Procedure for amendment/ conversion of free shipping bills to Export Promotion shipping bills and amendment/ conversion of shipping bills from one scheme to another scheme - Customs - PUBLIC NOTICE NO. 02/2017-18

OFFICE OF THE COMMISSIONER OF CUSTOMS GST BHAVAN, 41/A, SASSON ROAD, PUNE-411001 F. No. VIII/Cus/Tech/PN SI/48-47/2016 Pune Dated: 12.01.2018 PUBLIC NOTICE NO. 02/2017-18 Sub: Procedure for amendment/ conversion of free shipping bills to Export Promotion shipping bills and amendment/ conversion of shipping bills from one scheme to another scheme- Reg. Attention of all the importers, exporters, Customs Brokers, and other stake holders is invited to the Notification No. 35/2017 -Customs (N.T.), dated 11.04.2017 and Board Circular No. 36/2010-Customs, dated 23.09.2010 on the subject 'Procedure for post shipment amendment/ conversion of free shipping bills to export promotion shipping bills and amendment/ conversion of shipping bills from one scheme to another scheme'. 2. In this regard, it has been decided that all requests for amendments in the shipping bills are divided into two categories:- A. Amendment [conversion in the shipping bill before allowing Let Export Order (LEO). B, Amendment/ conversion in the shipping bill after allowing Let Export Order (LEO), i.e., Post Shipment Amendment. 3. Amendment/ Conversion in the shipping bill before allowing Let Export Order (LEO) (Consignment routed through Port/ICD/Air Cargo Complex):- Any request for amendment in the shipping bill (before LEO) shall be processed by the Inspector posted in the concerned Port/ICD/Air Cargo Complex. He is required to scrutinize the documents in the light of the provisions of Section 149 of the Customs Act, 1962. He may require additional documents from the exporter/CB. After completing verification, he shall put up the file to the concerned Appraising Officer/ Supdt. for approval. On being satisfied and found in accordance with provisions of Section 149 of the Customs Act, the Appraising Officer/ Supdt. may allow such amendment. If it is noticed that request for amendment was with intention to evade FTP or any other prohibition / restriction, such cases should be immediately referred to ADC/JC, SIIB. 4. Amendment/Conversion in the shipping bill after allowing Let Export Order(LEO), i.e. Post Shipment Amendments(Consignment routed through Port/ICD/Air Cargo Complex):- Any request for post shipment amendments in the shipping bills shall be processed at the concerned Port/ ICD/Air Cargo Complex in the following manner:- 4.1 The Customs Broker/ exporter is required to submit his request/ application for post-shipment amendment along with all supporting (self-certified) documents to the TA / STA / concerned Officer posted in the concerned Port/ICD/ Air Cargo Complex. According to proviso to Section 149 of Customs Act no amendment of a shipping bill shall be so authorised to be amended after the export goods have been exported, except on the basis of documentary evidence which was in existence at the time the goods were exported. Therefore, Customs Broker/ exporter should keep in mind the aforesaid mandatory requirement, while submitting aforesaid application. 4.2 The TA / STA / concerned Officer shall give a separate file number to each case and he shall put up the file to Appraising Officer/ Supdt., posted in respective Port/ ICD/ Air Cargo Complex for scrutiny of documents. The concerned Appraising Officer/ Supdt, of concerned Port/ICD/ Air Cargo Complex shall examine the documents and in case any deficiency/ discrepancy is observed, he shall issue a deficiency memo to the Exporter/ Customs Broker within 7 working days, providing the full details of deficiencies/ discrepancies, which have been observed during scrutiny of documents. 4.3 The Appraising Officer/ Supdt. of concerned Port/ICD/Air Cargo Complex shall scrutinize the correctness of the amendment, sought by the exporter, in the light of the Board Circular No. 36/2010-Customs dated 23.09.2010 and other instructions / circulars, if any. In case of suspicion about genuineness of any documents, the Appraising Officer/ Supdt. may call for the records for verification of the particulars which are sought to be amended. He shall put up the file to the Assistant/ Deputy Commissioner of the concerned Port/ICD/Air Cargo Complex, along with comments whether the conditions of section 149 of Customs Act, 1962 are fulfilled or not. 4.4 If conditions of section 149 of Customs Act, 1962 are fulfilled, the request may be allowed by the Assistant/ Deputy Commissioner of the concerned Port/ICD/ Air Cargo Complex. 5. The post-shipment amendments shall ordinarily be examined and disposed of within a period of 30 days from the date of receipt of the request from the CB / exporter. In case of delay beyond the stipulated period, the CB/ exporter may approach the JC / ADC concerned to resolve the matter. 6. Difficulty, if any, may be brought to the notice of Deputy / Assistant Commissioner in charge of the concerned Port/ ICD/ Air Cargo Complex through email / phones. 7. 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. (M. V. S. CHOUDARY) COMMISSIONER OF CUSTOMS, CUSTOMS, PUNE