Refund of import duty

Dear Sir,

We are custom broker engaged in clearance of export / import goods.  One of our customer imported a machine earlier by paying duty.  Machine was under warranty and since it was manufacturing defect supplier agreed to replace the same with new machine.  We had exported the machine to supplier for replacement after taking necessary permission from customs for clearance without duty at the time of reimport.

Unfortunately consignee had to pay import duty again on the replacement machine, as customs stating that there is no provision for duty exemption on replacement machines, which is new.  

Can someone guide us how should we proceed to get refund of additional duty paid to customs for the new machine, which is actually a replacement.  Consignee took delivery under protest to avoid storage charges.  

I would be grateful if some one can help me with a solution. 

Replies (1)

Yes,the Customs is right there is no any such provision that you pay the Customs duty and replace the imported item without Customs duty. Any import which is new item is subject to Import duty.

You can have the duty paid on the first import which you have replced if your client whould have reexported the deffective machinery under the Duty Draw Back provision .If your client would have re-exported so they can claim duty draw back.

You may contact me on 9898003013 for detailed procedures.

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