Re: How to understand customs statement Hi guys, need some help with Customs !
I recently bought, on eBay, the internals of a Ducati ST2 transmission. The auctioned parts were A) the selector drum, B) selector forks, C) input & output shafts, & D) selector mechanism. The gearbox casing, bearings, & other parts that would make this a complete transmission were not part of the auction. I bought this item since it was quite cheap & also, I'd recently bought a CAD pogram & thought it would be a good way to start using the software by mocking up the ST2 transmission parts in it & create a desktop sculpture (of sorts).
Anyway, I've received a letter from Customs that the shipment has been held back because the item, a "used transmission", is restricted under paragraph 2.17 of the Foreign-Trade-Policy (supposed to be read with Vol. 1 of 'Handbook Of Procedures', 2009-2014). I'm to produce an import license or respond with why the parts aren't to be confisticated !
I looked this up & quoting verbatim from paragraph 2.17 of the Foreign-Trade-Policy:
"All second hand goods, except second hand capital goods, shall be restricted for imports and may be imported only in accordance with provisions of FTP, ITC (HS), HBP v1, Public Notice or an Authorisation issued in this regard. Import of second hand capital goods, including refurbished re-conditioned spares shall be allowed freely. However, second hand personal computers / laptops, photocopier machines, air-conditioners, diesel generating sets will only be allowed against a licence. Import of re-manufactured goods shall be allowed only against a licence".
The ITC-HS codes (Indian-Trade-Clarification/Harmonized-System) for the ST2 transmission parts appears to be:
A) 8483 - Transmission shafts (including camshafts and crankshafts) and cranks; bearings housings and plain
B) 84839000 - Toothed wheels, chain sprockets and other transmission elements presented separately
Now, both of these do not require a license to import.
Coming to the the "handbook" that's to be referred along with 2.17 of the FTP, the only section that deals with second-hand goods is Section-2.33, which states:
"Import of second hand capital goods including refurbished/reconditioned spares, except those of personal computers/laptops, shall be allowed freely, subject to conditions for [the] following categories: - Import of second hand computers including personal computers/laptops and refurbished/reconditioned spares thereof is restricted. - Import of refurbished/reconditioned spares of capital goods, other than those of personal computers/laptops will be allowed on production of a Chartered Engineer certificate that such spares have atleast 80% residual life of original spare".
I don't think the parts shipped can be termed as "Capital Goods" & the ITC-HS codes indicate that I do not need a license for their import. Could somebody with experience in these matters comment if I'm correct or not ? Has anybody else had to endure a similar experience with Customs (?) & what was the outcome ?
Last edited by im_srini : 3rd March 2011 at 18:43.
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