Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs
Room No.229 A, North Block
New Delhi, dated 20th November, 2012
To,
All Chief Commissioners of Customs / Customs (Prev.).
All Chief Commissioners of Customs & Central Excise.
All Commissioners of Customs / Customs (Prev.).
All Commissioners of Customs & Central Excise.
Director General of Revenue Intelligence.
Subject: Measures for promoting cost efficiency of imports by Indian Trade and
Industry – regarding.
Sir / Madam,
Trade has represented that with the growing container traffic in India, allowing
the importers to transfer the goods from foreign containers to domestic shipping
containers under Customs supervision in respect of imported goods lying
uncleared for more than five days in a Customs area (CFSs / ICDs), can prove
beneficial in reducing outflow on account of foreign exchange payments for
foreign shipping containers and help Indian trade and industry to become more
cost effective.
- The matter has been examined in the Board. In this regard, Section 49 of the
Customs Act, 1962 provides facility of storing goods in warehouses pending
clearance in case where goods cannot be cleared within a reasonable time.
Moreover, even presently an importer may de-stuff and release a foreign
container immediately on arrival in the CFS / ICD. Generally this option is not
utilized by importers who have preference to clear goods at their premises as
well as to avoid additional handling charges incurred on account of de-stuffing
of the containers. It is also possible that some importers may not be aware of
this option.
- In the aforestated circumstances, Board reiterates that importers have the
option to avail of the facility under Section 49 of the Customs Act, 1962.
Further, importer may exercise the option to de-stuff goods from foreign
containers and keep the same in the CFS / ICD including in empty domestic
containers therein, under Customs supervision, for subsequent clearance as per
law.
- These instructions may be brought to the notice of all the officers concerned
by issuing suitable Standing Orders/instructions/Public Notices.
Yours faithfully,
(G. S. Sinha),
OSD (Customs IV)
F. No.450/95/2012-Cus.IV
Copy to:
Internal circulation (as usual).