Testing of goods exported under DEEC / Drawback / Pass Book Schemes - Customs - 057/97

Circular No. 57/97-Cus. dated 31 /10/ 97 F.No. 605/161/ 97-DBK Government of India Ministry of India Department of Revenue, New Delhi Subject : Testing of goods exported under DEEC/Drawback/Pass Book Schemes During the meeting with Commerce Minister held on 23rd October, 1997 to discuss the problems of the exporters, it was pointed out that clearance of export goods under the Export Promotion Scheme, logging of DEEC Books and payment of Drawback were delayed on account of frequent drawl of samples and the inordinate time taken to issue Test Reports. It was explained that Mumbai Custom House has already streamlined the procedure for testing of goods and rationalise the need for drawl of samples. In this connection a copy of Mumbai Customs House Standing Order/ Public Notice is enclosed for guidance. The procedure contained in the enclosed Standing Order / Public Notice should be henceforth followed in all the Custom Houses as a measure of export facilitation. Sd /- (Sunil Kumar) Director (Drawback) P.N.No. 22/ 96 Appraising Group VII, IMP No. 168 New Custom House, EXP No. 126 Ballard Estate, Mumbai : 400038 Date : 1.2.96 Public Notice Subject: Testing of goods exported under DEEC and Pass Book Schemes- regarding. Attention of Importers/ Exporters / CHAs and all other concerned is invited to this Custom House Public Notice No. 18 19 both dated 31.1.95 and Public Notice No. 150 dated 20.9.95. In terms of the said Public Notices the logging of DEEC export book is allowed only after the required test results. Wherever applicable are available similarly. In cases of Pass Book Scheme the credit is allowed in the Pass Book only after the Test results have been obtained. A number of representations have been received from the trade stating that due to delay in obtaining the test results. A lot of money is blocked as the DEEC Books are not logged/ credit not allowed in the Pass Book which has a detrimental effect on the export effort. The matter has been examined. As a measure of export facilitation, it has been decided that following facilities shall be available to the manufacturer exporters in so far as testing of export samples under the DEEC/ Pass Book Scheme is concerned. 2. In the case of manufacturer exporters who have In house testing facilities, samples may not be drawn and the Inhouse Test results may be relied upon for the purpose of logging of DEEC export book as well as verification of credit under the Pass Book Scheme; provided the Inhouse testing facility of the manufacturer exporter has been recognised as follows; (a) The manufacturer exporter has been awarded GMP (Good Manufacturing Practices) certificate by the concerned Drug controller; or (b) The Inhouse testing facilities are approved by ISI/ CSIR? Ministry of Science and Technology or the nodal Ministry; or (c) The manufacturer exporter has been awarded ISO 9002 certification. In such cases, the exporter has been to enclose a copy of the Inhouse test certificate with the Shipping Bill. 3. Further, where the samples of the export product have earlier been drawn by the Central Excise authorities and test results of the same are available, these test results can be relied upon for the purpose of exports under the said Schemes provided the said test reports bring out the technical characteristics of the inputs as required to be ascertained under the Scheme (s). In such cases the 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 alongwith the factory examination report of the export consignment. The test results obtained from the Central Excise test laboratories shall be valid for six months from the date of their issue, for the purpose of waiving the drawal of samples under DEEC/ Pass Book Schemes. 4. The above facilities shall be allowed to only manufacturer exporters. However, Customs would have the right to draw samples by surprise, go in for a detailed verification/ testing etc., without assigning any reasons whatsoever. 5.This Public Notice comes into effect immediately. Sd /- dt. 31.1.96 (S.K. Bhardwaj) Commissioner of Customs- II, Mumbai. Issued from: F.No. S/ 16- MISC -885/ 98 Gr. 7 Attested by Sd/- dt. 1.2.96 (Sandeep Prakash) Asstt. Commissioner of Customs, Appraising Group VII, Bombay ______________________________________________________________________________________________________________ S.O.No.7181/96 Appraising Group VII New Customs House Ballard Estate Mumbai : 400038 Date : 1.2.96 Standing Order Subject : Testing of goods exported under DEEC and Pass Book Schemes- Regarding. Attention of all officers and Staff is invited to this Custom House Standing Order No. 7078 dt. 20.1.95 and Standing Order No. 7131 dt. 21.9.95 regarding procedure for export / import under DEEC, Pass Book Schemes respectively. Specific attention is invited to para 2.3.4. of the Standing Order No. 7080 and para 5 of the Standing Order No. 7131 which provide that in case the goods are required to be chemically tested, the sample of the first consignment shall be necessarily sent for test. The subsequent samples may be sent for test on the basis of one out 10 consignments to be drawn at random and with an element of surprise. It has been observed that the Custom House Laboratory is not adequately equipped to handle the present work load. Consequently, the test results are delayed which lead to delay in logging of DEEC Export Book and verifications from the Trade. As measure of export facilitation and with a view to reduce the work load on the Custom House Laboratory, following instruction are issued with immediate effect. 2. In the case of manufacturer exporter who have Inhouse testing facilities, samples may not be drawn and the Inhouse Test results, a copy of which is to be enclosed with the Shipping Bill, may be relied upon for the purpose of logging of DEEC export book as well as verification of credit under the Pass Book Scheme, provided the Inhouse testing facility of the manufacturer exporter has been recognised as follows; (a) The manufacturer exporter has been awarded GMP (Good Manufacturing Practices) certificate by the concerned Drug Controller; or (b) The Inhouse testing facilities are approved by ISI / CSIR/ Ministry of Science Technology or nodal Ministry; or (c) The manufacturer exporter has been awarded ISO 9002 certification. 3. Further, where the samples of the export product have earlier been drawn by the Central Excise authorities and test results of the same are available, these test results can be relied upon for the purpose of exports under the said Schemes provided the test reports clearly bring out the nature and technical charac-teristics of the inputs as required to be ascertained under the Scheme (s). In such cases the manufacturer exporters would be required to obtain a copy of the test result duly certified by the jurisdictional Central Excise Supdnt. and submit the same alongwith the factory examination report of the export consignment. The test results obtained from the Central Excise test laboratories shall be valid for six months from the date of their issue, for the purpose of waiving the drawal of samples Under DEEC/ Pass Book Schemes. 4. The above facilities shall be allowed to only manufacture exporters. In case any export of the manufacturer exporter come to adverse notice by Customs or by any other agency, the facilities as extended in para 2 3 above shall be dis - continue forth with. Notwithstanding anything in this Standing Order the Department retains the right of drawing the samples by surprise at any time. 5. In respect of Merchant exporters the procedure as prescribed in Standing Order No. 7078 and 7131 Shall continue to be followed. 6. This standing order comes into effect immediately. Sd /- dt. 31.1.96 (S.K. Bhardwaj) Commissioner of Customs - II Mumbai Issued by: F.No. S/ 16 - MISC - 885 / 93 Gr.7 Attested by Sd/- (Sandeep Prakash) Asst. Commissioner of Customs Appraising Group VII Mumbai