This public Notice stands withdrawn w.e.f. 5.11.2008 by PN-124 dated 3.1.2009

PUBLIC NOTICE NO.  102 (RE-2008)/2004-2009 dated 5.11.2008
Amendments / additions / corrections in the Schedule of DEPB Rates

    In exercise of powers conferred under Paragraph 2.4 of the Foreign Trade Policy, 2004-2009 and Paragraph 1.1 of the Handbook of Procedures,Vol.I (RE-2008), the Director General of Foreign Trade hereby makes amendments / additions / corrections etc. in the Book Titled �Schedule of DEPB Rates� as annexed to this Public Notice. The new DEPB rates shall be valid for shipments made with �Let Export Order (LEO) date with immediate effect and until further orders. DEPB rates suspended / withdrawn vide various Public Notices issued till date remains operative unless amended by subsequent Public Notice in this regard.

This issues in public interest.

(R. S. Gujral)
Director General of Foreign Trade and
Ex-Officio Additional Secretary to the Government of India

[Issued from F. No. 01/94/180/00312/AM09/PC-4(B)]

1. The rates of DEPB specified in book shall not be applicable to export of a commodity of 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. Manufacture and/or exported in discharge of export obligation against an Advance Autorisation including Advance Authorisation for Annual Requirement or exported under DFIA Scheme of the relevant Foreign Trade Policy;

c. Manufacture and/or exported by a unit licenced as 100% Export Oriented Unit in terms of the provisions of the relevant Foreign Trade Policy;

d. Manufactured and /or exported by any of the units situated in Free Trade Zones/Export Processing Zone/Special Economic Zones/EHTP Scheme;

e. Exports of goods of foreign origin, unless the goods have been manufactured or processed or on which similar operations have been carried out in India;

f. Exports made under paragraph 2.35 and 2.36 of the Foreign Trade Policy.

2. The DEPB rate and the value cap shall be applicable as existing on the date of order of �let export� by the Customs.

3. The value cap, wherever existing, shall be with reference to the FOB value of exports. The DEPB rates shall be applied on the FOB value or value cap whichever is lower. For example, if the FOB value is Rs.500/- per piece, and the value cap is Rs.300/- per piece, the DEPB rate shall be applied on Rs.300/-.

4. Wherever any specific rate exists for a particular item under DEPB rate list as given in this book, the items shall not be covered under any generic description of the DEPB rate list.

5. The DEPB rate aims to neutralize the incidence of duty on the inputs used in the export product. Therefore, the DEPB rates, as given in this book refer to normally tradable/exportable product. Items such as Gold Nibs, Gold Pen, Gold watches etc. though covered under the generic description of writing instructions, components of writing instruments and watches are thus not eligible for benefit under the DEPB scheme.

6. The DEPB rates given for various galvanized Engineering product shall cover non galvanised products and vice-a-versa.

7. The DEPB rate given for various types of garments do not cover Silk as well as Woolen garments unless specifically mentioned in the DEPB description.

8. Portable product at S.No.239, 240,241,242,243 and 286 of Product Group: Engineering (Product Code 61) exported in the form of incomplete CKD/SKD Kit, but consisting of (i) Engine (ii) Chassis (iii) Gear Box (iv) Transmission Assembly system (v) Axle (Front & Rear) and (vi) Suspension System or Body/Cab or both, shall be treated at par with complete CKD/SKD Kit for the purpose of relevant DEPB benefits.

9. The DEPB rate for formulation consisting of more than one bulk drug would be calculated as per provisions of Policy Circular No.20 dated 31st July, 2000.

10. Wherever the export of resultant product in completely built form is allowed under DEPB, the CKD/SKD export of such product shall also be allowed under DEPB.

11. DEPB benefit would also be admissible on the export of composite product including assembled product having more than one constituent items for which DEPB rates are individually fixed. In such cases, the DEPB entitlement would be restricted to the lowest of the rate applicable to the constituent items, ignoring the rate of the constituent item(s) having weight less than 5% of the total net weight of such product. However, no DEPB benefit would be admissible on the exportof such product, if constituent item(s) is weighing more than 5% of the total net weight (of the product) and does not have any DEPB rate fixed.

The exporters shall declare in the shipping bill the following details also for claiming DEPB benefit on the export of such product:

i. Description of the composite product including the assembled product, alongwith its total net weight.

i. Description of all the constitute item(s) of such products which attract a DEPB rate with their respective DEPB Nos. and their credit rate alongwith total weight of such constituent (s).

iii. Description and combined total weight of those constituent item(s) which have no DEPB rate in the schedule.

(Explanatory Note) :

In case (iii) above is more than 5% of total weight given in (i), no DEPB on the composite product would be admissible.

12. DEPB benefit would be available on the export of products having extraneous material upto 5% by weight. In such cases, extraneous material upto 5% shall be ignored and the DEPB rate as notified for that export product shall be allowed.

Engineering                                        Product Code: 61
Chemicals                                           Product Code: 62
Plastics                                               Product Code: 63
Leather and Leather Products              Product Code: 64
Sports Goods                                     Product Code: 65
Fish and Fish Products                        Product Code: 66
Food Products                                   Product Code: 67
Handicrafts                                        Product Code: 68
Electronics                                         Product Code: 83
Textiles                                              Product Code: 89
Miscellaneous Products                      Product Code: 90