Office of the Chief Commissioner of Customs (Dz)

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OFFICE OF THE CHIEF COMMISSIONER OF CUSTOMS (DZ):

NEW CUSTOM HOUSE: NEAR I.G.I. AIRPORT: NEW DELHI – 110037

Telephone No. 011-2565 4160, Tele Fax No. 011-2565 5392E-mail:

C.No.: CCCU(DZ)/CUS/Tech./CCFC/176/2017/ Date: /10/2017

To,

1. The Deputy Director, Food Safety and Standards Authority of India (FSSAI), Ministry of Health and Family WelfareGround Floor, CHEB Building, Near FDA Bhawan, Kotla Road, New Delhi-110 002.
2. The Regional Officer (NR), Animal Quarantine and Certification Service Station (AQCSS), Government of India, Ministry of Agriculture, Department of Animal Husbandry, Dairying and Fisheries, Kapashera (Crossing), New Delhi – 110 037.
3. The Regional Deputy Director, Wild Life Authority, Wildlife Preservation (WCCB), Northern Region, Bikaner House, Shahjahan Road, New Delhi.
4. The Assistant Director (E), Plant and Quarantine (PQ), NPQS, Rangpuri,New Delhi – 110 037.
5. The Assistant Drugs Controller (I), Central Drugs Standard Control Organization (CDSCO), Directorate General of Health and Family Welfare, FDA Bhawan, Kotla Road, New Delhi-110002.
6. The Member (Secretary), Delhi Pollution Control Committee (DPCC), 6th Floor, C- Wing, Delhi Secretariat, New Delhi- 110002.
7. The Assistant Director, Textiles Committee (TTC), 40, Community Centre, Ph. – I, Naraina Industrial Area, New Delhi 110028.
8. Delhi Customs Clearance AgentAssociation (DCCAC), 260/261, Anarkali Bazar, Jhandewalan Extension, DDA, Shopping Complex, New Delhi-110005.
9. Express Industry Council of India, EICI Express Terminal (Near Haj Terminal),
   IGI Airport, New Delhi - 110037.
10. The General Manager (Cargo), DIAL, New Udaan Bhawan, Near Terminal-3, IGI Airport, New Delhi.
11. The CEO, CELEBI, Import Shed, Cargo Terminal, New Delhi.
12. The General Manager, DCSC Cargo Terminal, New Delhi.
13. Container Corporation of India, Tughlakabad New Delhi.
14. Central Warehousing Corporation, ICD Patparganj, Near Ghazipur, Delhi-110096.
15. The Wireless Advisor, Wireless Planning & Co-ordination wing, IMS Campus, Mehrauli-Gurgaon Road, Ghitorni, New Delhi-110030.
16. BAR INDIA C/o Fedex Express Transportation and Supply Chain Services (India) Private Ltd., 1st Floor, Express Terminal, Cargo Terminal III, IGI Airport, New Delhi-110085.

Sir / Madam,

Subject:Meeting of Customs Clearance Facilitation Committee (CCFC)held on 26.10.2017 – Forwarding of Minutes of Meeting – regarding.

Please find enclosed the Minutes of Meeting of Customs Clearance Facilitation Committee (CCFC) held on 26.10.2017 at New Custom House, New Delhi for information and necessary action at your end.

Yours sincerely,

(Anurag Sehgal)

Joint Commissioner

CCCU (DZ)

1. The Commissioner of Customs, Air Cargo (Import), New Delhi.
2. The Commissioner of Customs, Air Cargo (Exports), New Delhi.
3. The Commissioner of Customs, ICD (Import), TKD, New Delhi.
4. The Commissioner of Customs, ICD (Export), TKD, N. Delhi.
5. The Commissioner of Customs, I.C.D., Patparganj, Delhi.
6. The Commissioner of Customs, I.G.I. Airport, New Delhi.
7. The Commissioner of Customs (General), New Delhi.

Minutes /Actionable points arising out of the CCFC Meeting held on 26.10.2017:

In compliance to CBEC Circular No. 13/2015-Customs, dated 13.04.2015, the meeting of CCFC was held on 26.10.2017, in Room No.103, New Custom House, New Delhi, under the Chairmanship of Shri Sunil Kumar Sawhney, Chief Commissioner of Customs (DZ).

The meeting was attended by the following officers:

Sr. No. / Name of the Officer
(S/Shri/Ms.) / Designation & Department / Phone Number / E-mail-Id
1. / O. P. Dadhich / Pr. Commissioner, Custom Preventive / 25652984 /
2. / Sanjeev Srivastava / Commissioner of Customs, ICD-TKD (Export) / 26366658 /
3. / V. Sangeeta / Commissioner of Customs, ACC (Import) / 25652970 /
4. / S. K. Sinha / Commissioner of Customs, ACC (Export) / 25655385 /
5. / Rajesh Nandan Srivastava / Commissioner of Customs, ICD-TKD (Import) / 26368848 /
6. / Manish Kumar / Commissioner of Customs (IGI Airport) / 25652090 /
7. / B. B. Gupta / Commissioner of Customs, ICD, PPG / 22233091 /
8. / Vinay Kumar Singh / Additional Commissioner
(TKD Export) / 26360845 /
9. / Anurag Sehgal / Joint Commissioner, CCCU (DZ) / 25652380 /
10. / Zamir Ahmed / Asstt. Commissioner, CCCU (DZ) / 25656086 /
11. / Umesh Chandra / Deputy Director, National Plant Quarantine Station / 9999013803 /
12. / P.S. Atree / President, DCCAA / 9810034455 /
13. / Gurvinder Singh / Hon. Secretary DCCAA / 9810003738 / dccaa.dccaa.in
14. / Vipin Jain / Member, DCCAA / 9873087102 /
15. / Yashpal Taneja / BAR(I) C/o Fedex Regulatory Advisory / 9811671016 /
16. / Manoj Sharma / S&M, CELEBI / 9650893310
25601310 /
17. / Anil Koinala / Group General Manageer, CEO, NR CONCOR / 9971471705 /
18. / Sumant Kr. Behera / DGM (C&O) TM/TKD CONCOR / 9163390917 /
19. / Dr. Vijay Kumar / RO AQCS / 25063272 /
20. / Tarun Sabharwal / AGM Cargo, DIAL / 47197906,
9810056073 / Tarun.sabharwalgmrgroup.in
21. / Dr. S. Rajesh / Regional Director, WCCB / 9968534165 /
22. / Dr. I. S. Hura / ADC, CDCSO / 9868260095 /

At the outset, Shri Sunil Kumar Sawhney, Chief Commissioner of Customs (D.Z.) welcomed all the participants and initiated the proceedings and informed the participants about the objective and mandate of CCFC and sought the cooperation of all participating Government agencies and other stake holders in meeting the objective of CCFC which is to facilitate the genuine trade in their imports and exports and their ease of doing business.

2.Thereafter the following agenda items of the CCFC meeting were taken up:

A.Animal Quarantine and Certification Service Station (AQCSS)

Issues:

1.Implementation of DGFT Export Notification No. 34/2015-2020 dated 13.01.2017:Customs field units may be sensitized and public notices may be issued for proper export health certification need to be taken from AQCS keeping in view the International requirements and trade facilitation. This is also necessary to avoid rejections and delay clearances at destination. Public Notice needs to be issued by the Customs.

Response: It was observed by the Chair that that no specific instances have been cited by the AQCSS. Their representative was requested to provide specific instances of requisite certificates not having being taken for a more considered response. As regards, Public Notice, the Chair directed the Commissioners of Customs, ACC (Export), TKD Export, and Patparganj to issue the same in line with the DGFT’s notification dated 13.01.2017.

2.NOC (LG) cases:AQCS proposes NOC (Letter of Guarantee) in some cases as per single window provision where testing is required. In case any consignment is found positive for any disease or parameter after testing then can the consignment be retrieved by Customs for necessary deportation/destruction? And how Custom will ensure that the importer does not use / market the consignment till NOC (LG) is converted to final clearance after testing?

Response: In this connection, it was observed that in the cases where AQCS NOC (LG) is required as per single window system, OOC is given only after obtaining NOC from the AQCS. Further, if any consignment is reported by AQCS as found positive for any disease or parameter after testing, the OOC is not given and such consignments are adjudicated and ordered for re-export or destruction at Bio-Medical Waste Management facility at the cost of the importer.

The Chair informed that customs authorities shall continue taking requisite undertaking from the importer in the cases where testing is required Further action in the matter may be taken as per the final report of AQCS.

3.Import of livestock and livestock products through courier mode are not referred by courier Customs for AQCS clearances.

Response: It was observed in this regard that no import of livestock has taken place at the New Courier Terminal (NCT) till now since its inception. Further, Livestock products are referred to FSSAI (in case of edible products) and Wild life authorities (in case of leather goods, hair samples etc.).

The Chair observed in this regard that since all courier operations have gone online [Express Cargo Clearance System (ECCS)] with effect from 25.10.2017, this issue may not survive. Commissioner, ACC (Export) was however advised to go through the relevant reference mandate as per the relevant provisions of the Act of the AQCS authorities, as far as clearances from the FPO are concerned, so as to examine the matter expeditiously.

B.National Plant Quarantine Station (NPQS):

Issues:

1.Providing one fumigation chamber in Air Cargo Complex for the fumigation of the imported consignments received to follow the set standard procedure prescribed for international norms for the purpose of fumigation of material received by cargo office, it will be in the interest of centre to strengthen the fumigation procedure as per international norms.

Response: It was observed in this connection that DC (Shed) in theAir Cargo Complex has already taken up the matter with the custodian.

That being so, the Chair desired that necessary steps may be taken by the Custodian at the earliest, in this regard.

C.Delhi Customs Clearing Agents Association (DCCAA):

Issues:

1.Erratic functioning of ICEGATE System: It has been observed for the last 10 to 12 days of erratic functioning of the ICEGATE System resulting in late filing/slow processing of Bills of entry.

Response: It was observed in this regard that in the month of September and October, on all the instances wherein systems related issues were reported by the trade/service centre, prompt action was taken and matter was escalated to the Saksham Seva team etc., and the issues were resolved.

However, representatives of the DCCAA also raised the issue of waiver of late filing charges when the Bs/E are filed late due to the system related issues. In this context, the Chair desired that Commissioners concerned may evolve a suitable mechanism to deal with such issues on case to case basis, so that appropriate decisions are taken within the specified protocol of approvals.

2.Notification No. 36/2017- Customs (N.T.) dated 11th April, 2017 issued from CBEC: In the view to encourage importers to file prior Bill of Entry for speedy clearance, Board has issued above notification vide which they have fixed the fees for various amendments in IGM/Bills of Entry etc. It has been observed that some of the officers of the department are levying penalties under section 117 of Customs Act 1962, in addition to the prescribed amendment fee. In our opinion, penalties under section 117 of CA, 1962 should not be imposed when amendment fee has been prescribed/ charged as per the above mentioned notification. Request from the trade that suitable orders/instructions to be issued in this regard.

Response: In this context, it was observed by the Chair that for the purposes where specific fees has been prescribed by the Board for amendment in the Bill of Entry, no penalty becomes should be levied provided the specific matter does not involve malafide or suppression etc., on the part of the importer, which may entail relevant penal provisions as per the Customs Act, 1962.

D.Express Industry Council of India (EICI):

Issues:

1.Cosmetic shipments in small qty./value consigned to Individuals for personal use should be exempted from ADC NOC under express mode.

Response: In this context, it was brought to the notice by the representative of the Drug Controller office that under the Drugs and Cosmetics Act, exemption is available only for the goods brought as Baggage and not to the Courier mode of import.

The Chair advised EICI to take note of the provisions of the Drugs & Cosmetics Act which preclude such items to be imported through Courier.

E.ICD TKD IMPORT:

Issues:

1.Delay in clearance of imported goods due to non-receipt of online NOC from AQCS:

Commissioner of Customs, ICD TKD Import has informed that in the some cases, initially the Animal Quarantine and Certificate Service (AQCS) authority had given rejection report on the system instead of withholding the same. However, after considering the importer's version and testing of samples, the consignments were given NOC by them manually on the Bills of Entry. Further, the said Bills of Entry had to be reverted on system to A & Q Authorities for giving online NOC. This has delayed the clearance of goods. Details of such cases are as under:

Bill of Entry No/Date / Importer Name / Item / A & Q Registration No.
3001172/
28.08.2017 / Good Health Nutrition / Food Supplements / 148/30.08.2017
2950790/
23.08.2017 / Vigour Agrritech Solutions Pvt. Ltd. / Plant Nutrient / 2675/11.09.2017
3006699/
28.08.2017 / Orion Commerx / Piumino Anitra Grigia Grey Duck Down / 153/11.09.2017

Response: It was mentioned by the AQCS representative that in all these cases, initially NOC was denied in the system on the basis of prima facie observations, as per norms. However, subsequently, on importer’s plea and after testing of samples, the approval for clearances were given either by the competent authority in the Administrative Department or in compliance of Court’s orders.

The Chair desired that competent authority in the Department may be apprised by the AQCS about the quasi-judicial processes as per the Customs Law which get triggered consequent to the receipt of the first observations denying NOC of AQCS or any other PGA which involve passing of speaking order including imposition of fine and penalty, besides appropriately dealing with the subject goods. In the aforesaid cases, it was observed that the 2nd opinion was given after considerable period of time. Hence, it is desirable that any subsequent revision of their opinion has to thus take place within a reasonable time.

ADDITIONAL POINTS:

1. WCCB: With the permission of Chair, their representative submitted the following points:

1. As an isolated case, a coral item was referred manually and not through the system to the PGA.In this connection,theChair desired that this specific instance may be shared with the Commissioner concerned, so that such instances do not recur in future.
2. In case of CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) backed items, certificate has to be necessarily obtained at the time of import. In this connection, the Chair desired that specific details may be shared with all the Commissioners concerned for putting up a proper system in place for imports wherein convention based certificates are mandated.
3. Purging of old Bs/E in the system: In this connection, the Chair asked them to submit the detailed list to the Commissioners concerned directly.

1. Commissioner of Customs, ICD, Patparganj brought to notice the case of M/s Combitic Global, a 100% EOU, who are regular importer/exporter of pharmaceutical products, wherein the party has requested to put in place a mechanism so that NOC from ADC is not insisted for the same/similar product having different batch number of the export consignment to save time for smooth exportation of goods, similar to the exemption available for food items by FSSAI. In this regard, it was pointed out by the ADC representative that already destination based exemption was available for reputed manufacturers, and they may take up this specific request also for examination.

The Chair further observed that the aforesaid representation of the above named exporter may be sent by the Commissioner of Customs, ACC (Export) to the ADC for its appropriate consideration under intimation to the exporter.

CONCLUSION: The Chairthanked all the participating member / agencies and stated that the trade facilitation can be further enhanced with the support of all concerned. It was also stated that PGAs and other stake holders need not wait for the CCFC meetings and take up the issues requiring intervention by the customs authorities with the respective Commissioners, without delay.

The meeting ended with the vote of thanks to the Chair.

(Anurag Sehgal)

Joint Commissioner

CCCU (DZ)

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