[TO BE PUBLISHED IN THE GAZETTE OF INDIA , EXTRAORDINARY, PART II,
SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
New Delhi, the 16
th
November, 2015
Notification
No. 110/2015 - CUSTOMS (N.T.)
G.S.R. (E).- In exercise of the powers conferred by sub-section (2) of section 75 of the Customs Act, 1962 (52 of 1962),
sub-section (2) of section 37 of the Central Excise Act, 1944 (1 of 1944), and section 93A and sub-section (2) of section 94 of
the Finance Act, 1994 (32 of 1994), read with rules 3 and 4 of the Customs, Central Excise Duties and Service Tax Drawback
Rules, 1995 (hereinafter referred to as the said rules) and in supersession of the notification of the Government of India in
the Ministry of Finance (Department of Revenue) No.110/2014-CUSTOMS (N.T.), dated the 17
th
November, 2014, published
vide number G.S.R. 814 (E), dated the 17
th
November, 2014, except as respects things done or omitted to be done before
such supersession, the Central Government hereby determines the rates of drawback as specified in the Schedule annexed
hereto (hereinafter referred to as the said Schedule) subject to the following notes and conditions, namely:-
Notes and conditions:
(1) The tariff items and descriptions of goods in the said Schedule are aligned with the tariff items and descriptions of
goods in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) at the four-digit level only. The descriptions of goods
given at the six digit or eight digit or modified six or eight digits in the said Schedule are in several cases not aligned with the
descriptions of goods given in the said First Schedule to the Customs Tariff Act, 1975.
(2) The general rules for the interpretation of the First Schedule to the said Customs Tariff Act, 1975 shall, mutatis
mutandis, apply for classifying the export goods listed in the said Schedule.
(3) Notwithstanding anything contained in the said Schedule, -
(i) all artware or handicraft items shall be classified under the heading of artware or handicraft (of constituent material) as
mentioned in the relevant Chapters;
(ii) any identifiable ready to use machined part or component predominantly made of iron, steel or aluminium, made through
casting or forging process, and not specifically mentioned at six digit level or more in C hapter 84 or 85 or 87 , may be
classified under the relevant tariff item (depending upon material composition and making process) under heading 8487 or
8548 or 8708, as the case may be, irrespective of classification of such part or component at four digit level in C hapter 84 or
85 or 87 of the said Schedule;
(iii) the sports gloves mentioned below heading 4203 or 6116 or 6216 shall be classified in that heading and all other
sports gloves shall be classified under heading 9506.
(4) The figures shown in columns (4) and (6) in the said Schedule refer to the rate of drawback expressed as a percentage
of the free on board value or the rate per unit quantity of the export goods, as the case may be.
(5) The figures shown in columns (5) and (7) in the said Schedule refer to the maximum amount of drawback that can be
availed of per unit specified in column (3).
(6) An export product accompanied with application for removal of excisable goods for export (ARE-1) and forming part of
project export (including turnkey export or supplies) for which no figure is shown in column (5) and (7) in the said Schedule, shall
be so declared by the exporter and the maximum amount of drawback that can be availed under the said Schedule shall not
exceed the amount calculated by applying ad-valorem rate of drawback shown in column (4) or (6) to one and half times the
ARE- 1 value.
(7) The figures shown in the said Schedule under the drawback rate and drawback cap appearing below the column
heading Drawback when Cenvat facility has not been availed refer to the total drawback (Customs, Central Excise and
Service Tax component put together) allowable and those appearing under the column heading Drawback when Cenvat
facility has been availed refer to the drawback allowable under the Customs component. The difference between the two
columns refers to the Central Excise and Service Tax component of drawback. If the rate indicated is the same in both the
columns, it shall mean that the same pertains to only Customs component and is available irrespective of whether the exporter
has availed of Cenvat facility or not.
(8) The rates of drawback specified against the various tariff items in the said Schedule in specific terms or on ad valorem
basis, unless otherwise specifically provided, are inclusive of drawback for packing materials used, if any .
(9) Drawback at the rates specified in the said Schedule shall be applicable only if the procedural requirements for claiming
drawback as specified in rules 11, 12 and 13 of the said rules, unless otherwise relaxed by the competent authority, are
satisfied.
(10) The rates of drawback specified in the said Schedule shall not be applicable to export of a commodity or product if such
commodity or product is -
(a) manufactured partly or wholly in a warehouse under section 65 of the Customs Act, 1962 (52 of 1962);
(b) 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;
(c) manufactured or exported by a unit licensed as hundred per cent. Export Oriented Unit in terms of the provisions of the
relevant Export and Import Policy or the Foreign Trade Policy;
(d) manufactured or exported by any of the units situated in Free Trade Zones or Export Processing Zones or Special
Economic Zones ;
(e) manufactured or exported availing the benefit of the notification No. 32/1997Customs, dated 01
st
April, 1997.
(11) The rates and caps of drawback specified in columns (4) and (5) of the said Schedule shall not be applicable to export
of a commodity or product if such commodity or product is
(a) manufactured or exported by availing the rebate of duty paid on materials used in the manufacture or processing
of such commodity or product in terms of rule 18 of the Central Excise Rules, 2002;
(b) manufactured or exported in terms of sub-rule (2) of rule 19 of the said Central Excise Rules, 2002.
(12) Wherever specific rates have been provided against tariff item in the said Schedule, the drawback shall be payable only
if the amount is one per cent. or more of free on board value, except where the amount of drawback per shipment exceeds five
hundred rupees.
(13) The expression when Cenvat facility has not been availed, used in the said Schedule, shall mean that the exporter shall
satisfy the following conditions, namely:-
(a) the exporter shall declare, and if necessary, establish to the satisfaction of the Assistant Commissioner of
Customs or Assistant Commissioner of Central Excise or Deputy Commissioner of Customs or Deputy Commissioner of
Central Excise, as the case may be, that no Cenvat facility has been availed for any of the inputs or input services used in the
manufacture of the export product;
(b) if the goods are exported under bond or claim for rebate of duty of central excise, a certificate from the Superintendent
of Customs or Superintendent of Central Excise in-charge of the factory of production, to the effect that no Cenvat facility has
been availed for any of the inputs or input services used in the manufacture of the export product, is produced:
Provided that the certificate regarding non-availment of Cenvat facility shall not be required in the case of exports of handloom
products or handicrafts (including handicrafts of brass artware) or finished leather and other export products which are
unconditionally exempt from the duty of central excise.
(14) Whenever a composite article is exported for which any specific rate has not been provided in the said Schedule, the
rates of drawback applicable to various constituent materials can be extended to the composite article according to net content
of such materials on the basis of a self-declaration to be furnished by the exporter to this effect and in case of doubt or
where there is any information contrary to the declarations, the proper officer of customs shall cause a verification of such
declarations.
(15) The term article of leather in Chapter 42 of the said Schedule shall mean any article wherein 60% or more of the outer
visible surface area (excluding shoulder straps or handles or fur skin trimming, if any) is of leather notwithstanding that such
article is made of leather and any other material.
(16) The term dyed, wherever used in the said Schedule in relation to textile materials, shall include yarn or piece dyed or
predominantly printed or coloured in the body.
(17) The term dyed in relation to fabrics and yarn of cotton, shall include bleached or mercerised or printed or mélange.
(18) The term dyed in relation to textile materials in Chapters 54 and 55 shall include printed or bleached.
(19) In respect of the tariff items in Chapters 60, 61, 62 and 63 of the said Schedule, the blend containing cotton and man-
made fibre shall mean that content of man-made fibre in it shall be more than 15% but less than 85% by weight and the blend
containing wool and man-made fibre shall mean that content of man-made fibre in it shall be more than 15% but less than 85%
by weight. The garment or made-up of cotton or wool or man-made fibre or silk shall mean that the content in it of the respective
fibre is 85% or more by weight.
(20) The term shirts in relation to Chapters 61 and 62 of the said Schedule shall include shirts with hood.
(21) In respect of the tariff items appearing in Chapter 64 of the said Schedule, leather shoes, boots or half boots for adult
shall comprise the following sizes, namely: -
(a) French point or Paris point or Continental Size above 33;
(b) English or UK adult size 1 and above; and
(c) American or USA adult size 1 and above.
(22) In respect of the tariff items appearing in Chapter 64 of the said Schedule, leather shoes, boots or half boots for children
shall comprise the following sizes, namely: -
(a) French point or Paris point or Continental Size upto 33;
(b) English or UK children size upto 13; and
(c) American or USA children size upto 13.
(23) The drawback rates specified in the said Schedule against tariff items 711301, 711302 and 711401 shall apply only to
goods exported by airfreight, post parcel or authorised courier through the Custom Houses as specified in para 4.72 of the
Hand Book of Procedures, 2015-2020 published vide Public Notice No.1/ 2015-2020, dated the 1
st
April, 2015 of the
Government of India in the Ministry of Commerce and Industry, after examination by the Customs Appraiser or Superintendent
to ascertain the quality of gold or silver and the quantity of net content of gold or silver in the gold jewellery or silver jewellery or
silver articles. The free on board value of any consignment through authorised courier shall not exceed rupees twenty lakhs.
(24) The drawback rates specified in the said Schedule against tariff items 711301, 711302 and 711401 shall not be
applicable to goods manufactured or exported in discharge of export obligation against any Scheme of the relevant Export and
Import Policy or the Foreign Trade Policy of the Government of India which provides for duty free import or replenishment or
procurement from local sources of gold or silver.
(25) Vehicles of Chapter 87 of the said Schedule shall comprise completely built unit or completely knocked down (CKD)
unit or semi knocked down (SKD) unit.
2. All claims for duty drawback at the rates of drawback notified herein shall be filed with reference to the tariff items and
descriptions of goods shown in columns (1) and (2) of the said Schedule respectively. Where, in respect of the export product,
the rate of drawback specified in the said Schedule is Nil or is not applicable, the rate of drawback may be fixed, on an
application by an individual manufacturer or exporter in accordance with the said rules. Where the claim for duty drawback is
filed with reference to tariff item of the said Schedule and it is for the rate of drawback specified herein, an application, as
referred under sub-rule (1) of rule 7 of the said rules shall not be admissible.
3. The amount referred in sub-rule (3) of rule 7 of the said rules, relating to provisional drawback amount as may be
specified by the Central Government, shall be equivalent to the Customs component, as provided by the drawback rate and
drawback cap shown in column (6) and (7) in the said Schedule for the tariff item corresponding to the export goods, if
applicable, and determined as if it were a claim for duty drawback filed with reference to such rate and cap.
4. This notification shall come into force on the 23
rd
day of November, 2015.
