Procedure of transhipment of export cargo from gateway ports like Chennai and JNPT - reg - Customs - 031/99

F.No.450/54/99-Cus.IV Circular No. 31/99-Cus dated 27/5/1999 Government of India Ministry of Finance Department of Revenue Central Board of Excise Customs, New Delhi Subject : Procedure of transhipment of export cargo from gateway ports like Chennai and JNPT - reg. The Export Promotion Board has examined the request of the trade that transhipment of containers of export cargo may be allowed at gateway ports like Chennai and JNPT, whereby goods which are customs cleared for shipment in small ports would be transhipped by coastal vessels to the gateway ports from where they would be sent on foreign voyage by foreign-going vessels. Similarly, on return journey, the transhipment of imported cargo may be allowed at, say, JNPT or Chennai so that the imported cargo containers can be taken to other smaller ports by coastal vessels for final Customs clearance of those goods at the said smaller ports. 2. The issue has been examined in the Board. On the imported side, the import goods can be allowed for transhipment under Goods Imported (Conditions of Transhipment) Regulations, 1995, whereby transhipment is allowed if the importer or the agent make an application to the proper officer seeking permission for transhipment of the imported goods and the imported goods are manifested for transhipment to the said Customs port. The transhipment of imported goods at these ports may therefore be allowed liberally. 3. For export goods, the shipping bills may be passed at the port of export and export be allowed, subject to the condition of execution of bond as provided under Regulation 4 of Goods Imported (Conditions of Transhipment) Regulation, 1995 and the export goods are manifested for the final destination through the transhipment port (hub port) like say "To Amsterdam through Chennai". 4. The issue of payment of drawback has also been examined. As per the Drawback Rules the drawback is to be paid when the shipping bills are passed and goods are loaded in ICD/CFS or port. Therefore, the drawback may be paid to the exporters as soon as the shipping bills are passed and goods are shipped at the originating port subject to the condition that the necessary bond has been executed by the Steamer Agent to bring and submit the proof for export to the Custom House within 90 days. For endorsement and release of AR 4s the procedure prescribed by Circular No. 354/70/97-CX-6 dated 13.11.1997 may be followed. The submission of proof of export by the steamer agents must be strictly monitored. 5. You may issue a suitable Notice keeping in view the above principles. The Commissioner of Customs, Kandla has also issued a Public Notice No. 12/98 dated 9.7.98, a copy of which is enclosed for reference. You may issue a suitable Public Notice in lines of the above guidelines within a fortnight. Sd/- (Rajendra Singh) Under Secretary to the Government of India Office of the Commissioner of Customs, Custom House, Kandla Public Notice No. 12/98 Subject : Procedure for export of goods from Kandla Port through gateway ports like Mumbai, J.N. Port etc. from Kandla as gateway port. 1. It is notified for information of all Steamer Agents, CHAs, Exporters and all other concerned that to facilitate movement of export cargo emanating from one port to be shipped from another gateway port, the following procedure is prescribed. Export of containers from Kandla port for shipment through other gateway ports 2. The exporter/CHA will file shipping bill in sextuplicate i.e. original, duplicate, two transference copies and one E.P. copy. In addition to the usual information given in shipping bill, the exporter will also mention the Gateway port of export on the shipping bill alongwith the serial number of container. The name of the feeder vessel alongwith the mother vessel which will carry the containers from gateway port should also be declared on the shipping bill. Each copy of the shipping bill will be endorsed that the goods are to be transhipped through Gateway Port other than Kandla Port alongwith the name of the Gateway Port. 3. The shipping bill will be processed in the usual manner. The cargo will be examined and stuffed and the container will be sealed by the Customs Officials as per the existing procedure. 4. The Appraising Officer/Examining Officer shall give "Let Export" order on the duplicate copy of the Shipping Bill as also on the both the transference copies. The E.P. Copy will be finally endorsed/stamped by the Customs Officials (A.O/E.O) to the effect that the goods will be transhipped at the gateway port mentioned on the shipping bill for their destination outside India. The E.P. copy will be finally endorsed only after receipt of transference copy evidencing the transhipment of goods from Gateway Port. 5. Preventive Officer, Docks Preventive section will examine the 'Let Export' order and allow shipment on Duplicate copy of shipping Bill and both the transference copies. After the contents are received on board and endorsed by the Master of the Vessel on Duplicate copy of the S/B and both the transference copy, the Preventive Officer Dock Preventive Section will endorsed the duplicate and both the transference copies of S/B as 'Supervised the Shipment on transference copies to the Supdt. Dock Preventive Section and Duplicate S/B to the Steamer Agent. 6. Superintendent Dock Preventive Section assigned the work of transhipment under this Public Notice, shall maintain a separate register ( In Annexure A' ) for such cargo and noting down the details of the shipping bills vessel-wise. He will ensure that the two transference copies of the shipping bill shall be placed in a sealed cover and handed over to the Steamer Agents who will be responsible for producing it alongwith the containers to the Customs Preventive Officer/Boarding Officers at the Gateway Port. The Dock Preventive Section will forward the details of such Shipping Bills vessel-wise to the Asstt.Commissioner, Export Section/Drawback. Section Gr. VII as the case may be in Form-I. 7. The Shipping Agent will continue to file EGM in respect of containers transhipped to gateway port. 8. The Shipping Agent shall deliver the transference copy of the Shipping Bill duly endorsed by Customs Authority at Gateway Port to Supdt. Dock Preventive Section. On receipt of transference copy of the Shipping Bill from the Gateway Port, the Dock Preventive Section shall enter the date of receipt of transference copy in the register maintained for this purpose. The Supdt. Dock Preventive will ensure that EP/AR4 copies are endorsed and the transference copies are delivered to export section/drawback section/Gr. VII preferably on the same day or on the next working day. The concerned section of the Customs House will, thereafter process the documents as per the prescribed procedure for Drawback, DEEC, DEPB benefits etc. Export of Containers from Kandla as the Gateway Port :- 9. The containers at Gateway Port i.e. Kandla will be unloaded and kept in a separate block under supervision of Customs Preventive Officer/Boarding Officer. The Shipping Agents will hand over the sealed cover containing transference copies to Supdt. Dock Preventive Section who will enter the details or all such transference copy in a separate register (Annexure 'B') maintained for this purpose. The name of the mother vessel, through which the goods are meant for export from Kandla Port will be verified/endorsed by the Preventive Officer. 10. At the time of loading of the Export containers on Mother Vessel, the Boarding Officer or Customs Preventive Officer nominated at Kandla will endorse the two transference copies of the shipping bills, after examing the containers, in the following manner :- (1) Inspected and found containers bearing the marks and numbers as the transference copy of the Shipping Bill. (2) The Customs Seals on the above mentioned containers are found intact. (3) All the containers mentioned above have been shipped under my supervision on the vessel. 11. If seals of the containers are found broken at the Gateway Port or anything is suspected suggesting tampering etc., Supdt. Dock Preventive may examine the goods and make suitable endorsement on the transference copies of the Shipping Bills. The arrangement for examination would be made by steamer agents who will also produce necessary documents like copy of shipping bills, Invoice etc. 12. As regards short shipment/shut out cargo from Gateway Port, suitable endorsement in transference copies will be made by the concerned P.O. The exporter has to file a fresh shipping bill at the gateway port for the shipment of remainder of such cargo on another vessel. 13. Immediately after shipment of goods from Kandla Port, the Customs Preventive Officer shall enter the name of mother vessel and date of shipment against the entry made at the time of receipt of transference copy of Shipping Bill and will hand over one transference copy to the Shipping Agent on the strength of which EGM will be files at that Port and second copy to Supdt. (Dock Prev.). The second transference copy in a sealed cover will be handed over to the shipping agent by Supdt. D.P. who will submit the same to the Asstt. Commissioner, Preventive at the port of filling the Shipping Bill for endorsing EP/AR4 copies and processing the documents as per the prescribed procedure for Drawback, DEPB benefits. 14. Supdt. (D.P.) will prepare summary of all outstanding entries where transference copy is not received from the Gateway Port on the last working day of every month and submit the same for perusal to Asstt. Commissioner incharge. This register will be put up for perusal to the Commissioner at the end of every quarter. Sd/- (A C Buck) Commissioner of Customs Customs House, Kandla F.No. S/20-26/98-Exp.Pt.II Kandla Date : 09.07.98 Office of the Commissioner of Customs, Custom House, Kandla Public Notice No. 26/98 dt. 31.08.1998 Subject : Procedure for Export of Goods from Kandla Port. Through Gateway Ports like as Gateway Port Attention is invited to steamers agents, CHAs, Exports and all others concerned, the Public Notice 12/98dt. 9.7.98 issued vide F.No. S/20-26/98-Exp.Pt. II regarding procedures in to facilitate movement of export cargo Emanating from Kandla Port to be shipped from gateway ports like Mumbai, J.N.Port etc. The Containers Shipping Lines Association (India) has represented to this Custom House regarding the difficulties experienced by their members in following certain procedure prescribed in the said public notice. The matter has been examined. The procedures prescribed under Public Notice No. 12/98 dtd. 09.07.98 is partially modified as under : 1) The procedure requiring declaration of the name of the mother vessel in shipping bills under Para 2 is hereby dispensed with. 2) The procedure prescribed regarding endorsement by master of the vessel on transference copies of the shipping bills under Para 5 is dispensed with. However, the procedure regarding endorsement by the Master of the Vessel on duplicate copy of S/Bill will continue to be followed. All other procedures prescribed in the Public Notice No. 12/98 dtd. 09.07.98 remain unchanged. Sd/- (A.C. Buck) Commissioner of Customs Customs House : Kandla. F.No. S/20-26/98-Exp.Pt.II Kandla, Dt. 31.08.98 Annexure 'A' Export Register for Shipment of Goods through other Gateway Ports Sr.No. Bill No. Date Description of Goods FOB Value Name of Exporter Name of Steamer Name of Steamer Vessel Name of Mother Vessel 1 2 3 4 5 6 7 8 Name of Boarding Officer Name of Gateway Port Name of Boarding Officer Date of receipt of transference on copy of S/B in Gateway Port Remarks Initial of P.O. 9 10 11 12 13 14 Annexure 'B' Export Register for Shipment of Goods through other Gateway Ports Sr. No. Date of receipt of transference copy of Shipping Bills S.Bill No. Date Description of goods FOB Value Name of Exporter Name of Steamer Agent Name of Feeder Vessel 1 2 3 4 5 6 7 8 Name of Mother Vessel Name of Originating Port Date of Shipment Date of delivery of transference copy of S/B to Steamer Agent Remarks Initial of P.O. 9 10 11 12 13 14 Form-I Daily Summary of Shipment through other Gateway Ports under DEEC/Drawback/Other Sr. No. S/Bill No. Date Gateway Port S/A ATS/Remarks 1 2 3 4 5