Visakhapatnam Custom House - Extension of facility of Direct Port Delivery to AEO clients - Customs - PUBLIC NOTICE NV. 8/ 2018

OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS CUSTOM HOUSE: PORT AREA: VISAKHAPATNAM 530035 F. No. P3/06/2017 - A.M. (Pt.l) Date: 16.02.2018 PUBLIC NOTICE NV. 8/ 2018 (Addendum to Public Notice No. 1/2018) Sub:- Visakhapatnam Custom House - Extension of facility of Direct Port Delivery to AEO clients - reg. Attention of Importers, Exporters and other Trading Public is invited to this office Public Notice NC 1/2018, dated 201b on the above subject. 2. It has been represented by the trade that the scope of DPD facility be extended in the following instances where containers covered by a particular Bill of Entry are not required to be opened and only the seals of some selected containers are required to be broken for the purpose of examination/ PGAs / NOC, etc.. i.e. In respect of those (i) Non-facilitated BES that warrant examination, and (ii) Consignments requiring NOCs from Participating Government Agencies (PGAs). 3.1 In order to strike a balance between trade facilitation, safety and security, it has been decided that the DPD importers can take delivery of the containers which are not selected or breaking of seals for the purpose of examination// PCAs / NOC/drawal of samples, etc., and store the same at their factory premises on execution of a No Use Bond as given in the Annexure to this Notice. 3.2 Accordingly: containers selected for examination / PGAs / NOC for category DPD importers shall be moved to any of the CFSs while the other containers can be moved to importers premises an execution of a NO Use Bond! If the containers selected on examination are found to be clean then the importer is at liberty to destuff the containers at their factory premises. in case of discrepancy being noticed during examination, the importer Shall present the remaining containers for examination, at the approved place of storage of the containers. 3.3 For goods wherein provisional NOC is granted by FSSAI, such containers shah continue to be cleared as is being cleared now. 3.4 In all cases of containers involving testing of goods which do not pass the test parameters of the PGAs shall be subject to penal provisions as given in the relevant Act, Rules and Procedures In this regard 3.5 The procedure for sampling is laid down in para 5 below 4. Procedure for RMS Bills of Entry having PGA interface: 4.1 Advance filing with PGAs- The importer / Customs Broker on filing Advance / Prior Bili of Entry get to know the PGA to which the BE has been referred to, Immediately the importer / Customs Broker shah submit an advance application With necessary documents to PGAs sampling procedures at the terminal (in case of direct delivery from Port to factory) as soon as the containers are unloaded at terminals and ensure test report / NOC / Provisional NOC at the earliest possible time so as to ensure that delivery of containers to the importer is done within the stipulated time line. 4.2 if the BE of a DPD importer requires clearance from PGAs/referred to PGAs, the said importer can exercise his option for filing a Warehouse BE or Home Consumption BE depending on his convenience. (a) PGA clearance procedure through Warehouse BE The importer / Customs Broker shall file an advance Warehouse Bill of Entry, by furnishing a one-time Bond in the Bond Section The Warehouse BE shall then be registered in the DPD facilitation Wing to get OOC. Necessary mechanisms have been put in place so that at the time Of ex-bond clearance, such consignments are not cleared without NOCs from PGAs_ The importer may also avail the facility of clearance of goods from warehouse to their premises under No Use Bond without waiting for PGA NOC. (b) PGA clearance procedure though Home Consumption BE The DPD importer can file an advance Home Consumption Bill of Entry and clear the containers directly to the factory from the port or to the preferred CFS for storage. PGA sampling shall be done at the terminal if the importer wants to move the containers to factory or to the preferred CFS as the case may be under No Use Bond . In cases of consignments, where mere documents are scrutinized for grant of NOC (like the majority of cases in ADC) such BES may be cleared in Home Consumption mode as per the existing procedures and ADC shall furnish a report on the same day of furnishing of documents by the stakeholders. 5. Sampling by PGAs For the Warehouse BE, sampling can be done at the Terminal / Bonded Warehouse and sampling of goods for Home Consumption can be done at the Terminal / preferred CFS. After drawal of sample in the terminal the container will be resealed with Customs one-time bottle seal and will be moved to the CFS under the same seal under No use Bond'. 6, Procedure for NO USE BOND In order to streamline the procedure of execution and monitoring of No Use Bond executed by DPD importers, the following procedure is prescribed and should be followed - No Use Bond (which is an Undertaking given by the Importer for not breaking the container seal of the unopened containers / utilizing the goods, until they receive NOC from the respective PGA or Customs) shall be submitted to the concerned Group in the Custom House. No Use Bond can be executed under the following circumstances (i) Pending NOC from the PGAs (ii) Containers selected for examination The importer has the option to submit separate No Use Bond for each Bill of Entry or Continuity No Use Bond for recurring imports. The No Use Bond shall be akin to an undertaking whereby the importer undertakes not to use the goods pending receipt of positive test report / cause of action from the PGAs / Customs. The procedure for registration of No Use Bond shall be akin to the Undertaking that is being registered in the Groups. Marking of containers in the case of non-facilitated BES shall be done by the officers of DPD Wing. In the case of sampling by PGAs / Customs, sampling can be done at the Terminal. Till the receipt of the positive report of the said samples, the containers can either be moved to the importer's premises on execution of No Use Bond or to the CFS DPD area for storage. In case of discrepancy being noticed, the containers moved to the importer's premises under No Use Bond shall be examined by the officers in importer's premises and for DPD CFS containers, examination at the DPD CFS area shall be done and penal action will be initiated as per low. 7. Procedure for verification of Customs Out of Charge (OOC) (i) DPD Importer using own transport arrangement is as follows - The verification process and the functional responsibilities of various stakeholders in the case of DPD Importer using their own transport arrangement is as follows: Verification Responsibility Place / stage of verification Verification of OOC (i) Terminal Operator Before release of Container to Importer (ii) Customs By the Customs officer posted inside the Terminal before the exit of Container from Port Terminal. Verification of Delivery Order Terminal Operator Before release of Container to Importer. Verification of Container No and Seal No. Customs By the Customs officer posted inside the Terminal before the exit of Container from Port Terminal. (ii) DPD Importer using CFS logistics and routing their containers through CFS DPO Area It is the responsibility of the concerned CFS to ensure that the Customs Out of Charge (OOC) has been obtained before the container leaves the Port Terminal and enters the CFS DPD area. The Officer at the CFS Gate will verify the compliance (OOC obtained before the container leaves the Pod Terminal and eaters the CFS). The verification process and the functional responsibilities of various stake holders in this mode are given below, Verification Responsibility Place / stage of verification Verification of OOC (i) CFS Before release of Container to Importer (ii) Customs At the time of entry of container in CFS as well as at the time of exit from CFS DPD Area. Verification of Delivery Order CFS Before release of Container to Importer. Verification of Container No and Seal No. Customs At the time of entry of container in CFS as well as at the time of exit from CFS DPO Area. (iii) DPD importer opting DPD to their premises by using the CFS logistics - The verification process and the functional responsibilities of various stakeholders in this mode is as follows: Verification Responsibility Place / stage of verification Verification of OOC (i) CFS Before release of Container to Importer (ii) Customs By the Customs officer posted inside the Terminal before the exit of Container from Port Terminal. Verification of Delivery Order CFS Before release of Container to Importer. Verification of Container No and Seal No. Customs By the Customs officer posted inside the Terminal before the exit of Container from Port Terminal. 8. Containers held I detained by investigating agencies In cases where OOC is given for RMS Bills of Entry and it is subsequently noticed that the said BE or any of the containers covered by the said BE are under hold/detained by investigating agencies like DRI, RI I, SIEB etc. prior to delivery from the Terminal Gate, then the said BE should be taken to the AC, DPD Wing by the concerned Customs Broker / Importer for cancellation of the Out of Charge and further examination of goods in the off- dock CFS as per procedure. DPD Wing will approve the transfer of those containers to an off-dock CFS nominated by the importer. 9. Examination based on interdiction of RMS Bills of Entry Sometimes consignments are selected for examination either on random basis or based on intelligence. The number and percentage of such containers will be decided by the Additional Commissioner in charge of DPD Wing. The report of such containers selected for examination and results of such examination will be submitted by the Additional Commissioner of DPD Wing to the undersigned. 10. Monthly reports on DPD (i) The Terminal Operator shall submit a monthly report with details Of DPD to the Additional Commissioner giving details in the prescribed format set out in this Office Public Notice No 1/2018, dated 11 01 2018. (ii) The Importer availing facility of DPD shall submit a monthly report in the prescribed format se out in this office Public Notice No. 1/201 8, dated 11.012018 11. Difficulties if any may be brought to the notice of the undersigned. (Dr. D. K. SRlNlVAS) COMMISSIONER OF CUSTOMS)