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Customs Circular No. 99/2003 dated 27.11.2003
Subject: Import of non-standard tapes – instructions reg.
Sir,
I am directed to refer to Board’s letter of even number, dated 24.7.2000 and
subsequent letter dated 11.1.2002 (copies enclosed), on the subject mentioned
above, wherein ,it was stated that import of non-standard tapes (tapes with dual
markings i.e. inch and centimeters) are prohibited for import in view of the
provisions of Standards of Weights and Measures Act, 1976. The Ministry of
Consumer Affairs and Public Distribution has again brought to the notice of the
Board that the field formations of Customs are still permitting the import of
such non-standards tapes into the country.
2. The matter has been examined in consultation with the Department of Consumer
Affairs. It has been observed that the provisions relating to import of
measuring instruments are governed by the Section 49 read with Section 4 and
Section 23 of the Standards of Weights and Measures Act, 1976 ( SWMA’76) . As
per Section 49 , no weight or measure, whether singly or as a part or component
of any machine or machinery, shall be imported unless it conforms to the
standards of weights or measures established by or under this Act. The Section 4
of said Act defines that every unit of weight or measures shall be based on the
units of the metric system. Further, as per section 23 , no weight ,measures or
other goods shall bear thereon any inscription or indication of weight , measure
or number except in accordance with the standard unit of such weight, measure or
numeration established by or under this Act except for certain scientific
investigation or research purpose.
3. A point has been raised that section 49 of the SWMA,1976 read with section 4
of the Act ibid does not require that the unit of weight or measure should
“only” be in metric system. In this context attention is invited to section 23
of the said Act which prohibits any additional marking or inscription (i.e, dual
markings) other than metric system.
4. A point has also been raised that proviso to section 49(2) of the Act permits
the importer to get the markings done as per the metric system within 6 months
of import. It is , however, clarified that this proviso applies to markings on
commodities only & not to any weight or measure imported as such.
5. In view of the legal position mentioned above, it is evident that the import
of measuring instruments other than standard units of metric system, is not
permitted except under certain conditions specified in Section 23 of Standards
of Weights and Measures Act, 1976. You are, therefore, requested to ensure that
non-standard units of weight or measure ( including these with dual
markings),except those permitted by proviso to section 23 of the Act ibid, are,
on import, either confiscated absolutely or allowed re-export only.
6. Receipt of this Circular may kindly be acknowledge.
7. Hindi version will follow.
Yours faithfully,
(D. S. Garbyal)
Under Secretary to the Government of India
F.No.450/ 81 /2000-Cus.IV