GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

New Delhi, the 11^th September, 2009.
20 Bhadrapad , 1931 SAKA

Notification No. 93 /2009 - Customs

G.S.R. 659 (E),- 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 when imported into India against a duty credit scrip issued under the Focus Market Scheme in accordance with paragraph 3.14 of the Foreign Trade Policy (hereinafter referred to as the said scrip) from,-

1.  the whole of the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act, 1975 (51 of 1975); and
   
   
2.  the whole of the additional duty leviable thereon under section 3 of the said Customs Tariff Act,

subject to the following conditions, namely :-

1. that the benefit under this notification shall be available only in respect of duty credit scrip issued against exports to the countries notified in Appendix 37-C of the Handbook of Procedures, Volume I of the Foreign Trade Policy;
   
   
2. that the said scrip is produced before the proper officer of customs at the time of clearance for debit of the duties leviable on the goods, but for this exemption;
   
   
3. that the said scrip and goods imported against it shall be freely transferable ;
   
   
4. that the imports and exports are undertaken through seaports at Bedi (including Rozi-Jamnagar), Chennai, Cochin, Dahej, Dharamtar,Haldia (Haldia Dock complex of Kolkata port) Kakinada, Kandla, Kolkata, Krishnapatnam, Magdalla, Mangalore, Marmagoa, Muldwarka, Mumbai, Mundhra,Nagapattinam, Nhava Sheva, Okha, Paradeep, Pipavav, Porbander, Sikka, Tuticorin, Visakhapatnam and Vadinar or through any of the airports at Ahmedabad, Bangalore, Bhubaneswar, Chennai, Cochin, Coimbatore, Dabolim (Goa), Delhi, Hyderabad, Indore, Jaipur, Kolkata, Lucknow (Amausi), Mumbai, Nagpur, Rajasansi (Amritsar), Srinagar, Trivandrum and Varanasi or through any of the Inland Container Depots at Agra, Ahmedabad, Anaparthy (Andhra Pradesh), Babarpur, Bangalore, Bhadohi, Bhatinda, Bhilwara, Bhiwadi, Bhusawal, Chheharata (Amritsar), Coimbatore, Dadri, Dappar (Dera Bassi), Daulatabad (Wanjarwadi and Maliwada), Delhi, Dighi (Pune), Durgapur (Export Promotion Industrial Park), Faridabad, Garhi Harsaru, Gauhati, Guntur, Hyderabad, Jaipur, Jallandhar, Jamshedpur, Jodhpur, Kanpur, Karur, Kota, Kundli, Loni (District Ghaziabad), Ludhiana, Madurai, Malanpur, Mandideep (District Raisen), Miraj, Moradabad, Nagpur, Nasik, Pimpri (Pune), Pitampur (Indore), Pondicherry, Raipur, Rewari, Rudrapur (Nainital), Salem, Singanalur, Surat, Surajpur, Tirupur, Tuticorin, Udaipur, Vadodara, Varanasi, , Waluj (Aurangabad) or through the Land Customs Station at Agartala, Amritsar Rail Cargo, Attari Road, Changrabandha, Dawki, Ghojadanga, Hilli, Jogbani, Mahadipur, Nepalganj Road, Nautanva (Sonauli), Petrapole, Ranaghat, Raxaul, Singhabad and Sutarkhandi or a Special Economic Zone notified under section 4 of the Special Economic Zones Act, 2005 (28 of 2005):
   
   Provided that the Commissioner of Customs may with in the jurisdiction , by special order, or by a Public Notice, and subject to such conditions as may be specified by him, permits import and export from any other seaport/airport/inland container depot or through any land customs station;
   
   
5. that where the importer does not claim exemption from the additional duty of customs leviable under section 3 of the said Customs Tariff Act, he shall be deemed not to have availed the exemption from the said duty for the purpose of calculation of the said additional duty of customs;
   
   
6. that the importer shall be entitled to avail of the drawback or CENVAT credit of additional duty leviable under section 3 of the said Customs Tariff Act against the amount debited in the said scrip;
   
   
7. that the benefits under this notification shall not be available to the items listed in Appendix 37B of the Hand Book of Procedures , Volume I.

2. The following categories of exports specified in paragraph 3.17.2 and 3.14.3 of the Foreign Trade Policy shall not be counted for calculation of export performance or for computation of entitlement under the scheme:

1. EOUs / EHTPs / BTPs who are availing direct tax benefits / exemption;
   
   
2. Export of imported goods covered under Para 2.35 of FTP;
   
   
3. Exports through transshipment, meaning thereby that exports originating in third country but transshipped through India;
   
   
4. Deemed Exports;
   
   
5. Exports made by SEZ units or SEZ products exported through DTA units;
   
   
6. Items, which are restricted or prohibited for export under Schedule-2 of Export Policy in ITC (HS);
   
   
7. Supplies made to SEZ units;
   
   
8. Service Exports;
   
   
9. Diamonds and other precious, semi precious stones;
   
   
10. Gold, silver, platinum and other precious metals in any form, including plain and studded Jewellery;
    
    
11. Ores and Concentrates, of all types and in all forms;
    
    
12. Cereals, of all types;
    
    
13. Sugar, of all types and in all forms;
    
    
14. Crude / Petroleum Oil & Crude / Petroleum based Products covered under ITC HS codes 2709 to 2715,of all types and in all forms; and
    
    
15. Export of Milk and Milk Products covered under ITC HS Codes 0401 to 0406, 19011001, 19011010,2105 & 3501.

Explanation,- In this notification,-

1.  "Capital goods" has the same meaning as assigned to it in paragraph 9.12 of the Foreign Trade Policy;
   
   
2.  "Foreign Trade Policy" means the Foreign Trade Policy 2009-2014, published by the Government of India in the Ministry of Commerce and Industry vide notification No.1 /2009-2014, dated the 27th August, 2009, as amended from time to time:
   
   
3.  "Goods" means any inputs, or goods including capital goods.

[ F.No.605/58/2009-DBK ]
Sd/-
(Rajesh Kumar Agarwal)
Under Secretary to the Government of India