The
undersigned is 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 the
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
transshipment 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 filling 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.
4. These
instructions may be brought to the notice of all concerned by way of issuance of
suitable Public Notice/Standing Orders.
5.
Difficulties, if any, in implementation of these instructions, may be brought to
the notice of the Board. Kindly acknowledge receipt of this Circular.
Sd/- |
|
(Rajendra
Singh) |
|
Under
Secretary to the Government of India |