Procedure for shut-out of cargo brought for export - Customs - 42/2007

OFFICE OF THE COMMISSIONER OF CUSTOMS (EP) NEW CUSTOM HOUSE, BALLARD ESTATE, MUMBAI 01 F.No.: S/6-239/2007 FB Date : 30.10.2007 Public Notice No. 042/2007 Subject : Procedure for shut-out of cargo brought for export. Attention of all exporters, CHAs and Shipping agents is invited to the Public Notice No.124 dtd.17/8/98 issued by this Office wherein the procedure for granting permission for shut-out/back to town of cargo brought for exportation was detailed. In supercession of the above said instructions, the following procedure is prescribed for strict compliance by all concerned. 1. The application seeking shut-out/back to town permission of export cargo shall be presented to the Assistant Commissioner of Customs (Docks) along the check list/copies of Shipping bill as the case may be, along with all other relevant documents. 2. The Assistant Commissioner (Docks) shall normally cause the cargo to be examined with reference to the declarations made by the exporter/agent in the checklist/shipping bill. However, examination of the cargo will not be insisted on, in case the entire cargo brought under cover of a shipping bill is sought to be shut-out/taken back to town if the circumstances necessitating such request for shut-out are bonafide and if the goods have already been examined by the officers of customs in the Docks as per the procedure prescribed for export. If the request is for partial shut-out/back to town examination of the goods should necessarily be carried out before goods are taken out of customs area. 3. The Assistant Commissioner(Docks) shall consider favourably the request of the exporter for shut-out/back to town only if the goods are found on examination to tally with the declarations made in the checklist/shipping bill. 4(a). In case the entire cargo covered in a shipping bill is sought to be shut-out/taken back to town, the Assistant Commissioner(Docks) shall, before the permission to shut-out/back to town is granted , cancel the shipping bill as per the procedure prescribed in this regard vide Public Notice No.42/99 dtd.22.3.99 as amended. (b). In the case of goods for which LEO has not yet been granted, the Assistant Commissioner (Docks) may grant necessary permission for shut-out/back to town whether in full or in part, in terms of the instructions contained herein. (c). In the case of goods for which shut-out is sought after the LEO granted by the proper officer, amendment/cancellation of the shipping bill as the case may, depending whether the cargo is fully or partially sought for shut-out, be first carried out in the EDI system by the Assistant Commissioner of Customs (Docks) with the prior permission of the Joint/Additional Commissioner of Customs (Docks) as provided in paragraph 13 of the Public Notice 42/1999 dated. 22.3.1999, issued by this Office. Thereafter, in terms of the procedure prescribed in paragraph 14 of the aforesaid public notice, the Assistant Commissioner of Customs (Docks) shall grant permission for shut-out/back to town. 5. The exporters shall ensure that they do not avail of any export- related benefits/incentives on the goods permitted for shut-out/back to town and that any such benefits availed are refunded to the Government before such permission is granted by the Assistant Commissioner of Customs (Docks). 6. Any difficulty experienced in the implementation of these instructions may be brought to the notice of the Joint/Additional Commissioner of Customs (Docks) for necessary remedial action. Sd/- (K. ANANTHAPADMANABHAN) COMMISSIONER OF CUSTOMS (EXPORT PROMOTION)