F.No.450/29/2011-Cus-IV
Government of
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
227-B, North Block,
New Delhi-110001.
15th April, 2011.
To
All Chief Commissioners of Customs / Customs (Prev).
All Chief Commissioners of Customs & Central Excise.
All Commissioners of Customs / Customs (Prev).
All Commissioners of Customs (Appeals).
All Commissioners of Customs & Central Excise.
All Commissioners of Customs & Central Excise (Appeals).
Subject: Compliance of DGFT Notification No. 44 (RE-2000)/1997-2002 dated 24.11.2000 - Labeling of goods in bond prior to Ex-bond clearance – regarding.
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Sir / Madam,
Representations have been received about difficulties being faced by importers in carrying out labeling of certain commodities which are small sized and sensitive to heat and dust in CFSs prior to clearance of the same under the provisions of DGFT Notification No.44 (RE-2000)/1997-2002 dated 24.11.2000. The problem is further compounded due to shortage of space in various CFSs. It has been represented that importers should be allowed to carry out the labeling activities as mandated under DGFT Notification No.44 (RE-2000)/1997-2002 dated 24.11.2000 in the warehouse before the clearance of the goods by the proper officer of Customs for home consumption.
2. DGFT Notification No.44 (RE-2000)/1997-2002 dated 24.11.2000 provides for labeling of the goods imported into India which are covered by the provisions of ‘Standards of Weights & Measures (Packaged Commodities) Rules, 1977’. This Notification mandates that compliance of labeling conditions have to be ensured before the import consignment of such commodities are cleared by Customs for home consumption.
3. The matter has been examined in the Board. In order to redress the issue and to remove the difficulties faced by importers on account of space constraints at CFSs/ Port / ICDs and the nature of goods, etc., it has been decided to extend the facility of labeling on imported goods in Bonded warehouses subject to certain procedural conditions.
4. In this regard, it is clarified that the importers should first ascertain that for such marking / labeling facility, space, is available in warehouse prior to exercising this option. In such cases, importers may file Warehousing Bill of Entry. The assessing group will give suitable directions to Dock staff to allow bonding of the goods without labeling and with endorsement on the Warehousing Bill of Entry that verification of compliance of DGFT Notification No.44 (RE-2000)/1997-2002 is to be done prior to de-bonding by Bond Superintendent. The goods will be labeled in the bonded premises and compliance of DGFT Notification No.44 (RE-2000)/1997-2002 will be ensured at the time of ex-bonding of the goods, by the Bond Officer, by examining the goods again and endorsing the Examination Report on the Ex-bond Bill of Entry. It is provided that 100% examination at the time of Ex-bond clearance of goods should be done to ensure compliance of DGFT Notification No. 44 (RE-2000)/1997-2002. The Examination Report can be endorsed on hard copy of Ex-bond Bill of Entry where EDI facility is not extended, and on hard copy as well as EDI system where EDI facility is extended to Bonded Warehouses. It is also clarified that this facility is applicable only to goods that cannot be easily labeled in ports / CFS, having regard to their size and other factors such as sensitivity to temperature and dust.
5. Further, as the activity of labeling and re-labeling including declaration of Retail Sale Price (RSP) on goods amounts to manufacture in terms of section 2(f) of the Central Excise Act, 1944, if the same is carried out on goods warehoused, it would be considered as manufacturing operations having been undertaken in bond / warehouse and accordingly, the provisions of ‘Manufacture and Other Operations in Warehouse Regulations, 1966’ would apply on those goods. Importers can, therefore, avail the facility of carrying out labeling in warehouse after following above procedure and the provisions of ‘Manufacture and Other Operations in Warehouse Regulations, 1966’.
6. Suitable trade notice / standing order may be issued to guide the trade and industry in this regard.
7. Difficulty faced, if any, in implementation of these instructions may be brought to the notice of the Board immediately.
Yours faithfully,
( R. P. Singh )
Director (Customs)
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Circular No. 20 /2011-Customs
F. No. 528/76/2007-Cus (TU)
Government of
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
To
All Chief Commissioners of Customs/ Customs (Prev.)/ C&CE,
All Directors General of CBEC,
All Commissioners of Customs / Customs (Prev.) / C&CE
All Commissioners of Customs & Central Excise (Appeals).
Subject: Import of New trim Cutting Waste for use in manufacture of Chindi rugs- regarding.
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Sir / Madam,
Attention is invited to Board’s Circular No.40/2007-customs dated 29.10.2007 which provides that trim cutting waste or fabric trims of continuous length with maximum widtth restriction of two inches (2”) falling under heading 6310, required for manufacture of Chindi rugs shall not be subjected to restrictions imposed by the present policy of ITC (HS) Code 6310 and shall be cleared without an import licence. Representations have been received in the Board from manufacturers of Chindi rugs that the requirement of trim cuttings waste or fabric trims of continuous length with a maximum widtth restriction of up to two Inches (2”) for manufacture of their final product should be relaxed and maximum widtth restriction of upto 10 Inches (10”) may be allowed. In view of this, the matter was referred to Director General of Foreign Trade (DGFT) for necessary clarification.
2. It has now been informed by the DGFT that it recommends the import of trim cuttings waste or fabric trims of continuous length with maximum widtth restriction up to ten inches (10”). It is also intimated by DGFT that CBEC may issue instruction to the field formations for exemption from the requirement of licence for such goods.
3. Accordingly it is clarified that import of trim cutting waste or fabric trims of continuous length with maximum widtth restriction of ten inches (10”) falling under heading 6310, required for manufacture of Chindi rugs shall not be subjected to restrictions imposed by the present policy of ITC (HS) Code 6310 and shall be cleared without an import licence.
4. Suitable instructions may accordingly be given to the field formations.
Yours faithfully,
(Subodh Singh),
OSD (Customs), Tariff Unit
CAclubindia
