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Temporary
Importation Schemes |
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In the earlier Chapters 7, 8 and 9, the Manufacturing in Bond Rules, No
Duty - No Drawback Rules and Common Bonded Warehouse Rules have been discussed.
All these three sets of Rules provide for duty-free import of raw materials
for export production in customs manufacturing bonds or otherwise. There
are some other Temporary Importation Schemes that allow duty-free import
of specified raw materials and packing materials for specified export
industries, with or without a manufacturing bond. These are discussed
in this Chapter.
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Temporary Importation Scheme
(SRO-818/89)
This scheme provides for duty-free import of materials, components and sub-components
for processing, assembling, manufacturing, repair or rebuilding, for embellishing
and decorating goods produced in Pakistan, packing materials (excluding,
straw, paper, paper cones, glass, wool and like material) and price labels/tags.
The export industries/manufacturing operations covered are machinery, electricals
and electronics, packing, leather goods (from components), sports goods
(from components), garments (from fabrics), garment accessories, bicycle,
dolls, toys and games, vacuum flasks, furniture, wood ware and fittings,
general processes like repairs, cleaning, drying, coating, printing etc.
For full details see SRO-818/89 dated 9.8.89(App:9.1). The exemption from
payment of Customs duty and Sales Tax is available only when imports are
made temporarily for exportation and is subject to the following conditions:
- Application for exemption is made to the Customs giving full particulars
of the goods and the purpose of import.
- A Bank Guarantee, or an Indemnity Bond alongwith post-dated cheque,
equal to the amount of Customs duty and Sales Tax is furnished to
the Customs, binding the importer to re-export the finished goods
within a period of one year, extendable for a further period of six
months, in deserving cases, at the discretion of Customs and subject
to such conditions as may be deemed fit. Failure to export within
the stipulated period attracts enforcement of the Bank Guarantee or
Indemnity Bond / post-dated cheque.
- The imported goods should be capable of identification at the time
of re-export.
- Packing material may be imported empty and exported filled.
- On importation, the importer has to declare on the Bill of Entry
that the goods are imported for the purpose of SRO-818/89. At the
time of re-export, the exporter has to declare on the Bill of Export
that the materials were imported for the purpose of SRO-818/89 and
to give particulars of import documents. Under Customs General Order
(CGO) No: 5/1991 dt: 3.6.91, the import is to be released within 24
hours.
- After re-export, evidence of re-export within the stipulated period
has to be given to the Customs upon which the Bank Guarantee / Indemnity
Bond is discharged, within 7 days of export under CGO-5/91.
- Transfer of ownership of temporarily imported goods may be allowed
by Customs, at their discretion, subject to transfer of Bank Guarantee
/ Indemnity Bond, but only in cases where the imported goods have
undergone the manufacturing process to reach an intermediary product
stage.
- If temporarily imported goods are used in addition to duty-paid
materials, and duty drawback is admissible on the export of finished
products, the FOB value of export is reduced by the value of the duty-free
imported goods, for the purpose of calculation of duty drawback amount.
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Import of accessories for textile/leather garments,
and leather goods (SRO-954/98)
Under SRO-954(I)/98 dated 7.9.98(App:9.2), imports of accessories, specified
in Schedule I to SRO-954/98 are allowed free of Customs duty and Sales
Tax, for export of garments including leather garments, flat goods, ladies
hand bags and soft luggage items, subject to the following conditions:
- Customs duty/Sales Tax exemption under SRO-954/98, is available
only to the extent of 5% of the FOB value of exports, to be declared
by the exporter on each Shipping Bill, giving particulars of import
documents and the total FOB value of re-exported goods so far.
- Application for exemption is made to the Customs giving full particulars
of the goods and the purpose of import. Only one point of entry for
such imports is available as per the declaration of the importer.
- An Indemnity Bond alongwith post dated cheque, equal to the amount
of Customs duty and Sales Tax is furnished to the Customs, binding
the importer to re-export the finished goods within a period of one
and a half year. Failure to export within the stipulated period attracts
enforcement of the Indemnity Bond / post-dated cheque.
- On importation, the importer has to declare on the Bill of Entry
that the goods are imported for the purpose of SRO-954/98. At the
time of re-export, the exporter has to declare on the Bill of Export
that the materials were imported for the purpose of SRO-954/98 and
gives particulars of import documents.
- After re-export, evidence of re-export within the stipulated period
has to be given to the Customs upon which the Indemnity Bond is discharged.
- Transfer of ownership of temporarily imported goods may be allowed
by Customs, at their discretion, subject to transfer of Indemnity
Bond.
- If temporarily imported goods are used in addition to duty-paid
materials, and duty drawback is admissible on the export of finished
products, the FOB value of export is reduced by the value of the duty-free
imported goods, for the purpose of calculation of duty drawback amount.
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Some important variations between the Temporary Importation
Scheme under SRO-818/89 and the import of specified accessories under
SRO-954/98 need to be noted as under:
- SRO-954/98 provides exclusively for duty-free import of accessories,
only for textile and leather garments and leather goods, and not the
other export industries specified in SRO-818/89.
- Imports of accessories under SRO-954/98 are limited to 5% of the
FOB value of the finished goods exported. There is no such limit under
SRO-818/89.
- SRO-954/98 provides only for Indemnity Bond/post dated cheque, instead
of the option of Bank Guarantee / Indemnity Bond under SRO-818/89.
- SRO-954/98 allows a period of one and a half year for re-export
as distinguished from SRO-818/89 which allows the period of one year
extendable by six months on merits of each case.
- The condition of the imported goods being identifiable at the time
of re-export provided in SRO-818/89 is not applicable under SRO-954/98,
but all the importable accessories are actually identifiable at the
time of re-export.
- Other conditions and procedures, including the admissibility of
duty drawbacks on export of finished goods, are nearly the same under
both SRO-818/89 and SRO-954/98.
- Duty-free imports under both SRO-818/89 and SRO-954/98 can be made
with or without having a Customs Manufacturing Bond.
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Duty-free import of certain garment accessories by
members of Garment Associations (SRO-224/94)
Certain materials required for production of textile garments, not covered
in SRO-954/98, nor under SRO-818/89, are importable without payment of
Customs duty under SRO-224(I)/94 dated 5.3.94 9(App:9.3). This SRO particularly
covers the import of lining and furlinning materials, among other items.
Under this SRO, the importer has to be a member of one of the five Garment
associations, the following
- Pakistan Cotton Fashion Apparel Manufacturers and Exporters Association.
- Pakistan Readymade Garments Manufacturers and Exporters Association.
- Pakistan Hosiery Manufacturers Associatin.
- Pakistan Knitwear and Sweaters Exporters Association.
- Pakistan Art Silk Fabrics and Garments Exporters Association.
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The materials importable under SRO-224/94 are listed
in Table I of SRO-224/94(App:9.3), and can be imported subject to the
following conditions
- The manufacturer-cum-exporter has to attach with each Bill of Entry
a certificate by the concerned Association to the effect that he is
registered as exporter and makes a declaration on the Bill of Entry
giving full particulars of the imported goods and their use.
- An Indemnity Bond is to be provided covering the leviable Customs
duties alongwith a certificate by the President or the Secretary of
the concerned Association to the effect that if he fails to re-export
the finished goods, within one year, the Association itself will be
responsible for payment of the duty involved.
- If the importer is not in a position to provide Indemnity Bond,
a Bank Guarantee or a post-dated cheque, certified by the concerned
bank, is to be furnished to the extent of duties involved.
- If the importer intends to make regular imports under SRO-224/94,
he may furnish a standing Bank Guarantee for imports to be effected
during the whole financial year, instead of Indemnity Bond in individual
cases of imports.
- The importer has to intimate to the Customs Station from which the
goods were imported, full particulars of exports, separately accounting
for the goods not exported, with copies of relevant Shipping Bills
and Bills of Lading.
- The Customs Station concerned maintains an import-wise account in
the prescribed register.
- At the time of export, the manufacturer-cum-exporter declares on
each Bill of Export, the quantity of goods imported and their particulars.
- Wastage is allowed upto 3% of the quantity imported.
- Indemnity Bond is discharged on providing full account of the quantities
imported, within the stipulated period.
- The importer-cum-manufacturer is not entitled for duty drawbacks
on exports of the finished goods.
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Duty reduction on imports of materials for export
of leather made-ups (SRO-1332/90)
A number of raw materials, accessories and components are importable
free of duties, for the purpose of export production, into Customs Manufacturing
Bonds or under No Duty - No Drawback Rules or under Temporary Importation
Schemes (SRO-818/89 and SRO-954/98). For certain items required in export
production of leather made-ups and footwear that are not covered under
the aforementioned modalities, and to facilitate those manufacturer-cum-exporters
who do not operate Customs Manufacturing Bonds, SRO-1332(I)/90 dated
26.12.90 (App:9.4) allows import of accessories and parts of footwear,
at a reduced Customs duty of 10%. The items covered are listed in the
Table to SRO-1332/90 (App:9.4) and can be imported subject to the following
conditions:-
- The manufacturer-cum-exporter has to declare on the Bill of Entry
that he is an exporter of leather made-ups and to give full particulars
of the imported goods and their use.
- The benefit of duty reduction is also available for goods consigned
by an overseas person without cover of Letter of Credit.
- An Indemnity Bond is to be furnished by the manufacturer-cum-exporter,
to the effect that if he fails to re-export the goods within one year,
or a further period not exceeding six months as may be allowed by
the Customs, the Indemnity Bond will be enforced. As an alternative
to Indemnity Bond, a Bank Guarantee for the duties involved can also
be provided.
- The manufacturer-cum-exporter has to keep an account of the goods
imported, received, consumed and exported.
- The Customs Station from where the goods are imported, have to be
informed about the export of finished products within the stipulated
period.
- At the time of export, on each Bill of Export, the quantity of goods
imported and used in the leather made-ups being exported, has to be
declared.
- Wastage of imported goods is allowed upto 3% of the quantity imported.
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Duty-free Raw Materials for Leather
Goods
SRO-1319(I)/96 dt 24.11.96 (App:9.5) allows duty-free clearance of
the following raw materials, into manufacturing bonds, for manufacture
of leather goods wholly for export:
- Raw and pickled hides and skins(ii)Wet blue hides and skins
- Finished leather; and
- Accessories, components and trimmings for leather manufacturers.
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