Forwarding of samples for testing to the Outside Laboratories - Customs - Public Notice No. 05/2017

GOVERNMENT OF INDIA MINISTRY OF FINANCE, DEPARTMENT OF REVENUE OFFICE OF THE COMMISSIONER OF CUSTOMS (PREVENTIVE) NORTH EASTERN REGION CUSTOM HOUSE, 110 M. G. ROAD, SHILLONG 793001 C. No. VIII(29)01/CUS/TECH/2001/24146-67(A) Dated: 30.11.2017 Public Notice No. 05/2017 Dated Shillong the30 th November, 2017 Subject: Forwarding of samples for testing to the Outside Laboratories- reg. Attention of all concerned is invited to Circular No. 43 /2017-Customs dated 16.11.2017 on forwarding of samples for testing to the Outside Laboratories 2. It has come to the notice of the Central Board of Excise and Customs that due to lack of testing facilities of certain goods in Revenue Laboratories, there is delay in clearance of the consignments of these goods due to avoidable movement of samples between Customs field formations and Revenue Laboratories. 3. In this regard, CRCL has shortlisted the items whose samples cannot be tested in their Laboratories at present and also identified the Laboratories functioning under the other Ministries/Departments/Organizations where such samples could be tested. The list of such items and corresponding testing Laboratories are annexed herewith (Annexure-I). 4. The Revenue Laboratories are, presently, in the process of up-gradation. However, until Revenue Laboratories are upgraded, as a measure of trade facilitation, the Board has decided that field formations may directly forward samples of goods mentioned in column (3) of the Annexure I of this circular, to the laboratories mentioned in column (4) of the said Annexure or any other accredited laboratories empanelled by this Commissionerate. The procedure for forwarding the samples to the laboratories shall be as follows: a. Customs formations should follow the respective standard sampling technique prescribed by the concerned laboratory for the items under question. The concerned field formations should ascertain sampling requirement with the laboratory concerned before drawing samples from the consignment. b. In cases of live consignments which cannot be cleared without getting the test reports due to its hazardous nature or for any other reason, the samples shall be forwarded to the concerned laboratory at the earliest. Further, mechanism for drawal of samples for testing of imported food items and the mechanism to receive reports have already been prescribed by this office Facility No.04/2010 dated 12.05.2010, Facility No.09/2010 dated 06.12.2010, Public Notice No.01/2011 dated 01.02.2011 and Facility No.01/2013 dated 26.04.2013 and the procedure shall continue to be followed. c. In cases where the time taken by laboratory exceeds three days, the importer should invariably be given an option to warehouse goods under section 49 of the Customs Act. d. Testing fee, if any, shall be paid by the importer or the exporter. 5. It is further clarified that aforementioned procedure shall not be applicable in cases where Partner Government Agencies themselves draw the sample. 6. As regards drawal of samples for testing of textiles, DGFT Notification No.19/2015-2020 dated 04.05.2015 provides for the details of testing agencies. 7. As regards imports of plant and plant materials and livestock, the sampling will be as prescribed by Plant Quarantine and Animal Quarantine Authority. 8. The procedure for drawal of samples will be as provided in the Customs Manual, if otherwise not specifically prescribed. 9. Difficulty faced, if any, may be brought to the notice of this office. End: Annexure-1 (Authority: Circular No.43/2017-Customs vide F. No.401/243/2016-Cus III dated 16.11.2017, Govt. of Indio, Ministry of Finance, Dept. of Revenue. (CBEC)] (Bandhana Deori) Commissioner