NOC for Drug Import not Required if Past NOC for Drug Import same Drug Produced to Customs

The following Public Notice was issued by the Commissioner of Customs (Import), Jawaharlal Nehru Custom House, Nhava Sheva on 21 April 2011

[Ref: Public Notice No. 65 dated 21 April 2011]

Attention is invited of all Trade/Importers/CHAs and their employees that under the Drug & Cosmetics Act, 1940, No-objection Certificate (NOC) from Assistant Drug Controller (ADC) is required for the import of drugs/items capable of dual use etc. It has been reported that in the process, many such items also get referred to ADC for NOC which are otherwise not required in terms of the said Act. In such cases, ADC is giving the remarks on hard copy of Bill of Entry as “Not a drug.  Noted and Returned.” However, in the process, certain delay takes place.

2.  The matter was taken up with the local office of Asstt. Drug Controller to provide a list of the items where alone there would be a requirement of obtaining NOC from them, but no exhaustive list of the items has been provided. Though efforts are being made to get the list of such items from Head/Regional office of Drug Controller, till such time, to facilitate the clearance of such cargo, the following procedure is prescribed:

(i)  In Bills of Entry under assessment by Group, if the importer/CHA presents a copy of past Bill of Entry containing the remark of non-requirement of NOC from ADC for the item under assessment (whether for the same importer or otherwise), the Assessing Group shall not give examination order of ADC/NOC requirement for the said item.

(ii) In RMS facilitated Bills of Entry, notwithstanding the CCR instruction, the Docks officer shall not insist for ADC/NOC if the Importer/CHA presents a copy of past Bill of Entry containing the remark of non-requirement of NOC from ADC for the item under clearance (whether for the same importer or otherwise).

3.  Difficulties faced in the implementation of the Public Notice may be reported to undersigned.

F.NO. S/22-GEN- 153 /2010 AM (IMP) JNCH