En-block movement of containers from IGTPL to Container Freight Station (CFS) - Customs - 12/2008

OFFICE OF THE COMMISSIONER OF CUSTOMS CUSTOM HOUSE: COCHIN-682 009. TRADE FACILITY No. 12/2008. Attention of all Importers/Custom House Agents, Steamer Agents, Shipping Agents / Steamer Lines, M/s. IGTPL, all Container Freight Stations and members of the Trade i.e User Agencies of Cochin is invited to the issue of congestion at the Rajeev Gandhi International Terminal of Cochin Port. A request has been received from M/s. India Gateway Terminal Pvt. Ltd., (IGTPL), Cochin (the Container Terminal Operator and 1st Custodian of import cargo at Rajiv Gandhi International Terminal of Cochin Port under Customs Act -hereinafter referred as IGTPL) regarding en-block movement of containers to container Freight Station (CFS) to reduce the dwell time of Full Container Load (FCL) and to avoid possible congestion at the terminal yard due to increase in container traffic. 2. In modification of earlier instructions on the subject, it has now been decided as follows and the same is conveyed as a Trade Facility to be effective from 09.09.2008 3. IGTPL, the Container Terminal Operator was approved and notified as custodian under Section 45 of the Customs Act for FCL until they are cleared. 4. All CFS custodians under the jurisdiction of Commissioner of Customs, Cochin have already executed with Customs authorities the Custodian-cum-Transhipment Bond undertaking the safety and security of the FCL moved from IGTPL to CFS premises and for safe custody of the cargo in their premises. 5. At present, being the first custodian of the container cargo, M/s. IGTPL are required to keep all FCL with port of destination as Cochin, till the expiry of 30 days from the date of landing. During this 30 days custody, importers or their CHA move the Customs selected containers for Customs Examination and on completion of assessment and getting Out Of Charge from Customs, take delivery of the entire FCL from IGTPL. On expiry of 30 days, uncleared FCL is being disposed under Section 48 of Customs Act. 6. M/s. IGTPL has now requested to Customs to (1) reduce the statutory period of 30 days custody in their premises to 7 days to permit the authorized Shipping agents / Liners to shift the FCL lying for MORE THAN 7 DAYS IN THEIR CUSTODY' to any of the CFS for custody and further Customs clearance from the CFS custodian. 7. TRANSHIPMENT OF LANDED FCL TO CFS under the jurisdiction of Commissioner of Customs All FCL, (having Cochin as Port of Destination) in the Shipping Documents at the Load Port itself) shall be transhipped to CFS only after an amendment to IGM has been filed before such transfer. The amendment of IGM shall only be on the basis of written request of importer / their CHA or authorized shipping agent/liners and such FCLs are required to be moved to CFS from the custodian premises of M/s. IGTPL after 7 days of landing. Standing Instructions of the regular importer / CHA /authorized Shipping Agents/ Liners to Customs Authorities and first custodian can also be accepted as written request for permitting such Transhipment for the time being. In this case, the Transhipment Application shall be filed by the authorized Liner after obtaining the consent of the CFS Custodian for such transhipment. 8. If the importer / their CHA have not approached the authorized Shipping Agents / Liners to take delivery of FCL within 7 days of landing of the cargo, the concerned Shipping Agent / Liner (who has brought FCL from Load Port to Cochin) is permitted to tranship those FCLs to any of the approved CFS of Cochin Port for custody and storage. Transshipment Application from authorized Shipping Agents / Liners must accompany the willingness of the approved CFS for taking custody of the FCL indicating their custodian bond -cum-Transshipment bond No. and date. 9. If the importer, their CHA or the Shipping Agents/liner/Steamer Agent have not transshipped the FCL within 30 days from the date of landing as above, IGTPL the 1st custodian is permitted to take action under Section 48 of Customs Act, 1962 . 10. All Importers / their CHAs, Shipping Agents / Ship Liners, Steamer Agents may like to advise the exporter, Shipper abroad and their Shipping agents/Steamer Liner about the necessity to indicate in the Bill of Lading, IGM the Name / Code of the Container Freight Station for direct custody of the FCL before the departure of the vessel from the load port itself. Based on the above advice, all the Shipping Agents / Steamer Agents will be required to file IGM with the name of destination CFS where the import cargo is proposed to be delivered for CUSTODY/STORAGE after landing at IGTPL. 11. It may please be noted that the maximum time limit of 7 days prescribed for custody of cargo by Terminal Operator cum first custodian in Para 7 above is only for administrative convenience of all user agencies and Section 48 action can be initiated by respective custodian only on completion of total period of 30 days after landing of cargo at Cochin Port. 12. The Docks officers and the officers of container cell will continue to monitor the movement of the containers to the CFS as per the existing procedure. The gate officer in Docks in addition to other documents, shall verify the container number and seal as per the transshipment permission and endorse the out-time at the gate for each container. The applicant for transshipment shall ensure that the containers reaching the CFS report to the Superintendent/PO of the CFS who will verify the intactness of the seal and the time taken for movement from docks to CFS. In case of any seal tampering the same should be immediately be recorded in writing in the presence of applicant and CFS representative and at the same should be reported to the A.C. (Docks) for further necessary action. The container can be sealed with a bottle seal for the interim period. In case the transit is more than 2 hours in respect of CFS Falcon, 1 hour in respect of CFS Pettah, 45 minutes in respect of CFS Asian Terminal an explanation should be obtained from the applicant for transshipment on the reasons for the delay and same should be put upto the A.C. (Docks), who should verify and condone the delay if the reasons are bonafide. 13. The CFS will maintain proper infrastructure for storage and clearance of the containers. 14. The above procedure is subject to periodical review by the Commissioner. Sd/- (B. SYED MOHAMMED) Commissioner F.No. C1/43/2008 Cus. TU Dated: 05.09.2008