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Circulars
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Regarding clarification regarding contract under PIR, 1986
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Purchase order as contract: qualifying purchase orders can serve as the deed of contract under Project Import Regulations.
A purchase order that contains the essential ingredients of a valid contract-free consent of competent parties, lawful consideration, lawful object, and not being void under statute-shall be treated as a deed of contract for the purpose of Regulation 5 of the Project Import Regulations, 1986; importers must apply for registration at the port and furnish the original deed along with a true copy, and pending cases should be finalized accordingly.
Debiting of 1% deposit of extra duty on account of provisional assessment of goods imported by 100% EOU/STP/EHTP units - Reg.
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Debit of duty foregone in B-17 bond for EOUs replaces provisional extra duty deposit, with certificate and final adjustment.
Where additional duty would otherwise be required on provisional assessment of imports by 100% EOUs, EOUs shall provisionally debit the duty foregone in a B-17 bond, produce a certificate from the jurisdictional Superintendent of EOU confirming the debit on the bills of entry provisionally assessed, and effect final adjustment of the duty foregone upon final assessment.
Provisional release of export - goods detained for investigation -reg.
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Provisional release of export goods: ensure prompt release on bond and security to prevent undue detention.
Provisional release of export goods detained for verification or suspected mis-declaration must be given, where permissible by law, on execution of bond and suitable security to cover redemption fine and penalty, with continued detention beyond a short period brought to the notice of the Commissioner of Customs. Commissioners must ensure strict compliance, issue Public Notices and Standing Orders, and avoid undue delays or hold ups except where goods are prohibited under law or policy.
Procedure to avail Chapter 3 (FTP 2009-14) Reward Schemes for exports from Foreign Post Office, New Delhi Launch of Pilot regarding
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Exports by post under reward schemes permitted - pilot allows postal exports to claim Chapter 3 incentives subject to PBE and customs checks.
Pilot permits exports by post from the Foreign Post Office, New Delhi to claim Chapter 3 reward schemes for exporters with valid IEC codes; duty credit scrips issued by DGFT must be registered at Delhi Airport and are not usable for imports by post. Exporters must file a manual Postal Bill of Export (PBE) in triplicate, comply with Customs Act documentation and postal CN23 requirements, and present consignments to FPO for postal tracking and custody. Customs will process PBEs like shipping bills with a noting section, perform specific package level examination, conduct sampling and testing as required, issue LET EXPORT endorsements, and require proof of export (Form CN38) from Postal Authorities within 48 hours for DGFT submission.
Regarding classification of products - “Cockroach traps”, and “Mosquito Repellent” in the harmonised Customs Tariff
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Tariff classification of insect control products directed as insecticides under the harmonized tariff, affecting customs categorisation.
Classification of "Cockroach traps" and "Mosquito repellent" patches depends on their function as substances or preparations that kill, repel, attract or otherwise control insects; applying the Harmonized System Explanatory Notes and GRI 1 and GRI 6, such products are to be treated as insecticidal preparations put up for retail sale, and not as adhesives, diagnostic reagents, plastic articles, or generic paper articles.
Regarding Harmonised Customs Tariff Classification of multifunction devices, referred to as “multifunction speaker system
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Harmonised customs tariff classification: principal function determines whether multifunction speaker systems fall under speaker, reproducing apparatus, or reception categories.
Classification of multifunction speaker systems must follow the General Rules for the Interpretation and Note 3 to Section XVI, focusing on the principal function. A speaker with only a USB port is classed as a loudspeaker; with USB playback as sound reproducing apparatus; with radio reception as reception apparatus for radio broadcasting; and with both radio and USB playback, if both functions are equally principal, the GRIs' tie breaking provision determines the heading. The Board directs application of these principles and compliance by field formations.
Audit Report No. 15/2011-2012, Section 2, Duty Drawback Scheme
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Duty drawback compliance requires due diligence on time barred claims and precise brand rate descriptions to avoid doubt.
Directs enforcement of due diligence in processing potentially time barred drawback claims under the re export drawback framework and requires careful application of re export rules when assessing such claims. Notes discrepancies between export documentation and Central Excise brand rate letters and mandates that brand rate letters must contain full, comprehensive and precisely matching descriptions of exported goods to eliminate ambiguity in drawback claim processing.
Notified as Customs Area - Inland Container Depot of Indev Logistics Pvt. Ltd.
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Customs area declaration expands an ICD with an added covered area under Customs Act authority to handle import export cargo.
Declaration of an additional covered area of the Indev Logistics ICD as a CUSTOMS AREA under the Customs Act for the handling of import and export cargo. The extension (north west side) is delineated by adjacent plots and existing ICD facilities-north: balance plot in B 7; west: plots A 11 and A 12; south: existing ICD yard; east: existing bonded warehouse-and becomes effective on the specified effective date.
Authorized Economic Operator (AEO) programme for implementation
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Authorized Economic Operator programme expands supply chain security requirements and grants reduced guarantees and inspection benefits for trade operators.
The AEO programme permits Indian legal entities in the international supply chain that demonstrate sustained customs compliance, financial solvency and prescribed cargo, premises, conveyance, personnel and business partner security measures to apply for certification; complete applications are validated through pre certification audits and on site verification, decided ordinarily within 90 days, and certified AEOs receive category specific facilitation such as reduced bank guarantees (max 5%), lowered examination rates, transit/transhipment concessions, expedited approvals and extended license validity, subject to ongoing review, suspension, revocation and appeal procedures.
Instructions regarding 'Handling of Cargo in Customs Area Regulations (HCCAR) 2009'
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Demarcated storage requirements: CCSPs must provide separate fumigation and post fumigation facilities to prevent cross contamination immediately.
Under HCCAR 2009, Regulation 6(1) requires CCSPs/custodians to demarcate separate storage areas by nature of goods or other criteria. The Board directs all CCSPs/custodians to provide separate, dedicated fumigation and post fumigation storage enclosures so Plant Quarantine Authorities can perform necessary checks on imports and exports. Commissioners of Customs must ensure immediate compliance and submit a compliance report by the deadline; any difficulties should be reported to the Board.
Standard Unit Quantity Code (UQC) - regarding.
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Standard Unit Quantity Code: mandate to declare the prescribed UQC in import/export declarations to ensure data quality.
The Customs Tariff Act prescribes a single Standard Unit Quantity Code for each tariff item and Customs formations must ensure the correct prescribed UQC is entered in Bills of Entry and Shipping Bills. The Directorate of Valuation will monitor correct UQC usage and DG (System) will modify software to mandate proper UQC declaration; implementation difficulties should be reported to the Board.
Clarification regarding applicability of the Pneumatic Tyres and Tubes for Automotive Vehicles (Quality Control) Order 2009 for used tyres
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Quality control applicability: Used pneumatic tyres not covered; imports allowed subject to trade policy and environmental consent.
The Quality Control Order (2009) covers newly manufactured pneumatic tyres and tubes, excluding old and used tyres; newly manufactured imports require BIS marking from 13.05.2011. Judicial observations about pre-effect stock apply only to domestic manufacturers and dealers, not to imports. Retreaded or used tyres under specified HS codes are restricted under the Foreign Trade Policy and subject to Policy Condition 1, while certain used rubber tyres with one cut bead wire under a different HS code are freely importable. Imports of used/retreaded tyres require compliance with Foreign Trade Policy and MoEF consent under the Hazardous Wastes Rules, 2008.
Appointment of Common Adjudicating Authority
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Adjudication assignment: Show Cause Notice under Customs Act reassigned to Jamnagar Commissioner for adjudication proceedings.
The Board assigns the Show Cause Notice issued by the Directorate of Revenue Intelligence, Ahmedabad Zonal Unit, in the matter concerning M/s Sai Inorganics and others, to the Commissioner of Customs (Preventive), Jamnagar, for the purpose of adjudication, effecting an administrative transfer of adjudicatory responsibility under the customs notification issued pursuant to the Customs Act.
Appointment of Common Adjudicating Authority
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Common Adjudicating Authority: show-cause notice assigned to Commissioner for adjudication under Customs Act by Board order.
The Central Board of Excise & Customs assigns a Show Cause Notice concerning M/s J.K. Enterprises and others to the Commissioner of Customs (Seaport Import) as the Common Adjudicating Authority, effecting an administrative transfer from the investigative unit to the designated adjudicating authority so the Commissioner may conduct statutory adjudication under the Customs Act.
Appointment of Common Adjudicating Authority
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Assignment of adjudication: Show Cause Notice by revenue intelligence referred to customs adjudicating authority for adjudication.
Under the enabling notification issued pursuant to the Customs Act, the Board assigns the Show Cause Notice dated 29.05.2013 issued by the Directorate of Revenue Intelligence, Mumbai Zonal Unit in respect of M/s Marvel Gem & Jewellery (P) Limited and M/s Mahapuja Products Limited to the Commissioner of Customs, CSI Airport, Mumbai for the purpose of adjudication and notifies relevant officers of the reassignment.
Appointment of Common Adjudicating Authority
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Assignment of adjudication: show cause notice reassigned to Commissioner of Customs for adjudication under Customs Act.
Assignment of adjudication of a specific show cause notice issued under the Customs Act is ordered, transferring the referenced notice concerning M/s Andrew Telecommunications India Pvt. Ltd. to the designated Commissioner of Customs (Import) for statutory adjudication, with copies circulated to the issuing investigative unit and other listed offices for information and compliance.
Appointment of Common Adjudicating Authority
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Adjudication assignment: administrative transfer of a Show Cause Notice to a designated customs adjudicating authority for hearing.
The Board assigns a Show Cause Notice issued by the Directorate of Revenue Intelligence to the Commissioner of Customs (Import) at Chennai Custom House for the purpose of adjudication, effecting an administrative transfer of adjudicatory jurisdiction under notification-based powers conferred by the Customs Act.
Appointment of Common Adjudicating Authority
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Assignment of adjudication: show cause notice transferred to Customs Commissioner to conduct statutory adjudication proceedings.
The Board assigns the Show Cause Notice issued by the investigative unit to the Commissioner of Customs (Port), Kolkata for the purpose of adjudication, effecting an administrative transfer of adjudicatory authority to enable the Commissioner to proceed with statutory adjudication procedures regarding the allegations set out in the notice.
Appointment of Common Adjudicating Authority
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Assignment of Show Cause Notice: adjudicatory responsibility transferred to designated Commissioner of Customs for adjudication.
The Board assigns the Show Cause Notice issued in a specified investigation to the Commissioner of Customs at a named customs office for the purpose of adjudication, transferring adjudicatory responsibility from the investigative authority to the designated customs adjudicating office and circulating copies to concerned offices for record-keeping.
Appointment of Common Adjudicating Authority
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Appointment of common adjudicating authority assigns a DRI show cause notice concerning Lalit Modi to Delhi Customs for adjudication.
The Board assigns Show Cause Notice F.No.DRI/MZU/E/10/2012 dated 12.04.2013 issued to an individual and a corporate entity to the Commissioner of Customs (Imports & General), IGI Airport, New Delhi for adjudication, pursuant to a notification issued under the Customs Act that authorises transfer of matters for adjudication; the order circulates the assignment to the issuing intelligence unit and relevant Customs formations for compliance.

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