Customs Circular No-22/2010 dated 26.7.2010
Import of Worn Clothing - Instructions - regarding.
Import of ‘worn clothing and other worn articles’ is restricted
under ITC(HS) vide DGFT Notification No.7/2004-09 with effect from 27.10.2004.
Accordingly, Board had earlier instructed vide F.No.R-865/M/Cus/05 dated the
14th March, 2005 that the adjudicating officers while adjudicating such cases
should fix maximum fine / penalty as per the Customs Act, 1962 so that it will
be a deterrent for the unscrupulous importers to clear the same. However, it
appears that ‘worn clothings’ are still being imported unauthorisedly in large
scale and such consignments are being allowed clearance by Customs on payment of
nominal fine and penalty. As a result, it is reported that domestic new clothing
industries in India are badly affected.
2. In this regard, the Committee on Petitions (Fourteenth Lok Sabha) has made a
recommendation that the increasing tendency of import of such worn clothing
needs to be curbed. The Board has, accordingly, decided to reiterate that being
a restricted item under ITC (HS), the import of ‘worn clothing’ should be
adjudicated and fine in lieu of confiscation and penalty imposed keeping in view
the ‘margin of profit’ on such unauthorized import and also the fact that such
consignments should not get cleared by paying only nominal fine and penalty in
future.
3. As recommended by the Committee on Petitions, the Board has also considered
the possible health hazard associated with such imports and hence, decided that
consignment of ‘used / worn clothing’ will be given clearance by the Customs
authorities only after proper fumigation of the consignment. The cost of
fumigation will have to be borne by the concerned importers.
4. The Customs field formations under your charge should be suitably sensitized
for strict compliance of these instructions. Any laxity on the part of Customs
officials in this regard will be viewed seriously.
5. These instructions may be brought to the notice of all concerned by way of
issuance of suitable Public Notice / Standing Order.
6. Difficulties, if any, in implementation of the Circular may be brought
immediately to the notice of the Board.
Yours faithfully,
( R. P. Singh )
Director (Customs)
Internal circulation as usual.
F.No.401/150/2010-Cus-III