Import of Cosmetics under Drugs and Cosmetics Act, 1940 – CBEC Instructions
BOARD clarifies that import of cosmetics at points of entry / places other than those specified under Rule 43A may not be permitted as per the provisions of the Drugs and Cosmetics Rules, 1945. The points of entry have been specifically mentioned in Rule 43A such as Chennai, Kolkata, Mumbai, Nhava Sheva, Cochin, Kandla , Delhi, Ahmedabad, Hyderabad and Ferozepur Cantonment, Amritsar, Ranaghat , Bongaon and Mohiassan Railways Stations.
If the imports are noticed through Customs stations, other than the one notified as mentioned above, then necessary action may be taken for non-compliance of the Drugs and Cosmetics Rules in respect of such imports.
Board wants these instructions to be brought to the notice of all concerned by way of issuance of suitable Public Notice / Standing Order.
In this day and age of globalization, where major cities in India are connected with international destinations by air and there is movement of people and cargo, how justified is it to restrict import of items like cosmetics to just a few cities in India . Why does the Government not realize that such restrictions are archaic?
In fact recently in Max Overseas vs. CC, Marmagoa 2010-TIOL-244-CESTAT-MUM, this very issue came up before the CESTAT. After considering the relevant provisions of the Drugs and Cosmetics Act, 1940 and Drugs and Cosmetic Rules, 1945, CESTAT held that Shower Gel, Roll on, Shampoo/Conditioner shampoo, Shaving Gel, Hair Cream, Body Cream and Scented Spray are “cosmetics” covered by the term “Substances” mentioned at Entry no. 1 in Schedule ‘D' of Rule 132 of the Drugs & Cosmetics Rules, 1945 and can be imported from any port.
CBEC Circular No. 8/2010-Cus., Dated: March 26, 2010