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International Trade Procedures and Documentation



                      Notes         6.   Correctness of documents:  The Customs Department is very particular about the
                                         genuineness of import documents submitted by the importer and asks him/CHA for
                                         misdeclarations/or incorrect information is found, Customs has the right to take legal
                                         course of action against such importers. It is, therefore, advised that importer/CHA should
                                         take all precautions to avoid such situations and should declare the documents with
                                         immense care.

                                    6.1.2 Assessment of Import Cargo

                                    All goods imported have to pass through the procedure of customs for proper examination,
                                    appraisal, assessment and evaluation. This helps the custom authorities to charge the proper tax
                                    and also check the goods against the illegal import.
                                    The documents submitted by importer are checked and assessed by Customs authorities and
                                    then goods are cleared. Section 17 provides that assessment of goods will be made after Bill of
                                    Entry is filed. Date stamp of receipt is put on the 'Bill of Entry' and then it is sent to appraising
                                    department either manually or electronically

                                    6.1.3 Harmonized System (HS)

                                    Harmonized System is an internationally agreed upon classification system for trade. The HS
                                    code is used by Customs agencies worldwide to assess duties, collect trade statistics, and generally
                                    to control imports and exports.
                                    1.   Proper assessment as per customs classifications: It is the duty of the appraising officer to
                                         assess the cargo as per the laid down procedure under various rules & regulations of
                                         customs classification. He shall take note of classification including various section or
                                         notes in assessing the cargo. He shall take note of the various exemption/export promotion
                                         schemes that have been enunciated by the Government of India for helping importers
                                         while assessing the cargo for payment of customs duty by them. He shall also take note of
                                         whether any restrictions/prohibitions/special import license/permission/permit is
                                         required in import of such commodities to the country. Some important responsibilities
                                         and functions of appraising officer are:

                                         (a)  Correct assessment of duty to be paid by the importer after having due regard to
                                              classification of goods imported by having proper look at the rules of interpretations,
                                              chapters and sections notes.
                                         (b)  Determining in the correct duty liability on importer involving cases where duty is
                                              determinable on ad-valorem basis. He shall cross-check the cases of under invoicing,
                                              etc. due to difference in actual value and invoice value.
                                         (c)  Taking proper note of various documents submitted by the importer in duty
                                              assessment and also checking the authenticity of such documents.
                                         (d)  Ensuring that assessment is proper or using his powers as delegated under Section
                                              14 of the Customs Act for re-determination of duty payable.

                                         (e)  Taking note of the various contemporaneous values and other information on
                                              valuation, available with the Custom House for duty assessment.
                                    2.   Representative sample for examination if under invoiced: In case the appraising officer is
                                         not satisfied with classification or description of cargo or he has doubt about the actual
                                         nature of product, he has the right under the Customs Act to take representative sample
                                         for a detailed examination of the nature of the goods or testing of its samples. He can pass
                                         an order regarding the drawing of representative sample for examination, so as to judge




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