The Importer M/s. A&S TRADERS filed Bill of Entry no. 2425319 dated 13.09.

2022, for
clearance of goods imported from the supplier M/s. PT. YAN TRADING & LOGISTICS,

Samples were forwarded to get clearance from FSSAI, PQ as per Single Window Interface for
Trade (SWIFT). Further, the said Bill of Entry was examined and reported fssai sample taken for
test and vide fssai test report (rejection report of food import) ncc no: ncc202200081170 dt
20.09.2022 & rncc202200000641 dt 04.11.2022, sample do not confirm to specifications under
fss act, 2016 and was rejected for import
"The sample DRIED COCOA BEANS does not conform to the standards laid down under
Clause 2.3.54 of Food Safety ft Standards (Food Products standards and Food additives)
Regulations, 2011 with respect to the above tested parameter." Importer had applied a review
application with FSSAI and the same has been rejected vide NCC no RNCC202200000641
dated 04.11.2022 with following remarks: "As per referral lab analysis report, the sample
COCOA BEANS does not conforms to the standard as per Regulation No 2.3.54 of Food Safety
ft Standards (Food Products standards and Food additives) Regulations, 2011, as the sample
shows moldy beans and salty beans above the maximum prescribed limit. The sample also
shows the presence of visible fungus and abnormal smell in it. The sample is thus substandard
under section 3(1)(zz)(x) of FSS ACT 2006."
Hence the goods namely "COCOA BEANS (433 BAGS)" imported vide Bill of Entry no. 2425319
dated 13.09.2022, is liable for confiscation under section 111(d) of the Customs Act, 1962, by
importing unsafe goods, the importer has committed an act which rendered the goods liable for
confiscation. Hence, the importer is liable for penal action under Section 112(a) of the Customs
Act, 1962.
Accordingly, AA confiscated the goods namely "COCOA BEANS (433 BAGS)" imported vide Bill
of Entry no. 2425319 dated 13.09.2022 with Total assessable value of Rs . 24,70,459/- under
Section 111(d) of the Customs Act, 1962 with an option to the Importer to redeem the goods on
payment of redemption fine of Rs.1,50,000/- under Sec-125 of the Customs Act, 1962 for the
purpose of re-export only and imposed penalty of Rs. 50,000/- on M/s. A&S TRADERS under
Section 112(a) (i) of Customs Act 1962 for having rendered the goods liable for confiscation.
and ordered for consignment of the impugned goods namely "COCOA BEANS (433 BAGS)" to
be re-exported to the country of export within 30 days from the date of receipt of this order.