Import of teas from the neighbouring country (Nepal) as "Darjeeling Tea" - Customs - Instruction No. 25/2021

Instruction No. 25/2021-Customs F.No.401/88/2021-Cus-III Government of India Ministry of Finance Department of Revenue (Central Board of Indirect Taxes Customs) North Block, New Delhi Dated 24th November, 2021 To All Principal Chief Commissioner/ Chief Commissioner of Customs/ Customs (Preventive). All Principal Chief Commissioner/ Chief Commissioner of Central Excise Customs. All Principal Chief Commissioner of Customs/ Customs (Preventive). All Principal Commissioner/ Commissioner of Central Tax Customs. Subject: - Import of teas from the neighbouring country (Nepal) as Darjeeling Tea reg. Madam/Sir, Reference is invited to F.No. T-36013/1/2019-Plant (A) dated 3rd November, 2021, issued by the Department of Commerce (DoC), Ministry of Commerce Industry, New Delhi, on the above-mentioned subject (copy enclosed). 2. It has been stated in the above-mentioned communication, that Darjeeling Tea is recognised for its unique flavour and qualities and has acquired tremendous domestic and international reputation. The DoC is in receipt of various communications raising concerns regarding import of tea from Nepal and the domestic sale of such imported teas as Darjeeling Tea , thereby adversely impacting the interests of the domestic Darjeeling Tea Planters. 3. It is clarified that as per the Food Safety Standards (FSS) (Import) Regulations, 2017, clearance is required for import of food items into India. Further, the present trade treaty between India and Nepal allows mandatory sanitary and phytosanitary certificates, before products are allowed into each other's country. As per the provisions of the Tea (Distribution Export) Control Order, 2005, any importer importing tea from Nepal needs to have a license, as mandated under this order, and. should also have a clearance certificate issued by the Tea Council. 4. It is requested that necessary action may accordingly be taken to ensure strict and mandatory compliance of the above mentioned FSS (lmport) regulations and to also insist on a valid certificate issued by the Tea Board under the Tea (Distribution Export) Control Order, 2005, besides the clearance certificate issued by the Tea Council of India, prior to allowing import of tea from Nepal. 5. The difficulties, if any, in the implementation of this Instruction may be please brought to the notice of the Board. 6. Hindi version follows. Encl : as above Yours faithfully , (Kevin Boban) Under Secretary to the Government of India F. No. T-36013/1/2019-Plant(A) Government of India Ministry of Commerce Industry Department of Commerce Udyog Bhawan, New Delhi Dated : 3-11-2021 OFFICE MEMORANDUM Subject : Import of teas from the neighbouring country (Nepal) as Darjeeling Tea - Regarding. I am to refer to the subject noted above and to endorsement of this department s letter of even No. dated 16-9-2020. In this regard it is stated that Darjeeling Tea is recognized for its unique flavour and qualities and has acquired tremendous domestic and international reputation. Various communications have been received in Department of Commerce raising concerns regarding import of teas from the neighbouring country and sale of such imported teas as Darjeeling Tea thereby adversely impacting the Darjeeling Tea Planters. 2. During the last three years (2017-18 to 2019-20), 60.35 M.kgs. of teas have been imported into India out of which only 23.43 M.kgs. have been re-exported which underlines the fact that the rest 36.92 M.kgs. of imported teas have been sold in India. Such imported tea, majority of which is coming from Nepal, is sold in India as if produced in India. 3. Under Chapter III of the FSS (Import) Regulations, 2017. clearance is required for import of food items into India. The basic purpose of the statutory clearance is to prevent sub-standard food items entering into India. Further, the present trade treaty between India and Nepal allows mandatory sanitary and phytosanitary certificates before products are allowed into each other s country. In addition, as per the provisions of the Tea (Distribution Export) Control Order, 2005, any importer importing teas from Nepal needs to have a license as mandated under this order and should have a clearance certificate issued by the Tea Council. 4. In view of the above, it is requested to issue necessary directives to the concerned officials to ensure strict and mandatory compliance of the FSSAI regulations and to insist on valid certificate issued by the Tea Board under the Tea (Distribution Export) Control Order, 2005 and clearance certificate issued by the Tea Council of India prior to allowing entry of teas from Nepal. Sd/- (Parul Singh) Deputy Secretary(Plantations)