Procedure for import of filled or intended to be filled cylinders with any compressed gas - Customs - 47/2010

OFFICE OF THE COMMISSIONER OF CUSTOMS (GENERAL) NEW CUSTOM HOUSE, BALLARD ESTATE, MUMBAI 400001 F.NO.S/43-452/2010 P Date : 06.08.2010 PUBLIC NOTICE NO. 47/2010 Subject : Procedure for import of filled or intended to be filled cylinders with any compressed gas. The Importers, Exporters, Steamer Agents, Custom House Agents and all other concerned are hereby informed that hereinafter permission for landing of the imported filled or intended to be filled cylinders with any compressed gas shall be allowed only in accordance with the Gas Cylinder Rules, 2004 {enacted by the Central Government, in exercise of powers conferred under Section 5 7 of the Explosives Act, 1884 (4 of 1884). The relevant rules of the said enactment are reproduced below : Rule 29 : Licence for import of gas cylinders : No person shall import any cylinder filled or intended to be filled with any compressed gas except under and in accordance with the conditions of a licence granted under these rules and the relevant provisions of Foreign Trade (Development and Regulation) Act, 1992. Rule 30 : Declaration by the Master of Ship or Ship s agent : (1) The master of every ship carrying cylinders filled with compressed gas for importation into India, or the agent for such ship, shall give, the Conservator of the Port not less than 48 hours notice of its intended arrival at the port. (2) The master of every ship carrying such cylinders shall deliver to the pilot before entering any port, a written declaration under his signature in Form A as annexed. Provided that if the agent for such ship delivers to the Conservator of the Port a written declaration referred to in sub-rule (1) under his signature, no such declaration shall be made by the master of the ship. (3) Every declaration delivered to a pilot under sub-rule (2) shall be made over by him without delay to the Conservator of the Port and all declarations received by the Conservator of the Port shall be forwarded by him, with all convenient dispatch to the Commissioner of Customs of the Port. Rule 31 : Production of licence for import : Every person desiring to import cylinders filled with any compressed gas or intended to be so filled shall produce personally or through his agent, before the Commissioner of Customs his licence for the import of such gas cylinders. Rule 32 : Permission of the Commissioner of Customs : (1) No imported cylinders shall be landed except with the permission of the Commissioner of Customs. (2) If the Commissioner of Customs is satisfied that the gas cylinders can lawfully be imported, he shall permit it to be landed. (3) Nothing in this rule shall affect the power of Commissioner of Customs to detain the gas cylinders under any other law for the time being in force. In order to ensure strict compliance of the above provisions, following procedure is being laid down : (i) The master of every ship carrying cylinders filled with compressed gas for importation into India, or the agent for such ship, shall give, the Deputy/Assistant Commissioner of Customs, Preventive (General) not less than 48 hours notice of its intended arrival at the port (notified place of landing). (ii) The master of every ship or his agent carrying such cylinders shall deliver to the pilot, a written declaration under his signature in Form `A as annexed. (iii) The pilot shall deliver the said declaration without any delay to the Deputy/Assistant Commissioner of Customs, Preventive (General) in addition to a copy meant for the Conservator of Port. The Conservator of Port shall forward all the declaration received by him with all convenient dispatch to the Commissioner of Customs. (iv) The importer or his agent of the said cylinders shall have to file a prior bill of entry along with the valid licence and other relevant documents for assessment of the said goods. The concerned Assessing Officer/Assistant/Deputy Commissioner of the Assessing Group (of Import or Export Commissionerate as the case may be) will complete the assessment within 24 hours, provided the valid licence and other relevant permissions and documents have been submitted. The importer may make payment of duty and other charges thereafter. (v) The assessed bill of entry showing the details of licence, other relevant permissions and evidence of payment of duty (if paid) are required to be produced before the Deputy/Assistant Commissioner of Customs, Preventive (General) and the concerned officers posted with him, without any loss of time. (vi) The Deputy/Assistant Commissioner of Customs, Preventive (General) will satisfy himself with regard to the evidence of assessment made and licence/other permissions produced and will thereafter allow landing of these imported cylinders in the port area/authorized landing place. (vii) In no case, landing of these imported cylinders shall be permitted except as per the procedure described hereinabove. (viii) The Importers/Trade representatives/CHAs are also advised to take delivery of the goods as soon as they are allowed landing in the port area. If the concerned importers do not take delivery of the said goods within 48 hours after landing, action will be taken against the concerned Importers/CHAs under the Customs Act, 1962 and/or CHA Licensing Regulations, 2004. (ix) The standard procedures regarding loading/unloading of goods shall be applicable in these cases. (x) Difficulty, if any, faced in this regard shall be brought to the notice of the undersigned immediately. Sd/-6.8.2010 (S.L. MEENA) COMMISSIONER OF CUSTOMS (GENERAL), MUMBAI FORM A Declaration to be made by the Master of the ship carrying filled or intended to be filled cylinders with any compressed gas before entering a port or by the ship s agent. Name of the ship _______________________________ Description of filled or intended to be filled cylinders True chemical name and nature of the gas i.e. whether flammable corrosive or toxic Total quantity carried in the ship Quantity to be landed at port Remarks No. of Kg. Or Cylinders M3 of gas No. of Kg. Or Cylinders M3 of gas Dated this _____ day of _______ Signature of Master/Agent of ship