DGFT regularizes RoDTEP benefit for 18 HS codes (heading 5208) from Jan 1, 2021, as per It’s, Notification in consultation with Revenue Dept.

The DGFT vide Notification 24/2023 dated August 03, 2023 regarding the RoDTEP benefit relating to 18 HS codes under heading 5208 notified vide Notification no. 63/2015-20 dated March 25, 2023 is being regularized w.e.f. January 01, 2021, in consultation with the Department of Revenue.

The following is considered regarding 18 HS Codes under Heading 5208 which were added in Appendix 4R vide Notification No. 63 dated March 25, 2023:

S. No.

Tariff Item Description of Goods (As per CTH)
(1) (2)

(3)

1

52084921 Of Handloom
2 52084929

Other

3

52084990 Other
  520851

Plain weave, weighing not more than 100 g/m2

4

52085110 Lungi
5 52085120

Saari

6

52085130 Shirting Fabrics
7 52085140

Casement

8

52085150 Cambrics (including madapollam and jaconet)
9 52085160

Mull (including limbric and willaya)

10

52085170 Mull (including limbric and willaya)
11 52085180

Vails (excluding leno fabrics)

12

52085190 Others
  520852

Plain weave, weighing morew than 100 g/m2

13

52085210 Lungi
14 52085220

Saari

15

52085230 Shirting Fabrics
16 52085240

Casement

17

52085250 Cambrics (including madapollam and jaconet)
18 52085260

Mull (including limbric and willaya)

(i) Whereas, customs EDI directory in ICES had an error inasmuch as it did not contain above-mentioned 18 HS Codes of heading 5208 which form part of the legal text of the first schedule to Customs Tariff Act, 1975 and exporters claimed and availed RoDTEP wherein export goods were classified in tariff lines with in headings of 5208 other than the said 18 HS Codes,

(ii) Whereas, above-mentioned 18 HS Codes of heading 5208 have been enabled in customs EDI directory in ICES for filing shipping bills w.e.f. January 28, 2023 and however, exporters could claim RoDTEP benefit from March 28, 2023 onwards after RoDTEP rates were notified vide said DGFT Notification no. 63 dated March 25, 2023,

(iii) Whereas, on account of noticing inconsonance in classification vis-a-vis first schedule to Customs Tariff Act, 1975, show cause notices have been issued or RoDTEP benefit disallowed at the time of export relating to the period January 01, 2021 to January 27, 2023; and also, for the period January 28, 2023  to March 27, 2023 claiming the RoDTEP could not be enabled,

(iv) whereas, taking in account the sequence of measures taken in connection to correcting this said omission, allowing RoDTEP since January 01, 2021 as well as the regularisation of the RoDTEP as claimed as such, as long as it was claimed against one of the HS Codes under heading 5208 in the case of exports under shipping bills filed from January 01, 2021 to January 27, 2023 would obviate any changes required in any of the relevant shipping bills under which exports stand made, that the claims would simply get finalized and show cause notices, if any, already issued would get decided accordingly,

(v) whereas, in the case of exports under shipping bills filed from January 28, 2023  to March 27, 2023, by allowing RoDTEP since January 01, 2021, enablement from DG Systems in CBIC is required so as to update the RoDTEP directory and to make other changes, including in ICES/ICEGATE, as are necessary, so as to allow exporters, who claimed the said 18 HS Codes in their export declaration in shipping bill, to make a supplementary claim in respect of RoDTEP amount. For this, the DG Systems in CBIC shall be issuing a Systems Advisory allowing exporters (who claimed the 18 eight-digit tariff lines in their export declaration in shipping bill) to make a supplementary claim within 180 days of the date of the said Systems Advisory.

Therefore, in exercise of the powers conferred by Section 3 and Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 read with Para 1.02 of the Foreign Trade Policy 2023, the Central Government hereby- i) allows RoDTEP for these 18 HS codes mentioned in Table in Para 1 above w.e.f. January 01, 2021 in supersession of DGFT Notification no. 63 dated March 25, 2023 to that extent. ii) regularizes the RoDTEP availed by the exporters w.e.f. January 01, 2021, in the manner as outlined in sub-para (iv) or (v) of Para 2 above, as the case may be.

Effect of this Notification:

RoDTEP benefit relating to 18 HS codes under heading 5208 notified vide Notification no. 63/2015-20 dated March 25, 2023 is being regularized w.e.f. January 01, 2021, in consultation with the Department of Revenue.

The Notification can be accessed at: https://a2z-bucket.s3.ap-south-1.amazonaws.com/wp-content/uploads/2023/08/English-Notification-no.-24-dated-03.08.2023.pdf

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