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Sub: Detailed Guidelines for Re-Testing of Samples- reg. - Customs - 107 /2017Extract OFFICE OF THE CHIEF COMMISSIONER OF CUSTOMS MUMBAI ZONE-I, 2nd FLOOR, NEW CUSTOM HOUSE, BALLARD ESTATE, MUMBAI-400 001 Phone No. 022-22620091 /Fax No. 022-22610027 F. No. S/26-MISC-32/2016-17 A (G) Date: 25.07.2017 PUBLIC NOTICE No. 107 /2017 Sub: Detailed Guidelines for Re-Testing of Samples- reg. Attention of the Importers, Exporters, Trade Associations, Port Terminal Operator, Shipping Lines/Shipping Agents, CFSs coming under the jurisdiction of New Custom House, Mumbai, Officers of Custom House and all other stakeholders is invited on subject. 2) The New Custom House, Mumbai has taken measures according to provisions laid down in Circular No. 30/2017-Cus dated 18.07.2017 issued vide F. No. 450/15/2017-Cus IV CBEC for granting opportunity for a second test, where test report of sample taken upon arrival of goods declared for importation shows an adverse finding. In order to have uniformity in approach among the field formations with regard to re-testing of samples, the following procedure is prescribed: a. Officers of the New Custom House may draw the samples from import consignments for testing in case of consignments wherever needed. The results of all test reports, adverse or otherwise, shall be communicated to the importer or his authorized representative/Customs Broker immediately on its receipt. b. In case the importer or his agent intends to request the Additional/Joint Commissioner of Customs, NCH for a re-rest, then the same shall be made in writing to the said officer within a period of ten days from the receipt of the communication of the test results of the first test. Officers of the NCH may take a reasoned view in case the importer or his authorized representative Customs Broker is unable to do so for reasons beyond his control. c. Where the Additional/Joint Commissioner of Customs, NCH grants an opportunity for a second test, he must clearly indicate in writing the name and address of the laboratory/Institution where the second test can be carried out. Such referral for re-testing may be made only after being reasonably sure that the desired re-testing facilities exist at the laboratory/ institution. d. Re-test should be made only on the remnants of the samples originally tested or on duplicate representative sealed samples in the custody of Customs. Further, to avoid delays, samples for second tests shall be marked as immediate before sending to the laboratory. In a case it may so happen that fresh samples have to be drawn, then such sampling should be done in the presence of the importer or his representative/customs broker. e. The requests for re-test of samples on the ground that the original sample was not representative should be entertained only if the consignment is still in customs control. At the time of drawing the samples, the importer or his representative shall be present and certify that the samples drawn are representative. f. The Competent Authority shall consider the results of the re-test without prejudice to the results of the first test. In case there is a variation in the results of the first test and the re-test, the Competent Authority shall take the decision relying upon either of the tests specifying the grounds in writing for the decision so taken. In case the Competent Authority is unable to decide whether to rely upon the first or the re-test results, then it may order a second re-test provided the consignment is still within the customs control. However, this option should not be resorted to in every case of variation between the first test and re-test results. g. The facility of re-testing would generally not be denied in the ordinary course. However, there might arise circumstances where the customs officer is constrained to deny the re-testing facility. such denial would be occasional and on reasonable grounds to be recorded in writing. h. Where the re-testing procedure is done at the instance of the department instead of the importer, the above procedure shall be followed mutatis mutandis. 3) Difficulties, if any, may be brought to the notice of this office. Sd/- (S. K. DAS) Pr. COMMISSIONER OF CUSTOMS(G) CUSTOMS HOUSE, MUMBAI OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS (GEN.) MUMBAI ZONE-I, 2nd FLOOR, NEW CUSTOMs HOUSE, BALLARD ESTATE, MUMBAI-400 001 Phone No. 022-22620091 /Fax No. 022-22610027 F.No: S/26-MISC-32/2016-17 A (G) Date: .08.2017 STANDING ORDER NO : 20/2017 Attention of all the officers and staff coming under the jurisdiction of New Custom House, Mumbai is invited towards the need to follow uniform standard procedure in case of import of cosmetic products being imported for retail sale. The cosmetic products packaged for retail sale are subjected to provisions contained in the Packaged Commodity Rules, 2011 as well as Drug and Cosmetics Act, 1940 and rules made there under. The cosmetic goods are required to bear the following information on the packages: (a) Name of the product (b) Quantity (c) Name and address of the importer (d) Name and address of the supplier (e) CDSCO Reg. Certificate No. (f) Batch No. (g) Manufacturing date (h) Expiry Date 2. At present the office of Assistant Drug Controller is giving No Objection Certificate for compliance of the conditions of the Drug and Cosmetics Act, 1940 at the premises of importers. This approval is being given on the strength of letter of guarantee submitted by the importer. Such letters of guarantee submitted by the importers are executed in the name of Commissioner of Customs. The requirement of information to be displayed under Drugs and Cosmetic Act are similar the Packaged Commodity Rules, 2011. Therefore, the requirement to display the statutory information cannot be left to be done at the premises of importer and that too without the knowledge of customs. 3. In order to ensure that the compliance of the Packaged Commodity Rules, 2011 as well as Drug and Cosmetics Act, 1940 in respect of the imports of cosmetic products packaged for retail sale the following procedure/ requirements are required to be strictly complied with: (i) Where the statutory information is displayed at the port of loading of goods, importers may continue to file Bill of Entry for Home Consumption (ii) Where the statutory information is deficient in any manner at the time of loading of goods at the port of export, the importers shall be directed to file Bill of Entry for Warehouse and after obtaining due permission will complete the labelling requirements. On completion of labelling requirements, the importers may clear the goods by way of filing Ex-Bond Bill of Entry. (iii) Where the importers have filed the Bill of Entry for Home Consumption and on examination it is noticed that the goods are deficient on statutory requirements, the same would be subject to adjudication proceedings as the goods will become liable for confiscation under Section 111(d) of the Customs Act, 1962. (iv) The Assistant/Deputy Commissioner of the Appraising Group or Dock shall not give permission to do the labelling of cosmetics in the docks premises in case of Bills of Entry filed for Home Consumption, without following due adjudication proceedings. 4. All concerned are requested to monitor and supervise the implementation of the prescribed procedure by formations under their charge. Difficulties, if any, in implementation of the prescribed procedure may be brought to notice of the undersigned. Sd/- (S. K. DAS) Pr. COMMISSIONER OF CUSTOMS(G) NEW CUSTOMS HOUSE, MUMBAI OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS (GEN.) MUMBAI ZONE-I, 2nd FLOOR, NEW CUSTOMS HOUSE, BALLARD ESTATE, MUMBAI-400 001 Phone No. 022-22620091 /Fax No. 022-22610027 F.No: S/26-MISC-32/2016-17 A (G) Date: .08.2017 STANDING ORDER NO : 21/2017 Attention of all the officers and staff coming under the jurisdiction of New Customs House, Mumbai is invited to present practice with regard to the assessment examination of import consignments of mobile parts and accessories . 2. It has been noticed that the certain importers of mobile parts and accessories , give only broad and generic description of the goods, instead of their complete details, specification, end-use (phone/model-wise), etc. 3. Further, during examination of the consignments of this commodity, it was also observed that several parts and accessories are in retail pre-packaged condition and thus falling under purview of General Note 5 packaged products of ITC (HS) read with DGFT Notification No. 44(RE-2000)/1997-2002 dated 24.11.2000 and the corresponding provisions of the Legal Metrology Act, 2009 and the Legal Metrology (packaged Commodities) Rules, 2011 which require the declaration of : a) Name and Address of the importer, b) Generic or common name of the commodity packed, c) Net quantity in terms of standard unit of weights and measures, d) Month and year of packing, e) Maximum retail sale price, 3.2 Therefore, for pre-packaged parts and accessories, the fulfilment of the aforesaid conditions is mandatory. The declaration of RSP would also help in its comparison with the declared transaction value of the goods. 3.3 Analysis of the import data indicates the possibility of misdeclaration (including incomplete declaration) and undervaluation of the said goods and the non-compliance of the standard labelling requirements. The value of Branded Mobile Accessories imported by Brand Holder are available in NIDB Data. 4. In view of the above, all the assessing officers during verification of self assessment and all Docks officers (for the RMS facilitated Bills of Entry) are directed to ensure that complete details/specifications viz, complete description, specification, size, phone brand/ model no., end use of the goods are appropriately declared in the Bills of Entry. The Docks officer, in respect of the goods to be examined, is directed to check the correctness of these parameters during examination. Sd/- (S. K. DAS) Pr. COMMISSIONER OF CUSTOMS(G) NEW CUSTOMS HOUSE, MUMBAI OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS (GEN.) MUMBAI ZONE-I, 2nd FLOOR, NEW CUSTOM HOUSE, BALLARD ESTATE, /MUMBAI-400 001 Phone No. 022-22620091 ॰ /Fax No. 022-22610027 F.No: S/26-MISC-32/2016-17 A (G) Date: .08.2017 STANDING ORDER NO : 19/2017 Attention of the officers and staff coming under the jurisdiction of New Customs House, Mumbai is invited towards Issuance of NOC from Group in case of Change of Ownership in time bound manner . 2. Representations have been received from various trade associations on the above mentioned subject. Trade associations are of the view that taking of NOC in case of Change of Ownership takes 2-3 days and requested to issue necessary guidelines so that the same can be resolved . 3. In this regard , It has been decided that NOC in case of Change of Ownership should be issued within 24 hours of receiving the application on a working day. 4. Difficulties, if any, may be brought to the notice of this office. Sd/- (S. K. DAS) Pr. COMMISSIONER OF CUSTOMS(G) NEW CUSTOMS HOUSE, MUMBAI
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