Streamlining the process and expediting assessment in FAG – reg. - Customs - PUBLIC NOTICE No. 11/2023

GOVERNMENT OF INDIA MINISTRY OF FINANCE, DEPARTMENT OF REVENUE OFFICE OF THE COMMISSIONER OF CUSTOMS, CHENNAI_II(IMPORT) CUSTOM HOUSE, NO. 60, RAJAJI SALAI, CHENNAI 600 001. Telephone : 044 25230371 /Email : [email protected] Date: 16-03-2023 PUBLIC NOTICE No. 11/2023 Sub : Streamlining the process and expediting assessment in FAG reg. ****** Attention of importers, Customs Brokers, and all other stakeholders is invited towards various Circulars issued by CBIC on Faceless Assessment to streamline the process and expedite assessment in FAG. 2. During the course of the Faceless Assessment, instances have been observed where owing to the non-submission of complete information and documents at the time of filing the Bill of Entry (BE), queries were required to be raised, which resulted in a slower pace of assessment and clearance of the consignment. It is also noticed that some required documents are not uploaded on e-Sanchit or are not legible, leading to a situation where the Appraising/Assessing Officer cannot view/read the document and is thus compelled to raise a query. 3. In this regard, Trade is advised to adhere to the following general instructions for the faster assessment and clearance of the goods in Faceless Assessment:- (i) Ensure that legible copies of all supporting documents are uploaded in e-Sanchit. (ii) Ensure that after uploading the documents in e-Sanchit, they are properly linked with the concerned Bill of Entry, by tagging IRN with the corresponding Bill of Entry for all documents. (iii) As far as possible always upload the Catalogue/ Technical Writeup/ Enduse / Product Data Sheet/ User Manual, etc, along with picture of the goods which will help the FAGs in verification of self-assessment. (iv) Documents in support of declared value such as previous BEs, Purchase order/ Contract, Remittance Copy etc. whichever is available may be uploaded to assist the proper officer in verification of assessment. (v) Whenever duty exemption is claimed under any exemption notification, the conditions of duty exemption should be carefully studied and compliance documents must be uploaded. Also, it must be ensured that the goods squarely falls under category goods on which such exemption is allowed. (vi) If the importation of goods requires Registration under certain Acts/ Rules, the same must be completed before filing the Bill of Entry and copy of required certificate should be uploaded in e-Sanchit. (vii) Compliance of BIS Standards and uploading necessary registration certificate is very essential for safeguard of country from importation of spurious goods. Importers/ Customs Brokers are requested to visit the website bis.gov.in and ensure that they have necessary certification, before filing of Bills of Entry. (viii) The Government has introduced monitoring mechanism on import of Steel, Chips, Non-Ferrous Metals, Paper and Coal. The Importers and Customs Brokers are requested to submit the mandatory information on the designated websites before filing BEs and upload the documents in e- Sanchit. (ix) First time importers are required to submit KYC documents. It is advisable that this process may be completed well in advance. (x) While uploading the documents on e-Sanchit, Trade and Customs Broker are requested to select the correct code for the documents which is helpful in verification by the proper officer. (xi) Whenever a query is seeking specific information/document, it should be replied with relevant and specific answer providing information/ documents sought therein. Frivolous replies result in repeated query. (xii) it has been observed that a few importers who intend to avail benefit of deferred duty payment are not authenticating their Bills of Entry using the one time password (OTP) sent to their registered e-mail. In such cases the proper officer at RMSFC at Chennai Customs Zone is unable to give OOC of such BEs and is compelled to raise query requesting the importer to authenticate the BE. Therefore, such instances may be avoided by ensuring that all BEs where such facility of deferred duty payment has been intended are duty authenticated. (xiii) While filing a BE for Provisional Assessment under section 18 of the Customs Act, 1962 due to pending SVB investigation of for any other reasons, it is requested that proper reason for opting provisional assessment must be mentioned. If a declaration giving these reasons are also uploaded in e-Sanchit. that will be of added advantage at the time of finalization of assessment. (xiv) Wherever preferential rate of duty is claimed based on Country of Origin Certificate, and BE is facilitated by RMSFC for OOC, in order to avoid query, it is advised that the goods registration should be done only after getting the Country of Origin certificate defaced by Carotar Cell as OOC is not possible for such BEs by RMSFC. 4. The list of documents required to be uploaded varies as per the imported goods. Assessing group-wise list of documents that are generally required to be uploaded are listed in Annexure 'A of this Public Notice. However, it may be noted that the provided list is not exhaustive. The importer may be required to upload additional documents depending on the nature of imported goods and the necessity of assessment. Further, the Assessment Officer may ask for additional documents if he finds necessary for Assessment. 5. The Trade is requested to bring the issues of delay and unwarranted queries to the notice of the concerned ADC/JC in charge of the assessing group. The Customs Brokers and Importers are requested to file a Bill of Entry in advance after uploading all mandatory documents required for assessing the item imported on e-Sanchit in the proper column with specific name to the documents to avoid query and in order to expedite clearance of goods. Trade is also requested to give specific reply to the query. 6. Difficulty, if any faced in implementing the said Public Notice may be brought to the notice of the Additional Commissioner of Customs, Commissionerate II, Custom House, Chennai @ [email protected] or [email protected]. K S V V Prasad Commissioner of Customs, Chennai-II Annexure A A. Apart from mandatory documents like Invoice, Packing List and Bill of Lading following documents are required to be uploaded, wherever applicable, 1. Country of Origin Certificate. 2. Duly filled Section-I; II and III of Fonn-1, if the Preferential Rate of Duty is claimed based on RVC content of the originating goods. 3. Order in Original issued by SVB where buyer and supplier are related. 4. Copy of Shipping Bill and reversal of export benefits claimed during export wherein the re import notification benefit is claimed. 5. BIS registration certificate wherein goods fall under the mandatory requirement of BIS. 6. LMPC Certificate under the Legal Metrology Act, 2008 and Legal Metrology (Packaged Commodity) Rules, 2011, for the goods falling under the purview of LMPC Rules, 2011. 7. Documents like, RCMC, AEPC, EPCH, MTCTE, Concessional Duty Certificate from relevant organization, etc. wherever the condition of duty exemption notification requires submitting such documents. 8. Special Import Licence for prohibited/restricted goods. 9. High Sea Sale Agreement along with sale invoice wherever such sale has occurred. 10. Registration Certificate from CPCB/SPCB for fulfilling Extended Producer Responsibility (EPR), wherever it is mandatory. B. Apart from the above, Assessing group wise list of documents that are required to be uploaded, if applicable: Sr. No, Concerned Group Documents required to be uploaded 1 I/IA 1. Valid test Report or previous test report in case of import of 2. Gypsum and Petroleum Products. 3. Coal Import Monitoring System (CIMS) Registration 4. Challan evidencing return of Export Incentive in case of Reexport, copy of shipping bills. 5. Phytosanitary Certificate 6. Label evidencing MRP, Manufacturing Date and Expiry Date 7. PESO Certificate, wherever required. 2 II/II (A-B) 1. Import Permit/ Registration Certificate wherever applicable 2. Copy of application of said permit/ Registration, Certificate with CIB, wherever applicable. 3, Previous Test report, 4. MSDS/ Technical data sheet of supplier 5. Declaration of Category of Hazardous goods (A-B) 6. Certificate of Analysis 3 II(C-F) 1. COSCO Registration Certificate along with Annexure of Products, wherever applicable. 2. IPR registration copy for branded goods registered with [PR section. 3. PESO Certificate for explosive goods wherever applicable. 4. Duty Exemption certificate for research goods from CSIR, DRDO etc.) and from head of institution where benefit claimed. (Ntf-51/1996) 5. CBN NOC for NDPS goods wherever is applicable. 6. Form-G under FCO, 1985 for import of bio-stimulants 7. MoEF Licence /Import Permit wherever applicable. 4 II G I. Registration Certificate under Extended Producer Responsibility (EPR) in case of goods falls under Plastic Waste Management Rules - 2022 (PWM- 2022). 2. End-use certificate/Reasons for non-applicability of EPR under PWM - 2022. 3. Application Status on CPCB portal as per SO No. 03/2023 dated 08.02.2023 5 II(H-K) I. Valid Test Report or previous test report, if any. 2. Certificate of Analysis 3. Declaration of Category of Hazardous goods 4. Eligibility Certificates to the owners of registered publications for the import of Newsprint. 5. Import certificate from Council of Leather Export for availing duty ex emotion. 6 III I. Valid Test Report or previous test report in case of import of Textile and Textile Material. 2. Azo Dyes test report from the Textile Committee or textile testing laboratory accredited to the National Agency of the Country of Origin. 7 IV 1. BIS registration, SIMS Certificate, NFMIMS Certificate, MTC 2. Landing permission in terms of Gas Cylinder Rules, 2016. 3. MTC of RAW material to establish correlation with Raw material supplier and Manufacturer of imported goods 4. Pre-Shipment Inspection Certificate in accordance with national/international standards. 8 V 1. ln the case of old and used capital Goods: a) Inspection/ Appraisement Report issued by Charted Engineer, or their equivalent based on country of sale; or b) Inspection/ Appraisement Report issued by locally empanelled Charted Engineer, in the absence of above and certificate issued by the Institute of Chartered Engineers which qualifies the CE to perform such appraisement/inspection along with Custom House letter/PN empanelling him. 2. Re-Import/Repair and return cases: a) Export Invoice and Shipping Bills b) Proof of Inspection/ Appraisement Report issued by locally empanelled Charted Engineer in case of availed notification 153/95- Cus (for import of goods of foreign origin for repairs and return basis). c) Product/ Sales Catalogue, Technical literature/write up on nature of goods. 9 VA 1. EPRA for E-Waste and Battery Waste. 2. Registration under Chip Import Monitoring System. 10 VB 1. Atomic Energy Regulatory Board Certificate in case of Xray- based equipment. 2. CDSCO License in case of Medical equipment C. Importers and Custom Brokers are advised to comply with the instructions contained in Board Circular No. 55/2020-Cus dated 17.12.2020 and submit the documents enlisted in the Annexure of the said circular, to avoid query during assessment.