Circular No. ES/107/2020-21 6th May, 2020
To : Members of the Council
Sub: Provisional Clearance of Goods under India’s Trade Agreements
We would like to inform you that CBIC has issued Instruction No. 04/2020 - Customs dated 4th May, 2020 on provisional clearance of goods under India’s Trade Agreements.
In this regard your kind reference is drawn to Circular 18/2020-Customs, dated 11.04.2020, which provides an option to clear goods under preferential tariff claim, in terms of section 18 of the Customs Act, 1962, where a Certificate of Origin (CoO) is not available at the time of filing customs documents.
This measure has been taken, keeping in view the restrictions imposed globally, which may lead to a situation wherein an exporter is unable to communicate original CoO to the importer or submits a CoO which is not as per the prescribed format (digitally signed/unsigned).
Board has also issued necessary guidelines vide Circular 38/2016-Customs, dated 22.08.2016, prescribing the manner and amount of security based upon class of importer and nature of import. The Circular covers FTAs/PTAs imports under three categories at S.No 5(a), 5(b) and 5(c).
In this regard, it is informed that where the original hard copy of CoO has not been submitted or only digitally signed copy or unsigned copy of CoO is submitted, the same may be treated at par with the category as listed at serial no. 5(c) of the Circular 38/2016-Customs, provided that the matter is not covered under 5(a), wherein there is reasonable belief that it involves mis-declaration of origin/value addition.
It is requested that the officer in charge be directed to follow these guidelines while implementing Circular 18/2020-Customs.
Members may kindly make a note of the above.