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Open House Meeting held on 4-03-2005
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OFFICE
OF THE CHIEF COMMISSIONER OF CUSTOMS,
MINUTES OF THE OPEN HOUSE MEETING OF THE CHIEF COMMISSIONER OF CUSTOMS, MUMBAI ZONE I, II, & III HELD WITH THE REPRESENTATIVES OF THE TRADE AND INSUSTRY ASSOCIATIONS ON 22nd February, 2005 AT 3.30 P.M. IN THE CONFERENCE HALL OF THE MUMBAI CUSTOM HOUSE. The Open House Meeting for this month was held under the Chairmanship of Shri Joseph Dominic, Chief Commissioner, Customs Zone-II and Shri K. M. Tiwari, Chief Commissioner, Customs Zone – I on 22.02.2005 at 3.30 P.M. in the Conference Hall, 2nd floor, New Custom House, Ballard Estate, Mumbai – 400 001. The following senior officers of the department and DGFT attended the meeting. The
following officers were present: The following representatives of the BCHAA, Trade and Industry attended the meeting: 1) AIIEA (All India Importers & Exporters Associations). 2) BCHAA (Bombay Custom House Agent’s Association). 3) Tata Group 4) C.I.I. 5) ASSOCHAM. 6) MANSA (Mumbai & Nhava Sheva Ship Agents Association) 7) All Cargo 8) Sidddharth International and Chanveet 9) A.I.I.B.I.E.A. 10) Individual / Member of the Public 11) D.M.D.I. 12) B.C.C.I. 13) Indian Merchant Chamber 14) I.D.M.A. 3. Shri K.M. Doshi referred to para 8.2 of the minutes of the previous Open House Meeting held on 28.12.2004 and pointed out that out of 2 Drawback claims which were not traceable, one has since been traced out and finalized. He further informed that 2 Drawback claims pending for Test Reports were still pending finalization with JNP Customs. The Chief Commissioner directed Commissioner of Customs (Exports), Nhava Sheva to look into the matter and get the cases finalized expeditiously. (Action: CC (Exports), Nhava Sheva) 4. Thereafter, Agenda points forwarded by MANSA were taken up for discussion. 4.1 In regard to Agenda point relating to pending Refund claims of Revenue Deposits made by the shipping lines along-with IGMs, the Chief Commissioner informed that out of the 273 pending refund claims, 233 claims have since been sanctioned and only 40 claims were pending for settlement for the want of IGM closure. Chief Commissioner assured that pending claims would be finalized by 31st March, 2005. (Action: CC (Imports) & CC (Gen.) NCH, Mumbai) 4.2 In regard to Agenda point relating to filing of EGM through ICEGATE, the Chief Commissioner informed that the facility of the filing of EGM through ICEGATE has been made available to the trading fraternity. However, the trade has not utilized this facility and also has not reported problems, if any, in using the facility. The representative of MANSA assured the Chief Commissioner that they would inform their Members about the facility and exhort them to make use of the same in future. 4.3 As regards Agenda point relating to IGM filing through ICEGATE, the Chief Commissioner informed that the facility of filing of IGM through ICEGATE has already been made available to the shipping community and the same is being used extensively at the Port of Nhava Sheva and Sahar Air Cargo Complex. However, the facility is not being utilized by the shipping community at Mumbai Port. The Chief Commissioner requested the MANSA to persuade their Members to utilize the facility at Mumbai Port also. 5. Thereafter the Agenda Points forwarded by BCHAA were taken up for discussion. 5.1 One of the members pointed out that Customs insist for Bank Guarantee under EPCG scheme for the entire period of the export obligation instead of 3 years as stipulated in the Board’s Circular No. 58/2004 dtd. 21.10.2004. Representatives of BCHAA suggested that the Department should accept Bank Guarantee for 3 years with self-renewal clause. The Chief Commissioner clarified that the Department would accept the Bank Guarantees for 3 years subject to the condition that the BG contains the Self-Renewal Clause. In case the Bank Guarantee is given for the entire period of Export Obligation plus 2 years, the Department would not insist for Self-Renewal Clause. 5.2 One of the members requested that a directive be issued to verify only the following documents while auditing/verifying EDI Shipping Bills under DEPB scheme i) Bank Realisation Certificate. ii) DEPB Copy of Shipping Bill. iii) Shipping Bill details related to each DEPB Script. The Chief Commissioner informed that the procedure for DEPB verification including the requirements for various documents for such verification is under review and a Public Notice is likely to be issued shortly. The suggestions of BCHAA would be considered while issuing the said Public Notice. 5.3 A member raised a point that no additional documents should be called for when EODC is issued by DGFT under DEEC & DFRC Scheme. The Chief Commissioner stated that for licences issued after 1st April 2002, the procedure of DEEC logging has been dispensed with and the Bonds and BGs are cancelled after the licences are redeemed by the DGFT Authorities. In terms of Para 4.26 of the Hand Book of Procedures (Vol-I), DGFT Authorities make an endorsement on the redemption certificate requiring Customs to verify the export details as indicated in the redemption certificate. Chief Commissioner further stated that the Customs exemption notification for imports under DEEC prescribes a number of conditions, the compliance of which are to be verified by Customs before discharging the Bonds/BGs. However, the suggestion of BCHAA in this regard would be examined. 5.4 One of the members stated that import registration should be completed simultaneously at the time of DEPB/DFRC verification. The Chief Commissioner clarified that the Import and Export Servers are different. The DEPB/DFRC licences are verified in Export module and for actual utilization, these are to be registered in Import module of the EDI system. Moreover, DEPB/DFRC licences are often transferred after verification, which may require fresh registration. Hence, Import Registration at the time of DEPB/DFRC verification is not practicable.
5.5 One of the members pointed out that in case of shipping bills filed through ICEGATE, additional data is insisted upon by Frere Basin Docks and they are asked to amend the shipping bill resulting in the delay. Shri Ajay Dixit, Additional Commissioner stated that such problem was never reported to him by the trade. The Chief Commissioner directed Commissioner of Customs(EP), Mumbai to look into the matter and sort out the problem. (CC(EP), NCH, Mumbai) 5.6 In regard to proposal of BCHAA for sending the scroll of Drawback Payments to the Bank on daily basis, the Chief Commissioner stated that the Drawback scroll is generated on daily basis at the Air Cargo. However, it is generated on weekly basis at the Mumbai and Nava Sheva ports. The suggestion for generation of scroll on daily basis at Nava Sheva has been examined and it was not found possible to accede to the same. 5.7 As regards Agenda point relating to the commencement of Bond Department at Air Cargo Complex, the Chief Commissioner informed that a Draft Public Notice to start Bond Department was forwarded to BCHAA for their comments and their comments were still awaited. The Chief Commissioner assured that Bond Department would start functioning at the Air Cargo Complex in the 1st week of March, 2005. 5.8 One of the members stated Bulletin verification of licences is centralized at Mumbai Customs resulting in the problem for Trade. He further stated the Bulletin clerk is simply verifying the signatures of licence issuing authority, which can be done at Nhava Sheva also. The Joint DGFT informed that details of licences issued by them are available in their website and the practice of forwarding bulletin has been dispensed with. The Chief Commissioner requested the Joint DGFT to forward the specimen signatures to Nhava Sheva to enable them to start such signature verification at Nhava Sheva itself. 6. Thereafter, the Agenda points forwarded by Shri Rajiv Gupta were taken up for discussion:- 6.1 Shri Rajiv Gupta pointed out that clearance of goods are often delayed as DYCC insist for Chemical Abstract Serial No (CAS). He cited a case where re-import consignment was pending clearance for last 6 months. In regard to requirement of CAS number, the representatives of DYCC clarified that the CAS No. for chemicals, is an essential & most reliable reference to trace the existence of the chemical compound, if developed and patented, world over in chemistry. Therefore, it is invariably asked from importer/exporter to give the CAS No. and printed authentic literature alongwith physico chemical constants for analysis and identification and expediting the test report. As regards specific case of delay in clearance of re-import consignment, the Chief Commissioner asked the member to submit the details to concerned Commissioner of Customs to enable him to look into the same and take necessary action. 6.2 Shri Rajiv Gupta pointed out that exporters are facing problems as RLAs (Regional Licensing Authority) insist that the name of the supporting manufacturer should appear in the shipping bill but there is no column for putting the name & address of the manufacturer in the EDI Shipping Bills. The Chief Commissioner stated that the suggestion for the addition of two columns i.e. Name and address of the manufacturer, 2) Name and address of the third party on whose behalf the exports are made will be taken up with the Directorate of Systems, New Delhi. However, pending modification in the format of the Shipping Bill, the existing practice of submission of AREs to RLA for verification of details of supporting manufacturer, should continue. 7. The Chief Commissioner of Customs thanked all the members present. 8. The next meeting will be held on 24/03/2005 at 15.30 hrs. The points sponsored for discussion for the next meeting should reach POSITIVELY by 17.03.2005 in the offices of the Chief Commissioner of Customs, Mumbai Zone – I, II and III Zone. Points received after the said date, will be taken up for discussion only in the next Open House meeting. (Rajendra Singh) Joint Commissioner of Customs Chief Commissioner’s Office Mumbai - I Copy to:- 1. The Chief Commissioner of Customs, Mumbai Zone – II and III Copy for information and wide circulation to : All Associations with a request to inform all their members to view the Minutes of the Meeting on the Website of Mumbai Customs at www.mumbaicustoms.gov.in |
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