Circular No. 19/2001-Cus.
23^rd March, 2001.

F.NO.605/47/2001-DBK

Government of India

Ministry of Finance

Department of Revenue

Sub: Export of sub-standard drugs by various companies and claiming DEPB /Drawback benefits thereon.

            DRI has issues an alert Circular No. 12/2001 from F.No. 50D/9/2001-C1 dated 09.02.2001 on the above subject whereas it appears that certain lesser known companies are attempting to export sub-standard formulations, which do not conform to the composition declared on the containers/labels, and may be of little therapeutical value and may not conform to pharmacoepea; these drugs are attempted to be exported under various export promotion schemes.

2. In such cases, it appears that the actual composition of drugs exported is different from the composition given on the containers/labels, and thus would constitute mis-declaration. Such cases would fall under the category of mis-declaration under various provisions of Customs Act, which would be attracted in such cases. In view thereof, apart from necessary action under the Customs Act such exports would not be eligible to the benefits under various export promotion schemes which are otherwise available for export of certain standard formulations assuming certain percentages of active ingredients imparting therapeutical properties etc.
   
3. Contents of this Circular may be brought to the notice of the concerned officers and a watch be kept to ensure that attempt is not made to get away with unwarranted export benefits by misdeclaring nature & composition of Drugs / formulations.