Introduction of facility of examination of DPD containers at port terminal - Customs - PUBLIC NOTICE NO. 44/2019

OFFICE OF THE COMMISSIONER OF CUSTOMS (NS-III), DPD CELL, JAWAHARLAL NEHRU CUSTOM HOUSE, NHAVA SHEVA, TAL:- URAN, DIST : RAIGAD. PIN 400 707. F. No. S/22-Gen-09/2018-19/DPD Cell/JNCH Date: 16.05.2019 PUBLIC NOTICE NO. 44/2019 Subject: - Introduction of facility of examination of DPD containers at port terminal reg. Attention of the Importers, Exporters, Customs Brokers, Trade, Port Terminal Operators, Shipping Lines / Shipping Agents, CFSs and other stakeholders operating in the jurisdiction of JNCH, Nhava Sheva is invited to the Customs Cargo Service Provider (CCSP) Notification No. 04/2017 dated 25.05.2017, 12/2017 dated 29.09.2017 and 16/2017 dated 29.11.2017, 09/2018 dated 04.07.2018, 10/2018 dated 04.07.2018, Facility Notice No. 63/2008 dated 01.09.2008, Public Notice No 66/2008, dated 11.09.2008, Public Notice No 71/2008, dated 24.09.2009, Public Notice No.161/2016 dated 28.11.2016 and various other decisions communicated through other Public Notices or minutes of PTFCs issued from time to time regarding DPD, other trade facilitation and ease of doing business measures / steps taken at JNCH. 2. Vide CCSP Notification No. 04/2017 dated 25.05.2017, 12/2017 dated 29.09.2017 and 16/2017 dated 29.11.2017, 09/2018 dated 04.07.2018 and 10/2018 dated 04.07.2018, the area operated by M/s. Bharat Mumbai Container Terminal Pvt. Ltd. (BMCT) was declared as Customs Area and BMCT was appointed as the Custodian of the imported goods received in and exported goods brought into the notified area and for handling of such goods. 3. M/s. Bharat Mumbai Container Terminals Pvt. Ltd. (BMCT) has expressed their willingness to provide space for examination within their Port Terminal area as well as other infrastructure/logistics to facilitate drawal of samples or examination of goods imported by DPD importers, where required, to be conducted as per provisions of Customs Act, 1962. 4. In most cases, examination is not required in Bs/E of DPD clients which are RMS facilitated for examination. However, in some cases where examination is required viz. scan suspicious marked containers, seal tampered containers, containers held by investigative agencies, etc., JNCH is of the view that provision of proper examination facility inside Terminal will significantly reduce import dwell time and cost of DPD importers and will also expedite and facilitate import clearances significantly. Therefore, it has been decided that in the interest of trade, to further provide ease of doing business and to cut down the dwell time and cost of clearance, the request of M/s. Bharat Mumbai Container Terminals for examination of containers of DPD importers which are facilitated for examination is accepted subject to condition that: i) Examination area should be separate and clearly demarcated from rest of the Terminal Area / Yard. ii) Adequate office infrastructure needs (including EDI connectivity, systems etc.) to be provided. iii) All required logistics, equipments required to facilitate examination should be made available (as normally available in CFSs); iv) Terminal Operator should follow and comply with all the conditions of custodian as per Handling of Cargo in Customs Area Regulations, 2009, as amended. 5. The procedure to be followed for examination of containers at BMCT is given below: i) Customs Broker should file advance / prior Bill of Entry and upon import, such container would be stacked in the import yard. ii) In case of need for either Open Examination or Sampling Order , the Customs Broker will approach the BMCT document desk (Contact Details: 022 27248138 / 27248139) in advance for grounding of such container(s). iii) Upon such request and subject to importer agreeing to comply with conditions of payment of such charges as fixed by BMCT, Terminal Operator will shift such container(s) from yard to the area demarcated for examination / sampling. iv) It will be responsibility of Terminal Operator to arrange a person to facilitate seal cutting in the presence of Customs Officer and Customs Broker (CB) so as to open the container for examination or drawal of samples, as the case may be. v) Forklift and other equipment s / resources required to facilitate examination will be arranged and provided by Terminal Operator (BMCT). vi) After examination, the container(s) will be moved back to the yard. The CB / importer can then take the delivery of the container(s) from BMCT only after Out of Charge (OOC) from Customs and Delivery Order from shipping lines / agents is obtained. However, BMCT may allow direct delivery of container(s) from examination area in respect of container(s) examined and found to be as declared, provided importer / Customs broker has also obtained Customs Out of Charge (OOC), delivery order from shipping lines and complied with other requirements. vii) It is also clarified that after operationalization of Container Scanner being installed at BMCT, same procedure would be required to be followed if there is requirement for examination after scanning. vii) Importers / Customs Brokers and other stake holders are informed that the facility for examination of DPD container will be available at BMCT from 20/05/2019. Officers [DC / AC, Appraiser / Superintendent / Examiner] would be separately assigned work of examination within the terminal by issue of office order. -SD/- (R.K. MISHRA) Commissioner of Customs (NS-III)