Section 4:
Levy of duty where standard rate and preferential rate are specified.
(1) Where in respect of
any article a preferential rate of revenue duty is specified in the First Schedule, or is admissible by virtue
of a notification under Section 25 of the Customs Act, 1962 (52 of 1962), the duty to be levied and
collected shall be at the standard rate, unless the owner of the article claims at the time of importation that
it is chargeable with a preferential rate of duty, being 1[the produce or manufacture of such preferential
area] as is notified under sub-section (3) and the article is determined, in accordance with the rules made
under sub-section (2), to be such produce or manufacture.
(2) The Central Government may, by notification in the Official Gazette, make rules for determining
if any article is 2[the produce or manufacture of any preferential areas].
(3) For the purposes of this section and the First Schedule, 3[preferential area] means any country or
territory which the Central Government may, by notification in the Official Gazette, declare to be such area.
(4) Notwithstanding anything contained in sub-section (1), where the Central Government is satisfied
that, in the interests of trade including promotion of exports, it is necessary to take immediate action for
discontinuing the preferential rate, or increasing the preferential rate to a rate not exceeding the standard
rate, or decreasing the preferential rate, in respect of an article specified in the First Schedule, the Central
Government may, by notification in the Official Gazette, direct an amendment of the said Schedule to be
made so as to provide for such discontinuance of, or increase or decrease, as the case may be, in the
preferential rate.
(5) Every notification issued under sub-section (3) or sub-section (4) shall, as soon as may be after it
is issued, be laid before each House of Parliament.
Notes:
1. Subs. by Act 26 of 1978, s. 2, for "the produce or manufacture of the United Kingdom or of such other preferential area"
(w.e.f. 1-9-1978).
2. Subs. by s. 2, ibid ., for "the produce or manufacture of the United Kingdom or of any other preferential area"
(w.e.f. 1-9-1978).
3. Subs. by s. 2, ibid ., for "United Kingdom" means the United Kingdom of Great Britain and Northern Ireland and "other
preferential area" (w.e.f. 1-9-1978).