Move 2 India - carnet triptique introduction

Carnet and Triptique

1. INTRODUCTION

1.1 The Government of India have acceded to the "Customs Convention on ATA Carnet for Temporary Importation of Goods". The Convention provides for temporary admission of goods free of import duty and free of import prohibitions or restrictions.
1.2 Presently the facility of ATA Carnet for temporary admission of goods will be restricted to goods imported for display or use at approved exhibitions/ fairs and similar events. The following are excluded from ATA Carnets:-

1. Consumables and goods meant for distribution or sale which are not likely to be re-exported.
2. Goods imported through the medium of post
3. Transit goods.

Temporary export of goods for display at exhibitions and fairs abroad and their subsequent re-import into India is also permitted.

1.3 The Govt. of India have issued Notification No.157/90-Cus., dated 28th March,1990 under section 25(1) of the Customs Act, 1962. In terms of Notification, goods described in Schedule I to the Notification, when imported into India for display or use at any event specified in Schedule II to the Notification, are exempt from the whole of Customs duty and the whole of additional duty leviable thereon and in Notification No.158/90 – Cus., dated 28th March, 1990 exempt from Auxiliary duty subject to the following conditions:-

(1) The event specified in Schedule II is held in public interest and is sponsored or approved by the Government of India and the Trade Fair Authority of India
(2) The said goods are imported under an ATA Carnet issued in accordance with the Customs Convention on ATA Carnet for temporary admission of goods hereinafter referred to as the (ATA Carnet) and the Carnet is guaranteed by the Federation of Indian Chambers of Commerce and Industry , which has been appointed as the guaranteeing association for ATA Carnet in India (hereinafter referred to as the Federation);
(3) The said goods in all respects conform to the description, quantity, quality, value and other specifications given in the ATA Carnet duly certified by the Customs authorities at the country of exportation;
(4) The said goods shall be exported within a period of six months from the date of importation.

Provided that where the goods are exported with in the said period of six months and again reimported, the period of six months shall be computed from the date of first clearance.

Provided further that when the Central Government is satisfied that it is necessary in the public interest so to do, it may extend the said period of six months by a further period not exceeding six months;

(5) In the event of failure to export the goods within the period specified in condition (4), the customs duty leviable on the goods as on the date of clearance shall be paid by the Federation.

Provided that the Federation shall not be liable to pay the customs duty in cases where the said goods are sold in exhibitions or fairs or otherwise disposed of in India on payment of customs duty with the prior approval of the Government of India in the Department of Revenue. Only such goods will be allowed to be sold as are otherwise permissible for import into the country under the Import Trade Control Policy in force at that time and the buyer holds a valid import licence duly endorsed by the Licensing Authority.

1.4 It will be noted from the above that -

(i) The ATA Carnet shall be the sole document for temporary importation (including re-importation) and temporary exportation (including re-exportation) of goods under the Convention. Therefore, instead of the normal Bill of Entry/Shipping Bill only the ATA Carnet will be filed;
(ii) The Federation of India Chambers of Commerce and Industry (herein after referred to as the Federation) shall be the sole "Guaranteeing Association" for ATA Carnets in India:
(iii) The validity of ATA Carnet shall not in any case exceed one year from the date of issue; and
(iv) Temporary importation of goods under the Convention has been exempted from ITC Regulations under the saving clause of the Import Trade Control Order, 1955.

1.5 The Government of India have also issued Notification No.14/90 N.T.-Cus., dated 28th March,1990 notifying the ATA Carnet (Form of Bill of Entry and Shipping Bill) Regulations, 1990.

1.6 In the First instance, imports (including re-imports) and exports (including re-exports) of goods under the Convention will be allowed at the major Custom Houses Viz. Delhi, Bombay, Madras, Calcutta and Cochin both by sea and by air. The ATA Carnets will be valid for imports or exports to countries who are contracting parties to the Convention.

1.7 The ATA Carnet has four counterfoils and vouchers viz. Exportation Counterfoil and Voucher, Re-importation Counterfoil and Vouchers, Importation Counterfoil and Voucher and Re-exportation Counterfoil and Voucher.

1.8 The Directorate General of Inspection, Customs and Central Excise, ‘D’ Block, I.P. Bhavan, New Delhi has been designated as the monitoring authority for the purpose of imports and exports under the Carnet. Approval of exhibitions/fairs as being covered by the Notification will, therefore, be conveyed to the Directorate General of Inspection, Customs and Central Excise, New Delhi which will keep a centralized record of such approvals and communicate them to the concerned Collectors of Customs and FICCI who will in time inform the Carnet issuing associations abroad.

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