Amendment in Policy condition No. 2 (iii) to Chapter 95 of ITC (HS), 2017-Schedule 1 (Import Policy) – Procedure to be followed for clearance of toys.

OFFICE OF THE COMMISSIONER OF CUSTOMS (IMPORT-I), GR.VI, NEW CUSTOM HOUSE, BALLARD ESTATE, MUMBAI - 400 001. F. No. S/26-Misc- 154/2019-20/Gr.VI NCH

 Dated: 24.12.2019. 

PUBLIC NOTICE NO. 121/2019

Subject: Amendment in Policy condition No. 2 (iii) to Chapter 95 of ITC

(HS), 2017-Schedule 1 (Import Policy) – Procedure to be followed for clearance of toys.

Attention of the Importers, Custom Brokers and all concerned is invited to the Notification 33/2015-2020 dated 02.12.2019 issued by the Director General of Foreign Trade, New Delhi on the above mentioned subject. While the condition 2 (i) and 2(ii) of Notification No 26/2015-2020 dated 01.09.2017 shall continue to remain in force, the DGFT vide above referred Notification has revised Policy condition No. 2 (iii) to Chapter 95 of ITC (HS), 2017 – Schedule – 1 (Import Policy) as under:

Existing Policy Condition No. 2 (iii) Revised Policy Condition No. 2 (iii) A Certificate of Conformance from the manufacturer that represents sample of the toys being imported have been tested by an independent laboratory which is accredited by NABL, India and Found to meet the specification indicated above. The Certificate would also link the toys in the consignment to the period of manufacturer indicated in the Certificate of Conformity.
Sample will be randomly picked from each consignment and will be sent to NABL 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 consignments will be sent back or will be destroyed at the cost of importer.

A new Para (capital – D) is added to Section 2 (Indian Quality Standards) to the General Notes Regarding Import Policy of ITC (HS), 2017 as under:

2(D) Import Policy for Toys/Dolls etc: Import policy for Toys/Dolls and similar other recreational goods under any chapter will be governed by BIS standards as specified in Policy Condition 2 of Chapter 95. 3. These issues have been examined and the following procedure is prescribed for implementing the changed policy condition for clearance of Toys:-
3.1 Importer may choose to file either (A) Warehouse Bills of Entry (B/E) under Section 59 of the Customs Act, 1962 and cleared under Section 68 and 69 of the Customs Act, 1962 through Ex-Bond B/E (B) B/E under Provisional Assessment with No Use Bond as per Section 18 of the Customs Act, 1962

(A)
Warehouse Bills of Entry (B/E) under Section 59 of the Customs Act, 1962 and cleared under Section 68 and 69 of the Customs Act, 1962 through Ex-Bond B/E (a) Procedure at the time of filing of Warehouse Bill of Entry:

The Importer or Custom Broker may file Warehouse Bill of Entry under Section 59 of the Customs Act, 1962, where the Importer/CB expects to obtain Test Reports from NABL accredited Lab within reasonable period as per the new Condition No.2 of the Chapter 95 of Import Policy.

    (b)  Procedure at the time of filing of Ex-Bond Bill of Entry: - 

The Importer or Custom Broker shall produce checklist of all Ex- Bond Bills of Entry either selected for assessment or RMS facilitated to the Group along with the Copy of Warehouse Bill of Entry of the same goods, Test Report and Certificate of Conformance as per new policy for assessment. The importer may clear the goods under Section 68 or 69 of the Customs Act, 1962 through Ex-Bond Bill of Entry, either for home consumption or for Export.

(B) Procedure at time of filing Bills of Entry under Provisional Assessment with “No Use” Bond.

(a) The Importer or Custom Broker may file Bill of Entry under provisional assessment with ‘No-Use Bond’ equivalent to the assessable value of the Consignment to obtain Srl No & authentication by concerned AC/DC of Assessing Group and clear the goods prior to receipt of Test report from NABL accredited Lab as per the new Condition No.2 of the Chapter 95 of Import Policy. A copy of the No Use Bond along with other relevant documents is to be compulsorily uploaded on e-sanchit. (b) The Importer or CB shall declare that the said imported goods will not be sold in the market till test report conform the required standard as per the new Condition No.2 of the Chapter 95 of Import Policy (c) In case, if sample drawn fails to meet the required standards as prescribed by the (BIS), the consignment will be sent back to overseas supplier or destroyed at their cost as per revised Notification No.33/2015-20 dated 02.12.2019 issued by the DGFT, New Delhi.
(d) The Importer / Custom Broker has to ensure the testing of the toys in the identified NABL accredited lab. Representative sample from each type of Toy declared in the consignment has to be drawn at the time of examination and the same shall be sent for testing to one of the NABL accredited laboratories, nominated for this purpose by this Custom House, as listed below in this Public Notice. The Importer or Custom Broker has to ensure the submission of the Test Report within reasonable time from the date of assessment of the Bill of Entry. (e) In case the sample meets the required standard, the Importer / Customs Broker will get the No Use Bond cancelled and the same shall be returned by the Assessing Group.

3.2 If the sample drawn fails to meet the required standards as per the new Condition No.2 of the Chapter 95 of Import Policy, the Importer / Customs Broker has to bring back the shipment to the Concerned Dock from where the ‘Out of Charge (OOC)’ was granted for further proceedings by the NCH Customs at the cost of the Importer/CB. The assessing officer shall give order that the consignment will be sent back to overseas supplier or destroyed at the cost of importer.

The following labs are nominated for purpose of testing of the sample for compliance of “DGFT Notification” No. 33/2015-2020 dated 02.12.2019:

  (i) Eko Pro Engineers Pvt Ltd,  

Ghaziabad (ii) Geo- Chem Laboratory,

Gurgaon

  (iii) Intertek India Pvt Limited 

Gurugram (iv) Reliable Analytical Laboratories Pvt Ltd
Thane (v) Alpha Test House

Bahadurgarh (vi) Sigma Test & Research Centre

New Delhi

The nominated labs are to ensure that the received representative samples are found with Customs seal intact and such samples should be tested within reasonable time from the date of receipt of the sample and the test report should be forwarded at the earliest. A proper record of sample received from Customs and test reports submitted should also be maintained for future reference.

Importer has to submit “No Use Bond” in the Prescribed Format attached as “Annexure – A” with this Public Notice.

Difficulties, if any, faced in implementation of this Public Notice may be brought to the notice of the Asstt./Dy. Commissioner in-charge of “Group.VI” on Tel. No. 022-22757007.

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.

(MANOJ KUMAR KEDIA) Commissioner of Customs, Import-I, New Custom House, Mumbai-I.

Copy to:

1. The Principal Chief Commissioner of Customs, Mumbai Zone-I, NCH.
2. The Commissioner of Customs, Import-I & II, NCH.
3. All Additional / Joint Commissioners of Customs, NCH.
4. All Deputy / Assistant Commissioner of Customs, NCH.
5. All Sections / Groups of NCH.
6. Representative of BCBA / FIEO for information and circulation among their
   Members for information.
7. AC/DC, EDI for uploading on NCH website immediately

“ANNEXURE – A” To The Asstt./Dy. Commissioner of Customs, Group VI, New Custom House, Ballard Estate, Mumbai – I. NO USE BOND Known all by these presents that M/s

(IEC No.____________) having registered office at ----------------------------------------------------- -----, hereinafter referred to as “Importer” which expression shall unless or excluded by or repugnant to the context include their successors hereby firmly bind over selves to the President of India (hereinafter referred to as the Government) by the Commissioner of Customs, Import I New Custom House (NCH),Customs Zone I Mumbai, hereinafter called the Commissioner which expression shall include the person for the time being performing the duties of the Commissioner of Customs, Import I New Custom House (NCH) Mumbai.

Sealed with our Seal with this dated ----------.

The Deputy/Assistant Commissioner of Customs (hereinafter called the proper officer) has agreed to make assessment of the goods described in schedule below imported by the Importer pending submission of further documents Test Report and furnishing information and proper officer has agreed to allow clearance of the goods.

NOW THE CONDITION OF THE ABOVE ‘NO USE BOND’ ARE SUCH THAT

(i) The policy conditions as stipulated in condition 2 (i) and 2(ii) of Notification No 26/2015-2020 dated 01.09.2017 and the policy condition no 2 (iii) to Chapter 95 of ITC (HS), 2017 – Schedule – 1 (Import Policy) incorporated by DGFT vide Notification 33/2015-2020 dated 02.12.2019 shall be followed.

(ii) The product will not be sold in the market till successful testing of the sample by the NABL accredited laboratories, nominated for this purpose by this Custom House, as listed in NCH Public Notice No ________ of 2019 dated _________.
. (iii) The Test Report will be submitted within reasonable time from the date of assessment of the Bill of Entry.

(iv) In case the sample fails to meet the required standard the consignment will be brought back to the Dock from where Out of Charge (OOC) was granted for further proceedings by the New Custom House, Mumbai-I.

    (v) The case will be adjudicated in the Assessing Group and that the consignment 

will be either sent back to overseas supplier or destroyed at the cost of importer.

SCHEDULE OF THE GOODS

(I) Bill of Entry No & Date:
(II) Name of the Vessel:
(III) Description of the Goods: (IV) Country of Origin: (V) Quantity:
(VI) Assessable Value: (VII) Duty Amount: (VIII) Bond Value:

Witness 1.