 |
OFFICE OF THE
COMMISSIONER OF CUSTOMS, |
PUBLIC NOTICE NO 107 / 2001
Sub:
Consolidation of cargo at the gateway port-procedure-regarding.
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Government of India, Ministry of Finance, Department of Revenue, New Delhi,
Circular No.22 / 2001 – Customs vide F.No:450/118/99-CUS. IV dated 17.04.2001
is reproduced below for guidance of Importers, Clearing Agents and Trading
Public.
C11/32/2001 AP (PORT) (HEERA
RADHAKRISHNAN)
CUSTOM HOUSE, CHENNAI COMMR. OF CUSTOMS (PORT)
DATED: 07/06/2001
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Circular
No.22 / 2001 – Customs
F.No:450/118/99-CUS. IV dated
17.04.2001
It is hereby
directed to refer to Circular No.55/2000-Cus., dated 30.6.2000 as amended by
Circular No.67/2000-Cus., dated 17.8.2000 regarding consolidation of LCL cargo
at the gateway ports. In the said Circular, it has been provided in para 3(x)
that containers carrying the LCL cargoes from the ICDs/CFSs to gateway ports
may be used to bring back LCL import cargo from the gateway ports to ICDs/CFSs.
In this connection, doubts have been raised as to whether the said Circular is
applicable for consolidation of imported LCL cargo and its subsequent
transhipment from the gateway ports to ICDs/CFSs in view of the fact that the
Circular does not provide a procedure for the same. It has also been pointed
out that the said Circular does not provide a procedure for filing of EGM in
respect of consolidation of export cargo in terms of the said Circular.
2.
The matter has been examined by the
Board. The Goods Imported (Conditions of Transhipment) Regulations, 1995 allow
transhipment of import cargo from gateway ports to ICDs/CFSs. It does not debar
the further movement of cargo even if it is brought in and de-stuffed from LCL
containers after landing and re-stuffed in other containers for particular
ICDs/CFSs. What is essential is that suitable procedure must be followed for
transhipment of each such consignment and there is proper accountal of each
consignment moved in such re-stuffed containers from Gateway ports and their
receipt at ICDs, etc. It has therefore been decided that the LCL cargo,
received for various destinations at Gateway ports, after de-stuffing and
consolidation at the gateway ports (or at a CFS near gateway port), for each
destination shall be allowed to be transhipped from the gateway ports to
particular ICDs/CFSs in the same manner as other cargo, if all the formalities
of the said Regulations
have been complied with. For sake of uniformity a procedure for consolidation
of LCL cargo at the gateway port or a CFS near gateway port and subsequent
transhipment to inland ICDs/CFSs has also been drawn out and para (x) of the
said Circular shall be substituted as follows:
" (x) Custodians may,
thereafter, use the same containers to bring back LCL imports to various
ICDs/CFSs. As regards consolidation of imported LCL cargo at the gateway port (or
a CFS near
gateway port) and subsequent transhipment to inland ICDs/CFSs, following
procedure shall be followed-
a)
On arrival of the LCL (Imports) cargo (meant for ICDs/CFSs) at the Gateway Port
the concerned shipping line shall file the I.G.M. with the Customs as in vogue;
b)
The de-stuffing and consolidation of the LCL (Import) cargo ICD/CFS wise will
be done at the earmarked space under supervision of the Customs and surveyors
of the custodians;
c)
After consolidation of LCL cargo (ICD/CFS wise), the custodian at the Gateway
Port will prepare a tally list showing details of the import consignments, the
previous container number, IGM No. and the details of the new container and the
shipping line will file sub-IGMs for all LCL (Import) cargo IGM wise. Wherever
the packages/goods are found to be damaged during de-stuffing, storing and
consolidating a suitable remark to this effect should be recorded on the tally
list, which then should be signed by the Customs, Surveyor, Custodian and the
shipping line;
d)
After acceptance of sub-IGM by the Customs, the LCL (Import) cargo ICD/CFS wise
will be re-stuffed in empty containers in the presence of custodian at the
Gateway Port and the shipping line. The containers so re-stuffed will be sealed
by the custodian as per procedure in vogue. The sub-IGM should mention the
details of the new bottle seal and should also be accompanied with the
Surveyor's report;
e)
For transhipment of re-stuffed LCL (Import) cargo in new containers for
different destinations, the concerned shipping line shall follow procedure in
vogue in terms of the Goods Imported (Conditions of Transhipment) Regulations,
1995. After completion of Customs formalities and clearance of LCL (Import)
cargo at the respective ICDs/CFSs, a copy of the sub-IGM will be sent back to
the Customs authorities at the Gateway Port for confirmation/closure of
IGM."
3. As regards filing of EGM for consolidation
of export cargo in terms of circular No.55/2000-Cus., dated 30.6.2000, it is to
be noted that filing of EGM is a statutory requirement under the Customs Act,
1962. The EGM needs to be filed even if the said Circular does not specifically
provides for the same. For this purpose, the existing procedure for filing of
EGM in respect of FCL cargo originating from ICDs/CFSs may be followed in
respect of LCL cargo.
// ATTESTED //
(M. MURUGAN)
DY. COMMISSIONER OF CUSTOMS
(APPG)
