Dear Professional Colleague,

Background

Attention is invited to the recent amendment in Section 14 of the Customs Act, 1962. This amendment enables the Board to specify the additional obligations of the importer in respect of a class of imported goods whose value is not being declared correctly, the criteria of selection of such goods, and the checks in respect of such goods.

This amendment is a measure to address the issue of undervaluation in imports.

Highlights of the draft rules

• Notification of identified goods

Where in respect of any class of imported goods, or subset thereof, the Board, having regard to the trend of declared value of such goods or any other relevant criteria, has reason to believe that such goods may not be declared at their accurate value, the Board may notify such goods as identified goods.

- Procedure for the Notification of undervalued goods

• Detailed written reference shall be made to it electronically by any person having reason to believe that the value of any class of imported goods or subset thereof may not be declared truthfully or accurately. This reference shall be forwarded electronically by the Board to the Screening Committee.
• The Screening Committee shall make preliminary examination of the reference. The reference, or part thereof, found suitable for detailed examination shall be comprehensively examined by the Evaluation Committee. Detailed report of the Evaluation Committee shall be sent to the Screening Committee.
• Where the Screening Committee concludes the likelihood that the value of the relevant class of goods or subset thereof may not be declared truthfully or accurately, it shall, within 15 days of the said report, forward its detailed recommendations to the Board.
• The Board shall consider the recommendations, and it may issue Notification specifying the identified goods.

• Exceptions.-

These rules shall not be applied to –

• imports not involving duty;
• goods for which tariff value has been fixed by the Board;
• goods that attract import duty on specific rate basis;
• imports where buyer and seller are related and an investigation on relationship has already been contemplated or finalized;
• Project imports;
• imports by Government, Public Sector Undertakings;
• imports made in non-commercial quantities;
• goods imported for the purpose of re-export; or
• imports specified by the Board.