OFFICE OF THE COMMISSIONER OF CUSTOMS IMPORT
NEW CUSTOMS HOUSE, BALLARD ESTATE, MUMBAI: 400 038
P.N.NO. 58 /2001
Date: 08.05.2001
IMP SUPPLY NO.10/2001
EXP SUPPLY NO.10/2001
DT.14/5/2001
PUBLIC NOTICE NO 58/2001
Sub: Movement of containerised Cargo to ICDs/CFS from Gateway
ports-reg.
Attention of the importers, Steamers Agents, Custom House Agents and
all other concerned is invited to the Customs House P.N .No.93/99 dated
17.08.99 laying down a modified procedure for issuance of Transshipment
permit, whereby Steamer Agent were required to submit invoice of each
consignment in the Sub-manifest for the purpose of working out the
value and duty liability of the Transhipment Cargo, Against the said
Public Notice a number of references I representations were received
from the trade as well as the Ministry of Commerce. Considering these
representations, the implementation of the said P.N. was kept in
abeyance vide P.N.Nos. 99/99 dated 17.08.99, 100/99 dated 15.05.99,
112/99 dated 20.10.99, 121/99 dated 08.11.99, 130/99 dated 09.12.99 und
OS/2000 dated 07.01.2000.
2. To sort out the issue, a meeting was held on 9.6.2000 under the
chairmanship of the Member (Customs), which was attended by the
officers of the Department, Ministry of Commerce, CONCOR, CWC as well
as the representatives of Steamer Agents/ Shipping lines. In the
meeting, it was decided that the Steamer Agent would not be asked to
submit the copies of Invoice of the cargo which is to be transhipped
from Gateway ports to ICDs/CFSs. Transhippers would instead be required
to execute Bonds based on National value arrived at on principles as
prescribed for Transhipment through Coastal Vessels. The amount of bond
required to be given for each container load is Rs.6 lakhs (Rs.Six
Lakhs ) in such cases.
3. In view of the above, it has been decided that for the transhipment
of containers from
gateway ports to ICDs/ CFSs a bond with security of 25 percent of bond
value shall be
taken from the carries. To avoid multiplicity of bonds, the carriers
may execute mother
bonds instead of individual bonds. Such bonds will be accepted and
maintained by the
Commissioner of Customs at the port of origin. The mother bonds will be
like running
bonds. The mother bonds can be debited at the time of transhipment of
import/ export
containers at the port-of origin, and these will be credited on receipt
of proof of safe landing of containers at the port of destination. The
value of mother bond can be arrived on the basis of the average number
of containers carried per trip, the time taken for submission of proof
of safe landing of containers at the destination ICDs/CFSs, frequency
of such transhipment as well as average value of cargo per containers
transhipped in the past.
4. To avoid blockage of huge sum of carriers money towards security
furnished to Customs, it has been decided that the bank guarantee so
furnished shall be released as soon as proof of safe landing of
containers at destination ICDs / CFSs is submitted by the carriers,
Although, the bond taken from the carriers will be in the nature of
running bond, the bank guarantee furnished towards, security may be
taken for each trip and released after receipt of proof of safe landing
of containers carried in that trip at destination ICDs/ CFSs. The bond,
therefore, will be of the nature of a running bond but security can, be
furnished for each trip separately. This will reduce the burden on
carriers and at the same time revenue will be safeguarded.
5. The facility of mother bond mentioned above shall be optional. The
carrier shall be
free to execute bonds and security for each trip or execute mother bond
as they wish.
6. The import department shall accept the Bond /Bank Guarantee and
maintain the account In so far as It relates to the transhipment Cargo
and shall also monitor the accountal of the Cargo by the
agents/Carriers by producing landing certificate from the Customs I
authorities at destination ICDs/CFS. In the event of failure on the
part of the agents/carriers/importers to account for the transhipped
Cargo within one month of within
such extended period not extending 3 months, as may be granted in
deserving cases, the
import department shall taken appropriate action to enforce the Bond
/Bank Guarantee to
recover the duty/fine/penalty leviable in respect of the unaccounted
goods.
7. The present procedure prescribed for transhipments shall otherwise
remain uncharged.
(D.K.ACHARYYA)
CHIEF COMMISSIONER OF CUSTOMS
NEW CUSTOMS HOUSE
MUMBAI
Issued from F.No. S/I-417/2000 Import.