Streamlining the procedure for the destruction/ re-export of goods in

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File No.CUS/APR/MISC/54/2020-GR-6-0/O COMMR-CUS-IMP-I-ZONE-I-MUMBAI

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! NER M : R.VI, N H ESTAT MUMBAI - 400 001.

PUBLIC NOTICE no. 72 {2020

Subject: Streamlining the procedure for the destruction/re-export of goods in the light of import of Toys when sample report fails by NABL Labs.

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 and Public Notice No. 121/2019 dated 24.12.2019 issued by the Commissioner of Customs (Import-I) for the import of Toys.

2. The detailed procedure has been prescribed for implementing amendment in Policy Condition No. 2{iii) to Chapter 95 of ITC (HS), 2017 Schedule I (Import Policy) vide Public Notice No. 121/2019 dated 24.12.2019 issued by the Commissioner of Customs ({Import-I), NCH, Mumbai.

2.1 In this regard, further following procedure is prescribed in case the sample of toy FAILS to meet the required standard.

(a} After receipt of test result from the NABL Lab which indicate that the sample of Toy fails to meet required standard, a copy of said report shall be forwarded to the importer & CB intimating about the FAIL test report immediately and also ask whether importer/CB wishes to re-export the said consignment or destroy the same and cost of the destruction of goods will be borne by the importer.

’ File No.CUS/APR/MISC/54/2020-GR-6-O0/O COMMR-CUS-IMP-I-ZONE-I-MUMBAI

(b) The importer/CB shall submit reply to the assessing group within 7 days of . receipt of the above said letter.

(c) On receipt of the reply from the importer, the concerned adjudicating authority shall adjudicate the case with penal action for violation of Import Policy as per the provisions of the Customs Act, 1962 and rules/regulations made thereunder with the direction for depositing the goods with the Disposal Section (in case of destruction) for necessary action in this matter or to AC/DC (Docks/Import/Export) in case of re-export of goods. The goods being deposited for destruction /re-export are to be verified vis-a-vis the representative samples drawn at the time of Import.

(d) The copy of adjudication order shall be marked to the Asstt. /Deputy Commissioner of Customs (Disposal) for taking custody of the confiscated goods for destruction.

(e) In case of goods are to be re-exported as per adjudication order, a copy of the adjudication order shall be marked to Asstt. /Deputy Commissioner of Customs (Docks/Import/Export) for further action in the matter.

(f} The assessing group also intimate regarding non-filing of appeal by the importer and ‘No Objection Certificate (NOC)’ for disposal by destruction or reexport to the AC/DC (Disposal) or (Docks/Import/Export) on completion of appeal period or if importer gives in writing for non-filing of appeal by them respectively, as the case may be.

(g) On completion of destruction/re-export as the case may be, the AC/DC of Disposal Section or Export Docks as the case maybe shall inform the concerned adjudicating authority.

File No.CUS/APR/MISC/54/2020-GR-6-O/O COMMR-CUS-IMP-I-ZONE-I-MUMBA!

3. 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.

4, 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.

yw aa ; “yo (MANWheonank eatay Commissioner of Customs, Import-l, New Custom House, Mumbai-!.

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