Provisional assessment of consignments originating from China under claim of duty exemption on the basis of Country of Origin Certificate issued under Asia - Pacific Trade Agreement

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COMMISSIONER OF CUSTOMS (NS-I), MUMBAI ZONE-II JAWAHARLAL NEHRU CUSTOM HOUSE, NHAVA SHEVA, MAHARASHTRA-400707 F. No. S/26-MISC-622/2019-20/JNCH/Gr.II(H-K)
Date 14 .05.2020

PUBLIC NOTICE NO. 68 /2020 DIN-20200578NW00004X47EF

Subject: Provisional Assessment of consignments originating from China under claim of duty

exemption on the basis of Country of Origin Certificate issued under Asia- Pacific Trade Agreement – reg.

Attention of the Importers, Exporters, Customs Brokers and all other stakeholders is invited to the above-mentioned subject. Pending verification of signatures and seals on COO certificates, submitted by the importers importing goods from China, in terms of para 6 and 8 of the Board’s Instruction No.31/2016-Customs dated 12.09.2016 (Para 7 and 9 of JNCH PN No 128/2016), it is
decided that the goods shall be permitted to be released provisionally by following Circular No 38/2016- Cus dated 22.08.2016 (JNCH PN No- 119/2016 dated 06.09.2016) with regard to quantum of security to be obtained under Section 18 of the Customs Act,1962.

2.   The above being cases related to verification of signatures and seals on COO certificates as 
   

described at Sr No 5 ( c) under the heading class of importer in the Table below para 3 of Circular No 38/2016- Cus dated 22.08.2016, considering the risk and the existence of different categories of importers it is decided to reduce the amount of Bank Guarantee or Cash deposit to be obtained as security (as percentage of the differential duty) to the level as given below:-

Sl Category of Importer Security Amt
i Authorized Economic Operator (Tier I and Tier-II) 0% ii Status Holder under the FTP 2015-20 0% Iii Manufacturer - importer (with valid GSTIN) importing raw material for manufacture of pharmaceuticals of Chapter 30, personal protection equipment of any Chapter, hygiene products such as soaps, shampoo, sanitizers, detergents and hand wash etc. of any Chapter 0% iv. Institutional importer being actual user importing pharmaceuticals of Chapter 30, personal protection equipment of any Chapter, hygiene products such as soaps, shampoo, sanitizers, detergents and hand wash etc. of any Chapter 0% v. Other importer importing pharmaceuticals of Chapter 30, personal protection equipment of any Chapter, hygiene products such as soaps, shampoo, sanitizers, detergents and hand wash etc. of any Chapter 25 %

For any other importer ie other than the category of importers specified above, the amount of security (as percentage of differential duty) shall remain at 100% (hundred per cent). The option of either executing Bank Guarantee or giving Revenue deposit for purpose of security will be of the importer.

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For the purpose of provisional assessment, the importer shall submit Bond or Undertaking (in lieu of Bond) in case of eligible categories as mentioned in Board Circular No. 17/2020 dated 03.04.2020 (JNCH PN No 41/2020 dated 03.04.2020). The facility to submit Undertaking in lieu of Bond will be available till 30.05.2020 in terms of Board’s Circular No. 23/2020 dated 11.05.2020 (JNCH PN No 66/2020 dated 12.05.2020). The importer shall ensure that the Undertaking furnished in lieu of Bond is duly replaced with a proper Bond by 15.06.2020, as specified in Board’s Circular No. 23/2020 dated 11.05.2020. Each Appraising Group shall maintain a record of all such cases of relaxation from taking Bond.

In case of any difficulty, the specific issue may be brought to the notice of DC/AC in charge of Appraising Main (Import), NS-I at email appraisingmain.jnch@gov.in.

This issues with the concurrent approval of the Commissioners of Customs NS-I, III and V. 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). Copy to:

1. The Chief Commissioner of Customs, Mumbai Zone-II, JNCH.
2. The Commissioner of Customs, NS-G/ NS-I/ NS-II/NS-III/ NS-IV / NS-V, JNCH.
3. All Additional / Joint Commissioner of Customs, JNCH.
4. All Deputy / Assistant Commissioner of Customs, JNCH.
5. All Sections / Groups of NS-G, NS-I, NS-II / NS-III/ NS-IV / NS-V, JNCH.
6. Representative of BCBA / FIEO / Members of PTFC for information and circulation among their members and other importers for information.
7. AC/DC, EDI for uploading on JNCH website immediately.