TaxTMI 
TaxTMI 
Customs (Assistance in Value Declaration of identified Imported Goods) Rules, 2023- reg.
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.... TAXES AND CUSTOMS NOTIFICATION No. 03/2023-Customs (N.T) New Delhi, dated the 11th January 2023 G.S.R. .(E).- In exercise of the powers conferred by section 156 read with section 14 of the Customs Act, 1962 (52 of 1962), the Central Government, hereby makes the following rules, namely:- 1. Short title and commencement.- (1) These rules may be called the Customs (Assistance in Value Declaration of Identified Imported Goods) Rules, 2023. (2) They shall come into force on 11th day of February, 2023 2. Definitions.- (1) In these rules, unless the context otherwise requires,- (a) "Act" means the Customs Act, 1962 (52 of 1962); (b) "Additional Director General" shall include "Principal Additional Director General"; (c) "Chief Commissioner" shall include "Principal Chief Commissioner"; (d) "class of imported goods" means imported goods that are within a group or range of imported goods produced by a particular industry or industrial sector and includes identical goods or similar goods; (e) "Commissioner" shall include "Principal Commissioner"; (f) "Director General" shall include "Principal Director General"; ....
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....(iv) of the second proviso to sub-section (1) of section 14 of the Act, where in respect of any class of imported goods or a subset thereof, the Board, having regard to the trend of the declared value of such goods or any other relevant criteria, has reason to believe that such goods may not be declared at their truthful or accurate value but below it, the Board may, by an Order, specify such goods as identified goods in accordance with rule 10. 6. Sources for examining cases for identified goods.- (1) For the purpose of rule 5, the Board shall rely upon a written reference made to it electronically by any person having reason to believe that the value of any class of imported goods or a subset thereof may not be declared truthfully or accurately: Provided that the reference may also be made by an officer of Customs, namely a Commissioner or Additional Director General, or a person representing any other Government Department. (2) The written reference referred to in sub-rule (1) shall be accompanied with - (a) disclosure of name, full address, mobile number, email and other contact details of the person, along with proof of identity and proof of address: Pr....
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....inary findings recorded by the Screening Committee the written reference is not found suitable for detailed examination, the Screening Committee shall record the reasons thereof and close the said reference. 8. Detailed examination by Evaluation Committee.- (1) The written reference or part thereof, found suitable for detailed examination in terms of sub-rule (4) of rule 7 shall be comprehensively examined by the Evaluation Committee to assess the likelihood, based on the preponderance of probabilities, whether the value of the relevant class of goods or a subset thereof may not be declared truthfully or accurately and for this purpose, the Evaluation Committee may undertake data analysis and take into account the following additional information such as- (a) trend in international prices from relevant sources keeping in view quality and nature of goods; (b) information received through stakeholder consultation or disclosures; (c) reports or certificates of experts; academic papers; research papers; published reports; open-source intelligence; reports originating from source country or despatch ports, including reports of overseas enquiry or verificati....
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....; (f) other additional obligations of the importer for demonstrating the truthfulness and accuracy of the declared value; Explanation: For the purposes of clause (f), the Evaluation Committee, after examining the facts and circumstances of the case, shall specify in its report other additional obligations of the importer which may include inter alia furnishing manufacturer invoice, manufacturer test report, expert certification issued in the country of origin, manufacturing process from the manufacturer, costing in relation to manufacture or assembly of goods, purchase order or contract; (g) the checks to be exercised with respect to the imported goods, including the circumstances and manner of exercising them; and (h) the duration, not below one year and not exceeding two years in the first instance, for which the said additional obligations and the additional checks shall be applied. (5) The report referred at sub-rule (4) shall include the nature of imports to which these rules may be considered for not being applied in terms of clause (j) of rule 13. (6) The aspects in the report referred at sub-rule (4) shall be such as are....
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....d the aspect specified at clause (c) of sub-rule (1) of rule 10 at the time of filing bill of entry. (2) Where required by the Customs Automated System, the importer of identified goods shall also fulfill the specified additional obligations, and the assessment of goods or the goods themselves shall be subjected to specified checks so as to enable and assist the importer to demonstrate the truthfulness and accuracy of the declared value. (3) Where the importer has not already fulfilled the specified additional obligations on the Customs Automated System, the proper officer shall provide a time period of ten days for fulfilling such obligations. (4) The proper officer may, in addition to the specified obligations and for reasons to be recorded in writing, ask for further information and documents from the importer to examine the truthfulness and accuracy of the declared value. (5) On the request of the importer, the proper officer may provisionally assess and clear the goods, subject to importer furnishing appropriate security in terms of section 18 of the Act. (6) Where, upon production of requisite information or documents and fulfilmen....