Query on itc hs code of product

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This query is : Resolved

VIMAL M PITROLA (Querist)

21 July 2013 Dear Sir,

Greetings from Vimal-GUJARAT

How are you? Hope well.

I have query on ITC HS code of Product.

We are about to finalized the Export order of PVC Artificial Leather from Sri Lanka.

We are registered with Central Excise Unit under Chapter 5903 as a Coated Fabrics.

Buyer is asking to write HS CODE of PVC Artificial Leather: 392112 as there is High Import Duty on Product under Chapter 5903 and low duty on Chapter 3921.

If we change our Chapter for 5903 to 3921 then it is going to affect our domestic market bcoz Central Excise Duty on Chapter 5903 is 10 % where as on 3921 is 12 % on domestic Sale. However this duty is not making any difference in Export as there is no Excise duty on Export but it is going to affect on Domestic Sale as it will increase 2% Duty if we use HS Code 3921.

DBK % under HS CODe 590303 is 4.4 % where as under 3921

Now my queries are;

01. Can we use HS Code: 392112 while export the PVC Artificial Leather, in case of direct export?

02. Can we shall to merchant Exporter under CT-1 and H From under Chapter 5903 and Exporter use HS CODE 3921? Is it Permissible? Shall we mention 3921 as a Product HS Code in case of merchant Export?

Waiting for your kind guidance.

Thanks & Regards,

VIMAL