Handling of Cargo in Customs Areas Regulations, 2009-reg. - Customs - 30/2012

OFFICE OF THE COMMISSIONER OF CUSTOMS (EXPORT) CFS MANAGEMENT CELL, J.N.C.H., SHEVA, TAL URAN DIST RAIGAD, MAHARASHTRA-400707 F. No. S/5-Gen-04/2012 CFS M. Cell Date: 18.04.2012 PUBLICE NOTICE NO. 30/2012 Sub:- Handling of Cargo in Customs Areas Regulations, 2009-reg. Attention is invited to Board s instructions issued vide F.No.450/24/2012-Cus.IV dated 14.03.2012 regarding Handling of Cargo in Customs Areas Regulations, 2009 (HCCAR, 2009), and various circulars and instructions issued by the Board on the above subject from time to time. HCCAR, 2009 provides for a comprehensive mechanism for handling of goods in a customs area and sets out the terms and condition for all facilities where customs cargo is handled. 2. It has been reported that the CCSPs are not honouring the detention certificates issued by the Investigating Agencies like Directorate of Revenue Intelligence (DRI), Special Intelligence Investigation Branch (SIIB), Preventive formations, causing undue hardships to all concerned. 3. The matter has been examined by the Board, It is felt that one of reasons for longer detention can be lack of adequate space for storing such goods in a Customs area. In this regard, Board desires that sufficient space for custody / storage of detained imported / export goods should be provided by Customs Cargo Service Provider (CCSP) as per regulations 5 (1) (o) of the HCCAR, 2009 so that detained goods may be stored after de-stuffing from the containers and empty containers may be returned to the concerned Shipping Line. Further, in terms of regulation 6 (1) (l) of the HCCAR, 2009 that CCSP shall subject to any other law for the time being in force not charge any rent or demurrage on detained goods. In case containers are detained/ seized under the Customs Act, 1962, the same may be considered for provisional release subject to furnishing of Bond and Bank Guarantee under the Customs Act, 1962. 4. Any difficulty being faced in the implementation of this Public Notice may be brought to the notice of the undersigned. (Rakesh Misra ) Commissioner of Customs (Export)