OFFICE OF THE COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE

HYDERABAD-II COMMISSIONERATE

LALBAHADUR STADIUM ROAD : BASHEERBAGH : HYDERABAD

Public Notice No.34 /2004-Cus(T)                                                               Date:   01 .09.2004       

Sub:    Customs – Courier Import and Export Regulations – Procedure for clearance of Export/Import Consignments – Reg.

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            The procedure prescribing for clearance of Import / Export Courier consignments at RGI Airport, Hyderabad, is communicated herewith for information and guidance.  This is in continuation of the Public Notice Nos. 77/98-Cus.Tech and 28/2001-Cus.Tech issued on the same subject.

The contents of the Public Notice may be brought to the notice of all concerned.

            The receipt of this Public Notice may be acknowledged by all the Deputy/ Assistant Commissioners in this Commissionerate.

Encl : As above.                                           

                                   (M.V.B. RAO)

                                                                                                            COMMISSIONER

As per Distribution List No. IV, Cus(Prev.), SIIB.

{Issued from File C.No.S/2/PN/02/2004-Cus (T)}.


PROCEDURE FOR CLEARANCE OF IMPORT / EXPORT COURIER CONSIGNMENTS

            Consequent upon issue of Authorised Courier Registration at Hyderabad Airport with effect from 15.7.2004, for clearance of all import and export goods through courier the procedure is prescribed for necessary information and guidance.  Attention of all concerned is also invited to the provisions of the Customs Act, 1962 (hereinafter referred to as “the Act”) and Courier Import and Export (Clearance) Regulation, 1998 (hereinafter referred to as “the Regulation”) and the procedures stipulated in the earlier Public Notices.  For the sake of convenience of importers and exporters, courier companies and all other concerned, the provisions/instructions, contained in this Act, the regulations and earlier Public Notices, are consolidated and working procedure is prescribed in this Public Notice.

2.         Courier Imports and Export (Clearance) Regulation, 1998

            Import and export of goods through courier mode and customs clearance thereof is subject to the Regulations. These Regulations as amended from time to time, inter alia  prescribe the procedure of assessment and clearance of specified goods imported or exported through courier mode from specified ports; registration of courier with the Commissioner of Customs for engaging in international transportation of goods on express door to door delivery basis (defined as Authorised Courier) and clearance of import and export goods through customs. The main features of these Regulations are as follows:-

(i)         Import and export through courier: Imports and exports through courier is not allowed in respect of following category of goods, namely,

(a)               weight of individual package exceeding 70 kg;

(b)               goods requiring specific conditions to be fulfilled under any Act other than the Customs Act or any Rules and Regulations framed under such Act;

(c)               imports of goods requiring testing of samples (with reference to relevant
statutory authorities), namely, animals and part thereof; plants and parts thereof; perishables; publications containing maps depicting incorrect boundaries of India; precious and semi-precious stones, gold or silver in any form (hitherto imports of goods falling under chapters 28,29 and 38 was also not allowed, but the same has now been allowed by amendment in the Regulations vide notification No. 95/2003-Cus (N. T), dated 6.11.2003); however import of gems and jewellery is allowed to EOU, Units located in EPZ/SEZs;

(d)               export of goods, namely, goods attracting levy of any duty on exports; goods proposed to be exported under any export promotion scheme including drawback; goods having value of consignment more than Rs  25,000 and involving transaction of foreign exchange (this condition not: to apply in cases where GR waiver or specific permission has been obtained from RBI); goods where proper officer directs for shipping bill in prescribed format; however, export of cut and polished diamond, gems and jewellery is allowed under any scheme of EXIM policy of each consignment having value upto Rs. Twenty lack.

The Regulations also provide that on the request of the exporter the AC/DC may allow onward dispatch by Authorised Courier (subject to limitation and condition which he may impose), of goods under the export promotion schemes, including drawback, or goods originating from EOU/SEZ, or goods requiring licence, or where the proper officer has defected filing of regular Shipping Bill in such cases where the exporter has filed the Regular Shipping Bill/Export Documents and such documents have been processed in the Air Cargo Complex or SEZ/EPZ etc.

(ii)        Packaging of goods: Import and export goods shall be packed separately in identifiable courier company bags, with appropriate labels, in the following category;

(a)    documents;

(b)   samples and free gifts;

(c)    dutiable and commercial goods;

and that each package shall bear declaration by sender regarding the content of package and value thereof.

(iii)       Registration of courier companies: Every person intending to operate as an authorised courier shall apply in writing to the Commissioner of Customs, Hyderabad-II Commissionerate, L.B. Stadium Road, Basheerbagh, Hyderabad, for registration. The condition/procedure to be satisfied for registration are:-

(a)    the applicant shall, to the satisfaction of the Commissioner, establish its
financial viability by producing a certificate issued by a scheduled bank or such other proof acceptable to the Commissioner, evidencing the possession of Assets of a value not less than two Lakh rupees;

(b)   the applicant shall execute a bond with the stipulated security for complying with the provisions of the Customs Act' 1962 and the rules and regulations made thereunder;

(c)    the applicant courier company shall agree to pay any duty not levied or short levied on goods   taken clearance by such courier company if in the opinion of the Assistant Commissioner/Deputy Commissioner, such duty cannot be recovered from importer or exporter (to be undertaken by courier company in the bond they furnish);

(d)      after causing necessary verifications  as  the  Commissioner may deem necessary to satisfy himself that the applicant fulfills the requirement of registration, the applicant courier company will be registered as an authorised courier;

(e)       registration shall be valid for a period of three years and will have to be renewed by making an application in this regard before expiry of registration period; registration shall normally be renewed if the performance of authorised courier is found satisfactory with reference of absence of any complaints of misconduct including non compliance of any of the obligations specified in the Regulations.

(f)         the Commissioner may cancel the registration of Authorised Courier   and order forfeiture of security if the Authorised Courier fails to comply with the any of the conditions of the bond executed by him; fails to comply with the provisions of law; or engages in any misconduct which in the opinion of the Commissioner renders him unfit to transact any business in the Customs Station.

(iv)      Obligation of Authorised Courier: Authorised Courier shall act as an agent of the consignee in case of import and of consignor in case of exports under an authorisation issued by the consignee/consignor as the case may be; comply with the provisions of law and advise his clients in this regard; ensure correctness of any information submitted to customs with reference to clearance of goods or otherwise; not withhold any information relating to assessment from customs or clients as the case maybe; shall maintain all stipulated records and accounts in the prescribed manner arid submit them for inspection to the AC/DC or any officer authorised by him, whenever required.

(v)       Documents and procedures: These Regulation specify the documents to be filed and procedures to be followed for customs clearance of goods^ the details of which are elaborated in following paragraphs.

3.   Import of goods through Courier:

3.1 Documents to be filed for customs clearance:

3.1.1    Following documents shall be filed for customs clearance of goods being imported and exported through courier:-

(i)        Courier Bill of Entry-I (CBE-I):

The On Board Courier (OBC) or the person incharge of the aircraft (himself or through the authorised representative of the concerned Airlines) or any Authorized Courier shall file the Courier Import Manifest in form CBE-I in quintuplicate immediately on arrival of the import goods at the airport and present it to the proper officer of customs (i.e. Station duty Officer SDO). The IGM No. stated on the CBE-I should be identical to the one already assigned to the concerned Airlines at Rajiv Gandhi International Airport (RGI), Hyderabad. The proper officer of customs shall retain the second and third copy of CBE-I and return the original, fourth and fifth copy of CBE-I to the person filing CBE-I after acknowledging the receipt. Such person shall then submit the original copy of the CBE-I to the Noting Clerk who will enter it in running serial number in the register prescribed for this purpose and acknowledge receipt in the fifth copy.

(ii)       Courier Bill of Entry–II (CBE-II)

The representative of the authorised courier shall file the Courier Manifest in the Form CBE-II, in duplicate, with the proper officer of customs. The proper officer of customs shall retain the second copy of CBE-II and return the original to the Authorised Courier. The Authorised Courier shall submit the original copy of the CBE-II to the Noting Clerk who will enter it in running serial number in the register prescribed for this purpose. Details of CBE-I i.e. date and No. should invariably be mentioned on CBE-II in order to facilitate re-conciliation.

(iii)      Courier Bill of Entry–III (CBE-III)

In respect of documents not liable to any duty the representative of the Authorised Courier shall file form CBE-III, in quadruplicate, for duty free clearance.   A single CBE-III may be filed for the clearance of any number of such goods imported by the Authorised Courier on a particular flight. The CBE-III shall be presented to Noting Clerk and a serial No. would be obtained in the register prescribed for the purpose.

(iv)      Courier Bill of Entry-IV (CBE-IV)

In respect of bonafide commercial samples and bonafide gifts entitled to exemption from custom duty under various customs notifications, the representative of the authorised courier shall file Form CBE-IV in quadruplicate Single CBE-IV may be filed for the clearance of upto 10 consignments of such goods imported by the authorised courier on a particular flight.

(v)       Courier Bill of Entry-V (CBE-V)

For clearance of dutiable goods, the representative of the authorised courier shall file form CBE-V in quadruplicate A single CBE-V may be filed for clearance of upto 10 consignment.

            It may be noted that CBE-III/IV/V are to be filed flight wise (CBE-I wise) so that these Bs/E are easily reconcilable with the CBE-I and CBE-II. For this purpose CBE-III/CBE-IV/ CBE-V should invariably contain details of CBE-II i.e. No. and date. Such reconciliation shall be done by the Superintendent (Courier Cell).

Further as a number of consignments/shipments are entered in one Courier Bill of Entry, it may so happen that the .Authorised Courier may, for any reason, require to amend the entry or delete an entry (for not having required information or consent of client for payment of duty or any other reason etc). He shall not suo-moto make any amendment after Noting of Bill of Entry. If the authorized courier wishes not to get any consignment assessed for the time being in a particular Bill of Entry, he shall bring it to the notice of the Appraising Officer or AC/DC, who shall allow any amendment in the said Bill of Entry or allow filing of fresh B/E after making suitable comments against the said consignment/shipment The Authorised Courier while filing fresh B/E shall also get the B/E No. amended in the Noting register against such Air Way Bill against the earlier Noting Such amendment will be made in the Noting register in red ink. Any amendment done suo-moto on the Bill of Entry after Noting, without prior approval of Appraising Officer or DC/AC; or any tampering of B/E in any manner would be viewed seriously and invite penal action under the Act and the Regulations.

(vi)      Bill of Entry in the form prescribed in the Bill of Entry Forms Regulations, 1976 (Regular Bill of Entry): The authorized courier shall normally file the documents, namely, CBE-III, CBE-IV, CBE-V for the purpose of assessment and clearance of goods except in the following category of goods where the regular Bill of Entry will be filed:

(a)    consignee wish to file the said normal Bill of Entry;

(b)   goods imported by EOU/SEZ units under an exemption notification;

(c)    goods imported under any export promotion scheme;

(d)   goods   imported   against   any   licence   issued   under   the   Foreign   Trade (Development and Regulation) Act, 1922;

(e)    consignor and consignee are related in terms of the Customs Valuation Rules;

(f)  where proper officer directs for filing of regular Bill of Entry.

3.1.2   Filing of prior Bill of Entry: In order to facilitate faster clearance of import cargo, the Authorised Courier has been extended the facility of filing of prior CBE-IV and CBE-V (prior  to arrival of goods). In this regard if the Authorised Courier wishes to file prior CBE-lV and CBE-V, he may make a request in writing. The Commissioner may allow such prior filing of Bill of Entry (and appraisement of goods) to the Authorized Courier on merit of the request after satisfying himself about the credentials of the Authorized Courier, past record in regard to compliance of law and procedure and justification for allowing prior clearance on account of volume of work. Such filing would be allowed oil the basis of documents (invoice and AWB) received through by the Authorised Courier through their imaging system. In this regard it may be noted that prior CBE-IV and CBE-V shall be noted only when accompanied by copies of Airway Bills and invoices. The prior Bills of Entry shall be noted in the manner similar to post Bs/E.

3.2      Procedure to be followed for assessment and clearance:

3.2.1   Arrival of goods: Immediately on arrival of the import goods at RGI Airport, CBE-I shall be filed by persons specified in this regard in the manner as prescribed in the above para. Subsequent to filing of CBE-I, the Authorized Courier will file CBE-II with the proper officer in the manner as prescribed above.

3.2.2       Sorting of goods: As stipulated in the Regulations, the Authorised Courier is required to bring the goods duly sorted out in the different categories in such as, documents, samples and free gifts, dutiable or commercial goods and packed separately in clearly identifiable courier company bag (thus goods should come sorted as per CBE- III, CBE-IV and CBE-V). However, if the courier company, for any reason desires to sort the goods after arrival, in the category4 of CBE-IV and CBE-V, they may do so under proper intimation to the Superintendent (Courier Cell). However this sorting would only be limited to the extent of transferring the parcel from CBE-IV to CBE-V or vice versa, as the case may be. In no case the parcel should be opened during the process of sorting. Any short landing or excess  landing found during sorting or otherwise shall be intimated immediately to the Superintendent (Courier Cell) in the prescribed proforma. It may also be noted that courier bag shall be opened only after filing of CBE-II.

3.2.3   Filing of documents for assessment and clearance: After sorting the authorised courier company shall file CBB-III, CBE-IV, CBE-V in the prescribed format, in quadruplicate, to the Noting Clerk. The Noting Clerk shall maintain Noting Registers in the prescribed format in respect of CBE-III, CBE-IV, CBE-V / regular Bill of Entry. He shall sign the Bill of Entry after putting running serial number and date with numbering machine. Alteration of Bill of Entry number once assigned or any other amendment shall not be allowed without the permission of the AC/DC.

4.         Exports of goods through courier

4.1      Documents to be filed for customs clearance: Following documents are to be filed for customs clearance of export goods, namely,-

(i)                 Courier Shipping Bill-I (CSB-I): In respect of export of documents, the Authorised Courier shall file the Form CSB-I in triplicate. A single CSB-I may be filed for the clearance of any number of such goods for export by the Authorised Courier on a particular flight. The CSB-I shall be presented to Noting Clerk and a serial No. would be obtained in the register prescribed for the purpose..

(ii)               Courier Shipping Bill-II (CSB-II): In respect of export of goods that qualify as  bonafide samples, bonafide gifts, prototype goods as prescribed under the Regulations, the Authorised Courier shall file the Form CSB-II in triplicate. A single CSB-II may be filed for clearance of any number of such goods for export by the Authorised Courier on a particular flight. The CSB-II shall be presented to Noting Clerk and a serial No. would be obtained in the register prescribed for the purpose.

4.2      Procedure to be followed:

4.2.1   Arrival of goods in RGI Airport: The Authorised Courier will present all the packages in separately identifiable courier bags in the category of Forms CSB-I and II at least three hours prior to the departure of the flight along with the said Forms and any other relevant documents to the Inspector (Examination), duly noted in the manner prescribed in above para.

4.2.2 Change of Flight:- In the event of airlines riot accepting all the bags, endorsement to this effect shall be taken from the airline by the courier company on the relevant CSB. If the remaining bags can be exported by some other flight on the same day, authorized representative of the courier shall approach the Superintendent (Examination) and request him in writing to allow the export by the concerned flight. On receipt of such request, the Superintendent shall permit the export by making an endorsement "Shipping of _____  bags allowed by flight number_____".  Thereafter, the bags shall be handed over to the airline. The airline will give endorsement on the 2nd copy of shipping bill confirming the acceptance of the parcels. After the receipt of the duplicate copy with the endorsement from the airline, the officer assessing the CSB shall forward it to the Noting Clerk for attaching it with the original copy and recording it.

4.2.3   Shut out parcels: In the event that bags are not shipped due to non acceptance thereof by any airline or for any other reason, the authorized representative of courier shall report the matter in writing in the CSB itself and hand over the duplicate and triplicate to the Superintendent (Examination) of ECC who will permit "back to town" on both the copies (in case no discrepancy is noticed) and hand over the triplicate to the Authorized Courier. In case any discrepancy is noticed, such bags shall be detained in the customs bonded warehouse following the procedure of detention as debited in earlier paragraphs.

5.             Re-shipment/ misrouting  shipments:

5.1              Re-shipment of imported goods may have to be resorted in two situations. One where the goods are meant for other destination but arrive at RGI Airport due to misrouting and second where the shipment has to be returned to origin as the same are not cleared for non-payment of duty or for any other reasons.

5.2              In case of mis-routed shipments, the Authorized Courier shall make a request to Superintendent (Courier Cell) and along with it file CSB-I or CSB-II as the case may be. Superintendent (Courier Cell) will get such consignments inspected to ascertain that they arrived on account of misrouting There shall be no examination and no assessment.     An endorsement regarding inspection shall be made on relevant CSB and the Assistant Commissioner/Deputy Commissioner shall allow re-shipment thereof.

5.3      In the case of packages meant for reshipment for reasons other than mis routing, permission for re-shipment shall be given on the merit of the case by the AC/DC or JC/Additional Commissioner depending upon the value.  Such goods shall be examined on 100% basis. After the order for reshipment is passed by the appropriate authority, the details of the parcel/packages shall be entered in a separate re-shipment register. On completion of formalities, the goods shall be re-shipped after complying with all documentary formalities as in the case of normal export.

6.         Role of Airlines: In such cases where the Airlines bring in goods without an onboard courier, they shall file the CBE-I with the Customs; Officer in the manner as mentioned above. In case of export goods, the Airline shall ensure that the bags handed over to them have been duly passed by customs by verifying CSB-I and CSB-II as the case may be. After accepting the bags, the Airlines shall make an endorsement on the duplicate copy of  CSB-I or CSB-II in token of having accepted the bags. In case Airlines are not in a position to accept all the bags, they shall so indicate in the CSB-I or CSB-II indicating the number of bags accepted by them for shipment.

7.         Applicability of EXIM Policy on courier cargo: In view of nature of courier trade, he scheme of clearance of import and export through courier mode envisages certain procedural relaxation as regards the customs clearance-procedures. However, such imports continue to be governed by the EXIM policy as applicable to any other imports or exports. Hence it should be ensured that all import and export by courier mode satisfy the provisions of EXIM policy and any other law in force for the time being.

 

These instructions shall be operational with immediate effect.

                                   (M.V.B. RAO)

                                                                                                            COMMISSIONER