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Customs Circular No- 13/2007 dated 02.03.2007
Clearance of livestock and
livestock products- regarding.
The undersigned is directed to inform that the import of certain livestock and
livestock products have been prohibited by the Ministry of Agriculture,
Department of Animal Husbandry, Dairying & Fisheries in view of outbreak of
Avian Influenza disease in number of countries. Department of Animal Husbandry,
Dairying & Fisheries have issued a notification S.O. (102)(E) dated 02.02.2007
prohibiting import of three items from all countries and import of nine items
from countries reporting Avian Influenza. A copy of the notification is
enclosed. List of countries affected with Avian Influenza is not mentioned in
the notification. During a meeting with Department of Animal Husbandry, Dairying
& Fisheries, it was informed that the list of countries affected with Avian
Influenza is continuously changing as new countries are reporting Avian
Influenza and certain other countries are declaring themselves free from Avian
Influenza. It was desired that Customs field formations need to be alerted in
this regard.
2. The issue of possibility of import of livestock & livestock products by
Diplomats without requisite quarantine check was also discussed. Ministry of
External Affairs informed that they only issue Customs duty exemption
certificates for duty free import of goods by Diplomats.
3. The Department of Animal Husbandry, Dairying & Fisheries also expressed
concerns about the necessary referral to Quarantine authorities before
permitting the Customs clearance of livestock/ livestock products. It was
informed that no such referral has been received by them in case of import of
Diplomatic cargo containing livestock and livestock products.
4. The matter has been examined by the Board. It is seen that Board has issued
Circular No.43/2001-Cus, dated 6.8.2001 and Circular No.48/2005-Cus, dated
28.11.2005 to regulate the import of livestock and livestock products. Board has
further issued instructions vide F.No.450/132/2004-Cus.IV, dated 4.01.2005 and
F.No.450/122/2005-CUS-IV dated 13.10.2005 re-iterating the provisions for import
of these products and to ensure that clearance of livestock and livestock
products is done after proper quarantine check and necessary no objection
certificate by animal quarantine officer.
5. In view of recent concerns over spreading of Avian Influenza, field
formations should take abundant precaution while clearing livestock and
livestock products. In view of the concerns of the Department of Animal
Husbandry, Dairying & Fisheries in respect of changing status of various
countries affected with Avian Influenza, it would be advisable that all
consignments of livestock and livestock products are referred to Quarantine
Authorities before Customs clearance of goods, regardless of any Sanitary Import
Permits (SIPs) that may have been issued and clearance should be allowed only
after no objection is received from Quarantine authorities. If Quarantine
officers are of the view that the consignment needs to be destroyed or
re-exported in view of Avian Influenza or any other disease threat, the action
taken may subsequently be informed to Quarantine officer.
Further, in view of spreading of Avian Influenza, the consignment of products as
mentioned in existing notification of Department of Animal Husbandry, Dairying &
Fisheries may remain uncleared and Custodian may like to initiate the process of
auction for such consignments. In view of above, it may be ensured that in such
cases of auction of livestock and livestock products mentioned in existing
notification of Department of Animal Husbandry, Dairying & Fisheries, NOC should
be given to Custodian based on ‘no objection’ obtained from quarantine officers.
6. As per existing provisions in respect of clearance of Diplomatic baggage and
cargo, it is once again reiterated that the import of goods which is prohibited
by the law or regulated by the quarantine provisions, inspection can be
conducted only in the presence of the diplomatic agent or of his authorized
representative. However any such inspection should be undertaken only after
prior consultation or authorization of the protocol
division of Ministry of External Affairs (MEA). A representative of MEA should
invariably be present at the time of inspection. Further, Inspection should be
based on prior intelligence and with the approval of the Commissioner of
Customs.
In cases where declaration itself contains presence of livestock and livestock
products in the cargo, the standard procedure of referral to Quarantine
authorities need to be adhered to. MEA has informed that such requirement of
quarantine authorities in respect of Diplomatic cargo need to be informed to all
Diplomatic Missions before the procedure is put in place. Accordingly, it is
decided that such referral by Customs should commence only after MEA has briefed
all Diplomatic Missions about these requirements. In view of this, Customs
should follow procedure of referral to quarantine authorities only after further
direction of the Board. Meanwhile, clearance of such items by Diplomatic
Missions may continue unhindered. Where any difficulty is being faced in
clearance of Diplomatic cargo the same should be immediately referred to the
Board.
7. The above instructions may be brought to the notice of all concerned
immediately through appropriate Public Notice.
F.No.450/122/2005-CUS-IV(Anupam Prakash)
Under Secretary to the Government of India
Phone No.23094182