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Circulars
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Clearance of containers and imported goods – regarding
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Gate pass security: computerised out of charge orders and surprise checks to prevent customs duty evasion.
Commissioners must implement a gate management system with surprise checks by Dock and SIIB officers to verify gate pass authenticity; computerize Out of Charge orders except in rare genuine cases; keep specimen signatures at gates; secure manual gate pass booklets, stationery and stamps; and verify Bill of Entry particulars. Noncompliance will attract accountability and instructions must be promulgated via Standing Orders or Public Notices.
Import of Pets by Passengers - Regarding
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Pet import controls require verified permits and health certificates; airlines must secure quarantine clearance before carriage.
Passengers may import bona fide pets only on production of an import sanitary permit or import licence; certain limited imports of dogs and cats additionally require a health certificate from the country of origin and quarantine officer examination. Airlines must obtain advance NOC from Animal Quarantine and Certification Services and verify required permits and health documentation before booking or lifting animals, failing which the carrier will be held responsible for return or deportation and associated costs.
Declaration of full description of Furniture–reg.
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Full description requirement for imported furniture: mandatory material, size, weight and MRP details; non-compliance attracts penalty.
Importers filing Bills of Entry for furniture under headings 9401-9404 must provide a full description specifying constituent materials for frame, filling and upholstery; sizes, brand/model, item weight in kilograms; Maximum Retail Price; and the Unit Code from the Customs Tariff First Schedule. Incomplete descriptions or incorrect Unit Quantity Codes will be examined on first check, assessed after amendment, and amendments due to non compliance will attract penalty provisions under the Customs Act, 1962.
All Industry Rates of Duty Drawback 2012-13 - Reg.
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All Industry Rates of Duty Drawback updated; exporters must follow new rates, caps, composite-rate rules and service-tax adjustment.
Notification of the All Industry Rates (AIR) of Duty Drawback 2012-13 takes effect 10 October 2012 and revises drawback rates using inputs such as input prices, input-output norms, import shares, FOB export values, excise and customs duties, service-tax incidence on input services, and fuel duty. The Schedule adjusts rates and tariff entries-raising many AIRs, reducing some (including DEPB-derived entries), reworking the residuary rate into composite/customs components, assigning or modifying drawback caps in selected cases, creating separate tariff entries and unit changes, and restoring drawback for specified items. Composite rates are subject to restrictions where Cenvat or excise rebates apply. The Board directs perusal of the Schedule, cautions against double refunds of service tax, and requests reporting of errors and issuance of guidance.
Transhipment of Courier Shipments to other Customs Airports - reg.
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Transhipment of courier shipments: bond, custody and manifest requirements govern authorised inter airport air transfers and proof of landing.
Transhipment from Bangalore to specified Customs Airports is permitted for Authorized Couriers under the Customs Act and relevant transhipment and courier regulations, conditional on an application with airway bills, payment of the fee, compliance with segregation, X ray and double lock storage procedures, and execution of a bond or mother bond with a bank guarantee; the bond is debited on transhipment and discharged on production of a Customs certificate of safe landing from the destination, with penalties for failure to account for unloading or shortages.
CFS of Sattva Conware Pvt. Ltd. notified as Customs Area
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Customs area designation enables supervised examination, stuffing and sealing of FCL import and export containers under customs control.
Designation declares M/s. Sattva Conware Private Limited premises at Ponneri a CUSTOMS AREA for examination and clearance of FCL imports (excluding LCL and unaccompanied baggage), authorises movement of such containers from Chennai Port to the CFS, and provides for customs-supervised stuffing/loading of export cargo and sealing. The notice sets out facility area and warehouse demarcation and requires compliance with prior Public Notices and the Handling of Cargo in Customs Areas Regulations, 2009.
Certification/Updation of Carrier Agencies and CHA Directories for implementation in ICES 1.5 : reg.
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Registration of carrier agencies moved to EDI Policy Section; future applications must be submitted there for ICES upgrade.
Responsibility for certification and updation of carrier agencies and CHA directories for ICES implementation is now vested in the EDI (Policy) Section, New Custom House, Mumbai; all future registrations and record updations for carrier agencies operating at Air Cargo Complex, Sahar, must be submitted directly to the EDI Policy Section, New Custom House.
Chandra CFS and Terminal Operators Pvt. Ltd. — Additional Area notified as Customs Area
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Customs area designation expands to include additional CFS land for supervised handling of FCL import and export cargo.
Declaration designates an additional area of the Chandra CFS as a customs area for examination, clearance, stuffing/loading and sealing of Full Container Load import and export cargo under Customs supervision, excluding LCL cargo and unaccompanied passenger baggage; procedures are to follow the Handling of Cargo in Customs Area Regulations, 2009 and related public notices.
Appointed as Custodian for import of bulk cargo - Ennore Tank Terminal Pvt. Ltd.
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Custodian appointment for bulk cargo establishes custody and compliance obligations under customs law.
Appointment as Custodian of imported bulk cargo at Ennore Tank Terminal is effected under Section 45(1) of the Customs Act, 1962: M/s. Ennore Tank Terminal Pvt. Ltd. is designated to hold custody of bulk cargo stored in tanks at Ennore Port until goods are cleared for home consumption, warehoused, or transshipped under Chapter VII of the Customs Act, 1962. The custodian must comply with the Handling of Cargo in Customs Areas Regulations, 2009 and the Customs Act while goods remain under customs control.
Procedure for Unaccompanied Baggage declaration under Indian Customs EDI System at Custom House, Tuticorin
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Unaccompanied baggage EDI declaration speeds customs clearance, requiring BD filing, verification, payment and out-of-charge endorsement.
Implementation of an Unaccompanied Baggage EDI module requires passengers to file a revised Baggage Declaration at a Service Centre where data is entered into the Customs EDI System on payment of a prescribed fee, a Check List is printed for verification and authorization, and the Inspector examines passport and baggage before forwarding the BD online to the Superintendent. Where no TR benefit or adjudication is required, a final BD or challan is issued for payment of duty, fine or penalty and the Superintendent grants an out of charge endorsement, after which the passenger proceeds to the CFS for gate pass and delivery.
Making E-Payment mandatory for ACP Clients and Importers paying Customs duty of more than 1 Lakh
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E-payment mandate for accredited clients and high-duty importers requires electronic payment and readiness for systems changes.
E-payment is mandated for importers under the Accredited Clients Programme and for importers paying customs duty above the prescribed threshold per bill of entry, aligning local practice with the referenced central circular and requiring trade associations to ready members for software or procedural changes; EDI and systems contacts are listed for clarification and implementation difficulties are to be reported to the Commissioner of Customs (Imports).
Grant of exemption from furnishing Security/Bank guarantee by Central/State Government Undertakings for storing sensitive goods in private bonded warehouses – regarding.
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Exemption from bank guarantee: public sector undertakings exempted from security for storing sensitive goods, bond obligations remain.
The Circular exempts all Central and State Public Sector Undertakings from furnishing a bank guarantee or other form of security for storing sensitive goods in duty free shops they operate, while maintaining the obligation to execute a double duty bond and to comply with other licensing conditions under the private bonded warehouse procedure; public notice and standing order publication is directed and implementation difficulties must be reported to the Board.
Verification mechanism and monitoring of export obligation under duty exemption/ reward Schemes- reg.
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Address verification and utility-bill checks required to confirm installation and operation of imported capital goods under duty-exemption schemes.
Customs must conduct random address verifications for EPCG, DFIA and Advance Authorization authorizations, preferably via Central Excise authorities, and ensure submission and random checking of Installation Certificates for capital goods. For EPCG verifications, Central Excise authorities are required to include periodical utility bills bearing the address as a means to verify installation and operation of imported capital goods. Commissioners should issue standing orders or notices to ensure these verification procedures are followed.
Making E-payment of Customs duty mandatory-regarding.
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Mandatory e-payment of customs duty requires specified importers to pay duties electronically, prompting trade to update systems and procedures.
E-payment of customs duty is made mandatory for importers registered under the Accredited Clients Programme and for importers paying customs duty at or above the prescribed per-Bill of Entry threshold, effective from the notified implementation date; Chief Commissioners must publicise the change, assist trade in updating software and procedures, and issue Public Notices or Standing Orders to guide traders and officers in adopting electronic payment.
Appointment of Custodian of Imports for Chettinad Coal Terminal
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Custodian appointment under customs law: operator tasked to hold and manage imported bulk cargo pending customs clearance.
A private terminal operator is appointed as Custodian of imported bulk cargo at the coal terminal under statutory customs powers, required to hold goods until lawful clearance for home consumption, warehousing, or transshipment, and to comply with applicable cargo handling regulations and the Customs Act, thereby imposing operational custody and compliance obligations on the operator.
Order of the Supreme Court in Writ Petition (Civil) No. 657 of 1995 in the matter of Research Foundation for Science, Technology & Natural Resource Policy Vs Union of India (UOI), relating to Ship-breaking- regarding.
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Ship breaking procedures require pre-arrival documentation and staged customs review leading to anchorage and beaching permissions.
A controlled regime pending the Ship Recycling Code requires submission of specified ship identity, crew, measurement and hazardous-waste assessment documents for desk review by Customs in consultation with GMB and GPCB; the authorised Customs officer must complete desk review, communicate permission or refusal to GMB and the ship owner, copy the jurisdictional Assistant/Deputy Commissioner, and permit expedited review and appeal within prescribed short timelines while other agencies oversee boarding, physical verification and beaching decisions.
Applicable rate of CVD on imported Fertilizers-regarding.
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Concessional CVD on fertilizers clarified: concessional duty applies when imports are for fertilizer use despite basic duty concession.
The circular clarifies that where Notification No. 12/2012 Customs shows a dash for CVD, the excise duty rate applies unless an express concessional CVD is provided; the concessional CVD in S. No. 200(ii) for goods to be used as fertilizers applies even if a concessional basic customs duty under another serial number is claimed, and Notification No. 46/2012 Customs was issued to prescribe the effective CVD rates against the relevant serial numbers for clarity and compliance.
New Manual Bill of Entry Module for DTR (Daily Trade Return) purposes–reg.
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Manual Bill of Entry reporting: MBEs must be entered into ICES 1.5 by TA/STA using allocated MBE role.
Recording of Manual Bill of Entry data must occur in both the Manual LAN system and ICES 1.5 for DTR purposes: TA/STA at Docks shall enter Manual Bills of Entry into the ICES 1.5 thin client using their SSO-ID after Out-of-Charge and record duty payment details; Import Noting and Cash Section continue existing noting and duty-entry practices. The MBE role must be allocated to TA/STA SSO-IDs and data from both systems will be analyzed for revenue and statistical reports.
Procedure for disposal of unclaimed/ uncleared cargo under section 48 of the Customs Act, 1962, lying with the custodians – regarding
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Disposal of unclaimed cargo: prioritise investigation and adjudication so non prohibited goods can be auctioned promptly.
Commissioners must prioritise investigation, issuance of Show Cause Notices and adjudication for unclaimed or uncleared motor cars and negative list items so they do not remain uncleared; non prohibited goods may be disposed of by auction after adjudication, and standing orders or public notices should be issued to implement these measures.
Changes in ICES 1.5 to enable importer declare state and VAT/CST/Sales Tax registration number to avail benefit of notification on 21/2012-Cus dated 17.03.2012 (as amended).
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State destination and tax registration declaration required to claim notification benefits; importers must provide state codes and tax details.
Importers claiming benefits under notification 21/2012-Cus must declare the state of destination and the applicable VAT/CST/Sales Tax registration number for the state where goods will be taken immediately after importation. If exempted items in a bill of entry move to multiple states or under different tax types, state codes and corresponding commercial tax particulars for all relevant states must be declared. ICES 1.5 will be modified to accept these state codes and tax details; Service Centre and RES modules will be updated and RES message exchange documentation published on ICEGATE.

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