Installation of Container Scanners at Chennai Port-Scanning of Import Containers by Mobile Scanner-Procedures and Instructions-Regarding. - Customs - 153/2016

GOVT. OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE OFFICE OF THE COMMISSIONER OF CUSTOMS (CHENNAI IV) CUSTOM HOUSE, CHENNAI-600001 F No: S Misc. 77/2002-Docks (V-XIV) Dated: 04.07.2016 PUBLIC NOTICE : 153/2016 Sub: Installation of Container Scanners at Chennai Port-Scanning of Import Containers by Mobile Scanner-Procedures and Instructions-Regarding. Ref: Public Notice No:111/2014 dated 28 .07.2014, Public Notice No:151/2014 dated 26 .09.2014 and Standing Order No: 178 12015 dated 19.08.2015 In partial modification of guidelines / instructions prescribed in the above said references, the following revised consolidated guidelines / instructions are prescribed with immediate effect and until further orders for compliance by Terminal Operators / Custodians of ICDs and CFSs / Customs Officers working in Terminal Out Gate, Mobile Container Scanning Division, Chennai Port Out Gate, ICD/CFS In Gate and CFS/ICD Examination : 1. The containers which are to be scanned will be selected by the Risk Management System (RMS) of Indian Customs Electronic Data Interchange System (ICES) and intimation of selection will be communicated automatically to the Terminal Operators, Liners, Custodians of CFS and ICD, DC/AC of CFSs/ICDs, Port Out Gate Preventive Officers and the Container Scanner Division by e mail . 1.1. The DC/AC of CFSs/ICDs shall forward the selected container lists to the CFS/ICD In Gate Inspector (Preventive Officer) and Docks Examination Officers 1.2. The Superintendent(Admn) of the Container Scanner Division will forward the said list to Port Out Gate and Terminal Out Gate Customs Officers 2. The Terminal Operator shall be responsible to ensure that the containers selected for scanning are brought to the notice of Terminal Out Gate Inspector(Preventive Officer) by making suitable endorsement- Selected for scanning -IN RED COLOUR in the EIR copy of such selected containers as per responsibility cast upon them under the Customs Cargo Service Providers under the Handling of Cargo in Customs Area Regulations, 2009. 3. The Inspector in charge of the Container Terminal Out Gate (M/S. CCTL and M/S. CITPL) shall verify EIR copy and list of selected containers forwarded to him by mail from Container Scanner Division and ensure that no container which is selected for scanning leave the Terminal Out Gate without Selected for scanning -IN RED COLOUR-endorsement made by the Terminal Operator in the EIR copy. If such selected containers report at Terminal Out Gate without above said endorsement, then such containers shall not be allowed to be taken out and the Terminal Operator shall be asked to make necessary endorsement in the EIR copy. After making the said endorsement the containers may be permitted to leave Terminal Out Gate and such cases shall be brought to the notice of Container Scanner Division. (E mail id of CSD: [email protected]) 4. If the EIR copy of any such selected container reporting at Terminal Out Gate is not marked as detailed in Para 3 above, then the Terminal Operators will be liable for penal action under the provisions of Customs Act, 1962, read with Handling of Cargo in Customs Area Regulations, 2009. 5. Thereafter, the selected containers shall be transported from the Container Terminals to the Container Scanning Division for the purpose of scanning by the Custodian of the respective CFS/ICD-where the containers are to be moved as per the Public Notice Register (PNR)-as per responsibility cast upon them under the Customs Cargo Service Providers under the Handling of Cargo in Customs Area Regulations, 2009. 6. The Custodian of CFS/ICD shall ensure that containers selected for scanning does not reach the Port Out Gate(s)/ CFS / 'CD before scanning at the Container Scanner Division. If any such selected container report at the Port Out Gate [CFS / ICD before scanning, then the Custodian of the CFS/ICD will be liable for penal action under the provisions of Customs Act, 1962, read with Handling of Cargo in Customs Area Regulations, 2009. 7. on receipt of the selected container at the CONTAINER SCANNING FACILITY, the Inspector (Preventive Officer) in charge of the CONTAINER SCANNING FACILITY shall physically verify the container number and seal number printed on the EIR document with the number on the container and seal affixed on the container. If the same are found to be tallying, then the container shall be checked in for scanning otherwise, the same shall be reported to DC/AC(CSD) (E mail id of CSD: [email protected]) for further action. 8. On completion of scanning of the selected containers at the Container Scanning Facility, the Inspector(Preventive Officer/Examiner) and Superintendent of CONTAINER SCANNING FACILITY will endorse the following comments on the face of EIR document as the case may be: If the image of the scanned container is found to be CLEAN, then the SCANNED-CLEAN stamp in BLUE INK in bold letters shall be affixed on the reverse of the EIR document If the image of the scanned container is found not to be matching with the description, then the MIS-MATCH ; SEND TO DC/AC, Container Scanning Division in RED INK in bold letters shall be affixed on the reverse of the EIR document. The DC/AC(Container Scanning Division) will scrutinize the scanned images vis-a-vis details given in the Bill of Entry. Thereafter he shall give NOC for examination as per usual procedures or mark such containers for 100% examination by the Docks Examination Officers in the presence of AC/DC, CFSs/ICD If one container from a Bill of Lading (B/L) is selected for scanning and marked as MIS-MATCH , then all the containers in the Bill of Entry pertaining to the said Bill of Lading shall also be examined 100% by the Docks Examination Officers at the CFS/ICD in the presence of AC/DC, CFS/ICD In case of Odd Dimensional Containers (ODC) / Empty and Coastal containers and over weight containers, the numbers of such containers will be entered in the system and thereafter NOT SCANNED DUE TO ODC/OVERWEIGHT/EMPTY/COASTAL CONTAINERS stamp in bold letters will be affixed on the EIR document. Such containers shall be examined 100% at the CFS/ICD in the presence of DC/AC(CFS) Scanned images of MIS-MATCH containers shall be forwarded to the respective CFS DC/AC by the Container Scanning Division by mail as prescribed in Standing Order No: 178/2015 dated 19.08.2015. Such containers will be examined as per usual procedures on the basis of NOC given by DC/AC(CSD) or will be examined 100% at CFS in the presence of DC/AC(CFS/ICD) as the case may be. 9. Reefer (refrigerated) containers shall be scanned on priority basis as per procedures mentioned above 10. In case the containers selected for scanning could not be scanned due to non-functioning of the scanner or for any other reasons, the Superintendent, CSD, shall inform the same to DC/AC(CSD). The DC/AC(CSD) in turn will decide whether to release the containers without scanning but for regular examination procedure or to hold the said containers. 11. If the DC/AC(CSD) order for release of such containers, then the Inspector (Preventive Officer/Examiner), CSD, shall physically verify each container with the respective EIR copy and then feed each container number in the system. Thereafter, the EIR document of each such container shall be endorsed with stamp NOT SCANNED DUE TO . on the reverse. Such containers shall be examined as per normal Customs examination procedures but in the presence of DC/AC of CFS/ICD 12. After completion of scanning of selected containers at the Container Scanning Facility, the said containers shall be moved to the respective CFS/ICD by the Custodian of the said CFS/ICD. No container shall be examined / detained at the Container Scanning Facility 13. The Out Gate Preventive Officer at Chennai Port shall verify EIR copy and list of selected containers forwarded to him by mail and ensure that no container which is selected for scanning report at the Out Gate/leave the port premises without scanning. If such selected containers reporting at Out Gate are not scanned, then such containers shall be diverted to the Container Scanning Division by making suitable endorsement (attempted to evade scanning) in the EIR copy and Gate Register by the Out Gate Preventive Officer so as to distinguish such cases. Further the Out Gate Preventive Officer will intimate the Superintendent (Main Gate) and Superintendent (CSO) immediately over phone and by e mail (E mail id of CSD: [email protected]) regarding the details of containers diverted to the Container Scanner Division from Port Out Gate. 14. The role of custodians of CFS /ICD, DC/AC (CFS/ICD), In Gate Preventive Officer at ICD/CFS, Examination Officers are summarised as follows: (a) Custodians of CFS/ICD: The Custodians of CFS/ICD will ensure that: The containers which are selected for scanning are scanned at the Container Scanner Facility before they are safely transported to the respective CFS / [CD from the Chennai Port premises The scanning remarks (viz., SCANNED -CLEAN 1 MIS-MATCH 1 SCANNED -SEND TO DC/AC, CSD 'NOT SCANNED DUE TO ODC/OVERWEIGHT/EMPTY/COASTAL CONTAINERS / NOT SCANNED DUE TO .. )made in the EIR document by the Container Scanning Facility Officers for each container is provided to the In Gate Preventive Officer and respective Docks Examination Officers by reflecting the same in the Seal Cutting Document (Open Chit Document) raised by them If a container which is selected for scanning is received at the CFS without scanning, then the custodian of CFS/ICD shall immediately bring it to the notice of DC/AC of such CFS/ICD and AC/DC(Container Scanner Division (E mail id of CSD: [email protected])) before presenting the Seal Cutting Document (Open Chit Document) to Customs Officers i.e., before the said container is opened (b) CFS/ICD IN GATE PREVENTIVE OFFICER: The CFS/ICD In Gate Preventive Officer will ensure that: At the time of Gate In of import containers during normal office working hours, the containers selected for scanning are scanned at the Container Scanner Division by verifying the EIR copy and selected container list forwarded by e mail by DC/AC of CFS/ICD If the containers are gated in after normal office working hours and on holidays, before giving permission to cut the container seal it, shall be ensured on next immediate working day that the containers selected for scanning are scanned by verifying the EIR copy and selected container list forwarded by mail by DC/AC of CFS/'CD If it is noticed that any selected container has reached the CFS/ICD without scanning, then the same shall be brought to the notice of DC/AC(CFS/ICD) and Container Scanner Division ((E mail id of CSD: [email protected]) immediately for further action (c) CFS/ICD EXAMINATION OFFICERS: The CFS/ICD Examination Officers will ensure that: Containers with stamp SCANNED-CLEAN on EIR copy are cleared as per normal Customs clearance/examination procedures Containers with stamp MIS-MATCH I SEND TO DC/AC, Container Scanning Division on EIR copy are examined either as per the usual procedures or examine 100% as per the instructions of the DC/AC(Container Scanning Division). If the goods are to be examined 100% as per the instructions of DC/AC(CSD), then examination shall be done under the supervision of DC/AC, CFSs/ICD. The results of examination of these containers are to be communicated by DC/AC(CFSs/ICD) to the DC/AC (Container Scanning Division-(E mail id of CSD: [email protected])) Containers with stamp NOT SCANNED on EIR copy are examined as per normal Customs clearance/examination procedures in the presence of DC/AC, CFS/ICD. The results of examination of these containers are also to be communicated by DC/AC(Docks) to the DC/AC(Container Scanning Division) (E mail id of CSD: [email protected]) (d) DC/AC (CFS/ICD) : The DC/AC (CFS/ICD) : The DC/AC (CFS/ICD) will ensure that: The selected container lists are forwarded to the CFS/tCD In Gate Inspector (Preventive Officer) and CFS/ICD Examination Officers If any container selected for scanning has reached the CFS/ICD without scanning, he shall decide whether to send back such containers to CSD under escort for scanning or to examine such container 100% at the CFS/ICD in his presence under intimation to DC/AC(CSD) (E mail id of CSD: [email protected]) 15. (i) The Superintendent of Customs(P) (Admn), Mobile Container Scanner Division, shall closely monitor the list of selected containers IGM wise on a daily basis and ensure that all containers selected in a IGM are scanned at the Container Scanner Site within 5 days from the date of Vessel Inward Entry. If it is noticed that a selected container has not reported for scanning within the above said stipulated time, then the same shall be brought to the notice of DC/AC(CSD) and DC/AC(ICD/CFS) immediately and DC/AC(CFS) shall be asked to detain such containers at CFS even if OOC is granted as per usual Customs procedures. Further verification shall be made to ascertain whether the said selected container is still at the Terminals or reached CFS or otherwise. If it is ascertained that the said container has left port and reached CFS without scanning or otherwise, then DC/AC, CSD shall bring the same to the notice of Commissioner competent to initiate action under Regulations 11 and 12 of Handling of Cargo in Customs Area Regulations, 2009, against the Terminal Operator or the custodian of CFS/ICD or both as the case may be. (ii) If any container selected for scanning reach the Terminal Out Gate without Selected for Scanning ' endorsement in EIR copy or reach Port Out Gate or CFS/ICD without scanning and is diverted from the Port Out Gate or CFS/ICD, as the case may be, for the purpose of scanning then details of such container shall be brought to the notice of DC/AC(CFS/ICD) by Supdt(Admn) for initiating action under Regulations 11 and 12 of Handling of Cargo in Customs Area Regulations, 2009, against the Terminal Operator or Custodian of CFS/ICD or both, as the case may be. (iii) Weekly statement showing details regarding number of containers selected for scanning / scanned / not scanned, number of containers marked as MIS-MATCH -IGM wise-during the previous week shall be submitted to DC/AC(CSD) by Supdt(Admn) on every Monday in the format appended below at I and ll. Containers which were selected for scanning but not reported for scanning within 5 days from the date of Vessel Inward Entry date shall be shown separately in the said statement with IGM details in the format appended below at Ill.. I. STATEMENT SHOWING DETAILS OF CONTAINERS SCANNED AT MOBILE CONTAINER SCANNER SITE FOR THE WEEK ENDING SI No IGM No and date No of containers selected for scanning No of containers scanned No of containers not scanned due to dimension weight etc No of containers marked as MIS-MATCH Out of MIS-MATCH no of containers ordered for 100% examination No of containers yet to be scanned 1 2 3 3 5 6 7 8 ll. STATEMENT SHOWING DETAILS OF CONTAINERS MARKED AS MIS-MATCH AND ORDERED FOR 100% EXAMINATION FOR THE WEEK ENDING ...... SI no D/o scanning IGM No date Container no Description of goods Name of CFS Remarks 1 2 3 4 5 6 7 III. STATEMENT SHOWING CONTAINERS WHICH HAVE NOT REPORTED AT MOBILE CONTAINER SCANNER SITE WITHIN 5 DAYS FROM THE DATE OF VESSEL INWARD ENTRY FOR THE WEEK ENDING SI No IGM No date Vessel Inward Entry date Container number Remarks VI .WEEKLY REPORT ON OUTCOME OF 100% EXAMINATION FOR THE WEEK ENDING SI No IGM No date Container number Date of scanning Name of CFS Result of 100% examination (iv) A separate weekly statement showing details of containers received/diverted from Port Out Gate and CFS/ICD for the purpose of scanning i.e., (containers which attempted to leave port/left port and reached CFS/ICD without scanning respectively) and details of containers which reached Terminal Out Gate without Selected for Scanning ' endorsement in EIR copy shall also be submitted by the Supdt(Admn) on every Monday. (v) At the end of each shift, the list of containers scanned during the shift shall be forwarded by the Supdt(Admn) by e mail to the respective DC/AC, CFS/ICD and DC/AC(CSD) ((E mail id of CSD: [email protected]) providing details such as container number, name of the CFS/ICD, result of scanning etc., (vi) The images of containers which are marked as MIS-MATCH will be forwarded by e mail to the respective DC/AC (CFS/ICD)by Supdt (Admn) as prescribed in Standing Order No:178/2015 dated 19.08.2015. 16. If a container is not selected in the first scanning list for a particular IGM but gets selected after reaching the concerned CFS/ICD on the basis of any amendment subsequently filed for that particular 'GM, then such container shall be brought back for scanning to the Container Scanning Facility under escort prior to giving Out of Charge with the seal in tact under intimation to DC/AC(CSD) (E mail id of CSD: [email protected]). Alternatively, AC(CFS/ICD) may grant NOC from scanning but shall order for 100% examination under his supervision at the respective CFS/ICD and results of examination shall be intimated to DC/AC(CSD) (E mail id of CSD: [email protected]) 17. The DC/AC (CFS/ICD) shall verify the list of containers scanned during each shift received by mail from the Container Scanner Division and ensure whether all containers which are received at the CFS/ICD with scanned report of Container Scanner Division are figuring in the said list. If it is noticed that a container having a scanned report is not figuring in the said list, then such containers shall be examined 100% in his presence under intimation to DC/AC(CSD) (E mail id of CSD: [email protected]). 18. Difficulties, if any, faced in implementing the above said procedures and suggestions to further improve the system may be brought to the notice of the Deputy/Assistant Commissioner of Customs (CSD), Customs House, Chennai, for consideration. (Phone No: 044 25254510 ;044 25259918 ; E mail id: [email protected]) who in turn will bring the same to the notice of the Commissioner through the Additional / Joint Commissioner in charge of the Container Scanner Division. ( PRAKASH KUMAR BEHERA) COMMISSIONER OF CUSTOMS-CHENNAI IV