P.N.NO. 139/2000							Appraising (Main)
IMP Supp.No.55							New Custom House,
EXP Supp No. 55                          					Ballard Estate
Price – 2.20                                                    			Mumbai -400 001.


								Date : 29.12.2000

PUBLIC NOTICE NO.139/2000

Sub:

Instructions regarding Notification No.44 (RE-2000)/1997-2002 dated 24.11.2000, Issued by Govt. of India, Ministry of Commerce and Industry, Department of Commerce-regarding.

Attention of all Importers, CHAs and other trade interests is invited to Notification No. 44(RE-2000)/1997-2002 dated 24.11.2000, issued by the Ministry of Commerce and Industry. Doubts have arisen regarding the date compliance of above mentioned notification and also the scope and applicability of the provisions of the Standards of Weights and Measures (Packaged Commodities) Rules,1977 as contemplated in the said notification. In this regard it is clarified that :

"Conditions imposed on import through the above mentioned notification shall not be applicable on imports where the irrevocable letter of credit was established prior to the date of notification and imports have been made within the original validity of such irrevocable letter of credit. It is further clarified, that these conditions shall not be applicable on imports where shipments have been made prior to date of notification as per Paragraph 15.14 of Handbook of Procedures, Volume I".

Representations have also been received seeking clarification whether provisions of the Standards of Weights and Measures(Packaged Commodities), Rules 1977 are also applicable to 131 products, listed in Notification No.44, on which quality standards have been applied. In this context, it is clarified that, provision regarding applicability of Indian Quality Standards on 131 products is an independent provision. The conditions regarding compliance of the provisions of the Standards of Weights and Measures(Packaged Commodities) Rules, 1977, will be applicable on import of all pre-packaged products, as these are applicable on similar domestically manufactures products.

All prepackaged commodities imported into India shall in particular carry the following declarations:

1. Name and address of the importer;
   
   
2. Generic or common name of the commodity packed;
   
   
3. Net quantity in terms of standard unit of weights and measures. If the net quantity in the imported package is given in any other unit, its equivalent in terms of standard units shall be declared by the importer ;
   
   
4. Month and year of packing in which the commodity is manufactured or packed or imported;
   
   
5. Maximum retail sale price at which the commodity in packaged form may be sold to the ultimate consumer. This price shall include all taxes local or otherwise, freight, transport charges, commission payable to dealers, and all charges towards advertising, delivery, packing forwarding and the like, as the case may be.

With a view to ensure uniform applicability of conditions regarding compliance of the provisions of the Standards of Weights and Measures (Packaged Commodities) Rules,1977 as prescribed in notification 44(RE-2000)/1997-2002 dated 24.11.2000 for all prepackaged commodities imported into India, it is clarified that "prepackaged commodity" [as defined in rule 2(1) of Standards of Weight and Measures(Packaged Commodities) Rules 1977] with its grammatical variations and cognate expressions, means a commodity[ or article or articles] which, without the purchaser being present, is placed in a package of whatever nature, so that the quantity of the product contained therein has a predetermined value and such value cannot be altered without the package or its lid or cap, as the case may be, being opened or undergoing a perceptible modification, and the expression "package", wherever it occurs, shall be construed as a package containing a pre-packed commodity;

Explanation (I) : Where, by reason merely of the opening of a package, no alteration is caused to the name, quantity, nature or characteristic of the commodity contained therein, such commodity shall be deemed, for the purposes of these rules, to be a pre-packed commodity for example, an electric bulb or fluorescent tube is a pre-packed commodity, even though the package containing it is required to be opened for testing the commodity.

Explanation (II) : Where a commodity consists of a number of components and these components are packed in one, two or more units for sale as a single commodity, such commodity shall be deemed, for the purpose of these rules, to be pre-packed commodity.

Importers, CHAs and other trade interests therefore, may take note of the same and ensure that conditions as enumerated in the Notification No. 44(RE-2000)/1997-2002 dated 24.11.2000 are complied to facilitate unhindered Customs clearance.

Sd/-
(M.C. THAKUR)
COMMISSIONER OF CUSTOMS(IMPORT)

F.NO.S/26-326/2000 A(G)

ATTESTED BY


DY.COMMISSIONER OF CUSTOMS,
APPRAISING (GENERAL),
MUMBAI.