Certain clarifications about DPD facility-Reg. - Customs - 16/2017

OFFICE OF THE COMMISSIONER OF CUSTOMS, NS-G, MUMBAI CUSTOMS ZONE-II JAWAHARLAL NEHRU CUSTOM HOUSE, NHAVA SHEVA TAL : URAN, DIST : RAIGAD. PIN 400707 F. No. S/22-Gen-38/2015-16/AM(X)/(Part-I) Dated: 09.02.2017 Public Notice No. 16/2017 Sub: - Certain clarifications about DPD facility -Reg. Attention of the Importers, Exporters, General Trade, Port Terminal Operator, Shipping Lines/Shipping Agents, CFSs coming under the jurisdiction of JNCH, Nhava Sheva and all other stakeholders is invited to various other decisions communicated through Public Notices [Public Notice No 161/2016, dated 28.11.2016 (DPD facility to 467 importers), Public Notice No 180/2016, dated 19.12.2016 (DPD facility to another 214 bid importers), Public Notice No 160/2016, dated 29.11.2016 (creation of dedicated DPD/RMS Facilitation Centre at JNCH), Public Notice No 08/2017, dated 16.01.2017 (Certain clarifications about DPD facility ), Public Notice No 09/2017, dated 16.01.2017 and other Public Notices issued from time to time for smooth clearing of consignments and to reduce dwell time of import. 2. It has been further represented by various stakeholders/members from trade that: i. Procedure for submitting advance intimation of at least 72 hours from importer availing DPD Facility to shipping lines. ii. Manner of stacking i.e. whether it should be based on DPD Code or Alternate/preferred CFS Code (Stacking Code) iii. What would be procedure to be followed and responsibility of various stakeholders i.e. Port Terminal, CFSs, shipping lines and DPD importer as regards those containers where no advance intimation is submitted by DPD Importer within 72 hours (whether obtained DPD Client code from Terminal Operator or not); iv. How to calculate the time limit of 48 hours as specified in Public Notice No 08/2017 and Public Notice No 09/2017, both dated 16.01.2017; 3. Therefore, as a measure of trade facilitation and Ease of Doing Business aforesaid issues have been examined and point wise clarification/procedural requirements are as under: A. Procedure for submitting advance intimation of at least 72 hours from importer availing DPD Facility to shipping lines. It is clarified that: i. Advance intimation is required to be submitted by importer through their official email id to shipping line at least 72 hours in advance informing the details such as Bill of Lading Number, Details of consignment, DPD Client Code allotted by Terminal Operator Preferred CFS and its Code;(will be known as stacking Code ). In the aforesaid intimation, DPD importer may authorize Customs Broker to complete other procedural formalities on his behalf else Importer would be responsible for completing such formalities. ii. Copy of said advance intimation should be sent to Customs, concerned CFS/Transporter Terminal Operator. iii. JNPT is already preparing to logistic solution in the form of engaging 5-7 major transporters who will provide transport services to DPD Clients in efficient manner and evacuation of containers from Terminal will take place on best pick up basis. DPD Importers can avail the aforesaid logistic solution as and when available. Whenever such logistic solution is available, DPD Importer will have option to avail the services of any of the aforesaid Transporters and indicate the code of such Transporter as stacking code . iv. DPD Importers have the alternative option to submit Original copy of Bill of Lading , duly endorsed to shipping line 72 hour in advance and indicate stacking Code . They can obtain advance e-do by submitting Original copy of Bill of Lading in advance. B. Manner of stacking i.e. whether it should be based on DPD Code or Alternate/preferred CFS Code ( Stacking Code ) i. Stacking of container should be based on Stacking Code indicated in the advance intimation, unless otherwise specifically indicated by DPD Importer. ii. However, if the DPD importer has not indicated any Stacking Code (CFS/Transporter Code) , then container should be stacked in DPD stacking . iii. If the Containers are stacked in CFS Stacking as per Stacking Code indicated by DPD Client, importers will not be liable to pay any shifting charges , as being the practice in respect of CFS bound containers. Further, in such cases, CFSs (if providing logistic services in evacuation of DPD containers or shifting of Non RMS Containers) should pick up containers on best pick up basis from Terminals. In such cases, Terminal Operator should not insist for OOC copy before allowing removal of containers from Terminal area. However, it is the responsibility of DPD importer to ensure that Out of Charge (OOC) is obtained from Customs before removal of container from Port Terminal. Failure to obtain Out of Charge (OOC) before removal of container from Port Terminal by DPD importer may result in denial of benefit of aforesaid simplified procedure [which provides choice of CFS (as per stacking code), exemption from payment of shifting charges etc. and other benefits linked with speedy clearances to the DPD Importer]. iv. However, if containers are stacked in DPD Stacking as per choice indicated by DPD Client, importers may be required to pay shifting charges , as determined by Terminal Operator. C. Manner of transmission of code by shipping line to Terminal operator Shipping lines should indicate both the codes in the Import Advance List (IAL) submitted to Terminal Operator and Terminal Operator should ensure that their database should contain information about both the codes and ensure stacking as per aforesaid procedure. D. What would be procedure to be followed and responsibility of various stakeholders i.e. Port Terminal, CFSs, shipping lines and DPD importer as regards those containers where no advance intimation is submitted by DPD Importer within 72 hours (where list of containers provided by Customs); i. In order to assist the Terminal, list of aforesaid containers (RMS Facilitated cargo) is also being generated from ICES and being provided to Terminal Operator atleast 12 hours before arrival of the vessel. In respect of all such containers, Terminal Operator should issue a provisional DPD code and stack all such containers at separate place for further clearance under DPD mode. Such containers should be cleared from the Terminal in DPD mode. Such containers should not be cleared from the Terminal for CFS other than to designated CFS or other CFSs after 48 hours as per prescribed procedure. ii. Terminal Operator should ensure that all such containers are identified and stacked in heap meant for DPD Clients irrespective of POD indicated in the IGM/IAL and are only cleared as DPD Clearance within 48 hours or cleared to designated CFS after 48 hours as per above Public Notice . iii. CFSs should also be mandated not to issue Job Order in respect of these containers unless DPD importers obtains OOC before removal from Port and only taking assistance of CFS to provide logistic solutions as per Public Notice No 09/2016, dated 16.01.2017. iv. All other containers belonging to DPD Clients should be stacked in the stacking code as indicated in IAL. E. How to calculate the time limit of 48 hours as specified in Public Notice No 08/2017 and Public Notice No 09/2017, both dated 16.01.2017; i. Time limit of 48 hours as specified in Public Notice No 08/2017 and Public Notice No 09/2017, both dated 16.01.2017 should be calculated from the time of landing of container in Port Yard or Entry inward granted by Customs (in case of any system related issue), whichever is later. ii. In case any vehicle/trailer sent/arranged for picking up of import container of such DPD Importer has been allotted PIN/RFID Tag/similar procedure completed, then such vehicle/trailer should be allowed to pickup allotted container even if at the time of picking up of such container, said period of 48 hours already over. In other words, 48 hours period will not be applicable once PIN etc is given. 4. In case of any difficulty, the specific issue may be brought to the notice of Additional Commissioner/Joint Commissioner in charge of DPD Cell/RMS Facilitation Centre for remedial action. 5. This, issues with approval of the Chief Commissioner of Customs, Mumbai Zone-II. 6. Copy of this Public Notice is being sent to all Terminal Operators, BCHAA, CSLA, MANSA, CFSAI though email with request to bring it to the notice of all concerned/members for information and necessary action. Sd/- (SUBHASH AGRAWAL) COMMISSIONER OF CUSTOMS, NS-G