Circular No. ES/258/2021-22 02nd March, 2022
To: Members of the Council
Sub: Shipping Bill (Post export conversion in relation to instrument based scheme) Regulations, 2022
We would like to inform you that CBIC has notified the Shipping Bill Regulations, 2022 (Post export conversion in relation to instrument-based scheme) vide Customs Notification No.11/2022-Customs (N.T.) dated 22nd February 2022. This regulation lays down guidelines for the conversion of Shipping Bills or Bills of Export.
This regulation has been announced as a the trade facilitation measure to achieve the ‘Turant’ customs objective. These Regulations 2022 shall be effective from 22nd February 2022 and shall apply to Shipping Bills or Bills of Export filed on or after the date of publication of these regulations in the Official Gazette.
As you are aware, to obtain customs clearance, an exporter is required to prepare the shipping bill. On receipt of the shipping bill, the customs authority examines it and once everything is found in order, issues ‘Let Export Order’ on the shipping bill which is duly signed and sealed by the customs officers. There are different types of shipping bills and the same are differentiated based on the colour codes being assigned. One of the Shipping Bill is Post export conversion of Shipping Bill.
Post export conversion of Shipping Bill:
CBIC vide Customs Notification No.11/2022-Customs (N.T.) dated 22nd February 2022 makes the following Regulations termed as Post Export Conversion Shipping Bill Regulations 2022.
It is notified that -
"Conversion” means an amendment of the declaration made in the shipping bill or bill of export to any other one or more instrument-based scheme after the export goods have been exported.
"Instrument based scheme" means a scheme involving utilization of instrument referred to in explanation 1 to sub-section (1) of section 28AAA of the Custom Act.
Please note that -
Manner and time limit for applying for post export conversion of Shipping Bill in certain cases -
The application for conversion shall be filed in writing within a period of one year from the date of order for clearance of goods under sub-section (1) of section 51 or section 69 of the Act, as the case may be.
The conditions and restrictions for conversion of Shipping Bill are as follows -
(a) fulfilment of all conditions of the instrument based scheme to which conversion is being sought;
(b) the exporter has not availed benefit of the instrument based scheme from which conversion is being sought;
(c) no condition, specified in any regulation or notification, relating to presentation of shipping bill or bill of export in the Customs Automated System, has not been complied with;
(d) no contravention has been noticed or investigation initiated against the exporter under the Act or any other law, for the time being in force, in respect of such exports;
(e) the shipping bill or bill of export of which the conversion is sought is one that had been filed in relation to instrument based scheme.
Members may kindly make a note of the above and for more clarification you may kindly refer the above Notification.