Simplified procedure for the amendments in the Import General Manifest - Customs - FACILITY NOTICE NO. 73/2015

OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS (GENERAL) JAWAHARLAL NEHRU CUSTOM HOUSE, NHAVA SHEVA TALUKA URAN, DIST RAIGAD, MAHARASHTRA 400707 F. No. S/3-Gen-6931/2015 Import Noting Date 01.10.2015 FACILITY NOTICE NO. 73/2015 Sub.: Simplified procedure for the amendments in the Import General Manifest- reg. As a trade facilitation measure, a consolidated guideline for amendment in the IGM is hereby issued to reduce the dwell time in this regards. Attention of the shipping lines, shipping agents, consol agents, carriers, multi-model operators, break bulk carriers/agents, consolidators, freight forwarders, importers, Customs Brokers and members of trade is invited to Public Notice No. 67/2009 dated 14.09.2009 and No. 02/2010 dated 14.04.2010 and Boards Circular No. 13/2005 dtd. 11.03.2005 and No. 44/2015 dated 14.11.2015. 2. The amendments in IGM are categorised as Major amendment and Minor amendment, which are given in Annexure A to this Facility Notice. 3. To facilitate the trade and to ensure uniformity of procedure of amendment in the IGM, it is hereby desired that the following documents required for the amendments, are supplied in the first stage itself to the Import Noting Section; - 1) Request and explanation letter from Shipping Line/Agents; 2) Previous and Revised Bill of Lading (Original or Attested by the Shipping Line); 3) Request and explanation letter from Consignee; 4) Signed copy of Invoice and Packing List (Original/Attested by the Consignee/Shipping Line) (wherever required); 5) Supplier s/Shipper s request cum explanation letter/Load Port s message along with manifest corrector issued by overseas counterpart of the Shipping Line(wherever required); 6) IEC copy of the consignee/s or declaration letter in case consignee does not hold IEC (wherever required); 7) In the case of change of consignee name, the following documents are also required to be submitted (as applicable) - a) For amendment in the consignee name, where first consignee name is totally different and it doesn t exist, it cannot be considered typographical error, an indemnity bond duly notarised to Customs from second consignee and a letter from Shipping Line, indemnifying Customs against any claim in the name of the first consignee regarding the shipment, b) For amendment in the consignee name, where first consignee exists, NOC from the first consignee in original is required. Since amendment in the consignee name is usually an issue of ownership of the consignment, in case the first consignee is not giving NOC for the change of consignee name, it is suggestive of a dispute between the first consignee and supplier/second consignee. In such cases, as a matter of principle, Customs has no role/interference in the ownership of the consignment, and it is an issue of civil dispute. c) It is therefore, clarified that in cases where the first consignee exists but has not given NOC for such amendment, the matter should be examined by AC/DC, Import Noting and the decision in this regard should be taken in light of the Civil Court s decision or other material facts. 8) In case of change of Bill of Lading Number, the Shipping Line should submit copy of the surrendered Master Bill of Lading and original consignee name should appear in House Bill of Lading; 9) Report from concerned Group for ascertaining revenue implication (for amendment in commodity description); 10) NOC from concerned Group in the case of Bill of Entry already filed. 4. Since the responsibility of amendment in the IGM rests solely with the Shipping Line/Agent, as they file IGM with Customs under section 30 of Customs Act, 1962. It is clarified that the fine/penalty imposed, if any, upon adjudication in such cases, shall be paid by the Shipping Line only, no fine/penalty imposed on the consignee or others. No request for any amendment in the IGM from Custom Broker/Importer will be entertained. 5. Procedure in Case of HIGH-SEAS SALE (in terms of Para 2.24 of Foreign Trade Policy)- To ensure the simplification and uniformity of procedure for amendment in IGM in case of High Seas Sales, the following documents are required to be submitted- 1) High Seas Sales contract signed by both the buyer and seller and duly notarized. The date of contract and notarisation should be before filing of the IGM; 2) Non-negotiable copy of Bill of Lading in original, if same is not available, then photocopy of such Bill of Lading duty authenticated by Shipping Line/Steamer Agent; 3) High Seas Sale Invoice and Commercial Invoice in original or duly attested Copy; 4) Authority letter for Custom Broker from High Seas Sales buyer in original (if CB is appointed) or application from High Seas Sales buyer, addressed to Deputy/Assistant Commissioner of Customs, Import Noting, JNCH; 5) IEC copy of both the buyer and the seller; 6. Procedure in Case of TRANSSHIPMENT JNCH has implemented integration of SEZs and FTWZs online with Customs EDI Systems ICES 1.5. Now TP for SEZs and FTWZs may be filed online and a Public Notice No. 43/2015 dated 14.05.2015, has been issued by JNCH regarding procedure to be followed. In case the online facility is not available in the concerned SEZ, following documents are required to be filed for manual TP- 1) SEZ Bill of Entry duly assessed by A.O. of concerned SEZ; 2) Forwarding Letter giving the contact details from authorized officer of concerned SEZ; 3) Invoice and Packing List in Original or Attested Copy; 4) Bill of Lading in original or attested copy duly endorsed by Specified Officer of concerned SEZ; 5) Authority letter for Custom Broker from Importer/Consignee in original, if document handled by Custom Broker. 7. In case of LCL cargo for HUB SMTP the following documents are required to be submitted- 1) Request letter from the Shipping Line; 2) Transshipment Copy; 3) IGM Copy. The procedure may be followed scrupulously by all for uniformity, and difficulties, if any, in implementation/compliance of the Public Notice may be brought to the notice of the Additional Commissioner of Customs, Import Noting section. ENCL: Annexure A Sd/- (Rajeev Tandon) Pr. Commissioner of Customs (Gen) JNCH, Nhava Sheva