F.
No.450/24/2012-Cus.IV
Government
of India
Ministry
of Finance
Department
of Revenue
Central
Board of Excise and Customs
*****
Room No.229 A, North
Block
New Delhi, dated 14th
March, 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: ‘Handling of Cargo in
Customs Areas Regulations, 2009’ - regarding.
Sir / Madam,
Attention
is invited to the provisions of Handling of Cargo in Customs Areas Regulations, 2009 (HCCAR, 2009)
and various circulars and instructions issued by the Board on the above subject
from time to time. HCCAR, 2009 provides
for a comprehensive mechanism for handling of goods in a customs area and sets
out the terms and condition for all facilities where customs cargo is handled.
2. It has been reported that in a large
number of cases, containers detained by Directorate of Revenue
Intelligence (DRI), Special Intelligence & Investigation Branch (SIIB) or
Preventive formations are not being released after elapse of considerable time.
This has caused undue hardship to shipping companies by paying exorbitant
demurrage charges.
3. The matter has been examined. It is
felt that one of reasons for longer detention can be lack of adequate space for
storing such goods in a Customs area. In this regard, Board desires that sufficient space for
custody / storage of detained imported / export goods should be provided by Customs Cargo Service
Provider (CCSP) as per regulations 5 (1) (o)
of the HCCAR, 2009 so that detained goods may be stored after de-stuffing
from the containers and empty containers be returned to the concerned Shipping Line. Further, in
terms of regulation 6 (1) (l) of the HCCAR, 2009 that CCSP shall subject to
any other law for the time being in force not charge any rent or demurrage on
detained goods. In case containers are detained / seized under the Customs Act,
1962, the same may be considered for provisional release subject to furnishing
of Bond and Bank Guarantee under the Customs Act, 1962.
4. Board also desires
that investigations wings of the department like DRI, Preventive and SIIB wings
of the Commissionerates should finalise
investigation at the earliest keeping in mind the genuine concerns of shipping lines and
also constraints of resources with the CCSP.
5. These instructions may be brought to the
notice of all the concerned by issuing suitable Standing
orders/instructions.
Yours faithfully,
(G. S. Sinha),
OSD (Customs IV)