Import/Export of Goods and Documents through Courier Mode at Air Cargo Complex (ACC), Ahmedabad - Regarding - Customs - 33/2015

OFFICE OF THE COMMISSIONER OF CUSTOMS CUSTOMS HOUSE, NAVRANGPURA, AHMEDABAD - 380009 F. No. Vlll/48- 50/Cus/T/2008 Dated: 10th March, 2015 PUBLIC NOTICE NO. 33/2015 Sub: Import/Export of Goods and Documents through Courier Mode at Air Cargo Complex (ACC). Ahmedabad - Regarding Attention is invited to Public Notice No. 16/2008 dated 10.07.2008 issued from F. No. VIII/48-50/Cus/T/2008 by Commissioner of Customs, Ahmedabad under which salient features and procedures for clearance of import and export cargo/documents through courier mode at Air Cargo Complex (ACC), Ahmedabad were prescribed. 24 x 7 FACILITY:- 2. Since Board, vide Circular No. 19/2014-Cus dated 31.12.2014 has extended 24x7 Customs clearance facility to ACC, Ahmedabad for specified imports viz. goods covered by facilitated Bills of Entry and all exports viz. goods covered by all Shipping Bills, and in the light of certain practical and procedural difficulties which were brought to the notice of the undersigned by the trade and field formation, following clarifications and amendments to the aforesaid PN No. 16/2008 are prescribed for compliance by all concerned agencies and stakeholders. 2.1 However, in pursuance of the aforesaid Circular No. 19/2014-Cus. Dated 31.12.2014, all exports made at ACC, Ahmedabad through courier mode shipping bills shall be available for 24x7 Customs clearance facility. Documentation and procedures for examination and clearance of such goods shall be governed by the instructions contained in Chapter 16 of CBEC's Customs Manual read with Board's Circulars on the subject, as well as the aforesaid Public Notice No. 16/2008 with following changes/amendments. MODE OF DOCUMENTS:- 3. In view of the instructions contained in Board's Circular No. 33/2010-Cus dated 07.09.2010 read with Para 1.3 of Chapter 16 of CBEC's Customs Manual, all clearances of imports and exports through courier mode at ACC, Ahmedabad are to be facilitated under manual mode, i.e. by filing documents and maintaining records in manual mode in the manner as provided under Courier Imports and Exports (Clearance) Regulations 1998, till automated/electronic clearance facilities become operational as per Courier Imports and Exports (Electronic Declaration and Processing) Regulations 2010. In the absence of EDI based clearances and RMS facilitations for the BOEs filed through courier mode at ACC, Ahmedabad, import clearances through courier mode shall be allowed only during the normal office hours. Authorized Couriers, who import goods through courier mode, may approach Deputy/Assistant Commissioner or Superintendent in charge of the Courier Cell for further assistance in this regard. REGULATION OF IMPORT /EXPORT CARGO:- 4. Exports through courier are becoming increasingly popular and the number of shipments and volume of cargo is constantly rising. In view of the manual documentation, 100% screening and higher degree of physical examination as prescribed under Board's Circular No. 23/2006-Cus dated 25.08.2006 read with Para 7 of CBEC's Customs Manual besides the aforesaid Public Notice No. 16/2008, coordination with multiple security agencies for such screening/examination etc., Authorized Couriers shall bring in the export goods and present CSBs along with related documents before the Superintendent on duty at least four hours prior to the departure of the respective flights, and in no case later than 22.30 hrs in respect of the flights which depart during the early hours. Customs shall not be responsible for any delays in airlifting the parcels, due to noncompliance of these provisions by the Authorized Couriers and the consequent delay in coordination with multiple agencies. KYC NORMS:- 5. Authorized Couriers shall strictly follow their obligations enumerated under Regulation 13 of Courier Imports and Exports (Clearance) Regulations 1998. They shall also ensure that proper authorization and documents complying KYC Norms are obtained from their clients in the manner as provided under Board's Circular No. 33/2010-Cus dated 07.09.2010 read with Circular No. 07/2015-Cus dated 12.02.2015. IDENTIFICATION DESCRIPTION OF THE EXPORT GOODS:- 6.1. Instances have been noticed, wherein Authorized Couriers are not filing the Courier Export Manifest (CEM) in the proper manner by furnishing complete description of export goods. At times, they mention only one item even when the shipment covers several distinct items, whereas sometimes, they mention vague description as 'unsolicited gifts', etc. Authorized Couriers are directed to declare in the relevant column of the CEM with complete description of each item covered in the respective shipment, failure of which shall be viewed seriously. It is needless to state that such undeclared goods shall be liable for confiscation under section 111(1) and/or section 118 of the Customs Act, 1962. Any rectification which they may find necessary in their software system may be done for compliance of this critical legal provision. 6.2. Authorized Couriers shall ensure that all documents and declarations before customs for clearance of goods shall be filed through a person who has passed the examination referred to in Regulation 8 or Regulation19 of CHALR, 2004 and who is duly authorized under Section 146, as provided under Board's Circular No. 33/2010 as well as Circular no. 21/2011-Cus dated 18.04.2011 in consonance with regulation 12(ii) of 2010. 6.3. Board's Circular No. 19/2014-Cus calls for a proactive participation from the officers of all agencies, besides Customs, who are concerned with the import/export process including custodians, Customs Brokers etc. in making 24x7 customs clearance facility a success and hence, all agencies are now committed to work hand in hand with the Customs for this purpose. In view of the feedback received from the field formation, it is felt imperative to direct the custodian at ACC, Ahmedabad to ensure that, apart from providing incoming and outgoing provisions for the cargo and personnel, they provide necessary support staff, transport, and other basic infrastructural facilities for the officers who are deputed for 24x7 customs clearance facility. It is needless to mention that any failure in this respect would invite appropriate action under the provisions of Handling of Cargo in Customs Areas Regulations, 2009. 6.4. Since clearance of export cargo forms part of 24x7 customs facility, requirement for payment of MOT charges by the Authorized Couriers is redundant. However, payment of cost recovery charges by the custodian shall be governed by the existing instructions. EXIM NORMS:- 7. In view of the nature of courier trade, the scheme of clearance of import and export shipments through courier mode envisages certain procedural relaxations. However, Authorized Couriers may note that all such imports and exports continue to be governed by the provisions of EXIM policy as is applicable to any normal imports and exports. Therefore, it should be ensured that all imports and exports through courier mode satisfy the provisions of EXIM policy and any other law for the time being in force, so far as any prohibitions, restrictions, NOC from other agencies, etc. are concerned. Failure of compliance in this regard would be considered as improper/illegal imports/exports and the goods would be liable for confiscation under section Ill(d) of the Act. PERISHABLE GOODS:- 8. Such goods are permitted for export through courier mode at ACC, Ahmedabad on furnishing supporting documents of sample test certification or reference to the relevant statutory authority or experts before their clearance. However, all consignments of perishable items like fruits, vegetables, meat, fish, cheese, etc. will continue to be handled in terms of the guidelines contained in Para 2.3 of the Board's Circular No. 58/2001-Customs dated 25.10.2001. ENHANCEMENT OF SECURITY AND NET WORTH:- 9.1 Authorized Couriers shall strictly follow their obligations enumerated under regulation 11 of COURIER IMPORTS AND EXPORTS (ELECTRONIC DECLARATION AND PROCESSING) REGULATIONS, 2010, ...... the applicant to enter into a bond with a security of ten lakhs rupees in case of major international airports of Mumbai, Delhi, Calcutta and Chennai and five lakh rupees in case of other airports in the form of cash deposit or bank guarantee in the name of the Commissioner of Customs for complying with the provisions of the Act, rules and regulations made thereunder and the condition of the said bond shall also be that the applicant shall agree to pay the duty, if any, not levied or short levied, with interest if applicable on any goods taken clearance of by the Authorised Courier if in the opinion of the Assistant Commissioner of Customs or Deputy Commissioner of Customs, the same cannot be recovered from the importer or the exporter. 9.2 Authorised Courier who has been granted a registration under regulation 10 or who has intimated in the Form J to the Commissioner of Customs having jurisdiction over the Custom airport from where he has to transact the business, shall furnish the bond and security as specified under sub-regulation (1) for each of the Customs airports. 10. Public Notice No. 16/2008 dated 10.07.2008 referred above may be considered as amended only to the extent it relates to the aforesaid issues. 11. All Trade Associations/Chambers of Commerce and Members of Regional Advisory Committee and Custom House Agents' Association are requested to publicize the contents of this Public Notice amongst their Members/Constituents, for their information and necessary action. (CAPT. SANJAY GAHLOT) COMMISSIONER CUSTOMS, AHMEDABAD