Labeling of goods prior to clearance in compliance of the Legal Metrology (Packaged Commodities) Rules, 2011 in view of DGFT Notification No.44 (RE-2000)/1997-2002 dt. 24.11.2000 and serial no. 2 of Notification No.21/2012-Cus dated 17.03.2012 - Customs - 16/2013

OFFICE OF THE COMMISSIONER OF CUSTOMS (IMPORT GENERAL) NEW CUSTOMS HOUSE, NEAR IGI AIRPORT NEW DELHI - 110 037 C.No VIII(12)I G/Tec/31/2013/15271 to 276 Dated:10.10.2013 PUBLIC NOTICE NO. 16/2013 Sub:- Labeling of goods prior to clearance in compliance of the Legal Metrology (Packaged Commodities) Rules, 2011 in view of DGFT Notification No.44 (RE-2000)/1997-2002 dt. 24.11.2000 and serial no. 2 of Notification No.21/2012-Cus dated 17.03.2012 --reg. Attention of all the importers/ Exporters, trade and CHAs is invited to the Board's circular No. 19/2011 dt. 15.04.2011 . This circular extends the facility of labeling on imported goods in Bonded Warehouses subject to certain procedural conditions. 2. It has been brought to the notice that there is no uniform practice/ procedure being followed for seeking permission for labeling on imported goods in Air Cargo Complex. In some cases, permission is being sought from the assessing group and in some cases permission is being sought from shed officers. It has also been noticed that in certain cases importers did not seek any such permission and also claimed the benefit of serial no. 2 of Notification. No. 21/2012-Cus dated 17.03.2012 . However, when non-compliance of the subject Rules was detected during examination, they sought permission for labeling of goods. In this regard, it may be noted that the onus of making true and correct declaration in all aspects relating to the imported goods lies with the importer. This is especially so in the context of introduction of self-assessment since 2011. Therefore, it is clear that the importer should declare in case the conditions of the subject Rules have not been complied with at the time of import and seek specific permission for labeling the imported goods before clearance. However, if non-compliance is detected during examination, appropriate action will have to be taken as per provisions of the Customs Act, 1962. In order to ensure that uniform practice is followed in this regard, it has been decided that in all cases, the importer/CHA will give a suitable letter to the AC/DC (Import Shed) seeking permission for labeling of imported goods prior to registration of the goods but not after payment of duty, if any. The AC/DC Shed, while giving such permission will suitably instruct the shed officers to verify compliance before clearance of the goods. If it is found that the importer has got the B/E registered without such permission and the goods do not bear such labels, appropriate action including penalty proceedings may be initiated under the Customs Act, 1962 . 4. It is further clarified that this procedure will be applicable to all goods covered under DGFT Notification No.44 (RE-2000)/1997-2002 dt. 24.11.2000 , irrespective of whether they attract RSP based CVD and/or whether the importer has claimed the benefit of serial no. 2 of Notification No. 21/2012-Cus dated 17.03.2012 or otherwise. NEETA LALL BUTALIA) COMMISSIONER OF CUSTOMS (IMPORT GENERAL)