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Open House Meeting held on 05.07.2005
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OFFICE OF THE CHIEF COMMISSIONER OF CUSTOMS
MINUTES OF THE OPEN HOUSE MEETING OF THE CHIEF COMMISSIONERS OF CUSTOMS, MUMBAI ZONE I, II, & III HELD WITH THE REPRESENTATIVES OF THE TRADE AND INSUSTRY ASSOCIATIONS ON 23rd June, 2005 AT 4.00 P.M. IN THE CONFERENCE HALL OF THE MUMBAI CUSTOM HOUSE The Open House Meeting for the month of June,2005 was held under the Chairmanship of Shri Joseph Dominic, Chief Commissioner of Customs, Mumbai Zone – II and Shri A. P. Kala, Chief Commissioner of Customs, Mumbai Zone – III on 23.06.2005 at 4.00 P.M. in the Conference Hall, 2nd floor, New Custom House, Ballard Estate, Mumbai – 1. The following senior officers of the department attended the meeting. 1. Shri D.S. Sra, Commissioner of Customs (General), Mumbai - I The following representatives of the BCHAA, Trade and Industry attended the meeting: 1) BCHAA (Bombay Custom House Agent’s Association). 2) AIIEA (All India Importers & Exporters Associations). 3) Indian Merchants’ Chamber 4) B.C.C.I. (The Bombey Chamber of Commerce & Industries) 5) MCCI (Maharashtra Chamber of Commerce & Industries) 6) Federation of Indian Exporters’ Organisation. (FIEO) 7) Individual / Member of the Public 8) ASSOCHAM 9) IDMA 10) Tata Power 11) MANSA 12) Interocean Shipping (I) Pvt. Ltd. 13) Sutlaj Industries Ltd. 14) Mumbai Port Trust 2. The Open House meeting started with the Chief Commissioner welcoming all the Representatives of the Associations of the Trade, Industry and CHA’s and the officers present in the meeting. The Chief Commissioner informed that the Committee formed to standardize the format of Bank Guarantee under EPCG Scheme had suggested a format of the Bank Guarantee and same has been forwarded to BCHAA for their comments. Shri Mohan Nihalani, President AIIEA requested that the draft format of Bank Guarantee should be sent to their Association also. The Chief Commissioner directed that a copy of the draft format should be sent to AIIEA and on receipts of the comments from BCHAA & AIIEA, the format of Bank Guarantee should be finalized and a suitable Public Notice prescribing the standard format should be issued. 3. In regard to Point No. 3.2 of the Minutes of the last Open House Meeting held on 17.05.2005 relating to ‘One Time Factory Stuffing Permission’, the members informed that Export Promotion Commissionerate has started giving ‘One Time Factory Stuffing Permission’ and matter stands resolved. 4. Thereafter, the Agenda Points as forwarded by the BCHAA were taken up for discussion. 4.1 In regard to the Agenda Point relating to delay in transmission of Release Advice(RA) from JNCH, the Chief Commissioner informed that data obtained from NIC revealed that during 01.05.2005 to 20.06.2005, total 3326 RAs were issued, out of which approx. 30-35 RAs were re-transmitted around 10.06.2005. The members stated that the statistics does not indicate the delay in transmission of RAs from JNCH to other Custom Houses and it has been experienced by most of the members that there is considerable delay in transmission of RAs from JNCH. The Chief Commissioner assured the members that the matter would be looked into. 4.2 In regard to the Agenda Point relating to delay in issuance of R.A. in Mulund, the representatives of the BCHAA reported that there was no such problem at Mulund. 5. Thereafter, the Agenda Points as forwarded by Shri Rajeev Gupta were taken up for discussion. 5.1 In regard to the Agenda Point relating to verification of entitlements under DEPB, Shri Rajiv Gupta stated that a large number of documents being asked by Customs for DEPB verification are not necessary. The Chief Commissioner directed that matter should be looked into. 5.2 In regard to Agenda Point relating to delay in clearance of Re-import consignment, Shri Rajeev Gupta stated that JNCH does not allow importers to avail the benefit of exemption under notification No. 158/95 –Cus., on goods re-imported. It was reported that importers are not allowed to avail the benefit of the notification because of a Standing Order issued by Commissioner of Customs, JNCH. The Chief Commissioner directed that the matter should be looked into by the Commissioner of Customs(Imports), JNCH so as to examine as to why Standing Order was issued prohibiting importers to avail the benefit of a valid notification. 5.3 In regard to the Agenda Point relating to CENVAT credit in respect of re-import clearances, Shri Rajeev Gupta stated that importers are not able to avail CENVAT credit as the Bill of Entry does not indicate the name of supporting manufacturer. He requested that either the format of Bill of Entry may be modified to incorporate the name of supporting manufacturer or a certificate may be issued for the purpose of availment of CENVAT credit. The Commissioner of Customs(Imports), NCH, Mumbai informed that amendment of the format of Bill of Entry may not be possible at this stage when the Department is going to introduce Version-II of EDI software. The Chief Commissioner directed that pending modification of the format of Bill of Entry, the request for issuance of a certificate for the purpose of avail-ment of CENVAT credit may be examined. 5.4 In regard to Agenda Point relating to delay in testing of samples by DyCC, the Chief Commissioner asked Shri Rajeev Gupta to furnish the details of cases where testing of samples has been delayed, to enable the Department to look into the matter. 5.5 In regard to Agenda Point relating to delay in issuance of Order-in-Original after personal hearing in a case remanded by the CESTAT vide Order No. A/776/WZB/2004/C-II dated 28/12/2004, the Commissioner of Customs(Imports), NCH informed that the CESTAT had directed him to decide the case after obtaining a clarification from Director General(Anti-Dumping) and accordingly, he has made a reference to Director General(Anti-Dumping). The response of Director General(Anti-Dumping) in the matter was awaited. The Chief Commissioner asked the Commissioner of Customs (Imports), NCH to pursue the matter with the Director General(Anti-Dumping) and expedite adjudication of the case. 6. Thereafter, representatives of various Trade Associations expressed their gratitude to Shri Joseph Dominic, Chief Commissioner of Customs, Mumbai Zone-II for taking keen interest in Trade Facilitation measures and solving the problems of the Trade. Members bid farewell to Shri Joseph Dominic on his retirement from the department on 24/06/2005. 7. The Chief Commissioner of Customs thanked all the Members present. 8 The next meeting will be held on 05.08.2005 at 15.30 hrs. The points sponsored for discussion for the next meeting should reach POSITIVELY by 25.07.2005 in the offices of the Chief Commissioner of Customs, Mumbai Zone – I, II and III. Points received after the said date, will be taken up for discussion only in the next Open House Meeting. (RAJENDRA SINGH) Copy to :- Copy for information and wide circulation to :
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