Procedure for obtaining Self Sealing Permission for Electronic Sealing of Containerized cargo at factory or warehouse premises - Customs - PUBLIC NOTICE No. 63/2017

OFFICE OF THE COMMISSIONER OF CUSTOMS, NEW CUSTOM HOUSE, KANDLA-370 210 F. No. S/20-59/PN/AG/CHK/2017-18 Dated: 21/12/2017 PUBLIC NOTICE No. 63/2017 Subject: Procedure for obtaining Self Sealing Permission for Electronic Sealing of Containerized cargo at factory or warehouse premises - reg. Attention of the Exporters, Custom Brokers and all concerned are invited to the Board Circular No. 41/2017 dated 30.10.2017 read with Board Circular No. 26/2017 dated 01.07.2016, 36/2017 dated 28.08.2017 and 37/2017 dated 27.09.2017. Attention is also invited to the Board Notification No. 99/2017 Customs (N.T.) dated 27.10.2017 read with Notification No. 82/2017 Customs (N.T.) dated 24.08.2017 pertaining with the jurisdiction of Principal Commissioner/ Commissioner of Customs. Vide Notification dated 27.10.2017, Board has extended the date to 1st January, 2018 for revised Jurisdiction to come in force. 2. The present practice of issuance of Self Sealing Permission to Exporters is followed as per Notification No. 19/2004 CX-(N.T.) dated 6th September 2004, Board's circular No.736/52/2003 CX dated 11.8.2003 and No.860/18/2007 CX dated 22.11.2007. In order to enhance facilitation to the Exporters and to avoid any confusion, it has been decided to issue a single consolidated Public Notice regarding procedure for grant of Self Sealing Permission (SSP) to the Exporters. This Public Notice shall supersede all earlier Public Notices issued in this regard by the Customs House, Kandla. 3. (i) Exporters who are having AEO status and already availing the self-sealing procedure will have to submit a self-attested copy of AEO registration and self-sealing permission and follow the RFID e-Sealing procedure. They are also to be registered with EDI Systems through Factory Stuffing Permission (FSP) Section of Customs House, Kandla. (ii) Exporter who have AEO status but have not been availing self- sealing facility would have to obtain one time permission for availing self-sealing facility by submitting the documents as prescribed in para 4 below (the list of documents are the same as the Exporters who earlier availing Factory Stuffing Permission). After obtaining self-sealing permission they have to register themselves with EDI Systems of Customs House, Kandla. 4. Exporters who were availing the factory/ warehouse stuffing permission under erstwhile Central Excise supervision would be entitled for self-sealing procedure and would have to follow the REID e-Sealing procedure and have to register with EDI Systems through FSP Section of Customs House, Kandla. They are required to submit the following documents. i. Request letter. ii Authority letter to their representative or to CB and CB to their representative. iii. Self-Certified Copy of Old FSP issued by Customs House, Kandla. iv. Self-certified copy of IDC, PAN, GSTN Registration No. v. Specimen Signature with photograph of authorized signatories duly attested by the Director/ Partner/ Proprietor. 5. Exporters who procured a self-sealing permission from the other ports/ Custom Stations ICDs and desire to export from Kandla Port are required to submit a self-attested copy of self-sealing permission which shall be registered with EDI Systems through FSP Section of Customs House, Kandla. 6. For new permission for stuffing of Container at factory premises or warehouse (applicable to cases where no permission for factory stuffing/ self- sealing etc. was given earlier) the following procedure shall be adopted:- (i) The Exporter shall inform the details of the premises whether factory or warehouse, or any other place where container stuffing is to be carried out, to the FSP Section of Customs House, Kandla. (ii) The exporter should be registered under the jurisdictional GST Commissionerate and should be filing GSTRI and GSTR2. Where exporter is not GST registrant, he shall bring the export goods to a Container Freight Station/ Inland Container Depot for stuffing and sealing of container. However, in certain situations, an exporter may follow the self-Sealing procedure even if he is not required to be registered under GST Laws. Such an exception is available to the Status Holders recognized by DGFT under a valid status holder certificate issued in this regard. (iii) Any exporter desirous of availing this procedure shall inform the FSP Section, Customs House, Kandla at least 15 days before the first planned movement of a consignment from the factory/ premises, about the intention to follow self-sealing procedure to export goods from the factory premises or warehouse. Since the reorganization of customs formations has been deferred to 1st January, 2018, for the time being the FSP Section of Customs House, Kandla will forward the application to the concerned GST authority in whose jurisdiction the premises is located. The GST Superintendent or Inspector shall inspect the premises with regard to viability of stuffing of container in the premises and submit a report through their JAC/ JDC to the Asstt. /Dy. Commissioner of Customs, FSP Section, Customs House, Kandla within 48 hours. The FSP Section shall put the report in this regard to the Asstt./Dy Commissioner of Customs who would grant the permission for self-sealing at the approved premises. Once the permission is granted, the exporter shall furnish only intimation to the jurisdictional GST authority each time self-sealing is carried out at the approved premises. The intimation, in this regard shall clearly mention the place and address of the approved premises, description of export goods and whether or not any incentive is being claimed. (iv) Where the visit report of the Superintendent or an Inspector of GST Authority regarding viability of the Stuffing/ Premises is not favorable, the exporter shall bring the goods to the Container Freight Station (CFS)/ Inland Container Depot/ Port for sealing purposes. 7. For the new permissions the following documents are required to be submitted by the Exporter:- i. Request letter. ii. Authority letter to their representative or to CB and CB to their representative. iii. Annexure 'B' (attached to this Public Notice) iv. Self-Certified copy of IDC, PAN GSTN Registration No. v. Specimen Signature with photograph of authorized signatories duly attested by the Director/ Partner/ Proprietor. 8. Self-Sealing permission once given by the Asstt./ Dy. Commissioner of Customs, FSP Section, Customs House, Kandla shall be valid for export at all the Customs stations. However, the Self Sealing Permission granted shall be validated in EDI Systems of respective Customs Ports/ ICDs by the exporters. 9 A single Self Sealing Permission (SSP) will be granted to the Exporter for stuffing at a particular premise; and the Exporter will have to apply separately for each additional stuffing premise, in case SSP is sought for stuffing at multiple premises supervised by authorized persons at each particular premise, respectively. 10. The aforementioned revised procedure detailed in this Public Notice is for Self Sealing Permission only for Electronic Sealing as approved by the Board vide Circular No. 26/ 2017-Cus dated 01.07.2017, 36/ 2017-Cus dated 28.08.2017, 37/ 2017-cus dated 20.09.2017 and 41/ 2017-cus dated 30.10.2017. 11. This Public Notice will be valid up to 31st December 2017. 12. The difficulties faced / experienced, if any, in this regard may be brought to the notice of the undersigned. 13. Wide publicity may be given to this Public Notice. All the Trade Associations, Chamber of Commerce and Industry and Customs House Agents Association are requested to publicize the contents of the Public Notice among their members / constituents for information. (Sanjay Kumar Agarwal), Commissioner, Custom House, Kandla.