TMI BlogDeclaration of Customs Area for the purpose of Export and Import facilities for noting of Shipping Bill, Bill of Entry, Valuation and examination of Export / Import CargoX X X X Extracts X X X X X X X X Extracts X X X X ..... that Ahmedabad has been appointed as an Inland Container Depot for the purpose of unloading of imported goods and loading of export-goods under section 7 of Customs Act, 1962 by the Govt. of India vide Notification No. 12/97, Cus. (NT) dt. 02/4/1997 with the condition that the operation of the ICD would commence from the date to be notified. Vide notification No. 8/2009 dated 09.10.2009, it has been notified that the operation of the ICD would commence from 12th October, 2009. The said M/s. The Thar Dry Port, a unit of Hasti Petro Chemical Shipping Ltd. has also been appointed by this office as the custodian vides notification No. 7/2009 dated 29/09/2009. The custodian and any person handling goods in the above said customs area on his own or on permission granted by the custodian, shall be governed by the provisions of the Handling of Cargo in Customs Area Regulation, 2009. 2.1 Initially, there will be manual filing and processing of documents and record keeping at ICD, Sanand, Ahmedabad. 2.2 The said ICD, Sanand, Ahmedabad shall operate on all week days between 11:00 Hrs. to 18:00 Hrs. except on Sundays and second Saturday of every month and other G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so file a transshipment application with all particulars, as mentioned above, to the Commissioner of Customs at the Gateway port in quintuplicate (5 Copies). One time seal number should also be clearly mentioned. The HPCSL and Steamer Agent shall also execute a Bond in the prescribed form to the satisfaction of the Commissioner of Customs at the Gateway port to re-export the containers within the period allowed under the provisions of the Customs Act and the rules/regulation/notifications issued thereunder. 3.2 The import cargo containers, the seals of which are intact to the satisfaction of the Prev. Officer of Customs at the Gateway port, shall be transported by Road/Rail directly from the Gateway port to ICD, Sanand, Ahmedabad. The responsibility for movement of the containers from Gateway port to ICD shall be of the HPCSL. The custodian who shall execute a Continuity Bond in the prescribed form, as the Commissioner of Customs at the Gateway port may require, in respect of the goods to be transshipped. The Customs authorities at the Gateway port shall maintain a record of each container transshipped under the cover of the Continuity Bond. 3.3 The conta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Act, 1962 vide Customs Notifications No. 07/2009 (CCP) dated 29.09.2009 and will be responsible for custody, storage and handling of cargo at the ICD, Sanand, Ahmedabad. 4.2 The HPCSL shall give, at least 24 hours in advance, an intimation to customs about the expected date and time of the arrival of containers from the gateway port. On arrival of the containers at ICD, Sanand, Ahmedabad the custodian shall give a list of containers in triplicate on daily basis to the Dy. / Asstt. Commissioner, Customs, in charge of ICD, Sanand, Ahmedabad. The Customs and the Custodian HPCSL, at ICD, Sanand, Ahmedabad shall jointly examine the seals on the containers received at the ICD, Sanand, Ahmedabad vis-a-vis the transshipment documents and report whether the seals are found intact. The Customs Officer verifying the seals and other particulars with reference to the copy of transshipment permit received from the gateway ports at ICD Sanand, Ahmedabad shall make suitable endorsements as to the intactness of the seal on the transshipment Permit (TP) copies and all the copies of the list of containers prepared by the HPCSL. Thereafter one copy of the Transshipment Permit (TP) alon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r de-stuffing by making suitable endorsements on the face of the request letter received from the HPCSL. 4.7 The de-stuffing of containers shall be carried out in the presence of the Customs Officer, representative of HPCSL, the Importer / CHA after verification of the seal No. as per documents and finding it intact. Then the seal shall be broken in the presence of these representatives. After de-stuffing, the representatives of the HPCSL shall prepare a de-stuffing sheet which will be signed by him alongwith the Customs Officer / importer / CHA. This sheet shall mention that the seal was found intact. The contents in containers viz, packages, chests, pellets, boxes etc. shall be tallied and the numbers compared with reference to the sub-manifest. Shortages/ excess, if any, noticed at the time of de-stuffing shall be recorded and got certified by the Customs Officer on both the copies of the sub-manifest. 4.8 In respect of LCL and FCL cargo the HPCSL are required to maintain a register as prescribed in proforma B (Attached as Annexure). 4.9 The imported cargo after de-stuffing will be stacked in the shed, properly segregated, under stock c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y. The Appraiser shall endorse the examination order on the reverse of the original copy of the Bill of Entry after taking approval from the Dy./Assistant Commissioner of Customs. 5.5 Examination : The bill of Entry shall then be presented to the Appraiser/ Supdt. by the importer/ CHA for physical examination of the goods. The examination shall be conducted by the examining staff after the inspections of the lot identification of the same with the import documents. He will endorse examination report on the Original and Duplicate copy of the Bill of Entry. The importer/CHA shall than present the Bill of Entry to the Appraiser / Supdt. for assessment. 5.6 After assessment of the Bill of Entry by Appraiser, the inspector/examiner of Customs will check the exchange rate. After this the Bill of Entry shall be put up to the Dy. / Assistant Commissioner of Customs for his signature. 5.7 Detachment of Bill of Entry: The Detach Clerk having received the finalized Bill of Entry will hand it over to the importer/CHA for payment of duty. However, before handing over the Bill of Entry, he will ensure to put his signature in the Bill of Ent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the manifest clearance Section within two days. 5.10 2nd Appraisement : In case of 2nd appraisement the procedure, as detailed above, will remain the same except prior examination of the goods before assessment. In case of 2nd appraisement the assessment shall be completed on the basis of invoice etc. and duty shall be paid. The importer or his representative will then produce the documents before the shed Appraiser for examination of the goods exactly in the same manner as prescribed for the first appraisement procedure. If everything is found in order, the goods will be given out of charge in the manner stipulated above following all other procedures till the manifest clearance section. 6. Movement of empty containers out of ICD Sanand, Ahmedabad. As regards empty containers arising out of destuffing, the monitoring will be done only at the Gateway port. Container leasing companies, shippers / steamer agents will be responsible for producing proof of export of containers at the Gateway port for the cancellation of the Bonds executed in respect of empty containers. 7. Closure of Sub-Manifest (Import): After al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... marks and numbers. 11. Processing of Export Documents: The customs authorities shall complete classification and assessment of export documentation at ICD Sanand, Ahmedabad. The shipping Bill presented together with the copies of GR-I form, invoice, packing list, quality certificates (wherever required), contract / buyer s order etc., to Noting Clerks, ICD Sanand, Ahmedabad. After scrutiny, the Noting Clerk will stamp the date of presentation and assign the serial number to the shipping Bill (separately for Drawback and non-drawback). The Inspector shall process the Shipping Bill by conducting usual prescribed checks. 12. Assessement: The Inspector shall pass on the Shipping Bill to Appraiser/Supdt. (Assessment). The Appraiser/ Supdt. shall complete the assessment by carrying out all necessary checks. Further, if Drawback amount is less than ₹ 1,00,000/- and no DEEC/DEPB benefit is claimed, the Appraiser/Supdt. will process the shipping bill finally, If Drawback amount involved is ₹ 1,00,000/- or above, or shipment is under DEEC/DEPB scheme, the shipping bill shall be put-up to the Dy./Assistant Commissioner of Customer for final ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll be recorded by the examination officer on the reverse of duplicate Triplicate i.e. Drawback claim copy of the Shipping Bill. The representative of the Exporter/CHA shall endorse and authenticate the examination report as well as sealed representative samples, in token of examination having been done in his presence and his agreement with the examination report. 15.1 If the export consignment is received at ICD Sanand, Ahmedabad after Central Excise examination / supervision in sealed condition, then the Examining Officer shall only verify the seal particulars from the available records prepared by the Central Excise authorities. Such Sealed containers can also be opened to examine the contents if there is doubt regarding the genuineness of its contents because of information / alert notice etc. 15.2 The examination report of export consignment shall be countersigned by the Appraiser/Supdt. posted in the shed who shall supervise such examination and also verify the export value in export documents as well as on the GR 1 form. 16. Stuffing of containers: After the shipping line has nominated container for stuffing of the cargo, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nand, Ahmedabad to the Gateway Port and a copy thereof submitted to Customs Officer. 16.5. The HPCSL shall be solely responsible for the carriage of the goods from ICD Sanand, Ahmedabad to the Gateway Port. 16.6. The Custodian shall abide by all provisions mentioned in Handling of Cargo in Customs Area Regulations 2009. 17. Procedure to be followed at Gateway Port. 17.1. At the gateway port the container will be normally allowed to be exported under Preventive supervision on verification of the seals and found intact without any further examination. However, in case, the seal is found tampered with, officers at the Gateway Port, will have the right to open and examine the contents of any container, Preventive Officer at the Gate way Port inspecting the container s seal shall be required to endorse the two transference copies of the shipping Bill regarding the fact of the shipment in the following manner. 17.2. Endorsement on transference copies of the Shipping Bill at Exit Port / Gateway Port. (a) Inspected and found intact the containers bearing the following marks and numbers. Cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hed to the HPCSL, ICD each week for proper co-relation. A copy of the statement shall also be dispatched to the D.C. / A.C. in-charge of ICD Sanand, Ahmedabad every week. 18.1. At the ICD Sanand, Ahmedabad the Export Manifest, Transference Copies of the Shipping Bills and weekly statement received from the Customs House of the Gateway Port will be co-related for closure of Export Manifests and for cancellation / enforcement of Bond, if any. The Station Duty Officer at the ICD will arrange to send the Transference Copies of the Shipping Bills to the Drawback Department for further action. If there is no Drawback claim, the transference copies of the shipping Bills will be sent to the Appraiser / Superintendent in-charge of the ICD for filing and closure of the EGM after audit. GENERAL 19 It is clarified that ICD Sanand, Ahmedabad has been declared as the Customs Area for the purpose of Export and Import facilities for noting of Shipping Bill, Bill of Entry, Valuation and examination of Export / Import Cargo, However, for the purpose of Section 116 of the Customs Act, 1962, and other statutory requirements, Export / Import would be deemed ..... 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