Re-Export of air gun to dubai

[AAR]

I have .22 cal Diana air rifle stuck in customs and the only options being given to me are confiscation and re-export, I am hoping to re-export it so that its not a complete write off. As I picked up the gun in Dubai that's where I have to take it back to. Does anyone know if this is a viable option and what formalities and procedures I can expect on landing in Dubai.

Thanks
AAR

[vmanicks]

Which Airport has detained your shippment?

I guess that is going to be a difficult task to send the consignment back.

It must involve several sign off from the customs authority.

Regards,
Manicks

[AAR]

Its been detained at the Hyderabad airport. The customs guys tell me sending it from here will be quite easy, what I am concerned about is the customs in Dubai.

[nagarifle]

if you got any proof of purchases in Dubai that might help with explanation or any proof of customs papers etc to show that the Indian customs will not allow it through so they sent it back. however there should be duty payable in Hyderabad of 35% for import of .22 air rifle? is so then they should allow.

have you tried to speak with the commissioner of customs?

[marksman]

There seems to be some misinterpretation of the policy by the customs or maybe it's me who's wrong. IMO,Only .177 bore Air rifles are allowed duty free as they are considered target weapons. There is no ban on Airguns as such and can be imported after obtaining the required police clearance and paying the custom duty.
Marksman

[tirths]

That's the only was as Naga said. I checked with the procedures during my case.
By the way, what made you convinced to bring .22 while you know it cannot be (or may be) allowed?

[highland sniper]

I am facing a similar situation with delhi customs, My .22 Airgun has been detained. I have in the past seen posts here by senior members suggesting that .22 airgun is importable as checked-in baggage subject to duty paid etc. Can some one help with relevant notifications for this situation?

Urgent help requested please. Please also advice what are the options available in case it can not be released.

Best,

[AAR]

Nagarifle, I have the original invoice, however I am not too sure if that is all that is required to clear customs in Dubai. As for the 35% duty part, I too was under the impression that all that was required was to pay duty and have the police verify that it is indeed an air gun. However the customs officials are adamant that a .22 air rifle is a 'restricted' item and it needs an import permit from the Ministry of youth affairs and the issue of duty will only arise after obtaining the permit.

Marksman,I had concurrent views with you regarding the import of air guns. However the opinions held by the customs officials in Hyderabad are quite different .These are some of the things that I was told:
- .177 cal air guns are allowed duty free only through cargo, if brought in through personal baggage they say claim the right to impose 35% duty on them.
- They say that all other calibers other than .177 are completely restricted and the process to bring them into the country is similar to the import of a firearm.
- Also they mentioned that the import of pellets is not allowed, even .177 cal pellets to members of the rifle associations in their view is technically banned. They then showed me some document that listed import policy which listed air gun pellets in the same category as torpedoes and bombs

-- Wed Oct 28, 2009 1:17 am --

By the way, what made you convinced to bring .22 while you know it cannot be (or may be) allowed?

I was under the impression that the only difference between importing a .177 and a .22 was that duty would have to be paid for the .22. If I had any inkling as to the amount of running around that it would entail(all to no avail mind you) I would have gladly coughed up the ridiculous prices being quoted by the dealers for similar item.

[nagarifle]

well looks like you have to go through the import threads and get all the gems if you hav't already done so.

i came in to Delhi with .22, the customs chaps asked few questions like how much what cal. showed them my receipt and club card. He went to the bosses office came out again and asked few more question and went back. after twenty minutes told me to pack up and go. that's that.

get hold of the leates baggage rules book. go and try to speak with the DC customs.

no where have i came across .22 air guns being banned for import. just remember these guys have all the notifications and may not know what is what. if i find any thing will let you know.

[nagarifle]

right here is a little light on arms act.

cetral government notification

G.S.R. 991 , dated 13.7.1962

Arms and Ammo Excluded from the Arms ACt. (air guns which pass the ideal wood test only)

see schedule II (col 3) Air guns,air rifles and air pistols which satisfy the following test (ideal test)

so under the arms act it ALL that pass the test is excluded from the Arms Act.

this i think you already know.

and (12 )b pellets for air guns are also excluded from the arms Act.

so they do not come under the arms act. however customs law still needs to be checked out.
hope this is of some help.

-- Wed Oct 28, 2009 17:51 --

oh yes,

have you checked out the Dubai customs to see what is need?

[highland sniper]

Let me start by saying that Nagarifle has been extremely lucky.....

I had a grueling day again at the Delhi Airport today. After meeting warehouse suprintendent, Astt Commissioner and then right upto to Adll commissioner customs, here's what I have been told:

- .177 as well as .22 are restricted if imported via baggage route. All exemptions are applicable only for import through cargo route.
- for those with club membership cards, 100% duty is to be paid.
- Clearance from DGFT has now been made mandatory.
- till this whole paperwork is completed, the airgun will remain with the warehouse and I'll have to bear the warehouse cost of 300Rs/ day

100% customs duty, warehouse rent of 4500 (assuming it'll take a minimum of 15 days to get all paperwork in order) seems to be more than what I'm willing to afford. I've regretfully decided to allow the customs to confiscate my airgun. I'll perhaps satisfy myself with an IHP for now and try to import something better through courier later.

Its quite ironical that I can buy a .22 airgun in India and (perhaps) kill pegions but can't import a better gun and try to practice shooting as a sport.

[AAR]

Nagarifle, the objection the customs officials are raising is not the legal status of the air gun according to the arms act. They say that though a .22 cal air rifle might be legal to own in India, importing one is not allowed as it is classified as a restricted item(but not banned, to be banned the item has to be classified as 'prohibited'). Also out of curiosity how long ago did you bring in your .22.

[nagarifle]

early this year.

if they say that '.177 as well as .22 are restricted if imported via baggage route. All exemptions are applicable only for import through cargo route.
- for those with club membership cards, 100% duty is to be paid.'

has anyone bothered to ask them to show the notification to that? guys what i am learning of Indian mentality is that the donkeys without brain tend to rule. And the kings have to grovel to the donkey

it is your right to ask the customs to verify what they say. if they refuse to show the same then file a complent .

please checkout the customs web site for any related info. try looking for the 98.03 custom duty file on the net.

if you going to lose then go fighting

-- Thu Oct 29, 2009 6:30 --

http://www.eximkey.com/dgft2004/hs/Cust ... licyRK.asp
http://www.eximkey.com/dgft2004/hs/Cust ... t=93040000

[highland sniper]

I agree nagarifle, the issue here is that like most other government rules, every thing is subject to interpretation by the dealing officer. What I shared in my earlier post is the interpretation of entire customs officialdom at Delhi airport, Seniormost being the Addl Commssioner. I can get my airgun released provided I have (1) club membership, (2) Import clearance from DGFT and once I have arranged these 100% import duty.

All the notifications I have come across so far are silent about .22 airguns. In case there is something that can be used as argument, kindly share so I can file an official complaint.

[quote][/quote]

Couldn't agree more.

[nagarifle]

remember the burden of proof is with the customs officers, so ask to see the ruling etc.

i have not came across anywhere, where it say that airguns are to be brought in as cargo.

what difference does it make if it is in personal baggage or otherwise, if its lieable for duty it is liable. have not read anywhere that says different rules of bringing in items attracts different duty etc.

it is the case of how has the upper hand. always ask to show you where it say so. (they wont)

what is cargo?

i have read that air guns are to be treated at arms, this was in the baggage rules. what it appears is that Arms Act does not classify airguns as firearms, but other agency ie customs do. so it is a case of right had gives you right to live and the left hand takes away that right. inconstancy.

if i have anything i will let you know

-- Thu Oct 29, 2009 15:12 --

or just put a RTI to the customs to give clarification and any notices.

-- Thu Oct 29, 2009 15:42 --

http://www.nrai.in/not2.pdf
what 100% duty to club members?

again this deals with .177 club members.

so where are the notification given by the customs. ask them that.