CUSTOMS CIRCULAR No.79/2001-Cus. Dated
Transhipment of cargo from
gateway ports to other ports/ICDs/CFSs – issuance of transhipment permit – reg.-
A number of references have been
received from the trade, stating that the existing procedure for issuance of transhipment permits for transhipment
of cargo from gateway port to other ports/ICDs/CFSs
is time consuming and that delays in transhipment add
to the transaction cost. It has been suggested that the system of issuance of transhipment permit should be done away with and that
containers mentioned in the IGM for transhipment to
another Customs station should be allowed to be transhipped
automatically.
2. The matter has been examined.
It is observed that once EDI is fully implemented and all the ICDs/CFSs are linked with the ports by the system, the transhipment of containers from the ports to ICDs/CFSs would be allowed automatically without any
procedural hassles. However, pending implementation of EDI connectivity, it has
been decided to simplify the procedure for issuance of transhipment
permit as mentioned below:
(a) The Customs shall introduce a single window system and will make use of a
personal computer (PC) for issuance of transhipment
permit. A negative list of shipping agents/carriers
who have violated the Customs law in the past or against whom an alert notice
is pending, shall be prepared and fed into the computer. The details of bonds
and bank guarantees executed by the carriers shall also be maintained in the
computer. The scrutiny of documents and issuance of transhipment
permit shall be
undertaken
by an officer, preferably an Appraiser/Superintendent appointed by the
Commissioner of Customs in this behalf.
(b) The shipping agents may file the IGM containing cargo meant for clearance
from different ports, ICDs/CFSs in different parts,
i.e. containers meant for transhipment to different
ports/ICDs/CFSs shall be mentioned in separate pages
of the IGM. This will facilitate checking by Customs at the time of issuance of
transhipment permit and it will avoid having to
enclose voluminous IGM with the transhipment permit.
Only relevant part of the IGM shall be enclosed with the transhipment
permit. Details of amendments of IGM in respect of cargo to be transhipped, made by the Import Department shall be made
available to the Appraiser/Superintendent dealing with the issue of transhipment permit, who may forward such details to the
destination Customs.
(c) The shipping agents shall submit application for transhipment
in prescribed forms (5 copies) alongwith copies of
relevant parts of IGMs to the
Appraiser/Superintendent, as is being done under the existing procedure.
However, instead of writing complete details of cargo in the application for transhipment, reference of relevant IGM may be made in the transhipment application by mentioning ‘details as per
part/page ……. of IGM No. ….… as enclosed’. The
shipping agents shall also submit
an
authorization from the carriers appointed for transportation of goods from
gateway port to othern ports/ICDs/CFSs,
so that issuance of transhipment permit and debiting
of bond and bank guarantee can be done simultaneously. The present practice of
filling of sub-manifest which is mere duplication of IGM,
shall be dispensed with.
(d) On receipt of the application from the shipping agent, the
Appraiser/Superintendent shall check whether the name of carrier/shipping agent
appear in the negative list. Transhipment permit may
be denied in case the name of the shipping agent figures in the negative list.
(e) In case the name of shipping agent does not figure in the negative list,
the details furnished by the shipping agent in the transhipment
form shall be scrutinised by the officer, and if
these are found to be in order, the officer shall debit the bond and bank
guarantee of the carrier on the basis of notional value of the goods as is
being done under the existing procedure. After scrutiny of the transhipment form and debiting of bond and bank guarantee,
the officer shall sign all the copies of transhipment
permit
and put a seal. A print out of bond and bank guarantee showing opening balance,
credit, debit and closing balance shall be taken from
the computer. One copy of the print out may be handed over to the shipping
agent and another may be kept for office record.
(f) Container numbers being transhipped against a
particular permit shall be entered in the computer, which will help in
reconciliation of landing certificates. The details of cargo in the containers
shall be verified with the help of IGM by the Customs at the destination
port/ICD/CFS. If any discrepancy is noticed, it will be recorded in the landing
certificate. The carrier shall bring the landing certificate duly certified by
destination Customs within the stipulated time and submit these to the officer
for giving
credit
in the bond/bank guarantee and for reconciliation of record. After crediting
the bond/bank guarantee, print outs shall be taken, a copy of which shall be
handed over to the shipping agent and another copy kept for office record. A copy
of landing certificate shall then be sent to Manifest Closing Department (MCD)
for closure of manifest in respect of containers transhipped
to other destinations.
(g) In case the landing
certificates are not produced within the stipulated time, the bond/bank
guarantee may be enforced.
3. The work relating to execution
of bonds by the shipping agents for re-export of transhipment
containers presently being handled by the Container Cell, shall be transferred
to the Appraiser/Superintendent dealing with the issuance of transhipment permits. However, the work relating to
maintenance of bond for re-export of containers to be cleared at the gateway
port itself, shall continue to be handled in the Container Cell. The shipping
agents shall execute running bonds with Assistant/Deputy Commissioner of Customs(Import) for re-export of containers to be transhipped to other port/ICD/CFS. The details of
bonds
executed by the shipping agents shall be maintained in the PC to be used for
processing of the transhipment permits. The running
bonds of shipping agents may be debited at the time of issue of transhipment permit and credited when evidence for
re-export of container is produced.
4. The existing procedure of
sealing of containers and supervision of loading of containers by Customs shall
continue. The collection of overtime for supervision of transhipment
shall be governed by the Customs (Fees for Rendering Services by the Customs
Officers) regulations, 1998 and instructions issued by the Board from time to
time.
5. The Commissioner of Customs
shall get a suitable software made with the help of
NIC or private consultant, to implement the above-said procedure within 15
days, In this connection, help of the Shipping Agents Association may also be
taken.
6. The above said simplified
procedure for issuance of transhipment permit shall
be applicable only for the containers manifested for transhipment
to other ports/ICDs/CFSs.
7. The above said instructions
may be brought to the notice of all concerned by issuing suitable Public Notice
and Standing Order.
8. Difficulties, if any, in
implementation of this circular may be brought to the notice of the Board.
Kindly acknowledge receipt of the circular.