Government of India
Ministry of Finance
Department of Revenue
(Central Board of Excise and Customs)
227 –B, North Block
Circular No. 10/2014-Customs
New Delhi, dated 17.10.2014
To,
All Chief Commissioners of Customs/Customs (Preventive)
All Chief Commissioners of Customs and Central Excise
All Commissioners of Customs
All Commissioners of Customs and Central Excise
Sir / Madam,
Subject :- Import of Pesticides-reg.
Reference is invited to Board Circular No 7/2014-Cus dated 7.04.2014 on
compliance of Order of Hon’ble High Court of Gujarat regarding import of
formulations into India which lays down that Commissioner of customs concerned
should ensure that in case of import of formulations, the samples of its
technical grade / material is tested. For this purpose actual physical sample of
each technical grade of each consignment has to be provided by the importer
which will be subjected to all tests applicable to the indigenous manufacturer
such as the examination of the chemical composition, test with regard to bio
efficacy as well as its probable effect on the soil and human life.
- The matter has been re-examined in the light of Order dated 28.03.2014 in
Misc Civil Application No. 2483 of 2013 and Misc. Civil Application No 2496 of
2013 of High Court of Gujarat and in consultation with Department of
Agriculture. It is, accordingly, clarified that the technical grade/ material
shall not be insisted upon with each imported consignment of formulation once
such technical grade/ material has been supplied for the purpose of analysis and
scrutiny prior to the registration. Further, each consignment of formulation
which is imported should be verified and tested so that it matches with the
technical grade material regarding specification and quality.
- Board Circular No 7/2014- Cus dated 7.04.2014 stands modified to the above
extent.
- Suitable Public notice may be issued for guidance of staff and trade.
Yours sincerely,
(R.P.Singh)
Director (Customs)
F. No. 450/23/2014-Cus IV