MIV Logistics Container Freight Station, Kanayannur Taluk, Ernakulam District -procedure to be followed in respect of import, export and transshipment cargo and the movement of containers into and out of the Container Freight Station - reg. - Customs - TF 02/2014

Telephone 2666422, 2666778, 2666774 to 2666776 Fax 0484-2668468 email: [email protected] Website: www.cochincustoms.gov.in OFFICE OF THE COMMISSIONER OF CUSTOMS CUSTOM HOUSE: COCHIN- 682009 TRADE FACILITY NO. 02/2014 Sub: MIV Logistics Container Freight Station, Kanayannur Taluk, Ernakulam District -procedure to be followed in respect of import, export and transshipment cargo and the movement of containers into and out of the Container Freight Station - reg. Attention of all Importers / Exporters / CHAs / Steamer Agents / Public is invited to this Custom House Notification No.07/2013 dated 06.09.2013 notifying the limits and boundaries of the premises of M/s. MIV Logistics Private Limited, Block No.2, Resurvey No.31/25, Mulavukadu, Kanayannur Taluk, Ernakulam District as Customs area for setting up of a Container Freight Station (CFS) and Notification No. 13/2013 dated 04/12/2013 appointing M/s. MIV Logistics Private Limited Container Freight Station, hereinafter known as MLPCFS , as Custodian of import / export cargo. The normal working hours of the MLPCFS shall be from 10 am to 5 pm every working day and they shall observe all the Central Government holidays and Sundays as is followed by this Custom House. All instructions governing the functioning of a CFS shall be read along with the existing instructions, as applicable, issued by the department under various provisions of Customs Act / Rules / Regulations / Circulars etc. and these are meant to supplement the existing instructions and not to substitute them. The procedures to be followed for import, export and movement of containers into and out of the MLPCFS are as follows:- IMPORT 1. The custodian code of MLPCFS is INCOK1MLP1. 2. The MLPCFS is authorized to deal with FCL and LCL import cargo. The FCL containers shall be stored only at the designated places inside MLPCFS which shall be distinctly separated from export / empty containers in the CFS. 3. The MLPCFS operator has executed Bond for ₹ 1 Crore. The Supdt (Prev.)/Appraiser shall, at the end of every month, verify the sufficiency of the Bond based on the quantum of cargo stored at that point of time and if any extra amount of Bond is required, the same shall be brought to the notice of Assistant / Deputy Commissioner of Customs (Import Bond) and Assistant / Deputy Commissioner of Customs (Docks / CFS) immediately. 4. The movement of imported containers from ICTT to MLPCFS shall be in accordance with the procedures notified vide Trade Facility No.4/2011 dated 10.02.2011 issued by this Custom House. The movements shall be regulated through the Gate module of the EDI system. The Trade Facility No.31/2013 dt.29.10.2013 issued by the Custom House may be referred for details in this regard. In case the movement of imported containers could not be effected through Gate Module for any reason, the same shall be permitted manually on merits by AC/DC(Docks) . For such permission, an application as per the format prescribed in aforesaid TF No.29/2013 may be filed before the Supdt of Customs (ICTT) who shall recommend the eligible cases for AC/DC(Docks) for approval. The particulars of movement of such containers in the manual mode shall be entered in separate Register maintained in ICTT Gate as well as the CFS. Proper receipt of such container(s) at the CFS shall be ensured by the ICTT Gate officer and the date of receipt at CFS shall be entered in the register for records/reconciliation of entries. To enable this, a weekly report of such containers received in manual mode may be prepared by the Gate Officer at CFS and forwarded to the ICTT Gate officer (However, for movement through Gate module , there is no need to maintain any such manual records, as the relevant particulars are captured by the System). 5. On arrival of the imported containers from ICTT to the CFS, the Gate officer (Inspector) in charge of Gate module shall verify the container number and seal number as per the particulars available in the Gate module. The Gate officer at CFS shall also check whether seals of container are intact and whether the transit time is normal. If any discrepancies /tampering of seals are noticed, he shall immediately report the matter to the Supdt. of Customs in the MLPCFS, who in turn shall bring the matter to the notice of the Assistant / Deputy Commissioner (CFS) along with his observations for further orders . The container shall be sealed with a customs bottle seal during the interim period. 6. The applicant for movement of container shall ensure that the container reach within 1 hour of the out time from ICTT gate. In case the transit time is more than 1 hour, an explanation shall be obtained from the applicant for the delay and the same shall be put up to the Assistant / Deputy Commissioner (Docks / CFS), who shall verify and condone the delay if contented that the reasons given are bonafide. 7. The Inspector (PO) posted at MLPCFS shall keep a record of all import containers received and allowed out of charge, so that the containers/consignments available in the CFS at any point of time can be easily monitored. 8. At the MLPCFS, the CFS operator shall maintain a detailed register indicating the details of containers received, date of issue and receipt of the containers with all the relevant particulars relating to the consignments like date and time of receipt, container number, IGM number, line number, size of the container, name of the importer etc. The MLPCFS operator shall also maintain complete account of the receipt, destuffing, clearance of import goods and details/date of removal of empty containers. They shall submit the register for Customs scrutiny once in a week and at any time on demand. They shall also give a weekly statement to the Assistant / Deputy Commissioner of Customs (CFS) indicating the total number of containers received, the number of containers cleared and the balance pending. The Inspector(PO) shall cross-check the particulars with the records maintained by him. In case any mismatch is noticed, physical verification shall be conducted under the supervision of Supdt. posted there. If the discrepancy is confirmed, the Supdt shall prepare a detailed report and submit the same to Assistant/Deputy Commissioner (Docks / CFS) for further orders. 9. As far as LCL cargo is concerned, the MLPCFS operator shall apply to the Supdt. for de-stuffing permission. The de-stuffing shall be done under the direct supervision of the Inspector(PO) who shall also ensure that the cargo is stored in the designated place earmarked in the shed for LCL import cargo. The cargo pertaining to individual line of an IGM shall be stored at one place to the possible extent. An account of such LCL cargo shall be maintained in a separate Register both by the custodian and the Customs. This record shall also indicate the container number in which the cargo was brought, IGM number, Line number, date of destuffing, No. of packages destuffed, condition of packages, shortage/excess, the identity of the place (like bay / row number) etc. At the time of destuffing, if there is any discrepancy between the B/L and the cargo, the same shall be reported to the Supdt. who shall report the matter to the AC/DC (CFS) along with his observations for further orders . Supdt. may disallow de-stuffing of goods of any particular type or class in public interest, subject to approval from AC/DC (CFS). 10. The Inspector/ Appraiser / Supdt. posted at the MLPCFS shall examine the cargo as and when the relevant bills of entry are presented by the importers / Customs Brokers . The examination and clearance shall be in accordance with the instructions issued by CBEC from time to time and the instructions as per the Risk Management System (RMS), Public Notice No.37/2007 dated 12.12.2007 may be referred in this regard for details. For LCL cargo, the bill of entry shall be initially presented to the MLPCFS manager who shall make stacking endorsement indicating the location of the cargo and number of packages. The import cargo shall not be taken out of CFS without the out of charge by the proper officer of Customs. The delivery of the out of charge cargo shall be done under the supervision of Supdt(Prev.)/ Inspector(PO) . In case of any doubt regarding the identity of goods examined, the Inspector (PO) shall consult the officers who have examined the goods before permitting delivery. 11. Separate registers shall be maintained for details of facilitated and non-facilitated consignments and LCL consignments under the supervision of the Appraiser/Supdt in charge of import examination. On grant of Out of Charge order, the importer/Customs broker shall submit the Dockets of concerned consignments to Customs, for prompt dispatch of the same to Audit/MCD. The Appraiser/Supdt in charge of import examination shall maintain necessary records of transmission of dockets. 12. If the goods are not cleared from the MLPCFS within 30 days of the date of their landing at ICTT, the custodian shall initiate action as per the provisions of Section 48 of the Customs Act, 1962. The MLPCFS operator shall make necessary arrangements for conducting auction of unclaimed/uncleared goods. However, in the case of confiscated goods, the same shall be inventorized, taken over and auctioned by the Custom House. 13. After out of charge‟ is given by the proper officer for a bill of entry, the MLPCFS operator shall permit clearance of the goods out of the CFS. The MLPCFS operator shall maintain a copy of out of charge‟ memorandum as part of his records and the same shall be produced as and when demanded by Customs. 14. The empty containers that are required to be taken out of the MLPCFS after de-stuffing, shall also be covered by a gate pass, issued by the MLPCFS operator which shall be countersigned by the Supdt. of Customs in charge of MLPCFS. The gate pass issued by the MLPCFS operator for removal of the empty containers shall contain the serial number and other details of the containers. The Inspector (PO) at the gate shall physically check the empty containers so as to ensure that no goods are removed unauthorized. He shall collect the gate pass and enter the particulars in the register maintained for this purpose. 15. The present procedure of filing and processing of bills of entry and payment of duty at the notified Bank/Custom House shall be followed in the case of goods cleared from MLPCFS also. EXPORT Exporters who desire to avail the facility of examination and container loading/stuffing of export cargo into the containers at the MLPCFS are allowed to do so, subject to observance of applicable procedures and conditions applicable to examination and stuffing of export goods outside port premises as detailed below:- 1. The custodian shall allow export cargo into the MLPCFS only when the exporter produces Check list and other declarations, viz, Invoice, Packing list, AR-4, Drawback/DEEC declarations, SDF and other documents as per Shipping Bill (Electronic declaration) Regulations, 2011 as amended, filed by the Exporter in the Service Centre. No export cargo shall be allowed into MLPCFS without the above documents. The MLPCFS operator shall receive the export goods and properly stacks the goods for easy identification and examination of goods. Before Customs examination, the checklist Shipping Bills shall initially be presented to the MLPCFS Manager for stacking endorsement‟ indicating the location and number of packages. Thereafter, the Shipping Bill shall be presented to the Appraiser/Superintendent (Prev.)/Inspector in charge of Export examination for examination / completion of other procedures, in accordance with the instructions issued by the CBEC from time to time and the RMS(Export) instructions in the EDI system. Exporters shall get the checklist Shipping Bills for export goods assessed at the Custom House wherever required, as per RMS instructions for export. The Trade Facility No.38/2013 dated 19.12.2013 of the Custom House refers in this regard. In the case of any manual Shipping Bills, the assessed Shipping Bill shall be produced before the Appraiser / Superintendent (Prev.) after obtaining the stacking endorsement by the custodian. 3. Separate registers may be maintained for details of facilitated and non-facilitated consignments and LCL consignments under the supervision of the Appraiser/Supdt in charge of export examination. On grant of Let Export Order , the exporter/Customs Broker shall submit the Dockets to Customs for prompt dispatch of the same to Audit/MCD. The Appraiser/Supdt in charge of export examination shall maintain necessary records regarding onward transmission of dockets. 4. The export cargo for which Let Export Order (LEO) is given shall be stored separately from other export cargo, if it is not planned for immediate stuffing. Shifting of such cargo shall be under the supervision of Inspector (PO) and the same shall be endorsed in the relevant registers maintained by both the Custodian Customs. Once the Let Export Order is given for a consignment, stuffing shall be done in the presence of Inspector (PO) who shall also seal the export container with the customs bottle seal and endorse the particulars on the Shipping Bill. The stuffed container shall then be allowed to be moved to ICTT, Vallarpadom, in accordance with the procedures for movement of export containers through Gate module. The Trade Facility no.16/2013 dated 17.05.2013 may be referred in this regard. The Inspector in charge of Gate module (Exports) shall periodically ensure that all such containers exited from the CFS have duly entered the ICTT for onward shipment. 5. The containers stuffed at Exporter s premises under supervision of designated Agencies and those stuffed under the self-sealing facility available to select exporters shall also be handled in the CFS. Grant of LEO of such consignments shall be in accordance with the instructions issued by the CBEC from time to time as well as the RMS instructions at the time of Goods Registration. 6. For the purpose of movement of loaded containers from the MLPCFS to ICTT, the MLPCFS operator shall issue gate passes which shall be countersigned by the Appraiser/Superintendent (Prev.). This shall contain particulars like Shipping Bill number, Containers number, Seal number and Vehicle / Trailer numbers etc. The Preventive Officer at the MLPCFS gate shall endorse the out-time of the containers from the MLPCFS. All containers shall reach ICTT gate within one hour from the time of exit from MLPCFS. In case of any delay, the same shall be brought to the notice of the Assistant / Deputy Commissioner (Docks / CFS) by the Gate Officer/Supdt. of Customs at ICTT who shall condone the delay if the reasons given therein are bonafide. In case of seal tampering, the goods shall be brought back to MLPCFS after putting customs bottle seal by the Gate Officer of Customs at ICTT with the permission of Assistant / Dy. Commissioner (Docks/CFS). 7. The movement of export containers from ICTT to MLPCFS shall be in accordance with the procedures notified vide Trade Facility No.4/2011 dated 10.02.2011 issued by this Custom House. The movements shall be regulated through the Gate module of the EDI system. The Trade Facility No.16/2013 dated 17.05.2013 issued by the Custom House may be referred in this regard. 8. The Appraiser/Superintendent (Prev.) in charge shall send a weekly statement of containers allowed for export from the MLPCFS to the Container Cell at Docks. The Container Cell shall tally these details with gate records and preserve such records. In case of any discrepancy, the same shall be immediately reported to Assistant / Deputy Commissioner (Docks / CFS) for further necessary action. 9. If for some reasons, the goods stuffed into containers at the MLPCFS and brought for export to the ICTT and are not exported and if the exporters are intending to take them back to town, such cargo shall be allowed to be removed to town only with the permission of the Assistant / Dy. Commissioner (Docks / CFS) after observing due formalities in this regard. Such Removal to town of export cargo shall be subject to sample examination / verification of the cargo and cancellation of LEO in system. 10. The Steamer Agents who desire to take empty containers inside MLPCFS for stuffing export cargo shall get the permission from the Appraiser / Superintendent (Prev.) in charge of MLPCFS. The Steamer Agents shall produce the permission letter along with the containers to the Inspector (PO) at the gate of the MLPCFS. The Inspector (PO) shall check the empty containers and allow the same to be taken inside the MLPCFS and make necessary entries in the register maintained for this purpose and retain and preserve the permission letters for records. 11. The facility of examination and stuffing of export cargo at the MLPCFS shall also be utilized for goods to be exported through other ports. In such cases, the Appraiser/Superintendent of Customs (Prev)/Inspector shall examine the goods with reference to the details given in the invoices and after sealing, the invoices shall be suitably endorsed. Shipping Bills are to be filed at the Port of shipment on the basis of the certified invoices and gate pass issued from the MLPCFS. The exporter are required to follow all other provisions related to transshipment / consolidation. GENERAL 1. The CCSP/Custodian shall ensure that any cargo seized/detained by investigating agencies like SIIB/DRI/NCB etc. is stored separately from the normal cargo. No rent/ handling charges shall be charged by the custodian for the storage and safe custody of detained/seized cargo from the seizing authorities. Similarly, CCSP/ Custodian should provide separate and dedicated storage space meant for fumigation by the Plant Quarantine authorities, so as to avoid cross contamination from untreated goods. CBEC instructions dated 23.7.2013 refers in this regard. The valuable/ hazardous cargo shall also be segregated and stored separately. 2. The staff posted at the MLPCFS shall be under the direct control of the Assistant / Deputy Commissioner (CFS). 3. The movement of import/export consignments between MLPCFS ICTT Vallarpadom shall be in accordance with the procedures outlined in the Trade Facility No.4/2011 dt.10.02.2011. Further, the movement of export/import containers shall be regulated through the Gate module in accordance with Trade Facility No.16/2013 dt.17.05.2013 and Trade Facility No.31/2013 dt.29.10.2013 issued by this Custom House. The Gate officer at CFS shall ensure receipt of import containers bound to CFS from ICTT and receipt of export containers exited from CFS at ICTT. Wherever the movement of containers could not be regulated through the gate module, the movement in the manual system shall be with approval of AC/DC(Docks/ICTT). The Registers regarding such movements shall be maintained by the Custodian as well as by the Gate officer(Inspector). The gate officer shall reconcile the movements in consultation with Gate officers in ICTT. 4. The Custodian shall maintain necessary records/registers regarding arrival and dispatch of import and export containers. They shall also maintain records/registers regarding stacking, clearance and delivery of consignments. The registers shall be made available to Customs for verification whenever required. 5. This Trade Facility shall come in to force with effect from 10.01.2014 and shall remain in force until further orders. 6. Any deviation in the above procedure shall be brought to the notice of higher authorities immediately. Difficulties, if any, on implementation of the above may be brought to the notice of the undersigned. (Dr. K.N. RAGHAVAN) COMMISSIONER F.No.S25/209/2011 I B Cus.