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Compliance of "Handling of Cargo in Customs Areas Regulations, 2009" by Port Terminals, CFSs, Shipping Lines and Transporters to reduce the dwell time for clearance of imported / export goods
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Cargo handling compliance mandates timely container evacuation and transparent charges to reduce dwell time in customs areas.
Port terminals, CFSs, shipping lines, transporters and other Customs Cargo Service Providers must comply with the Handling of Cargo in Customs Areas Regulations, 2009 by providing adequate infrastructure, equipment and manpower, publishing schedules of charges, making movement information available, and accepting Commissioner-specified facilities. To reduce dwell time, port terminals must ensure imported containers are removed within 24 hours of Entry Inward, issue advance arrival intimations, implement ICES gate modules, record gate-out time of vehicles, and report defaults for action under the Regulations.
Removal of mandatory warehousing requirements for EOUs, STPIs, EHTPs etc. - Amendment to Notification 52/2003-cus dated 31.03.2003
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Removal of mandatory warehousing requirements for export-oriented units replaced by digital records and procurement certificate regime.
Mandatory warehousing provisions for EOUs, STPIs, EHTPs and similar units have been removed, de-licensing them as warehouses while preserving the duty-exemption conditions of Notification 52/2003-Cus and the FTP. Units must maintain prescribed digital records with an audit trail of receipts, storage, processing and removals, furnish monthly transaction copies to the proper officer, and use procurement certificates and reconciliation procedures in place of re-warehousing certificates and bond-to-bond movements for inter-unit transfers.
Regarding non levy of Anti Dumping Duty while filing online Bills of Entry
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Self-assessment of Anti Dumping Duty requires importers and CHAs to declare leviability; non-declaration invites penal consequences.
Importers and Customs House Agents must correctly declare the leviability of Anti-Dumping Duty when filing Bills of Entry under the self-assessment regime; incorrect or omitted declaration discovered during examination or audit will attract penal action under the Customs Act and related provisions.
Single Window Project —Implementation of Risk based selectivity criteria for clearance of consignments related to Participating Government Agencies (PGAs)
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Risk-based selectivity: low-risk consignments exempted from participating agency NOCs under Single Window, subject to RMS instructions.
The Single Window's Risk Management System applies risk-based selectivity for PGA involvement: low-risk consignments will have PGA NOCs waived with a system prompt on the Bill of Entry, and manual referrals in such cases require Assistant/Deputy Commissioner approval. The RMS will issue on-screen instructions for documentary checks, inspections, and sample drawal per PGA-delegated authority. Importers and brokers must accurately declare product details and intended end-use to enable correct automated processing.
Guidelines for launching of prosecution in relation to offences punishable under the Customs Act, 1962
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Prosecution timing: offences involving Gold and other restricted items may prompt immediate proceedings after show cause notice.
The guidance provides that, while prosecution normally follows completion of adjudication proceedings, offences involving Gold, foreign exchange notes (FEN), arms, ammunitions and explosives, antiques, art treasures, wildlife items and endangered species of flora and fauna may preferably attract prosecution immediately after issuance of a show cause notice.
Single Window Project-Implementation of Risk based criteria for clearance of consignments related to Participating Government Agencies (PGAs)-reg.
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Risk based selection for PGA clearances requires modified RMS and enhanced plant quarantine declaration requirements.
Risk based selection for NOC processing by RMS applies to consignments involving Participating Government Agencies and NOC or waiver status will be printed on the first/out-of-charge copy. For Plant Quarantine, the PLC qualifier must include Info_code plus the prescribed Unit Quantity Code; an inspection date must be provided in the Control Table with the specified control type and result codes, user values in control location, control start date as inspection date, and invoice and item numbers set to zero.
Regarding non levy of Anti Dumping Duty while filing online Bills of Entry- reg.
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Self-assessment obligation: importers must declare anti-dumping duty liability on online bills of entry or face penal action.
Importers and CHAs must, under the self-assessment regime, correctly declare the leviability of Anti Dumping Duty in online Bills of Entry; failure to declare or pay applicable ADD detected during examination or audit will attract severe penal action, and any implementation difficulties should be reported to the Commissioner.
Review of entity based facilitation programmes viz. Accredited Client Programme (ACP) and Authorized Economic Operator (AEO) programme - Revised guidelines
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Authorized Economic Operator programme expanded into a three tier facilitation scheme offering entry, payment and procedural benefits for compliant traders.
Consolidation of ACP and AEO into a three tier AEO programme expands facilitation-including Direct Port Delivery/Entry, deferred duty payment, paperless declarations, acceptance of self certified origin documents, expedited refunds and drawback, and recognition of partner agencies-while broadening eligibility to entities handling 25 annual documents and prescribing migration of existing ACP/AEO holders to specified AEO tiers subject to compliance and application to the AEO Programme Manager.
Incorrect simultaneous issuance of dual benefit of Zero duty EPCG and SHIS to exporters under the FTP 2009-14-option providing flexibility to return either benefit
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Simultaneous issuance of Zero Duty EPCG and SHIS now governed by a public notice and amended customs notifications.
Concurrent availment of Zero Duty EPCG and Served From India Scheme (SHIS) under FTP 2009-14 was found inconsistent with policy wording; inter-departmental consultations resulted in a Public Notice directing that pending issues of simultaneous issuance or availing of Zero Duty EPCG/Post Export EPCG and SHIS be decided in terms of that Public Notice. Customs has amended notifications to remove overlapping prohibitions for the subsequent FTP period; stakeholders may report implementation difficulties to the customs office.
Revised guidelines for disposal of goods
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Disposal of confiscated goods: cooperatives may buy eligible lots at a uniform rebate; higher value lots go to e auction without discounts.
Disposal of confiscated goods distinguishes between sale through Army Canteen/CSD, cooperative purchases at a uniform rebate subject to eligibility, verification, direct sale to bonafide consumers and first come first served allocation with departmental scrutiny, and sale of higher value or other goods exclusively by e auction/auction cum tender where no discount is allowed and centralized electronic auction platforms and prior procedural safeguards remain in force.
Implementation of Single Window Project (SWIFT)-regarding.
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Single Window risk-based selectivity: PGA NOC waived for low-risk consignments, with procedural exception and reporting requirements.
Single Window integration places PGAs on EDI and applies risk based selectivity so low-risk consignments receive an automatic NOC waiver on the Bill of Entry and need no manual PGA reference; exceptions require Commissioner approval and weekly reporting of referred cases to the Commissioner (Single Window), while importers and brokers must accurately declare end-use and product details in the integrated declaration.
Rationalization of procedures in handling exporters obligations under EPCG authorizations
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EPCG export obligation verification streamlined: EODCs accepted generally, subject to limited random and intelligence-driven checks.
Verification under the EPCG Scheme is to be streamlined: Customs shall normally accept EODCs issued by Regional Authorities without further re-verification, while restricting its own detailed checks and installation-certificate verifications to a limited random proportion of cases. Detailed Customs verification is required when indicated by specific intelligence, upon Regional Authority endorsement, or where EODCs are based on non-EDI shipping bills; field formations must use transparent senior-level selection criteria and promptly notify exporters selected for checks.
Clarification/Modification in Public Notice No. 36/2014 dated 10th October 2014, as amended vide Public Notice No. 38/2014, dated 16.10.2014, 02/2015 dated 08.01.2015, and 17/2015 dated 25.02.2015
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Adjudication jurisdiction clarified: allocation of import and export adjudication to specified sections and a Centralised Adjudication Cell.
A Centralised Adjudication Cell will handle adjudication of cases at Commissioner and Additional/Joint Commissioner competency levels, while Sections/Assessment Groups will issue Show Cause Notices, adjudicate matters within their assigned scope, and carry out recovery and enforcement; import cases follow document filing and classification/value rules for allocation, and export cases are allocated to specified sections by export scheme with the highest duty/incentive determining jurisdiction when multiple schemes are involved.
Import of container of durable nature
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Duty-free import of containers: yearly continuity bonds may be kept alive by written request absent material changes, else fresh bond required.
Temporary duty-free importation of durable containers is permitted on execution of a Continuity Bond covering the duty element, valid for one year and extendable; container numbers must be debited on import and credited on re-export without exceeding the bond limit, with additional bonds required for excess imports. Yearly bonds may be kept alive on written request before expiry provided no material changes occurred during the bond currency; absence of such request requires filing a fresh bond, and the renewal facility is not retrospective.
Courier Bond Executed CCSPs
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Amount of insurance for CCSPs now based on ten day average storage under HCCAR, easing bond and compliance burdens.
The amount of insurance to be provided by CCSPs under HCCAR shall equal the average value of goods likely to be stored in the customs area for ten days based on projected capacity, with the Commissioner of Customs empowered to specify the amount having regard to goods already insured by importers or exporters; a notification has reduced the bond requirement commensurately from the prior thirty-day basis.
Stuffing/loading of export goods in containers-reg.
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Preventive supervision of container stuffing required; verified container, seal and package details must be recorded before shipment.
Export container stuffing and loading must occur under Preventive Supervision; the exporter or agent will present the printed Exporter's copy of the Shipping Bill to the Superintendent (Docks). Preventive staff must supervise stuffing, record container and seal numbers and package counts, feed the stuffing report into the EDI system, and endorse particulars on the Exporter's copy. Discrepancies require amendment in the EDI and bar sanctioning of drawback or DEEC logging until corrected; the Preventive Officer will then grant the prescribed "allowed for shipment" endorsement.
Installation of Weigh Bridges at ICD/CFSs/Docks
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Weigh-bridge installation required at ICDs, CFSs and docks; calibrated equipment and weighment in presence of Customs officer.
Installation of weigh-bridges is mandated at ICDs, CFSs and docks, preferably near entry/exit gates, and must be annually calibrated by the Metrological Department. Separate weighing equipment must be provided for lower-mass consignments, and all import and export weighments are to be conducted in the presence of a Customs officer.
Implementation of Risk Management System (RMS) in Export at ICD Tumb - reg.
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Risk Management System in exports now applied at ICD Tumb; shipping bills screened for verification and future post clearance audit selection.
RMS is operational at ICD Tumb from 18.10.2016. Phase one applies RMS to shipping bills to select them for verification of assessment and physical examination. A subsequent phase will process shipping bills after EGM filing to select bills for PCA and sanction of drawback. The procedure applicable to other ICDs under Public Notice No. 17/2013 applies mutatis mutandis to ICD Tumb. Exporters are informed of the merged three tier AEO Programme and advised to apply; a Local Risk Manager is designated for implementation assistance.
Activation of RMS (Import) at ICD TUMB
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Risk Management System enables self assessment import clearance with selective examination and post clearance audit enforcement.
Activation of the Risk Management System (RMS) at ICD Tumb enables automated, risk based clearance of electronically filed Bills of Entry under ICES: compliant consignments may be cleared on importer self assessment with ICES generated challans and out of charge without officer assessment or examination, while RMS selects certain B/Es for assessment, examination or Post Clearance Audit. Authorised Economic Operators receive assured facilitation subject to random checks and fulfilment of Compulsory Compliance Requirements; bond details, SVB disclosures and requisite certificates must be furnished at filing to permit system driven processing.
Entry of factory stuffed (including self sealed) export containers into port terminals prior to LEO- REG.
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Direct entry of factory-stuffed export containers allowed before LEO, subject to manufacturing certification and gate documentation.
Factory stuffed containers, including self-sealed units of manufacturing entities, may enter port terminals prior to issuance of the Loading Export Order. Eligible manufacturing entities must obtain the Annexure A certificate from the jurisdictional Central Excise authority and present that certificate, the container invoice, and the prescribed checklist to the gate officer for direct port entry. Entities not registered with Central Excise must produce the Annexure A certificate confirming registration with a central or state government organisation. Other procedures and conditions in Public Notice No.52/2009 remain applicable.

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