Customs Circular
No.35/2007-Cus dated 28.9.2007
Misuse of unaccompanied baggage facility-
regarding.
Kind attention is invited to the Minutes of the Chief Commissioners’ Conference
held in Bangalore in December, 2006, wherein the issue of misuse of the facility
of unaccompanied baggage was discussed (Item No.7-iii). It is reported that a
single passenger arriving into India brings goods said to be belonging to
several other persons as his unaccompanied baggage and that clearance of all
such goods was being permitted at some of the airports/Customs station without
invoking any penal provisions. Colloquially this is referred to as “door-to-door
delivery” traffic. It was clarified during the meeting that only ‘bonafide
baggage’ of that passenger is allowed for import either along with the passenger
or as his unaccompanied baggage. It was decided that the filed formations would
be alerted about this misuse.
2. It is, therefore, reiterated that all the provisions of Customs Act, 1962 and
Baggage Rules, 1998 are applicable to unaccompanied baggage as they are
applicable to baggage (accompanied), except the free allowance which is not
available for unaccompanied baggage. Hence, it may be ensured by the officers
attending to the clearance of the unaccompanied baggage at all customs stations
that “bonafide” nature of the baggage is established before allowing clearance.
The exceptions relating to various restrictions as provided in Rule 3 (i) of
Foreign Trade (Exemption from application of Rules in certain cases) Order, 1993
in respect of baggage, specified goods including consumer electronic items etc.,
are part of the facilitation measures available to passenger in respect of his
personal effects and hence, the same cannot be allowed to be used as means to
circumvent the legal provisions applicable to normal imports.
All cases of import of unaccompanied baggage other than in the nature of
“bonafide” baggage have to be adjudicated for levy of fines / penalties for
violation of the Foreign Trade Policy.
3. You are, therefore, requested that instructions may be issued to alert the
field formations about the misuse of unaccompanied baggage facility as above.
F. No. 495/6/2007-Cus.VI
Yours faithfully
(M.M. Parthiban)
Director (Customs)
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