TMI BlogProcedure for drawal of Samples and TestingX X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 through these instructions. 2.2. The following ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ium, 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 the import restriction and cap value, artificial marbl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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. 5.0. SAMPLING PROCEDURE: In order to streamline the procedure for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Sample cell located at CFS Distripark Limited, Dronagiri and any other CFS identified for the purpose with the approval of Commissioner (Imports). It will be manned by Customs staff under the charge of Addl. Commissioner (Import Docks). All the samples for which the Customs labs in Mumbai are unable to conduct the specific test sought, shall be forwarded by the Central sample cell, to the laboratories indicated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /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 intranet/EDI. The sealed samples would be handled only by the customs staff and shall be transported/forwarded as per the procedure prescribed for the same. (iii). The details of all such Test Memos and samples should also be entered in the CFS Sample Test register to be maintained in every Container Freight Station in the following format. The concerned Appraiser/Superintendent/Examiner posted at the CFS under whose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded over under acknowledgement, by afternoon. The details of all the samples received by the Customs lab shall be entered in the Customs Lab Sample Register, as per the proforma below.Separate registers shall be maintained for import/export samples. The head of the laboratory shall ensure that the tests are conducted within 2 days, and result handed over to the officers of Central Sample Cell. Proforma of Register to be maintained at Customs Laboratory: SSr. B/E No./S.B.No. and date Name of Importer/Exporter Appg Groups ref No, date of Test Memo Date of drawl of sample Date of receipt of sample in DYCC Name of the laboratory to which sample suggested to be forwarded for testing, if not tested in house Date of receipt of Test Report Date of forwarding of Test Report and Remnant samples to Central sample cell Signature (ii). The samples to be tested by outside laboratories will be indicated by the Appraising Group in the test memo itself. On that basis the team deputed for collection of samples will deliver all such samples to the specified laboratories under proper acknowledgement. They will also collect the test reports from such laboratories in respect of the samples d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion can happen simultaneously to avoid double destuffing and restuffing of the Cargo. The Allied agencies may give their reports in a sealed cover addressed to the Supdt (Central sample cell) through the authorized representative of the importer/exporter. In cases where the allied agencies prefer sampling by Customs, they may give a general authorization in writing to the Commissioner (Imports) or Commissioner (Exports), as the case may be, who shall be authorizing the Central Sample Cell to collect and deliver the samples which shall be acknowledged by the agency concerned. The Commissioner (Imports)/(Exports) will also issue instructions for drawal of such samples by the Examining Officer and their subsequent disposal based on the acknowledgement from the agency concerned. The procedure presently followed for sampling and testing by Allied Agencies is described at Annexure- III. 6. DISPOSAL OF REMNANT AND DUPLICATE SAMPLES: Normally samples need be retained for only six months, however wherever provisional assessment is done, or the matter is under investigation by any investigation agency having bearing on the test report, the samples need be retained for longer period. In ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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