CHAPTER - 6
| Scheme |
| 6.1 |
New capital goods, including computer software
systems, may be imported under the Export Promotion Capital Goods
(EPCG) Scheme.
|
| Import on Concessional Duty |
| 6.2 |
Capital goods (CG), including jigs, fixtures,
dies, moulds and spares may be imported at 5% Customs duty subject
to an export obligation equivalent to 5 times CIF value of capital
goods on FOB basis or 4 times the CIF value of capital goods on NFE
basis to be fulfilled over a period of 8 years reckoned from the
date of issuance of licence.
For calculation of NFE, the provision of paragraph 12.6 of the
Policy shall apply. |
| Eligibility |
| 6.3 |
| (a) |
Under the scheme, manufacturer exporters
with or without supporting manufacturer(s)/ vendor(s), merchant
exporters tied to supporting manufacturer(s) and service
providers are eligible to import capital goods. The capital
goods imported by the licence holder shall be installed at the
factory of the licence holder or his supporting manufacturer(s)/
vendor(s). |
| (b) |
If the licence issued under the scheme has
actually been utilised for import of a value in excess of or
less than 10% of the CIF value of the licence, license shall be
deemed to have been enhanced/ reduced by that proportion. Export
obligation shall accordingly be enhanced/ reduced as per the
actual utilisation of the licence. |
|
| Conditions for Import of Capital
Goods |
| 6.4 |
Import of capital goods shall be subject to
Actual User condition till the export obligation is completed.
|
| Export Obligation |
| 6.5 |
The following conditions shall apply to the
fulfillment of the export obligation:
| (i) |
The export obligation shall be fulfilled
by the export of goods manufactured or produced by the use of
the capital goods imported under the scheme. The export
obligation may also be fulfilled by the export of same goods,
for which EPCG licence has been obtained, manufactured or
produced in different manufacturing units of the licence holder/
specified supporting manufacturer(s)/ vendor(s).
However, if exporter is processing further to add value on the
goods so manufactured, the export obligation shall stand
enhanced by 50%.
|
| (ii) |
The exports shall be direct exports in the
name of the EPCG licence holder. However, the export through
third party(s) is also allowed provided the name of the EPCG
Licence holder is also indicated on the shipping bill. If a
merchant exporter is the importer, the name of the supporting
manufacturer shall also be indicated on the shipping bills. At
the time of export, the EPCG licence No. and date shall be
endorsed on the shipping bills which are proposed to be
presented towards discharge of export obligation.
|
| (iii) |
Export proceeds shall be realised in
freely convertible currency except for deemed exports under
paragraph 6.5(iv). However, in case of exports against
irrevocable letter of credit in free foreign exchange,
realisation of export proceeds need not be insisted for
fulfillment of export obligation.
|
| (iv) |
Exports shall be physical exports.
However, deemed exports as specified in paragraph 10.2 (a), (b),
(d), (f), and (g) of Policy shall also be counted towards
fulfillment of export obligation, but the EPCG licence holder
shall not be entitled to claim any benefit under paragraph 10.3
of this Policy in respect of such deemed exports. The supplies
made to the Oil and Gas sector may be counted towards discharge
of export obligation against an EPCG licence provided the
licence has been issued on or before 31.3.2000 and no benefit
under paragraph 10.3 of the Policy has been claimed on such
supplies.
|
| (v) |
The export obligation under the scheme
shall be, in addition to any other export obligation undertaken
by the importer, except the export obligation for the same
product as defined in paragraph 6.5(vi) below. The export
obligation under the scheme, shall be, over and above, the
average level of exports achieved by him in the preceding three
licensing years for same and similar products. Wherever the
average level of export was fixed taking into account the
exports made to such countries as are notified by the DGFT from
time to time for this purpose, the average level of exports
shall be reduced by excluding exports made to these countries.
This waiver shall be applicable to all EPCG licences which have
not been redeemed/ regularised.
However, exports made against any EPCG licence, except the EPCG
licences, which have been redeemed, shall not be added up for
calculating the average export performance for the purpose of
the subsequent EPCG licence. If the exporter achieves an export
of 75% of the annual value of the production of the relevant
export product, the export obligation against the EPCG licence
shall be subsumed under that export, provided the aggregate
value of such exports during the specified period shall not be
less than the aggregate value of the export obligation fixed
under paragraph 6.2 of this Policy.
|
| (vi) |
Where the manufacturer exporter has
obtained licences for the manufacture of the same export product
both under EPCG and the Duty Exemption or Diamond Imprest
Licence Scheme or made exports under DEPB/DFRC/ replenishment
licences, the physical exports made under these Schemes shall
also be counted towards the discharge of the export obligation
under EPCG scheme.
|
| (vii) |
In case of export of computer software,
agriculture, aquaculture, animal husbandry, floriculture,
horticulture, pisciculture, viticulture, poultry and
sericulture, the export obligation shall be determined in
accordance with paragraph 6.2 of the Policy, but the licence
holder shall not be required to maintain the average level of
exports as specified in sub- paragraph (v) above.
|
|
| 6.6 |
Deleted
|
| Import of Components and Goods in
Disassembled/ Un-assembled Condition |
| 6.7 |
A person may apply for a licence under the
EPCG scheme to import the capital goods in dis-assembled/
un-assembled condition to be assembled into capital goods by the
importer or components of such capital goods required for assembly
or manufacture of capital goods by the importer. This facility shall
not be available for replacement of parts.
|
| Indigenous Sourcing of Capital
Goods and benefits to domestic supplier |
| 6.8 |
| (i) |
A person holding an EPCG licence may
source the capital goods from a domestic manufacturer instead of
importing them. The domestic manufacturer supplying capital
goods to EPCG licence holders shall be eligible for deemed
export benefit under paragraph 10.3 of the Policy. |
| (ii) |
In the event of a firm contract between
the EPCG licence holder and domestic manufacturer for such
sourcing, the domestic manufacturer may apply for the issuance
of Advance Licence for deemed exports for the import of inputs
including components required for the manufacturer of said
capital goods. The domestic manufacturer may also replenish the
inputs including components after supply of capital goods to the
EPCG licence holders. The export obligation relating to the
EPCG licence shall be reckoned with reference to the CIF value
of the licence actually utilized. |
|
| Fulfillment of export obligation
by domestic supplier |
| 6.9 |
Notwithstanding anything stated in paragraph
6.5 above, the domestic manufacturer supplying capital goods against
EPCG licence shall be required to fulfill the export obligation by
supplying the specified capital goods as indicated on the licence
and by receiving payment from EPCG licence holder through normal
banking channels.
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