Amendment in Public Notice No. 16/2019 dated 06.12.2019 regarding procedure to be followed after amendment of Policy condition No. 2 (iii) to Chapter 95 of ITC (HS), 2017- Schedule — 1 (Import Policy) - Customs - PUBLIC NOTICE No. 09/2020

OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS (IMPORT) Inland Container Depot, Tughalkabad NEW DELHI-110037 C. No. VIII/ICD/TKD/Tech/Imp/111/2018 Dated: 19.03.2020 PUBLIC NOTICE No. 09/2020 Subject: Amendment in Public Notice No. 16/2019 dated 06.12.2019 regarding procedure to be followed after amendment of Policy condition No. 2 (iii) to Chapter 95 of ITC (HS), 2017- Schedule - 1 (Import Policy) - reg. Attention of the Importers, Custom Brokers and all other stakeholders is invited to the Notification No. 33/2015-2020 dated 02.122019 issued by Director General of Foreign Trade Ex-Officio Addl. Secretary to the Govt. Of India, whereby Policy Condition No. 2 (iii) to the Chapter 95 of ITC (HS), 2017-Schedule -1 (Import Policy) has been revised as follows:- Sample will be randomly picked from each consignment and will be sent to NABL accredited Labs for testing and clearance may be given by Customs on the condition that the product cannot be sold in the market till successful testing of the sample. Futther, if the sample drawn fails to meet the required standards, the consignment will be sent back or will be destroyed at the cost of importer. 1.1 Further, attention is also invited to the consequent Public Notice No. 16/2019 dated 06.12.2019, issued by the undersigned, thereby prescribing the practice to be followed in this Commissionerate for clearance of the imported Toys in view of above notification. 2. Now, on critical analysis of the current practice in order to bring parity with the practice followed by other Customs Commissionerates, it has been decided with the approval of Competent authority, that following procedure will now be followed in this Commissionerate in respect of clearance of the imported Toys . 2.1 At the time of filing of Bill of Entry for clearance of Toys, the Importer/ Customs Broker, is required to submit proper Invoice Packing list, thereby having details of each categories of toys, to the extent possible. 2.2 Samples will be randomly drawn (in duplicate if so desired) for each type of toy from each consignment by the Shed Officers and will be sent for prescribed testing to one of the NABL accredited labs, as nominated for this purpose in Para 3 below. 2.3 The Importers willing to clear the goods before completion of testing shall be required to submit, in the Import shed, a No Use Undertaking, as per Annexure-I, thereby stating that the goods will not be sold in the market till successful testing of the sample. Such No Use Undertaking shall be duly accepted by the Assistant / Deputy Commissioner of Customs, Import Shed. 2.4 A copy of the duly accepted No Use Undertaking shall invariably be uploaded on e-sanchit before Out of Charge of the goods. 2.5 After successful testing has been completed, the Superintendent (Admin), Import shed will cancel and return the No Use Undertaking taken at the time of drawing of samples and clearance of the goods under the supervision of DC (Import Shed). 2.6 The Superintendent (Admin), Import shed will maintain the record of Bills of Entry wise Test Memos, date of withdrawal of Samples, date of receipt of report and consequent cancellation of the No Use Undertaking given by the importer. 2.7 In case the sample fails to meet the required standard, the Importer/ customs broker would bring back the goods to the Import shed for further proceedings. Such goods will either be re-exported back or will be destroyed at the cost of the importer. 2.8 Importers willing to opt for live testing of the goods will not be required to give such No Use Undertaking. 3. The following labs, which are fully accredited under IS 9873 (P-1, P-2, P-3, P-4, P-7 and P-9) and IS 15644 for toy testing, are only to be used for the purpose of testing of the sample for compliance of DGFT Notification No. 33/2015-20 dated 02.12.2019:- (i) Eko Pro engineers Pvt. Ltd., Ghaziabad (ii) Geo- Chem Laboratory, Gurugram (iii) Alpha Test House, Bahadurgarh (iv) Sigma Test Research Centre, New Delhi. 3.1 The above-mentioned labs would ensure that the received representative samples are found with Customs seal intact and such samples should be tested within 15 days from the date of receipt of the sample and the test report should be forwarded at the earliest. A proper record of sample received from Customs and test reports submitted should also be maintained for future reference. 4. Difficulty, if any, may also be brought to the notice of the Deputy/Assistant Commissioner in charge of Group - VI, ICD-Import, TKD, New Delhi. 5. Action to be taken in terms of decisions taken in this Public Notice should be considered as Standing Order for the purpose of officers and staff. 6. This Issues With the approval of competent authority. Yours faithfully. (Hari Shankar) Additional Commissioner of Customs, ICD-Import, TKO, New Delhi.