Amendment in Public Notice No. 33/2019 dated 16.12.2019 regarding procedure to be followed after amendment of policy condition No. 2(iii) to Chapter 95 of ITC (HS) 2017-Schedule-1 (Import Policy) - Customs - PUBLIC NOTICE NO. 17/2020

OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS (ACC-IMPORT) NEW CUSTOMS HOUSE NEA IGI AIRPORT NEW DELHI-110037 C. No. VIII(12)Import/Tech./PN/06/2020/5128 to 5141 Dated: 20.03.2020 PUBLIC NOTICE NO. 17/2020 Sub: Amendment in Public Notice No. 33/2019 dated 16.12.2019 regarding procedure to be followed after amendment of policy condition No. 2(iii) to Chapter 95 of ITC (HS) 2017-Schedule-1 (Import Policy) -reg. Attention of the Importers, Custom Brokers and all other stakeholders is Invited to the notification No. 33/2015-2020 dated 02.12.2019 issued by Director General of Foreign Trade Ex-Officio Addl. Secretary to the Govt. of India, whereby Policy Condition No. 2 (iii) to the Chapter 95 of ITC (HS), 2017-ScheduIe -I (Import Policy) has been revised as follows:- Sample will be randomly picked from each consignment and will be sent to MABL accredited Labs for testing and clearance may be given by Customs on the condition that the product cannot be sold in the market till successful testing of the sample. Further, if the sample drawn fails to meet the required standards, the consignment will be sent back or will be destroyed at the cost of importer. 1.1 Further, attention is also invited to Public Notice No. 33/2019 dated 16.12.2019 issued by this Commissionerate, thereby prescribing the practice to be followed for clearance of the imported Toys in view of notification dated 02.12.2019 referred to above. 2. Pursuant to the said amendment in policy condition No.2 (iii) to Chapter 95 of ITC (HS) 2017-Schedule-I (Import Policy), following procedure will now be followed in this Commissionerate in respect of clearance of the imported Toys instead of the procedure prescribed vide Public Notice No. 33/2019 dated 16.12.2019 referred to above. 2.1 At the time of filing of Bill of Entry for clearance of toys, the Importer/ Customs Broker, is required to submit proper invoice packing list, thereby having details of each category of toys, to the extent possible. 2.2 Samples will be randomly drawn (in duplicate if so desired) for each type of toy from each consignment by the Shed Officers and will be sent for prescribed testing to one of the NABL accredited !abs, as nominated for this purpose in Para 3 below, as per the examination order given by the assessment group. 2.3 The Importers willing to clear the goods before completion of testing shall be required to submit, in the appraising group, a 'No Use Undertaking', as per Annexure-I, thereby stating that the goods will not be sold in the market till successful testing of the sample. Such 'No Use Undertaking' shall be duly accepted by the Deputy/ Assistant Commissioner of Customs, Appraising group. 2.4 A copy of the duly accepted 'No Use Undertaking' shall invariably be uploaded on e- Sanchit at the time of assessment. 2.5 The assessment group will maintain the record of Bill of Entry wise Test Memos, date of withdrawal of Samples, date of receipt of report and consequent cancellation of the 'No Use Undertaking' given by the importer. 2.6 Upon receipt of report: (a) in case the sample conforms to the required standard, the appraising group will cancel and return the 'No Use Undertaking'. (b) in case the sample fails to conforms to the required standard, the Importer/ customs broker would bring back the goods to the Import shed for further proceedings. Such goods will either be re-exported back or be destroyed at the cost of the importer in accordance with the adjudication order passed by the competent authority. 2.7 Importers willing to opt for live testing of the goods will not be required to give such 'No Use Undertaking'. 3. The following labs, which are fully accredited under IS 9873 (P-l, P-2, P-3, P-4, P-7 and P-9) and IS 15644 for toy and which are located in Delhi/NCR, are to be used for the purpose of testing of the sample for compliance of DGFT Notification No. 33/2015-20 dated 02.12.2019:- S.No. Name of Lab Address 1 Eko Pro Engineers Pvt. Ltd. 32/41, South Side G.T Rd, UPS[DC Industrial Area, Butandshahr Road Industrial Area, Ghaziabad, Uttar Pradesh 201009 2 Geo-Chem Laboratory Plot No. 306, Udyog Vihar Il Rd, Phase II, Udyog Vihar, Sector 20, Gurugram, Haryana 122016 3 Alpha Test House 198-199, M.I.E, Phase I, Industrial Area Phase 2, Bahadurgarh, Haryana 124507 4 Sigma Test and Research Centre 99, Badli Industrial Area, Phase 2, New Delhi, Delhi 110042 3.1 The above mentioned labs would ensure that the received representative samples are found intact with Customs seal and such samples should be tested within 15 days from the date of receipt of the sample and the test report should be forwarded at the earliest. A proper record of samples received from Customs and test reports submitted should also be maintained for future reference. 4. Difficulty, if any, may be brought to the notice of the Additional Commissioner Of Customs (Technical), ACC (Import), NCH, New Delhi. 5. For the departmental officers, this may be treated as Standing Order. 6. This issues with the approval of Principal Commissioner of Customs, ACC (Import). Encl:- As above (Atinexure-l) (Nagendra Yadav) Additional Commissioner of Customs (Technical) ACC (Import)