Import of Toys – Tough Measures if Conditions are not Fulfilled
As per Board's Circular No. 32/2001-Customs dated 31.5.2001, import of packaged products covered by the Standards of Weights & Measures Act, 1976 (SWMA) or the Rules made there under or any other law, cannot be allowed clearance into the country unless the Maximum Retail Price (MRP)/ Retail Sale Price in India and certain other particulars have been declared on the package.
Further, certain products have also been specified in Appendix-V to the Notification No.44 (RE-2000)1997-2002 dated 24.11.2000 issued by the DGFT which are subjected to compliance of mandatory Indian quality standards along with the requirement of registration of exporters of these products with Bureau of Indian Standards (BIS).
The Ministry of Consumer Affairs and Public Distribution, Department of Consumer Affairs has again brought to the notice of the Board about the need to comply with the requirement of Standards of Weights and Measures (Packaged Commodities) Rules, 1977, in specific reference to import of toys.
So the Board reiterates that import of all pre-packaged commodities, inter alia, import of toys in packaged form, shall be subjected to compliance of all the provisions of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977.
It may also be ensured that import of toys or similar imported packaged commodities is not allowed clearance for home consumption unless such pre-packaged toys carry the mandatory declarations as specified in the DGFT's above mentioned notification.
In case, it is found that the importers are unable to fulfill the requirement of mandatory declarations under Rule 6 before clearance by Customs for home consumption, the imported goods shall either be confiscated absolutely or allowed re-export only as well as necessary penal action taken against the importer for non-compliance with the existing legal provisions as applicable on import of goods.
CBEC Circular No.21/2008, Dated: December 18, 2008