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OFFICE
OF THE COMMISSIONER OF CUSTOMS, |
PUBLIC NOTICE NO.
187 / 2001
In pursuance of
Public
Notice No.192/2001 dated 06.08.2001, clarification to Notification
No.36/2001-Customs (N.T.) received from Board vide F.No.467/77/2001-CUS.V.
(Pt.) dated 10.08.2001, is reproduced below for the guidance of the importers,
clearing agents and trading public.
C16/92/2001-AP (PORT) (S.
SANKARAVADIVELU)
CUSTOM HOUSE, CHENNAI-1. DY. COMMR. OF CUSTOMS (APPG)
DATE: 27.08.2001
______________________________________________________________________
Attention is invited to Notification
36/2001-Cus (N.T.), dated 3rd August 2001, issued by the Central
government laying down tariff values in respect of Crude Palm Oil, RBD Palm
Oil, and RBD Palmolein falling under Chapter 15 of the First Schedule to the
Customs Tariff Act, 1975. Certain doubts appear to have been raised in trade
& industry circles in regard to date of effect of these tariff values
specially w.r.t. consignments which have already arrived and are pending clearances
for home consumption - whether from the port/air cargo/ICDs etc. or from
warehouses. Some doubts on other related issues are also being raised. These
have been examined and the position is clarified as follows: -
(i)
As the notification has been issued by the Central
Government for publication in the Gazette of India Extraordinary, on 3rd
August, the said notification becomes effective from 3rd August,
2001 itself;
(ii)
The tariff values laid down in the said notification are
values to be taken for assessment purposes and are thus inclusive of insurance,
freight, and landing charges;
(iii)
Section 15 of Customs Act, 1962 lays down the crucial date
for determination of Tariff Valuation (apart from rate of duty) - except for
baggage & imports by post. Thus, where Bills of entries for home
consumption have been filled under Section 46 before 3rd August,
then Tariff Values will not be applicable - unless it was a prior entry bill of
entry filed before entry inwards of the vessel. In the later category of cases,
it is the date of entry inwards which is crucial for applying Tariff Values.
Thus, if entry inwards for the related vessel is 3rd August or later
the new Tariff Values fixed for such home consumption bills of entries will
apply - even if the Bill of entry may have been filed earlier to 3rd
August;
(iv)
As regards goods cleared from a warehouse under section 68
of the Customs, 1962, Section 15(1)(b) of the Customs Act applies. Thus, if the
actual clearances from a warehouse take place on or after 3rd
August, Tariff Values will be applicable for determining value for assessment
purposes - even if ex-bond bill of entry may have been presented earlier to 3rd
August, 2001;
(v)
For the purposes of conversion of the Tariff Values as
notified in US$ into Indian rupees, the rate of exchange applicable shall be
the rate notified by the Central Government in the Department of Revenue from
time to time (under sub-clause (i) of clause (a) of sub-section (3) of section
14 of the Customs Act, 1962) and as in force on the date on which the bill of
entry is presented under section 46 of the Customs Act.
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