Government of India
Ministry of Finance
(Department of Revenue)
Central Board of Excise & Customs
Circular No. 14/2016-Cus.
New Delhi, dated the 27th April, 2016
227B, North Block
To,
All Principal Chief Commissioners/Chief Commissioners of Customs/Customs
(Preventive)
All Principal Chief Commissioners/Chief Commissioners of Customs & Central
Excise
All Principal Commissioners/Commissioners of Customs/Customs (Preventive)
All Principal Commissioners/Commissioners of Customs & Central Excise
Subject: Carriage of coastal cargo from one Indian port to another port in
vessels carrying
out coastal runs- reg.
Government vide notification No. 43/97-cus dated 11.9.97 has exempted vessels
carrying
exclusively coastal goods from the provisions of section 92, section 93, section
94, section 97
and sub-section (1) of the section 98 of the said Act. Further vide notification
No. 15/98-Cus
dated 27.2.98 vessels carrying exclusively coastal goods have been exempted from
the delivery of
the advice book on arrival at each port of call to the proper officer.
- Further vide Circular No. 40/97-Cus dated 19.9.97, Board had clarified that
the
relaxations are applicable to the vessels which exclusively carry coastal goods
and ply as coastal
vessels. It will not be applicable for vessels which convert the status from
foreign run to coastal
run and vice versa. The loading and unloading operation by coastal vessels must
take place at
separate and exclusive berths in the ports where both coastal and foreign
traffic is handled. The
provisions of Sections 95, 96 and 98(2) will also remain operative in case of
such vessels. In
terms of Section 95, the master of vessels is required to maintain "advice book and the proper
officer of customs can inspect the book and make entries as deems fit, relating
to goods loaded
at the port.
- Subsequent to above, references have been received to the effect that the
present
procedure governing the movement of coastal goods is restrictive. It was opined
that there is a
need to relax the procedure further so as to facilitate faster movement of the
coastal goods. This
will bring down the transaction cost and also give fillip to the developmental
activities in the
coastal cities. Further, Ministry of Shipping has also informed that the
cabotage restrictions have
been rekxed to encourage movement of coastal goods. Vessels like Ro Ro (Roll on
Roll off),
PCC (Pure Car Carriers), Pure Car and Truck Carriers (PCTC), LNG vessels,
Over-Dimensional
Cargo or Project Cargo carriers etc are covered under the new relaxed policy
guidelines for a
period of five years i.e. up to 1st
September 2020.
- The issue has been examined by the Board and it has been decided to carry out
further
simplification as under:
a. All Coastal Vessels carrying exclusively coastal goods and operating from
coastal or EXIM
berths shall be exempted from the provisions of Section 92, 93, 94, 95, 97 and
sub-section (1) of
section 98 of the Customs Act, 1962. The exemption from the provisions of
section 95 was not
available earlier. A new notification No. 56/2016-Cus (N.T.) dated the 27th
April 2016 has been
issued in this regard.
b. (i) In the case of coastal vessels loading or unloading coastal goods at EXIM
berths,
provisions of sections 30 & 41 of the Customs Act, 1962 have been made
applicable. A new
format for filing a coastal manifest in respect of such vessels has been
notified vide notification
No.
57/2016-Cus (N.T.) dated the 27th
April 2016. The Master of the vessel or his agent shall
submit as prescribed in
notification No. 57/2016-Cus (N.T.) dated the 27th
April 2016:
(a) a coastal arrival manifest for the goods which are unloaded or meant to be
carried forward to other
destination ports
(b) coastal departure manifest for the goods loaded including goods on board for
other destinations
(ii) The arrival and departure coastal manifests shall be prepared in duplicate.
The original shall
be submitted to the proper officer and duplicate would be retained by the Master
of the vessel or
his agent. The arrival manifest is submitted before the arrival of the vessel
and the departure
manifest is submitted before the departure of the vessel.
- The revised procedure shall apply to Indian vessels, Indian flag foreign
vessels or foreign
vessels eligible for cabotage relaxation vide No. SR 14020/5/2009-MG/CS/-Vol.VII
dated
2.9.15 issued by the Ministry of Shipping.
- In the case of cabotage covered foreign vessels, the relaxation shall be co-terminous
with the
said order of the Ministry of Shipping.
- The container carrying coastal goods shall be clearly marked with the words
"For coastal
Carriage Only" on all sides. There shall be no examination of the coastal goods,
the container
shall be sealed with tamper proof one time bottle seal and then the same can be
loaded on to the
vessel.
- Non-containerised cargo shall also be allowed to be loaded on to the vessel
provided it is
clearly marked on the packing Tor Coastal Carriage Only' to make it easily
identifiable.
- The preventive officers with the prior approval of Additional Commissioner/
Joint
Commissioner (preventive wing) may from time to time carry out random checks so
as to ensure
that no export goods or imported goods are inadvertently or by intention loaded
onto such
coastal vessels.
- Circular No. 40/97-Cus is hereby withdrawn. The existing procedure stipulated
in
Circular
No. 15/2002-Cus insofar as the vessels carrying both EXIM and coastal cargo
shall continue to
be followed.
- Difficulties, if any, in implementation of these instructions, may be
brought to the notice of the Board.
Yours faithfully
(Zubair Riaz)
Director (Customs)
F. No. 450/183/2014-CusIV
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