Circular No.ES/40/2020-21 14th April, 2020
To: Members of the Council
Sub: Clearance of goods under India’s Trade Agreements without original Certificate of Origin
CBIC has issued Circular No. 18/2020- Customs dated 11th April, 2020 on the above subject, with reference to DGFT Trade Notice No. 62/2019-2020 issued on 6th April 2020 on the above subject.
The said Trade Notice has been issued in consultation with CBIC and it seeks to mitigate the difficulties being faced by importers in producing the original Certificates of Origin (CoO) on account of disruptions caused by the Covid-19 pandemic.
Accordingly, it is directed that -
In accordance with the said Trade Notice, the import consignments, where a preferential treatment of goods under a Free Trade Agreement has been claimed but the original hard copy of CoO has not been submitted or only digitally signed copy or unsigned copy of CoO is submitted, may be assessed and cleared provisionally in terms of section 18 of the Customs Act, 1962.
The final assessment may be done subsequently on submission of the original COO certificate by the importer.
The revenue may be secured through undertaking and appropriate security.
Customs field formations shall maintain a record of all cases of relaxation allowed by them and will ensure that such provisional assessments are finalized at the earliest and in accordance with the prescribed regulations.
Members may kindly make a note of the above.