GOVERNMENT OF INDIA OFFICE OF THE COMMISSIONER OF CUSTOMS CHENNAI AIRPORT

AIR CARGO COMPLEX, MEENAMBAKKAM, CHENNAI - 600 027

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PUBLIC NOTICE – NO.128/98-AIR

Procedure for Computerised processing of Bills of Entryunder the Indian customs EDI system  –(ICES) Imports - at Air Cargo Complex, Meenambakkam, Chennai – Reg.

 

 

It is brought to the notice of all the Importers/CHAs and members of the Trade that computerised processing of Bills of Entry under EDI system will commence shortly at Air Cargo Complex, Meenambakkam, Chennai.The changeover to computerised processing of Bills of Entry may be in phases i.e. according to CTA Chapters / Headings / categories of bills of entry. The date on which the Indian Customs EDI System (Imports) would commence and the categories of the bills of entry covered will be notified separately.

The bills of entry in respect of the following type of goods shall continue to be processed manually as per the existing system.
a. Diplomatic goods.
b. Unaccompanied baggage.
c. Import of goods under export related schemes e.g. 100% EOUs, EPCG scheme, EPZ, STP, EHTP, Duty Exemption Passbook Scheme, DEEC.
d. Re imports
e. Import of goods where particulars of goods are not known (Sec 46 cases).
f. Transshipment goods
g. goods falling under chapter 22 of the Customs Tariff.
h. Kachcha bills of entry.
i. Ex-Bond bills of entry.


Attention is also invited to the public notices no.64/97 dt. 05.05.97 issued by Custom House, Chennai and this office public notice no.54/97-Air dt. 01.12.97 and 8/98-Air dt. 08.01.98 wherein the Importers were also requested to submit information as per the enclosure to the public notice 64/97 to create data base in the EDI system.  It is reiterated that it will not be possible to process the documents under EDI system without the data base of the Importer and Custom House Agents.  Therefore, the Importers and the Custom House Agents are advised to submit the required information, so as to avoid delay in clearance of their consignments when the system goes online.

In the beginning Data-entry of bills of entry will be allowed to be made only at the Service centre.  After the Airlines, Importers and CHAs become conversant with the EDI procedure the option of Remote EDI system would also be available.   In the Remote EDI system (RES-I), the Airlines/Importers/CHAs can electronically file their IGMs/Bills of Entry/Shipping  Bills from their office through dial up modems using telephone lines.  Procedure to be followed for filing IGMs, Bills of Entry / Shipping Bills using RES package will be notified separately by a public notice.

The procedure to be followed in respect of the Indian Customs EDI Systems-Imports, at Air Cargo Complex, Chennai shall be as follows:

a.

Import General Manifest

b.

The airlines shall submit  the  Import  General Manifest through the service centre at ACC on all working days from 9.00 a.m to 10.00 p.m. The proforma for the IGM would be the same as prescribed in the Import Manifest (Aircraft) Regulations, 1976.  A checklist would be generated by the Service Centre which would be verified by the authorised representative of the airline and given for submission after corrections, if any.

c.

I

It may be clarified that the IGMs to be submitted would have the complete details as are being given presently by the airlines in manual filing of the documents.  In other words, the airlines would not only be furnishing the details of the Master Airway Bills but also the House Airway Bills in the case of console cargo.  The airlines would, also, be required to furnish the additional information, namely,  the   ULD   Nos.  for  use  by  the custodian (AAI).

d.

Apart from filing of IGMs through service centre, the Airlines would continue to file a copy of the IGM with the Manifest clerk to enable processing of bills of entry not cover under EDI system.

PROCEDURE FOR CLEARANCE OF BILLS OF ENTRY UNDER EDI SYSTEM. 

a.

SUBMISSION OF CARGO DECLARATION AT THE SERVICE CENTRE

The declaration shall be made through the Custom House agents holding a valid licence under Custom House Agents Licencing Regulations 1984. The Importers shall also have the option to file Bill of Entry on self-basis.  In these cases specific permission has to be obtained from AC-Imports.  Such ‘SELF’ importers shall indicate their designation and name of the person signing the declaration as prescribed in Annexure I.

b.

The schedule of charges for data entry in the import service centre shall be as follows :

a.     Entry of a Bill of Entry having upto 5 items          :  Rs.60/-

b.     Each additional block of 5 items                        :  Rs.10/-

c.     Amendment fee                                                :  Rs.20/-

d.     Re-assessment                                                :  Rs.20/-

            e.     For IGM entry                                                   :  Rs.50/-

f.      Third copy of check list                                      :  Rs.10/-

g.     Charges for additional enquiry                             :  Rs.5/-

c.

The above charges include cost of data entry, stationery for printing of Bill of Entry, query reply of two queries.  

d.

The CHA shall present the import declaration in the format as prescribed in Annexure I at the Service Centre. Certified copies of the following documents shall be enclosed along with the declaration.
             i.           Invoice
             ii.          Packing list

Once the IGMs are filed in the Customs Computer System, whenever a bill of entry pertaining to any line in the said IGM is filed, the system will cross verify the details of IGM Nos., the airway bills etc. and the bill of entry would be accepted only if the relevant particulars match with those in the IGM.If any bill of entry is not accepted by the system, the importers/CHAs should verify whether the IGM Nos. or the Airway Bill Nos. has been correctly furnished in the Annexure I submitted by them.The bills of entry would be accepted by the System only if correct particulars of the IGM and the Airway Bills have been indicated.

e.

The claim for assessment shall be made against each item of the invoice.If there is more than one invoice, information shall be made available for each item invoice-wise i.e. complete information of items in one invoice must precede information of items in the second invoice.

f.

If the particulars of classification are same for the next item the word “Do” shall be put below the first entry.

g.

RITC Nos. shall be in 8 digits, CTH and CETH shall be in 6 digit sub-headings without any decimal in between (e.g. 860110 as opposed to 8501.10).The format for notification shall be 201/81, 083/93.The notification shall be the parent exemption notification and not the amending notification.

h.

In respect of goods for which benefit of notification no.23/98 Cus dated 02.06.98 is claimed, in the column ‘Generic description’ of Annexure I being filed in the Service Centre, details should also be given for list No. and the serial no. in list.  This will be in addition to the generic description of the item.   The Service Centre operators will feed first the list no. and serial no. of the list in this column and if there is space left, generic description may be given.  For example, Nebulizers are covered at S.No.244 of the Table of Notification No.23/98 (list 22 Sr.No.19).   The information should be furnished in the column for generic description and Notification No. as follows :  

Generic-description                     CTH               Notfn./YearSr.No.

L22/19 Nebulizers                     9018            23/98  Sr.No.244

i.

The form containing the declaration (Annexure-I) shall be received only if it is complete in all respects and legible.  The declarations can be presented at the Service Centre between 10.00A.M. to 4.30 P.M. on all working days

j.

After data entry by the service centre operator and before submission of a B/E, a checklist shall be taken by the operator and given to the CHA for authenticating the correctness of the entries.  The CHA shall authenticate the entries and return the checklist with his signature confirming that the entries are correct.  The operator shall then submit the B/E in the system.  The operator shall retain the original declaration.

k.

The submitted Bill of entry shall be given a B/E no. generated by the computer system and the same shall be endorsed on the check list and returned to the CHA/Importer.

ENQUIRY

a.

The CHA may make enquiries about the status of any B/E at the enquiry counter of the service centre.

b.

 In case of objections/queries, a print of the same may be given to the CHA on written request.The CHA may furnish his reply in writing.   The reply shall be entered in the system.  

GREEN CHANNEL FACILITY

a.

Eligible importers can request for Green Channel clearance by making request at the time of filing the Declaration Form (Annexure-I).  They will have to enter “Y” against S.No. 14(B) of the Declaration Form.  The Bill of entry will be processed in the normal course and if the A.C. Imports/A.C. (Examination) approves the Green channel clearance. The Shed Appraiser would allow release of the goods; if the documents submitted by the CHA/Importer are otherwise found in order.  This would mean that physical examination of the goods would not be conducted.

b.

 The decision of the A.C. (Examination) in matters of Green Channel Clearance would, however, be final.

PROCEDURE IN THE CASE OF FIRST CHECK

a.

In the case of first check examination order, at the data entry stage the appropriate column in the B/Entry format should be flagged ‘Y’ and the reasons for the request for the first check should also be duly entered.  With the introduction of this facility, first check requests will no longer be entertained manually except in cases where the importers do not have any information regarding description/value of goods (Sec. 46(i) cases).

b.

If the first check examination order has been given a print of the first check unassessed copy of the B/E with examination order and other instructions shall be given to the CHA.  The CHA shall put his signature on the printed B/E declaring truth of contents.  After obtaining the location of the goods from the Airport Authority, shall present the B/E at the registration counter of the Customs in the import shed.   The B/E shall be registered in the EDI system by the registration officer of the customs and the same shall be passed on to the concerned shed appraiser for examination of the goods.  The CHA/Importer shall present the B/E at the examination shed for examining the goods along with all-original import documents, technical literature etc.   After carrying out the examination order the shed staff shall endorse the examination report on the B/E, also in the system and attest the catalogue etc., found with the goods.  The importer shall present the hard copy of the B/E on which the examination report has been written to the Assessing appraiser for completing the assessment on the system.   After assessment the hard copy shall be returned to the CHA.  The customs copy of the B/E along with the examination report and three copies TR-6 challan where required shall be printed and given to the enquiry counter of the service centre.

c.

Igned copies of the TR-6 challan (document meant for payment of duty) shall be submitted by the CHA/Importer along with the duty amount to the bank.

SECOND CHECK APPRAISEMENT

a.

After the B/E is electronically submitted the assessment shall be made on the basis of declaration and claims made by the importer/CHA.  In case the assessing officer does not agree with the importer regarding tariff classification/notifications/declared value etc., he shall record a query for the importer/CHA to reply.  In case the importer agrees with the classification/valuation proposed by the assessing officer, the B/E would be assessed accordingly.  However, where the importer disputes the proposed assessment, principles of natural justice would need to be followed before finalising the assessment.

b.

On enquiry through the Service Centre, Customs copy of the B/E along with the TR-6 challan where required and examination order shall be printed and given to CHA/Importer.

SYSTEMS APPRAISAL

a.

In a number of cases the appraisement of bills of entry will be done automatically by the system itself and not by the appraiser

b.

Bills of entry in respect of the items under system appraisal would be assessed by the “System” immediately on their presentation, a customs copy of the printout, three copies of TR-6 challan where required and examination order will be available to the importers/CHAs for getting the goods examined and obtaining ‘out of charge. All the bills of entry which are appraised by the ‘”System” would be audited in the Shed before being given “out of Charge”.   For this purpose, one of the Audit officers is being posted at the examination Shed – while he would be auditing the bills of entry assessed by the officers on the EDI system he will, in addition, also audit bills of entry which have been assessed by the “System”.  This procedure will be followed in respect of all bills of entry, which have been assessed by the “System”.  In so far as the NMI DEC cases (e.g. Customs Notification no. 51/96 dated 23.07.96, 39/96 dated 23.7.96 & 23/98 dated 2.6.987) are concerned, the debiting of the Pass Book etc. would be required to be done by the Shed officers in the Import Shed.>Examination of such goods would be carried out as per prescribed norms.  An appraising officer will be specifically assigned by the Assistant Commissioner (Examn.) to deal with NMI/DEC cases in addition to his normal examination work.

EXECUTION OF END USE UNDERTAKING AND BONDS

a.

End use undertakings and bonds shall be accepted manually by the assessing offices as is being done at present.
PAYMENT OF DUTY

a.

With the introduction of Computerisation and processing of bills of entry electronically, based on EDI only the State Bank of India, Meenambakkam Branch has been designated to receive Customs duty and other Customs dues.

b.

he Bank has been linked with the Customs computers and it will electronically transfer the amounts to the Customs Head of Revenue A/C.

c.

After the assessment is completed and the print of the assessed Customs copy of the B/E obtained by the CHA/Importer at Service Centre, the CHA shall present the copies of the TR-6 challan to the Bank for payment of duty.

d.

The Bank shall enter the particulars receipt of amount in the system and return two copies of the challan to the CHA/Importer duly stamped signed.

e.

Importers can pay the duties / dues by cash or DD or both.However, they are advised to open accounts in the aforesaid designated Branch of the bank and give standing advice to the Bank to debit the Customs duty from their accounts for credit to the Customs Head of A/C so that immediately on assessment of the Bill of entry, the amount of duty is paid on the goods and clearance effected without loss of time.

ALERT VERIFICATION

After receiving the single printout of the un-assessed Bill of Entry from the Service Centre (in respect of first – check cases), or the final printout of three copies of the B/E before the examination of the goods for alert check,the DEOs (Alert) will verify from the alert register / PC whether there is any alert issued in respect of the importer, item of consignment. The DEO will stamp the un-assessed copy of the B/E (in respect of first check cases) or the Customs copy of the B/E (in respect of second check cases), as the case may be after recording the factual position and return the same to the CHA/Importer, who will then approach the Shed Appraiser for examination of the consignment.

EXAMINATION OF GOODS AND DELIVERY

a.

In the case of first check the goods shall be examined as stated above in paragraph 8.2.

b.

In the case of second check appraisements, the CHA/Importer shall first register the goods for examination in the manner stated at para 8.2. Thereafter, the CHA/Importer shall put his signature on the printed copies of the B/E, declaring the contents to be true and present the copies of the B/E along with Duty paid challan and other documents, duly certified to the Shed appraiser.The documents shall be arranged in the file cover in the following order

  • Duty paid challan
  • First check copy of the Bill of Entry assessed under first check assessment scheme;
  • Examination order;
  • Finally assessed Bill of Entry;
  • Invoice / Packing List; (original)
  • Cetificate of origin; (orginal)
  • Examption certificate in original, when concession in duty has been claimed based on any certificates under any Notification.
  • Copy of Bond or Undertaking executed, if any;
  • Bill of Entry declaration;
  • GATT declaration;
  • Copy of Delivery order;
  • Master Bill of Landing / AWB;
  • House Bill of Landing / AWB;
  • Technical Literature etc.
  • Written order for Green channal permission if any;
  • ADC claerance where required;
  • Any other documents required.

In case the number of invoices is more than one, then the invoice/packing list and related documents to that invoice, should be placed below the related assessment sheet of the Bill of Entry and not by bunching all the invoices at the end.

c.

All the above documents will be retained by Customs at the time of giving ‘out of charge’.As such the certified xerox copies of delivery order, Master Airway Bill, Home Airway Bill should be attached instead of original, as all these documents will be retained by the department and none of these will be returned to the Importer/CHA.

d.

The Bills of Entry assessed on second appraisement, should be presented to the shed only after necessary bonds/undertakings or the Central Excise Certificate etc., wherever required are executed and detached by the Appraising Group and are ready for examination and giving customs “Out-of-Charge”.

e.

The Shed Appraiser shall debit import Licenses and End Use Certificates after verification.  The audit of licence debits shall be done manually by DOS (Audit) before “Out-of-Charge” is given.

f.

The Shed Examiner shall examine the goods and enter their report in the system as well as on the hard copy of the Bill of Entry (Customs copy).The signature of the CHA/importer shall be obtained on the report, as token that the goods have been examined in his presence.Name of the CHA/importer should also be recorded along with his I-Card No.

g.

In case any query is to be raised at the time of examination it should be raised manually in the Bill of Entry, with the approval of Asst. Commissioner (Examination).The importers then furnish his reply and resubmit the Bills of Entry in the Import Shed for further processing.In view of his reply to the query, if the Shed Appraiser feels that the Bill of Entry requires reassessment, then he may forward the same back to the concerned group through the A.C. (Examination), with his comments.On the basis of the examination report, the report/comments offered by the Shed, the group might revise the assessment or even raise a further query, if necessary.

h.

After completing the examination of the goods, the Shed Appraiser would give order of clearance.

i.

After the order of clearance on the computer terminal, the importer’s copy and Exchange Control copy of the Bill of Entry will be printed along with the order clearance (in triplicate) and the examination report in the Import shed itself.The print copies of the Bill of Entry shall bear the order of clearance number and name of the examining Appraiser.The importer’s copy and Exchange Control copy of the Bill of Entry along with two copies of the order of clearance shall be returned to the importer at the counter after the Appraiser has put his signature.One copy of the order of clearance will be attached to the Customs copy of the Bill of entry retained by the shed Appraiser.

j.

The importer shall present the remaining two copies of the order of clearance to the custodian along with the importer’s copy of the Bill of Entry. The AAI shall issue the Gate Pass after verification of the correctness of MAWB, HAWB and number of packages etc.At this stage one copy of the order of clearance shall be returned to the importer/CHAs after enclosing the Gate Pass No. and date on the same.

k.

The Importer/CHA will present the Importer’s copy of the order of clearance to the Customs Officer at the Gate along with importer’s copy of the Bill of Entry and the AAI Gate pass.After inspecting the packages, the order of clearance copy will be retained by the Gate Officer after endorsing number of packages cleared against the order and the copies of the Bills of Entry and Gate Pass shall be returned to the importers.

l.

The Customs copies of the Bills of entry shall be arranged in the order of Serial Number of the order of clearance and shall be preserved in the Import shed for 7 days to take care of part deliveries.After completion of seven days, the Bill of Entry will be deposited with the MCD for CRAD Audit and record.

AMENDMENTSOF IGM/BILLS OF ENTRY

a.

AMENDMENT IN IMPORT GENERAL MANIFEST

The person in-charge of the conveyance i.e., airlines would be required to submit a written request to the Asst. Commissioner (Imports) seeking amendment of IGM particulars giving the reasons therefor.If satisfied, the A.C. (Imports) may carry out the amendment on the system through the module provided for this purpose.

b.

AMENDMENT OF BILL OF ENTRY

In case of any errors noticed after submission of Bill of Entry, but before examination of goods the CHA/Importer may seek amendment of the Bill of Entry through the Service Centre after obtaining the approval of the A.C. (Imports-Appg. gp)

It may be emphasised that no amendment in the Bill of Entry particulars and consequent reprints shall normally be allowed after out of charge has been recorded in the system.An amendment of the Bill of Entry after out of charge may be allowed as follows : If the provisions of Sec. 149 of the Customs Act 1962 have been complied with; If the request for amendment is made within four months of filing of the Bill of Entry; The permission of the Additional/Dy. Commissioner of Customs is obtained; and The importer produces the duplicate as well as the exchange control copy for cancellation before amendment is carried out and fresh print outs are generated

c.

SECTION 48 CASES

Data entry in section 48 cases shall be done as usual.   The B/E No. shall be assigned after permission by the Assistant Commissioner

d.

ADVANCE CUSTOMS CLEARANCE SYSTEM

Consequent upon the amendment of Section 46 of the customs Act, 1962 by the Finance (No.2) Act, 1996, it is now possible to present a Bill of Entry even before the arrival of the aircraft bringing the imported goods. As per the amended provisions, a Bill of Entry may be presented before the delivery of the import manifest, if the aircraft by which the goods have been shipped is expected to arrive within 30 days from the date of presentation.The necessary arrangements have accordingly been made in the CustomHouse for processing theBills of Entry filed in Advance of the arrival of the aircraft of filing of the import manifest

Any person may file a Bill of Entry under the Advance Customs Clearing Systems if he has the copies of the AWB and the invoice for preparing the Bills of Entry.The Bill of Entry would be filed and assessed in the same manner as the regular Bill of Entry.However, instead of generating 3 copies of the Bill of entry and duty payment challan, the system will generate a single copy of the Bill of entry to inform the importer about the assessment details.The final print out containing 3 copies each of the Bill of Entry and challan would be generated after the IGM details are entered after arrival of the goods.If there is any change in rate of duty, the Bill of Entry will be reassessed.

It may be clarified that an advance Bill of Entry would be valid only if the aircraft bringing the goods arrives within 30 days from the date of presentation of the advance Bill of Entry.If there is a delay beyond 30 days, in the arrival of the aircraft, the Bill of Entry shall not be valid and fresh Bill of Entry would have to be filed.It may also be noted that the rate of exchange to be applied for calculating the value of the goods shall be the rate prevailing at the date of filing the Advance Bill of Entry.   If, however, the aircraft bringing the goods arrives beyond 30 days of the filing of the Advance Bill of Entry, a fresh Bill of Entry would need to be filed and the rates of exchange would be the rate prevalent on the date of filing of such a fresh Bill of Entry.

The rate of duty applicable to goods sought to be cleared against Advance Bill of Entry would be as applicable on the date of arrival of the goods and not on the date of filing the Bill of Entry.