Movement of Import cargo from Air Cargo Complex (ACC)/Airport to Air Freight Station (AFS) at Central Warehousing Corporation (CWC) Virugambakkam, Chennai - Customs - 130/2007

OFFICE OF THE COMMISSIONER OF CUSTOMS AIR PORT AIR CARGO, MEENAMBAKKAM CHENNAI 600027 S. Misc. No. 25/2007-Appg (AIR) DATE: 01.11.2007 Public Notice No. 130/2007 Sub: Movement of Import cargo from Air Cargo Complex (ACC)/Airport to Air Freight Station (AFS) at Central Warehousing Corporation (CWC) Virugambakkam, Chennai It is brought to the notice of all concerned that on the basis of requests/representations made by the trade with a view to expedite the process of clearance of imported air cargo and to reduce the dwell time in Air Cargo Complex, Chennai, the following procedure is prescribed for transhipment of imported cargo from Chennai Airport/ACC to the Air Freight Station (AFS) set up at Central Warehousing Corporation (CWC) premises at Virugambakkam. Transshipment Regulations: 2. The transhipment of imported air cargo from Chennai Airport/ACC to CWC, AFS-Virugambakkam will be governed by the provisions of Chapter VIII of the Customs Act, 1962 and Goods Imported (Conditions of Transhipment) Regulations, 1995. Cargo to which the procedure will apply: 3. With a view to reduce the time taken for clearance of imported goods and minimize the handling operations at the Airport it is stated that requests for movement of the entire cargo landed by an Air craft at the Chennai Airport for clearance at the AFS shall only be considered under this procedure. Transhipment of imported cargo to the AFS shall be permitted for the full load of imported cargo brought in by the Aircraft/Airlines. Individual consignments or part load of imported cargo shall not be permitted for transshipment for taking delivery at AFS. However, exception to the above would apply for human remains, live animals, live human organs and other cargo of perishable nature and diplomatic cargo for which Customs clearance shall be given at the Air Cargo/Airport itself. Clearance of cargo brought by an aircraft which includes unaccompanied baggage shall also be effected at the ACC only and such cargo shall not be transshipped to the AFS. Responsibility of Airlines: 4. The Airlines shall be responsible for the imported goods until these are handed over to the Custodian at the AFS after segregation and due accountal of the imported cargo. In case, the Custodian or any transporter undertakes the responsibility for the movement of cargo between the Airport and AFS, such arrangement would not take away the responsibility of Airlines for due accountal of the cargo on landing and during transhipment. The Airlines shall be responsible for any short landing, excess landing or any pilferage during transit from Airport/Air Cargo to AFS. Airlines shall specifically undertake this responsibility by executing suitable bond/undertaking with the Commissioner of Customs. Filing of Manifest/IGM: 5. The requirement of filing complete and correct Import General Manifest (including house AWB details) under section 30 of the Customs Act shall be completed before the goods are allowed for transhipment under this procedure. The cargo meant for transhipment should be declared in the IGM as for transhipment to AFS, Virugambakkam . Customs shall have the right to inspect, verify, examine or conduct any investigation, at any time, before allowing the imported goods for transhipment. Procedure at Airport/Air Cargo: 6. Airlines shall make necessary logistics arrangements to ensure that imported cargo landed at the Airport is cleared for transhipment to AFS, within eight hours of the arrival of the aircraft. In case, where it is not possible to comply with this requirement, within the prescribed time limit such imported cargo shall be handed over to the custodian appointed at Airport/Air Cargo (Airport Authority of India). The entire imported cargo, which is permitted for transhipment under this procedure, shall be moved to AFS immediately after arrival of the aircraft under the supervision of the proper officer of the Customs. The transshipment shall be permitted subject to the Airlines executing a running bond and a bank guarantee covering the value of the cargo likely to be handled at any given point in time valid for a period of 12 months and such other conditions as a Commissioner of Customs may impose. If it is not possible to furnish a running bond and bank guarantee, the airlines may produce individual bond and bank guarantee for each transshipment of cargo. In respect of such cargo, segregation will be done at AFS of CWC Virugambakkam. No segregation will be allowed for such imported cargo at the airport. Procedure for movement of imported cargo from Airport/Air Cargo to AFS: 7. It is the responsibility of Airlines to ensure secured movement of goods from Airport to AFS at CWC, Virugambakkam. Airlines/AFS shall ensure transhipment of imported cargo through CWC-Virugambakkam and produce necessary certificate evidencing receipt of goods at AFS, to the Proper Officer at Air cargo within 2 days. The Airlines/Authorised Agent will make an application to the proper Officer in ACC furnishing the particulars of the I.G.M. number, Line Nos., Aircraft s name, date of arrival of the Aircraft, name of the importer, broad description of the cargo with weight particulars and also the total number of trucks to be moved indicating the truck registration numbers. This application should be submitted in QUADRUPLICATE, the first copy to be given to Proper Officer in ACC and 2nd copy to the Airport Authority of India, the 3rd copy to the CWC, Container Freight Station, Virugambakkam and the 4th copy to be retained by the Airlines or the authorised Agent. 8. The Proper Officer in ACC will register the application of the Airlines or the Authorised Agent and assign a number in all the copies for having registered and give formal permission for movement of the bonded trucks from ACC/Airport to the CWC-AFS Virugambakkam. He will retain a copy in the office and forward the other copies to the Preventive Officer (P.O) stationed at the Air Cargo Complex, who is designated for controlling the movement of the bonded trucks from the Air Cargo Complex to the Container Freight Station who will: (a) enter the application received from the Air Cargo Complex in a register maintained for the purpose; (b) ensure that the bonded trucks mentioned in the application are properly sealed with customs Bottle seal; (c) after sealing, record the same details in the application for movement of the bonded trucks to the C.F.S. at Virugambakkam; (d) hand over the application to the CWC/Airlines indicating in the application the number of bonded trucks sealed. Necessary arrangements for submission of the application in time for transshipment as above shall be made by airlines. They may indicate the specified flights which would avail this procedure for any fixed period, so that transshipment permission is given by Customs authorities for all such flights. This would enable Customs authorities to issue the transshipment permission in advance, so that no time is lost after the cargo is arrived in permitting transshipment under this procedure. 9. The Airlines will ensure that all the bonded trucks permitted for movement to the AFSs are moved expeditiously. While moving the bonded trucks out of the Air Cargo Complex, the Airlines should show the copy of their application bearing the endorsement of the Customs Officer permitting such transhipment to the Preventive Officer P.O. posted at the gates. They shall obtain an endorsement in the said application from the P.O. about the date and exact time at which the sealed bonded trucks are actually moved out of the AAI s gate to the AFS, Virugambakkam. On reaching of the sealed bonded trucks at the AFS, the Airlines will hand over the application bearing the endorsement of the P.O. (ACC/AAI gates), to the P.O. at the AFS posted for the purpose. This P.O. will check the seals on the bonded trucks with reference to the applications produced by the Airlines and if the seals are in tact, he will permit unloading of the bonded trucks at the AFS after endorsing the date and time of receipt of the bonded trucks in the said application. He will also keep a register (as in annexure-A) indicating the daily receipt of the bonded trucks as per the application received. He will also give a daily report of the total number of bonded trucks received to the Proper Officer in ACC. Along with this report he will enclose the application forms received containing the Endorsement of P.O. (ACC) to tally the number of bonded trucks sent out of Air Cargo Complex with that of the bonded trucks, received by the P.O. at the AFS on a daily basis. 10. The Airlines shall ensure that the bonded trucks are moved to the AFS at Virugambakkam and delivered at the AFS within four hours from the time of endorsement made by the P.O. at ACC gates as referred to above. If for any reason, the sealed bonded trucks after P.O.'s endorsement at the AAI s gates, could not reach the AFSs within the stipulated time, the Airlines/Authorised Agent should immediately inform PO attached to AFS and on the very same day or at the maximum very next working day to the AC/DC (ACC) with a copy of the application indicating the reasons there for. As the sealed bonded trucks are moved from ACC to AFS Virugambakkam on the application of the Airlines and without Customs Preventive escort, the Airlines shall be held responsible for safe delivery and they shall also be responsible for any loss, if any, pilferage, etc., during the transit of the bonded trucks from ACC to AFS, Virugambakkam. 11. For the receipt of the bonded trucks in the AFS, the Custodian should maintain a register indicating the date and time of receipt of the bonded trucks with all relevant particulars relating to the consignments and maintain complete account of the receipt and removal of bonded trucks and will furnish a weekly statement to A.C/D.C.(ACC) indicating the total number of bonded trucks received, cleared and balance pending at AFS, Virugambakkam. Procedure for unloading, segregation, storage and clearance of imported cargo at AFS: 12. After the P.O. permits unloading of the bonded trucks at the AFS, the AFS will make arrangements for segregation, orderly stacking of the goods for the purpose of easy identification by Customs. In cases where the truck reaches after the stipulated time of 4 hours, the P.O. at AFS will permit unloading of the cargo which has to be stored in a separate place till permission is granted by AC/DC (ACC) to proceed further. The segregation of the imported cargo shall be done before the representative of the Airlines, Custodian and in the presence of proper officer of Customs. In cases of damage noticed at the time of devanning/unloading, a comprehensive damage report shall be prepared by the custodian. Custodian shall ensure all necessary arrangements for unloading, segregation of cargo to enable the availability of imported cargo for delivery within 6 hours of its arrival at AFS. 13. Further, if imported goods are not unloaded at the AFS or if the quantity unloaded is short or in excess, or not accounted properly, then the concerned Airlines undertaking transhipment shall be responsible for action in terms of Section 116 and 117 of the Customs Act, 1962. 14. Bill of Entry (B/E) shall be filed at Service Center, ACC or through ICEGATE. B/E will be assessed at ACC. The Appraising staff posted at the AFS shall carry out the examination of cargo either in terms of first or second check appraisement work as is applicable to any imported cargo. They will also, after due examination of the goods and after verification of assessment, duty payment and other relevant aspects, follow the procedure of giving 'out of customs charge as is being followed in ACC, Chennai. 15. After Out of customs charge is given in the Bill of Entry, the AFS will permit the movement of the goods out of AFS. The AFS will permit the delivery of goods either in the form of packages or in full truck load on the strength of a gate pass and duplicate bill of entry. The gate passes should be serially numbered and should contain number of packages and particulars of the consignments, the registration number and other details of truck transporting the goods, the name of the driver, the date and time of removal etc. The P.O. at the AFS gate will collect the gate pass and allow the truck carrying packages after verification of the relevant details. After removal of the goods, the A.F.S. will submit a weekly report of the consignments so cleared from the AFS with bonded trucks and the number of packages, as the case may be, and forward the duplicate bills of entry with a list to the A.C./D.C. (MCD), ACC. 16, Similarly, empty bonded trucks which are required to be taken out of the AFSs, after destuffing should also be covered by a gate pass issued by the AFS. Destuffing of bonded trucks will be permitted only in the presence of Customs Officer posted at the AFSs and the empty bonded trucks wilI be permitted to be taken out of AFSs only after obtaining the permission of Proper Officer in AFS. The Gate Pass Issued by the AFS for removal of the bonded trucks should contain the registration number and other details of the bonded trucks. The P.O. posted at the gate, shall physically check the empty bonded trucks so as to ensure that no imported goods are removed either unauthorisedlv or by any unauthorized persons. He should collect the gate pass and enter the relevant details in the Register maintained for this purpose. 17. As regards export cargo is concerned, all goods may be brought to the AFS and consolidated/aggregated in ULDs/Shipper loaded ULDs in earmarked area for the purpose of export. Necessary documentation for customs processing of shipping bill would be filed in the Air Cargo Complex itself. Further, it is clarified that selection of packet for examination at AFS shall be governed by the existing relevant Board circulars and instructions. Uncleared/Unclaimed goods: 18. In case of uncleared/abandoned goods, the AFS/CWC authorities, as custodians of the cargo, should follow the statutory provisions in the Customs Act towards the disposal of these unclaimed cargo. As per section 48 of Customs Act, 1962, if any goods brought into India from a place outside India are not cleared for home consumption or warehoused or transhipped within 30 days from the date of unloading thereof at the AFS-Virugambakkam, the person having custody thereof, after due notice to the importers and with tile permission of the proper officer shall dispose of them. Hence, the A.F.S. authorities should issue notices after the expiry of 30 days to the respective importers and arrange for the disposal of the goods within 45 days from the date of their unloading. The A.F.S. authorities will make necessary arrangements for fixing of value for the goods by contacting Customs and for conducting auction of the goods subsequently. All auctions shall be conducted through E-auctions, either by using the facility provided by the Customs Commissionerate or any other portal approved by the Customs authorities. They will also make arrangements for removal of the sensitive goods to the Customs Warehouse depending upon the nature of the cargo. The AFS/CWC authorities have to discharge all statutory obligations including duty liability on pilfered goods under the Customs Act, 1962 as amended. 19. The above Public Notice will have immediate effect and until further orders. Sd/- (C. Rajan) Commissioner of Customs (Airport ACC) Annexure - A Particulars of trucks received from Air Cargo Complex at AFSs No. Date and time Name of Airlines Aircraft Name IGM No. Line No./ULD No. Truck No. Qty. Description of goods Name of the importer Initial of P.O. Remarks 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.