Customs - Facility of Direct Port Delivery to the importers operating through Ports under the jurisdiction Customs Commissionerate (Preventive), Vijayawada - Customs - PUBLIC NOTICE No. 33/2018-Customs

OFFICE OF THE COMMISSIONER OF CUSTOMS (PREVENTNIVE) 55-17-3, C-14, 2nd Floor, Industrial Estate, Autonagar, Vijayawada - 520007 Phone: 0866-2551261 Fax: 0866-2551156 C. No. VIII/09/05/2018-Cus.Tech Date: 15.06.2018 PUBLIC NOTICE No. 33/2018-Customs Subject: - Customs - Facility of Direct Port Delivery to the importers operating through Ports under the jurisdiction Customs Commissionerate (Preventive), Vijayawada - Regarding. It is notified for the information of all the Importers, Exporters, Customs Brokers, Steamer Agents Custodians/Customs Cargo Service Providers, Trade Associations / Chamber of Commerce, Members of the RAC / PGC / CCFC that Direct Port Delivery (herein after referred to as DPD) for imported cargo will be permitted to the importers operating through Ports of this Commissionerate. FULL FLEGED IMPLEMENTATION OF DIRECT PORT DELIVERY: 2.1 In the backdrop of Government of India ratifying the Trade Facilitation Agreement (TFA) of World Trade Organisation (VSTO), the CBIC has taken many initiatives towards Trade Facilitation and the idea of DPD is one among them. DPD is a facility for expedited clearance of goods directly from the port to the factory / business premises of the importer, thereby reducing the transaction time and cost considerably. The following are the direct benefits to the importers from the DPD facility : 1. The prompt and timely delivery by the port terminals will reduce the inventory cost. 2. Saving transportation charges from posrt terminal to CFSs / Customs Bonded Warehouses. 3. Savings handling and storage charges at warehouse / CFSs 4. Saving of container detention charges payable to Shipping Lines. 5. Delivery of DPD containers (including granting OOC) at port is on 24 X 7 basis 2.2 In the era of ease of doing business and in view of the fact that most of the Bills are facilitated by RMS, it has been decided to extend the DPD facility to all the importers who are operating through ports of this Commissionerate. In other words, DPD facility is extended to all categories of importers, subject to the following conditions. CONDITIONS FOR AVAILING DPD FACILITY: 3. The facility of DPD is available to all importers including AEOs, subject to the adherence to the following conditions : a. In respect of other than AEO importers, DPD facility is available to the facilitated Bills of Entry only where no assessment and no examination are prescribed. b. In respect of AEO importers, DPD facility is available to all Bills of Entry including non-facilitated Bills of Entry subject to the conditions / procedure as laid down in this Public Notice. c. DPD facility is available to Full Cargo Load (FCL) containers only d. DPD containers should be taken delivery within 72 hours from the arrival of such containers in the terminal, after completion of all mandatory requirements such as payment of applicable duties and other dues to the respective stack holders i.e. Port Terminal Operators in advance. ROLE OF IMPORTERS, CUSTOMS BROKERS, SHIPPING LINES / THEIR AGENTS AND TERMINAL OPERATORS : 4.1 All the importers including AEOs, who desire to avail DPD facility shall intimate their willingness to the Additional / Joint Commissioner of Customs of the Custom House in the prescribed format (Annexure - A) attached herewith. They are required to submit a copy of the same to the Commissioner of Customs (Preventive), Vijayawada by email to [email protected] and sup.comp.cpc- [email protected] . The list of importers availing DPD facility shall be uploaded in the department Website : www.apcustoms.gov.in . The department website shall be updated time and again whenever a new importer opts for DPD facility. Therefore Shipping Lines / their agents are required to regularly monitor the department website to take note of DPD importers and all the containers in respect of those importers are DPD containers by default. Hence, while filing IGM, the CFS code shall be left blank by the Shipping Lines / their agents. The blank CFS code signifies that the said containers are DPD containers. These DPD Containers shall be stacked separately by the Port Terminal Operators. To ensure expeditious delivery of DPD containers, the Terminal Operators shall stack DPD containers separately as per IGM. 4.2 The importers availing the DPD facility are required to act swiftly in a time bound manner. In order to avail the DPD facility, the importer will have to file advance Bill of Entry, pay the Customs duties and other charges and be in readiness to take delivery of the containers immediately on arrival of the vessel. The Shipping Lines / their agents shall ensure the issuance of an advanced e-DO so that importer takes delivery of the cargo on its arrival at the terminal. 4.3 For smooth functioning of DPD facility and to avoid congestion at the Port terminals, it has been decided that all the DPD containers should be taken delivery within 72 hours upon their arrival in the port terminal. If the importer fails to take delivery of DPD containers within the prescribed time duration, then those containers shall be moved to the designated CFS i.e. M/S Seabird (Distriparks) CFS (M/S Seabird) and clearance will be effected from the designated CFS as per normal procedure. In case the importer desires to move their containers to any other CFS of their choice, the same shall be informed to the Shipping Lines / their Agents. Based on the intimation received from the importer the Shipping Lines / their agents shall file an application for amendment of the CFS code in the IGM filed by them. After the IGM is amended, the containers can be moved to the CFS of importer's choice. 4.4 In case, the Bill of Entry is not facilitated, the importer / their CHA shall intimate the Bill of Entry Number and date, Bill of Lading Number, the container numbers and the CFS of importer's choice to the Shipping Line / their agents and the Terminal Operator within 72 hours of the arrival of the vessel so that those containers shall be moved to the CFS accordingly after amendment of the IGM. If the importer fails to intimate the CFS of their choice within 72 hours, the containers will be moved to the designated CFS. 4.5 The procedure for amending IGM for moving containers from Port Terminals to the designated CFS / CFS of importer's choice in respect of non- facilitated Bills of Entry is detailed below:- The Shipping Liner / Shipping Agent shall prepare the prescribed IG-4 form stating the reason for amendment of IGM as Amendment of CFS code in IGM on account of non-facilitation of Bills of Entry in terms of Public Notice No. 33/2018-Customs dated 15-06-2018 and straightway submit the said form to the service centres without the approval of Customs Officer. The service centre on seeing the above reason shall initiate the amendment process without insisting for the approval of Customs Officer. Subsequently the proper officer of Customs shall approve the amendment in system. Since this is a system based approval, separate file movement shall not be insisted upon. The amendments requested in this regard have to be carried out by the service centre / the proper officer on the same day itself without any delay and without assigning any reason. No fees shall be chargeable on account of the said amendment and no penalty shall be imposed on the Shipping Liner / their agent for making the said amendment in the IGM. 4.7 In respect of damaged containers or those with tampered seals / mis- match of seals the same shall be moved to Scanning and the remaining containers covered by the Bill of Entry shall be stored in the terminals. Upon certified as 'OK' by the scanning officers in the EIR copy. OOC shall be granted by the Superintendent, Docks Examination for all containers including the scanned containers. If the containers are found to be suspicious on scanning, then the same shall be brought to the designated CFS / CFS of importer's choice for thorough examination. The remaining containers still remain in the port terminal. On examination, if the cargo is found to be in order, in accordance with the import documents, then the same shall be endorsed in the check list / EIR copy by the Shed Officers and accordingly OOC shall be granted by the Superintendent, Docks Examination to all containers including the containers examined in the CFS. If the containers are found otherwise during examination, then the remaining containers shall be moved from the port terminals to the said CFS for examination and appropriate action. REGISTRATION OF BILL OF ENTRY AND GRANT OF OOC: 5. For facilitated Bills of Entry, the importer / Customs Broker shall produce / submit the requisite documents (same as being submitted presently before officers giving Out of Charge in various CFSs) before the Superintendent, Docks Examination. The Superintendent shall register the Bill of Entry, scrutinize the documents and after being satisfied on the correctness of payment of Customs duties, compliance of CCR instructions etc., shall give Out of Charge with a condition that verification of the Container Number and Seal Number shall be carried out by Preventive Officers posted at the Port Terminals. The Out of Charge copy of the Bill of Entry shall be signed by the Superintendent, Docks Examination with his Name and Seal and the same shall be handed over to the importer / Customs Broker. Since the DPD containers have to be taken delivery within 72 hours from the arrival of containers, the importers are advised to file the advance Bill of Entry or file Regular Bill of Entry immediately on arrival of vessel so as to complete the clearance formalities in time. CONTAINERS OF THE AEO IMPORTERS SELECTED FOR EXAMIANTION : 6. AEO importers whose Bills of Entry were not facilitated by the RMS can also avail the DPD facility (in addition to availing DPD facility in respect of facilitated Bill of Entry). In respect of non-facilitated Bills of Entry of AEO importers, the containers selected for examination shall be moved to the CFS of their choice and the remaining containers covered by the Bill of Entry shall be stored in the terminals. On examination, if the cargo is found to be in order, in accordance with the import documents, OOC shall be granted by the Superintendent, Docks Examination to all containers including the containers examined in the CFS. If the containers are found otherwise during examination, then the remaining containers shall be moved from the port terminals to the said CFS for examination and appropriate action. SCANNING OF DPI) CONTAINERS : 7. In a scenario, where some containers from a lot, in a particular Bill of Entry are selected for scanning, then those selected containers alone shall be moved to Container Scanning Division leaving the other containers at the Port terminal. Upon certified as 'OK' by the scanning officers in the EIR copy, OOC shall be granted by the Superintendent, Docks Examination for all containers including the scanned containers. If the containers are found to be suspicious on scanning, then the same shall be brought to the designated CFS / CFS of importer's choice for thorough examination. The other containers shall remain in the port terminals only. On examination, if the cargo is found to be in order, in accordance with the import documents, then the same shall be endorsed in the check list / EIR copy by the Shed Officers and accordingly OOC shall be granted by the Superintendent, Docks Examination to all containers including the containers examined in the CFS. If the containers are found otherwise during examination, then the remaining containers shall be moved from the port terminals to the said CFS for examination and appropriate action. PROCEDURE FOR RMS BILL WITH PGA INTERFACE: 8. On filing of Bill of Entry the Customs Broker or the importer gets to know about the requirement PGA NOC / clearance and therefore he has to keep ready an application in advance with necessary documents to be submitted to the concerned PGA for obtaining their NOC / clearance. As soon as the containers are unloaded in the terminals, the importer / Customs Broker shall approach the PGA with all requisite documents and ensure that the NOC / PGA clearance are received at the earliest possible time to take delivery of DPD containers within the prescribed time limit. For any sampling requirement by PGA, it shall also be conducted at the Port terminals under Customs supervision. 24 X 7 OOC FOR DPD CONTAINERS : 9. The DPD containers shall be given OOC by Superintendent, Docks Examination on 24 X 7 basis. 10. Action to be taken in terms of the decisions taken in this Public Notice should be considered as Standing Order for the purpose of officers and staff. 11. Difficulties, if any, in implementation of this Public Notice may be brought to the notice of the Commissioner of Customs (Preventive), Vijayawada. (SUDHA KOKA) COMMISSIONER