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Testing of goods exported under DEEC/ Drawback/ Pass Book Schemes
Circular No.
57 dated 31st October 1997
During the meeting
with Commerce Minister held on 23rd October, 1997 to discuss the problems of the
exporters, it was pointed out that clearance of export goods under the Export
Promotion Scheme, logging of DEEC Books and payment of Drawback were delayed on
account of frequent drawl of samples and the inordinate time taken to issue Test
Reports. It was explained that Mumbai Custom House has already streamlined the
procedure for testing of goods and rationalise the need for drawl of samples. In
this connection a copy of Mumbai Customs House Standing Order/ Public Notice is
enclosed for guidance. The procedure contained in the enclosed Standing Order/
Public Notice should be henceforth followed in all the Custom Houses as a
measure of export facilitation.
Public Notice
Regarding
testing of goods exported under DEEC and Pass Book Schemes
Attention of Importers/ Exporters/ CHAs and all
other concerned is invited to this Custom House Public Notice No. 18 & 19
both dated 31.1.95 and Public Notice No. 150 dated 20.9.95. In terms of the
said Public Notices the logging of DEEC export book is allowed only after the
required test results. Wherever applicable are available similarly. In cases of
Pass Book Scheme the credit is allowed in the Pass Book only after the Test
results have been obtained. A number of representations have been received from
the trade stating that due to delay in obtaining the test results. A lot of
money is blocked, as the DEEC Books are not logged/ credit not allowed in the
Pass Book, which has a detrimental effect on the export effort. The matter has
been examined. As a measure of export facilitation, it has been decided that
following facilities shall be available to the manufacturer exporters in so far
as testing of export samples under the DEEC/ Pass Book Scheme is concerned.
2.
In the case of manufacturer exporters who have In house testing
facilities, samples may not be drawn and the In house Test results may be relied
upon for the purpose of logging of DEEC export book as well as verification of
credit under the Pass Book Scheme; provided the In house testing facility of the
manufacturer exporter has been recognised as follows;
(a) The manufacturer exporter has
been awarded GMP (Good Manufacturing Practices) certificate by the concerned
Drug controller; or
(b) The In house testing facilities
are approved by ISI/ CSIR/ Ministry of Science and Technologyor the nodal Ministry; or
(c)
The manufacturer exporter has been awarded ISO 9002 certification.
In such cases, the exporter has been to enclose a copy of the In house
test certificate with the Shipping Bill.
3.
Further, where the samples of the export product have earlier been drawn
by the Central Excise authorities and test results of the same are available,
these test results can be relied upon for the purpose of exports under the said
Schemes provided the said test reports bring out the technical characteristics
of the inputs as required to be ascertained under the Scheme (s). In such cases
the manufacturer exporters would be required to obtain a copy of the test result
duly certified by the jurisdictional Central Excise Updated and submit the same
alongwith the factory examination report of the export consignment. The test
results obtained from the Central Excise test laboratories shall be valid for
six months from the date of their issue, for the purpose of waiving the drawal
of samples under DEEC/ Pass Book Schemes.
4.
The above facilities shall be allowed to only manufacturer exporters.
However, Customs would have the right to draw samples by surprise, go in for a
detailed verification/ testing etc., without assigning any reasons whatsoever.
5. This Public Notice
comes into effect immediately.
S.O.No.7181/96
Appraising
Group VII
New Customs
House
Ballard
Estate
Mumbai -
400038
Date: 1.2.96
Standing Order
Regarding testing of goods exported under DEEC and
Pass Book Schemes
Attention of
all officers and Staff is invited to this Custom House Standing Order No. 7078
dated 20.1.95 and Standing Order No. 7131 dated 21.9.95 regarding procedure for
export/ import under DEEC, Pass Book Schemes respectively. Specific attention is
invited to para 2.3.4. of the Standing Order No. 7080 and para 5 of the Standing
Order No. 7131 which provide that in case the goods are required to be
chemically tested, the sample of the first consignment shall be necessarily sent
for test. The subsequent samples may be sent for test on the basis of one out 10
consignments to be drawn at random and with an element of surprise. It has been
observed that the Custom House Laboratory is not adequately equipped to handle
the present workload. Consequently, the test results are delayed which lead to
delay in logging of DEEC Export Book and verifications from the Trade. As
measure of export facilitation and with a view to reduce the workload on the
Custom House Laboratory, following instructions are issued with immediate
effect.
2.
In the case of manufacturer exporter who have In house testing
facilities, samples may not be drawn and the In house Test results, a copy of
which is to be enclosed with the Shipping Bill, may be relied upon for the
purpose of logging of DEEC export book as well as verification of credit under
the Pass Book Scheme, provided the In house testing facility of the manufacturer
exporter has been recognised as follows;
(a) The manufacturer exporter has
been awarded GMP (Good Manufacturing Practices)certificateby the concerned DrugController; or
(b) The In house testing facilities
are approved by ISI/ CSIR/ Ministry of Science & Technology ornodal Ministry; or
(c) The
manufacturer exporter has been awarded ISO 9002 certification.
3.
Further, where the samples of the export product have earlier been drawn
by the Central Excise authorities and test results of the same are available,
these test results can be relied upon for the purpose of exports under the said
Schemes provided the test reports clearly bring out the nature and technical
characteristics of the inputs as required to be ascertained under the Scheme
(s). In such cases the manufacturer exporters would be required to obtain a copy
of the test result duly certified by the jurisdictional Central Excise
Superintendent and submit the same alongwith the factory examination report of
the export consignment. The test results obtained from the Central Excise test
laboratories shall be valid for six months from the date of their issue, for the
purpose of waiving the drawal of samples Under DEEC/ Pass Book Schemes.
4.
The above facilities shall be allowed to only manufacture exporters. In
case any export of the manufacturer exporter come to adverse notice by Customs
or by any other agency, the facilities as extended in para 2 & 3 above shall
be discontinue forth with. Notwithstanding anything in this Standing Order the
Department retains the right of drawing the samples by surprise at any time.
5.
In respect of Merchant exporters the procedure as prescribed in Standing
Order No. 7078 and 7131 shall continue to be followed.
6. This standing
order comes into effect immediately.
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