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ADMIN COMMENT

Following is the Export Policy:

1. Merchandise Exports From India Scheme (MEIS)

(a) An application for claiming rewards under MEIS on exports needs to be filed online, on DGFT website at http://dgft.gov.in with RA concerned in ANF 3A.

2. Proof of Landing

(a) Uploading/submission of documents, as a proof of landing:

As a measure of ease of doing business, documents as a proof of landing of export consignment in notified market can be digitally uploaded in the following manner:-

(i) Applicants are required to submit or upload, any one of the following documents as a proof of landing of export consignment in notified Market:

(ii) Self attested copy of import bill of entry filed by importer in specified market, or

(iii) Delivery order issued by port authorities, or

(iv) Arrival notice issued by goods carrier, or

(v) Tracking report from the carrier duly certified, evidencing arrival of export cargo to destination Market, or

4. Port of Registration of Scrips

(a) Port of Registration under MEIS would be as follows:

(i) Duty Credit Scrip under MEIS shall be issued with a single port of registration which shall be the port of export, which needs to be registered at port of exports.

Once registered at EDI port, scrip can be automatically used at any EDI port for import and at any manual port under Telegraphic Release Advise (TRA) procedure.

5. Facility for Split Scrips

Duty Credit Scrip has been issued, request for splits can be permitted with same port of registration as appearing on the original Scrip. Duty Credit Scrip is valid for a period of 18 months from the date of issue.

6. Status Certificate-

Applicants need to be required to file an application online for recognition of status under the Policy in ANF 3C. Status Certificates issued under this FTP are be valid for a period of 5 years from the date on which application for recognition was filed.

7. Maintenance of Accounts

Status Holders need to maintain true and proper accounts of its exports and imports. Records need to be maintained for a period of two years which need to be made available for inspection to RA concerned or any Authority nominated by DGFT.

More information can be accessed on: http://www.eximguru.com/exim/dgft/exim-procedures/2015-2020/chapter_3_promotional_measures.aspx

Following is the Import Policy:

1. Application for IEC Number: 

An application for grant of IEC Code Number needs be made in the prescribed Performa. The application duly signed by the applicant should be supported by the following documents:

1. Bank Receipt (in duplicate) / Indian demand draft for payment of the fee of Rs.1000/- Certificate from the Banker of the applicant firm.
2. Two copies of passport size photographs of the applicant duly attested by the banker of the applicant.
3. A copy of Permanent Account Number issued by Income Tax Authorities.

2. Process of Online Application

Online form has been designed to ensure feeding of all the required information and the applicant has to submit scanned copies of PAN Number and bank certificate.

3. Guidelines for filling up IEC Form

1. All applications must be made in the prescribed form in duplicate, duly accompanied by Bank Receipt/ Demand Draft evidencing payment of fee.
2. Supporting documents in duplicate, duly self-attested as specified earlier in this chapter must be enclosed wherever applicable.
3. Two-passport size photograph of the applicant duly attested by his banker.
4. Modifications of the applicant furnished on the form by relevant items.

(Registration for Importers, available at: http://www.eximguru.com/exim/guides/how-to-import/ch_3_registration_of_importers.aspx)

4. Import Regulatory Body

All activities related to import are handled by the Directorate General of Foreign Trade (DGFT). DGFT and all its regional offices work under the Ministry Commerce and Industries, Department of Commerce. All the procedure and policies for import are announced by the DGFT through its notification, appendices and forms. (Source: Starting Import Business, available at: http://www.eximguru.com/exim/guides/how-to-import/ch_1_starting_import_introduction.aspx)

With regard to Cusom Clearance for the Import of goods, following are required:

(Cargo Declaration)

1. Bill of Entry  Goods imported to India in a vessel/ aircraft are required to pay customs duty and they require detailed customs clearance formalities. For other goods, goods can be cleared for home consumption after payment of the duties leviable. Every importer is required to file a Bill Of Entry.

2. If the goods are cleared through the Electronic Data Interchange (EDI) system no formal Bill of Entry is filed, but the importer is required to file a cargo declaration having prescribed particulars for processing customs clearance.

3. Along with bill of entry following documents are also required: -

• Signed invoice
• Packing list
• GATT declaration form duly filled in
• Importers/CHA’s declaration
• License wherever necessary
• Letter of Credit/Bank Draft/wherever necessary
• Insurance document
• Import license
• Industrial License, if required
• Test report in case of chemicals
• Adhoc exemption order
• DEEC Book/DEPB in original
• Catalogue, Technical write up, Literature in case of machineries, or spares
• Separately split up value of spares, components machineries
• Certificate of Origin, if preferential rate of duty is claimed

4. Under the EDI system, the importer does not have to submit documents as such for assessment but declarations in electronic format containing all the relevant information of the Service Centre need to be submitted. The first stage for processing a bill of entry is termed as Noting of the Bill of entry.

5. After noting/registration of the Bill of entry, it is forwarded manually or electronically to the concerned Appraising Group in the Custom House dealing with the commodity sought to be cleared.

6. On receipt of the examination report the appraising officers in the Appraising Group in Custom House assesses the bill of entry. After that the bill of entry goes to Assistant Commissioner/Deputy Commissioner for confirmation depending upon certain value limits and sent to comptist who calculates the duty under Section 14 of the Customs Act.

7. The assessing officer processes the cargo declaration on screen with regard to all the parameters as given above for manual process.

8. After assessment, a copy of the assessed bill of entry is printed in the service centre. Final bill of entry is printed after ‘out of charge’ is given by the Custom Officer.

(Examination of Goods)

9. All imported goods are required to be examined for verification of correctness of description given in the bill of entry. In case the importer does not have complete information, he may request for examination of the goods and if the Customs Appraiser/Assistant Commissioner feels the goods are required to be examined before assessment, the goods are examined and this is called First Appraisement.

10. The goods can also be examined subsequent to assessment and payment of duty. This is called Second Appraisement.

11. For availing duty free assessment or concessional assessment under different schemes and notifications, execution of end use bonds with Bank Guarantee or other surety is required to be furnished. Payment of Duty can be done at the designated banks or through TR-6 challans.

12. For faster clearance of the goods, provision has been made in section 46 of the Act, to allow filing of bill of entry prior to arrival of goods. This bill of entry is valid if vessel/aircraft carrying the goods arrive within 30 days from the date of presentation of bill of entry.

13. All documents as required to be attached with a Bill of Entry for home consumption are also required to be filed with bill of entry for warehousing.

For clearance of Export goods, the Exporter or his agents have to undertake the following formalities:

(a) Registration:

The exporters have to obtain PAN based Business Identification Number (BIN) from the Directorate General of Foreign Trade prior to filing of shipping bill for clearance of export goods. Under the EDI System, PAN based BIN is received by the Customs System from the DGFT online.

(b) Processing of Shipping Bill-Non-EDI:

Under manual system, shipping bills or, as the case may be, bills of export are required to be filed in format as prescribed in the Shipping Bill and Bill of Export (Form) regulations, 1991.

(c) Processing of Shipping Bill-EDI:

Under EDI System, declarations in prescribed format are to be filed through the Service Centers of Customs. After verification, the Service Center operator submits the data to the System and the System generates a Shipping Bill Number, which is endorsed on the printed checklist and returned to the exporter/CHA.

(d) Octroi procedure, Quota Allocation and Other certification for Export Goods:

The quota allocation label is required to be pasted on the export invoice. The allocation number of AEPC is to be entered in the system at the time of shipping bill entry. The quota certification of export invoice needs to be submitted to Customs along-with other original documents at the time of examination of the export cargo.

(e) Arrival of Goods at Docks:

The goods brought for the purpose of examination and subsequent 'let export' is allowed entry to the Dock on the strength of the checklist and other declarations filed by the exporter in the Service Center.

(f) System Appraisal of Shipping Bills:

In many cases the Shipping Bill is processed by the system on the basis of declarations made by the exporters without any human intervention. In other cases where the Customs Officer processes the Shipping Bill on screen, he may call for the samples, if required for confirming the declared value or for checking classification under the Drawback Schedule.

(g) Status of Shipping Bill:

The exporter/CHA can check up with the query counter at the Service Center whether the Shipping Bill submitted by them in the system has been cleared or not, before the goods are brought into the Docks for examination and export.

(h) Customs Examination of Export Cargo:

After the receipt of the goods in the dock, the exporter/CHA may contact the Customs Officer designated for the purpose present the check list with the endorsement of Port Authority and other declarations as aforesaid along with all original documents such as, Invoice and Packing list.

The Customs Officer may inspect/examine the shipment along with the Dock Appraiser. The Customs Officer enters the examination report in the system. He then marks the Electronic Bill along with all original documents and checklist to the Dock Appraiser.

(i) Variation Between the Declaration & Physical Examination:

The checklist and the declaration along with all original documents is retained by the Appraiser concerned. In case of any variation between the declaration in the Shipping Bill and physical documents/examination report, the Appraiser may mark the Electronic Shipping Bill to the Assistant Commissioner/Deputy Commissioner of Customs (Exports).

(j) Generation of Shipping Bills:

After the Appraiser gives the “let export” order on the system, the Shipping Bill is generated by the system in two copies. After obtaining the print out the appraiser obtains the signatures of the Customs Officer on the examination report and the representative of the CHA on both copies of the shipping bill and examination report. The Appraiser thereafter signs & stamps both the copies of the shipping bill at the specified place. (Source: Procedure for Clearance of Imported and Exported Goods, available at: http://www.dov.gov.in/newsite3/clearance_procedure.asp)

Further information can be accessed from the Handbook of Procedures: http://www.eximguru.com/content/exim/dgft/exim-procedures/2015-2020/ftpproc2015-20e.pdf

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