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FININ2MIN CUSTOMS

Customs Tariff Act, 1975 — provision-by-provision hub

Charging architecture, tariff Schedules, preference, emergency powers and trade remedies

22 statutory provisionsReviewed 2026-10-05Reviewed by CA Nikhil GuptaReviewed by CA Divyanshu Sengar

How the Act works

The Customs Act, 1962 creates the customs charging and assessment machinery; the Customs Tariff Act supplies the import/export Schedules, additional-import levies, preference machinery and specialised trade remedies. A correct answer therefore moves from product classification to statutory rate, effective rate, Section 3 levies and any trade-remedy measure rather than treating a single “customs duty rate” as the whole computation.

Two current-law transitions are particularly important. Section 6 protective duty was omitted in 2024 after winding up of the Tariff Commission, so current import-surge relief belongs in the live safeguard architecture of Section 8B. Section 8C, the former China-specific transitional safeguard, has also been omitted and is historical only. By contrast, Sections 9, 9A and 9C continue to anchor countervailing, anti-dumping and specialist appellate review.

The First Schedule is also a classification code. Its General Rules for Interpretation and Section/Chapter Notes have legal force and must be applied before commercial shortcuts. The January 2026 Supreme Court decision in Welkin Foods reinforces the sequential GRI method and the primacy of statutory guidance.

Provision map

ProvisionSubjectCurrent status
Section 1Short title, extent and commencementOperative
Section 2Duties specified in the Schedules to be leviedOperative
Section 3Levy of additional duty equal to excise duty, sales tax, local taxes and other chargesOperative
Section 3ASpecial additional duty — omitted provisionOmitted / historical
Section 4Levy of duty where standard rate and preferential rate are specifiedOperative
Section 5Levy of a lower rate of duty under a trade agreementOperative
Section 6Protective duties on Tariff Commission recommendationOmitted from 2024
Section 7Duration of protective duties and power to alter themOperative text / legacy application
Section 8Emergency power to increase or levy export dutiesOperative
Section 8AEmergency power to increase import dutiesOperative
Section 8BPower of Central Government to apply safeguard measuresOperative
Section 8CTransitional product-specific safeguard on China — omittedOmitted / historical
Section 9Countervailing duty on subsidized articlesOperative
Section 9AAnti-dumping duty on dumped articlesOperative
Section 9AARefund of anti-dumping duty in certain casesOperative
Section 9BNo levy under section 9 or 9A in certain casesOperative
Section 9CAppealOperative
Section 10Rules to be laid before ParliamentOperative
Section 11Power to alter duties under certain pre-commencement agreementsOperative / transitional
Section 11APower to amend First ScheduleOperative
Section 12Repeal and savingOperative saving / transitional
Section 13Consequential amendment of the Customs Act, 1962Spent / historical effect

Current operational sources

InstrumentAuthorityWhy it mattersSource
Customs Tariff Act, 1975India CodeAct and SchedulesOfficial/source route
CBIC Tax InformationCBICEffective-rate, exemption and non-tariff notificationsOfficial/source route
DGTR Compendium — 16 June 2026DGTRCurrent anti-dumping, CVD and safeguard rulesOfficial/source route
SETUDGTRElectronic filing for trade-remedy investigationsOfficial/source route
Finance (No. 2) Act, 2024GazetteOmission of Section 6Official/source route
Finance Act, 2026Gazette2026 First Schedule amendmentsOfficial/source route

Practical sequence

  1. Classify the goods under the First/Second Schedule using legal Notes and GRIs.
  2. Identify the statutory tariff rate and the material date.
  3. Apply current Section 25/exemption or FTA preference conditions, if available.
  4. Compute Section 3 additional levies using the statutory value base.
  5. Check trade-remedy notifications for the exact product, origin/exporter and period.
  6. Reconcile the result to the bill of entry/shipping bill and retain source extracts.