The CBIC issued Circular No. 02/2022-Customs dated January 19, 2022 regarding alignment of Authorized Economic Operator (“AEO”) Circular No. 33/2016 dated July 22, 2016 and 54/2020 dated December 15, 2020 with Customs Administration of Rules of Origin Under Trade Agreements Rules, 2020 (“CAROTAR 2020”) implemented vide dated September 21, 2020.
Reference is drawn to Circular No. 33/2016–Customs dated July 22, 2016 as amended, including by Circular No. 54/2020- Customs dated December 15, 2020, vide which relaxation in furnishing of Bank Guarantee was extended to various category of AEO/AEO (MSME), but would not be applicable in cases where the Competent Authority orders furnishing of Bank Guarantee for provisional release of goods under section 18 of Customs Act, 1962.
It is clarified that with the insertion of Section 28 DA of Customs Act, 1962 relating to procedure regarding claim of preferential rate of duty, and the issuance of CAROTAR, 2020 (Customs Administration of Rules of Origin Under Trade Agreements Rules, 2020) vide Notification No. 81/2020-Customs dated August 21, 2020 (effective September 21, 2020), these provisions prevail over dispensation extended vide para 1.5.1. (v), 1.5.2.(ix), 1.5.3.(iv) of Circular No. 33/2016- Customs dated July 22, 2016 and para 3(vii) of Circular No. 54/2020- Customs dated December 15, 2020 and the latter stand suitably aligned to the former.
The Circular can be accessed at: https://www.cbic.gov.in/resources//htdocs-cbec/customs/cs-circulars/cs-circulars-2022/Circular-No-02-2022.pdf