Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs
INSTRUCTION
227-B, North Block, New Delhi
Dated 23rd July, 2013
To,
All Chief Commissioners of Customs
All Chief Commissioners of Customs (Preventive)
All Chief Commissioners of Customs and Central Excise
All Commissioners of Customs
All Commissioners of Customs and Central Excise
Sir/ Madam,
Ministry of Agriculture has raised the issue of temporary ban on Import of Rice
and Peanuts from India due to detection of quarantine pest in an import
consignment and highlighted that CFSs conducting phytosanitary measures have no
designated area for fumigation and separate storage for keeping fumigated/
treated cargo which leads to cross contamination from untreated
goods/commodities. Ministry of Agriculture has desired that facilities provided
by CFSs should be improved to ensure that treated cargo is adequately sanitized
in a separate storage enclosure.
2. The matter has been examined in the Board. ‘Handling of Cargo in Customs Area
Regulations (HCCAR) 2009’ framed under section 141(2) of the Customs Act 1962
deals with the manner of receipt, storage, delivery ,dispatch, etc of imported
or export goods in the Customs Area. The Regulation also cast certain
responsibilities and obligations on the part of Customs Cargo Service Providers
(CCSP)/ Custodians to comply with.
Regulation 6 (1) of HCCAR mandates the CCSP to
“(d) demarcate separate areas for unloading of imported goods for their storage
with respect to the category of importers, nature of goods, place of
destination, mode of transportation or any other criterion as the Commissioner
of Customs may specify having regard to the custody and handling of imported
goods in a customs area;”
(e) demarcate separate areas for loading of export goods for their storage with
respect to categories of exporters, nature of goods, examined and sealed
containers or other criterion as the Commissioner of Customs may specify having
regard to the custody and handling of export goods in a customs area;”
The HCCAR therefore requires a CCSP/ Custodians to provide demarcated storage
space depending upon the nature of goods or any other criterion as may be
specified by Commissioner of Customs.
3. Board has accordingly decided that that all CCSP/Custodians shall provide
separate and dedicated storage space meant for fumigation and storage of post
fumigated sites to enable Plant Quarantine Authorities to carryout necessary
checks for both imported and export consignments. Board also desires the
Commissioner of Customs concerned to ensure that the directions are complied
with scrupulously and immediately. A compliance report may be sent by
14.08.2013.
4. Difficulty faced, if any, may be brought to the notice of the Board.
Yours faithfully
(R. P. Singh)
Director (Customs)
F. No. 450/19/2005- Cus IV