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Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
Circular No. 43 /2017-Customs
North Block New Delhi,
16th November, 2017
To
All Pr. Chief Commissioners/Chief Commissioners of Customs/Customs
(Preventive)
All Pr. Chief Commissioners /Chief Commissioners of Customs and
Central Excise
All Pr. Commissioners/Commissioners of Customs/Customs
(Preventive)
All Pr. Commissioners/Commissioners of Customs and Central
Excise
Madam / Sir,
Subject: Forwarding of samples for testing to the Outside Laboratories- reg.
It has come to the notice of the Board that due to lack of testing facilities
of certain goods in Revenue Laboratories, there is delay in clearance of the
consignments of these goods due to avoidable movement of samples between Customs
field formations and Revenue Laboratories.
2. In this regard, CRCL has shortlisted the items whose samples cannot be
tested in their Laboratories at present and also identified the Laboratories
functioning under the other Ministries/Departments/Organizations where such
samples could be tested. The list of such items and corresponding testing
Laboratories are annexed herewith.
3. The Revenue Laboratories are, presently, in the process of up-gradation.
However, until Revenue Laboratories are upgraded, as a measure of trade
facilitation, the Board has decided that field formations may directly forward
samples of goods mentioned in column (3) of the Annexure I of this circular, to
the laboratories mentioned in column (4) of the said Annexure or any other
accredited laboratories empanelled by the concerned Commissionerate. The
procedure for forwarding the samples to the laboratories shall be as follows:
a. Customs formations should follow the respective standard sampling
technique prescribed by the concerned laboratory for the items under question.
The Commissionerate should ascertain sampling requirement with the laboratory
concerned before drawing samples from the consignment. The sampling requirements
may clearly be specified on the website of the Commissionerate.
b. In cases of live consignments which cannot be cleared without getting the
test reports due to its hazardous nature or for any other reason, the samples
shall be forwarded to the concerned laboratory at the earliest. Further, the
Commissionerates should develop a mechanism in consultation with the
laboratories so as to get the test report expeditiously and preferably online.
c. In cases where the time taken by laboratory exceeds three days, the
importer should invariably be given an option to warehouse goods under section
49 of the Customs Act.
d. Testing fee, if any, shall be paid by the importer or the exporter.
4. It is further clarified that aforementioned procedure shall not be
applicable in cases where Partner Government Agencies themselves draw the
sample.
5. In view of above, the Commissioners of Customs are requested to issue
suitable Public Notice based on aforementioned guidelines, prescribing detailed
procedures for empanelment of laboratories, techniques for drawing & dispatching
of samples, mechanism to receive online reports etc., for guidance of all
concerned.
6. Difficulty faced, if any, may be brought to the notice of the Board.
Yours faithfully,
-Sd
B. Konthoujam
Under Secretary (Cus III)
[F.
No. 401/243/2016-Cus-III ]
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