Notification No. 55/2001-Cus Dated 16-05-2001
Exemption on cut and polished diamonds when re-imported into India after certification/grading by the laboratories/agencies.-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 cut and polished
diamonds falling within Chapter 71 of the First Schedule to the Customs Tariff
Act, 1975 (51 of 1975), when re-imported into India after certification/grading
by the laboratories/agencies mentioned in condition (iv), in terms of Old
[paragraph 4.4.2] # New[ 4A.2] of the Foreign Trade Policy, from the
whole of duty of customs leviable thereon which is specified in the said First
Schedule, subject to fulfilment of the following conditions, namely:-
(In this para bold words has been substituted vide CUS NTF NO.64/2002 DATE
24/06/2002)
(This para has been amended vide Notification No.67/2004-Cus. Dated 9.7.2004)
Cut
and polished diamonds are re-imported by gems and jewellery exporters having
a track record of at least three years and having an annual average turnover
of five crore rupees and above during the preceding three licensing years.
Each
piece of cut & polished diamonds so re-imported shall not be less than 0.25
of a carat in weight.
The Bold words has been substituted vide Notification No. 50/2005,
Dated 20-05-2005.
Cut
and polished diamonds shall be re-imported within a period of three months
from the date of exportation.
Cut
and polished diamonds shall be allowed to be re-imported only on production
of certification/grading report from the following laboratories/agencies, in
terms of Old [said paragraph 8.13(b)] # New
[paragraphs 4A.2 and 4A.2.1], namely:-
(a)
Gemological Institute of America (GIA);
(b) The Robert Mouawad Campus;
(c) International Gemological Institute (IGI);
(d) European Gemological Laboratory (EGL) in USA;
*(e) Hoge Raad voor Diamond (HRD), Antwerp, Belgium;
(f) World Diamond Centre of Diamonds High Council, Antwerp, Belgium.
(g) Central Gem Laboratory, Miyagi Building, 5-15-14 Ueno Taito-Ku, Tokyo, Japan.
The entry (g) has been inserted vide Notification No. 50/2005, Dated 20-05-2005.
*(h) American Gem Society Laboratories (AGS Laboratories), 8917 West Sahara Avenue, Las Vegas, Nevada 89117.
1[(i)
Diamond Trading Company,
2[(j) M/s International Diamond Laboratories DMCC, Dubai]
Cut and polished diamonds so re-imported shall match with corresponding diamonds mentioned in the invoice at the time of exportation in terms of value, height, circumference and weight.
2.
Notwithstanding anything contained herein above, the exemption contained in this
notification shall also be applicable, if the exportation and re-importation of
cut and polished diamonds as stated above are undertaken by the authorised
offices or agents in India of the laboratories/agencies as mentioned above on
behalf of the exporters subject to fulfilment of the conditions specified herein
above and in the Foreign Trade Policy and Handbook of Procedures Volume I;
(Paragraph 2 has been inserted vide CUS NTF NO.64/2002 DATE 24/06/2002)
Explanation.- For the purpose of this notification, “Foreign
Trade Policy” means the Foreign Trade Policy, 1st September, 2004-
31st March, 2009” published by the Government of India in the
Ministry of Commerce and Industry vide notification No. 1/2004-09, dated
the 31st August, 2004, as amended from time to time.
(Explanation has been substituted vide CUS NTF NO.64/2002 DATE 24/06/2002 and
notification no. 87/2004 dated
6-9-2004)
*Amended
vide NOTIFICATION NO 83/2005-Cus., Dated: September 15, 2005.
# Substituted vide Notification No. 21/2006-Cus., dt. 1/3/2006.
1. Inserted vide Notification No. 44/2006- Cus. Dated. 17/05/2006
2. Inserted vide Notification No. 76/2007-Cus Dated 6/6/2007
as amended by Notification Nos.64/2002 dt 24-062002, 67/2004-Cus. Dated 9.7.2004, 87/2004 dated 6-9-2004, 50/2005, Dated 20-05-2005, 83/2005-Cus Dated 15-9-2005, 21/2006-Cus., dt 1-3-2006 and 44/2006-Cus dt. 17-05-2006 and 76/2007-Cus dt. 6/6/2007.