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Instruction regarding Movement of containers and containerised cargo
Circular No. 83dated 5th
November 1998
M/s Indian Freight Container Manufacturers
Association has represented to Government of India that a huge dumping of empty
containers into the system is affecting the off take of containers manufactured
in the country because of lack of monitoring of the requirement to re-export the
imported Containers within six months. Moreover, extinction beyond six months is
granted by customs from time to time routinely. Ministry of Commerce have
requested that in addition to close monitoring, bank guarantee be taken for
Import of Containers.
2. On the issue of
clearance of containerised cargo and re-export of marine containers, the
attention is drawn to Board's earlier circular F.No. 434/ 17/ 94-CUS.IV, dated
16th May, 1994. The Notification No. 104/94 as amended by Notification No.
101/95 dated 20. 5. 1995 exempts the freight containers of durable nature from
payment of whole of the duty of customs and the whole of additional duty payable
provided the containers are re-exported within six months for which a bond is
executed by the importers or the shipping agent. It was stressed in the Circular
dated 16. 5. 94 the extension may not be given routinely.
3. It has been
observed that as & when request for extension beyond 6 month's period is
received, the Customs Houses are routinely granting such extensions. This casual
approach leads to the possibility of use of such containers for domestic trade
in addition to affecting the domestic industry engaged in manufacturing of
marine containers.
4. It has been felt
that there is need to exercise more effective control over the clearance of
marine freight containers & their subsequent re-export. Separate account may
be kept and bonds taken for import of loaded Containers and empty Containers.
The re-export bonds for clearance of containers should be regularly monitored.
The demands in terms to bond should be issued immediately on expiry of six
months. The Assistant Commissioner may grant an extension beyond 6 months up to
further 3 months for the reasons recorded in writing.
The extension beyond 9 months should not be granted,
as a matter of routing. However in case of genuine difficulty further extension
of a period not exceeding six months/at a time may be granted by the
Commissioner of Customs on merits of each case for the reasons recorded in
writing.
5. In case the goods
are required to be detained for detailed examination, investigations, etc. the
goods should be de-stuffed from the container and stored in any ware houses. The
containers should be released so that the shipping agents can fulfil their
commitment of re-exporting the container within six months of their import.
6. The instruction
may kindly be brought to the notice of all officers by way of issuing suitable
standing orders. The difficulty if any in implementation of this circular may
kindly be brought to the notice of Board.
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