Sub: Procedure in relation to delivery of DPD containers from port terminals of JNCH, Nhava Sheva to CFSs, if not cleared beyond prescribed 48 Hours period and under certain other circumstances, Designation of CFSs; reg. - Customs - 57/2018

OFFICE OF THE COMMISSIONER OF CUSTOMS (NS-III), MUMBAI ZONE-II, JAWAHARLAL NEHRU CUSTOM HOUSE, NHAVA SHEVA, TALUKA: URAN, DISTRICT: RAIGAD, MAHARASHTRA-400707. F. No. S/22-Gen-133/2017-18/AM (I)/JNCH Date: 10.04.2018 PUBLIC NOTICE NO. 57/2018 Sub: Procedure in relation to delivery of DPD containers from port terminals of JNCH, Nhava Sheva to CFSs, if not cleared beyond prescribed 48 Hours period and under certain other circumstances, Designation of CFSs; 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 the Public Notice No 161/2016, dated 28.11.2016, Public Notice No 08/2017 dated 16.01.2017, Public Notice No 16/2017 dated 09.02.2017, Public Notice No 43/2017 dated 31.03.2017, Public Notice No 110/2017, dated 29.08.2017 and subsequent Public Notices issued by Jawaharlal Nehru Customs House (JNCH) about various aspects / procedures relating to Direct Port Delivery. 2. In terms of aforesaid Public Notices, importers availing of DPD have been permitted a time limit of 48 hours (from the time of unloading) for clearing the containers from the port terminal of JNPT. In case an importer is unable to do so within the prescribed time limit of 48 hours the procedure prescribed in PN No. 161/2016 is required to be observed and the container is shifted to the designated CFS. Designation of CFSs for delivery of DPD containers from port terminals of JNCH, Nhava Sheva, if not cleared beyond prescribed 48 Hours period and under certain other circumstances was specified / clarified vide Public Notice No. 161/2016, dated 28.11.2016 and Public Notice No 08/2017 dated 16.01.2017. 2.1 The relevant paras of said Public Notice No. 161/2016, dated 28.11.2016 are reproduced below for the sake of easy reference: Para 4.8. In respect of DPD containers, importer has to arrange Container trailers and evacuate all the containers within 48 hours of landing in the Port Terminal. If Containers are not taken delivery within 48 hours of the landing, balance containers of that lot will be transferred by the port to the designated CFS at the cost of importer/ Shipping line and clearance will be affected from the CFS as per normal procedure. The designated CFS for subsequent clearance of DPD Containers has already been notified by the Commissioner of Customs (Import) JNCH vide Public Notice No 66/2008, dated 11.09.2008 and M/s. Speedy Multimode Ltd was designated as CFS for the said purpose. However, in case importer request for change of CFS, this may be considered by Additional / Joint Commissioner in-charge of RMS Facilitation Centre . In this regard request may be received by email and approval may also be communicated through email to ensure that there is no delay. Para 4.9. Damaged containers or those with tampered seals will not be allowed DPD. These containers will be transferred to the designated CFS or other CFSs for clearance under normal procedure as specified in this Public Notice. 2.2 The relevant paras of said Public Notice No 08/2017 dated 16.01.2017 are reproduced below for the sake of easy reference: Para 7. Consignments not cleared within 48 hours from port terminal in respect of DPD Clients (RMS Facilitated); In case, such containers are not cleared by the DPD importers within 48 hours, as specified in the above mentioned Public Notices, the terminals should transfer the same to the designated CFS i.e. M/s Speedy Multimode unless otherwise directed by Customs. 2.3 The relevant Paras of said Public Notice No 43/2017 dated 31.03.2017 are reproduced below for the sake of easy reference: Para 3(i): After filing of Bill of Entry, DPD Importer is aware that whether the consignment is facilitated or not. As soon as they come to know that Bill of entry filed by Importer in respect of any containers is not RMS Facilitated and requires examination or Containers are RMS Facilitated but requires examination at CFS due to CSD hold in terms of Public Notice No 06/2017, dated 12.01.2017, he has to engage intimate to one of the CFS (preferred / selected by him) for evacuation of containers covered by said Bill of Entry from Terminal at the earliest. He needs to co-ordinate and intimate to CFS, shipping line and Terminal operator so that CFS should be able to get the container moved from Terminal to CFS without any delay. 2.4 The Public Notice No 110/2017, dated 29.08.2017 provided that in certain unavoidable situations (such as, system issues, IGM not finalized within normal period etc.), where DPD importers are not able to complete clearance formalities within the prescribed time limit, they may request Additional /Joint Commissioner, DPD Cell for extension of said 48 hours time limit up to 72 hours. 3. There has been demand from CFS Association of India (CFSAI) and members from trade industry to review the current practice of shifting DPD containers that remain un-cleared for 48 hours to a single designated CFS and to allow all CFSs to handle / DPD containers in the circumstances as mentioned in the Public Notice No. 161/2016, dated 28.11.2016. 4. Considering the fact that there is increased compliance and steady growth in the volume and percentage of containers being cleared under DPD, it has been decided that Port Terminals in the following situations should henceforth transfer the container to any CFS as nominated by the shipping line instead of the designated CFS: i. Consignment is not cleared within 48 hours from port terminal in respect of DPD Clients (RMS Facilitated); ii. Damaged containers or those with tampered seals; In case of any confusion, Deputy / Assistant Commissioner in charge of DPD Cell, NS-III may be contacted for clarity. 4.1 However, in case the importer requests for change of CFS, this may be considered by Additional / Joint Commissioner in-charge of RMS Facilitatation Centre on case to case basis. In this regard request (along with reason for not clearing the goods within the prescribed 48 hours) should be sent through email and approval / rejection, as the case may be, also communicated through reply email to ensure that there is no delay [in the similar manner as prescribed vide Public Notice No 110/2017, dated 29.08.2017]. 4.2 Moreover, it shall be duty of shipping lines and the CFS concerned to inform the importer / Customs Broker about shifting of such DPD containers (as provided in Para 4 above), through e-mail address (as available in the intimation submitted to shipping lines) and also through SMS (in case the importer s mobile no. is available with them). 4.3 Additional time limit as provided vide Public Notice No. 110/2017, dated 29.08.2017 (available in certain unavoidable situations such as: system issues, IGM not finalized within normal period etc.) will continue to be available. Similarly, facility of moving containers to preferred CFS (in case of Non RMS consignment or CSD hold consignment) as provided vide Public Notice No 43/2017 dated 31.03.2017 will also continue to be available. 5. Details of such containers should be intimated by each Terminal Operator to Deputy / Assistant Commissioner in charge of DPD Cell, NS-III through email on daily basis (email address: [email protected]). Intimation should contain details such as Container No, Consignee, IEC NO (if available), shipping line, reason for not clearing within 48 hours (if intimated by Importer to Terminal Operator). 6. The revised procedure as mentioned in Para 4 above would be applicable from 20th April 2018. 7. In case of any difficulty, the specific issue may be brought to the notice of Additional Commissioner in charge of DPD Cell , NS-III (email address: [email protected]). 8. 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-III )