Customs Tariff classification of TV Tuners used with ADP machines of Harmonised Customs Tariff 8471

Circular No. 52/2011-Customs

F. No. 528/122/2011-STO (TU)

Government of India

Ministry of Finance

Department of Revenue

Central Board of Excise & Customs

229A, North Block, New Delhi,

11^th November, 2011.

To

All Chief Commissioners / Commissioner of Customs / Customs (Prev.),

All Chief Commissioners / Commissioners of Customs & Central Excise,

All Director Generals under CBEC.

Subject:   Customs Tariff classification of TV Tuners used with ADP machines of Harmonised Customs Tariff 8471 - Regarding

****

Sir / Madam,

            References have been received on divergent practices being followed by field formations regarding classification of TV tuners. It was reported that external TV tuners are being classified in heading 8528 or 8529, and internal PCI TV tuners / cards are being classified in subheading 8528 or 8529 or subheading 8473. 

2.         These issues were discussed during Conference of Chief Commissioners of Customs held on 9^th-10^th May, 2011 in Bangalore. There was agreement on principal function ofTV tuners and it was held that said device provide the television function through the reception of broadcast signal from television station and conversion in to audio and video information of the broadcast signal enabling television broadcasts to be viewed on the screen. Broadly, there are two types of TV tuners, viz., (i) internal PCI TV Tuner / card, and (ii) external TV Tuner.

3.         Reportedly, an internal PCI TV tuner is a device that is connected to the expansion port of the motherboard of Automatic Data Processing (ADP) machine of heading 8471. An external TV Tuner is generally not connected to the PC expansion bus. Reportedly, in such cases the TV signals are controlled and processed by the tuner and the television is operated independently from the regular computer functions without the use of any software and the computer does not have to be turned on for one to receive television broadcast signals. Some external TV tuners are connected as USB device as well. TV Tuner is a device for reception of television broadcast signal as well as a conversion device. However, even if this device does function as a dual device with each function operating independently, the principal function of the device is critical in determining its classification in terms ofNote 3 to Section XVI of first Schedule to the Customs Tariff Act, 1975, which states that unless the context requires otherwise, machines adapted for the purpose of performing two or more complimentary or alternative functions are to be classified as if consisting only of that component or being that machine which performs the principal function.

4.         The principal function of TV tuner is reception of television broadcast signal and hence the applicable subheading under consideration is in 8528 which includes: “Reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus:

85287100: Not designed to incorporate a video display or screen”

-2-

Harmonised System Commodity Explanatory Notes to heading 8528 states that, “Monitors and projectors may be capable of receiving a variety of signals from different sources.  However, if they incorporate a television tuner they are considered to be reception apparatus for television.” Further, for subheading Reception Apparatus for Television Harmonised System Commodity Explanatory Notes mentions that, “receivers are intended to be used with video recording or reproducing apparatus, monitors, projectors or televisions.  However, devices which simply isolate high-frequency television signals (sometimes called video tuners) are to be classified as parts in heading 85.29.”

5.         The issues raised have been examined by the Board. External TV Tuners merit classification under CTH 8528 on application of GIR 1, 6 and read with Note 3 to section XVI and Chapter Notes. As regard to Internal TV Tuners cards it is observed that generally these cards are connected to the ADP via a peripheral component interconnect PCI slot.  The internal TV tuner works with the software installed on the computer and can not function without the ADP machine. It even fulfils the conditions stipulated under paragraph 5(C) of Chapter Note 84. However, it can qualify as a part of ADP systems only if it is outside the ambit of items listed in paragraph 5 (D) and those which meet the criteria stipulated in paragraph 5 (E) to chapter Note 84. In this regard, it is seen that paragraphs D (ii) covers apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network). Whether external or internal, the principal function of TV tuner cards remains the same, that is, to provide the television function through the reception of broadcast signal from television station. The conversion into audio and video information of the broadcast signal enabling television broadcasts to be viewed on the screen remains the secondary reception. Taking into consideration the principal function of TV tuners, and provisions of paragraph 5(D) and 5(E) to chapter 84, internal TV tuner cards are found to be outside the ambit of heading 8473.

6.         Also TV tuners are other than those devices which simply isolate high-frequency television signals (sometimes called video tuners) and hence can not be classified as parts in the heading 85.29. Therefore, on application of General Interpretative Rules (GIR) 1 and 6, read with Note 3 to Section XVI and Chapter Notes 5(C) to Chapter 84, it is clarified that TV tuners, both internal and external are more appropriately classifiable in Harmonised Customs Tariff in tariff item 85287100.  

7.         Suitable instructions may be given to the field formation and all pending assessments, if any, may be finalized accordingly. Difficulty faced, if any, may be brought to notice of the Board.

Yours faithfully, 

(Subodh Singh),

OSD (Customs), Tariff Unit,

Fax-011-23092173

Regarding classification of Chloroparaffins / Chlorinated Paraffins

Circular No. 53/2011-Cus

F.No. 528/130/2011-STO (TU)

Government of India

Ministry of Finance

Department of Revenue

Central Board of Excise & Customs

(Tariff Unit)

******************

229A, North Block, New Delhi

 2^nd December, 2011

To

All Chief Commissioners of Customs/ Customs (Prev.)/ C&CE,

All Directors General of CBEC,

All Commissioners of Customs / Customs (Prev.) / C&CE

All Commissioners of Customs & Central Excise (Appeals).  

           

Subject: Classification of Chloroparaffins/Chlorinated Paraffins- reg.

Sir/Madam,

            References have been received regarding divergent practices being followed by field formations regarding classification of Chlorinated Paraffins/Chloroparaffins.

2.         The matter has been examined by the Board. As regards classification of Chlorinated Paraffin Waxes (in solid form), the HSN Explanatory Note (B)(a) to Heading 27.12 of CTH clarifies that artificial waxes obtained by the chemical modification of lignite wax or other mineral waxes are classifiable under Heading 34.04. Also in the Budget, 2010, the specific sub heading 27122010 covering Chlorinated Paraffin Waxes has been deleted from the tariff. This item is therefore, classifiable under 340490 of Customs Tariff Act, 1975. Further, regarding classification of Chlorinated Paraffins / Chloroparaffins (in liquid form), the HSN Explanatory Notes  (B) (9) under Heading 38.21 clarifies that Chloroparaffins in Liquid from are covered under the heading 3824.

3.         Accordingly it is clarified that:

(a)           Chlorinated Paraffin Waxes (in solid form) are classifiable under sub-heading 340490 of Customs Tariff Act, 1975 after the budget, 2010.

(b)           Chlorinated Paraffins/Chloroparaffins (in liquid form) are classifiable under subheading 382490 of Customs Tariff Act 1975;

2.             Suitable instructions may accordingly be given to the field formations.

Yours faithfully,

(A.K.Goel)

Senior Technical Officer,

Tariff Unit

Clarification regarding handling of cargo in customs areas Regulations, 2009

Circular No. 54 / 2011-Customs

F.No.450/55/2008-Cus.IV (Pt.III)

Government of India

Ministry of Finance
Department of Revenue
Central Board of Excise and Customs

*****

229-A, North Block,

New Delhi, dated 29^th December, 2011.

To,

All Chief Commissioners of Customs / Customs (Prev).

All Chief Commissioners of Customs & Central Excise.

All Commissioners of Customs / Customs (Prev). 

All Commissioners of Customs & Central Excise

All Director General under CBEC.

Subject:    Handling of Cargo in Customs Areas Regulations, 2009 – Clarification - regarding.

                        Attention is invited to the provisions of Handling of Cargo in Customs Areas Regulations, 2009 (HCCAR) and various circulars and instructions issued by the Board on the above subject from time to time.

2.         At the time of introduction of the said regulations it was explained that it provides for a comprehensive mechanism for handling of goods in a customs area and set out the terms and condition for all facilities where customs cargo is handled. These Regulations also fulfilled the recommendation made by the Public Accounts Committee for formulating appropriate provisions to exercise adequate control over the cargo handling entities to ensure that the adequate infrastructure is set up at all customs areas for efficient handling of imported or export goods. 

3.         In this context, it is stated that Regulations 5 and 6, provide for conditions to be fulfilled by a Customs Cargo Service Provider (CCSP) and their responsibilities in relation to imported or export goods. Regulation 6(2) particularly provides that CCSP approved for custody of imported or export goods and for handling of such goods shall not lease, gift, sell or sublet or in any other manner transfer any of the premises in a customs area; or sub-contract or outsource functions permitted or required to be carried out by him in terms of these regulations to any other person, without the written permission of the Commissioner of Customs. The condition of such permission has been provided for the reason that the powers for approval of any place as ‘Customs Area’ and to approve / appoint a custodian under section 8 and 45 of the Customs Act, 1962, respectively, including the power for suspension or dismissal of such approval is vested with the jurisdictional Commissioner of Customs. 

4.         In this regard, a reference has been received from the Ministry of Shipping pointing out that the developmental activities in respect of major ports on Public Private Partnership mode are taking place wherein private operators are constructing and operating terminals in the land leased out to them. Such projects require obtaining the approval of Minister of Shipping/ Finance Minister/ Cabinet Committee of Infrastructure depending upon the cost of the project. Hence, they had represented that specific permission from another authority i.e., the Commissioner of Customs is unwarranted. Hence, they had requested to exclude Major port trusts from the purview of the said Regulations.

5.1.       The matter was examined in detail. At the time of introduction of the said Regulations itself it was clarified vide Board’s circular No.13/2009-Customs dated 23.3.2009 that Port Trusts of the notified major ports shall not be required to make an application for approval or renewal under these regulations, since section 45 of the Customs Act, 1962, which provides for approval of custodians, makes an exception to major ports. However, they are required to discharge the responsibilities cast upon them as specified in Regulation 6 which include obtaining written permission from the Commissioner of Customs prior to outsourcing or leasing part of the premises within a customs area. This has been provided in order to take into account the concerns of the revenue for safeguarding the duty on imported goods.

5.2.       It is also important to note that the provisions of Section 128 of the Major Port Trusts Act, 1963 provide for saving of the right of Central Government for collecting duties and of power of Customs officers by specifically providing as follows:

“128. Nothing in this Act shall affect—

(1) the right of the Central Government to collect customs duties …., or

(2) any power or authority vested in the customs authorities under any law for the time being in force.”

6.         In view of the above, it is clarified that all cases of lease, gift, sale or subletting or transfer of the premises in any other manner, in a customs area by major ports may be firstly examined to see whether required permission from the Central Government/ Ministry / Cabinet Committee has already been obtained or not. In cases where appropriate authority has already given permission for such lease or transfer of premises, then necessary written permission may be given by the Commissioner for such lease or transfer. On the contrary, if no approval of the Government has been obtained, then appropriate action may be initiated against the erring Custodian under the said Regulations and the Customs Act, 1962.

7.         These instructions should be brought to the notice of all the concerned by way of issuance of instructions/ trade notice.

8.         Difficulty faced, if any, may be brought to the immediate notice of the Board.

Yours faithfully,

(G.S. Sinha)

OSD (Customs IV)

Internal Circulation: As usual

Refund of 4% Additional Duty of Customs (4% CVD) in terms of Notification No. 102/2007-Customs dated 14.09.2001-regarding.

 Circular No 01/ 2012-Customs

F.No.401/46/2008-Cus.III

Government of India

Ministry of Finance

Department of Revenue

Central Board of Excise and Customs

North Block, Room No. 253-A,

New Delhi, the 5^thJanuary 2012.

To,

All Chief Commissioners of Customs / Customs (Prev.).

All Chief Commissioners of Customs & Central Excise.

All Commissioners of Customs / Customs (Prev.).

All Commissioners of Customs & Central Excise.

Subject: Refund of 4% Additional Duty of Customs (4% CVD) in terms of Notification No. 102/2007-Customs dated 14.09.2001-regarding.

                                                  

Sir / Madam,

           

          Your kind attention is invited to the Circular No. 18/2010-Customs dated 8th July, 2010), vide which Board has simplified procedure for sanction of refund of 4% SAD in case of ACP importers. Vide Para 4.1 (d) of the Circular No.18/2010-Customs, dated 08.07.2010 it was provided that the amount of 4% CVD refund shall be sanctioned in full, on preliminary scrutiny of the documents and certificate of statutory auditor/Chartered Accountant, for correlating the payment of ST/VAT on the imported goods with the invoices of sale and also to the effect that the burden of 4% CVD has not been passed on by the importer to the buyer. However, as Para 6 of the said Circular only Charted Accountant can issue a certificate that incidence of burden of 4% CVD has not been passed on by the importer to the buyer.

2.         Representations have been received in the Board for amending Para 6 of the said Circular to make it in consonance to Para 4.1 (d) ibid to enable Cost Accountants to issue the Certificates as statutory auditors for the purpose of refund of 4% CVD.

3.          The matter has been examined in the Board. Board noted that the Circular No.18/2010-Customs dated 08.07.2010 disentitles Cost Accountants in regard to issue of requisite certificate though they may be statutory auditors of the importer. Board also observed that several States currently recognize Cost Accountants for purpose of VAT audit and it would be a hardship to trade already using statutory auditors/Cost Accountants to get required certificate for amount of 4% refund from Chartered Accountants. Therefore, as a measure to facilitate the trade Board has approved the amendment of the Circular No.18/2010 Customs dated 08.07.2010 so as to authorize Statutory Auditors/ Cost Accountants/ Chartered Accountants to issue a certificate, certifying that burden of 4% CVD has not been passed on by the importers to any other person.

4.         Accordingly, para 4.1(d) and Para 6 of Board Circular No.18/2011-Customs, dated 08.07.2010, stands modified to above extent.

5.       Suitable Public Notices or standing orders may be issued to guide the trade / industry and officers.

(Vikas)

Under Secretary (Customs-III/VI)

Procedures for dealing EXPORTED goods which are prohibited (Posted from any place to foreign country)

124.  Articles containing goods prohibited  from export. -  If an article
posted at any place in India and addressed to a foreign country is actually found,
while in course of transmission by post, to contain anything the export of which either
generally or to that particular destination is prohibited by the clause bearing the
heading “Local prohibitions” in the Inland Post section or by the clauses bearing the
heading “Articles Prohibited form export” in the Foreign Post, it should be endorsed
“Contains prohibited (name of the prohibited article)” and sent for disposal to the
R.L.O. either direct or, in the case of sub-offices, through the Head Office, except in
cases in which orders are in existence for the disposal of such articles in a different
manner.
NOTE.-  See also Rule 221 of the Indian Post Office Rules.- 1933.(Source: http://www.indiapost.gov.in/PM_VOL_5.pdf)

Procedures for dealing imported goods which are dutiable or prohibited at office of delivery(Post office)

123.   Articles prohibited from important or liable to customs duty. -   (1)
When there is good reasons to supposed that an article passing through the post
contains any goods (a) the import of which into Indian by post is prohibited, or (b)
when are liable to duty, it should be forwarded in a cover for in the case of a parcel, in
a bag) marked “Doubtful” addressed to the Postmaster of the office of destination,
with a note explaining the reasons for suspecting the article. Special case should be
exercised in the examination of bulky artic les of the inward foreign letter mail.

EXCEPTION 1. -   Any article of the class  referred to in (b) detected at the
offices of exchange of Mumbai, Kolkata, Chennai, Delhi and at the sub-exchange
offices alt Ahmedabad, Bangalore, cochin and Jaipur should be made over to the
nearest Collector of Customs and assessed before it is delivered or transmitted
onwards by post, as the case may be,  Articles containing fictitious stamps as defined
in sub-section (4) of Section 263-A of the Indian Penal Code, if detected at those
offices, should similarly be made over to the nearest Collector of Customs for
disposal.
EXCEPTION 2. -   inward articles of the foreign mail prepaid at the latter
rate which contain dutiable goods and are furnished on the address side with either a
green label marked “Douane” (Customs) showing the nature, weight and value of he
contents or a green label marked “Douane” accompanied  by a separate customs
declaring should be detained for customs examination.
(2)  If an article received for delivery (a) is suspected to contain anything
the important of which is prohibited or which is liable to duty or  (b) is enclosed in a
cover or bag marked “Doubtful”, the Postmaster should send a notice in writing to the
addressee inviting him to attend either in person or by agent within 48 hours at the
Post Office.  He should, under the authority given in Section 24 of the Post Office
Act, open and examine the article in the presence of the addressee or his agent, or in
his absence if he fails to attend within the time specified, reporting the matter to the
Head of the Circle.  In sub-offices, the opening and examination of the article should,
if the addressee fails to attend, be done in the presence of two respectable witnesses.
(3) When an article has been opened in the office of delivery, action
should be taken as follows:-
(a) If found to contain anything on which customs duty is payable it
should be sent to the nearest Collector of Customs for disposal.
(b) If found to contain any intoxicating drugs the importation of which is
prohibited, it should be made over with all its contents, to the nearest
Customs Collector for disposal in accordance with the provisions of
the Sea Customs Act, 1878 (VII of 1878), applicable to prohibitions
and restrictions imposed under Section. 19 of he said Act.  If found
to contain circulars relating to lotteries, it should  be forwarded to the
R.L.O. concerned for return to the sender. If found to contain unset
diamonds, fire-arms, military stores or articles, other than explosives,
included in the term  “ammunition” as defined in  the Indian Post
Office Rules relating to prohibited category articles, or fictitious as
defined in sub-section (4) of Section 263-A of the Indian Penal Code,
the article should not be delivered to the addressee, but the
Postmaster should at once take steps, in accordance with the
procedure laid down in the Postal Manual, Volume -VI, to forward
the article to  the chief post of the state nearest to the office of  delivery to be made over to the Customs authorities for any action
that may be considered necessary.  In cases where an article is found
to contain explosives, the Postmaster should act on the instructions
contained in Rule 122 (1) (a).  If the article is found to  contain
anything else, the importation of which is prohibited, it should be
detained and the case reported for the orders of the Head of the
Circle/Region.
(4) When once an article has been opened for the purposes mentioned
above, the Post Office is bound to exercise scrupulous care in checking and repacking
the contents at every stage so as to prevent loss or damage in transit.  T he out
covering used for repacking should be of sufficiently substantial material to afford
adequate protection to the contents.
(5) In the event of repacking of he insured foreign inward articles as
prescribed above, a demand from the addressee or the sender to have an open delivery
of such articles should be acceded to.
NOTE.-   In sub-offices, articles found to contain anything the importation
of which is prohibited should be sent to the Head Office, except when found to
contain intoxicating drugs in which case they should be made over with all the
contents to the nearest Collector of Customs for the adoption of such further
proceedings as may be deemed proper.

airport sorting office in India for AIR MAILS

Airport Sorting Office, Mumbai
Kokkata Air Sorting, Kolkata
Airport Sorting Office, Chennai

what is foreign post office and which is relevant for your delivery

13. Off ice of Exchange, Offices of exchange of transit bags, Foreign Post
Offices and Sub-Foreign Post Offices.-  (a) A Post Office or Sorting Office or Section
which exchanges mails with offices in foreign countries is known as an “Office of
Exchange”.    It is referred to as the dispatching office of exchange in respect of
mails it makes up and addresses to an office of exchange in another country, while it
is called the receiving office of exchange in respect of mails addressed to it  by an
office of exchange f rom another country.  The term “outward office of exchange” and
“inward office of exchange” are also used to describe them.  Even offices functioning
as both inward and outward offices of exchange may function in one of the capacities
only for certain countries.(b)  An Office of Exchange on the border which only receives and dispatches
closed bags addressed to or received from other offices of exchange in India is known
as an “Office of Exchange of transit”.   Such an office will not close bags for foreign
countries or open inward foreign bags.  Its function is only to exchange mails with the
carrier or with the officials of a foreign administration.
( c)  A “Foreign Post Office” is an office of exchange in which the work of
assessment of customs duty on foreign mails is also carried out. Although mails may
be intercepted (and articles not suspected to contain anything dutiable released) in
many exchange offices, the work of actual assessment of duty (and opening of articles
for this purpose where necess ary) is done only in the Foreign Post Offices.  Articles
received in one office of exchange and suspected to contain dutiable goods, for
delivery from an office nearer another office of exchange are directed to the latter for
actual examination and assessment of duty.
)
(d) A “Sub-Foreign Post Office” is an office which is not an exchange office
(i.e., which does not close bags for other countries and which does not receive from
foreign countries bags addressed it) but in which the work of customs examination,
assessment and accounting of customs duty is carried out.  Such sub-Foreign Post
Offices are opened mainly for the convenience of senders and addressees who may be
required to present documents, etc., for the release or dispatch of their foreign articles.

(Souce:http://www.indiapost.gov.in/PM_VOL_5.pdf)

Delivery of insured articles

42. Delivery of insured articles. – An article insured for any sum not exceeding Rs. 500
will be delivered in the ordinary manner.  An article insured for more than Rs. 500 will be
delivered only at the Post Office window, intimation of arrival being sent by the post office to the
addressee.  The addressee of an insured article or his agent, authorized in writing, must sign in ink
both the receipt and acknowledgement relating thereto unless the outward appearance of the cover
gives rise to suspicion of tampering.  In such cases he should arrange to open the article at the post
office, in the presence of the postmaster, and to have its contents entered in an inventory which
will be prepared in duplicate and must be signed by the addressee.  One copy of the signed
inventory will be forwarded by the post office to the sender with unsigned acknowledgement
attached to it.  In case, the addressee or his agent is not known to the staff of the post office from
which the insured article is to be delivered, the identification of the addressee or his age nt by a
person known to the post office staff or production of evidence which will establish his identity to
the satisfaction of the Postmaster will be necessary if so required by the delivering post office
official.
NOTE 1 : When an insured article issued for delivery is not accepted by the addressee it will not be sent out a
second time; an intimation of its arrival will be made over to him and the article will be delivered at the
post office on presentation of the intimation with the receipt and acknowledgement duly signed.  If the
addressee of an insured article after an intimation of its arrival has been delivered, omits to take
delivery of the article within the time specified in the intimation it will be returned to the sender as
refused.
NOTE 2 : When the receipt and acknowledgement duly signed together with the intimation are presented by the
addressee or his agent to the Post Office, he must place his signature on the intimation in the presence
of the delivery assistant of the post office and surrender the intimation to the post office if delivery is
taken.
43. Delivery of V.P. articles. – (1) If the amount to be recovered on a value payable article
exceeds Rs. 100 an intimation of its arrival will be sent by the office of destination to the
addressee.  Such article will be delivered at the post office on payment of the amount entered in
the form or receipt on the reverse of the intimation in cash and on presentation at the post office of
the intimation with the receipt on the reverse duly signed.
(2) If the amount to be recovered on a value-payable article does not exceed Rs. 100, the
article will be delivered to the addressee or his agent authorized in writing by the postman at the
addressee’s residence on payment of the amount recoverable and on the addressee or his agent
authorized in writing signing the receipt on the reverse of the intimation presented with the article.
(3) If the amount to be recovered on a value-payable article exceeds Rs.25 and the delivery
is to be made through a village postman or an extra-departmental delivery agent then the article is
delivered at the post office only in the manner prescribed in sub-clause (1).
(4) If the amount to be recovered on a value-payable article be not below Rs. 20 and the
article is taken delivery of at the counter of the post office, the amount may be paid either in cash
or by cheque under the conditions indicated in clause 94(a).

Delivery of registered articles

DELIVERY
35. Definition. – The delivery of a postal article at the house or office of the addressee or
to addressee or his servant or agent or other person considered to be authorized to receive the
article according to the usual manner of delivering postal articles to the addressee is deemed to be
delivered to the addressee under the Post Office Act.
36. Delivery of registered articles – No registered articles of any kind will be delivered to
the addressee unless and until he or his agent authorized in writing has signed a receipt for it, in the
prescribed form which will be presented to him for signature by the postman who delivers the
registered article.37. Refusal of registered articles presented for  delivery  – If the addressee, while
refusing to take delivery on presentation of the registered article to him, makes an application in
writing to the post office of delivery for the detention of the article or if the addressee is not found
at the address given on the article, the article shall be detained in the post office for a period not
exceeding 7 days from the date of its presentation to the addressee or from the date it is last sent
out for delivery as the case may be.  If the addressee fails to take  delivery of the article from the
post office within the said period of seven days, the article will be returned to the office of posting
for delivery to the sender.  The remark ‘Refused’ will be recorded on the article if the addressee
fails to take delivery after requesting for detention.
NOTE -  The expression ‘office of posting’ means the delivery post office which serves the address of the sender.
38. Special procedure for delivering registered articles to firms etc.  – Registered
articles for delivery to Firms, etc., which normally receive a large number of registered articles, are
entered in a special list in duplicate which is presented along with the articles acknowledgement
forms etc., to the addressee who will be required to sign the upper copy  in token of receipt of the
lower copy of the list along with all the articles and return the signed acknowledgements.  No
individual receipts will be prepared for the articles entered in the special list.  Articles on which
any charges are to be recovered will not be entered in the special list.
(Source:http://www.indiapost.gov.in/PO_Guide_Part-1.pdf)

damaged article and insured parcels

40. Delivery  of damaged registered article of the letter and parcel mail. – When a
registered articles of the letter mail or a parcel is received in the office of delivery in a damaged
condition, a notice will be sent by the postmaster of that office to the addressee requesting him to
attend the post office within seven days in the case of inland articles and fifteen days in the case of
foreign article to take delivery of it either personally or through an agent.  This notice will have to
be produced at the Post Office  before delivery is effected and if presented by an agent his name
should be entered on the form before it leaves the addressee’s custody.(Source:http://www.indiapost.gov.in/PO_Guide_Part-1.pdf)

Do not open parcel if there is a doubt that excess duty on foreign article has been asked

50. Refusal of articles.  – The addressee of an article is not bound to pay the amount due
on it to the Post Office if he does not want to take delivery of it.  In this case the word “Refused”
will be written by the Postman across the cover.
51. Obligation to pay charges. - When a person takes delivery of an article on which any
sum is due to the Post Office, he  must pay the amount marked upon it.  Any complaint of
overcharge should be made to the postmaster of the office of delivery to whom the article should
be taken before being opened.
52. Remedy of post office for recovery of charges due.  - If a person, after taking
delivery of an article on which any postage or other sum or customs duty is payable, refuses to pay
the amount marked as due, it will be recovered from him in the same way as a fine imposed under
the Post Office Act and the Post Office has further the power of withholding from him until such
charge be paid or recovered, any article addressed, to him not being on India Government Service.
( Source: http://www.indiapost.gov.in/PO_Guide_Part-1.pdf)

If customs duty is more than Rs 50 than parcels are delivered at Post office window

40. Delivery  of damaged registered article of the letter and parcel mail. – When a
registered articles of the letter mail or a parcel is received in the office of delivery in a damaged
condition, a notice will be sent by the postmaster of that office to the addressee requesting him to
attend the post office within seven days in the case of inland articles and fifteen days in the case of
foreign article to take delivery of it either personally or through an agent.  This notice will have to
be produced at the Post Office  before delivery is effected and if presented by an agent his name
should be entered on the form before it leaves the addressee’s custody.

41. Delivery of parcels and period of their detention at the office of  delivery  – (1) A
parcel which does not exceed 10 Kg. in weight (except Value-payable parcel and those addressed
to Poste Restante) will be issued for delivery only once and if it cannot be delivered through any
cause on first presentation by the postman it will be brought back to the post office and will not be
issued again for delivery.  A notice of arrival of the parcel will, however, be issued at the next
delivery through the postman to the addressee for taking delivery of the parcel either personally or
by an agent or messenger authorized for the purpose.  A parcel weighing above 10 kilograms in
weight will be delivered only at the post office window.  A similar notice will be issued to the
addressees in such a case also.  Should the addressee or his authorized agent fail to take delivery of
the parcel at the post office within seven days from the date of presentation of the notice, the parcel will, on the expiry of that period, be treated as “Unclaimed” and disposed of according to
the rules of the Department


44. Delivery of articles on which Customs duty is due - Articles on which customs duty
to be recovered is in excess of Rs. 50 are ordinarily delivered at the post office window, except in
the case of Presidency and all the post office window, except in the case of Presidency and all First
Class head Offices where this limit is fixed at Rs. 100.  Such duty may be paid either in cash or by
cheque, the latter under the conditions laid down in clause 94.
( Source: http://www.indiapost.gov.in/PO_Guide_Part-1.pdf

Need investor for Global Tax Guru portal.

Dear  Investor,

                        

This portal ,www.globaltaxguru.in ,as decision making tool , optimize  compliance and regulatory cost of import and export and add efficiency in global supply chain. It  is unique product  which fill gap  existing  between  online  seller and buyer (enhance choice for the large market if Indian middle-class buyers, aspiring to buy world class products at the best prices from the powerful international retailers – allows the Indian middle class to break free of the sundry importer with his high margins) for  their compliance and regulatory need and supply chain. Validity of concept and popularity of portal and blog can be seen by Search   and users comments. There is no such product exist in market .

  

                             It has identified  five medium of  global supply chain such as Postal ,Courier ,Baggage ,Air Cargo and Sea Cargo for  import and export of goods.

 It is to be emphasized that there are 7 lakhs Post office in World which act as last point of  delivery. But each country restricts and prohibit  flow of certain  goods through Postal Medium .If such information is available  before any person send parcel through Post , then , compliance risk can be minimized.  Thus , our portal , once it is completed, will take care of Global Postal Supply Chain.

In Courier industry , Cost of freight is very high and  nearly big four company is  dominating market. But alternatively , one can offer cost effective solution by combining Post with local courier companies.This untapped market can be exploited.

The Baggage mode of supply chain take cares of Tourist and travel  industry and global work force. There is restriction and change in duty free allowance as per  age , abroad stay and coming from which country. The portal will take care of documentation ,right duty and best way of importing  goods.

Air cargo is for more quantity  but will have lesser freight cost comparatively to Courier  ,thus less duty.

Sea Cargo is for bulk cargo and cheapest mode of import and export goods.

In another words , my portal takes cares of  importing small pin to big ship ,for that matter any thing.

Reason for growth of  Portal:

• Introduction  of self assessment for Customs duty from this budget,
• Growth in e-commerce and m-commerce website like ebay,amazon,alibaba,etc , internet penetration and Mobile phone. The Indian e-commerce market will grow  at the rate of 47% to over Rs 46,000 crore in the 2011 calendar year  as per report of  IAMAI.
• Growth in online payment gateway,
• Growing and aspiring middle class and entrepreneurs,
• Growing network of Courier and Postal to look after rural market,
• Globalisation and access to newer market, Regional trade block ,IPR infringement,fake import,etc.
• Introduction of GST,
• Growth in Gift industry  and consumer electronics goods
• Time gap between Indian launch and  foreign launch of high value consumer goods ,etc.

Current stage of portal:

•    Displaying information for compliance such as import-ability and non-tariff barrier,
• Displaying landing cost of product  and at what price goods can be imported as per EDI   data , 
• How to import through sea -cargo ,Air-cargo ,Post ,Courier and Baggage ,  
• Export incentives on goods ,
• Forms are generated for online submission documents to Customs,etc.

Future direction of portal:

• Single Window Approach- generating all documents for bringing goods form door to door delivery, such as invoice ,packing list Bill of entry and integrating with Bill of lading ,calculating duty liability ,filing import documents to Customs and enabling duty payment to authorised  Banks (payment made alongwith payment to e-tailer).This is end to end supply chain solutions. All data will be as per World Customs Organisation(WCO) data model and UN standards.
•     Post import and export incentives - We will inform whether any incentive  such as Refund of duty ,or, duty free import ,or ,drawback refund ,or, CENVAT credit  ,or any other incentive is available   to goods  .
• Designing   global supply chain in  relation to import and export goods  with respect to time to market ,nature of goods like parts,finished goods,perishable goods,used goods ,bulk goods  , preferential duty as per country of origin ,mode of  import such as sea  cargo ,Air cargo ,post ,baggage and courier.
• Designing   global supply chain in  relation to import and export goods  with respect to time to market ,nature of goods like parts,finished goods,perishable goods,used goods ,bulk goods  , preferential duty as per country of origin ,mode of  import such as sea  cargo ,Air cargo ,post ,baggage and courier.
• Providing tracking  and tracing of goods in global supply chain
• Moving to social media platform ,where people can share ,network and do business.
• Developing Mobile platform on ipad, iphone ,blackberry ,window7,etc.
• Industry specific API for Electronics industry, Fashion  industry,   Apparel industry, Shoe industry, Project imports, Toys industry,Sports industry ,Gems and jewelery industry, ,  Gift industry,etc.
• Mode of import specific API  for   Courier industry ,Postal   and Baggage                                                    

Market Size :

• Quantum of transaction cost is about 7-10 per cent of total value of Indian exports. This amounts to a significant, about $ 15 billion.( Source: The Hindu,http://www.thehindu.com/business/Economy/article1167984.ece)
• Trade transaction costs are frequently estimated to be in the range of 7-10 % of world trade value (basis unclear); customs compliance costs would be somewhat less. 
•  Benefits of trade facilitation typically seen as 1-5 % of the value of total world trade (1994 Coumbus Ministerial Declaration on Trade Efficiency cited the figure of 2.5%).  (Source:http://www.unece.org/forums/forum02/presentations/session_ii/akleitz.pdf

                      

How  revenue will come

•   Charging fee as digital consultant for advice rendered for import and export related matter.
• Fee for documentation and  clearance of cargo.
• Integrating  specific API to other e-commerce websites and charging per transactions if goods are sold and annual licence fee ,or,combination of both.
• Advertisement ,
• Fee for claiming import and export incentives from Govt.

Team  back ground:

                                 I am graduate from IIT Delhi ,87 Batch ,and  did Post Graduate Executive Diploma in Supply Chain Management from Loyala Institute of Business Adminstration,Chennai. Worked five years in BHEL ,then Customs Department( 1992-2007).

My popular website and blogs are:

     http://www.personalimport.blogspot.com

      http://www.globalsupplychainguru.com                                                    

• http://www.servicetaxes.blogspot.com/
• http://www.dutyrefund.blogspot.com
• http://www.customsvaluation.blogspot.com
• http://winksite.com/ravindra/servicetax
• http://winksite.com/ravindra/personalimp
• http://winksite.com/ravindra/dutyrefund

Need your help and assistance in finding right type of investor and proper business plan.

Pl write to me ,how  can we  take this to further.

Thanks and regards

Ravindra Kumar

Global Tax Guru

9958257070

                           

Ask me questions on Economic Times Of India , i am appearing as Expert on Customs matter in Taxation section of Q/A.

Ravindra Kumar
Customs

Ravindra Kumar is a graduate from IIT-D with a PG Diploma in Supply Chain and Logistics from LIBA Chennai. He has worked in BHEL for 5 years and spent more than 15 yrs in the Customs Department. Currently he runs a blog and e-taxation portal along with his practice as an Indirect Tax Consultant in the area of Customs, Excise and Service Tax.

As our expert here Ravindra will take queries related to Indirect Taxes (Customs and Excise) specially as they pertain to individuals and corporates when they import/export goods using Post office, Couriers or via Air and Sea ports for personal or commercial use.