Indian Fiscal Budget 1997-98: EXIM POLICY 1997-2002
5.1 Capital goods, raw materials, intermediates, components, consumables, spares, parts, accessories, instruments and other goods may be imported without any restriction except to the extent such imports are regulated by the Negative List of Imports or any other provision of this Policy or any other law for the time being in force.
Actual User Condition
5.2 Capital goods, raw materials, intermediates, components, consumables, spares, parts, accessories, instruments and other goods, which are importable without any restriction, may be imported by any person whether he is an Actual User or not. However, if such imports require a licence, the Actual User alone may import such goods unless the Actual User condition is specifically dispensed with by the licensing authority.
Second hand goods
5.3 All second hand goods, other than capital goods, may be imported in accordance with a Public Notice or a licence issued in this behalf.
Import of second hand capital goods
5.4 All second hand capital goods, having a minimum residual life of 5 years, may be imported by Actual Users, without a licence, subject to Actual User condition and in accordance with the procedure given in Handbook (Vol.1).
Import of gifts
5.5 Import of gifts, shall be allowed in accordance with the provision of Baggage Rules as amended from time to time. Import of gifts shall be permitted without a Custom Clearance Permit (CCP) where such goods are otherwise freely importable under this Policy. In other cases, a Customs Clearance Permit (CCP) shall be required and may be issued, on application, by the licensing authority, on merits.
Import of Passenger's Baggage.
5.6 Bonafide household goods and personal effects may be imported as part of a passenger's baggage. Samples of such items that are otherwise freely importable under this Policy may also be imported as part of a passenger's baggage without a licence. Exporters coming from abroad are also allowed to import drawings, patterns, labels, price tags, buttons, belts, required for execution of specific export orders placed on them, as part of their passenger's baggage without a licence.
Import on export basis
(a) New or second hand jigs, fixtures, dies (including contour roller dies), moulds (including moulds for die-casting), patterns, press tools and lasts, construction machinery and other equipments and containers meant for packing of goods for export, may be imported on export basis without a licence on execution of bond/bank guarantee to the satisfaction of the customs authorities.
(b) Such goods need not have a minimum residual life of five years.
Re-import of goods repaired abroad
5.8 Capital goods, aircraft including their components, spare parts and accessories, whether imported or indigenous, may be sent abroad for repairs, testing, quality improvement or upgradation of technology and re-imported without a licence subject to the satisfaction of the customs authorities that such re-imported goods are the same as the goods that were exported.
Import of machinery and equipment used in projects abroad.
5.9 After completion of the projects abroad, project contractors may import, without a licence, used construction equipment, machinery, related spares upto 15% of the CIF value of such machinery, tools and accessories on the basis of furnishing of evidence of purchase for and use in the overseas project. Used office equipment and vehicles may also be imported after completion of the projects abroad without a licence provided that they have been used for at least one year.
Sale on high seas
5.10 Sale of goods on high seas for importation into India may be made subject to this Policy or any other law for the time being in force.
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