Simplified procedure for the amendment in the Import General Menifest - Customs - FACILITY NOTICE No. 03/2016

OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS (IMPORT) AIR CARGO COMPLEX, SAHAR ANDHERI (E), MUMBAI- 400 099. F. No. S/3-MISC-PRO-113/2016ACC Date: 18.01.2016 FACILITY NOTICE No. 03/2016 Sub: Simplified procedure for the amendment in the Import General Menifest-Reg. As a trade facilitation measure, a consolidated guideline for amendment in the IGM is hereby issued to reduce the dwell time in this regard. Attention of the Airline, Consol Agents, carriers, multi-model operators, break bulk carriers/Cunsol Agents. consolidators, freight forwarders, importers, Customs Broker and members of trade is invited to Boards Circular no. 13/2005 dated 11.03.2005 and No. 44/2015 dated 14.11.2015. 2) The amendment in IGM are categorized 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:- a) Application for Amendment with letter of explanation from Airline/Consol Agents; b) Previous and Revised MAWB( Master Air Way Bill)/HA WB (House Air Way Bill) (Original or Attested by the Airline); c) Request and explanation letter from consignee; d) Signed copy or Invoice and Packaging List (Original! Attested by the Consignee/Airline) (wherever required); e) Suppliers/Shippers request. cum explanation letter/Load Port's message along with manifest corrector issued by overseas counterpart of the Airline (wherever required); f) IEC copy of the Consignee/s or declaration letter in case consignee does not hold IEC (wherever required); g) In the case or change of Consignee name, the following documents are also required to be submitted (as applicable)- 1. For amendment in the consignee name, where first consignee name is totally different and is doesn't exist, it cannot be considered typographical error, an indemnity bond duly notarized to Customs from second consignee and a letter from Airline, indemnifying Customs against any claim in the name of the first consignee regarding the shipment; 2. 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. 3. 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. h) In case of change of MA WS( Master Air Way Sill)/HAWB (House Air Way Bill) Number, the Airline should submit copy of the surrendered Master MA WB( Master Air Way Bill)/HA WB (House Air Way Bill) and original consignee name should appear in House MA WB( Master Air Way BiIl)/HA WB (House Air Way Bill); i) NOC from concerned Group in the case of Sill of Entry already tiled. 4) Since the responsibility of amendment in the lGM rests solely with the Airline/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 Airline only, no tine/penalty imposed on the consignee or others. No request for any amendment in the IGM from Customs Broker/Importer will be entertained. 5) Procedure. in case of HIGH-SEAS SA LE (in terms of Para 2.24 of foreign Trade Policy)- To ensure the simplification and uniformity of procedure for amendment=t in IGM in case of HIGH-SEAS SALES, the following documents are required to be submitted- I. HIGH-SEAS SALES contract signed by both the buyer and seller and duly notarized. The date of contract and notarization should be before filing of the IGM; II. Non-Negotiable copy of MAWB( Master Air Way Bill)/HA WB (House Air Way Bill) in original, if same is not available. then photocopy of such MA WB(Master Air Way Bill)/HA WB (House Air Way Bill) duly authenticated by Airline/Steamer Agent; III. HIGH-SEAS SALE Invoice and Commercial Invoice in original or duly attested copy; IV. Authority letter for Customs Broker from HIGH-SEAS SALE buyer in original (if CB is appointed) or application from HIGH-SEAS SALES buyer, addressed to Deputy/Assistant Commissioner of Customs. Import Noting, ACC Mumbai: V. IEC copy of both the buyer and the seller; VI. Procedure in case of TRANSSHIPMENT. Ace has implemented integration of SEZs and FTWZs online with Customs EOl Systems ICES 1.5. Now TP for SEZs and FTWZs may be filed online and a Public Notice No. 03/2015-16 dt. 09.04.2015, has been issued by ACC Sahar, Mumbai, 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 TPI, I. SEZ Bill of Entry duly assessed by A. O. of concerned SEZ; II. Forwarding letter giving the contact details from authorized officer of concerned SEZ; III. Invoice and Packaging List in original or Attested Copy; IV. MA WB( Master Air Way Bill)/HAWB (House Air Way Bill) in original or attested copy duly endorsed by Specified Officer of concerned SEZ; V Authority Letter for Customs Broker from Importer/Consignee in original, if documents handled by Customs Broke. VII. In case of LCL cargo for HUB SMTP the following documents are required to be submitted- 1. Request Letter from the Airline; 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. This issues with the approval of Principal Commissioner of Customs (Import). Encl:- Annexure-A. (Dr. S. S. Dhavale) AddL Commissioner of Customs (Import) Air Cargo Complex, Mumbai