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Procedure for drawal of Samples and Testing

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..... ommittee consisting of representatives of the three Custom Houses viz. Jawaharlal Nehru Custom House (JNCH), New Custom House, Air Cargo Complex and representatives of three Customs laboratories at Mumbai (JCH, NCH, Sahar ACC) was set up to recommend the testing laboratories for various category of tests and procedure to be followed. The Committee consulted the Allied testing agencies, and various other testing laboratories for identifying alternative Government laboratories or Private NABL Accredited Laboratories situated in Mumbai, where the samples may be referred for testing. The details of facilities available for testing of various commodities in the Customs (DYCC) labs of JNCH/NCH, the alternative Governments laboratories or Private NABL Accredited Laboratories identified by the Committee are given in the Annexure-I. 2.1 Detailed instructions on drawal of samples for inspection, examination or test, reasons for drawing, testing of samples, procedure for drawing dispatch of samples by shed staff, writing and maintenance of Test Reports etc. are given in the Appraising Manual, and relevant parts are reproduced on the Intranet of JNCH. All the officers are advised to go th .....

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..... of lead, copper, zinc, chromium, nickel, selenium, barium, and antimony. In case of fuel oil, furnace oil, sludge oil, used oil, tests are conducted to know whether it is waste oil which is banned in terms of CBEC circulars 60/97 date 12.11.97,106/2000 date 22.12.2000, read with circular No 33/01 date 4.6.2001 which fixed the parameters for testing. In case of base oil/TOBS, as value differs for different grades, samples are tested for different grades. Further, several waste materials are to be tested for the purposes of Hazardous Waste Management Rules 2008. In case of coal, samples are tested to ascertain whether it is coking or non coking coal. In case of ethyl alcohol, it is tested to ascertain whether it is of potable grade or industrial grade and to ascertain the alcoholic strength by volume. In case of stearic acid, testing is needed to ascertain the classification whether under CTH 2915 or under 3823, as percentage of purity is the determinant factor. In case of chemicals and other bulk cargo in tankers, samples are drawn for confirming the description. As vitrified tiles from china attract antidumping duty, samples are tested to ascertain whether vitrified or not. Due to .....

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..... wn by Central Excise authority and test results of the same are available, these test results can be relied upon for purpose of exports under export promotion schemes viz., DEEC, DEPB, Drawback schemes etc, provided such test reports bring out the technical characteristics of the inputs as required to be ascertained under the said schemes. In such cases manufacturer exporters would be required to obtain a copy of the test result duly certified by the jurisdictional central excise supdt, and submit the same along with the factory examination report of the export consignment. The test results obtained from the Central Excise laboratories shall be valid for six months from the date of their issue, for the purpose of waiving of the drawal of the samples under the export promotion schemes. However , the Customs officer would have the right to draw the samples by surprise, go in for a detailed verification/testing etc., without assigning any reason whatsoever subject to the approval of the Asstt. Commissioner concerned. In case of Export promotion schemes, under each license book, the first import, export, and in between only for random verification, samples need be drawn for test. 5. .....

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..... r will review the Test Memo Register every fortnight and shall send the details of Test Memos to the Customs Lab for which Test reports have not been received within three days. Further, details of Test Memos for which reports are pending for over a week shall be submitted to Additional Commissioner in charge of the Group for taking up directly with the laboratory in charge. For outside laboratories, the monitoring shall be done by the Central Sample Cell. (vi). In case of export, the officer examining the goods , who has drawn the sample, shall maintain the record in the export Shed/CFS sample register as below at para 5.4. 5.2. Central Sample Cell: A Central Sample Cell (CSC) headed by a Supdt. is established with the responsibility to collect the samples, their storage, arranging for tests and feeding test reports on EDI and intranet. The CSC will be under the charge of AC/P(G) for logistics purposes and will be under the overall supervision and control of Additional Commissioner (Import Docks) for supervision and monitoring. 5.3. The sample collection, storage, collection of test reports, dissemination of the data of test reports etc is to be monitored by Central Sampl .....

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..... sentative samples sought, in duplicate, in the presence of the CHA/authorized representative of the importer/exporter. The minimum quantity of the sample required for the test is indicated at Annexure II. The officers are advised to draw the sample accordingly, and to refrain from excessive sampling. The sample covers/packages should bear all relevant details viz., the Bill of Entry/Shipping Bill number, Importer/Exporter name, description of the goods, CHA name, etc., along with the manufacturers trade label. Technical literature, if any found in the consignment should also be attached along with the test memo. Thereafter, the samples shall be sealed in the presence of authorized representative and signatures obtained of CHA/the authorized representative of importer/exporter on the covers/packages. The samples along with test memo should be sent to the Central Sampling Cell (CSC). (ii). The Test Memo forwarded by the Shed (docks) Assessing Officer will also be endorsed with the details of the seal number with which the samples were sealed. On receipt of the sample with test memo, the officer in charge of examination shall feed the details in the test module available on the int .....

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..... Name of Importer/Exporter Appg Groups ref No,date of Test Memo Name of CFS Date of drawl of sample Date of receipt of sample in Central Sample Cell Name of the laboratory to which sample forwarded for testing Date of receipt of Test Report Date of forwarding of Test Report to Group Location of duplicate sample/remnant sample Disposal details of remnant/duplicate sample signature 1 2 3 4 5 6 7 8 9 10 11 12 (iv). The sample register will be computerized in due course with search and related facilities. The EDI Section shall develop a suitable software for this purpose and install it within six months. 5.6 Procedure for testing of samples at Customs Labs, Outside Labs: (i). The samples which are to be tested by the Customs lab, shall be handed over under acknowledgement, by afternoon. The details of all the samples receive .....

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..... test reports into the test module. Once the EDI sample test module, is fully in place, the aim is to do away with physical dispatch of test reports from one section to other, and to keep them as centralized records only in Central sample cell. This system can be introduced after review of the procedure, at a later stage. (iv). The Supdt , Central sample cell, shall review the samples sent for test and reports received, and reconcile the statement every fortnight, and submit a monthly reconciliation statement, pointing the delays if any, to the Addl. Commnr (Import Docks), by 5th working day of each month. The Addl. Commissioner (Import Docks) will take up pending cases with the laboratories concerned for updating the test reports. He shall also submit a monthly report to Commissioner (Imports) or Commissioner (Exports) as the case may be with regard to samples pertaining to their charge by 10th of the following month. (v). All the test samples which are mandatorily to be tested by Allied agencies viz, Asst Drug controller, Plant Quarantine Authority, Public Health Authority, Wild Life Authority, etc. shall be handled by themselves as per their stipulated procedure. However t .....

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