Procedure for customs clearance at – CFS M/s Central Warehousing Corporation, Post Box No. 18, Old Bunder Road , O/s. Adani Port, Bharat CFS Zone, MP & SEZ Ltd; Mundra, Dist: Kachchh, PIN- 370421…m/r. - Customs - 08/2008

GOVERNMENT OF INDIA OFFICE OF THE COMMISSIONER OF CUSTOMS CUSTOM HOUSE, KANDLA F. No. S/20-05/CWC-CFS/2008/Appg (G) Public Notice No. 08/2008 Date: 21.02.2008 Subject: Procedure for customs clearance at CFS M/s Central Warehousing Corporation, Post Box No. 18, Old Bunder Road , O/s. Adani Port, Bharat CFS Zone, MP SEZ Ltd; Mundra, Dist: Kachchh, PIN- 370421 m/r . Importers, exporters, Custom House Agents and all other concerned are hereby informed that in view of liberalized economy and the present trend of containerization of cargo so that the full benefit of such containerization can be derived with the availability of state of the art infrastructure facility for de-stuffing and clearance of import cargo and aggregation and stuffing export cargo into containers, the premises located at Post Box No. 18, Old Bunder Road , O/s. Adani Port, Bharat CFS Zone, MP SEZ Ltd; Mundra, developed by M/s Central Warehousing Corporation has been declared as the CONTAINER FREIGHT STATION and the CUSTOMS AREA under Section 8 (b) of The Customs Act, 1962 (hereinafter referred to as the said CFS) and M/s Central Warehousing Corporation has been approved as the custodian of the said premises under Section 45 of the Customs Act, 1962 (hereafter referred to as the Custodian) vide Customs Notification no. 01 dated 13.02.2008. 1.2 The said CFS shall operate on all week days in two shifts between 0900 hrs to 2300 hrs except on Sundays, second Saturdays of every month and every Gazetted holidays. The importers/exporters or their agents can avail the services of the available staff on Merchant Overtime Basis (MOT) on such holidays and off days and beyond the aforesaid prescribed office time, on account of any imports/exports of urgent nature with the permission of the Deputy/Assistant Commissioner of Customs in charge of the said CFS. 1.3 The facility for movement of the containers between the said CFS and the Customs area of the gateway Ports will be available on round the clock basis under overall preventive supervision of Customs staff of MP SEZ, Mundra through the road connecting the CFS gate and container gate of MPSEZ, Mundra. 1.4 M/s Central Warehousing Corporation; will act as custodian of the goods at the said CFS. The movement of containers by road vehicles between the said CFS and the customs area inside gateway ports will be undertaken by M/s Central Warehousing Corporation. IMPORT 2 The following procedure is prescribed for clearance of Import Cargo at the said CFS: 2.1 The Importers/Exporters/CHA will submit copies of respective IGM OBLs to the Custodian at the said CFS along with a request for movement of Import (Loaded) Containers from CY-MP SEZ, MUNDRA to the said CFS in advance. 2.2 The Custodian will arrange transportation of the Import Loaded Containers from the Customs area in MP SEZ, MUNDRA to the said CFS after taking over the same from the Port Authorities concerned on the strength of an Equipment Interchange Report (EIR) to be prepared jointly by the Custodian MP SEZ, MUNDRA officials duly authorized by gate Proper Officer of Customs. In case seal of any Import Container is found to be tampered, the same will be removed from the Customs Area of MP SEZ, MUNDRA to the said CFS only after obtaining permission of the Assistant/Deputy Commissioner of Customs in charge of the CFS and under Customs escort. 2.3 All Customs formalities including physical examination of goods will be carried out at the said CFS. This will help in the expeditious clearance of goods as well as permit co-ordination between documentary assessment including through EDI and the physical Examination of goods. 2.4 The CFS will have facility for Import manifest and Bill of Entry, appraisement of goods, concurrent Audit, license debiting, payment of duty, physical examination of goods and clearance. 2.5 The procedure for Import examination, appraisement and other formalities at the said CFS would be as follows. 2.5.1 The de-stuffing of the containers will be carried out in the presence of the Customs Officer, representative of the Custodian, the Importer/CHA after verification of the Seal No. as per documents. After de-stuffing, the representative of the Custodian shall prepare a de-stuffing sheet which will be signed by him along with the Customs Officer, Importer/CHA and representative of the shipping lines in respect of LCL cargo. This sheet shall mention that the seal was found intact .The contents in the containers viz packages, chests, pellets, boxes etc. shall be tallied and the numbers compared with reference to the IGM/OBL. Shortages/excess, if any noticed at the time of de-stuffing shall be recorded and got certified by the Customs Officer on the de-stuffing sheet. 2.5.2 The clearance of goods for home consumption/warehousing from the said CFS- shall be on the basis of the Bill of Entry in the prescribed form to be filled by the Importers/their authorized agents before the Customs Authorities at the said CFS. Each Bill of Entry shall be noted against the copy of the IGM. The Bill of Entry as filled shall be accompanied by all necessary documents including invoice, packing list, bill of lading, import license, declaration under Rule 10 of the Customs Valuation Rules, 1988, OGL Declaration, chartered engineers certificate (wherever applicable) etc. One separate set of essential documents like invoice, packing list, bill of lading, importer declaration under Rule 10 of Customs Valuation Rule, 1988 etc. shall be pasted on the reverse of original Bill of Entry. In case of Bill of Entry processed through RMS (Risk Management System) the procedure laid down for clearance in Public Notice No.46/2007 dtd 19.11.2007 would be applicable. 2.5.3 The Imported cargo after de-stuffing will be stacked in the import warehouse or container yard properly segregated, under stock cards giving clear indication to which the lot belongs. The Custodian shall be wholly responsible for the proper stacking and safety of the cargo and will be responsible for any shortages, damages that may occur during the period when the goods are under their custody. 3 IGM VERIFICATION AND NOTING OF BILL OF ENTRY: The importer/CHA shall present the Bill of Entry along with the relevant documents at the counter of IGM clerk who will carry out the IGM verification and enter the particulars of IGM in the IGM register. Thereafter the importer/CHA will hand over the Bill of Entry to the noting clerk for making entries in the Noting Register. 4 ALERT AND LICENSING CHECK: After receiving the Bill of Entry from the noting clerk, the Alert Notice Inspector shall immediately do the alert notice check and after satisfying himself that the goods/imports license are not in the suspected category shall hand over the Bill of Entry to the Appraiser or Superintendent for appraisement. Generally the assessment shall be through second appraisement procedure. However, in certain cases the Deputy Commissioner/Assistant Commissioner in charge may decide to order first appraisement. 4.1 PROCEDURE FOR ASSESSMENT: In case of First appraisement ordered by the Deputy Commissioner/Assistant Commissioner, the examination of the goods shall precede the assessment of Bill of Entry. The appraiser shall endorse the examination order on the reverse of the original copy of the Bill of Entry after taking approval from the Deputy Commissioner/Assistant Commissioner of Customs. Thereafter the importer/CHA shall get the goods examined. 4.2 EXAMINATION: The Bill of Entry shall be presented to the shed Appraiser/Superintendent by the Importer/CHA for physical examination of the goods. The examination shall be conducted by the examining staff after the inspection of the lot and identification of the same with the import documents. He will endorse examination report on the original and duplicate copy of the Bill of Entry. The importer/CHA shall then present the Bill of Entry to the Appraiser/Superintendent for assessment. 4.3 After assessment of the Bill of Entry by the Appraiser, the Importer/CHA shall present the Bill of Entry to the Inspector of Customs to check the exchange rate. After this the Bill of Entry shall be put up to the Deputy Commissioner/Assistant Commissioner of Customs for his signature. 4.4 DETACHMENT OF BILL OF ENTRY: The detach clerk having received the finalized Bill of Entry will hand it over to the Importer/CHA for payment of duty. However, before handing over the Bill of Entry, he will ensure to put his signature in the Bill of Entry Monitoring Register. He will also ensure that the original Bond/Bank guarantee and note sheet etc. if any are detached and kept in the office record of the department. Any formality regarding licensing etc. if required will also be completed before handing over the Bill of Entry to the importer/CHA. 4.5 DUTY PAYMENT: The importer/CHA after having received the Bill of Entry from the detach clerk shall pay the duty in the designated bank after getting TR-6 challan signed by the said dealing assistant (detach clerk). The duty is to be paid within 7 days period as prescribed under section 47 of the Customs Act 1962. If the Importer/CHA fails to pay the duty within 7 days period (from the date of return of Bill of Entry to him as provided under section 47 of the Customs Act 1962), the Importer/CHA shall obtain fresh challan of payment of duty along with interest accrued there on. After payment of duty and interest, the duty paid Challan and Bill of Entry shall be deposited at the counter of the detach clerk and the said detach clerk will enter the particulars of payment in the relevant register. Original Bill of Entry shall be retained by the detach clerk and remaining copies will be returned to importer/CHA who shall produce them to the import shed. 5. OUT OF CHARGE: The Appraiser/Superintendent of the shed shall endorse out of charge after ensuring that all formalities have been completed. The out of charge shall be endorsed on the duplicate copy of Bill of Entry. The duplicate copy of Bill of Entry shall be detached by the examining officer at the shed and he will give one copy of the gate pass to the importer/CHA who will submit the same dully signed by the said Appraiser/Superintendent to the Custodian for delivery of the goods on their gate pass. After giving full delivery of goods, the shed Appraiser/Superintendent shall send the duplicate copy of B/E to the dispatch clerk. The dispatch clerk shall then match the original and duplicate copies of the Bill of Entry and forward the same to the manifest clearance section within two days. 5.1 SECOND APPRAISEMENT: In case of second appraisement all the procedure will remain the same except prior examination of the goods before assessment. In case of second appraisement the assessment shall be completed on the basis of invoice etc., and duty shall be paid, get the goods examined exactly in the same manner as prescribed for the first appraisement procedure. If everything is found in order, the goods will be given out of charge in the manner stipulated above following all other procedure till the manifest clearance section. 6 MOVEMENT OF EMPTY CONTAINERS OUT OF THE SAID CFS: As regards empty containers arising out of de-stuffing, the monitoring will be done by the container cell. Container leasing companies, shippers/steamer agents will be responsible for producing proof of export of containers at the gateway port or the cancellation of the bonds executed in respect of empty containers. As per the requirement of the Shipping Lines the empty containers will be transported from the CFS to gate way ports or other CFS/ICD under EIR. 7 CLOSURE OF IGM: After all the goods received and delivered at the said CFS under an IGM/Sub-manifest IGM is lawfully cleared, the IGM will be closed on the basis of duplicate copy of the Bill of Entry. 8 UNCLEARED GOODS: Attention of importer/CHA and others concerned is invited to the provision of the section 48 of the Customs Act, 1962. The Custodian will bring it to the notice of the Assistant/Deputy Commissioner of Customs in charge of the CFS, all such consignments that are not cleared by the Importer/CHA for home consumption/warehousing within 30 days from the date of unloading thereof i.e. receipt of the containers at the said CFS or are not cleared within such extended time period as the Assistant/Deputy Commissioner may permit. In respect of such goods and also goods in respect of which the importer relinquishes title before an order for clearance under the Customs Act, the Custodian shall, after giving due notice to the importer and ascertaining the status of the goods from the concerned Assistant/Deputy Commissioner, in terms of the provisions of Section 48 of Customs Act, 1962 and after complying with the guidelines laid down thereon, auction the said goods. EXPORT 9 The following procedure is prescribed for export of containerized cargo through the said CFS: 9.1 EXPORT CLEARANCE AT THE SAID CFS: The exporter/CHA shall file four copies of Shipping Bills as prescribed in the Shipping Bill and Bill of Export (Form) Regulation, 1991. 9.2 NOTING OF SHIPPING BILL: The exporter/CHA shall present all the copies of the Shipping Bill in the prescribed Performa along with all relevant documents to the Noting Section of the Export Branch at the said CFS. In addition to the normal information given in the Shipping Bill, the exporter shall mention the Port of discharge. However, at the time of noting, they may not give the container No. if the same is not available with them. But the same shall be furnished before the Let Export order is given. Each container must have distinct marks and numbers. 9.3 PROCESSING OF EDI SHIPPING BILLS: The shipping bills of all categories like free shipping bills, drawback, DEPB, DEEC, DFRC, EPCG etc. shall be filed in the same manner at the EDI Service Centre as indicated above. After confirmation of the checklist by the Exporter/CHA, the shipping bill shall be submitted in the system and it will be marked to the Appraiser/Superintendent (Export). From Appraising Officer, the Shipping Bills are marked for registration of goods (goods registration) except for the following categories, which are marked to AC/DC a. Shipping Bills where FOB value of the goods is more than ₹ 10 Lakhs. b. Shipping Bills where Drawback claim is more than ₹ 1 Lakh. c. Shipping Bills having item under DEPB Scheme and item FOB value more than Rs. Five lakhs or DEPB rate more than 20%. d. Shipping Bills under DEEC Scheme having FOB value more than ₹ 1 Lakh. e. Shipping Bills relating to free trade samples having value more than ₹ 25,000/-. f. Or when the Appraising Officer seeks advice. 9.4 Apart from verifying the value and other particulars for assessment, the Assistant/Deputy Commissioner may call for the samples, if required for confirming the declared value or for checking classification under the Drawback Schedule. The Assistant/Deputy Commissioner may also give any special instruction for examination of goods, if felt necessary. 9.5 The Exporters/CHAs can check up with the query counter at Service Centre whether the Shipping Bill submitted by them in the system has been cleared by the Assistant/Deputy Commissioner or not, before the goods are brought into the said CFS for examination and export. In case any query has been raised by the Assistant/Deputy Commissioner, the same is required to be replied through the Service Centre. The Shipping Bill will be passed by the Assistant/Deputy Commissioner after all the queries have been satisfactorily replied to. The status of the Shipping Bill can also be seen on information Kiosks placed adjacent to the Service Centre. 9.6 PROCESSING OF EXPORT DOCUMENTS: The customs authorities shall complete classification and assessment of export documentation. The Shipping Bill presented together with the copies of GR1 form, invoice, packing list, quality certificate (wherever required) contract/buyer s order etc to Noting Clerk at the said CFS. After scrutiny, the Noting Clerk will stamp the date of presentation and assign the serial number to the Shipping Bill (separately for Drawback and non-Drawback). The Inspector shall process the Shipping Bill by conduction of usual prescribed checks. 9.7 ASSESSMENT: The Inspector shall pass on the Shipping Bill to the Appraiser/Superintendent (Assessment). The Appraiser/Superintendent shall complete the assessment by carrying out all necessary checks. Further, if drawback amount is less that ₹ 1,00,000/- and no DEEC/DEPB benefit is claimed, the Appraiser/Superintendent will process the Shipping Bill finally. If drawback amount involved is ₹ 1,00,000/- or above, or shipment is under DEEC/DEPB scheme, the Shipping Bill shall be put up to the Deputy Commissioner/Assistant Commissioner of Customs for finalization. Thereafter, the Shipping Bill shall be sent to the Noting Section for detaching the original Shipping Bill and GR1 Form. After detachment, the remaining copies of the Shipping Bill will be returned to the exporter/CHA who will acknowledge the receipt thereof. After finalization of the Shipping Bill filed under DEEC scheme, logging of DEEC will be done at the said CFS. The logging of DEEC shall also be put up to Deputy Commissioner/Assistant Commissioner of Customs for his verification and endorsement. 9.8 GR1 FORM FORMALITIES: The exporter would be required to submit along with Shipping Bill a full set of GR1 forms. The assessing officer will verify the full export value as usual in GR1 form. The original GR1 form shall be retained by the Customs and subsequently forwarded to the Reserve Bank of India. Shipment certificate on the duplicate copy of GR1 form shall be furnished after the Customs Examination of the export cargo and sealing of containers by the Proper Officer of the export shed at the said CFS with the one time bottle seal whose particulars along with Shipping Bill particulars shall be recorded in an Export Seal Register. The exporter/CHA shall be handed over duplicate GR1 form which shall subsequently be presented to the bank by the exporter. 10 ARRIVAL OF GOODS AT THE SAID CFS: The shed/docks copy of the assessed shipping bill shall be presented by the exporter/CHA to the Custodian authorities. The Custodian after completing their formalities arranges carting of the export goods in the Export Warehouse or CY. On receipt of goods, the Shed in charge of the Custodian should record landing certificate on the Shipping Bill itself. Thereafter, the Shipping Bill shall be presented to the Shed Appraiser/Superintendent of Customs and the Examination Officer/Inspector shall examine the goods in the presence of Exporter/CHA or their authorized representative with reference to the Invoice, Packing list, ARE-1 form etc. They shall endorse the document like invoice, packing list etc. with their signature and draw samples wherever necessary in the presence of CHA/Exporter representative. The Examination Report shall be recorded by the Examining Officer on the reverse of the duplicate copy and triplicate copy i.e. drawback claim copy of the Shipping Bill. The representative of the Exporter/CHA shall endorse and authenticate the examination report as well as sealed representative samples, in token of examination having been done in his presence and his agreement with the examination report. If the export consignment is received at the said CFS after Central Excise examination/Supervision in sealed condition, then the examining officer shall only verify the seal particulars from the available records prepared by the Central Excise authorities/SEZ authorities. Such sealed containers can also be opened to examine the contents if there is a doubt regarding genuineness of its contents because of information/alert notice etc. 10.1 The examination report of export consignment shall be countersigned by the Appraiser/Superintendent posted in the shed who shall supervise such examination and also verify the export value in export document as well as on the GR1 form. Thereafter, the Shed Appraiser/Superintendent of Customs shall endorse the Let Export order on the duplicate copy of the Shipping Bill as well as on both the transference copies and drawback copy wherever applicable 10.2 STUFFING OF CONTAINERS: After the Let Export order is given and the Shipping line has nominated containers for stuffing of the cargo, the Exporter/CHA/Representative of the CHA will obtain permission from the Appraiser/Superintendent of Customs for stuffing of containers with the cargo already examined by the Customs and allowed for export. The stuffing of the containers shall be done in the presence of the Customs Officer, Exporter s Representative, shipping line representative and shed-in charge of the Custodian. All these officers shall jointly sign the stuffing sheets prepared by the Custodian, preferably on computer. 10.3 The quantity of goods stuffed and the quantity shutout (if any) shall be recorded on the Shipping Bill after the stuffing of container is completed. The container shall then be duly sealed with the Customs One time keyless bottle seal. The shipping lines may also put their bottle seal on respective container. In the case of shut out cargo, Shipping Bill shall be put up to the Assistant Commissioner of Customs for amendment on all copies of the Shipping Bill. 11 After the Customs copy of the stuffing sheet is presented to the Superintendent/Appraiser of Customs, he shall endorse the same. The exporter shall prepare in quadruplicates the container wise packing list/weight specification indicating, interalia, the number of packages with marks and numbers, description and total quantity/net weight packed in each container along with corresponding Shipping Bill number. The original and duplicate copies of the Shipping Bill shall be retained at the CFS s Customs Office and the triplicate copy will be handed over to the exporter after the Customs Officer has given the Let Export order. The copy shall be suitably endorsed by the Customs Officer to the effect that the goods shall be transshipped to Mundra Port for onward shipment to destination outside India. 11.1 The Custodian will arrange transportation of the sealed export containers from the said CFS to the container yard/customs area at Mundra Port on the strength of movement permission obtained by CHA/Exporter/Shipping Line/Custodian, from the proper officer of Customs. The Custodian or its authorized agents will present one copy of the said movement permission to the Inspector/Preventive Officer of Customs at the Container Terminal gate of Mundra Port who will verify the seal number and container number and if found tallied will permit inward entry of the containers to the Container Yard at Mundra Port. In token of having delivered the said import container in safe and sound condition to the Port authorities inside the Port area, the Custodian will obtain a proper acknowledgement for the same from Port authorities in the form of Equipment Interchange Report (EIR) and submit documentary evidence of the same to the Superintendent (Export) at the said CFS for their reference and record. 11.2 At Mundra Port, the container will be normally allowed to be exported under preventive supervision on verification of the seals and if found Intact without any further examination. However in case if the seals found tampered with, officers at the Container Terminal gate or Container Yard at Mundra Port will have the right to redirect the container to the said CFS for examination and further necessary action. 11.3 The steamer agent shall be required to file the Export Manifest in duplicate after the shipment of the goods. The transference copies of the Shipping Bill shall be sent to the container unit of the Export Department of the Mundra Customs, duly endorsed regarding shipment of containers onboard. 11.4 The container unit of the Mundra Customs will then send one copy of the EGM to the Drawback Department for further action. If there is no drawback claims the same will be sent to the Appraiser/Superintendent in-charge of the CFS for filing and closure of the EGM after audit. Attention of importers, Exporters, Custom House Agents and all other concerned is also invited to the Public notice No. 17/2004 and 18/2004 both dated 06.07.2004 under which the procedure for Customs Clearance under EDI System has been prescribed. The procedure prescribed in these two Public Notices will be followed in so far as it is not in conflict with Public Notice No. 17/2004 and 18/2004 both dated 06.07.2004 of EDI System. In case of any contrary provisions, the provisions of Public Notice No.17/2004 and 18/2004 both dated 06.07.2004, shall prevail. All the Trade Associations/Chamber of Commerce/Members of Regional Advisory Committees and Custom House Agents Association are requested to publicize the contents of this Public Notice among their members/constituents. Sd/- (T. JAYARAMAN) COMMISSIONER OF CUSTOMS KACHCHH KANDLA