Procedure for shut out cargo for export reg. - Customs - 36/2004

OFFICE OF THE COMMISSIONER OF CUSTOMS (IMPORTS) JAWAHARLAL NEHRU CUSTOM HOUSE, NHAVA SHEVA, TAL. URAN, DIST. RAIGAD, MAHARASHTRA 400707 F.NO.EDI-239/2004 Date: 08 .07.2004 PUBLIC NOTICE NO. 36/2004 Sub:- Procedure for shut out cargo for export reg. Attention of all Exporters, CHAs, Shipping Agents is invited to the procedure of shut out cargo and back to town as mentioned in PN No. 39/97, dated 12.11.97. In the Trade facilitation meeting held on 11.06.2004 the CHAs/Shipping Agents have requested Customs to come out with a clear cut procedure for shut out cargo and back to town as the earlier procedure mentioned in PN No.39/97 was not going well with existing Indian Customs EDI System (ICES). Hence the following procedure for shut out cargo and back to town shall be implemented in ICES w.e.f. 08.07.2004 1. SHUT OUT CARGO :- The Cargo for which LEO is given moves from CFS to port for loading on to the vessel after the same is stuffed in containers. In some cases the cargo could not be loaded on to the vessel through which it was supposed to be exported. These kind of cases are called shut out cargo for the purpose of Public Notice. There can be two kinds of shut out cargo:- (i) Complete Cargo :- The entire cargo covered by a shipping bill could not be loaded on to the destined vessel. (ii) Partial Cargo :- Part of the cargo covered by a shipping bill could be loaded on to the destined vessel but part of cargo was left over on the port area for some specified reasons. The attention of Exporters/ CHAs /Shipping Agents is hereby drawn to the procedure prescribed in para No. 14 15 of Public Notice No. 39/97 dated 12.11.97 in this regard. In partial modification to the procedure mentioned in para No. 14 15 of Public Notice No. 39/97, dated 12.11.97, the following procedure is given as clarification to the Trade. (A) Complete Cargo :- In cases where, the entire cargo covered by a shipping bill could not be loaded on to the destined vessel the Exporters/ CHAs /Shipping Agents are directed to follow procedure of vessel amendment as already mentioned in para No.15 of Public Notice No. 39/97, dated 12.11.97 which is reiterated below - The Superintendent in the port area shall do manual endorsement on the shipping bill about change of vessel name. The shipping agent shall hand over the shipping bill and other documents to Exporter/CHA to carry out the amendment in shipping bill. The Exporter/CHA shall approach the Superintendent (Stuffing) of the concerned CFS for carrying out the amendment. This procedure shall be completed before feeding the vessel sailing date of the first destined vessel. (B) Partial Cargo :- In cases where, part of the cargo covered by a shipping bill could be loaded on to the destined vessel but part of cargo was left over on the port area for some specified reasons, the Exporters/ CHAs /Shipping Agents are directed to follow procedure of amendment of quantity of cargo by canceling LEO as already mentioned in para No.13 of Public Notice No. 39/97 dated 12.11.97. The shipping agent shall hand over the shipping bill and other documents to Exporter/CHA to carry out the amendment in shipping bill. The Exporter/CHA shall approach the Assistant/Deputy Commissioner of the concerned CFS for cancellation of LEO and then to carry out the amendment as per the following procedure already prescribed in para 13 of Public Notice No. 39/97, dated 12.11.97 :- Amendments : Any correction / amendments in the checklist generated after the submission of declaration can be made at the service centre provided the documents have not yet been submitted in the system and the shipping bill number has not been generated. Where corrections are required to be made after the shipping bill No. or after the goods have been brought into the Export Shed, amendments will be carried out in the following manners. i) If the goods have not yet been allowed 'let export', amendments may be permitted by the Assistant Commissioner (Export) ii) Where the 'let export' order has already been given, amendments may be permitted only by the Deputy Commissioner (Export), Jawaharlal Nehru Custom House, Sheva (presently, Joint/Addl. Commissioner of Customs, in-charge of respective CFS) In both the cases, after the permission for amendments has been granted, the Assistant Commissioner (Export) will approve the amendments on the system on behalf of the Deputy Commissioner(presently Joint/Addl. Commissioner of Customs in-charge of respective CFS). Where the print out of the shipping bill has already been generated, the exporter will first surrender all copies of the shipping bill to the shed appraiser for cancellation before amendment is approved on the system. This procedure shall be completed before feeding the vessel sailing date of the first destined vessel. For the part of the cargo that is left over on the port, the CHA/Exporter shall file fresh shipping bill and ensure the cargo is exported through the next vessel planned to be exported. 2. BACK TO TOWN :- After shipping bill is filed the cargo is examined/inspected and then LEO is given. After the LEO the cargo is stuffed into the container and the Supdt. feeds the stuffing report into the ICES system. In some cases the Exporter/CHA wants to take back the cargo back to town. These kind of cases are called back to town for the purpose of Public Notice. There can be two kinds of cases of back to town:- (A) From CFS to Town :- The Exporter/CHA wants to take back the cargo back to town from CFS either before LEO is given or after LEO is given. (B) From port to CFS to town :- The cargo has reached from CFS to port for loading on to vessel. At this stage, the Exporter/CHA wants to take the cargo back to town from port through CFS to town. The attention of Exporters/ CHAs /Shipping Agents is hereby drawn to the procedure prescribed in para No. 14 15 of Public Notice No. 39/97 dated 12.11.97 in this regard. In partial modification to the procedure mentioned in para No. 14 15 of Public Notice No. 39/97, dated 12.11.97, the following procedure is given as clarification to the Trade. (A) From CFS to Town :- The CHA/Exporter may request for back to town either before LEO is given or after LEO is given. For the cases where the request has come before LEO is given the AC/Exports may permit the request on paper and mark the shipping bill for examination. After examination report is given and if it is as per the declared cargo of shipping bill then the AC/Exports may use the option of cancellation of shipping bill on his menu in ICES. For the cases where the request has come after LEO is given the AC/Exports may permit the request on paper and mark the shipping bill for examination. After examination report is given and if it is as per the declared cargo of shipping bill then the AC/Export may cancel LEO as per the procedure mentioned in para No. 13 of Public Notice No. 39/97 dated 12.11.97 enumerated in para 1B above. After canceling LEO, then the AC/Exports may use the option of cancellation of shipping bill on his menu in ICES. In case of back to town of part of cargo, quantity shall be amended similar to the case of short shipment and the Shipping Bill shall not be cancelled. (B) From Port to CFS to town :- The entire cargo covered by a shipping bill could not be loaded on to the destined vessel and the CHA/Exporter request for back to town. The Superintendent in the port area shall do the manual endorsement on the shipping bill about the request for back to town. The shipping agent shall hand over the shipping bill and other documents to Exporter/CHA to process the request for back to town. The cargo shall move from port to CFS. The Exporter/CHA shall approach the Assistant/Deputy Commissioner of the concerned CFS for cancellation of LEO. The AC/Exports may permit the request on paper and mark the shipping bill for examination. After examination report is given and if it is as per the declared cargo of shipping bill then the AC/Export may cancel the LEO as per to the procedure mentioned in para No. 13 of Public Notice No. 39/97, dated 12.11.97. After canceling LEO, then the AC/Exports may use first the option of shut out cargo on his menu in ICES and then shall use the option of cancellation of shipping bill on his menu in ICES. Any difficulties faced by trade in implementation of this Public Notice may be brought to the knowledge of jurisdictional (CFS wise) Joint Commissioner of Customs (Export). Trade may also approach ICES Exports help desk at CWC D' node for EDI related problems. Sd/- (R. SHARMA) COMMISSIONER OF CUSTOMS (IMPORT) ATTESTED BY (S. K. RAHMAN) JOINT COMMISSIONER OF CUSTOMS