Discontinuation of High Seas Sale Registration Procedure at Import Noting Section of New Customs House, Mumbai - Customs - PUBLIC NOTICE NO. 121/2017

OFFICE OF THE PR. COMMISSIONER (GEN.) OF CUSTOMS MUMBAI ZONE-I, 2nd FLOOR, NEW CUSTOM HOUSE, BALLARD ESTATE, F. No. S/26-Misc-32/2016-17 A(G) Date: 10.10.2017 PUBLIC NOTICE NO. 121/2017 Subject: Discontinuation of High Seas Sale Registration Procedure at Import Noting Section of New Customs House, Mumbai Reg. Attention of the Importers, Exporters, General Trade, Port Terminal Operator, Shipping Lines / Shipping Agents coming under the jurisdiction of NCH, Mumbai and all other stakeholders is invited to the issue regarding request for discontinuation of High Seas Sale Registration at Import Noting Section, NCH, Mumbai . 2. In terms of para 2.24 of the Foreign Trade Policy (2004-2009) [para 2.38 of the Foreign Trade Policy (2015-2020)], sale of goods on high seas for importation into India is permitted subject to the said policy or any other law for the time being in the force. Vide Facility Notice No. 05/2016 dated 11.11.2016, following essential documents for registration of High Seas Sale contract/transaction were prescribed viz. a) High Seas Sales contract signed by both the buyer and seller and duly notarized. In the cases where the HSS contract is not notarized, the same is required to be attested by the authorized signatory of Bankers. The date of Contract/Notarization/Attestation by the bankers should be not later than the date of the IGM; b) Non-negotiable copy of Bill of Lading in original. If same is not available, then a photocopy of such Bill of Lading (duly authenticated by Shipping Line/Steamer Agent/Custom Broker); c) High Seas Sale Invoice and Commercial Invoice in original or a duly attested copy thereof; d) Authority letter for Customs Broker (CB) from High Seas Sales buyer in original (if CB is appointed) or application from High Seas Sale buyer, addressed to the Deputy/Assistant Commissioner of Customs, Import Noting, New Customs House, Ballard Estate, Mumbai. e) IEC copies of both the buyer and the seller; 3. The issue has been re-visited in light of representations received from trade seeking discontinuation of mandatory registration of HSS agreement in Import Noting Section on the ground that the said registration process does not serve any useful purpose as all the aforesaid documents are also required to be submitted before concerned Assessment Groups / Import Docks. 4. In order to reduce transaction time cost, prevent overlap/duplication of functions and further ease the business process, it has been decided to prescribe the following revised procedure for registration of High Sea Sale Agreement: i. Bill of Entry / Integrated declaration filed by the Customs Broker / Importer should contain correct and complete details of the High Seas Sale Buyer Seller along with High Sea Sale Commission . ii. Aforesaid documents as prescribed in Facility Notice No. 05/2016 dated 11.11.2016 should be necessarily presented along with other shipment documents (mentioned in para 2 above) before Proper Officer (Assessment Group / Import Docks officer) along with the proof of payment of prescribed Fees, wherever applicable.( PN No. 63/2017 dated 31.05.2017) iii. Assistant/Deputy Commissioner of Customs during verification of self- assessment of Bill of Entry / Integrated declaration and during Out of charge (in case of RMS facilitated Bill of Entry / Integrated declaration ) will check (besides all other checks normally checked / verified) the correctness of the details / particulars regarding High Seas Sale as mentioned in the Bill of Entry viz. correctness of calculation of High Seas Sale Commission, duly Notarized Agreement between Buyer Seller, Letter of Confirmation of Purchase Sale from Buyer Seller, Copy of Invoice, Date of High Seas Sale, endorsement on the Bill of Lading copy and any other relevant documents. iv. Where more than one HSS agreement were executed, authorized Customs Broker will provide details of all these HSS along with relevant documents before Proper Officer. v. Henceforth, there would not be any requirement for prior registration of HSS in the Import Noting Section as all such checks would be conducted by proper officer either during verification of assessment or before giving Out of Charge (OOC) in the manner as prescribed above. 5. Aforesaid procedure will come into force with effect from 25th September, 2017. Difficulties, if any, in this regard may be brought to the notice of the Additional / Joint Commissioner, Appraising Main (Import). Sd/- (S. K. DAS) Pr. Commissioner of Customs (Gen.)