Disposal of Export goods brought into Customs area but neither exported nor taken back to town. - Customs - PUBLIC NOTICE NO. 26/2023-24

OFFICE OF THE COMMISSIONER OF CUSTOMS (GENERAL), DISPOSAL SECTION, JAWAHARLAL NEHRU CUSTOM HOUSE, NHAVA SHEVA, TALUKA- URAN, DISTRICT- RAIGAD, 400707 E-Mail: [email protected], Tel- 022- 27244956 F.No.GEN/DISP/OTH/OTH/143/2023-DISP-0/0 COMMR-CUS-GEN-NHAVA SHEVA Dated: 07.03.2024 PUBLIC NOTICE NO. 26/2023-24 Subject : Disposal of Export goods brought into Customs area but neither exported nor taken back to town. 1.0. OBJECTIVE To Facilitate release of storage space and containers after auctioning the uncleared export cargo brought into Customs area for export but neither exported nor taken back to town. 2.0. SCOPE One time administrative arrangement to facilitate auction of uncleared export cargo entered inside Customs area up to 31.03.2023, which Is neither under seizure or hold by any investigation agency, nor covered by order of any Court. 3.0. PROCEDURE TO BE FOLLOWED BY THE CUSTODIAN The Custodian shall adopt the following procedure:- 3.1 The Custodian shall prepare a list of all export cargo lying in its custody in the Customs area, which was entered for export up to 31.03.2023, but was neither exported nor taken back to town, and submit the said list to the Assistant / Deputy Commissioner, Disposal Section, with copy to the Assistant / Deputy Commissioner, in-charge of concerned Export Docks cluster. The Custodian shall ensure that any export cargo which is under seizure or hold by any investigation agency, or covered by order of any Court, is excluded from the said list. The list will contain the following details : a) Shipping Bill No. Date b) Description of goods c) Weight d) Quantity e) Name of the exporter and address f) Name of the Customs Broker 3.2 The Custodian shall send through Registered Post / Speed Post Email(wherever email IDs are available), not less than three Auction Notices to the exporter and Customs Broker who had brought the said cargo in the Customs area for export. There should be a gap of minimum 15 days between sending of each Auction Notice. Copies of all Auction Notices should be sent to the Assistant / Deputy Commissioner, Disposal Section as well as to the Assistant / Deputy Commissioner, in-charge of concerned Export Docks cluster. 3.3 Thereafter, Custodian shall prepare individual file of each consignment lying with them which has arrived for export upto 31.03.2023 but was not exported. The file will include an Examination Sheet in format prescribed by the Assistant / Deputy Commissioner, Disposal Section, copy of Shipping Bill, Export Invoice, Packing List etc., if available, and also copies of Auction Notices served to the exporter and Customs Broker through Registered Post / Speed Post Email. 3.4 The Custodian shall thereafter get the said goods examined by the Appraiser / Superintendent of concerned cluster of Export Docks. If any NOC from any Government Authorities like CRCL JNCH, CDSCO, FSSAI, PQ, BIS etc. is needed as per the nature of goods, like for Chemicals, Pharmaccuticals, Fabrics, Plants, Food articles, etc., the same shall be obtained by the Custodian. In case the result of chemical analysis, Or report from FSSAI, Drug Controller, Plant Quarantine etc. indicates that the sample is not fit for consumption/usage, the Custodian shall arrange to destroy the same at their expense, after obtaining the requisite environmental and other clearances as per law. 3.5 The Custodian shall get the goods valued by two Govt. approved valuers. The final Reserve Price after considering the value determined by the two Govt. approved valuers shall be decided by the Committee of Assistant/ Deputy Commissioners in-charge of Disposal Section, Preventive-General Section, and the concerned Export Docks cluster. 3.6 The disposal shall be made by the custodian through E-auction following the procedure as enumerated in relation to Import cargo vide para 3 of the Public Notice No.65/2005 dated 13.12.2005 read with the Board's Circulars No. 50/2005 dated 01.12.2005 and No. 52/2005 dated 09.12.2005, as amended from time to time, to the extent the same Is relevant for export cargo. 3.7 All bids received through E-Auction shall be considered in accordance with the criteria laid down at Para 3(xiv) of Board Circular 49/2018- Customs dated 03.12.2018. 3.8 The sale proceeds shall be shared between the Custodians and the Customs on 50:50 basis. 3.9 The custodian shall ensure that sale proceeds are deposited by the successful bidder before delivery of the goods is given to successful bidder. 3.10 The process of disposal as per the above procedure should be completed by the respective Custodians, at the earliest, but not later than 30.06.2024. 4.0 Difficulties faced, if any, in this regard may be brought to the notice of the undersigned. 5.0 This issues with the approval of Chief Commissioner of Customs, JNCH, Nhava Sheva, Mumbai Customs Zone-III. ( D. S Garbyal ) Commissioner of Customs Disposal Section, NS-General