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TMI BlogDisposal of Unclaimed/Uncleared CargoX X X X Extracts X X X X X X X X Extracts X X X X ..... ods are known as 'unclaimed goods'. 1.2 In terms of the provisions of the Customs Act, 1962, the duty is leviable on imported goods, regardless of whether they are cleared by the importers or not. Similarly, dues of other agencies, such as, carriers and custodians for carriage and storage of goods respectively, may also arise. Where the importers do not come forward to make payment of such dues, the Customs duty and other dues can be recovered by selling the unclaimed/uncleared goods. 2. Legal provisions: 2.1 As per Section 48 of the Customs Act, 1962, if any goods brought into India from a place outside India are not cleared for home consumption or warehoused or transhipped within 30 days from the date of unloading there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt proceedings, (c) motor vehicles or (d) negative list items. If no such intimation is received from the Customs within 15 days, the custodian shall go ahead with the disposal of the goods. (iii) The responsibility for disposal shall exclusively be with the custodian who shall fix a reserve price arrived at by their appointed panel of Government approved valuers (irrespective of value, if any, arrived at by the Customs Appraisers earlier), which should include an expert on the product line. (iv) The Customs will not insist on complete and detailed inventory of the contents of the consignments to be drawn in their presence. They shall, instead choose 10% consignments for which detailed inventory shall be made in their presence f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cal taxes like Sales Tax etc, will however have to be charged/recovered extra from the buyer]. (x) For each consignment which is sold, the custodian will file a consolidated Bill of Entry, buyer-wise, for assessment of the effective rate of duty by the Customs in terms of Unclaimed Goods (Bill of Entry) Regulations, 1972. Auctioned goods will be allowed out of charge only after the duty assessed is paid by the custodian. (xi) The sale proceeds shall be shared as per the provisions of Section 150 of the Customs Act, 1962. 3.2 The procedure of disposal of uncleared cargo in the 'landed less than one year category' is that the custodian would get the reserve price fixed by their appointed panel of Government approved valu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e waste shall be dealt with at the risk, cost and consequences of the importer. The disposal/auction shall be carried out under the supervision of the Monitoring Committee on Hazardous Waste Management. [Refer Circular No.31/2004-Cus, dated 26-4-2004] 5. Compliance with restrictions/prohibitions under various laws: 5.1 The disposal of goods, which are subject to restrictions/prohibitions under any law for the time being in force, can only be made in terms of the relevant statutes. 6. Mechanism for interaction between custodians and Customs: 6.1 There would be a formal mechanism for interaction and a quarterly meeting between the custodians and Customs to review the pendency of uncleared cargo and to reconcile/update the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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