Procedure for clearance of export cargo categorised as “Hazardous Goods”; reg. - Customs - 46/2017

OFFICE OF THE COMMISSIONER OF CUSTOMS (NS-IV), MUMBAI ZONE-II, JAWAHARLAL NEHRU CUSTOM HOUSE, NHAVA SHEVA, TALUKA : URAN, DISTRICT : RAIGAD, MAHARASHTRA-400707 F. No. S/22-Gen-38/2015-16/AM(X)/(Part-I) Date: 31.03.2017 Public Notice No. 46/2017 Sub: Procedure for clearance of export cargo categorised as Hazardous Goods ; 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 issued from time to time for smooth clearing of export consignments and to reduce dwell time of export. 2. It has been noticed that Containers declared to be containing Hazardous cargo are allowed Direct Port Entry without examination, even if RMS Instructions are for Open Examination . It was explained that reason for such practice is difficulty in examination of such cargo. As per the practice followed, in such cases the concerned examining officer obtains a waiver from the AC/DC in charge of the docks for ignoring the open and examination order given by the system. 3. It has been decided to revisit the present practice considering the probability of smuggling in the garb of Hazardous cargo as it is never examined and allowed to be exported as it is. In view of recent detections of contrabands concealed in hazardous cargo , it becomes imperative to review the examination process of the hazardous cargo . 4. Basically hazardous cargo is categorized into 9 classes from 1 to 9 depending on the nature of the cargo. The technical details about these 9 classess are enclosed as Annexure- A to this Public Notice. A note about Reading Hazardous Materials Placards is also enclosed as Annexure- B to this Public Notice. HAZARDOUS CARGO OF CLASS 5 , CLASS 8 AND CLASS 9 , 5. Analysis of the degree of danger in each class of the hazardous cargo reveals that there exists a health and environmental hazards in case of all classes of such substances. However, it appears that in case of class 5 , class 8 and class 9 ,there is relatively low probability of potential health hazard as compared to others. Each cargo should be accompanied by 1. ISO certificate, if available, 2. Cargo analysis report; 3. Material safety Data Sheet (in order to distinguish the category and class of the hazardous cargo ). HAZARDOUS CARGO OF CLASS 5 , CLASS 8 AND CLASS 9 [REFER ANNEXURE- A ] 6. In case of class 5, class 8 and class 9 of Hazardous Cargo, there is relatively low probability of potential health hazard as compared to others. Hence, in such cases a percentage of cargo should be opened and examined in CFSs (authorised to handle hazardous cargo ) under expert supervision of trained personnel provided by the exporters (at the time of examination), whenever examination of such cargo is required. OTHER HAZARDOUS CARGO [OTHER THAN CLASS 5 , CLASS 8 AND CLASS 9] 7. It has been decided that following procedure should be adopted for verification of cargo contained in such Containers so as to comply with RMS instructions: i. In case of other cargo, especially for the goods falling under the category of other classes, the goods cannot be opened and examined in the shed as it poses great danger to health as well as the environment. Hence, the containers/goods, which are earmarked for examination (as per RMS Instructions) should be scanned at JNCH scanning site at Distripark. ii. For such consignments, examination of the cargo may be temporarily waived and cargo may be allowed after Let Export Order (LEO) as per the existing procedure. On its way to Port, the container need to be scanned at the scanner and due stamping by the scanning officer need to be taken on the movement slip certifying it clean and goods to be as declared. While allowing the container inside the port the slip need to be checked and ensured it to be stamped clean by the scanning officer before allowing it inside the port. iii. Officers posted to Scanning will ensure that such export containers are scanned on priority. iv. Whenever, if suspicion arises as a result of scanning, the result should be communicated to SIIB(X) and Boarding Officer immediately so as to ensure that such export containers are not allowed to be loaded on ship before such export containers are examined and found to be proper. 7.1 The procedure of first issuing LEO and subsequent sending such export containers to scanning has been adopted to ensure smooth flow of trade. This procedure is expected to be more convenient for exporters as there may not any need to brought back the goods to CFS after scanning, unless consignment is found to be suspicious. It will save lot of time on the part of exporter and prevent the cargo being shut out. 7.2. The official posted at the gate should check the movement slip and allow the cargo inside the PORT only after the verification of CLEAN STAMP by the scanning officer on the movement slip. 8. Difficulty, if any may be brought to the knowledge of to Deputy/Assistant Commissioner in charge of Appraising Main (Export) through email/phones (email address: [email protected], Phone No : 022-27244959) 9 . This, issues with approval of the Chief Commissioner of Customs, Mumbai Zone-II, JNCH. Action to be taken in terms of decisions taken in this Public Notice should be considered as standing order for the purpose of officers and staff. Sd/- (SUBHASH AGRAWAL) Commissioner of Customs (NS-IV).