Circular No. 35 _/2019-Customs
F.No. 394/121/2018-Cus(AS)
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes & Customs
(Anti-Smuggling Unit)
KKK
New Delhi, dated O1lst October, 2019
To
All Principal Chief Commissioners /Chief Commissioners of Customs / Customs
(Preventive),
All Principal Chief Commissioners /Chief Commissioners of Customs & CGST,
All Principal Commissioners/Commissioners
of Customs / Customs (Preventive),
All Principal Commissioners /Commissioners of Customs & CGST,
The Director General, Directorate of Revenue Intelligence.
Madam / Sir,
Sub: Amendment in Import and Export Policy of electronic cigarettes- reg.
Kind attention is invited to the Notification No. 20/2015-2020 dated 26.09.2019
and Notification No. 22/2015-20 dated 30.09.2019 issued by the Directorate General of
Foreign Trade, Department of Commerce, Ministry of Commerce & Industry (copies
enclosed).
2: Considering the adverse health impact of e-Cigarettes/ENDS and in order to
prevent the initiation of nicotine through e-Cigarettes by non-smokers and youth, with
special attention to vulnerable groups, the Directorate General of Foreign Trade,
Department of Commerce, Ministry of Commerce & Industry has issued the aforesaid
Notifications to ensure that Import and Export of e-Cigarettes or any parts or components
thereof such as refill pods, atomisers, cartridges etc. including all forms of Electronic
Nicotine Delivery Systems (ENDS), Heat not burn products, e-hookah and the like
devices, by whatever name and shape, size or form it may have, but does not include any
product licensed under the Drugs and Cosmetics Act, 1940 under ITC HS Code: 8543 is
prohibited in accordance with the Prohibition of Electronic Cigarettes(Prohibition,
Manufacture, Import, Export, Transport, Sale Distribution, Storage and Advertisement)
Ordinance, 2019.
3. In view of the above, it is requested that all the officers under your jurisdiction may
be directed to ensure strict implementation of the aforesaid notifications so that any
attempts of Import/ Export of such goods can be effectively prevented.
Yours faithfully,
ei
rene Stivastdva)
Director (Anti-Smuggling)
Tel. No. 011- 26177519
Telefax-26 177-328/572/543
Encl: As above.
()
To be published in the Gazette of India Extraordinary Part-ll, Section-3, Sub-Section (il)
Government of India
Ministry of Commerce & Industry
Department of Commerce
Directorate General of Foreign Trade
Notification No. 20 /2015-2020
New Delhi, Dated: ,, September, 2019
Subject: Amendment in import policy electronic cigarettes.
S.O. (E): In exercise of powers conferred by Section 3 of FT (D&R) Act, 1992,
read with paragraph 1.02 and 2.01 of the Foreign Trade Policy, 2015-2020, as
amended from time to time, the Central Government hereby incorporates the
following import policy for import of electronic — cigarettes under HS Cade:8543
and under Para 13 of General Notes regarding Import Policy and as policy
condition No. 6 of Chapter 85 of ITC (HS), 2017, Schedule — | (Import Policy:
“Import of electronic cigarettes (e — cigarettes) or any parts or components
thereof such as refill pods, atomisers, cartridges etc, including all forms of
Electronic Nicotine Delivery Systems, Heat Not Burn Products, e - Hookah and
the like devices by whatever name and shape, size or form it may have, but
does not include any product licenced under the Drugs and Cosmetics Act,
1940, under HS Code: 8543 is Prohibited in accordance with the Prohibition of
Electronic Cigarettes (Production, Manufacture, Import, Exports, Transport |
Sale, Distribution, Storage and Advertisement) Ordinance. 2019
Effect of the Notification: Import of electronic cigarettes and parts or
components thereof is prohibited.
haturvedi)
Foreign Trade&
fe Government of India
(Alok Vard
Director Gener,
Ex- officio Secretary t
(F.No. Mon — 6872/AM01/PC-2 (A)— P-12364)
Note: The principal notification No 36/2015-2020, dated the 17th
January, 2017 was published in the Gazette of India, Extraordinary vide
number $.O0. 172 (E), dated the 17th January, 2017.
\W
To be published in the Gazette of India Extraordinary Part — Il, Section — 3, Sub — Section (II)
Government of India
Ministry of Commerce and Industry
Department of Commerce
Directorate General of foreign Trade
Notification No. 22./2015-20
New Delhi, Dated: 20 September, 2019
Subject : Amendment in Export Policy of Electronic Cigarettes
S.O. (E): In exercise of the powers conferred by Section 3 of FT (D&R)
Act, 1992, read with paragraph 1.02 and 2.01 of the Foreign Trade Policy,
2015-2020, as amended from time to time, the Central Government hereby
incorporates Chapter 85 in ITC (HS) Export Policy, 2018.
2. Export of Electronic Cigarettes ( E — Cigarettes) including all forms of
Electronic Nicotine Delivery Systems, Heat not burn products, e-hookah and the
like devices, by whatever name called and whatever shape, size or form it may
have, but not including any product licensed under the Drugs and Cosmetics Act,
1940 or any parts or components thereof such as refill pods, atomisers,
cartridges etc under Chapter 85 ITC (HS) code 8543 is prohibited in accordance
with the Prohibition of Electronic Cigarettes (Production, Manufacture, Import,
Export, Transport, Sale, Distribution, Storage and Advertisement) Ordinance
2019.
3. Effect of this Notification: Export of Electronic Cigarettes and Parts or
Components thereof is prohibited.
K
(Alok Var. Chaturvedi)
Director General of Foreign Trade
Ex-Officio Secretary, Government of India
E-mail: dgft@nic.in
(Issued from F. No. 01/91/180/05/AM20/EC)
