normally quote the terms prevailing in international trade.

The importer for his benefits should know the meaning of the technical terminology. To avoid ambiguity in

interpretation of such terms, International Chamber of Commerce, Paris, Has give detailed definition of a few

standard terms popularly known as 'INCO TERMS'. These terms have almost universal acceptance and are

explained below:

Ex-work

'Ex-work' means that the seller's responsibility is to make the goods available to the buyer at works or factory.

The full cost and risk involved in bringing the goods from this place to the desired destination will be borne by

the buyer. This terms thus represents the minimum obligation for the seller. It is mostly used for sale of

plantation commodities such as tea, coffee and cocoa.

Free on Rail (FOR)/Free on Truck (FOT)

These terms are used when the goods are to be carried by rail, but they are also used for road transport. The

seller's obligations are fulfilled when the goods are delivered to the carrier.

Free Alongside Ship (FAS)

Once the goods have been placed alongside the ship, the seller's obligations are fulfilled and the buyer notified.

The buyer has to contract with the sea carrier for the carriage of the goods to the destination and pay the

freight. The buyer has to bear all costs and risks of loss or damage to the goods hereafter.

Free on Board(FOB)

The sellers's responsibility ends the moment the contracted goods are placed on board the ship, free of cost to

the buyer at a port of shipment named in the sales contract. 'On board' means that a Received for Shipment'

Bill of Lading is not sufficient. Such B/L if issued must be converted into 'Shipped on Board B/L' by using the

stamp 'Shiped on Board' and must bear signature of the carrier or his authorised representative together with

date on which the goods were 'boarded'.

Cost and Freight (C & F)

The seller must on his own risk and not as an agent of the buyer, contract for the carriage of the goods to the

port of destination named in the sale contract and pay the freight. This being a shipment contract, the point of

delivery is fixed to the ship's rail and the risk of loss or of damage to the goods is transferred from the seller to

the buyer at that very point. As will be seen though the seller bears the cost of carriage to the named

destination, the risk is already transferred to the buyer at the port of shipment itself.

Cost Insurance Freight (CIF)

The term is basically the same as C & F but with the addition that the seller has to obtain insurance at his cost

against the risks of loss or damage to the goods during the carriage.

Payment against imports

Payment under better of Credit is a universally accepted mode of payment. A Letter of Credit is a Signed

instrument and an undertaking by the banker of the buyer to pay the seller a certain sum of money on

presentation of documents evidencing Shipment of Specified goods subject to Compliance with the stipulated

terms and Conditions.

Letter of Credit vs Bank Gaurantee

A letter of credit differs from a bank guarantee. An issuing or confirming bank's obligation is

independent of, and unqualified by, the contract of sale under the transaction. A commercial

credit is neither a performance bond, nor it is a guarantee of the quantity or quality of the goods


7/15



shipped.

Letters of Credit are Separate Transactions

A contract for sale of goods between the seller and the buyer incorporates mode of settlement. Letters of

credit by their nature are separate from the sale contract, and banks are not concerned or bound by such sale

contracts even if the credits bear reference to them.

The credits stipulate documents which have to be tendered for payment and it, therefore, follows that in

credits parties deal with documents and not with goods, services or performances to which the documents

relate.

It is, therefore, in the interest of all the parties concerned that the conditions and terms of credit are complete

and precise and barefit of excessive details.

Payment under a letter of credit does not depend on the performance obligation on the part of the exporter

except those which the credit imposes. Banks accept documents under letters of credit for what those

document purport to be on their face. Contract between the buyer and the seller is obligatory between

themselves. The seller(beneficiary) cannot take advantage of any contractual terms in between the buyer and

the opening bank and between the opening bank and the advising/confirming bank.

Uniform Customs and Practice for Documentary Credit

In the course of time, a number of practices, expressions and terms have evolved between banks dealing with

documentary credits. To ensure uniformity of interpretation in international trade, the International Chambers

of Commerce in Paris has worked out the "Uniform Customs and Practice for Documentary Credit". These have

been revised and brought up to date several times in the past. The latest in the line of revisions is the UCP

500 (w.e.f. January 1, 1994) which updates and consolidates the previous UCP 400. They are now applied by

the banks in nearly all countries including India.

Parties to a Letter of Credit:

Following persons are generally parties, to a letter of Credit:

Benificiary : The exporter of goods in whose favour the L/C has been established. Customer/importer : The

person we intends to import the goods and instructs bank to established Letter of Credit.

Issuing Bank: The Banker in the importers Country who opened the L/C. Correspondent Bank or Advising

Bank: The banker in the exporters country, who is authorised by the issuing bank to advise the beneficiary of

the Credit and to effect such payment or to accept and pay such bills of exchange or to negotiate against

Stipulated documents and on Compliance of Stipulated terms and condition specified by the importer on the

exporter.

Confirming Bank: The banker in the exporters(beneficiary) country, who at the desire of the beneficiary adds

confirmation to the letter of Credit so that beneficiary can get payment without recourse from the Confirming

bank. The Confirming bank may be correspondent bank itself or some other bank.

Generally following types of Letter of Credit are in operation.

Revocable or Irrevocable Letters of Credit

Confirmed Credit

Transferable Credit

With or without Recourse Credit

Revolving Letter of Credit

Transit Credit

Back to Back Credit

The Sight CreditThe Credit available against Time Draft (Usance Credit)

The Deferred payment Credit.

Precautions to be taken at the time of establishing Letter of Credit

Letter of credit offers almost complete protection to the seller but the buyer is put to many disadvantages and

has to make payments against documents only. Before agreeing to open a letter of credit in favour of the

seller, the opener must be satisfied with the creditworthiness and general reputation of the seller. Entire

success of an L/C transaction depends on proper conduct of the seller.

Confidential report on the seller must be obtained at the time of first transaction with him.

Letter of credit also does not offer any protection for the quality/quantity of goods supplied under the L/C. It

would, therefore be necessary to know the nature of goods and specify submission of quality reports/inspection

reports from an independent agency to ensure receipt of goods of proper quality. This is particularly important

in case of import of chemicals and such other goods. The opener has to submit an L/C application to the

opening bank. The instructions contained in the L/C application is the mandate for the issuing bank and letter

of credit will be issued in accordance with this application. It is, therefore, necessary that complete and precise

information must be given in the L/C application form specifying therein the description, unit rate and quantityof the goods covered under L/C and details of documents required in absolute clear and unambiguous terms.

The reference to underlying sale contract must be avoided as far as possible. The L/C application must

nevertheless contain all the required/information based on which L/C could be opened by the bank.

After the L/C has been issued by the bank, a copy thereof must be obtained immediately. The L/C must be

scrutinized to ensure that it has been properly issued and is in conformity with L/C application. Discrepancy, if

any, must be brought to the notice of opening bank immediately.

Import contact may be concluded either in terms of INR or in foreign currency. Where the contracts are in

INR, the related documents are also prepared in INR and no conversion is involved. However, where the bill is

drawn in foreign currency, the payment is made in Indian rupees equivalent to the foreign currency. The

equivalent rupee value is arrived at by applying suitable exchange rate. These rates are applied by banks to

standardise the foreign exchange-rupee conversion process.

When the price of foreign currency is quoted in terms of home or local currency it is called direct quotation

basis. This has been in application since 02.08.1993. However, there is a difference between inter-bank

exchange rates and merchant rates.


8/15



Merchant rates are the exchange rates applied by the bankers for transaction with their customers for various

purposes, including imports and exports. These rates are calculated by the banks as per the guidelines issued

by the Foreign Exchange Dealers Association of India (FEDAI). Inter-bank rates are the rate for transactions

amongst the authorised dealers in foreign exchange and depend on the market conditions.

Since exchange rates are volatile, documents delivered by the bank at the time of a favourable exchange rate

will enable the Indian purchaser to pay less of Indian rupees. Forex rates are always quoted as two way price

i.e. at a rate at which the bank is willing to sell foreign currency(buying rate) and at a rate at which the bank

is willing to buy foreign currency(selling rate). There is always some difference in buying and selling rates.

However, the maximum spread available to bank is restricted in terms of celling imposed by RBI. All exchange

rates by authorised dealers are quoted in terms of their capacity as buyer or seller.

TT Selling Rate

This rate is applied for all clean remittances outside India. For selling foreign currency to its customer by the

bank such as for issuance of bank drafts, mail/telegraphic transfer etc.

TT Buying Rate

This rate is applied for purchase of foreign currency by banks when the banks in India have already obtained

the cover in India. Thus all foreign inward remittances which are made payable in India are converted by

applying this rate. A mail transfer issued by a bank in Dubai for US $ 10,000 drawn on any commercial bank

having branch at the overseas destination will be converted into rupees at TT buying rate.

Reading Rates-The rates announced by the banks every day morning are card rates.

Reputed importers can always bargain with the bank for improvement in the card rates for reducing their

rupee liability on conversion of foreign currency into Indian rupees. Also a distinction is made between spot

rates and forward rates. Spot rates are applicable on the day of transaction, whereas forward rates are fixed in

advance for a transaction that will mature at a specified date or during a specified period in future imports.

Hedging against Forex risk:

Exchange risk arising on account of adverse movement of the exchange rates, can be avoided by the following

methods:

By requesting the supplier to invoice the goods in Indian rupees (possible only when the seller agrees to it)

By entering into a forward exchange contract.

This involves booking of forward exchange contract with the bank of the importer.

For booking forward contract the importer should approach his bank with which an L/C has been opened. The

bank will book a forward contract only against genuine trade transaction. The bank will verify suitable

documents to ensure the authenticity and the amount of permitted currency of the underlying transaction.

The amount, date and number of the forward contract will be marked on such documents under the stamp

and signature of the bank to ensure that more than one forward contract is not booked in respect of the same

underlying transaction. A transaction may be covered either in parts or in whole. The period and extent to

which an exposure is to be covered is left to the choice of the customer. Ordinarily, the maturity of the forward

contract matches with that of the underlying transaction. If the documents of import are not received within

the agreed period of the contract, the contract needs to be cancelled(an fresh contract booked if desired) for

which the bank will levycancellation charges as per FEDAI rules. In case the documents are received before

the stipulated date and the importer wants early delivery, the bank will again levy charges for early delivery, as

per FEDAI rules.

The importers should be careful in chosing the period of forward contract. Otherwise early delivery or

cancellation of forward contract would lead to unnecessary charges. The RBI allows substitution of an importorder on specific request, provided the bank is satisfied with the circumstance leading to the non-performance

of the contract.

Where the documents are under a contract(Non-L/C case), the seller will submit the complete set of

documents to his bankers with the request to either purchase/discount the documents to his banker with the

request to either purchase/discount the documents or same on collection basis to the importer. In the former

case the seller's bank finances the sellers whereas in the latter case, no financial facility is extended to the

overseas seller. The seller's banker may advance some money against documents sent on collection basis

while, treating the documents as collateral security.

When the documents are under L/C, the documents are prepared strictly in conformity with the letter of

credit.

After preparing the documents the overseas seller will tender the documents to his banker for negotiation. The

bank, after receiving the documents, will examine them to ensure that they are strictly drawn as per the

terms of the credit. Following this the overseas banker will send the documents to the importer's banker in

India. The impoter's bank will advise the importer to collect the shipping documents either against payment or

acceptance as per the terms of the contract.In case the documents are drawn under L/C, the issuing banker(of the overseas supplier) will examine the

documents and if found in order it will hand over the same to the importer after debiting his account with

amount involved or against acceptance as per the terms of the credit.

If the documents are not in line with the terms of the credit, the overseas banker can either refuse to

negotiate further and ask the seller to send them on collection basis only; or it can contact the importer's

bank(in the buyer's country) for authorisation; or it can also make payment under the reserve against seller's

indemnity.

Import Policy:








9/15





in ITC(HS) Classification of Export and Import items may be made to the regional licencing authority

concerned.

Scrutiny of documents

This is a very important function and this should be done with great care. After receiving the

document from the overseas supplier's bank the importer's bank will scrutinise them to verify the

extent of correctness as per the terms of the L/C. For discrepancies in the documents following

principles are adopted:

If discrepancies are such which violates any of exchange control or import control regulations, the documents

should straightaway be rejected.

If the discrepancies are of trivial nature not affecting the character of the transactions the documents may be

accepted on merits.

If the documents are rejected, immediate notice to that effect should be given to the bank to safeguard the

importer's interests.The documents prescribed by the beneficiary are carefully scrutinised by the issuing

banker. The importer should also scrutinise the documents to ensure that:

They were presented when the credit was in force and had not expired.

The amendments and special instructions have been taken care of

The amount of bill does not exceed the value of L/C

All documents required in the L/C have been made available

Documents carry required endorsements

The documents do not contain discrepancies which violate any exchange control/import control regulations

The invoice is duly signed, tallies with amount of draft, Exact quantities are shown and is drawn in appropriate

currency of the origin of goods

Bill of leading is presented in full set of negotiable copies and is on board bill of lading and duly signed In case

the goods are imported on cash against documents(CAD), documents against payment(D/P) or documents

against acceptance(D/A) basis, the importer needs to take delivery of documents from the banker before

completion of the customs formalities. This process, known as retirement of documents, needs the importer to

apply to authorised dealer/banker who is in possession of documents. This can be done by tendering the funds

equivalent to the value of documents and the bank charges exchange control copy of import license, where

applicable, Form A-1 duly completed for remittance of foreign exchange.

The documents are released to the importers against payment in case of DP bills and against acceptance in

case of DA bills. The payment in either case is accepted only from the bank account of importer. If the bank is

out of funds the interest is charged to the importer's account. For any overdue period a penal interest will be

charged.

Checklist for Document (received under L/C) scrutiny:

General-check whether all documents in full sets as per L/C terms have been received

Documents had been presented before the expiry date

All the documents are dated subsequent to the date of issue of the L/C

Cancellation/overwriting in all documents are authenticated

Bills of Exchange-check whether

Drawn on the person indicated in the L/C and duly signed up by the beneficiary of the credit

Drawing is within L/C amount and in the same currency as per the L/CThe amounts in words and figures are the same and identical with the amount stated in the invoice

Superscription, regarding drawing under L/C has been made and the Bill must have been issued stamped.

Invoice- check whether invoice:

Is made out in the name of the person who had opened the L/C

Quantity, unit price and value are quoted as per L/C

Whether unit price and value are quoted as per L/C

The description of the merchandise corresponds to the description in the L/C

The arithmetical calculations are correct

Import license/OGL/Contract No./Order No./Indent No. mentioned as per L/C

No charge other than stipulated in L/C in included

Additional copy for Exchange Control purposes is submitted

The date and no. of the License/OGL indicated

Bill of lading is submitted within 21days from the date of shipment, if no specific time is between the date of

issue and expiry of L/C

The date of shipment is between the date of issue and expiry of L/CFull quantity of goods is shipped, if part shipment is not allowed

Full set is submitted

Freight is shown as prepaid/payable at destination, as per L/C

Bill of lading shows 'on board shipment'

Parties are notified as per L/C terms

Carrying vessel's name has been mentioned in Bill of Lading

The beneficiary's name is shown as consignor, unless L/C terms permits third party bill of lading

The consignee's name is as per L/C

The B/L is manually signed

The description of goods is consistent with L/C

The ports of loading/destination are mentioned as per L/C

Marks, numbers, quantity and weight agree with the invoice

The carrying vessel belongs to any particular line as per L/C

Adequately stamped


10/15



Properly endorsed

If AWB, whether flight number and date of departure mentioned

If freight has been added separately in invoice and no separate freight certificate of shipping company is

submitted. B/L shows freight amount.

Scrutiny for Insurance documents-check whether the policy is taken out in the name of the shipper

Certificate/policy is according to Letter of Credit terms

Risk commences w.e.f. date of B/L

Amount of insurance as per L/C terms

Whether drawn in the same currency as the L/C

Description of goods agree with B/L

Risks as per L/C are covered

The place where claims are payable is as per L/C terms

Adequately stamped

Details such as name of carrying vessel, ports of loading/destination, marks, agree with the B/L

Certificate of analysis, weighment,etc.

The certificates are issued by the authority stipulated in L/C

Name of the shipper is properly shown

The samples drawn relate to the goods actually shipped

Date of sample verification is within the date of shipment

Certificate of origin

It is issued by the authority stipulated in the L/C

The description of goods agrees with that in the invoice

Checking other documents

All other documents stipulated in the L/C are verified

They are issued by the authorities specified in the L/C

They contain the details as required by the L/C

For matter relating to Documentary Collections and Commercial terms, the importers are likely to be

conversant with the brochures issued by the International Chamber of Commerce(ICC), Paris.

Following are the brochures:

Uniform Customs and Practice for Documentary Collection and Commercial Terms

Uniform Rules of Collections (ICC522)

Uniform Rules for a Combined Transport Document (ICC298)

INCO Terms 1990

RBI regulations for Making Payments by importers

Import Policy:








An application for grant of an import licence or CCP for import of the items mentioned as restricted for importin ITC(HS) Classification of Export and Import items may be made to the regional licencing authority

concerned.

Mode of payment

Payments in retirement of bills drawn under L/C as well as bills received from abroad for collection against

imports into India, must be received by authorised dealers, irrespective of amount, by debit to the account of

the importer with themselves or by means of a crossed cheque drawn by him on his other bankers. Payment

against bills should not be accepted in cash. This rule also applies to private imports where the amount

involved is Rs. 20,000 or more.

Payment for import bills-Where the import bills are drawn in Indian Ruppes (INR), an equivalent amount(plus

bank charges) is debited to the account of the importer by the authorised dealer and the amount remitted to

the foreign seller. In case the bills are drawn in foreign currencies, the INR equivalent is arrived at by applying

the appropriate foreign exchange rate.

Fixing of Re. Equivalent-In order to bring uniformity in the handling of import bills under L/C authorised

dealers have been directed by the RBI of follow the following procedure:

Sight import bills received under L/C and conforming to credit terms, may be held in foreign currency for amaximum period of 10days from the date of receipt of documents by the Bank.

In case of non-payment by the drawee within 10days, the importer's liability on the foreign currency bill shall

be crystallised by converting the foreign currency amount in to rupee at the

B.C. Selling rate prevailing on the 10day or the forward exchange contract rate where applicable. Authorised

dealers shall keep a proper record of the date of receipt of documents.

In case the 10th day is holiday or a Saturday, the importer's liability in rupees shall crystallise in the next

following working day.

Authorised dealer shall carry swap costs from the customer.

Authorised dealer shall charge interest at the rate as prescribed by RBI for advances to non-priority sectors

from time to time on rupees advances made against the import bills pending retirement by the customer.

Such interest shall be recovered from the date of negotiation or the date of crystallisation of the rupee liability

and thereafter penal interest shall be recovered.

When the rupee liability on an import bill is crystallised at the Forward Exchange Contract Rate and it results in

early/late delivery, the charges as per FEDAI rule 9 shall be levied.


11/15



Authorised dealers shall charge commission/handling charges at the rate of 0.15% on the bill amount at the

time of converting foreign currency into INR irrespective of the fact whether the bill is retired within 10 days or

later.

Time limit for import remittance:

The remittance against imports should be completed not later than 6 months from the date of shipment.

Accordingly, deferred payment arrangements involving payments beyond 6months are not permissible without

approval of RBI/Gol.

However, no objection to importers withholding a small part of the cost of the goods not exceeding 15 percent

towards guarantee of performance etc. Authorised dealers may make remittances of amounts so withheld

provided the earlier remittance had been made through them. No interest payment should be allowed to be

remitted on these withheld amounts.

Sometimes, settlement of import dues may be delayed due to disputes, financial difficulties, Authorised dealers

are permitted by the RBI to make remittances in such cases even if the period of 6 months expires, provided-

Authorised dealer is satisfied about the bona fides of the circumstances leading to the delay in payment.

No payment of interest is involved for the additional period.

In case, where the overseas supplier insists on payment of interest, it may be allowed in accordance with the

provisions contained in para 7A.12 up to a maximum period of 60 days beyond 180days from the date of

shipment provided the import bill is paid within that period. Remittances against import of books may be

allowed without restrictions as to time-limit, providedno interest payment is involved nor has the importer

forgone any part of the discount/rebate normally allowed to importers towards compensation for delay in

settlement of dues.

Interest remittance on import bills-interest accrued on usance bills under 'normal interest clause' or of overdue

interest paid on sight bills for a period. not exceeding 6 months from the date of shipment in respect of

imports without prior approval of RBI. In case of pre-payment of usance import bills, remittances may be made

only after reducing the proportionate interest for the unexpired portion of usance at the rate at which the

interest has been claimed or the 'prime' rate (or its equivalent) of the country in the currency of which the

goods are invoiced, whichever is higher. Where interest is not separately claimed remittances may be allowed

after deducting the proportionate interest for the unexpired portion of usance at the prevalling 'prime'.

However, interest under normal interest clause would mean interest at the prime rate (or its equivalent) of

the country in the currency of which the goods are invoiced.

Impoter's documents-The importer should comply with certain obligations: submission of Exchange Control

Copy of Bill of Entry for Home Consumption/Postal Wrappers to the authorised dealer. This will act as evidence

that the goods for which the payment was made, have actually been imported into India.

Authorised dealers should ensure that in all cases, including cases of advance remittances permitted (Vide para

7A, 10, these are submitted by their importer customers and are verified. In respect of imports made on D/A

basis, since goods would normally be cleared before the due date of payment, authorised dealers should insist

on production of documentary evidence of import i.e. Exchange Control Copy of Bill of Entry for Home

Consumption/ postal wrappers at the time of effecting remittance of import bill. Authorised dealers should also

advise this requirement to their importer customers in writing while delivering the documents against

acceptance.

Postal Imports

Remittances against bills received for collection in respect of imports by post parcel may be made by authorised

dealers, provided the goods imported are such as are normally despatched by post-parcel. In these cases therelative parcel receipts must be produced as evidence of dispatch through the post and on undertaking to

submit importers should furnish post parcel wrappers within three months from the date of remittance.

If the parcel has already been received in India, the parcel wrapper should be produced in support of the

remittance application. Where goods to be imported are not of a kind normally imported by post parcel or

where authorised dealer is not satisfied about the bona fides of the applications the case should be referred to

RBI for prior approval with full particulars together with relative parcel receipts/or wrappers.

Customs Clearance of imported goods

Customs Authorities and the Clearing agents play the key role in the import of goods. All goods imported into

India have to pass through the procedure of Customs clearance as they cross Indian border. The goods are

examined, appraised, assessed, evaluated and then allowed to be taken out of charge of the Customs for use

by the importer. The entire process of customs clearance is complex and to carry out this procedure smoothly,

the help of accredited customs clearing agents has to be taken.

The importers need to present a Bill of Entry on receipt of the advise of the arrival ofthe vessel. The B/E is

noted in Import Department, with corresponding endorsementmade against the consignment entry in the IGM

along with the date. The B/E will then be presented in the Appraising Department with all the relevantdocuments like invoice, Bill of Lading, Import license and catalogue literature. The appraising procedure may be

of two types.

The First Check Procedure-Applicable only when appraisers/assessing group finds it difficult to complete the

assessment on the basis of the documents made available.

The Scrutinising Appraiser in the group gives the examination order. The goods are then examined in the

docks and the B/E rerutned to the Scrutinising Appraiser for completion and license debit. In this case the

Customs 'out of charge' is given by the Accounts Department soon after the recovery of duty.

The Second Check Procedure-Under this 80 to 90 percent of the consignments are cleared.

If the documents are adequate for determining the classification, value, ITC license, the form is completed by

the Appraiser and then countersigned by The Assistant Collector. It is then forwarded to the License

Department for licensing debit and audit. Then it is returned to the importers for payment of duty in the

Accounts/Cash department. After recovery of duty the original B/E is retained in the Accounts Department and

the duplicate and other copies are returned to the importer for getting the goods examined in the docks.

In the docks, the Shed Appraiser/Examiner shall examine the goods and if in order, shall give the out of charge


12/15



for taking delivery from the custodian of the goods viz. Port Trust, after payment of Port Trust charges.

Irrespective of the procedure, examination of cargo for assessment purpose is chiefly the function of the

Appraising Department having special staff of examiners in the docks/Air cargo shed. The records of the

examination and weighment should be declared, attested and dated at the time of the examination. If the

examination spreads over more than one day, the result on each day's progress should be disclosed.

These apart some of the Customs house in India have introduced the simplified computer procedure for speedy

clearance of consignment through B/E.

Custom Authorities

The customs administration vests in CBEC for implementing the provisions of the Customs Act.1962. There

are two main wings of Customs House. In the 'Appraisement' wing the job of collection of revenue is assigned,

while the 'Preventive' one aims at prevention of smuggling.

The Customs authority functions under the Ministry of Finance (MoF) with the Central Board of Excise &

Customs at the apex. The board is headed by a Chairman and assisted by Members. The Member (Customs)

looks after the following matters:

Customs Law and its interpretation and application, policy and broad procedures(Other than those concerning

anti-smuggling)

Enforcement of Import Export prohibitions

Foreign Travel and Cases on imports and exports

Baggage concessions and rules;

Customs Valuations;

Tariff Classification and Tariff advices;Customs procedures, Customs House

Agents Regulations;

Warehousing, inland Bonded Warehouses;

FTZs, EPZs, 100% EOUs etc.

Matters relating to Drawback;

Customs Co-operations Council, GATT and ESCAP and international talks and agreements, organisations

concerning customs;

All other works on Customs not specified elsewhere;

Supervision and control over Customs Commissionerate of Mumbai, Calcutta, Chennai, Kandla, Bangalore,

Cochin, Delhi , Visakhapatnam, Goa and Tuticorin and Customs Divisions of other Central Excise

Commissioners, Assistant Commissionerates regarding Customs work handled by them.

Chemical laboratories and

Directorate of Drawback

The Ministry of Finance (MoF) issues Customs Notifications to levy duty on the imported goods. The Changes

are made each year on the Day of the Fiscal Budget. Customs clearance of the imported goods is done by the

customs Authorities functioning under the overall charge of MoF. The hierarchy of the Authorities:

Central Board of Excise & Customs (CBEC) in the MoF

Under which operates:Customs Commissionerates of Mumbai, Calcutta, Chennai, Kandla, Bangalore, Cochin,

Delhi, Vizag, Goa and Tuticorin.

Directorate of Drawback

Field Level:Principal Commissioners Customs ,Commissioners,Addl. Commissioners ,Dy. Commissioners,Asst.

Commissioners,Port of clearance.

Classification of Customs tariffThe basic legislation is the Indian Customs Act, 1962 read with Customs Tariff Act, 1975. Section

12 of the Customs Act,'62 empowers levy of duties on goods imported into or exported from

India.

However, the rates at which the different import export duties shall be leviable have been respectively

specified in the First and Second Schedule to the Customs Tariff Act, 1975-called the import Tariff and Export

Tariff respectively.

With effect from Feb. 28, 1986, the new tariff import schedule based on international convention of

Harmonised Commodity and Coding system, commonly known as Harmonised Coding System came into being.

The basic features of the Import Tariff

Nomenclature are outlined below:

The headings, the Section and Chapter Notes and the interpretive Rules, Customs duties are levied in three

ways-Specific rate-at the rate prescribed per unit of item i.e. weight or number of length; Ad-valorem duty-

levied on the value of the item; Specific and advalorem-levied in both ways.

Types & Levy of Customs duties:-

Basic duty: all goods imported into India are chargeable to duty as prescribed in the 1st Schedule

of Customs Tariff Act. This Schedule is amended from time to time of Customs Tariff Act. This

duty can be levied either as a percentage of value of goods or at a specified rate.

Surcharge: It is levied at the rate of 10% of the basic rate on all commodities except crude oil

and petroleum products, GATT-bound items, gold and silver. Additional Duty: Also known as

countervailing duty, is levied on the cost of imported goods and is equal to excise duty levied on

like goods when manufactured in India. The objective is to ensure that the protection provided by

the import duty to domestic industry is not eroded.

Special Additional Duty: It is levied at the rate of 4%. Anti-dumping Duty: This is levied on

specified goods imported from specified countries to protect indigenous industry from injury

resulting from USA, Korea and so on.

Customs Duty Assessment: The assessment of goods to duty is done on the basis Whether the goods covered

by the B/E are such as are regularly imported, or are required to be tested by the customs house laboratory for

fulfilment of license conditions, or The appeaiser desires to see the representative sample before completing


13/15



the bill of entry for the purpose of verification of the value/description, etc. or The required document is not

forthcoming.

Customs Duty Rates: When the import invoice is in any currency other than Indian rupees, customs fix the

exchange rate for conversion into the Indian rupees at a predetermined rate which is published in customs

houses on a daily basis.

Imports from specified countries enjoy preferential duty. This is generally the result of special status accepted

under bilateral trade agreements or otherwise. However, the incidence of customs duties on various goods

imported are obtained as follows:

Total duty payable=(Landed cost including CIF of the item concerned + Basic customs duty under the

Customs Tariff Act + Surcharge thereon + Additional duty + Special Additional duty as per Finance Act).

Getting Import License checked-The appraising official checks the license for their description, value, validity

period, importers name, etc. It is for the importer to establish that the goods satisfied the description in the

license unless he is able to establish the fact he would not be entitled to lawful import thereof. If the

appraising official is satisfied that the license is in order, he will send the license with B/E to license section for

registration and audit. The department maintains a register for every license accepted and debited showing the

last balance on the license.

The importer is likely to know the term of license, the type of goods and whether they can be lawfully

imported as per the terms of the license. In case there is any error on the part of the appraising authority

then possession of even a valid license will not confer any right upon the importers to import such goods again

on the basis of similar licenses.

Bill of Entry-This is a document on the strength of which clearance of imported goods can be effected. Its form

has been standardised by the Central Board of Excise and Customs. All goods discharrged from a vessel, from

foreign or coastal Ports, are cleared on this prescribed forms presented under the B/E Regulations, 1971.

It should be presented for 'noting' in the import dept. of the customs house after theimport General Manifest

which gives a detailed description item wise of the goods brought by the concerned vessel is filed by the

steamer Agent.

Import Policy:









in ITC(HS) Classification of Export and Import items may be made to the regional licencing authority

concerned.

Warehousing of Imported goods

An importer may not like to clear or may have certain problems in clearing the imported goods immediately on

payment of duty for home consumption. In that case the importer can deposit the goods in a Public or Private

Bonded Warehouse, provided he is satisfied with the arrangement. Thus, the importer can avail the facility of

deferring payment of duty on imported goods pending their actual clearance. Towards this the importer should

file a set of yellow coloured B/E known as warehousing B/E.Self-Assessment Scheme: Applicable to goods without any ITC license/CCP or any restrictions thereof. The

objective is to enable importers effecting repetitive imports of some commodities to assess their own B/E and

determine their duty liability and pay the duty accordingly. Any importer, including Govt. bodies and PSUs,

with proven identity and track record can avail of this.

This process does away with the procedure of processing, and the time consumed by the appraising and

licensing sections.

When the duty is paid, the goods would be cleared in the docks, provided the goods are partly examined and

payment of duty verified.

Green Channel : This fast-track facility has been introduced to simplify and expedite the process of cargo

clearance. Instead of going in for a hundred per cent examination only a part of the cargo is checked. Bulk

importers, Govt. Depts. & PSUs, consignment of a single product of well known brand name and importers

with identified and unblemished track record are allowed to avail this facility.

Export of services

A new Chapter has been added in the revised EXIM Policy 1997-2002, March 1999 Ed., recognising the

importance of export of services and the potential in the sector. Apart from extending all possible facilitiesapplicable to merchandise exports, the threshold limit for recognition as Service Export House etc. has been

pegged at 1/3rd of the level prescribed for merchandise exports.

The salient provisions of EXIM Policy relating to services exports are given below :

"Services" include all the 161 tradeable services covered under the General Agreement on Trade in Services

where payments for such services is received in free foreign exchange.

Facilities for service providers:

The service providers shall be eligible for the facility of EPCG Scheme as described in Chapter 6 of EXIM Policy.

The provisions of paragraph 6.5(vii) shall also extend to the service providers availing licences under this

scheme.

The service providers shall also be eligible for the facility of EOU/EPZ/ EHTP/STP scheme.

Service providers are also permitted to import drawings, designs, integrated circuits and layout designs,

software in diskettes and CDs related to their line of services as a part of passenger baggage without a licence.

Facility of import of restricted items by service providers:

Service providers shall be entitled to import restricted items up to 10% of the foreign exchange earned by


14/15



them during the preceding licensing year for import of essential goods related to their line of business,

including office and other equipment required for their own professional use.

Import through Courier

As laid down by the current Exim Policy, import of goods through courier is permitted in accordance with the

Courier Imports & Exports (Clearance) Regulations, 1998.

If the CIF value of the consignment imported does not exceed Rs.100000, the relative Bill of Entry is required

to be filed by the registered courier service.

If the CIF value is Rs.100000 or more, importers are to file separate B/E as in the case of other imports.

In case of remittances for imports through courier services, authorised dealers should ensure submission of

Exchange Control Copy of Bill of Entry for home consumption in the case of imports valued at Rs. 100000 or

more.

This is not regarded as baggage for the purpose of assessment of duty and clearance therof. Thepractice of charging a uniform duty on articles imported through courier has been discontinued.

Imports by courier are now classified on merits in the respective customs Tariff headings. The

new system of assessment and clearance of goods imported by courier is now governed under

the Courier Imports & Exports (Clearance) Regulations 1998.

Imports without Forex remittances:

Imports not involving foreign exchange remittance is allowed as given below( vide Para 5.41 of the Handbook

of Procedures):

Import of items by United Nations Organisation and Specialised Agencies and its officials without payment of

Customs duty.

Import of Medical Equipment by Indian Doctors and Professionals is allowed under the Baggage Rules, 1994.

Goods as Baggage by Foreign Mountaineering Expedition Teams and Painting and other Display Articles, except

consumables, are allowed. Foodstuffs and Medicines by Charitable organisations are also allowed.

Import of food parcels, except alcohol and tobacco, subject to a limit of Rs. 100 000 per annum is allowed for

personal consumption of foreign citizens.

Import of free gifts and relief supplies by certain organisations/institutions e.g. Indian Red Cross Society,

National Defense Fund is allowed.

Also import of equipments, raw-films etc. by foreign publicists like Radio, Press, Films, Television teams are

allowed.

Import of exhibits including construction and decorative materials required for the temporary stands of the

foreign exhibitors at the exhibitions, fair or similar show or display for a period of 6 months on re-export basis

is allowed provided these fairs are sponsored/approved by the Govt. of India in the Ministry of Commerce/India

Trade Promotion Organisation and is being held in public interest.

Import for personal use

Importers under this category do not need any IEC number. Import of goods by any person as passenger

baggage is permitted to the extent admissible under the Baggage Rules 1994. However, quinine of more than

500 tablets or = pounds powder or 100 ampules is not permissible.

Also, for any tourist, articles of high value whose re-export is obligatory under the Baggage Rules shall be re-

exported on his leaving India. Otherwise, those goods shall be deemed to be regarded as prohibited goods

under the Customs Act, 1962.

Any type of goods for which the c.i.f. value shall not exceed Rs. 2000 can also be imported through Post or

otherwise for personal use, provided they are not:

Vegetable seeds exceeding 1 pound in weight, bees, tea, books and periodicals, alcoholic beverages, consumer

electronic items (save hearing aids and life saving equipments and items for which import is canalised under

EXIM Policy.

Nevertheless, the customs duty, as applicable, shall have to be paid. As regards the procedure for personal

imports is concerned the same may involve sending of advance remittance if required by the overseas supplier,

opening of letter of credit, retirement of documents and remittance of foreign exchange, customs clearance of

the goods and payment of customs duty.

Import of Samples

Bona fide technical and trade samples of items, even those in the restricted in ITC(HS)Classifications of Export

and Import items is allowed without a license for a value notmore than Rs. 1 lakh(CIF) in one consignment

save vegetable seeds, bees and new drugs by any importer. Tea samples not above Rs.2000 (CIF) in one

consignment is allowed without a license by any person connected with Tea industry.

Prototype import

This may be allowed on payment of duty without a license to an actual user, industri;al ecgaged in the

production of or hgaving industrial license/LoI or research, as the case may be, provided the number of items

imported does not exceed 10 in number in a year.

Import of Computer/Computer Software

Computers including personal computers, Keyboards or monitor valued upto Rs. 1.50 lac and Rs. 7000/-

respectively can be imported freely without any licence. Computer Software can also be imported freely

without licence despite the fact computer software is regarded as Consumer Goods.

Passenger Baggage

Under the Rules various kinds of articles can be imported upto certain value limit depending upon the duration

of stay of the passenger abroad and on the basis of Resident and Non-Resident Status of the passenger.

Passenger Baggage Rules and import duty structure for baggage as applicable for such imports under the

Baggage Rules has been given seperately


15/15


Copy Rights 2015, MSME DEVELOPMENT INSTITUTEGovt. of India, Ministry of Micro, Small and Medium Enterprises,65/1, G.S.T. Road, Guindy, Chennai-600 032.