Declaration of MEK/2BUTANONE content as part of description in the Bill of Entry in respect of goods falling under CTH 3215, 3402 and 3814 - Customs - PUBLIC NOTICE NO. 68/2019

OFFICE OF THE COMMISSIONER OF CUSTOMS NS-I JAWAHARLAL NEHRU CUSTOM HOUSE, TAL - URAN, NHAVA SHEVA, DIST - RAIGAD, NAVI MUMBAI - 400 707, MAHARASHTRA F. No. S/26-Misc-2279/2018-19/ Group 2A-F/JNCH Dated 06.08.2019 PUBLIC NOTICE NO. 68/2019 Subject: Declaration of MEK/2BUTANONE content as part of description in the Bill of Entry in respect of goods falling under CTH 3215, 3402 and 3814. Attention of the Importers, Exporters, Custom Brokers and all concerned are invited towards the declaration of description in the Bill of Entry at the time of importation of the goods in case of Ink, make up solutions, top up solution and cleansing solution falling under CTH 3215, 3402 and 3814 as these items may contain MEK/2 Butanone which is a controlled substance mentioned in schedule B and C of Narcotics Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 2013 dated 16.03.2013 and hence, require NOC from Central Bureau of Narcotics (CBN) hence testing before clearance is necessity. 2. Representations have been received from various importers and trading associations w.r.t. difficulties in clearance of imports of the said goods. It has been represented that a single consignment may consist of a no. of items (colour, gradewise inks) in small quantities and hence testing of each and every item is not only time consuming but also involves heavy cost. At times because the small quantity of items, it may not be feasible to send samples. Keeping in mind the issue raised by the importers and to streamline the process, the following steps are prescribed for smooth clearance of the above said commodities. 3. The importers who are importing the goods viz. Ink, make up solutions, top up solutions and cleansing solutions under CTH 3215, 3402 and 3814 are advised to declare MEK/2 Butanone content percentage as part of the description in the Bill of Entry. In case of no MEK/2 Butanone content in the consumables/products of these CTH, the importers are required to mention MEK/2 Butanone free in the description column itself. Further, they are advised to upload manufacturer's certificate of analysis, Material Safety Data Sheet (MSDS), valid Previous Test Reports (PTR) on e-sanchit at the time of filing Bills of Entry. 4. However, the testing by the department shall be decided as per instructions already in existence. 4.1 In case of manufacturer Importers who are actual users, the overseas supplier is also a manufacturer and the goods are covered by a manufacturer's invoice and certificate of analysis/MSDS (Material Safety Data Sheet) or valid P TR (Previous Test Report), the Bill of Entry shall be finally assessed on second-check basis without testing by the department subject to following conditions: i. Importer to upload the supporting documents to substantiate their claim of being manufacturer and actual user of the goods on e -sanchit. ii. Importer to upload the supporting documents to substantiate their claim of supplier being manufacturer of the goods on e -sanchit. iii. Importer to declare details of relied upon valid PTR in Description field of Bill of Entry and upload copy of the same on e-sanchit. IV. MSDS (Material Safety Data Sheet)/ certificate of analysis is produced to the assessing officer. 4.2 However, the Department reserves its right to test the goods on random basis. 4.3 It has also been decided further that testing of all other consignments will be done in accordance with the instructions laid down in the Standing Order No 17/2009 dated 21.04.2009 which says that wherever there is test report available for the same commodity with reference to the same supplier and the same importer, unless there is a reason for doubt, a previous test report, which is less than six month old, can be relied upon. 5. Difficulties faced, if any, in implementation of these instructions may be brought to the notice of the Additional/Joint Commissioner of Customs, NS-I, JNCH. 6. Action to be taken in terms of decisions taken in this Public Notice should be considered as standing order for the purpose of officers and staff. Sd/- (SUNIL KUMAR MALL) COMMISSIONER OF CUSTOMS NS -I, JNCH