Indian Customs Manual about Project imports, Baggage and Postal imports for personal use

Indian Customs guidelines about Project imports, Registration of contracts, Clearance of goods after registration, Finalization of contract, Baggage and Postal imports for personal use

Under this post, the details about Project imports, Registration of contracts, Clearance of goods after registration, Finalization of contract, Baggage and Postal imports for personal use are extracted from Indian customs manual for 2023. 

What is the purpose of Project Imports as per Customs manual 2023? How does Indian customs function on project imports?  How to assess the value under project imports? What is the accounting method on realization of foreign exchange?

The customs manual 2023 also explains about the process of registration of contracts, step by step formalities to register and other guidelines related to customs procedures and formalities.  The Customs Manual 2023 also explains  in detail about the documents required for registration. The Customs Manual 2023 also explains about the process on clearance of goods after registration.

The customs manual also explains about finalization of contract, baggage and postal imports for personal use.

The Indian Customs Manual 2023 about Project imports,  Registration of contracts, Clearance of goods after registration,  Finalization of contract, Baggage and Postal imports for personal use are explained below:

The extract of Indian Customs Law 2023 is given under:

Chapter 5: Classification/Assessment of Projects Imports,

Baggage and Postal Imports

1. Introduction:

1.1 For the sake of convenience, a special classification has been introduced in the Customs Tariff

for project imports, baggage and postal imports. By virtue of this classification, the diverse goods

that are imported for the purpose of execution of projects or as baggage and postal imports are

classified under one heading and subjected to a uniform rate of duty. This facilitates assessment

and ensures faster clearances since the alternative would be to classify each item distinctly and

subject the same to the applicable duty.

2. Project imports:

2.1 ‘Project Imports’ is an Indian innovation to facilitate setting up of and expansion of industrial

projects. Normally, imported goods are classified separately under different tariff headings and

assessed to applicable Customs duty, but as a variety of goods are imported for setting up an

industrial project their separate classification and valuation for assessment to duty becomes

cumbersome. Further, the suppliers of a contracted project, do not value each and every item or

parts of machinery which are supplied in stages. Hence, ascertaining values for different items

delay assessment leading to demurrage and time and cost overruns for the project. Therefore, to

facilitate smooth and quick assessment by a simplified process of classification and valuation, the

goods imported under Project Import Scheme are placed under a single Tariff Heading 9801 in

the Customs Tariff Act, 1975. The Central Government has formulated the Project Import

Regulations, 1986 prescribing the procedure for effecting imports under this scheme.

2.2 The Project Import Scheme seeks to achieve the objective of simplifying the assessment in

respect of import of capital goods and related items required for setting up of a project by

classifying all goods under heading 9801 of the Customs Tariff Act, 1975 and prescribing a uniform

Customs duty rate for them even though other headings may cover these goods more specifically.

2.3 The different projects to which heading 9801 applies are; irrigation project, power project, mining

project, oil/mineral exploration projects, etc. Such an assessment is also available for an industrial

plants used in the process of manufacture of a commodity. The Central Government can also

notify projects in public interest keeping in view the economic development of the country to which

this facility will apply. Thus, a number of notifications have been issued notifying a large number

of projects for assessment under Tariff Heading 9801. However, this benefit is not available to

hotels, hospitals, photographic studios, photographic film processing laboratories, photocopying

studios, laundries, garages and workshops. This benefit is also not available to a single or

composite machine.

2.4 Goods that can be imported under Project Import Scheme are machinery, prime movers,

instruments, apparatus, appliances, control gear, transmission equipment, auxiliary equipment,

equipment required for research and development purposes, equipment for testing and quality

control, components, raw materials for the manufacture of these items, etc. In addition, spare

parts, consumables up to 10% of the assessable value of goods can also be imported under

Project Import.

2.5 The purposes for which such goods can be imported under the Project Import Scheme are for

“initial setting up” or for “substantial expansion” of a unit of the project. The “unit” is any selfcontained portion of the project having an independent function in the project. A project would fall

under the category of “substantial expansion” if the installed capacity of the unit is increased by

not less than 25%, as per the Project Import Regulations, 1986.

2.6 The scope of the items eligible for import under the Project Import Regulations 1986, shall cover

construction equipment as auxiliary equipment; if essentially required for initial setting up or

substantial expansion of registered projects. The construction equipment may be permitted to be

transferred to other registered project under CTH 9801, after completion of its intended use, on

recommendations of sponsoring authority. The “Plant Site Verification Certificate” required to be

submitted for finalization of project as per Circular No. 14/2006-Cus., dated 17-4-2006 shall

incorporate the details of construction equipment imported and used for the project, to ensure

proper utilization of goods imported.

[Refer Circular No. 49/2011-Cus. dated 4-11-2011]

3. Registration of contracts:

3.1 In terms of Regulation 4 of the Project Import Regulations, 1986 (PIR), the basic requirement for

availing the benefit of assessment under Tariff Heading No. 98.01 is that the importer should have

entered into one or more contracts with the suppliers of the goods for setting up a project. Such

contracts should be registered, prior to clearance, in the Custom House through which the goods

are expected to be imported. The importer shall apply for such registration in writing to the proper

officer of Customs.

3.2 Regulation 5 provides in the manner of registering contracts, which is as follows:

(i) Before any order is made by the proper officer of Customs permitting the clearance of the

goods for home consumption;

(ii) In the case of goods cleared for home consumption without payment of duty subject to reexport in respect of fairs, exhibitions, demonstrations, seminars, congresses and

conferences, duly sponsored or approved by the Government of India or Trade fair Authority

of India, as the case may be, before the date of payment of duty.

3.3 To expedite registration, the importers are advised to submit the following documents along with

the application for registration:

(i) Original deed of contract together with true copy thereof.

(ii) Industrial License and letter of intent, SSI Certificate granted by the appropriate authority

with a copy thereof.

(iii) Original Import licence, if any, with a list of items showing the dimensions, specifications,

quantity, quality, value of each item duly attested by the Licensing Authority and a copy

thereof.

(iv) Recommendatory letter for duty concession from the concerned Sponsoring Authority,

showing the description, quantity, specification, quality, dimension of each item and

indicating whether the recommendatory letter is for initial set-up for substantial expansion,

giving the installed capacity and proposed addition thereto.

(v) Continuity Bond with cash security deposit equivalent to 2% of CIF value of contract sought

to be registered subject to the maximum of Rs. 50 lakhs and the balance amount by the

bank Guarantee backed by an undertaking to renew the same till finalization of the contract.

The said Continuity Bond should be made out for an amount equal to the CIF value of the

contract sought to be registered.

(vi) Write up, drawings, catalogues and literature of the items under import.

(vii) Process flow chart, plant layout, drawings showing the arrangement of imported machines

along with an attested copy of the Project Report submitted to the Sponsoring authorities,

Financial Institution, etc.

(viii) Two attested copies of foreign collaboration agreement, technical agreement, knowhow,

basic/detailed engineering agreement, equipment supply agreement, service agreement, or

any other agreement with foreign collaborators/suppliers/ persons including the details of

payment actually made or to be made.

 (ix) Such other particulars, as may be considered necessary by proper officer for the purpose

of assessment under Heading No. 9801.

3.4 In regard to the requirement of registration of the contract (or contracts) and production of the

“original deed of contract”, the Board noted that as per Section 10 of the Indian Contract Act, 1872

a valid contract contains certain essential elements viz. (a) it is entered into by free consent of

parties competent to contract; (b) there should be lawful consideration; (c) there should be a lawful

object; and (d) it is not expressly declared to be void under the statute. It is therefore decided that

a purchase order that contains all the essential ingredients of a valid contract must be treated as

one under the Indian Contract Act, 1872. Thus, such a purchase order can be accepted as a “deed

of contract” for the purpose of Regulation 5 of Project Import Regulations, 1986.

[Refer Circular No. 31/2013-Cus. dated 6-8-2013]

3.5 After satisfying that goods are eligible for project imports benefit and importer has submitted all

the required documents, the contract is registered by the Custom House and as a token of

registration the provisional duty bond is accepted by the Assistant/ Deputy Commissioner of

Customs, Project Import Group. The details of the contracts are entered in the register kept for the

purpose and a Project Contract Registration Number is assigned and communicated to the

importer. The importer is required to refer to this number in all subsequent correspondence.

4. Clearance of goods after registration:

4.1 Earlier, on every Bill of Entry filed for clearance of goods under the Project Import Scheme, the

importer/Customs Broker was required to indicate the Project Contract Registration Number

allotted to it. After noting, the Bill of Entry was sent to the Project import Group, which was required

to check the description, value and quantity of the goods imported vis-a-vis the description, value

and quantity registered. In case these particulars were found in order, the Bill of Entry was

assessed provisionally and handed over to the importer or his agent for payment of duty. The

Project Import Group kept a note of the description of the goods and their value in the Project

Contract Register and in the file maintained in the Group for each project.

4.2 Roll out of Project Import Module in ICES:

To overcome the difficulties faced due to manual processing, Project Imports module has been

developed in ICES. ICES Advisory 13/2019 dated 29.05.2019 has been issued in this regard

wherein processes relating to Project Import Module were explained. Project import module covers

the following processes:

(a) Registration of a Project and generation of a Project number.

(b) Bond Registration for Project Imports.

(c) Filing of provisional BEs with project number and bond details. Item wise debits in the

project/bond for every BE.

(d) Finalization of the Provisional BEs and re-crediting of the Bond

[Refer Circular No. 27/2019-Customs dated 03.09.2019]

5. Finalisation of contract:

5.1 Under Regulation 7 of the PIR, 1986 the importer is required to submit, within three months from

the date of clearance of the last consignment or within such extended time as the proper officer

may allow, the following documents for the purpose of finalization of the assessment:

 (i) A reconciliation statement i.e. a statement showing the description, quantity and value of

goods imported along with a certificate from a registered Chartered Engineer certifying the

installation of each of the imported items of machinery;

(ii) Copies of the Bills of Entry, invoices, and the final payment certificate is insisted upon only

in cases where the contract provides that the amount of the transaction will be finally settled

after completion of the supplies.

5.2 To ensure that the imported goods have actually been used for the projects for which these were

imported, plant site verification may be done in cases where value of the project contract exceeds

Rs.1 crore. In other cases, plant site verification is normally done selectively.

5.3 In the normal course, after submission of the reconciliation statement and other documents by the

importers, the provisional assessments are finalized within a period of three months where plant

site verification is not required and within six months where plant site verification is required. In

cases where a demand has been issued and confirmed on such finalization and importer has not

paid the duty demanded, steps are taken as per law to realise the amount.

6. Baggage:

6.1 All goods imported by a passenger or a member of crew in his baggage are classifiable under

Tariff Heading 9803 and levied to a single rate of duty. Such goods need not be classified

separately in the Tariff. However, Tariff Heading 9803 does not apply to motor vehicles, alcoholic

drinks, and goods imported through courier service. Such assessment will also not apply to goods

imported by a passenger or a member of the crew under an import license or a customs clearance

permit.

7. Postal imports for personal use:

7.1 All goods imported by Post or Air for personal use are classifiable under a single Tariff Heading

9804 and levied to duty accordingly. This heading has been sub-divided into two subheadings,

one applicable to drugs and medicines and the other, to the balance of items so imported. Such

goods will however be governed by the FTP as far their importability is concerned. Motor vehicles,

alcoholic drinks and goods imported through courier service can, however, not be classified under

this heading. Goods imported under an import license or a customs clearance permit will however

not be classified under this tariff heading.


Discussion Forum

You can also share your thoughts about this article.
Any one can answer on question posted by Readers