Imported goods may have to be re-exported for various reasons like the imported goods are not found as per specifications or requirements of the order given.

Various machinery items imported for use in certain projects are re-exported after the completion of the project.

Various machinery items imported for exhibition purposes and re-exported after exhibition.

Re-export of Imported Goods (Drawback of Customs Duties) Rules, 1995.

Section 74 provides for grant of Drawback to the extent of 98% of the Customs duties paid at the time of import if the goods are re-exported by the importer subject to condition that the re-export is to be made within a maximum period of 02 years from the date of payment of import duty.

Section 74 provides for grant of Drawback to the extent of 98% of the Customs duties paid at the time of import if the goods are re-exported by the importer subject to condition that the re-export is to be made within a maximum period of 02 years from the date of payment of import duty.

In case the goods are used after import into India, the amount of drawback gets reduced as per pre-defined depreciation formula as notified by the government.

Time of claiming drawback on goods re-exported

In the case of re-export under section 74 Exporter must file a claim for drawback to customs within 03 months from the date of LEO.

Section 75 : Duty Drawback rebates Customs and Central Excise duties chargeable on any imported materials or excisable materials used in the manufacture of goods exported.

• Rule 3 All Industry Rate (AIR)
• Rule 6 Brand Rate of Drawback
• Rule 7 Special Brand Rate of Drawback
• Rule 8A Upper Limit of Drawback money or rate
• Rule 13 Manner and time for claiming drawback on goods exported other than by Post.
• Rule 15 Supplementary claim
• Rule 16 Repayment of erroneous or excess payment of drawback and interest.
• Rule 16A  Recovery of amount of Drawback where export proceeds not realised.

Key points of Section 76 of the Customs Act, 1962 RE 2017.

• No drawback shall be allowed if the market price of the goods is less than the amount of drawback due.
• Drawback is not permitted if the Central Government believes the goods are likely to be smuggled back into India.
• If CENVAT credit has been claimed on inputs and input services, no duty drawback is allowed. However, if the goods have suffered customs duty, a drawback is allowed to the extent of customs duties.
• No drawback is allowed if the exporter has availed the Duty Entitlement Pass Book (DEPB) or other export incentives.
• Drawback is not permitted if the sale proceeds are not received within the time allowed by the Reserve Bank of India.
• Exports to Nepal and Bhutan are not eligible for drawback if the proceeds are not received in hard currency.
• Certain goods like iron and steel, cement, and rice are not eligible for drawback.
• The drawback amount is restricted to 1/3rd of the market value if it exceeds this proportion.
• A minimum amount of Rs. 500 or 1% of the FOB value of export is required for determining the amount or rate of drawback.