CUS NTF NO. 133/1994 DATE 22/06/1994

Exemption to specified goods imported for use in the articles, etc. meant for export/export promotion/processing (including repairing, reconditioning etc.) of export articles by units in EPZ or FTZ - Consolidation of exemption.
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts goods specified in the Annexure I of this notification (hereinafter referred to as the said goods), when imported into India or procured from a Public Warehouse or a Private Warehouse appointed or licensed, as the case may be, under section 57 or section 58 of the said Customs Act

(a) for the production or manufacture of articles for export out of India, or

(b) for being used in connection with the production, manufacture or packaging of articles for export out of India, or for export of services out of India, or for export of services out of India, or

(c) for carrying out processing of, or operations (including repairs, re-conditioning and re-engineering in relation to, the articles intended for export out of India, or

(d) for promotion of such export, or

(e) for trading as referred to in paragraph 9.21 of the Export and Import Policy.

by units within an Export Processing Zone or a Free Trade Zone specified in Annexure II to this notification (hereinafter referred to as the Zone ) from the whole of the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act) and the additional duty, if any, leviable thereon, under section 3 of the Customs Tariff act, subject to the following conditions, namely;

(1) The importer has been authorised to establish the unit in the Zone for the purpose specified in clauses (a) to (d).

(2) The importer has been granted the necessary licence for the import of the said goods.

(3) The importer executes a bond in such form and for such sum as may be prescribed by the Assistant Commissioner of Customs or Deputy Commissioner of Customs binding himself-

(i) to bring the said goods into his unit in the Zone and use them within the Zone for the purpose specified in caluses (a) to (d);

(ii) to dispose of the said goods or the articles produced, manufactured, processed and packaged in his unit in the Zone or the waste, scrap and remnants arising out of such production , manufacture, processing or packaging in the manner as may be prescribed in the Export Import Policy and in this notification.

(iii) to fulfill the Export Obligation and comply with the conditions stipulated in this notification and Export and Import Policy, and to pay on demand an amount equal to the duty leviable on the goods and interest at the rate of twenty per cent per annum on the said duty from the date of duty free importation or procurement of the said goods till the payment of such duty, if-

(i) in the case of capital goods, such goods are not proved to the satisfaction of the Assistant Commissioner of Customs to have been installed or otherwise used within the zone or re-exported within a period of one year form the date of importation or procurement thereof or within such extended period not exceeding five years as the Assistant Commissioner of Customs or Deputy Commissioner of Customs may, on being satisfied that there is sufficient cause for not using them as above within the said period, allow;

(ii) in the case of goods other than capital, goods, such goods are not proved to the satisfaction of the Assistant Commissioner of Customs or Deputy Commissioner of Customs to have been used in connection with the production or packaging of goods for export out of India or re-exported within a period of one year form the date of importation or procurement thereof or within such extended period as the Assistant Commissioner of Customs or Deputy Commissioner of Customs may, on being satisfied that there us sufficient cause for not using them as above within the said period, allow;

(iii) in the case of-

(a) goods as produced or packaged such goods have not been exported out of India, and

(b) unused goods (including empty cones, bobbins or containers suitable for repeated use) as have not been exported, within a period of one year form the date of importation or procurement of such goods or within such extended period as the Assistant Commissioner of Customs or Deputy Commissioner of Customs may on being satisfied that there is sufficient cause for not exporting such goods within the said period, allow;

(iv) in the case of raw materials, components, spares and consumables (other than capital goods) imported or procured duty free, the unit fails to achieve Net Foreign Exchange Earning as a Percentage of Exports (NFEP) and Export Performance (EP) as specified in Appendix-1 of the Export and Import Policy, within one year of importation or procurement of such goods or within such extended period, not exceeding one year, as the Assistant Commissioner of Customs or Deputy Commissioner of Customs may, on being satisfied that there is sufficient cause, allow:

Provided that the Commissioner of Customs may extended the period for achievement of Net Foreign Exchange as a Percentage of Export (NFEP) or Export Performance (EP) for further period not exceeding five years from the date of importation or procurement;

(4) The importer shall maintain a proper account of import, consumption and utilisation of the said goods and of export made by him, and shall submit such account periodically to the Development Commissioner of the Zone, in such form and in such manner as may be laid down by the Development Commissioner.

(5) The importer satisfies the Development commissioner of the Zone that the goods so imported have been used for the purposes specified in clauses (a) to (b) or for any other purposes specified in Export-Import Plicy and in this notification.

(6) The Assistant Commissioner of Customs or Deputy Commissioner of Customs, may subject to such conditions and limitations as may be imposed by him and subject to the provisions of the Export-Import Policy-

(i) allow a unit to re-export the said goods;

(ii) permit the said goods or goods manufactured, produced, processed or packaged in a unit to be taken to another unit in the same zone or another unit in the other Export Processing Zone /Electronic Hardware Technology Parks or another Export Oriented Unit temporarily without payment of duty for repairs, processing, testing or display and to be returned to the unit thereafter;

(iii) permit the said goods or goods manufactured, produced, processed or packaged to be supplied / tranferred from a unit in the Zone to another unit in the same Zone or to a unit in any other Zone or to a hundred per cent export oriented undertaking for the purposes of manufacture and export or for use within the said unit:

Provided that clause (iii) shall not apply to goods imported for repairs, reconditioning or reengineering and which have been so repaired, reconditioed or re-engineered.

(iiia) permit the said goods or partially processed or packaged in the unit to be takenoutside the zone without payment of duty for the purpose of test, repairs, refining, processing display, jobwork or any other process necessary for manufacture of final products and to be returned to the unit thereafter or remove the same without payment of duty under bond for export form jobworker's premises:

Provided that the waste or scrap or remnants generated during such processes at the jobworker's premises in either returned to the unit or is cleared on payment of duty as if the said waste or scarp or remnants have been cleared by the said unit;

(iv) permit to remove moulds, jigs, tools, fixtures, tackles, instruments, hangers and patterns and drawings to the premises of sub-contractors subject to the condition that these goods shall be brought back to the bonded premises of Export Oriented Unit in the Export Processing Zone on completion of the job work, within a stipulated period.

(v) permit after approval of the Board of Approval, the said goods, or goods partially processed or manufactured, or packaged therefrom in the unit to be taken out of India for the purpose of processing if such processing is not available in India, without payment of duty and to be returned to the said unit thereafter,

(7) Subject to the satistaction of the Assistant Commissioner of Customs or Deputy Commissioner of Customs, duty shall not be leviable in respect of-

(i) the said goods used for imparting training to workers including commercial training,

(ii) the said goods or goods manufactured, processed or packaged in the said unit, if such goods are destroyed within the zone or destroyed outside the zone whereit is not possible to destroy the same within the zone.

(iii) the scrap or waste material or remnants arising in the course of such production, manufacture, processing or packaging, if such scrap or waste material or remnants are destroyed within the Zone.

(iv) the capital goods, if such goods are destroyed within the Zone, or outside the said Zone, where it is not possible or permissible to destroy the same within the said Zone, in the presence of custom officer.

EXPLANATION:- For the purposes of this notification, `Export-Import Policy' means the Export and Import Policy, 1 April, 1997 March, 2002, published by the Government of India Ministry of Commerce Notification No.1/97-2002, dated the 31st March, 1997, as amended from time to time.

2. Notwithstanding anything contained in paragraph 1, in the case of units engaged in the development of computer software, the exemption contained therein shall also apply to goods imported by such units for training, and for development and testing of software for export and for providing consultancy services for development of software `on site' abroad :

Provided that-

(a) the conditions stipulated in this notification are complied with by such software development unit; and

(b) the procedure specified by the Assistant Commissioner of Customs or Deputy Commissioner of Customs is followed.

EXPLANATION:- The consultancy fees received by software development units in convertible foreign currncy / for consultancy service for development of software `on site' abroad shall be deemed to be exports for the purposes of fulfilment of export obligation under this notification.

3. Notwithstanding anything contained in this notification the exemption contained herein shall also apply to the said goods which on importation into India are used for the purposes of production, manufacture, processing packaging of articles in a unit in the Zone and such articles (including rejects, waste and scrap material arising in the course of production, manufacture, processing or packaging of such articles) even if not exported out of India, are allowed to be cleared outside the Zone under and in accordance with the Export-Import Policy and subject to such other limitations and conditions as may be specified in this behalf by the Development Commissioner of the Zone, on payment of customs duty on the said goods used for the purpose of production, manufacture, processing or packaging of such articles in an amount equal to the customs duty leviable on such as if imported as such] or where such articles are cleared to the warehouse appointed or registered under notification of Government of India in the ministry of Finance number 26/98 Central Excise(NT), dated the 15th July, 1998 or cleared to the warehouse authorised to carry on manufacturing process or other operations under section 65 of the Customs Act 1962 (52 of 1962) and under the Manufacture and Other operations in Warehouse Regulations, 1966 or cleared to the licence holders referred to in clause (e) of paragraph 9.10 of the Export and Import Policy, without payment of duty:


Provided that goods which have been repaired, reconditioned or reengineered shall not be allowed to be cleared outside the Zone.

4. Without prejudice to any other provisions contained in this notification, the Assistant Commissioner of Customs or may, subject to such conditions and limitations as he may deem fit to impose under the circumstances of the case for the proper safeguard of the revenue interest and also subject to such permission of the Development Commissioner of the zone, where it is exclusively required under the Export-Import Policy, allow any unit in the zone to clear any of the said goods for being taken outside the zone, to any other place in India in accordance with the Export-Import Policy.

(a) such clearance of capital goods material handling equipment, office equipment and captive power plants, may allowed on payment of an amount equal to the customs duty leviable on such goods on the depreciated value thereof and at the rate in force on the date of payment of such duty;

(b) such clearance of goods (including empty cones, bobbins, containers, suitable for repeated use) other than those specified in clause (a) may be allowed on payment of customs duty on the value at the time of import and at rates in force on the date of payment of such customs duty;

(c) such clearance of used packing materials such as cardboard boxes, polyethylene bags of kind unsuitable for repeated use, may be allowed with out payment of any customs duty:

Provided that the importer shall not be eligible to avail of the exemption applicable to goods falling under heading No. 98.01 of the First Schedule to the customs Tariff Act, 1975 (51 of 1975), or the exemption available to the imported goods under any Export promotion Scheme other than the Export Promotion Capital Goods scheme permitting import of capital goods at the rate of duty of 5% ad valorem in terms of notifications in force at the time of debonding.

EXPLANATION. - The depreciation in respect of goods covered by clause (a) shall be allowed for the period from the date of commemcement of commercial production of the unit or where such goods have been imported after such commencement from the date such goods have come into use for commercial production to the date of payment of duty.

5. (1) The notification of the Government of India in the Ministry of Finance specified in Annexure III, are hereby rescinded.

(2) Notwithstanding such rescission, anything done or action taken under the notification so rescinded shall be deemed to have been done or taken under the corresponding provisions of the notification.

ANNEXURE-I

SL. No.	Description of Goods
1.	Capital goods and spares and accessoried thereof.
2.	Material handling equipments, namely, forklifts, over-head cranes, mobile cranes, crawler cranes, hoists and stackers & spares thereof.
2A.	Uninterrupted power supply system (UPS), pollution control equipment, quality assurance equipment storage systems, special racks for storage, modular furniture, computer furniture, anti-static carpet, tele-conference equipment servo control system, security systems, panels for electricals, and air-conditioners.
2B.	Spares and consumables for the goods specified at Serial number 2A above.
3.	Captive power plant including captive generating sets and transformers as recommended by the Development Commissioner.
3A.	OMITTED
3AA.	Spares, fuel, lubricants, consurnables and accessories for captive power plants and captive generating sets and spares, consumables and accessories for the transformers as approved by Assistant Commissioner of Customs or Deputy Commissioner of Customs
3B.	Furnace oil required for the boilers as approved by the Assistant Commissioner of Customs or Deputy Commissioner of Customs Central Excise.
4.	Office equipment including PABX, fax machine, video projection system, computers, laptop, server, spares and consumables thereof.
5.	Raw materials.
6.	components.
7.	Consumables.
8.	packaging materials.
9.	Tools, Jigs, gauges, fixtures, moulds, dies, instruments and accessories and spares thereof.
10.	Prototype, technical and trade samples for development and diversification.
11.	Drawings, blue prints and charts.
12.	Goods re-imported within three years of the date of exportation for repairs or re-conditioning or re-engineering.
13.	Goods re-imported within one year from the date of exportation from the Zone due to the failure of the foreign buyer to take delivery.
14.	Goods imported for repairs, reconditioning, testing calibration, quality improvement, upgradation of technology and re-engineering activities and export thereof within three years of the date of importation.
15.	Raw materials for making capital goods for use within the unit for the purpose of production or manufacture of export goods.
16.	Any other item required in relation to production of export goods with the prior approval of the Board of Approval.

ANNEXURE - II

SL. No.	Name of the Zone
1.	OMITTED
2.	OMITTED
[OLD1.	Santa Cruz Electronics Export Processing Zone.
2.	Kandla Free Trade Zone.]
3.	Falta Export Processing Zone.
4.	Madras Export Processing Zone.
5.	Noida Export Processing Zone.
6.	OMITTED
[OLD6.	Cochin Export Processing Zone.]
7.	Vishakapatnam Export Processing Zone.
8.	OMITTED
[OLD8.	Surat Export Processing Zone.]
9.	Kayfoam Export Processing Zone, kandivili, Mumbai.

Note:The Zone shall comprise of places bearing survey numbers and enclosed by boundaries as may be specified by the jurisdictional Commissioner of Customs in a Public/Trade Notice, issued in this behalf

ANNEXURE - III

1.	Notification No. 227/79-Customs, dated the 30th November,	1979.
2.	Notification No. 77/80-Customs, dated the 17th April,	1980.
3.	Notification No. 262/85-Customs, dated the 16th August,	1985.
4.	Notification No. 263/85-Customs, dated the 16th August,	1985.
5.	Notification No. 339/85-Customs, dated the 25th November,	1985.
6.	Notification No. 340/86-Customs, dated the 13th June,	1986.
7.	Notification No. 170/93-Customs, dated the 13th September,	1993.