Applicability of provisions of the Notifications No. 417 (E) dated 27.05.2011 on Molasses used in Hookah containing tobacco

F.No. 528/133/2011-STO (TU)

Government of India

Ministry of Finance         
(Department of Revenue)
Central Board of Excise & Customs
Tariff Unit

*******

229A, North Block, New Delhi,

22^nd February, 2012.

To

All Chief Commissioners of Customs / Customs (Prev.),
All Chief Commissioners of Customs & Central Excise,
All Commissioners of Customs / Customs (Prev.),
All Commissioners of Customs & Central Excise,
All Directors General under CBEC.

Sir / Madam,

Subject:   Applicability of provisions of the Notifications No. 417 (E) dated 27.05.2011 on Molasses used in Hookah containing tobacco – regarding.  

            Reference has been received on import of molasses for use in hookah without compliance of the Cigarettes and other Tobacco Products (Packaging and Labelling) Rules, 2008 Rules, which prescribes the manner in which the specified health warning shall be displayed on the tobacco product packs covering all types of tobacco products produced, supplied and distributed in India.  The Rules came into effect from 31^st May, 2009 and a set of new pictorial health warning has been issued by the Ministry of Health & Family Welfare vide Notification G.S.R. No. 417 (E) dated 27^th May, 2011 which came into force from 1^st December, 2011. The Ministry of Health & Family Welfare has now confirmed that anything containing tobacco is covered under the Cigarette and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) (COPTPA) Act, 2003. 

2.         Accordingly, in continuation to the CBEC instruction of even number dated 30.11.2011, it is further clarified that imported Molasses used in Hookah containing tobacco have to bear the new specified health warnings as prescribed in the said Notification. A copy of the Rules is available on the Ministry’s website: www.mohfw.nic.in under National Tobacco Control Programme.

Yours faithfully,

(Subodh Singh)

OSD (Customs), Tariff Unit

Fax: 011 - 23092173