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Customs - Board's Instructions24.11.2021

Import of teas from the neighbouring country (Nepal) as "Darjeeling Tea".

Document Text

Instruction No. 25/2021-Customs F.No.401/88/2021-Cus-1II Government of India Ministry of Finance Department of Revenue (Central Board of Indirect Taxes & Customs) To All Principal Chief Commissioner/ Chief Commissioner All Principal Chief Commissioner/ Chief Commissioner All Principal Chief Commissioner All Principal Commissioner/ Commissioner of Customs/ Customs (Preventive). of Central Tax & Customs. North Block, New Delhi Dated 24th November, 2021 of Customs/ Customs (Preventive). of Central Excise & Customs. Subject: - Import of teas from the neighbouring country (Nepal) as "Darjeeling Tea" - reg Madam/Sir, Reference is invited to F.No. T-36013/1/2019-Plant (A) dated 3rd November, 2021, issued by the Department of Commerce (DoC), Ministry of Commerce & Industry, New Delhi, on the above-mentioned subject (copy enclosed). 2. It has been stated in the above-mentioned communication, that Darjeeling Tea is recognised for its unique flavour and qualities and has acquired tremendous domestic and international reputation. The DoC is in receipt of various communications raising concerns regarding import of tea from Nepal and the domestic sale of such imported teas as "Darjeeling Tea", thereby adversely impacting the interests of the domestic Darjeeling Tea Planters. 3. It is clarified that as per the Food Safety Standards (FSS) (Import) Regulations, 2017,clearance is required for import offood items into India. Further, the presenttrade treaty between India and Nepal allows mandatory sanitary and phytosanitary certificates, before products are allowed into each other's country. As per the provisions of the Tea (Distribution & Export) Control Order, 2005, any importer importing tea from Nepal needs to have a license, as mandated under this order, and. should also have a clearance certificate issued by the Tea Council. 4. It is requested that necessary action may accordingly be taken to ensure strict and mandatory compliance of the above mentioned FSS(lmport) regulations and to also insist on a valid certificate issued by the Tea Board under the Tea (Distribution & Export) Control Order, 2005, besides the clearance certificate issued by the Tea Council of India, prior to allowing import of tea from Nepal. 5. The difficulties, if any, in the implementation of this Instruction may be please brought to the notice of the Board. 6. Hindi version follows. Encl: as above yo~urs(aithfully' -1'''''' Y"~ (Ke in Soban) Under Secretary to the Government of India Copy for information and necessary action to: The Additional Director General, NCTC, Mumbai. F.No.T-36013/112019-Plant(A) Government of India Ministry of Commerce & Industry Department of Commerce OFFICE MEMORANDUM Udyog Bhawan, New Delhi Dated: 03.11.2021 Subject: Import of teas from the neighbouring country (Nepal) as "Darjeeling Tea" - reg. letter of even I am to refer to the subject noted above and to endorsement of this department's No. dated 16.09.2020. In this regard it is stated that Darjeeling Tea is recognized for its unique flavour international reputation. Various communications have been received in Department of Commerce raising concerns regarding import of teas from the neighbouring country and sale of such imported Tea Planters. teas the Darjeeling tremendous "Darjeeling impacting adversely domestic acquired qualities thereby Tea" and and and has as 2. During the last three years (2017-18 to 2019-20), 60.35 M.kgs of teas have been imported into India out of which only 23.43 M.kgs have been re-exported which underlines the fact that the rest 36.92 M.kgs of imported teas have been sold in India. Such imported tea, majority of which is coming from Nepal, is sold in India as if produced in India. Under Chapter-Ill of the FSS (Import) Regulations, 2017, clearance is required for 3. import of food items into India. The basic purpose of the statutory clearance is to prevent sub- standard food items entering into India. Further, trade treaty between India and Nepal allows mandatory sanitary and phytosanitary certificates before products are allowed into each other's country. In addition, as per the provisions of the Tea (Distribution & Export) Control Order, 2005, importing teas from Nepal needs to have a license as mandated under this order and should have a clearance certificate issued by the Tea Council. any importer the present In view of the above, it is requested to issue necessary directives to the concerned 4. officials tto ensure strict and mandatory compliance of the FSSAI regulations and to insist on valid certificate issued by the Tea Board under the Tea (Distribution & Export) Control Order, 2005 and clearance certificate issued by the Tea Council ofIndia prior to allowing e from Nepal. tea:i- , Deputy Secretary(Plantations) Singh) To Shri Gaurav Masaldan JS (Customs) Central Board of Indirect Taxes and Customs Department of Revenue North Block New Delhi Email: jscus@nic.in Copy to: The Deputy Chairman, Tea Board, Kolkata

Source: Government of India — Customs - Board's Instructions, dated 24.11.2021. Text is machine-extracted for reference; the officially published version prevails. Not legal advice.

HS Codes Referenced

11201920052017201920202021

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