We have to initiate exports of certain items under ITC HS code 84128030 and, according to fixed Duty Drawback schedule, are entitled to 1.1 per cent. For the exports of entire equipment or parts thereof’ we imported certain items under Advance Licence Scheme. The exports are to be effected in about two weeks’ time. Please advise if we can claim Duty Drawback on likely exports. We imported certain components for incorporation in the equipment we have to export, partly we manufactured and partly we procured certain items locally within India for completing the equipment. It would be our first commercial export consignment and we are not yet registered under Excise.
According to condition no. 8 of notification no. 68/2011-Cus (NT) dated 22.09.2011, the rates of drawback specified in the said Schedule (i.e., the All Industry Rate schedule) shall not be applicable to export of a commodity or product if such commodity or product is manufactured or exported in discharge of export obligation against an Advance Licence or Advance Authorisation or Duty Free Import Authorisation issued under the Duty Exemption Scheme of the relevant Export and Import Policy or the Foreign Trade Policy.
Therefore, your export – i.e. the same shipping bill – cannot discharge export obligation against advance authorisation as well as earn drawback at All Industry Rates. However, you can file a DEEC-cum-DBK shipping bill and discharge obligation against advance authorisation, besides claiming drawback at brand rate to reimburse yourself of duty incidence actually suffered on the inputs that are not covered under advance authorisation. Registration with Central Excise is not necessary for claim of drawback at brand rates.
I refer to your Q&A ( May 15) on “Foreign Suppliers can ask for re-export of imported goods if they are not paid for”. In case the supplier wants re-sale to some other party, IGM amendment is required which in turn requires NOC of original importer, who may exploit the supplier before giving NOC. If bill of entry is filed based on BL copy, the customs clearance also will require NOC of original importer in order to entertain the change in different name. Thus, the entire process could mean upper hand for the original importer. Can you tell us how this problem can be avoided?
I had replied to a query where the bill of entry had not been filed and the ownership was still with the foreign party. So, that reply need not be mixed up with situations where the bill of entry has been filed or ownership has already been transferred. In case of FOB, CFR and CIF contracts, the title to goods is transferred through delivery of Bill of Lading duly endorsed in favour of the buyer.
In such cases, the supplier can proceed against the buyer for recovery of his dues. Change of name in IGM is a contractual matter between the owner of the goods and the shipping line, which can be sorted out without intervention of the original importer, if he is not the owner of the goods.