Sale On High Seas - Customs - 226/83-CUS-BOMBAY

226/83-CUS-BOMBAY Dated On : 16-11-1983 Sale of imported goods on high seas by canalising agency/export house etc. (Bombay New Custom House Public Notice No. 226, dated 16.11.83) 1. Attention of Importers, Custom House Agents and other concerned is invited to this Custom House Public Notices No. 16/6.2.78 and 116/22.6.82. 2. In partial modification to the above two Public Notices, the Bills of Entry will henceforth be allowed to be noted in the name of "High Seas Buyer/Allottee" provided satisfactory evidence, namely, a valid contract enforceable in law, containing date of commencement of agreement and having provisions for loss/damage and to discharge obligations created by contract along with the original negotiable copy of Bill of Lading duty endorsed in favour of "High seas sale buyer/allottee" or a Delivery Order in favour of the said "buyer/allottee" is produced in support of the transaction. 3. Various conditions attached to the importation assessment and clearance of goods in terms of the Customs Tariff Act, 1975 , Customs Act, 1962 , Import Trade (Control) Order 1955 read Imports Exports (Control) Act, 1947 and other relevant allied Acts are required to be fulfilled by the importers alone. 4. In the circumstances, any declaration, undertaking, bond etc. required to be filed at the time of importation in terms of the provisions of the relevant Act/Order/Notification etc. has to be given by the importer only. Any declaration undertaking etc. by the allottee, high seas sales buyer, transferee etc. does not absolve the importers from fulfilling the condition attached to the importation, assessment and clearance of the goods. 5. The question of acceptance of such declaration, undertaking, bond etc. by the importers will be considered on the basis of factual position and prima facie evidence available about the capability of the importers to fulfill the said condition. 6. Besides any post importation evidence in support of the fulfillment of the said condition (e.g. consumption certificate) has to be produced by the importers alone. 7. In the circumstances, this Custom House shall not accord any claim, benefit, concession etc. where prima facie the importers have no capability for fulfilment of the conditions attached thereto. 8. Each importation will be dealt with by this Custom House on the basis of above principles. 9. Public Notices Nos. 16/6.2.78 and 116/22.6.82 are deemed to be amended accordingly. (Fill No. S/26-57/83 COG) Clarification:- As per the circular, it is stated that in partial modification to the above two Public Notices (No. 16/6-2-1978 No. 116/22-6-1982) the bill of entry will henceforth be allowed to be noticed in the name of High sea buyer/Allottee provided satisfactory evidence, namely, a valid contract enforceable in Law, containing date of commencement of agreement and having provisions for loss /damage and to discharge obligations created by contract along with the original negotiable copy of bill of lading duly endorsed in favour of high sea sale buyer/allottee or a delivery order in favour of the said buyer/ allottee is produced in support of the transaction