Measure to facilitate trade during the lockdown period - section 143AA Of the Customs Act. 1962 - Customs - PUBLIC NOTICE No. 09/2020

GOVERNMENT OF INDIA MINISTRY OF FINANCE, DEPARTMENT OF REVENUE OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS (AIR CARGO), CHENNAI - COMMISSIONERATE, NEW CUSTOM HOUSE, MEENAMBAXKAM, CHENNAI -600016. F. No. S.Misc.42/20200Appg.(M)-VII Dated: 03.04.2020 PUBLIC NOTICE No. 09/2020 Sub: Measure to facilitate trade during the lockdown period - section 143AA Of the Customs Act. 1962 - Reg. Attention of the importers. exporters, Customs Brokers and all other stakeholders is invited to the CBIC Circular No. 17/2020-Customs dated 03.04.2020 on the above subject. 2. With a view to mitigate the difficulty being faced by importers/ exporters and their authorised Customs Brokers, during the ongoing lockdown period announced by the Government to prevent the spread of COVID-19 pandemic in the country. in obtaining notarised stamp papers for furnishing bonds required by Customs in certain situations during the assessment and clearance of goods, the Board has decided to take certain measures for a temporary period in terms of section 143AA of the Customs Act, 1962 with a view to expedite Customs clearance of goods and for maintaining balance between Customs control and facilitation of legitimate trade. 3. In this regard. Board has approved relaxation of the requirement to submit bonds prescribed under section 18, section 59 and section 143, and under notifications issued in terms of section 25 of the Customs Act, 1962, subject to compliance of conditions as listed below in this Circular. 3.1 While the above-referred lockdown is presently in force till 14.04.2020. considering that the importer/ exporter may find it dilficult to comply with requirement of furnishing bond for some more time thereafter till the situation normalizes, the said relaxation shall be available up to 30.042020. This relaxation shall however be subject to review by the Board at the end of the lockdown period i.e. 14.04.2020. 3.2 In the period up to 3004.2020, Customs field formations may accept request for submission of an undertaking from the importer/exporter in lieu of a bond prescribed under the above-mentioned provisions. This relaxation will apply to the following categories of the importers/exporters: a. Govemment/PubIic Sector Undertakings (Central/Statc/UT Govts. or Administrations and their undertakings) b. Manufacturer/ActuaI User importer c. Authoriscd Economic Operators d. Status holder e. All importers availing warehouse facility in terms of section 59 of the Customs Act, 1962 3.3 Each such relaxation, where requested, should comply with the following conditions: i. The content of the undertaking should, to the extent possible, be same as the content of the prescribed bond. ii. The undertaking should be duly signed by the IEC holder concerned on their business letter head and submitted by the registered email ID ofthe IEC holder or their authorised Customs Broker. iii. The undertaking should include a commitment from the TEC holder to submit the proper bond in prescribed format on notarised stamp paper etc. on or before 07.05.2020. iv, The undertaking will not be treated as a substitute for security, wherever mandated. v. The security, where required, shall be furnished in the nature and manner as deemed fit by the proper omcer. Board's instructions issued from time to time regarding such security in specific cases should be kept in view in this regard. vi. In case of warehoused goods, any subsequent movement of goods to another warehouse under section 67 of the Customs Act, 1962, shall be allowed only to manufacturer/actual user importer or AEO or Status olders. For requests related to change of ownership aner warehousing, the facility shall be considered only in cases where the prospective buyer is either manufacturer/actual user importer or AEO or Status holder. 4. Such relaxation from submitting a bond may also bc considered on case to case basis for any other importer and exporter who requests for the same, with such additional safeguards over and above those listed in this Circular, as deemed fit by the jurisdictional Commissioner to safeguard revenue and ensure compliance of the statutory provisions. 5. Importers /Exporters availing this facility shall ensure that the undertaking furnished in lieu Of bond is duly replaced with a proper bond before the stipulated period i.e. 07.05.2020. Customs field formations shall maintain a record of all cases of relaxation allowed by them. 6. For the action to be taken in terms of decisions conveyed herein this Public Notice should be considered as Standing Order for the officers of this Commissionerate. 7. In case of any difficulty, the specific issue may be brought to the notice of ADC / JC, Imports or DC / AC in charge of Imports, Chennai VII Commissionerate. (N. PADMASRI) COMMISSIONER OF CUSTOMS