QUESTION

Raw material was imported for executing export orders. Some of the export orders were executed using that raw material now the importer wants claim the BCD paid at the time of raw material import. He forgot to take advance licence at the time of import. Is there any process/provision in Customs/DGFT for such situation?

ANSWER

Facts of the case:
There are two types of export executed. The same are as follows:
(i) Export against which raw material is imported and BCD is paid.
(ii) Export against which no raw material is imported and raw material is procured from the domestic sources.

Question:
How the cost of BCD can be reduced.

REPLY:
Case 1: To reduce the cost of BCD, you could import material on advance authorization but the authorization was not taken and the goods are imported on payment of BCD.
To nullify the impact of custom duty contained in the exported goods, you can take benefit of duty drawback. There are two alternatives as follows:

(a) All Industry Rate- All Industry Rate is declared by the government from time to time and this is given on FOB value. This drawback is sanctioned automatically at the time of export without producing any relevant evidences relating to the import of raw material. But these rates are very low. Therefore, in practical cannot compensate the actual BCD paid on the imports by the exporter.
The same is suggested when there is no import or the import content is very nominal.

(b) The second route available in duty drawback is Brand Rate Fixation. In this case you can apply for duty drawback on the basis of actual duty paid producing bill of enteries of goods imported.
Please note that All Industry Rate as mentioned in (a) above is not available if you are going for Brand Rate Fixation.

Case 2: Sometimes it happens that the export is urgent and the exporter cannot meet the timeline of the export if he takes the route of advance authorization. To cope-up this type of situation, an another scheme named DFIA is made available in Foreign Trade Policy.

DFIA is a post export incentive scheme known as Duty Free Import Authorization. It is mentioned in para 4.25 to 4.29 of Foreign Trade Policy. You have to follow the procedure given in para 4.53 to 4.57 of Handbook Procedure.
The same are enclosed here.

The DFIA is transferrable authorization. So if there is no need for further import of raw material because the export is completed, then the exporter can sell this authorization. (Reply dt. 21/09/2021)