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Guidelines for clearance of unclaimed and abandoned goods kept in SEZs/ FTWZs

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..... abandoned cargo by units in FTVVZs/SEZs. The aforesaid procedure is based on the provisions of section 48 of the Customs Act, 1962 read with Circular No. 50/2005-Cus dated 01.12.2005 and no. 49/2018-Cus dated 03.12.2018 issued by CBIC. The relevant provisions/procedures mentioned therein will apply, mutatis-mutandis, on warehousing units in FTWZs/SEZs. 3. The objections, if any, with regard to procedure prescribed for clearance of unclaimed/ abandoned goods from SEZs/ FTWZs may be furnished to Deputy Secretary (SEZ) within 15 days form the issue of this instruction. 4. This issues with the approval of the competent authority. Encl: As above Yours faithfully (Aditya Narayan) Under Secretary to the Govt. of India Te1. 2306 2496 e-mail: [email protected] File No. D. 6/5/2017-SEZ Government of India/ Bharat Sarkar Ministry of Commerce and Industry/ Vanijya Aur Udyog Mantralaya Department of Commerce/ Vanijya Vibhag SEZ Division Dated 21st February, 2018 To, All Development Commissioners, S .....

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..... /FTWZ units. 3. Accordingly, units at FTWZ may carry out disposal of un-cleared cargo at FTWZ in the following manners as prescribed in Section 48 of the Customs Act 1962. (i) The concerned unit of FTWZ shall prepare a list of cargo lying un-cleared. This list shall be sent to the Specified Officer of FTWZ to intimate as to whether listed goods/cargo can be taken up for disposal through public auction. The list will contain the following details: (a) Inbound/ Outbound Bill of Entry number (b) Bill of Lading No. and date (c) Description of goods (d) Weight (e) Name of the consignor (exporter) and consignee (importer), These details will be furnished as per the information available from the IGM and Inbound Bill of Entry. (ii) The units shall simultaneously update the list with importer's name and address. (iii) Details of all goods/ shipments which are put on hold for investigation or otherwise by Directorate of Revenue Intelligence (DRI)/Preventive/Special Intelligence and Investigation Branch (SIIB) or any other agency will be maintained both by units and Senior Authorised Office .....

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..... tion of the items, to enable SAO/Group at FTWZ to easily identify the regulatory requirements in respect of the consignments mentioned in the inventory and it shall clearly indicate variation in description of goods with respect to description of goods mentioned in the list already forwarded as per para 3 (i), above, (viii) SAO/Group at FTWZ shall examine the list and within 15 days of receipt of such request, intimate to the unit, details of the listed shipments which can straightway be taken up for auction as they do not require any regulatory clearances [NOC from Food Safety and Standards Authority of India (FSSAI), Drug Controller, Bureau of Indian Standards (BIS) etc.], or do not need any chemical analysis to identify the contents and fitness for consumption/usage. The consignments, for which such unconditional NOCs are issued by SAO/Group, shall be taken up for auction by e-auction preferably through Metal Scrap Trade Corporation Ltd. (MSTC) to ensure maximum outreach and participation. In case the list is incomplete and does not have the complete details for SAO/Group to clearly pinpoint the regulatory requirements, SAO/ Group shall indicate the deficiencies in the .....

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..... appointed by the units will be accepted. (xiii) The concerned unit shall fix a date immediately after assessment of value of such shipment/ lot, for holding the auction by e-auction preferably through Metal Scrap Trade Corporation to ensure maximum outreach and participation and communicate such date to the Specified Officer of FTWZ. The Specified Officer of FTWZ shall nominate, if necessary, an officer not below the rank of SAO to witness the auction. SAO [Disposal shall not withdraw any consignment at the last moment from the auction/tender except with the written approval of the jurisdictional Commissioner of Customs, (xiv) The shipment/ lot in respect of which NOC has been given by SAO/ Disposal, shall be taken up for auction. All bids of value equal to or more than the reserve price, or those up to 5% less than the reserve price, shall be treated as successful bids for sale of goods. Remaining shipments/ lots of the list shall again be taken up for second auction against the same reserve price. In case, shipments or lots, where bids are not received up to the reserve price, shall again be taken up for third auction against the same reserve price. Unsuccess .....

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