OFFICE OF THE COMMISSIONER OF CUSTOMS (NS-I, III& V),
APPRAISING MAIN (IMPORT),
JAWAHAR LAL NEHRU CUSTOM HOUSE, NHAVA- SHEVA, TAL-URAN,
F.No.S/22-Gen-324/2017-18 AM (I)
Standing Order No. 22/2017
Sub:-Procedure for clearance of cosmetic products – Reg.
Attention of all officers and concerned staff is invited towards the need to follow uniform standard procedure in case of import of cosmetic product being imported for retail sale. The cosmetic products packaged for retail sale are subjected to provisions contained in the Packaged Commodity Rules, 2011 as well as Drug and Cosmetics Act, 1940 and rules made thereunder. The cosmetic goods are required to bear the following information on the packages:
(a) Name of the product
(c) Name and address of the importer
(d) Name and address of the supplier
(f) CDSCO Reg Cert No.
(g) Batch No.
(h) Manufacturing date
(i) Expiry Date
2. At present the office of Assistant Drug Controller is giving No Objection Certificate for compliance of the conditions of the Drug and Cosmetics Act, 1940 at the premises of importers. This approval is being given on the strength of letter of guarantee submitted by the importer. Such letters of guarantee submitted by the importers are executed in the name of Commissioner of Customs. The requirement of information to be displayed under Drugs and Cosmetic Act are similar the Packaged Commodity Rules, 2011. Therefore, the requirement to display the statutory information cannot be left to be done at the premises of importer and that too without the knowledge of customs.
3. In order to ensure that the compliance of the Packaged Commodity Rules, 2011 as well as Drug and Cosmetics Act, 1940 in respect of the imports of cosmetic products packaged for retail sale the following procedure/ requirements are required to be strictly complied with:
(i) Where the statutory information is displayed at the port of loading of goods, importers may continue to file Bill of Entry for Home Consumption
(ii) Where the statutory information is deficient in any manner at the time of loading of goods at the port of export, the importers shall be directed to file Bill of Entry for Warehouse and after obtaining due permission will complete the labelling requirements. On completion of labelling requirements, the importers may clear the goods by way of filing Ex-Bond Bill of Entry.
(iii) Where the importer have filed the Bill of Entry for Home Consumption and on examination it has been noticed that the goods are deficient on statutory requirement, the same would be subjected to adjudication proceeding as the goods will become liable for confiscation under Section 111(d) of the Customs Act, 1962.
(iv) The Assistant/Deputy Commissioner of the Appraising Group or Dock shall not give permission to do the labelling of cosmetics in the docks premises in case of Bills of Entry filed for Home Consumption, without following adjudication proceedings.
4. All concerned are requested to monitor and supervise the implementation of the prescribed procedure by formations under their charge. Difficulties, if any, in implementation of the prescribed procedure may be brought to notice of the undersigned.
5. This issues with approval of the Chief Commissioner of Customs.
COMMISSIONER OF CUSTOMS, NS-III
1. The Chief Commissioner of Customs, Mumbai Zone-II.
2. All the Commissioners of Customs, JNCH
3. All the Addl/ Joint Commissioners of Customs, JNCH.
4. All the DC/ACs, JNCH.
5. DC/EDI, JNCH……. (soft copy for uploading)