call-cum show cause notice call-cum show cause notice

2 years ago

I ordered skincare products and 1)it was declared as FOB/CIF value as pound sterling 0/ having no declared value (here after referred to as 'the said goods') imported by post for personal use thus falling under CTH 9804.

2)Where as the consignment on examination was found to contain face serum solution which falls under restricted goods category as drugs/medicines (form12) are drugs/medicines/chemicals, import of which is restricted under drugs and cosmetics act, 1940. Rule 36 of the drugs AND cosmetics rules,1945 provides that any drug, imported for personal use but not forming part of bona fide personal baggage, may be allowed to be imported subject to the following conditions, namely--

(i) the licensing authority, on an application made to it in Form 12-A is satisfied that the drug is for bonafide personal use.

(ii) the quantity to be imported is reasonable in the opinion of the licensing authority and is covered by prescription from a registered medical practionier and

iii) the licensing authority grants a permit in respect of the said drug in form 12-B
whereas the importer has neither submitted any license in form 12-B nor any prescription from a registered medical practitioner and objection is raised by Asst Drug Controller.

2b. The goods appear to be undervalued and the value declared appears liable for rejection and goods to be assessed at fair value, as per section 14 of customs act 1962. read with customs valuation (determination of value of imported goods), rules 2007

2c. The consignment appears to be mis-declared as gift, as the sender is e-bay seller / no seller details and thus does qualify as bonafied GIFT.

3a. Whereas the import of dutiable goods by letter, packet or parcel post is restricted except where such letter or packet bears a correct declaration stating the nature, weight and value, of the contents on the front side in terms of notification no.78-cus dated 02.04.1938.

4. The said goods appear to be liable for confiscation under the provision of section 111(m) and / or section 111(d) of customs act, 1962 and the importer appears to be liable for imposition of penalty under section 112(a) of the customs act, 1962.

5. now therefore, the importer is called upon to make a written submission and submit self certified copies of proper invoice and payment details and the required NOC/Licence/permission and in respect to observation at para 2) above, failing which the importer is required to show cause to Superintendent/ appraisal of customs, within 10 day of receipt of this notice as

a) the assessable value of said goods should not be arrived at as per section 14 of customs act, 1962.


so, Now what should I do as an importer.
pay the penalty of Rs. 500, submit my original invoice . but where will i get required NOC?

Anik

Responded 2 years ago

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A.Hi,
the government decides on products prohibitions and restrictions from time to time through international trade policy. To summarise, for particular items on import/export, a No Objection Certificate from the Commodity Board may be necessary in order to protect local commodity manufacturers, which in India is the Central Drugs Standard Control Organization. Forms 42 and 43 of the 1940 Drugs and Cosmetics Act govern the Directorate General of Health Services.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
the government decides on products prohibitions and restrictions from time to time through international trade policy. To summarise, a No Objection Certificate from the Commodity Board may be required for specific products on import/export in order to safeguard local commodity makers which in India is Central Drugs Standard Control Organization. Directorate General of Health Services which is form 42 and 43 of the the Drugs and Cosmetics Act, 1940.
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