9911796707
TMI BlogCustoms clearance procedure for import consignments of commodities which require clearance by other regulatory agenciesX X X X Extracts X X X X X X X X Extracts X X X X ..... brought to the following. There are imports of commodities which are required to comply with certain standards as determined by specific provisions pertaining to such commodities, inter-alia involving food safety requirements, sanitary phytosanitary requirements, textile testing requirements etc., which require clearances or No Objection Certificates from other import regulatory agencies, before the goods can be cleared for home consumption by Customs. The procedures primarily involve Customs drawing samples from concerned consignments and then sending the samples to authorised laboratories/testing agencies for testing and clearance by concerned agency, storage of the goods till receipt of test report and final clearance by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ms Act, 1962. However, Section 49 of the Customs Act, 1962 had been substituted on 31.03.17 and storage under this Section became restricted only to Public Warehouses. As at the majority of the customs stations under the jurisdiction there are no public warehouses, storage under Section 49 of the Act ibid is not feasible and therefore the customs clearance procedure for import consignments of commodities requiring clearance by other regulatory agencies has been re-examined for proper facilitation of trade. It has therefore been decided to allow the import and storage of such consignments in terms of Section 143 of the Customs Act, 1962 as per procedure prescribed below: 1. The importer shall intimate the jurisdictional Deputy/Assistan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Warehousing if the goods are to be warehoused in importer's licensed Customs Bonded Private Warehouse or in a Public Warehouse, in case of which the requirements of the warehousing regulations shall apply. 4. Thereafter, after grant of entry inwards under Section 31 of the Customs Act by the proper officer, Customs shall examine the goods and appraise the same and also undertake general checks of the consignments in addition to drawal of samples. 5. At customs stations where officials of the concerned regulatory agency are available, the sampling and testing will be done as per their procedure and only the NOC/test report will be communicated to Customs. At customs stations where officials of concerned regulatory agency are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... email address to which the concerned agency can send its report. The samples so drawn shall be sent to the laboratory/testing agency by Registered/Speed Post/Parcel or even a Special Messenger who may be engaged by the Customs officer in consultation with the jurisdictional Deputy/Assistant Commissioner of Customs. The samples should be sent within 24 hours of drawal. This procedure of drawal of samples will apply, if otherwise not specifically prescribed. 6. Goods imported conforming to the requirements of Facility No. 04/2017 dated 05.07.17 will not require any samples to be drawn from the import consignments, and the goods can be cleared directly for home consumption. Further, for the procedure of clearance of food articles, sampli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case of Continuity 'No Use' Bond , it requires acceptance only for the first time. Details of the bonds shall be entered in a manual register maintained for the purpose at the Customs Station concerned. In case, Continuity 'No Use' Bond is preferred, the duty involvement of each consignment/cumulative un-cleared consignments of the importer should not exceed the Bank Guarantee amount. Proper monitoring of the Bank Guarantee(s) will be required to be done so as to ensure that it covers duty liabilities and also that it remains valid to cover the periods involved. Proper monitoring of the number of No Use Bonds accepted, closed and pending for closure shall be done by the jurisdictional Deputy/Assistant Commissioner of C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ustoms broker for accompanying the goods to the place of storage. 9. It would be binding upon the importer as well as the Customs Broker (if any) to ensure that the goods stored under terms as mentioned above is not tampered with and the cargo is not sold, used, consumed, transferred or dealt with in any manner whatsoever without obtaining clearance/NOC from the concerned regulatory authority. The non-observance and non-compliance of the same would attract legal action including penal action as stipulated in the respective Acts, Rules and Regulations of the regulatory agencies as well as the Customs Act, 1962. In case, the clearance/NOC is not granted by the concerned regulatory agencies (even after exhausting the appellate mechanism ..... X X X X Extracts X X X X X X X X Extracts X X X X
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