Seizure of goods entered for exportation on account of misdeclaration of quantity, value etc. – provisional release instructions – reg - Customs - 033/05

Seizure of goods entered for exportation on account of misdeclaration of quantity, value etc. - provisional release instructions - reg CIRCULAR NO. 33/2005-CUSTOMS 2nd August, 2005 F.NO.605/3/2004-DBKGovernment of India MINISTRY OF FINANCE DEPARTMENT OF REVENUE CENTRAL BOARD OF EXCISE CUSTOMS Sub: Seizure of goods entered for exportation on account of misdeclaration of quantity, value etc. - provisional release instructions - reg. The undersigned is directed to invite your attention to the above mentioned subject and to state that an issue has been raised as to whether goods entered for exportation, which are seized for mis-declaration of quantity, value etc, can be released provisionally pending investigation, adjudication and appeal proceedings. 2. It has come to the notice of the Board that sometimes goods entered for exportation are detained or seized by the field formations for mis-declaration of quantity, value, etc. Such goods are not allowed to be exported even on a provisional basis pending completion of investigation, adjudication or appeal proceedings. However, these proceedings usually take a considerable time to conclude; in the meanwhile, the goods deteriorate and lose their intrinsic value. Consequently, issues like payment of demurrage charges to the custodians and export benefits to the exporters arise. Detention or seizure of goods also adds to congestion in ports, ICDs, etc. It has been observed that such a course of action benefits neither the department nor the exporter. On the contrary, if the consignments are allowed to be exported on a provisional basis, pending completion of investigation and adjudication proceedings, the country would earn valuable foreign exchange and the exporter would get the appropriate price for goods. 3. The matter has been examined by the Board. Having regard to the problems associated with the seizure of export goods, it has been decided that except for prohibited/contraband goods, the seized goods should be released provisionally and allowed to be exported on execution of a bond for an amount equivalent to the value of seized goods and probable fine and penalty which might be imposed. However, no export benefits shall be allowed in such cases until the matter is finally decided, and the bond to be executed for provisional release shall contain a clause to this effect. 4. A suitable Standing Order may be issued for the guidance of the staff. Difficulties faced, if any, in implementation of the Circular may be brought to the notice of the Board at an early date. Receipt of the Circular may kindly be acknowledged. M. SUBRAMANYAM DEPUTY SECRETARY(DBK) TELEFAX:23360581