GR Waiver Requirement in case of Return of Rejected Material

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Dear All,

Requesting you to give clarity on the below mentioned point:

1. We imported material from china, neither paid nor will pay, and want to re-export the same back to vendor. We'll not receive material as replacement - Is GR Waiver Required in this case before Re-exporting.

2. The same case in Export - Is GR Waiver required in this case?

3. Please share the documentary evidence if available at your end.

Replies (1)
Quick Summary
The discussion focuses on whether a GR Waiver is required when re-exporting rejected imported goods back to the overseas supplier without payment or replacement. It also examines the applicability of GR Waiver in export transactions and seeks supporting documentation and regulatory guidance.

Hi Kumar,

Let me clarify your queries about GR Waiver (Guarantee Waiver) in case of return/re-export of rejected imported material:


1. Imported Material (from China) — Return Without Payment / Replacement

  • Since you imported material but never paid customs duty (assuming goods were under some conditional import or import on consignment basis), and now want to re-export the same goods back to vendor,

  • GR Waiver is generally required before re-exporting to avoid payment of customs duty.

  • This is because customs requires an undertaking or waiver that you won’t claim refund of duty or that no duty is payable since goods are leaving India.

  • The GR Waiver ensures customs does not block the export due to pending duty payments or claims.


2. In Case of Export of Goods (Domestic Origin)

  • If you are exporting goods manufactured/purchased domestically (not imported), GR Waiver is not applicable.

  • GR Waiver is specifically related to imported goods where duty refunds or claims are involved.

  • For normal export of domestically procured goods, no such waiver is required.


3. Documentary Evidence / References

  • Customs Notification 50/2017-Customs and relevant provisions under the Customs Act, 1962 cover GR Waiver.

  • Typically, GR Waiver is submitted on letterhead with details of goods, reason for re-export, and a declaration that no claim for duty refund is pending.

  • You can also refer to your Customs Broker or Customs House Agent who can provide the exact format accepted by the Customs department.

  • DGFT guidelines may also mention GR Waiver requirements under Advance Authorization / EPCG schemes.


Summary:

Scenario GR Waiver Required?
Re-export of imported material Yes, GR Waiver required
Export of domestically procured goods No GR Waiver required

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