Mumbai customs has notified 100 sensitive items for which details specifications
from a list of 22 must be declared in the bill of entry. The service center at the
port bill not accepts a bill of entry if the specifies detail is not given. Other
ports have followed suit. The Customs department is launching a special drive to
check under invoicing with the help of computer database. Special commissioner of
valuation at the mumbai port keeps a tab on the import value. Special cells in major
customos houses monitor each bill of entry. The valuation checks are in additional
to DRI and SVB monitoring. Commissioner of valuation has issued circulars to specify
floor values of item like zinc ash, brass scrap, palm oil, and polyester staple
fiber. The dispensation for specification in bill of entry will, apart from generating
data for the commissioner, give the assessing officer another way to compare values
between importers officer another way to compare values between imports and also
between various at different times.
An analysis of the items in the table attached to the trade notice shows commodities
ranging from garlic to almonds to fruit juices in the agriculture and processed
food category. Importers are required to give additional characteristic such as
dry or wet state in the declaration, besides stating the country of origin and grade.
The specific brand must be declared in the case of consumer goods like chocolate
and chewing-gum. Sensitive chemicals such as paraxylene, methanol, and isocyanate
must bear the manufacturer’s name and end -use in the bill of entry declaration
apart from grad and specification. Adhesives, floor covering, tyres, dyes, cosmetics
are some of the items where brand, model and specification in the information will
help the customs as there no separate fields for the additional data in the bill
of entry from or software, the detail is required in the item description field
itself. In the absence of new field, the database will not be able to access the
information. On the other hand, to clear assorted goods through customer is a difficult
task now as the bill of entry will run into a large number of pages. It will be
difficult to convince the customer on a single price for the consignment of assorted
goods.
In indian law as well as WTO, goods are valued at the transaction price when there
is no relationship between the buyer the seller and the sale price is the sole consideration
of the deal. Minimum import values laid out by the commissioner of valuation are
a clear violation of the WTO as well as the customs Tariff Act which relies on the
transaction value principal. Very soon, the commissioner will release floor prices
of specific brands or grades which will complicate trade transaction. The customs
is not concerned about detailed specification and bound to by the declaration of
the importer. Of course, they are free to examine the goods and classify them under
a specific heading or exemption notification depending upon the exact specification
noted at the examination stage by the inspector. A statistical copy of the bill
of entry may, however, ask for additional to monitor trade and make policy but the
customs should not enforce the detailed specification in the bill of entry itself.
The DGCIS too should amend its classification in the light of the customs circular.
IMPORTER-EXPORTER C0DE:- The DGFT has amended its rules to ensure
that the importer-exporter code is issued only to Indian entities. Any non resident
interest in a capital must be application. Those with non- repatriation benefit
must give a declaration that they are covered by general permission of the RBI and
no registration is required. Companies on the caution list of the RBI will be given
the code but they will be allowed to export only with the prior approval of the
RBI.
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