Customs procedure for ICTT, Vallarpadom, Cochin Port. - Customs - 04/2011

OFFICE OF THE COMMISSIONER OF CUSTOMS Custom House, Wiliingdon Island, Cochin 682 009 Tel: 0484-2668068/2668390. PBX: 0484-2666861 to 6864. Fax: 0484-2668468 TRADE FACILITY No. 04/2011. Sub:- Customs procedure for ICTT, Vallarpadom, Cochin Port. ** The International Container Transshipment Terminal (ICTT) at Vallarpadam, Cochin is going to be operational shortly. The following procedure to facilitate the arrival of vessels, import and export of containers and transshipment of containers is notified for information of all concerned. 1. Filing of Import General Manifest (IGM) and Export General Manifest (EGM) under Section 30 and Section 41 of the Customs Act, 1962 . Under the existing provisions, the Carriers or any other person(s)/agent in terms of section 148 of Customs Act, 1962 , responsible for filing of Import Manifest/ Export Manifest are required to register themselves with the respective jurisdictional Commissioners of Customs and are required to file Import Manifest prior to arrival of the vessel. The IGM/EGM for vessels arriving at ICTT, Vallarpadom should be filed at Custom House, Willingdon Island, Cochin as per procedure outlined in Public Notice/Trade Facility already issued by Custom House, Cochin. 2. Boarding of vessels and grant of Entry Inwards/Entry Outwards under Section 37 , 31 and 39 of the Customs Act, 1962 . On arrival of the vessel, the shipping line will approach the Inspector (Preventive Officer) of Customs at the ICTT for boarding of the vessel under Section 37 of the Customs Act, 1962 , for granting entry inwards to unload imported goods at approved places as envisaged under Section 31 33 and entry outwards to load export of Cargo under Section 39 of the Customs Act, 1962 . Unloading and loading of cargo shall be subject to the provisions of Section 34 of the Customs Act, 1962 .Before making the application, the shipping line would make payment of the Light House dues at Custom House, Willingdon Island, Cochin. The present procedure being followed at Cochin Port will be continued at ICTT also. As per the provision of Section 37 of the Customs Act, 1962 , the vessels berthed at ICTT will remain under the Preventive control of Section Officers, posted at ICTT who will be supervised by the Divisional Superintendents (Preventive). The Officers duly authorized under the Customs Act, 1962 , will do rummaging of the Vessels berthed at ICTT as per the provisions of Section 37 and 106 of the Customs Act, 1962. The vessels containing Foreign and Coastal cargo shall comply with the provisions of Chapter XII of the Customs Act, 1962 and the procedures outlined in the CBEC Circular No. 15/2002 Cus dated 25.02.2002 and the Public Notice issued in this regard. 3. Filing of Bills of Entry and Shipping Bills under Section 46 and 50 of the Customs Act, 1962 . The existing procedure for filing of Shipping Bills under Section 50 of the Customs Act, 1962 , and Bills of Entry under Section 46 of the Customs Act, 1962 shall continue. 4. Containers meant for DTA clearance Containers intended for DTA importers would be moved immediately to a Container Freight Station (CFS) of the importers choice within the jursidication of the Commissioner of Customs, Cochin with the permission of the Assistant Commissioner/Deputy Commissioner of Customs, ICTT. All Shipping Lines/Steamer Agents will be required to compulsorily indicate in the IGM against each line, the name/code of the CFS opted for and intimated by the importers/CHAs for clearance of their imported cargo. For this purpose, the importers/CHAs are advised to intimate the Shipping Lines/Steamer Agents about their option of the destination CFS, at least 72 hours prior to the arrival of the vessel (Entry Inwards) in ICTT, Vallarpadom. Where intimation regarding the destination CFS is not received from the Importers/CHAs, prior to 72 hours of the arrival of the vessel (Entry Inwards), the Shipping Lines/Steamer Agents may declare may declare Cochin Port as destination at the time of the filing of IGM. In case, such a declaration is not made, M/s. IGTPL will move such containers to Cochin Port, with the approval of Customs and under intimation to the Shipping Lines/Steamer Agents concerned. The Steamer Agent/CFS shall obtain a CFS Movement Approval Order and Container permit for such containers from Customs and produce a copy of it before the Inspector (Preventive Officer) of Customs at ICTT. If manual CFS Movement Approval Order is issued by the AC/DC of Customs, ICTT Customs Gate Officer will verify his copy and release the container after noting the out time . If the CFS Movement Approval Order is through the EDI system, CFS Movement Approval Order will be verified in the system by the ICTT Customs Gate Officer who will enter the out time in the system. On landing, containers with seals tampered, absent or incorrect will be handed over to the Customs. Following the general guidelines laid down by the Bombay High Court in Shaw Wallace Co. Ltd. v. Assistant Collector of Customs (in Writ Petition Nos.1236/1981 and 1354/1984) , in case where the container seal is found broken, the survey report will be prepared of the contents of such container in the presence of Customs Officer and this survey should be carried out within 72 hours after the container is unloaded and seal is found broken. The Customs Officer and M/s IGTPL should ensure that the container is re-sealed after completion of the survey. Any shortage noticed in such survey report will have to be accounted for by the carrier and the liability for such shortage will be solely of the carrier. 5. International transhipment of containers International transshipment (ITP) containers of Full/Less than Container Load (FCL/LCL) cargo can be handled at ICTT, Vallarpadom. Custodian would provide a segregated secure space for ITP containers. ITP containers of Full Container Load (FCL) cargo would be transhipped under the supervision of the authorised officers of the SEZ. LCL cargo meant for domestic trade would be securely forwarded only to the Cochin Port under proper authorization from Customs. Custodian would maintain the record of ITP FCL/LCL cargo, both loaded and unloaded, and submit a monthly summary to Customs showing Import Vessel name/Voyage/IGM No./Line No. and Export Vessel Name/Voyage /EGM No. to facilitate closure of manifests. Both Customs and SEZ procedures as laid out require International transshipment of cargo to be effected within 30 days of Entry Inward of the importing ship. The permission for transshipment cannot be given to cargo having arms, ammunition, explosives and other cargo considered as constituting a threat to the security/safety and integrity of the country and other goods attracting prohibition under Section 11 of the Customs Act, 1962. However goods which are restricted as per the Foreign Trade Policy may be permitted for transshipment to destination abroad. Further, transshipment shall not be allowed to any port/destination, in respect of which any order or prohibition is in force for the time being. The provisions of Section 48 of the Customs Act relating to the procedure in case of goods not transshipped within 30 days after unloading have been made applicable to the goods meant for transshipment as these are covered under the scope of imported goods . 6. Movement of export containers from ICTT for shipment through other gateway ports The exporter/CHA will file Shipping Bill at Custom House, Cochin. In addition to the usual information given in shipping bill, the exporter will also mention the Gateway port of export on the Shipping Bill along with the serial number of container. The name of the feeder 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 transshipped through Gateway Port, along with the name of the Gateway Port. 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 at the respective CFS's, as per the existing procedure. The Appraising Officer/Examining Officer shall give Let Export order in the EDI System and endorse copies of the Shipping Bills as also on both the additional/transference copies. The Transferance copy will be suitably endorsed/stamped by the Customs Officials (A.O./E.O) to the effect that the goods will be transhipped at the ICTT /gateway port mentioned on the Shipping Bill for their destination outside India. The E.P. copy will be finally endorsed only after receipt of endorsed transference copy evidencing the transhipment of goods from the ICTT / Gateway Port as the case may be. The Inspector (Preventive Officer) of Customs at the ICTT will examine the Let Export order and allow shipment on the relavent copies of Shipping Bill and both the additional/transference copies. After the contents are received on board and endorsed by the Master of the Vessel on relevent copy of the S/B and both the transference copies will be handed over to the Superintendent, ICTT. Superintendent, ICTT assigned the work of transhipment under this Public Notice, shall maintain a separate register (in Annexure A ) for such cargo and note 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 along with 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 Astt. Commissioner, Export Section/Drawback Section /Gr. VII as the case may be in Form-I. The Steamer/Shipping Agent will continue to file EGM in respect of containers transhipped to gateway port. The Shipping Agent shall deliver the transference copy of the Shipping Bill duly endorsed by Customs Authority at Gateway Port to Superintendent, ICTT. 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 Superintendent, ICTT will ensure that Transferance/AR4 copies are endorsed and the transference copies are delivered to export section/drawback section/Gr. VII preferably on the same day or on 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. Superintendent 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 in charge. This register will be put up for perusal of the Jt./ Addl. Commissioner at the end of every quarter. 7. Export of Containers from Cochin as the Gateway Port The containers received at ICTT, Vallarpadom as Gateway Port will be unloaded and kept in a separate block under supervision of Inspector (Preventive Officer) of Customs at the ICTT. The Shipping Agents will hand over the sealed cover containing transference copies to Superintendent (Preventive) who will enter the details off all such transference copy in a separate register maintained for this purpose. The name of the mother vessel, through which the goods are meant for export from ICTT will be verified/endorsed by the Inspector (Preventive Officer). At the time of loading of the Export containers on Mother Vessel, the Inspector (Preventive Officer) of Customs will endorse the two transference copies of the shipping bills, after examining the container, in the following manner- (1) Inspected and found containers bearing the marks and numbers as per 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. If seals of the containers are found broken at the Gateway Port or anything is suspected suggesting tampering etc., Superintendent (Preventive) may make necessary arrangement to 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. As regard short shipment/shut out cargo from Gateway Port, suitable endorsement in transference copies will be made by the Preventive Officer concerned. The exporter has to file a short shipment notice as per law and obtain necessary endorsements for the shut out cargo and subsequent shipments at the gateway port for the shipment of remainder of such cargo on another vessel. Immediately after shipment of goods from gateway port, the Inspector (Preventive Officer) of Customs 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 filed at that Port and second copy to the Superintendent. The second transference copy in a sealed cover will be handed over to the shipping agent, who will submit the same to the Asstt. Commissioner, Preventive at the port of filing the Shipping Bill for endorsing Transferance/ARE's copies and processing the documents as per the prescribed procedure for Drawback, DEEC, DEPB benefits. 8. Movement of containers As and when the container operations at Cochin Port are re-located to ICTT, Vallarpadom, Custom officers posted at ICTT will monitor the import and export of laden/empty containers under container permits/temporary landing permits, movement of containers to ICDs, CFSs and sealing of the containers etc. In the case of export containers from ICDs by road, the OTL/container seal will be verified at the ICTT gate by the Inspector (Preventive Officer). The transhipment documents received in the sealed cover are also verified and he will certify in the Shipping Bill that the seal is intact. Thereafter the inclusion of vessel name will be permitted by the Superintendent (Preventive) at ICTT, Vallarpadom. Allow Loading will be granted by the Inspector (Preventive Officer) under Section 34 of the Customs Act, 1962 . In the case of export containers from ICDs by rail, the OTL/container seal will be verified by the officer posted to monitor container movements and he will certify in the Shipping Bill that the seal is intact. Therafter the inclusion of vessel name will be permitted by the Superintendent at ICTT, Vallarpadom and Allow Loading will be granted by the Inspector(Preventive Officer) under Section 34 of the Customs Act, 1962 . In the case of export containers originating from ICDs /CFSs /Factory stuffed/House stuffed/Self Stuffed containers with seals broken or tampered, the Superintendent of Customs in ICTT shall make a report about the condition of the seal, the container would be sealed with an OTL by the officer posted to monitor container movements and sent to the nearest CFS for detailed examination. In the case of import containers destined to ICDs by road or rail, the transhipment will be permitted by AC/DC(I B), Custom House, Cochin and thereafter transhipment permitted. 9. Grant of Let Export Order Let Export order will be granted by the Officers of Customs under Section 51 of the Customs Act, 1962 . (i) ICD and CFS containers For ICD and CFS containers, as per existing practise, the granting of LEO shall continue to be from the respective ICDs and CFSs before forwarding to ICTT. (ii) Factory stuffed /House stuffed/ Self Stuffed containers Factory/ House stuffed/ Self Stuffed containers shall be presented in any of the approved CFSs / Pre-Processing Area for for documentation, examination and grant of LEO and onward transmission to ICTT. 10. Grant of Allow Loading Allow loading shall be granted by the Inspector (Preventive Officer) of Customs posted at the Gate, ICTT after verification of seal and the shipping documents. In the case of containers from ICDs, after the inclusion of vessel name, Allow Loading will be granted by the officer posted to monitor container movements. 11. Amendments Amendment to IGM/ EGM/ Shipping Bills / Bills of Entry shall be governed by the provisions of the Customs Act, 1962 and instructions issued by the Custom House in this regard. 12. Endorsement of Shipping Bill After the shipment is complete, the Inspector (Preventive Officer) of Customs posted at ICTT shall certify the Shipping Bills to that effect on the basis of Mate s Receipt. He shall also endorse ARE forms accompanying the Shipping Bills. 13. Storage and movement of empty containers (i) Empty containers in ICTT In case empty containers are to be stored in the ICTT, Vallarpadom, the Custodian would provide a segregated secure space for these containers. Empty containers would be moved under the supervision of the Authorised Officer. Custodian would maintain the record of such empty containers and submit a monthly summary to Customs. (ii) Empty containers for DTA In case empty containers are intended for DTA, container permits will have to be filed by the Steamer Agents with the officer of Customs posted to monitor container movements at ICTT. Existing procedures for such movement to DTA will apply. Monitoring of container permits, cancellation on the basis of export certificates, processing of request for extension of time limit for re-export of containers, intimation on repair of containers, temporary landing permits for coastal containers etc shall continue to be done with the officer posted to monitor container movements at ICTT. 14. Removal to town of export container If a container covered by a Shipping Bill could not be loaded on to the destined vessel and the CHA/Exporter requests for removal back to town, the Superintendent of Customs in ICTT shall make an endorsement on the Shipping Bill about the request. The Shipping agent shall hand over the Shipping Bill and other documents to Exporter/CHA to process the request for removal back to town. The container shall be detained at ICTT till the LEO is cancelled by the Astt./Dy. Commissioner of the CFS/ICD concerned and permission produced before the Officer of Customs. 15. Unaccompanied Baggage Considering the sensitive nature of unaccompanied baggage, containers containing unaccompanied baggage meant for clearance at Cochin would be brought to the baggage shed at Cochin Port, Willingdon Island by the Custodian and the existing practice for clearance at Cochin Port would continue. The Steamer/ shipping Agent will have to file necessary bond for moving the unaccompanied baggage container from ICTT to Cochin Port, Willingdon Island. AC/DC, ICTT will give the Container Movement permission. The Inspector (Preventive Officer) of Customs posted at the Gate, ICTT will issue gate pass and endorse the container seal number and out time. The sealed container will be permitted entry to Ernakulam Wharf, Cochin Port, Willingdon Island after verification of seal and endorsement of in time by the Customs Gate Officer there. Transit time for movement from ICTT to Ernakulam Wharf, Cochin Port, Willingdon Island will be specified after the schedule of Ro-Ro operations are announced by the Cochin Port Trust. 16. Clearance of ship s crew and their baggage The ship s crew who sign off/ sign on vessels will be cleared by the Inspector(Preventive Officer)/ Superintendent (Preventive) at ICTT, Vallarpadom. The visadex clearance of the crew will continue to be done at SIIB, Custom House, Willingdon Island, Cochin. Crew who are issued shore passes will be allowed to go out of the port after clearance by the Inspector(Preventive Officer) posted at the gate. 17. Clearance of ship stores, fittings etc Ship fittings for repair and ship stores will be taken in or out of ICTT, Vallarpadom only with the permission of the Inspector (Preventive Officer) posted at the gate, ICTT/Superintendent (Preventive) at ICTT, Vallarpadom. Permission for and supervision of repairs on board a vessel berthed at ICTT will be granted by the Inspector (Preventive Officer), ICTT. However, prior visadex clearance for the personnel who board the vessel for repair shall be done at SIIB, Custom House, Willingdon Island, Cochin. The present procedure for supply of Ship fittings/stores under Re-shipment Application (RA) followed at Cochin Port shall be applicable at ICTT also. 18. Supply of Provisions, water etc Supply of Provisions, water etc to ships berthed at ICTT shall be against Shipping Bills for Ship stores filed at Custom House and with the permission of the Inspector(Preventive Officer) posted at the gate, ICTT/ Superintendent (Preventive) at ICTT, Vallarpadom. 19. Passing out the Ships Linen for Washing Linen of Vessels in ICTT may be passed out for washing on execution of a general guarantee in the proforma by the Steamer Agents, valid for the duty and fine/penalty involved on the linen. The guarantee to be registered in the Preventive Department at Custom House shall be renewed every year in January, if the Steamer Agents desire that the concession should be continued. Copies of specimen signature of those empowered to sign the Gate Passes should also be furnished by the Steamer Agents along with the guarantee. Linen of vessels in port shall be passed out on a Pass triplicate (in the proforma appended to guarantee), which shall be presented to the Preventive Officer at the Gate, who shall retain the original copy. The duplicate and triplicate copies shall accompany the linen passed out. The linen should be reshipped on the same vessel before she leaves the port. The duplicate and triplicate copies of the Pass shall be presented to the Gate Officer who shall examine and allow the linen to pass in. 20. Supply of Currency to the Master of the ship, Clearance of Favour Parcels,Garbage, Sludge etc. The existing procuders follwed at Cochin Port shall be applicable to the Vessels calling at ICTT, Vallarpadom. 21. Port clearance of vessels The existing practice for obtaining port clearance from the Assistant/Deputy Commissioner of Customs, Import Bond Department will continue mutatis mutandis in respect of vessels arriving at ICTT. 22. Offences detected at ICTT Any offences / violations of the Customs Act, 1962 , Allied Acts, Rules Regulations detected inside the ICTT shall be dealt with as per the existing laws and provisions in this regard. 23. Connectivity to the Customs Data Centre For the facilitation of import/ export, connectivity to the Customs Data Centre will be provided by the Custodian. The procedures issued herein are subject to periodic review and modifications will be issued where ever necessary. Difficulty faced if any, shall brought to the notice of the Commissioner. Sd/- (V. RAMA MATHEW) COMMISSIONER OF CUSTOMS F No: C1/03/2010/TU.Cus Part-III Dated: 10.02.2011