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Open
House Meeting held on 09-02-2004
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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 REPRESENTATIVES OF THE TRADE AND INDUSTRY ASSOCIATIONS ON 09.02.2004 AT 3.30P.M. IN THE CONFERENCE HALL OF MUMBAI CUSTOMS HOUSE. The Open House meeting for this month was held under Shri K.M.Tiwari, Chief Commissioner of Customs, Mumbai Zone-I, Shri Joseph Dominic, Chief Commissioner of Customs, Mumbai Zone-II & Shri Jogendra Singh, Chief Commissioner of Customs, Mumbai Zone-III on 09th February, 2004 in the Conference Hall, 2nd flr., New Custom House, Ballard Estate, Mumbai. The following officers were present: The following representatives of the Trade & Industries
Associations and the Bombay Custom House Agents Association attended the
meeting: 3. Mumbai & Nhava Sheva Ship Agent's Association
(MANSA) 5. FIEO (Federation of Indian Exporter Organisation). 7. IMC (Indian Merchant Chambers) 8. BCCI 9. FICCI 10. CII 13. Individual/Member of the Public 2. The Chief Commissioners of Customs, Mumbai (S/Shri Joseph Dominic (Zone-II), K.M.Tiwari (Zone-I) and Jogendra Singh (Zone-III) welcomed all the members of Trade, Industry, CHAs Association and officers present in the meeting. Thereafter, the Minutes of the meeting held on 05.01.2004 were confirmed. 3. The Agenda points were taken up for discussions. The representatives of Trade, Industry and CHA association raised the following points:- I. Issues raised by Khatri Siddick
Hassam : 3.1.1. The Chief Commissioner
of Customs informed that the percentage content of the silk in the resultant
product as well as the total quantity of the silk as input used in the
manufacture of the resultant product were found to be misdeclared on the
Shipping Bills. The Test Report confirmed the misdeclaration. The case
was adjudicated expeditiously. Even in the Appeal the charge of misdeclaration
was sustained. Therefore, the doubt raised by the Departmental officers
and the test of the samples was justified. However, he assured that the
testing of the samples (when needed) will be done expeditiously without
loss of time. He also assured that instructions will again be issued to
release the consignment provisionally as early as possible to avoid increase
in transaction cost and inconvenience to the Exporters.
II Points raised by Bombay Chamber's
of Commerce & Industry: 3.2.1 The Chief Commissioner clarified that M/s.Graphite India Ltd. was served with a Deficiency Memo on 12.02.2001 and alongwith this Deficiency Memo all the original papers were also returned to the party. Thereafter, the party has not submitted the reply to the Deficiency Memo and the original documents. On 05.02.2004 the party was again contacted and requested to furnish the relevant documents alongwith reply to the query raised in the Deficiency Memo dtd. 12.02.2001. The Member present handed over the papers and it was assured that the refund claims would be processed expeditiously. 3.3 Paville Fashions Pvt. Ltd.: It was stated that Drawback claims against the Shipping Bill No. 5011058 dtd. 27.3.2003 for Rs.9,453/-, Shipping Bill No.5019684 dtd. 08.4.2003 for Rs.13,071/- and Shipping Bill No.5056221 dtd. 03.6.2003 for Rs.4,903/- are still pending with Air Cargo Complex, inspite of fulfilling the requirements by company. 3.3.1 The Chief Commissioner
clarified that all the three drawback claims were sanctioned on 11.4.2003,
15.10.2003 and 04.4.2004 respectively. The Member present confirmed the
sanction of the drawback claim and requested not to discuss the issue
further. We shall be agitating with the Govt. about the illegality about the withdrawal of the said scheme, since some exporters have already been granted DEPB under the said scheme. However, what we wish to discuss is the question of shortage of staff per se and failure of the Customs staff to trace files. These issues are hurting Trade in its entire interface with the Customs. We desired a detailed discussion in the matter in order to find solutions. 3.4.1 The Chief Commissioner clarified that none of the Commissionerates i.e New Custom House, Air Cargo Complex or Nhava Sheva has reported any shortage of the staff to the Board and therefore it is not correct to say that because of shortage of staff, the scheme of allowing conversion of Free Shipping Bills to DEPB has been modified by the Board under Circular no. 4/2004 dtd. 16.01.2004. The Chief Commissioner further clarified that the issuance of an amendment to the above said Circular is a Policy matter within the powers and jurisdiction of the Ministry of Finance and cannot be interfered with at our level. Therefore, he requested the Members to agitate the issue before Ministry in case they were not satisfied with the present amendment. 3.5 Customs & EDI : It was stated that the Director (Systems) has visited Mumbai several times in order to explain the new parameters of EDI, more specifically the Icegate Project. We have been given some very exciting insight in these areas. We shall be grateful if update is given to us in the matter. 3.5.1 The Chief Commissioner urged the Members of the Trade
to take maximum benefit of the Icegate facility as at present it was not
been used to its optimum level. He also stated that update of EDI is circulated
on regular basis by way of issue of Public Notices. The Website of the
individual Customs House is also updated with the latest developments.
He called upon the Trade to put forward the problems faced by them while
using EDI Icegate system and also their views and suggestion for improvement
of the system to the Directorate General of Systems, New Delhi. Some of
the Members of the Trade brought out that the petty amendments such as
change of name of Vessel, Port, Omission and Commission of figures and
letters create difficulty while using Icegate system and thus consume
lot of time. The Members expressed that regular meetings with the System
officials be held to discuss the problems faced by them and improve upon
the working of the system. The Chief Commissioner stated that a regular
meeting once in two months will be organised with the officials from the
Directorate of Systems and the local Systems Managers to ameliorate the
difficulties of the Trade.
IV Points raised by Shri Rajiv Gupta : 3.6 Demand for C.Excise certification in case of deemed export licences for release of bank guarantee: It was stated that two times certification is not a solution to the problem but it only adds up in terms of transaction costs and delays. RLA views in this matter may please be considered. 3.6.1 This issue was discussed
in the last Open House Meeting held on 05.01.2004 and it was minuted at
Para 3.9.1 that DGFT will examine as to whether the original certified
documents submitted to them can be returned to the exporter for their
production to the Customs Authority. Shri S.S.Sandhu, Jt. DGFT, explained
that verification is necessarily to be done and DGFT is not equipped to
verify the facts and therefore the verifications by the Excise Officers
cannot be dispensed with. The Chief Commissioner clarified that to expedite
verification he will address Chief Commissioners of C.Excise to verify
deemed export of 100% EOU expeditiously to avoid escalation of the transaction
cost and delay in use of licence.
3.7 Shipment on valid for shipment endorsement counter receipt : It was stated that the decision in this matter from the RLA is awaited. 3.7.1 This point was raised
in the last Open House Meeting held on 05.01.2004 and it was minuted at
Para 3.10.1 that DGFT will examine the issue independently and issue instructions.
Shri S.S.Sandhu, Jt. DGFT, clarified that issue has to be studied in depth
and therefore the Chief Commissioner Shri Joseph Dominic advised to form
a committee headed by Shri S.S.Sandhu, Jt. DGFT and assisted by S/Shri
Rajendra Singh, Jt. Commissioner (E.P) and Srinivas Rao, Jt. Commissioner
(JCH) to study the problem and suggest appropriate solutions.
3.8 Amendment in the name of the vessel & voyage number : It was stated that the decision in this matter from the RLA is pending. 3.8.1 The Chief Commissioner
clarified that the issue was discussed in the Open House Meeting held
on 01.12.2003 also. He clarified that instructions will be issued to all
the officers that wherever amendments are done manually on the Shipping
Bills, these amendments would be properly signed and stamped with the
name and designation of the officer to avoid any difficulty in DGFT office.
3.9.1 The Chief Commissioner clarified that Department is issuing certificates in such cases and Trade was requested to bring up details of any specific cases where such certificate has been delayed or denied. 3.10 Levy of anti-dumping duty : It was stated that it is not possible that duty is illegally collected in the first place and thereafter the importer is made to run from pillar to post to get the refund of it. Therefore, clear cut instructions are needed down the line for implementation. 3.10.1 The Chief Commissioner clarified that this point was discussed in the last Open House Meeting held on 05.01.2004 and as minuted at Para 3.12.1 of the Minutes dtd. 21.01.2004, the Anti-Dumping duty shall be charged as along as the Notification for charging Anti-Dumping duty remains valid. 3.11 Registration at one port suffices : It was stated that decision is not getting implemented. Can the instructions be issued ?. 3.11.1 The Chief Commissioner pointed out that this issue was raised in the Open House Meeting held on 01.12.2003 and as per Para 3.3 of the Minutes dtd. 10.12.2003 it was clarified that Registration at one port in Mumbai would suffice for clearance at the other two ports and Members were requested to bring out any difficulty faced by them in any specific case. V. The following points outside the Agenda points were also taken up for discussions : 3.12 Shri George Joseph, ASSOCHAM brought out there is no uniformity in the format used in Bank Guarantee containing Automatic Revalidation Clause and therefore he desired that a proper Bank Guarantee format may be devised and circulated so that all the Customs House of Zone-I, II and III uniformly accept the same. 3.12.1 The Chief Commissioner
clarified that this issue has to be decided after proper examination as
it involves legal aspects. He requested the Trade to furnish their difficulties
in detail to the Commissioner of Customs (Import), Mumbai Zone-I for in
depth examination. 3.13 Shri Bharat Shah of BCHAA requested that Public Notice may be issued so that SBI, ACC Branch would accept payment of duty payable by the couriers. 3.13.1 Shri Omprakash Agarwal of BCHAA intervened and stated that the Public Notice is being issued in this regard as informed by Shri M.C.Thakur, Commissioner of Customs (Airport). Therefore, this point need not be discussed any further. 3.14 Shri Sorab P. Engineer of BCHAA requested that the facility of not submitting a Bank Guarantee by Status Holders may be extended to all areas of Customs clearances viz. Imports etc., and should not be limited only for the purpose of Exports. 3.14.1 The Chief Commissioner
informed that Bank Guarantees are obtained for various specified purposes
in case of Imports and as such no general exemption from executing any
Bank Guarantee can be given in case of Imports made by the Status Holders.
3.15.1 Shri Darshan Singh, Jt. DGFT, clarified that under EPCG Scheme the exports made after the installation of the goods imported under the EPCG Scheme would only be counted towards the Export Obligation. 3.16 Shri Gulam Mohd. of FIEO brought out that as per new Policy sample for ascertaining content of Azo-dyes have to be reduced from 100% to 25% and the test report are to be valid for 6 months. 3.16.1 The Chief Commissioner clarified that DGFT has to specify the accredited Agencies and, therefore, he requested the Trade to approach DGFT for solution. 4. Thereafter, the Chief Commissioner of Customs, Zone-II specifically requested the Trade and the Association to submit their points for discussion in the meeting in elaborate, specific and accurate manner, so that the same could be addressed/redressed efficiently and properly. The Chief Commissioner of Customs, Zone-II, also requested the Trade to pay the duty as soon as the assessment of the Bills of Entry is completed. This measure will help the Department to achieve maximum revenue in the Financial Year ending 31st March, 2004. 5. The Chief Commissioners of Customs thanked all the members present. 6. The next meeting will be held on Monday, the 8th March, 2004 at 15.30 hrs.. The points sponsored for the meeting should reach the O/o Chief Commissioner of Customs, Mumbai Zone I, II & III latest by 20.02.2004 positively. (O.P.KHANDUJA) Copy to : Copy for information and wide circulation to : All Associations with a request to inform members to
view the minutes on the website of Mumbai Customs at www.mumbaicustoms.gov.in
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