Circular No. 14/2007-Cus Dated 16/3/2007
International transshipment of LCL containers at Indian Ports- regarding.-
The
Board has received references from the trade and industry on the issue of
introducing a procedure for transshipment of goods meant for ports outside
2. The issue has been examined by
the Board. As per sub-section (2) of section 54 of the Customs Act, 1962
transshipment of imported goods to any place outside
3.
The following procedure
shall be adopted on arrival of the international transshipment (ITP)
containers of Less than Container Load (LCL) cargo,-
(i)
The application for
international transshipment of FCL cargo can be made by master of the vessel or
his authorized agent, Non-Vessel Operating Common Carrier (NVOCC) or any other
person duly authorized in this behalf by the foreign supplier.
(ii)
No goods for international
transshipment should be unloaded from the vessel until the permission for the
same has been given by the AC/DC authorized in this behalf by the Commissioner
of Customs, on the basis of manifested details in IGM.
(iii)
The ITP container details
such as Container Number, broad description of goods etc. shall be mentioned in
the Import General Manifest. In the
electronic manifest, there are fields for specifying (a) Port of destination,
and (b) ‘cargo movement’ code. For
cargo movement, there are three codes which need to be filled correctly with
proper port of destination. These
are explained in details as follows:
(1)
‘LC’ – Local Cargo:
This refers to the port code where cargo is delivered.
It is the same as the port of arrival.
(2)
‘TC’ – Transshipment
Cargo: It refers to international
cargo and the port of destination shall be the port code where transshipment
cargo is destined to or delivered.
(3)
‘TI’ – Transshipment
to ICD: This is the local cargo
where the cargo meant for transshipment to hinterland port i.e. ICD.
The port of destination is the port code of the ICD.
As
regards the electronic manifest message, there is a field to specify that
whether the cargo is FCL or LCL or ‘EMPTY’.
This field is called ‘Container Status’.
The line and the sub-line numbers provide the inter-linkage between the
cargo details and the container details. Therefore,
the existing EDI System in ICES can be used for Customs documentation and
processing.
(iv)
The unloading of such ITP
containers at gateway port would be in presence of Customs Officers. The
containers would be taken to approved place / premises under Customs escort.
Custodian of such premises would provide a segregated secure space for ITP
containers.
(v)
Customs Officers would
examine the Seal of the ITP Containers. In
case of tampering of the Seal, such Container should be immediately resealed
with the Customs Seal in the presence of the Custodian / Shipping agent and same
should be recorded. Such containers
will be examined 100% by the Customs Officers and findings recorded thereof.
Such cases will be put up to the AC / DC in charge for further action.
(vi)
LCL Cargo meant for a
foreign port (any port outside
(vii)
Whenever the LCL cargo are
required to be exported to foreign destination, The re-stuffing of such LCL
Cargo meant for the foreign port along with the export cargo would be done under
the supervision of a Customs officer. Further Container would be sealed in
presence of a Customs Officer.
(viii)
The details of LCL cargo
would be entered in Export General Manifest.
(ix)
Custodian would maintain
the record of ITP LCL cargo, both loaded and unloaded, and submit a monthly
summary to Customs. He shall execute
a general bond for an amount equal to the approximate value of goods expected to
be imported in 30 days for the purpose of international transshipment.
In such bond, custodian should undertake to export transshipment cargo
within 30 days or within extended period as Commissioner may allow and follow
all the relevant Acts, Rules & Regulations in force.
(x)
Custodian would be
responsible for safe handling of the LCL cargo and ensure that there is no
intermixing of ITP LCL cargo with other cargo lying with the custodian.
4.
International transshipment of cargo needs to be effected within 30 days
of Entry Inward of the importing ship. The permission for transshipment would
not be given to cargo having arms, ammunition, explosives and other cargo
considered as constituting a threat to the security/safety and integrity of the
country and other goods attracting prohibition under section 11 of the Customs
Act, 1962. However goods which are ‘restricted’ as per the Foreign Trade
Policy may be permitted for transshipment to destination abroad.
Further, transshipment shall not be allowed to any port / destination, in
respect of which any order or prohibition is in force for the time being.
Commissioners may also prescribe any additional safeguard for securing
safe transshipment. The provisions
of Section 48 relating to the procedure in case of goods not transshipped within
30 days after unloading shall apply to the goods meant for transshipment as
these are covered under the scope of “imported goods”.
5. In order to introduce international transshipment of LCL containers, the Custom Houses need to identify suitable premises within the approved place under their jurisdiction for the purpose of safe custody of imported goods and for such other authorized operations. Commissioners should adopt consultative approach with the stakeholders / operators to identify particular premises for such international transshipment. Following factors may be considered by the Commissioner for identification of the premises,-
(i) Location of the premises.
(ii) Availability of adequate infrastructure - modern handling equipment for loading, unloading of containers from rail flats, chassis, their stacking, movement, cargo handling, stuffing/de-stuffing, refrigerated storage facility for perishable cargo etc.
(iii) Availability of sufficient secured area for segregation/ consolidation of cargo and for its safe handling.
(iv) The premises need to be connected with Custom House on EDI to handle the transshipment in ICES.
(v) Experience of Custodian in handling import export matters and working knowledge of Customs Act, rules and regulations.
(vi)
Logistics arrangements including constraints, if any, in movement
of containers between approved place / premises and port.
6. The above instructions may be brought to the notice of the Trade immediately through appropriate Public Notice. Jurisdictional Commissioners may also indicate detailed operational procedure, taking into account the requirements, physical movement involved in carrying goods to the approved place / premises etc. at individual Customs stations, keeping in view of the Board’s instructions.
7. Receipt of this Circular may kindly be acknowledged.
F.No.450/99/2005-CUS-IV
Yours
faithfully
(Anupam
Prakash)
Under
Secretary to the Government of