Import/Export of Goods by Courier Mode at Courier Baggage Cell (C.B.C) at Air Cargo Complex (A.C.C), Ahmedabad - Regarding - Customs - 16/2008

OFFICE OF THE COMMISSIONER OF CUSTOMS CUSTOMS HOUSE, NAVRANGPURA AHMEDABAD 380009 F. No. VIII/48-50/Cus/T/2008 Dated: 10th July 2008 PUBLIC NOTICE NO. 16/2008 Sub: Import/Export of Goods by Courier Mode at Courier Baggage Cell (C.B.C) at Air Cargo Complex (A.C.C), Ahmedabad - Regarding There have been persistent requests from the Trade Industry to facilitate clearance of goods to be imported/exported by courier mode at Air Cargo Complex, Ahmedabad. On account of the strategic location of Ahmedabad and the demands from the Trade and Industry and the Exim Community, it has been considered and decided to facilitate clearance of goods to be imported/exported by courier mode at Courier Baggage Cell (C.B.C), Air Cargo Complex(ACC), Ahmedabad. 2. In this regard, attention of all Importers, Exporters, Custom House Agents and all others concerned is invited to the Courier Imports Exports (Clearance) Regulations, 1998 (herein after referred to as Regulations ) issued vide Notification No. 87/98 Cus. (N.T.) dated 9-11-1998, as amended from time to time vide Notifications No. No.38/2003 - Customs (N.T.), dated 05/06/2003), No.95/2003 - Customs (N.T.), dated 06/11/2003, No.68/2004 - Customs (N.T.), dated 17/05/2004, No.76/2004 - Customs (N.T.), dated 15/06/2004, No.68/2006 - Customs (N.T.), dated 23/06/2006 and Notification No. 09/2007-Customs(N.T.) dated 07-02-2007. 3. Attention is also invited to the Customs Public Notice No. 16/99 dated 01-06-1999, issued by Ahmedabad Customs Commissionerate on the above subject. 4. It has now been decided to set up a Courier Baggage Cell (CBC) at Air Cargo Complex, (ACC), Ahmedabad, the area for which has been notified vide Notification No.1/2008-Customs dated 16-05-2008, for receipt storage, examination and Customs clearance of the parcels imported through Courier mode/to be exported through Courier mode as per Courier Import Exports (Clearance) Regulations, 1998 as amended from time to time. The said CBC at ACC, Ahmedabad will start functioning with effect from 11.07.2008 and the working hours will be 2.00 P.M. to 10.00 P.M. 5. M/s. GSEC Ltd, Ahmedabad vide Notification No.2/2008-Customs dated 16-05-2008, has been approved as the Custodian of goods to be imported/exported at the said CBC, through courier mode until the goods are cleared for home consumption or are warehoused or are transhipped in accordance with the provisions of the Chapter VIII of the Act ibid. 6. Salient Features of Courier Imports Exports (Clearance) Regulations, 1998 Import and export of goods through courier mode and customs clearance thereof is subject to the aforesaid Regulations. These Regulations as amended from time to time, Interalia prescribe the procedure of assessment and clearance of specified goods imported/to be exported through courier mode from specified ports and Ahmedabad is one of the specified ports. The salient features of these Regulations are as follows: - 6.1 Limitations on Imports/Exports through courier: The facility of imports/exports through courier mode is allowed only to those Courier companies which are registered with the Commissioner of Customs, Ahmedabad. These courier agents or courier companies are designated as Authorized Courier . As per proviso to Regulation 5(3), the Bill of Entry can be filed by Authorized Courier, or with the concurrence of the Authorized Courier, the Consignee or a Customs House Agent on behalf of the Consignee. Imports through courier ARE NOT ALLOWED in respect of following category of goods, namely, - (a) The goods where the weight of individual package exceeds 70 kg; (b) The goods which require specific conditions to be fulfilled under any Act other than the Custom Act or any Rules and Regulations framed under such Act; (c) The following import goods requiring testing of samples thereof or reference to the relevant statutory authorities or experts before their clearance, namely:- (i) animals and parts thereof, plants and parts thereof; (ii) perishables; (iii) publications containing maps depicting incorrect boundaries of India; and (iv) precious and semi-precious stones, gold or silver in any form; (d) The following export goods, namely:- (i) the goods which are subject to levy of any duty on their exports; (ii) the goods proposed to be exported with the claim for drawback; (iii) the goods proposed to be exported under Duty Entitlement Pass Book Scheme, Duty Exemption Schemes, Export Promotion Capital Goods Scheme or any other similar export promotion schemes; (iv) goods in respect of which the proper officer directs the filing of shipping bill or bill of export in prescribed form; (v) goods where the value of the consignment is above rupees twenty-five thousand and transaction in foreign exchange is involved. Provided that the limit of rupees twenty five thousand as provided in this sub-clause shall not apply to such export consignments where the G.R. Waiver or specific permission has been obtained from the Reserve Bank of India. 6.2 Packaging of Goods to be Imported and Exported by Courier: The goods to be imported or exported by Courier shall be packed separately in identifiable courier company bags, with appropriate labels, in following category, namely (a) Documents; (b) Samples and free gifts; (c) Dutiable and/or commercial goods; Each package of import or export goods shall bear a declaration by sender regarding the contents of the package and value thereof. Registration : 7. Only Authorized Couriers shall be permitted to deal with the clearance of import and export parcels, imported/exported through Courier mode. However, Licensed Customs House Agents or Importers themselves with the authorization of Authorized Courier shall also be permitted to clear the import parcels. The following procedure shall be followed for registration of Courier Companies as Authorized Couriers:- 7.1 REGISTRATION: REGISTRATION OF COURIER COMPANIES: Every person intending to operate as an Authorized Courier shall make an Application in Form-A appended to the said Regulations, ( Annexure I) to the Commissioner of Customs, Ahmedabad through the Dy./Asstt. Commr. (Technical), Custom House, Ahmedabad for registration (Copy enclosed as Annexure A .) The conditions/procedure to be satisfied for registration are: - (a) The applicant shall, to the satisfaction of the Commissioner of Customs, Ahmedabad, establish its financial viability by producing a Certificate issued by a Scheduled Bank or such other proof acceptable to the Commissioner of Customs., evidencing the possession of assets of a value not less than five lakh rupees; (b) The applicant shall execute a bond with the stipulated security of ₹ 1 Lakh in cash or in the form of Postal Security or National Saving Certificate in the name of Commissioner of Customs, Ahmedabad for complying with the provisions of the Customs Act, 1962 and the Rules and Regulations made there under. (c) The applicant courier company shall also undertake to pay any duty not levied or short levied on goods taken clearance by such courier company if in the opinion of the Commissioner of Customs, Ahmedabad , such duty cannot be recovered from importer or exporter (to be undertaken by courier company in the bond they furnish); (d) After causing necessary verifications as the Commissioner of Customs, Ahmedabad may deem necessary to satisfy himself that the applicant fulfills the requirements of registration, the applicant courier company will be registered as an Authorized Courier; (e) Registration shall be valid for a period of ten years and will have to be renewed by making an application in this regard before expiry of registration period; registration shall normally be renewed if the performance of authorized courier is found satisfactory with reference to absence of any complaint of misconduct including non-compliance of any of the obligations specified in the Regulations. (f) Board had also amended Courier Imports and Exports (Clearance) Regulations, 1998 vide Notification No. 09/2007-Customs (N.T.) dated 07th February, 2007 which, interalia, provided single registration to Authorized Couriers so as to enable them to operate at all Customs locations. As per regulation 7(2) of the Courier Imports and Exports (Clearance) Regulations, 1998, the Authorized Courier who is registered as per Regulations, shall transact the business in all Customs Stations within the country subject to Intimation in prescribed Form A to the Commissioner of Customs, Ahmedabad. Further, Regulation 12 provides that the registered Authorized Courier shall furnish the Bond and Security for each Customs station from where he has to transact the business. Accordingly, the Commissioner of Customs, Ahmedabad, may permit the operation of Authorized Courier based on the intimation as per Regulation 12 of the Courier Imports and Exports (Clearance) Regulations, 1998 and subject to execution of specified Bond and Security, as mentioned in sub para (b) above. In such cases, no separate registration is required, as clarified vide Board s Circular No.31/2007 dated 29-08-2007. 7. 2 Obligations of Authorized Courier: Authorized Courier shall act as an Agent of Consignee in case of import under an Authorization issued by the Consignee/Consignor as the case may be; comply with the provisions of law and advise his clients in this regard; ensure correctness of any information submitted to Customs with reference to clearance of goods or otherwise; not withhold any information relating to assessment from Customs or Clients as the case may be; shall maintain all stipulated records and accounts in the prescribed manner and submit them for inspection to the Dy./Asstt. Commr., (C.B.C) or any officer authorized by him, whenever required. 7.3 Renewal of Registration As per para 10 (2) of the Regulation, the registration is valid for a period of ten years. Hence, the registered Authorized Courier before one month of the expiry of the aforesaid ten years, shall apply for Renewal of Registration. On receipt of such application, if the Commissioner of Customs, Ahmedabad is satisfied with the performance of Authorized Courier with reference to the absence of any complaints of misconduct including non- compliance of any of the obligations specified in the Regulations, the registration shall be renewed for a further period of 10 years. 7.4 De-Registration: Para 14 provides for the revocation of the registration of the Authorized Courier and also of the security for failing to comply with the conditions of the Bond executed by them and the provisions of the regulations and also for any misconduct on their part. In the event of any violation, same shall be brought to the notice of the Commissioner immediately for examining the case for the suspension of the Registration of the Authorized Courier conducting inquiry and if found guilty he may revoke the Registration and pass such necessary orders as deemed fit, after due process of law. The Authorized Courier, may if aggrieved by the order of Commissioner of Customs, make a representation to the Chief Commissioner of Customs in writing against such order within sixty days of communication of the said order. 8. Documents and procedures: These Regulations specify the documents to be filed and procedures to be followed for customs clearance of goods, the details of which are elaborated in following paragraphs. 9 Clearance of Export Parcels: Regulation 6 of the Courier Import and Export (Clearance) Regulations, 1998 prescribes the procedure for clearance of Export Cargo. The authorized Couriers are required to file two types of Courier Shipping Bills. Courier Shipping Bill I (CSB- I) to cover the shipment of documents and Courier Shipping Bill II (CSB II) to cover samples, prototypes of goods and bonafide gifts of articles for personal use of a value not exceeding ₹ 50,000/- in a Financial Year. The Authorized Couriers shall bring in the goods and present the CSBs along with related documents in Courier Baggage Cell, at ACC, Ahmedabad, at least three hours prior to the departure of the respective flights. 9.1 Clearance of Courier Shipping Bill-1 (CSB-1) The Authorized Couriers shall submit CSB-1 in duplicate in the format prescribed in the Regulations, to the Inspector of Customs (C.B.C.), at ACC, Ahmedabad, who shall enter the material particulars in the Register maintained for the purpose. The items covered under CSB I shall be cleared flightwise after subjecting them to full screening by the Airline staff under the direct supervision of the Inspector of Customs (C.B.C.). The said Officer shall supervise the screening and if satisfied, shall pass the CSB-I for shipment. The Authorized Courier shall then handover the bags to the concerned Airline staff and obtain an endorsement from the Airline staff in token of having received the bags, on the duplicate copy of CSB-I. This copy shall be handed over to the Inspector of Customs, (C.B.C). In case any discrepancy is found at the time of screening, the Authorized Courier shall make available the bags and package for examination by the Inspector of Customs (C.B.C.), after which, if found in order, the same shall be repacked in their original packing and placed in the respective bag. Similarly, certain packages may be selected on random basis for examination. In case of any discrepancy or if any objectionable goods are found, the same should be detained after due process under a Detention Memo and, the Authorized Courier shall countersign the Detention Memo as having witnessed the examination and detention. Such cases will be brought to the notice of the Dy./Asstt. Commr., (C.B.C) for taking appropriate action. 9.2 Clearance of Courier Shipping Bill II (CSB-II) The Authorized Courier shall file the CSB-II with the Inspector of Customs (C.B.C.)l for registration. After registration, the CSB-II will be presented to the Supdt. of Customs (C.B.C), who after scrutiny shall select maximum of 25% of the shipments for detailed examination, and the Authorized Courier shall ensure that the packages after examination are properly repacked in the original packing. If no discrepancies are found, the Authorized Courier after assessment of CSB-II shall handover the same to the respective Airlines staff and shall obtain the shipment endorsement from the Airline, on the duplicate copy of CBS-II and handover the same to the Supdt. of Customs, (C.B.C). In case any discrepancy is noticed, then after due process, if found necessary, the parcel will be detained and stored in the Customs warehouse. The Authorized Courier shall countersign the Detention Memo as having witnessed the examination and detention. Such cases will be immediately brought to the notice of the Dy./Asstt. Commr., (C.B.C) for taking proper/appropriate action. 9.3 Clearance of Goods covered under regular Shipping Bill. A regular Shipping Bill shall be filed for such categories of exports as are specified under the proviso to sub-regulation (3) of Regulation 76 of Courier Imports and Exports (Clearance) Regulations, 1998, in Air Cargo Complex in the Shipping Bill and Bill of Export (Form) Regulations, 1991. The same shall be processed in the manner applicable to such Shipping Bills in the Air Cargo Complex. Ahmedabad. In such cases, Authorized Couriers may be permitted to file regular Bill of Entry or Shipping Bill. 9.4 Short Shipped (Shut Out) parcel In the event of the Airline not being in a position to lift all the bags for shipment, the Authorized Courier shall take an endorsement from the Airline as to the number of bags being accepted and inform the Supdt of Customs (C.B.C) in-charge of examination regarding the details of the bags not accepted by the airlines. He shall obtain permission from the said Supdt. of Customs (C.B.C) for shipping the remaining bags through any Airline on the same day and obtain permission for shifting to another flight. After shipment he shall take the endorsement of the duplicate copy of the CSB I, or II, as the case may be, in case it is not possible to ship any bags after assessment by any Airline on the same day, then the Authorized Courier shall make a request to the said Supdt of Customs (C.B.C) for taking the goods back to town. If permitted, he shall take the endorsement on the duplicate and triplicate copy of the CSB I or II, as the case may be and take the goods back to town. It shall be noted that no bags after assessment shall be taken back without the above said permission and any lapse will be viewed seriously. 9.5 Disposal of Uncleared Cargo. As provided under Regulation 6(5), any export goods brought into Customs Area for export purposes and which have not been exported within seven days of arrival of such goods into such area or within such extended period as permitted by the Dy/Asstt. Commr (CBC), ACC, Ahmedabad. In case of delay due to such reasons which the Dy/Asstt. Commr (CBC), ACC, Ahmedabad considers to be beyond the control of the concerned courier may be detained by the Supdt of Customs (CBC), in charge of examination and disposed of after issuing notice to the concerned courier and the charges payable, for storage and handling of such goods shall be payable by such Authorized Courier. 10. Clearance of Imported parcels : Imports by Authorized Couriers shall be classified on merits in the respective Customs Tariff Headings. To illustrate, imports of an instrument and machinery by a courier will be classified under Chapter 90 and Chapter 84 respectively and the duty charged suitably and not at a uniform rate as baggage. Thus, the courier imports will be subject to merit assessment. Immediately on arrival of the import goods, CBE-I/CBE-II shall be filed by persons specified in this regard in the manner prescribed herein. After the noting of the Bill of Entry, any amendment shall be done on the Bill of Entry, only with the approval of Dy./Asstt. Commr., (C.B.C), ACC, Ahmedabad. Such amendment will be made in the Noting register in red ink. As stipulated in the Regulations, the Authorised Courier is required to bring the goods duly sorted out in the different categories such as, documents, samples and free gifts, dutiable or commercial goods and packed separately in clearly identifiable courier company bag (thus goods should in effect come sorted as per CBE-III, CBE-IV and CBE-V). However, if the courier company, for any reason desires to sort the goods after arrival, in the category of CBE-IV and CBE-V, they may do so with the permission of the Supdt of Customs (C.B.C), in charge of examination. In no case the parcel should be opened during the process of sorting. 10.1 Filing of Courier Bill of Entry -I (CBE-I) The On Board Courier(OBC) or the person in charge of the aircraft himself or through the authorized representative of the concerned Airlines) or any Authorized Courier shall file the Courier Import Manifest in form CBE-I immediately on arrival of the import goods at CBC, ACC, Ahmedabad and present it to the Inspector of Customs (C.B.C.). The IGM No stated on the CBE-I should be identical to the one already assigned to the concerned Airline flight. 10.2 Filing of Courier Bill of Entry II (CBE-II) The representative of the Authorized Courier shall file the Courier Manifest in the Form CBE-II in duplicate, with the Inspector of Customs (C.B.C.), who shall retain the second copy of CBE-II and return the original to the Authorized Courier, after entering it in running serial number in the register prescribed for this purpose. Details of CBE-I i.e. No and date. should invariably be mentioned on CBR-II in order to facilitate re-conciliation. 10.3 Clearance of Courier Bill of Entry -III (CBE-III) In respect of documents not liable to any duty, the representative of the Authorized Courier shall file form CBE-III, in quadruplicate, for duty free clearance. A single CBE -III may be filed for the clearance of any number of such goods imported by the Authorized Courier on a particular flight. However, the actual nature of the document, which may be letters, brochures etc, should be specified for the purpose of clearance. Documents include any message, information or data recorded on paper, cards or photographs and of no commercial value which is for the time being not liable to any customs duty or subject to any prohibition or restriction on their export out of or import into India; After noting and assigning Serial No. (Bill of Entry No.) the CBE- III will be taken up for clearance by the Supdt of Customs (C.B.C)), in charge of examination. Clearance of documents covered under CBE-III shall be on the basis of inspection without any assessment of documents. However, the Supdt of Customs, (C.B.C) in charge of examination, may examine the documents at random or where he feels that examination is required to be done. In any case all the courier bags shall be subjected to 100% X-ray scanning to ascertain the contents. The bags containing documents (CBE-III) can be X-rayed together. Any discrepancy noticed during inspection/examination will be brought immediately to the notice of Dy./Asstt. Commr., (C.B.C). 10.4 Clearance of Courier Bill of Entry-IV (CBE-IV) In respect of bona fide commercial samples and bonafide gifts entitled to exemption from custom duty under various Customs notifications, the representative of the authorized Courier shall file Form CBE-IV in quadruplicate. Single CBE-IV may be filed for the clearance of up to 10 consignments of such goods imported by the Authorized Courier on a particular flight. After noting of CBE-IV, the Authorised Courier shall submit the same to the Supdt of Customs (C.B.C)) in charge of assessment, for prima-facie assessment to ascertain that the goods are entitled to exemption as bonafide samples or gifts, as the case may be. Samples means any bonafide commercial samples end prototypes of goods supplied free of charge of a value not exceeding fifty thousand rupees for exports or ten thousand rupees for imports which are for the time being not subject to any prohibition or restriction on their export out of or import into India and for which no transfer of foreign exchange is involved; Free gifts means any bona fide gifts of articles for personal use of a value not exceeding rupees twenty-five thousand for a consignment in case of export goods and rupees ten thousand for each consignment in case of import goods which are not subject to any prohibition or restriction on their export out of or import into India and for which no transfer of foreign exchange is involved; It may be mentioned that the value limit prescribed for samples and free gifts is exclusive of freight and insurance element. However, in case of goods valued above ₹ 10, 000/-, freight and insurance is added to calculate the duty payable. In case of any doubt regarding admissibility of duty exemption in the category of bonafide samples or gifts, the said Supdt of Customs (C.B.C) in charge of examination, may call for documents or any such information required for assessment of value or nature of goods. Clearance of the goods shall be subject to the percentage of examination as prescribed by the Board vide Circular No. 23/2006-Cus, dated 25-08-2006 as amended from time to time. In case any duty liability is found to arise in course of assessment of the goods, the same may be assessed on CBE-IV itself. In respect of such Bills of Entry, the procedure prescribed under para 10.5 below, mutatis mutandis, shall be followed. The courier bags covered under CBE-IV will be subjected to 100% X-ray scanning to ascertain the contents. Any discrepancy noticed during inspection/examination will be brought immediately to the notice of Dy./Asstt. Commr., (C.B.C). 10.5 Clearance of Courier Bill of Entry V (CBE-V) For clearance of dutiable goods, the representative of the Authorized Courier shall file form CBE- V in quadruplicate. A single CBE-V may be filed for clearance of up to 10 consignments or for one consignee. It may be noted that CBE-III, IV and V are to be filed flight wise so that these Bills of Entry are easily reconcilable with the CBE-I and CBE-II. For this purpose CBE-llI/CBE-IV/CBE-V should invariably contain details of CBE-II No. and date. The Inspector of Customs (C.B.C.) shall carry out this reconciliation, which shall be ensured by Supdt. Of Customs (CBC). For clearance of dutiable goods covered by CBE-V the procedure shall be as follows. Assessment The Bill of Entry after noting shall be put up to the Supdt of Customs (C.B.C.) in charge of assessment, who shall assess the duty in accordance with the Customs Tariff and Foreign Trade Policy/Procedure, etc as well as after taking into consideration the alerts issued in respect of the items/parties, etc. During the course of assessment of Bill of Entry, if the Supdt of Customs, (C.B.C) in charge of assessment comes to the conclusion, in terms of the Customs Valuation Rules or any other information at his disposal, that the declared value is low, the same may be enhanced by the said Supdt of Customs (C.B.C), only after consent of consignee or the concerned Authorized Courier or Authorized Agent and such consent may be obtained on the Bill of Entry itself. In no case the value would be enhanced suo-moto. In such cases where the under valuation of incorrect classification is resorted to with intend to evade payment of duty by way of mis-declaration or suppression of facts adjudication proceeding would invariably be resorted to. Further in all such cases where the value is proposed to be enhanced by more than 50% of declared value, such enhancement would invariably be brought to the notice of the Dy./Asstt. Commr.(C.B.C) for concurrence. Payment of Duty The assessed Bill of Entry shall be returned to the Authorized Courier for payment of duty, who shall pay the duty and get the TR-6 challan signed by the concerned Inspector of Customs (CBC). The said Inspector will ensure that duty is paid within interest free period or due interest is paid in case of delay in payment of duty. Thereafter the Inspector of Customs (CBC), will make necessary entries in the register. Maintenance of Personal Ledger Account (PLA) by the Couriers For the purpose of payment of Duty, all the Authorized Couriers are required to maintain a Personal Ledger Account with sufficient balance to cover the duty liability at all times. It is also suggested that the Authorized Couriers may maintain account current (deposit account) so that the payment of duty is facilitated round the clock. Examination After payment of duty, the goods shall be examined as per the examination norms prescribed by the Board vide Circular No. 23/2006-Cus, dated 25-08-2006 as amended from time to time. The Supdt of Customs (C.B.C.) in charge of examination shall endorse the examination report on the duplicate copy of Bill of Entry. First Check Appraisement In cases of appraisement under 1st check, the same procedure as prescribed above shall be followed except that the examination will precede the assessment and payment of duty. In such cases, the Supdt of Customs, (C.B.C) in charge of assessment will endorse the examination order on the reverse of the original Bill of Entry and forward the same to the Supdt of Customs (C.B.C) in charge of examination. The latter-mentioned Supdt of Customs, will carry out the examination of the goods, as per the examination order and as per the examination norms prescribed by the Board vide Circular No. 23/2006-Cus, dated 25-08-2006 as amended from time to time and endorse the examination report on the reverse of the original CBE-V and forward the same for assessment to the Supdt of Customs, (C.B.C). Out of Charge Goods in respect of which no discrepancy is found the Supdt of Customs, (C.B.C) in charge of examination will give Out of Charge on 2nd Copy of Bill of Entry, clearly mentioning number of consignments shipment and number of packages allowed out of charge in a particular B/E. The Authorized Courier will then submit the duplicate to the Custodian, who will allow clearance on the basis of out of charge order given by the Supdt of Customs, (C.B.C). The Gate Officer, while allowing clearance, will tally/verify the consignments/shipments and packages being cleared with corresponding entry in the duplicate Bill of Entry and Gate Pass (in case Custodian makes gate pass). On clearance of all consignment for which out of charge has been given on the concerned Bill of Entry, the Custodian shall make an endorsement in this regard and 2nd copy will be returned to the Inspr of Customs, (CBC). It shall then be attached to the original Bill of Entry. Third and fourth copy of Bill of Entry shall be retained by the Authorised Courier for their own purposes and onward forwarding to the clients. He will then despatch the original and return the 2nd, 3rd and 4th copy of the TR-6 Challan to the Authorized Courier with endorsement regarding verification of duty paid. Post Clearance Audit by CERA The Supdt of Customs (CBC), shall ensure that all the Courier Bills of Entry are sent for post audit by CERA on weekly basis 11. Detention of Courier Goods and Subsequent Clearance In case any discrepancy is found during the examination, the goods shall be detained as per the procedure prescribed herein and the discrepancy will be brought to the notice of the Dy./Asstt. Commr., (C.B.C),at ACC, Ahmedabad. At times it may not be feasible to assess the goods for want of information with regard to valuation, description, classification or any other discrepancy/ambiguity noted at the stage of assessment or examination. In such cases goods are required to be detained for further inquiries. Wherever goods are detained either by Customs or Custodian, for whatever reason, Detention Memo in prescribed proforma will be issued immediately and Bill of Entry number will be mentioned on it. It will be signed by the Supdt of Customs (C.B.C.). Detained goods will be produced for examination only after the Supdt of Customs (C.B.C.) in charge of assessment, gives the requisition on the reverse of the Bill of Entry. For assessment of detained goods, the Authorised Courier shall file part Bill of Entry giving reference of earlier Bill of Entry and enclosing a copy of Detention Memo. It may be ensured by the trade, Authorized Couriers and Custodian at the time of filing of documents that all necessary information may be furnished in the first instance, so that Detention could be avoided. Wherever the goods have been detained, the Authorised Courier shall make efforts to furnish the requisite information expeditiously. In this regard, the Dy./Asstt. Commr., (C.B.C), ACC, Ahmedabad, shall also closely monitor the detention caused on account of Customs requirements and efforts would be made to expedite the clearance of such detained goods. 12.1 Filing of Regular Bill of Entry in Specified Situations The simplified procedure for filing Courier Bills of Entry does not apply to all goods. Proviso to Regulation 5(3), of the Regulations stipulates that for certain categories of imports, a regular Bill of Entry prescribed in the Bill of Entry (Forms) Regulations, 1976 is to be filed. These include, (a) goods imported under duty exemption scheme applicable to EOUs and units in EPZs; (b) goods imported under Export Promotion Schemes such as DEPB, DEEC and EPCG Schemes; (c) goods imported against the license issued under the Foreign Trade (Development and Regulation), Act, 1992 and (d) goods imported by a related person defined under the Customs Valuation Rules, and (e) goods in respect of which the Proper Officer directs filing of a Bill of Entry. A normal Bill of Entry may be directed to be filed by the Deptt. in certain situations such as where the Assessing Officer requires corroboration of the declaration and where an enquiry may be necessary before finalising the assessment (under valuation, mis-declaration of description etc.). 12.2 Filing of prior Bill of Entry: In order to facilitate faster clearance of import cargo, the facility of filing of prior CBE- IV and CBE- V (prior to arrival of goods) is available to the Authorized Couriers. If the Authorized Courier wishes to file prior CBE-IV and CBE-V, he may make a request in writing, which may be allowed by Deputy./Asstt. Commr., (C.B.C), at ACC, Ahmedabad after satisfying about the credentials of the Authorized Courier. Such filing would be allowed only on the basis of documents (invoice and AWB) received by the Authorized Courier through their imaging system. In this regard it may be noted that prior CBE-IV and CBE-V shall be noted only when accompanied by copies of the Air way Bills and invoices. 13. No Separate Certificate for Cenvat Purposes Guidelines have been prescribed vide Circular No.85/1998-Customs dated 13/11/1998. Para 6 of the Circular No. 56/95-Cus suggests that when any consignee wishes to claim MODVAT (now CENVAT) credit, they are advised to file the normal Bill of Entry, as per the Bill of Entry (Forms) Regulations, 1976. This will serve as the document for claim of CENVAT. In no case, the Customs Authorities will issue separate certificates for this purpose. Accordingly, it is clarified that whenever consignee intends to take CENVAT credit on imported goods, normal Bill of Entry may be filed. This Bill of Entry may be used by the importer for taking CENVAT credit on any imported goods, as per clause (c) of rule (9) of CENVAT Credit Rules, 2004. 14. Re-shipment/Mis-routed Shipments In case of mis-routed shipments, the Authorized Courier shall make a request to Dy/Asstt Commissioner (CBC), ACC and file CSB I or II as the case may be. Such consignments will be verified by the Supdt of Customs, (CBC), in charge of examination and if he is satisfied that such shipments have arrived due to mis-routing, the same will be endorsed on the CSBs and the Deputy/Asstt Commissioner shall permit reshipment thereof. In case of packages meant for re-shipment for reasons other than through mis-routing, permission for re-shipment will be given by the Deputy/Asstt. Commissioner on the merits of the case. Such goods shall be subjected to screening and examination and other formalities applicable to the corresponding category of goods in the manner mentioned above. 15. Transhipment of packages imported by EPZ, FTZ and STP: On the request of Authorized Courier and on the strength of the transshipment permit and bond/undertaking, transhipment of parcel imported by EPZ, FTZ and STP situated outside Ahmedabad shall be permitted. However transhipment will be allowed only by Air and not by any other means of transport. 16. Action in respect of uncleared imported goods: As per Regulations, all imported goods are required to be cleared within a period of 30 days of the arrival of such goods. If the goods are not taken clearance within 30 days of the arrival, the same shall be disposed of after giving notice to the Authorized Courier and charges payable for storage and holding of such goods shall be payable by the Authorized Courier. 17. Import of goods expressly not covered under the Regulations: There may be situations where goods imported vide courier are expressly not covered as per the regulations. In such cases, the goods shall be dealt on merits by filing a regular Bill of Entry under Sec.46 of Customs Act, 1962. Similarly if the Dy./Asstt. Commr., (C.B.C), ACC, Ahmedabad, feels that the document merits assessment by filing a regular Bill of Entry, he shall order for filing a regular Bill of Entry under Sec.46 of Customs Act, 1962 . These Bills of Entry shall be dealt with by the respective Officers of Air Cargo Complex, Ahmedabad. 18. Role of the Custodian M/s GSEC Ltd, Ahmedabad shall be the Custodian of the courier import and export parcels, as approved vide Notification No.2/2008- Customs dated 16-05-2008, issued by the Commissioner of Customs, Ahmedabad, subject to the provisions of Section 45(2) and 45(3) of the Customs Act, 1962 as well as rules and regulations issued under the said Act, and the instructions issued by the Board from time to time on the subject. . Accordingly, the Custodian will (a) comply with the provisions of the Customs Act, Rules, regulations, Public Notices and Standing orders issued from time to time in this regard; (b) ensure proper receipt, handling and storage of courier goods; provide secure and adequate space for loading and unloading of consignments; X ray for screening the goods; conveyor belts for smooth flow of goods etc.; (c) ensure proper segregation of import and export goods and ensure that there is no movement from import side to export side and vice versa or from examination area to any undesignated areas; (d) ensure that goods imported into India, if required to be re-exported shall be done only with the permission of proper Officer of Customs; and (e) ensure while giving delivery of the imported goods to the authorized courier or consignee that the goods have been granted out of charge by proper officer of Customs. 19 Payment of overtime charges by the Custodians/Courier Companies : The working hours of the Courier Baggage Cell at Air Cargo Complex will be from 2.00 P.M. to 10.00 P.M on all working days except closed holidays. The Custodian will pay the cost recovery charges of the officers posted to work in these hours. The Authorized Couriers or the Custodian M/s GSEC Ltd. shall submit a request to the Dy./Asstt. Commr., (C.B.C) for availing the services of the Officers attached to the Courier Baggage Cell beyond the official working hours of the Courier Baggage Cell and also for such special services which may arise from time to time. The Dy./Asstt. Commr., (C.B.C), may permit the same subject to the payment of Merchant Over Time (MOT) fees as per the instructions contained in Board s Circular No. 101/2003 dated. 5/12/2003. 20. Role of Airlines: In such cases where the Airlines bring in goods without an onboard courier, they shall file the CBE-I with the Customs officer in the manner as mentioned above. In case of export goods, the airline shall ensure that the bags handed over to them have been duly passed by Customs by verifying CSB-I and/or CSB-II as the case may be. After accepting the bags, the Airlines shall make an endorsement on the duplicate copy of CSB-I of CSB-II in token of having accepted the bags, In case Airlines are not in a position to accept all the bags, they shall so indicate in the CSB-I or CSB-II indicating the number of bags accepted by them for shipment. The regulations provide for an option that the courier company may get the goods imported through an on board courier and Courier Import Manifest filed or his functions may be performed by the person in charg of aircraft (Commander of the aircraft) or his representative. In that case that Courier Import Manifest is required to be signed by the person in charge of the Aircraft and he will be responsible for any mis-declaration. 21. Applicability of EXIM Policy on courier cargo: In view of nature of courier trade, the scheme of clearance of import and export through courier mode envisages certain procedural relaxation as regards the customs clearance procedures. However, such imports continue to be governed by the EXIM policy as applicable to any imports or exports. Hence it should be ensured that all Imports/Exports by courier mode satisfy the provisions of EXIM policy and any other law in force for the time being. 22. Expectations from the Trade: For gaining the maximum benefit of the facilitation of Courier Clearance at CBC, A.C.C., Ahmedabad, it is necessary that the Trade submits their documents to expedite the processing of their Courier Shipping Bills/Bills of Entry. Advance filing of documents will also enable quicker clearance of goods. In case of any difficulties faced in the implementation of the Courier Clearance at CBC the following officers may be contacted. Additional Commissioner of Customs (In- Charge of CBC/ACC, A bad) Office of the Commissioner of Customs, Custom House Navrangpura, Ahmedabad 380 009. Telephone: (079) 2758 2523 Assistant Commissioner, Courier Baggage Cell Air Cargo Complex Ahmedabad Telephone: (079) 2286 5299 Fax: (079) 2286 8377 23. All the Trade Associations/Chambers of Commerce and Members of Regional Advisory Committee and Custom House Agents Association are requested to publicise the contents of this Public Notice amongst their Members/Constituents, for their information and necessary action. (A. K. GUPTA) COMMISSIONER FORM A ANNEXURE- I (see regulation 7) Application Form for registration to operate as Authorized Courier at a Customs Station or Intimation to operate as Authorized Courier at a Customs Station other than the place of registration 1. Name of the Applicant. (In case the applicant is a firm or a company, the name of each of the partners of the firm or the directors of the Company as the case may be). 2. PAN Number of applicant. (as assigned for the purpose of Income tax). 3. Whether the Applicant is registered as authorised courier. (Yes/No). (i) If yes, Details of registration issued under sub-regulation (1) of regulation 10. (ii) Particulars of the quantity or value of cargo cleared as authorised courier during the period of operation as authorised courier. (iii) Whether the registration as authorised courier held under these regulations was cancelled or suspended. 4. Full address of the applicant. (in case the applicant is a firm or a company the full address of each of the partners of the firm or the directors of the company as the case may be). 5. In case the applicant is a firm or a company, the name(s) of its partner or partners or director/directors or duly authorised employees who will actually be engaged in the work of the authorised courier. 6. In case it is desired to appoint clerk or clerks, the name and address of the clerk or clerks as the case may be. 7. Educational qualifications of each of the persons, who will actually be engaged in the work as authorised courier. 8. Particulars regarding knowledge of Customs Law and procedure. (These particulars are required in respect of each person who will be actually engaged in the work of authorised courier). 9. Whether the applicant or any of the persons proposed to be employed by him have been penalized, convicted or prosecuted under any of the provisions of the Customs Act, 1962 (52 of 1962), or any other law for the time being in force. I/We hereby affirm that I/we have read the Courier Imports and Exports (Clearance) Regulation, 1998, and agree to abide by them. Signature of applicant(s) _____________________________ Date ............. .