Carriage of coastal from one Indian Port to another Port in foreign going vessel procedure - reg. - Customs - 34/2009

OFFICE OF THE COMMISSIONER OF CUSTOMS (EXPORTS) JAWAHARLAL NEHRU CUSTOM HOUSE, NHAVA SHEVA RAIGAD (DIST.), TAL. URAN., MAHARASHTRA 400707 PUBLIC NOTICE NO. 34/2009 Dated : 05-06-2009 Sub:- Carriage of coastal from one Indian Port to another Port in foreign going vessel procedure - reg. It has been decided by Central Government that Indian flag foreign going vessels operating in routes covering more than one Indian Port to a Port outside India and vice-versa, shall be allowed to carry Coastal Containers alongwith Imported/Exported between two Indian Ports. The provisions of the Customs Act, 1962 relating to coastal cargo as also other statutory provisions, guidelines and instructions in this regard shall apply to such container. The procedure prescribed in this regard is detailed hereunder for the guidance of Trading Public, Steamer Agents and all concerned. 2. The consignor of any coastal goods in container shall submit to the proper officer the Bill of Coastal Goods in the prescribed form (in four copies) (Refer Notification No. 424/76 Cus., dated 23.10.1976 as amended. Such Bill shall contain all the relevant particulars and the consignor shall subscribe to a declaration regarding the correctness of the contents thereof. The proper officer, may, if satisfied with the declaration, other such examination as may be considered necessary by him to satisfy that the declaration is correct and than pass the bill of Coastal Goods and return three copies to the consignor. The container containing such coastal goods shall be clearly painted/marked with the words For Coastal Carriage only on all sides. After examination of the goods is completed, the container shall be sealed with tamperproof one tie bottle seal and then the same can be loaded on the vessel. 3. Before any coastal container is permitted to be loaded, the consigner or the Master of the Vessel/his agent shall execute a bond in such form with such surety as the proper officer may decide, binding himself for an amount equal to the value of the goods. The same shall be enforced if the coastal cargo is not landed on India and is taken to a foreign port after the last Indian Port of call. 4. The containers containing the coastal goods will be allowed gate-in on verification of seal No. mentioned in the Bill of Coastal Goods and the Gate Officer will endorse the BCG to that effect. The consignor or his agents will then approach the Boarding Office and make necessary entries in the concerned Register. The bond value would be debited to the extent of the value indicated in the BCG. The Boarding Officer will endorse the BCG and permit loading of the containers on board the vessel. The Master of the vessel or his agents would obtain an endorsement from the Customs at the destination port and produce the same to the Boarding Officer who, then will restore the debited amount to the bond executed. 5. The Customs Officer supervising the loading shall ensure that the particulars of the goods are entered in the Advice Book to be carried by the Master Vessel in respect of such coastal cargo. The Master shall also carry one copy of the Bill of Coastal goods with him and shall deliver the same along with the Coastal Manifest to the Customs Officer at the port of destination. 6. The Master of the vessel shall not permit the loading of such coastal cargo containers unless the Bill of Coastal Goods duly passed along with the permission of the Proper Officer to load the container is received by him. On receipt of the documents the Master shall prepare a Coastal Manifest in triplicate. A separate set of manifest shall be prepared for each coastal port for which the vessel is carrying coastal cargo. The proper officer may, after making necessary checks, make an endorsement on the manifest, retaining one copy of the manifest and return the other two copies to the Master of the vessel. The Master shall remain one copy as carriers record and submit the other to the proper officer at the destination port along with the Bill(s) of Coastal Goods relating to the goods meant for that port. 7. The Customs Officer at the destination port may shall ensure that the coastal container is unloaded at the port and make a remark to this effect in the Advice Book. 8. The Master of the vessel may not be given the permission for the departure of the vessel unless it is established that the coastal cargo intended for that port has been discharged and the seals of the container are intact. In case, the seals are not found to be intact, the Customs Officer may cause the container to be opened and permit the vessel to leave only if there is no discrepancy between the contents found in the container and that manifested in the Bills of Coastal Goods delivered by the Master of the vessel. The proper officer may, however, permit the vessel to leave the Port if the Master or his Agent submits a bond with such surety or security as he may consider necessary in respect of the containers where the seals are found to be tampered with. 9. The reconciliation of coastal containers delivered with the Coastal Manifest and the entries in the Advice Book shall be completed at the last Indian port of call before the vessel is permitted to sail for foreign port. It shall be ensured that all charges and penalties due in respect of that vessel have been paid or the payments is secured by such guarantee or deposit of such amount as the proper officer at the port of loading may direct. 10. In case of any tampering of seals or any discrepancy, the matter shall be reported to the Deputy/Assistant Commissioner, who may adjudicate the matter after issue of Show Cause Notice. The procedures as applicable for non-coastal cargo will apply mutatis mutandis to deal with such situation. 11. The Port Authorities would earmark specific area for storing of coastal containers so that they do not get mixed with the import/export containers. 12. Any difficulty in the implementation of these instructions shall be brought to the notice of the Commissioner for further clarification and guidance. (Authority: Circular No.15/02-Cus dated 25.02.2002) (B.K. SINHA) Commissioner of Customs (Export) Nhava Sheva.