Simplify IGM modification process for Import Short Landing Shipment - Customs - Public Notice No. 99/2019

OFFICE OF THE COMMISSIONER OF CUSTOMS (GENERAL) IMPORT NOTING SECTION, JAWAHARLAL NEHRU CUSTOM HOUSE NHAVA SHEVA, URAN, DIST-RAIGAD, MAHARASHTRA-400 707 F. No. S/3-Gen-57/2013-14 Import Noting Pt. II Date: 31.10.2019 Public Notice No. 99/2019 Sub: Simplify IGM modification process for Import Short Landing Shipment-reg. It has been brought to notice by various Stakeholders that they are facing hardship in amendment of Short Landing Shipments. This issue was discussed at Customs Clearance Facilitation Committee (CCFC) Meeting which was held on 28.08.2019 at JNCH and The Chair has directed to lay down a Public Notice in this regard. As per Section 30 of the Customs Act, 1962, the person in-charge of the vessel shall, before arrival thereof at any Customs Station, deliver to the proper officer an Import Manifest by presenting electronically prior to the arrival of the vessel and at the foot thereof make and subscribe to a declaration as to the truth of its contents. It has been represented in CCFC meeting that Import containers are short landed due to operational reasons (damaged cell guides, terminal equipment breakdown etc.). Often the short landed containers /shipments are of multiples BLs and multiple importers. The import short landed containers generally arrive on the next vessel. The present status of IGM amendment is cumbersome and involves excessive paper work including physical round to several sections such as Boarding, DC(PG), Import Noting etc. The matters pertaining to IGM amendment are covered in Board Circular No. 14/2017-Customs dated 14.04.2017 and amendment request required due to short landing of containers falls under Any other amendment category. The issue has been examined and as a trade facilitation measure, following procedure is prescribed for IGM amendment for Short Landing. In view of the above, the following procedure is prescribed: - 1. The Shipping Line should inform Boarding Office of a Short Landing at the time of off loading of Cargo; 2. This would be in the form of a request for a Short Landing Certificate accompanied by a report from the Master of the Vessel and another from the Terminal Operator confirming the Short Landing. 3. Boarding Office should verify the request with the Terminal and issue a Short Landing Certificate to the Shipping Line giving the Container Nos. that did not arrive, duly signed by Superintendent (Boarding). Alternatively, the Boarding (Superintendent) may endorse the application and confirm Short Landing on its hard copy itself. 4. Shipping Line shall then submit an application for amendment of IGM to Deputy Commissioner (Import Noting Section) via e-mail attaching the two documents mentioned at Para 2 above i.e. report from the Master of the Vessel and another from the Terminal Operator confirming the Short Landing, the Short Landing Certificate/endorsement at para 3 above and proof of payment of amendment fees of ₹ 1000/-. 5. Deputy Commissioner (Import Noting Section) shall convey the approval of the amendment request to the Shipping Line via e-mail also. All requests should be disposed of on the same working day. Any requests received after 6 p.m. to be disposed of not later than 12 noon the next day. The official email ID of Import Noting Section is [email protected] . It is prescribed for safety authenticity of all communication Shipping line shall register their email ID, addresses, name of contact person his mobile number with Import Noting Section. This issue falls under the head Any Other Amendment of Board Circular No. 14/2017-Customs dated 11.04.2017. Short Landing Cases is treated as major amendment and adjudication will arise where fraudulent intentions or substantial revenue implications are involved. The responsibility of amendment in IGM rests solely with the Shipping Line/Agent, as they file IGM with Customs under section 30 of Customs Act, 1962. It is, therefore, clarified that the fine/penalty imposed, if any, upon adjudication in such cases, shall be payable by the Shipping Line only or such other person as specified. No request for any amendment in the IGM from Custom Broker/Importer will be entertainedas per Board Circular No. 14/2017-Customs dated 14.04.2017. This procedure comes into operation with immediate effect. Any difficulties in the implementation of the same may be brought to the notice of the undersigned immediately. - Sd/- (SANJAY MAHENDRU) COMMISSIONER OF CUSTOMS (G) JNCH, NHAVA SHEVA, URAN, MUMBAI