Export of Factory Stuffed container; Export through CFS mode clarification regarding - Customs - 03/2017

OFFICE OF THE COMMISSIONER OF CUSTOMS (NS-G), MUMBAI ZONE-II, JAWAHARLAL NEHRU CUSTOM HOUSE NHAVA SHEVA, TALUKA: URAN, DISTRICT: RAIGAD, MAHARASHTRA-400707 F. No. S/43-10/2012 PSO JNCH Part IV Date: 09.01.2017 Public Notice No. 03/2017 Sub: Export of Factory Stuffed container; Export through CFS mode clarification regarding. Attention of the Importers, Exporters, Port Terminal Operators, Shipping Lines/Shipping Agents, CFSs coming under the jurisdiction of JNCH, Nhava Sheva and all other stakeholders is invited to the Public Notice No. 163/2016 dated 01.12.2016 Public Notice No. 174/2016 dated 15.12.2016 regarding Standard Operating Procedure consequent to commencement of Document Processing Area in the Parking Plaza and Gate Automation for Export Import through NSCIT/NSIGT, GTI JNPCT. 2. Trade in recent PTFC meeting have raised their apprehension regarding those cases where due to various reasons exporters preferred storage of factory stuffed containers including self-sealed containers (though entitled to DPE) at different CFSs instead of Parking Plaza. They also requested such containers may be given LEO from that CFS and be allowed directly from CFS to the Port Terminals following procedure for movement as CFS stuffed container without insisting to be routed through parking plaza for LEO. 3. In this regard, it is reiterated that all the factory stuffed containers including the self- sealed containers entitled to DPE are required to be brought to the Document Processing Area in the Parking Plaza of respective Port Terminals, if intended for Direct Port Entry. It is again clarified, in case Exporter intends to route such containers (though entitled for DPE) through any of the CFS, there is no need to route those containers (given LEO at CFS) through Parking Plaza. It is also clarified that examination of such containers routed through CFSs will be governed by RMS instructions in the similar manner as applicable to other containers cleared from CFSs. 4. It is further represented to issue guidelines in following situations- (i) Out of multiple containers, one container for any reason could not able to report at Parking Plaza and the shipment (LEO done at Parking Plaza) failed to catch the vessel. Also the next possible vessel is after 5-7 days, in such situation can Exporter move their containers to any CFS for storage of containers. (ii) Exporter has a lot of containers for shipment and desired to send these containers to port. The vessel is expected to arrive after some days and Port gate is not open; in absence of buffer yard, either all trailers has to be kept waiting at Parking Plaza or has to be stored outside in private yard? (iii) In cases when all trailers have entered in Parking Plaza and LEO is also granted, due to any reason (like Gate cut-off is pre-poned/advanced), the vessel is missed and next vessel may take about 5/7 days to arrive. (iv) LEO done at one parking plaza (eg. JNP) but vessel changed the terminal for berthing (eg GTI). Is LEO to be done again at parking plaza of other terminal? (v) Refer Perishable containers if hold up at parking plaza for LEO even for few more hours is causing hardship to the trade. Thus, for Refer Perishable Containers be allowed to be moved directly into the Terminal and not through the Parking Plaza. 5. The situations and suggestions offered by the trade was examined and it is clarified that Points (i) (iii) a. For points (i) (iii) Exporter have options to move their containers to any of the CFSs under JNCH for storage of their containers with LEO done. Once Form-13 is issued and Port gate is made open, containers can be moved directly to the concerned Terminal without routing through Parking Plaza. However, during entry and exit of these containers (with LEO at Parking Plaza) to/from the CFSs, Gate officer posted at that CFS will invariably check the container number, seal number and fact if intactness of the seals and maintain a record of the same. b. However, it is the responsibility of the Port Terminal Operator to ensure that once any container has entered the Parking Plaza within the prescribed time limit, the vessel is not missed. In this regard, if required, they may issue advisory prescribing the timelines so that if any container has entered the Parking Plaza within those time lines, its loading on the vessel has to be ensured subject to compliance of Customs Act or any other law. Points (ii) Exporter are expected to act as per the timelines to ensure the roads leading to Terminal gates and limited storage capacity of Parking plazas are optimally utilized. However, even if some cases, containers intended for export arrived in port area and the vessel is expected to arrive after some days and port gate is still not open; exporter has the option to move their containers to any of the CFSs under JNCH for storage of their containers and clear from such CFS and there is no need to route those containers (given LEO at CFS) through Parking Plaza. Points (iv) When LEO is done at one Parking Plaza and due to any reason Terminal for berthing of vessel is changed, in such situation there is no need to cancel LEO. Once LEO is granted, it is valid for all Terminals. Points (v) Public Notice 174/2016 dated 15.12.2016 has already been issued addressing the issues. Sd/- (SUBHASH AGRAWAL) Commissioner of Customs (NS-G)