TAKEOVER OF IMPORTED GOODS RULES, 2003

TAKEOVER OF IMPORTED GOODS RULES, 2003

[Gazette of Pakistan Extraordinary, Part II, 7th June, 2003]

S.R.O. 487(I)/2003, dated 7-6-2003.---In exercise of powers conferred by section 219 of the Customs Act, 1969 (IV of 1969), the Central Board of Revenue is pleased to make the following rules, namely:---

1. Short title, commencement and applications.--(1) These rules may be called the Takeover of Imported Goods Rules, 2003.

(2) These rules shall come into force at once.

(3) These rules shall apply to the goods to be taken over by Customs in terms of section 25-A of Customs Act, 1969 (IV of 1969) if the customs value of such goods as declared in the bill of entry or goods declaration is understated as specified in the Table below:--

TABLE

S. No.	Description of Goods	Range of understated Value
(1)	(2)	(3)
1	Cosmetic and toiletries	50%
2	Floor Covering and Sheets	50%
3	Self-adhesive tape	50%
4	Coated abrasive and bonded abrasive	50%
5	Motrocycles	50%
6	Auto-parts	50%
7	Toilet Soap	30%
8	Tyres	30%
9	Polyester yarn	30%
10	Fabrics	30%
11	Tin plate	30%
12	Airconditioners	30%
13	Soda ash	30%

2. Definitions. ---In these rules---

(a) "Act" means the Customs Act, 1969 (IV of 1969); and

(b) "section" means a section of the Act.

3. Procedure to take over the imported goods.----In furtherance to the procedure provided under section 25A, the appropriate officer shall take following action in respect of the imported goods taken over under the aforesaid section, namely:

(a)        after receipt of an offer of higher value as provided in clause (i) of subsection (1) of section 25-A, the appropriate officer may entertain offers of further higher values in respect of such goods by other persons;

(b)        the finally accepted value of the offerer shall be deemed to be the customs value of the imported goods and the offerer shall be liable to pay duties and taxes and all other charges and dues related td the clearance of the goods from the port or warehouse on such value;

(c)        after receipt of the amounts stated in subsection (2) of section 25-A and evidence of payment of charges in terms of sub-rule (2) of rule 5, the appropriate officer shall issue a delivery order annexed to these rules which shall be deemed to be a bill of entry or goods declaration filed under section 79 or 79A for all purposes:

Provided that, notwithstanding the date of the delivery order, the relevant date for determination of rate of duty shall be the date of manifestation of the bill of entry or filing of goods declaration as the case may be, under section 30 or 30A;

(d)        there shall be five copies of the delivery order which shall be distributed as follows:--

(i)         the original copy shall be retained in the file after payment of duties and taxes;

(ii)        the duplicate copy shall be retained at the port-gate or by the warehouse keeper for onwards transmission for manifest clearance or audit;

(iii)       the third copy shall be given to the offerer for his record;

(iv)       the fourth copy shall be sent to the Valuation Department; and

(v)        the fifth copy shall be given to the importer; and

(e)        on presentation of the delivery order, duly issued by the appropriate officer, the custodian of the imported goods shall deliver the goods to the offerer.

4. Powers of the appropriate officer to remain unaffected,---Nothing in these rules shall in any way be construed to abridge or in any manner affect the powers of the appropriate officer under section 25A to proceed in-respect of any goods or class or classes of goods.

[C. No.4(4)S/Val/2001.]