Circular No.83/1999-Cus.dt.14th December 1999

Export of Excisable Goods-Self-certification and Reduced Percentage of Physical Examination


Subject: Simplification in procedure for movement of export goods on the basis of self certification and reduced percentage of physical examination Cit: Clarification regarding--

Sir,

I am directed 10 refer to CBEC Circular No.90/98-Cus. I dated 3.12.98 as amended by Circular No.35/99-Cus. dated 22.6.99 on the above subject. It has been brought to the notice of the Board that exporters are not able to avail of the facility of self-sealing of containers, as provided in Circular No. 98/98-Cus. dated 8.12.98 due to insistence on physical examination of all such containers at the Gateway Port by the Customs Authorities. It has also been reported that the Public Notice No. 47/99- Cus. dated 9.4.99, and Standing Order No.7444 dated 9.4.99 issued for this purpose by Commissioner of Customs (Export Promotion} are not in consonance with Board's Circular No. 99/98-Cus. I dated 8.12.98.

2. The matter has been examined by the Board and it is reiterated that at the Gateway Ports, for containers brought under self-sealing procedure, routine examination should be dispensed with. For such containers. as provided in para 3 of the said Circular. only one out of five containers should be opened for visual inspection of the content. Thereafter. from each opened container a minimum of two packages and maximum of 5% packages may be examined. The percentage of examination as provided in para7 of the said Circular is applicable to goods other than those under the self- sealing procedure brought to the Gateway ports for exports.

3. Form the reading of Public Notice and Standing Order issued by Commissioner of Customs (Export Promotion) referred to above. it appears that the examination percentage as prescribed in para 7of the said CBEC Circular has been made applicable for goods brought under the self-sealing procedure also, This was not the intention of the Board and therefore from Public Notice and Standing Order need to be amended in view of para above.

4. Attention of all concerned is also drawn to CBEC Circular No. 42/99- Cus., dated 1.7.99 wherein it was. inter-alia, provided that field formations must issue copies of the Board's Circular to the trade without changing the number or the language of the Circular. This Circular was issued to prevent divergent practices being followed in field based on local deviations, which creep into the Public Notice and Standing Orders issued by the Commissionerates. The instant problem arose due to different interpretation adopted by Commissioner of Customs (Export Promotion), Mumbai of Circular 90/98 dated 9.12.98 while issuing the said Public Notice and Standing Order. In view of this, it isreiteration that field formations must follow Board's Circular No.42/99-Cus., dated 1.7.99 while issuing the Public Notices and Standing Orders.

5. Please acknowledge the receipt of the letter. Difficulties, if any, in implementation of the aboveinstructions may be brought to the notice of the Board,



Sd/-
(Rajendra Singh)
Under Secretary to the Government of India

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