A simple tutorial on high sea sale procedures and formalities in India Posted on 11 April 2023 Category : For Beginners The information provided here is part of Import Export course online High Sea Sales - Procedures and formalities in India. Let us learn on this article - the procedures of high sea sales with a simple example below. ‘A’, an overseas seller supplies goods to ‘B’ an overseas buyer. Once after completion of necessary export procedures, A submits all necessary documents to his bank at seller’s place. ‘B’, enters in to an agreement of sale with C under high sea sale, once after movement of goods from the territorial border of exporter but before arrival of goods at the territorial border of India. B accepts documents from his bank which has been sent by A through his bank. If the payment terms with A and B are on sight LC or DP, B remits invoice value of goods to A before collecting documents from bank. Incase of credit arrangements with A, B remits invoice value of goods to A as per the arranged credit period. The Bill of Lading (or airway bill) is endorsed by B and transfers the title of goods in favor of C. B prepares invoice to C in local currency ( INR ). B delivers endorsed original Bill of lading (or airway bill), his invoice in local currency along with import invoice, packing list, certificate of origin, insurance certificate and other necessary documents if any for import clearance duly endorsed. A retains a copy of all documents which he delivers to C. C files Bill of entry along with other import documents delivered by A with customs authorities. C pays necessary import customs clearance charges with import duty if any. B can also under take customs clearance and delivery to C, if B does not want to know the actual contract price of A and B. In this case, B is filing documents on behalf of C to hide the selling price between A and B. Once after completion of import customs clearance procedures, C delivers a copy of bill of entry to B. B files the said bill of entry and other copies of import documents and high sea sale documents with his bank. You may click here to read other articles about High Sea Sales : Major Documents required under High Sea Sales, How to hide invoice value of original contract under high sea sale transactions, Can high sea sales possible under air shipment?, Can high sea sale be effected more than two times?, Is sales tax applicable on shipments effected under high sea sales? How to check the time of contract on high sea sale transaction? Documentation procedures on high sea sale. Yes, I am sure, once after going through that articles you will have a good knowledge about High Sea Sales under International business. Do you wish to add more information about this subject – High Sea Sales? Write below your experience and thoughts about High Sea Sales. Comment below about High Sea Sales. The above information is a part of Online Export Import course Other post about import export cauching How to hide invoice value of original contract under high sea sale transactions Can high sea sales possible under air shipmentIs sales tax applicable on shipments effected under high sea salesHow to check the time of contract on high sea sale transaction.What is Third Party Exports? Difference between manufacturer exporter and third party exporter. How to start Export Business? How to get Export Orders? What are the risks and solutions in Export Business? Click here to know India Trade Classification(ITC) Click here to know HS code of other product/commodity Service Tax - Click here to read complete notification under Budget 2014 Running account facilities for bank export finance Types of export containers Measurement of export containers Exim Policy of India 2015-20 MEIS, Merchandise Exports from India Scheme SEIS, Service Exports from India Scheme Merge your Commercial Invoice and Packing List for all your future exports Export procedures and documentation Is Airway bill a documents of title? Is Customs House Agents (CHA ) required to be appointed mandatory? Is DP terms of payment safe in export business? Is Letter of Credit LC safe for an Importer? Is ON BOARD CERTIFICATE required for LC negotiation Maintain quality of goods - a prime factor in exports Master collect House collect How does Letter of Credit work? How does STP units work in India? How does TT (Telegraphic Transfer) work? Master Collect House Prepaid Master prepaid House collect Master prepaid house prepaid Material used for testing is eligible for Modvat MSDS Material Safety Data Sheet Multiple Country Textile Declaration Negotiation procedures and formalities of export bills Non receipt of Cargo Arrival Notice, Can importer sue against shipping company OBJECTIVES OF CUSTOMS CONTROL for EXPORT GOODS OBL not released OBL not surrendered no telex release Office to contact Phytosanitary inspection in India Offices to obtain RCMC Who can inspect import cargo in US Who decides shipping carrier on FOB shipments Who gets benefited with my articles in this website Options under central excise clearance Packing of export goods - How important in International business? Parties in LC Payment procedures in Triangular exports Payment terms POD Proof of Delivery – How important in Imports Post export incentives Refund of Input Tax Credit (ITC) of GST, FAQ Migration procedures for existing VAT payers to GST online in India Refund of GST paid in India, FAQ 4 Conditions when applying for refund of Input Tax Credit (ITC) under GST Enrolling an existing VAT taxpayers at the GST Common Portal Difference between types of goods and services and types of GST 4 types of Goods and Services in India for GST rate Difference between IGST on International goods and IGST on domestic goods. Navigation controls to enroll with GST in India for existing VAT payers in IndiaHow is IGST calculated under Imports? How is IGST rate on imports treated? How to register a Digital Signature Certificate under GST in India.GST and e-Commerce Business, FAQ Definition of E-Commerce under GST How to identify the steps in enrolment process of a tax payer at the GST common portal. TDS under GST, Frequently Asked Questions Does Interest attract on GST Tax payment delay? Step by step procedure to login with GST common portal in India Mechanism of Payment of GST tax in India Levy of late fee for GST Tax returns filing in India I pay Service Tax on my services. But I am not sure how do I pay the new GST? Notice to GST return filing defaulters GST Exemption list of goods and services Find HSN number or Service tariff code for GST GST registration guidelines Indian GST Laws How to export your goods? Learn exports imports free of cost Comments David: On 04 August 2013 I have read that sales tax on high sea sales are not applicable. so, in high sea sales, service tax will be liable or not by me if i am importer in india? TAPrasanna: On 13 August 2013 1. Can there be more than one buyer (D,E,F....) to buy under HSS from the overseas buyer B? 2. Can the imported goods be moved to ICD and kept for longer period and then close the HSS? If yes, what maximum time limitation? subhash bhattad: On 28 August 2013 Pl clarify about High sea import of restricted item under the Import Licence. CASE : X imports restricted material. X is not holder of Import licence for restricted material. Material shipped on 1st August. Y is given a Import licence of the restricted item valid from 18th August. On 25th August Y enters in a High sea purchase agreement with X, for the material imported by X. CAN Y utilise his Import licence (valid from 18 August) for getting cleared the material shipped on 1st August ??? SUBHASH SHARMA : On 06 December 2013 is High sea sales atract any service tax or lible to pay service tax if the same is made by a manufacturer anil batra: On 20 December 2013 How many buyer can be in a high sea sale agreement excluding seller. Pabitra kumar: On 20 February 2014 Can the Buyer give me a PO in USD for High Sea Sales Purchases. The buyer wants to write in PO the following... "Equivalent INR of USD."and the mention the USD value only Is this possible in India as per the laws of the land. Atul Sabnis: On 08 July 2014 Please explain a scenario wherein A (vendor) bills B (importer) on a single invoice & B undergoes a HSS agreement with C(Third Party - Local Customer) for delivery at multiple locations. Scenario 1 - Bill to One party, Ship to Multiple locations. Question : How many HSS agreements need to be made in this case ? How many inward invoice need to be made from the foreign supplier ? Scenario 2 - Bill to Multiple party, Ship to Multiple locations. Question : How many HSS agreements need to be made in this case ? How many inward invoice need to be made from the foreign supplier ? In case material is imported on a single invoice from the supplier, & we divert the imported goods to a Bonded Warehouse, can the goods be cleared under an HSS with annexure of multiple ship to addresses? KAMLESH VYAS: On 18 July 2014 Dear sir, I am a first stage dealer and i have got the central excise registration and import export code. At recently we have got the one purchase against the High Sea sales-purchase. My Query is at the time of purchase book (as per bill of entry reference)i.e. in bill of entry mentioned (1)BCD 7.5% (2)CVD 10%(3)CEC 2%(4)CS&HEC-1%(5)ADDL DUTY IMPORT 4%. Kindly guide us we have book the all entry i.e.s.no.1 tos.no.5 and when we will make the sales invoice we have pass the all duties i.e s.no. 1 to s.no.5 Thanking you, kamlesh vyas 932755 8850 Anil: On 15 September 2014 Dear sir, Please explain if this transaction is exempted from sales tax - 'A' directly imports a material from 'B'(on advance Wire transfer), and supplying it to 'C'. 'C' placed order on 'A' for the same material & quantity much before the said material arrived India. 'A' ordered the material from 'B' for the sole purpose of selling it to 'C'. 'C' being a Defence Organisation floated tender and 'A' getting order .... much before any contract was established between 'A' & 'B'. This exemption is claimed on the turnover by citing the case law of State of A.P. Vs Blue Star Ltd. 96, STC – 374 (H.C) and State of Maharashtra Vs Embee Corporation –107, S.T.C 196 (S.C) read with the section 5 (2) of the C.S.T Act and Section 5 (b) of the A.P. Value Added Tax Act, 2005, as transaction from Import sales (High Sea Sales). Please look into the Court cases and suggest. Thank you. Ronald Dias: On 08 October 2014 Is high sea sales possible for an overseas buyer (C in this example) instead of an Indian Buyer. if so what are the formalities. thanks. patchaippan: On 05 November 2014 i required details on high sea sales Krishna: On 27 November 2014 Hi I'm a SAP SD consultant, is there any way or notes on how to map this scenario in SAP. if yes please do send me on my email id. Krishna: On 27 November 2014 Hi I'm looking for the process mapping of High sea sales in SAP -ERP. Can anybody provide me the data related to mapping in SAP. Praveen: On 27 February 2015 i want to know accounting entry of high seas purchase in sap Puneet Mittal : On 03 March 2015 I want to know that is there any liability of TCS ( tax collected at source) or the highseas buyer can furnished 27(c) form or is there no need for any of the two. Please let me know if there is any case study or any judgement for this. Thks. Keshvan: On 13 April 2015 Is high seas export third country buyer is permitted under Export-Import Policy, RBI Rules ? Manish Shukla: On 01 May 2015 Sir / Madam PLz advise and explain, If we have already arranged the shipment as fcl from Chiwan to ICD TKD and shipment has also arrived at PIPAVA so can we change this shipment as "HIGH SEA SALES SHIPMENT". Kindly advise. Also plz explain. Thanks Manish Shukla Sunny : On 19 May 2015 Dear sir, please advice that whether we can clear two epcg licence against a single b/l.for e.g A creates a b/l against B. Now B sold the goods to C & D against epcg licence with b/l against B from A. Please advice urgently L RAVI: On 26 June 2015 Sir, Pl calrify whether ther can be a Purchase order or Letter of Award from the customer ( Ie., High Sea Sale Buyer) in India prior to entering int the High Sea Sale Agreement between HSS Seller & HSS Buyer. If so, pl explain how it can be ? Ravi RDC: On 16 July 2015 Example given is vague. Please make it more precise UTTAM kUAMR: On 24 July 2015 I just want to know whether 27 C form applicable against highseas sales or not ? Please clarify on this. ROHIT: On 22 August 2015 DEAR SIR, WHAT ENTRY IN THE TALLY ERP 9 OF C. Peppino Fiori: On 02 September 2015 Hi, I am thinking of importing ICUMSA 45 refined white sugar from INDIA into Italy; what documentation will I need from my Indian seller ??? Also, I am aware that INDIA enjoy special status towards the EEC regarding the sugar Tariff importation charges (it is exempt), will I have to show some special documentation regarding this ?? Thank you very much Peppino Geetha: On 03 October 2015 Sir, Can I have some RBI guidelines on high sea sales across the countries. sunil kumar: On 06 October 2015 Sir, There is a company located in India who imports from Germany against our order on HSS basis and we as B import the goods and export 100% material (as it is) to our client in Africa. Can you guide us complete procedure for above as currently we face lot of problem and abnormal delay in clearance of goods from Import desk and taking permission of re export inspite of full payment we receive in advance for export. Please guide us fully. Intergrow Exim : On 14 October 2015 Currently doing business in mumbai i am manufacturer of Bed Bugs Spray and i got good market for my product in local area. I am interest to supply my product to world market, being a fresher in export business i dont know how to write a sales promotion letter to foreign buyers. Can you give some ideas how to promote my product in foreign market and help me to get some sample sales promotion letters Nakade Annasaheb: On 31 October 2015 High seas sales mines import & export material but Import material in Indian no any indian taxes not applicable ???? excluding customs duty Abhishek Bhardwaj: On 11 December 2015 I don't know nothing about High Seal Sale.Actually I studied this article.I am totally satisfied from that ; and also satisfied from simplification of such article. Thanks For posting this articles. Suyambulingam: On 04 February 2016 Sir, One goods import by "A" from "B". Now the importer "A" and exporter"B" are related person.but "B" high sea sale to "C". now "C" filing bill of entry for the clearance of good.Now EDD(extra duty deposit ) are applicable for this shipment or not... Sandesh: On 01 June 2016 A ( India) receives PO for Kiosk from B (the buyer is in Europe ) -A places order on C (India ) and expects to ship Kiosk to C ( Outside India) -C ( India ) places order on D ( XYZ Company in China) to manufacture Kiosk and ask the D to deliver the Kiosk to B (buyer in Europe) from China without bringing the kiosk to India Please suggest documentation for us ( We are C ) Girish : On 07 August 2016 We manufacture solar products/components in India. While selling to Indian buyers who are registered manufacturers we have to charge C.Excise duty. However our customers can import the same components from China duty free and also without cvd be I need solar products. I would like to know whether we can export the product to any SEZ from where the buyer imports it and wouldn't pay duty as he is manufacturer of solar panels. M Ravi Shankar: On 29 September 2016 is there can two agreement on HIghseas sale? A(Importer) make an HSS agreement with B and B in turn make an HSS agreement with C who is the end user In such case both the HSS agreements are valid M Ravi Shankar: On 29 September 2016 Can there be two High Seas Sale agreement. A-Importer will have a HSS agreement with B and in turn B will have an one more agreement with C the End user is this is ok satish nair: On 29 September 2016 Sir, Under HSS agreement are we bound to release the payment once the shipment is released by the foreign supplier? Can we make changes in the HHS agreement that the payment shall be made after receipt of material at buyers' premises? My local Indian supplier has agreed to accept this clause. But is it legally acceptable? Pl reply asap. Thanks & Regards satish Ashok sahu: On 03 October 2016 Dear sir can indian buyer "B" sale material to overseas buyer "c" on high sea sale Base MANEESH: On 05 December 2016 In the given example, if C is re-exporter or manufacturer, whether C will be entitled to get the duty drawback under Customs Law (in case or re-exporter), or duty drawback of CVD in case of manufacturer? Rekha: On 22 February 2017 In Heigh Sea Sale who pay DO charge? Rahul Tiwari: On 03 March 2017 Can any customer buying car under HSS may settle import duties in advance. For example - If vessel is docking in India port on 10April & customer wants to buy car within March. jaidev: On 07 March 2017 HI sir , i am stuck in some doubts and not knowing how to get the correct answer . i would want to import some goods and sell it here or to a know person locally . A is the seller( overseas ) , B is me and C is the original buyer ( locally) . In this case, can B do all the clearance and deliver the goods to C under high sea sale , where i just keep my margins in between . also is it really necessary to have the BL in C s name cant it be possible that I can have all the documents in my name and deliver the goods directly to C from the port after clearance Suman Talwar : On 07 April 2017 A customer (a big hotel), wants to import artificial grass. We import artificial grass. The customer has asked for a commercial offer for HSS to save duty. I will be grateful if you can inform me the pro & cons regarding this & how does this process work. Thank you Kind regards Rajneesh Grover : On 08 April 2017 I am based in Calgary Alberta Canada 2011 as permanent resident originally from New Delhi India and want to do high seas sale in India of teak logs from Brazil .I have company in India and Canada both. I have done simple imports/exports but not high seas sale .My main concern is to protect supplier identity from Indian buyer. If I sell at high seas what is the legal procedure to hide name of supplier from documents like PHYTO SANITARY CERTIFICATE ,COUNTRY OF ORIGIN ,FUMIGATION as these three documents will have supplier name .To my knowledge Invoice and packing list can be changed legally but how to control this issue. If you can guide me how to do high seas sale or any other option to do this trade I will be highly thankful to you. Jayesh Chhajed : On 08 April 2017 Dear Sir, We read your article on your website. We are Metal Trading Company selling the material to many clients in India. Since HSS Sale being a complicated process involving so many rules we kindly request you to please help us out by clarifying to below issues we have: 1) We are getting many consignments which we are selling on high seas sale basis in which there are extra quantities for our stock also in single b/l & invoice. although for big consignments we try to separate boxes & b/l, for smaller orders we cannot split quantities as mill don’t support. Is there anyother solution wherein we can sell part material on HSS and Balance we clear in our name? 2) We are clearing the HSS Sales Consignments Imported by us for our clients and giving them door delivery for same. Does the HSS Rule allow the same? 3) If we are selling the material on HSS Basis and the client asks us some re-packing of the material like PVC Coating can we do it on their behalf else they would not except the material? 4) If there is rejection in HSS How to proceed with taking back the material from client? 5) If there is excess supply in HSS and for that client returns the material how to go ahead with that case? 6) If Consignment received in Damaged condition by client in HSS Whose liability to contact the insurance company? 7) What is the main purpose of High Seas Sales….Isnt it meant only for core purpose of avoiding Sales Tax by the buyer from the Importer? Please help us out to above as we are not able to get answer from sources we have. Ganny: On 28 April 2017 Can we use a advance license (if iam party C) in above example. P.S.Sundaram Advocate : On 26 May 2017 Sir, You have not mentioned the Verified Gross Mass Weight Certificate for every export container in the list of documents required. Rakesh Grover: On 27 May 2017 Dear Mr Rajneesh Grover You can ask your company in India to Get the customs clearance themselves and Deliver the goods to the ultimate Buyer on HSS. In this way you can deliver the goods to HSS Buyer with the Indian Currency Invoice and the Duplicate Bill of Entry for their record as goods are imported in the name of HSS Buyer. In this way you are not required to pass on the Documents such as Country of Origin or other certificates to hide the information of original Supplier/Manufacturer. But being a internet era, anything or any information is traceable by way of marking or Brand / model etc mentioned on the actual goods under import. Mahesh from Ahmedabad: On 28 June 2017 My question... Can an Indian buyer, buy Indian product exported by another Indian supplier, from the foreign customer on high sea sales basis and sell it to a foreign buyer ? MADAN LAL SINGLA ADVOCATE: On 14 November 2017 HIGH SEAS SALE PROFIT IS SPECULATIVE INCOME OR NOT Rajinder Choudhary: On 13 December 2017 To Ganny: Of course, you can use advance license to clear goods bought on high seas sale. Rajinder Choudhary: On 13 December 2017 High Seas Sale profit is not speculative income. It is a regular business to import and sell to those who need goods quicker. SUMIT: On 23 July 2019 I WANT TO KNOW THAT THE IGST LEIVED ON INVOICE,WHICH PERSON IS LIABLE TO PAY IGST B OR C Sushil Kambli: On 09 September 2019 I have read your article 'A simple tutorial on high sea sale procedures and formalities in India'. Thanks for the valuable information. A is a foreign supplier selling goods to B (Indian Buyer), who is selling goods to ultimate buyer C who is 100% EOU in India. In this case, can B raise invoice in Foreign currency to C? If so, how the payment will happen to B and A? and who will hold the of Bill of Entry? gopalakrishnan: On 21 December 2020 Is it possible to re-export the goods under High Sea Sale. A (foreign) sells to B (India) and B sells to C (India) under High Sea but C does not clear the goods but re-exports to D (foreign). is it possible? Narendra Jha: On 19 May 2022 If both seller and buyer are from India, can HSS be in foreign currency? kannan: On 16 July 2022 I have a doubt on getting payment - if you can clarify that would be great I have a Import and Export Company in Tamil Nadu and recently got a Purchase order from US Company... And I am buying the goods from US itself. (original manufacturer/ supplier is in Italy, as they have US Agent i was to forced to pay through their US Agent only) In this case, My bank cannot accepting this transaction - They are saying MTT Transction should be from different countires not in the same Country USA... Is there any possible way to get my customer payment from USA and pay it to the seller in USA Shazad: On 26 July 2023 i am importer and creating the high sea sales agreement. how many Percent add in INR amount and creat the high sea sales agreement. and how to calculation in this method. PULAK SINHA: On 07 May 2024 As per the procedure given by you concerns related to High Sea Sales, customs not accepting on filling of Bill of Entry on HSS Invoice (Local Currency) and ask to amend the Bill of Entry on Foreign supplier Invoice. We tried to understand customs but they refused to do that. We also told if we amend then actual price will be disclosed to the buyer. If you have any order or circular or case law then share to us.