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Procedure for sale of unclaimed/uncleared goods - CBEC's Customs Manual 2023 - Customs

Extract

..... her listed goods/cargo can be taken up for disposal through public auction. The list will contain the following details: (a) Bill of Lading No. and date (b) Container number (c) Description of goods (d) Weight (e) Name of the consignor (exporter) and consignee (importer). These details will be furnished as per the information available from the IGM message of ICEGATE. (ii) The custodian shall simultaneously update the list with importer’s name and address. In those cases, where the address of the importer is not mentioned in the IGM message from ICEGATE, a notice shall be sent to the respective Shipping Line requesting them to give address of the importer/consignee within one week of receipt of the notice. The Shipping Line will be ob .....

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Procedure for sale of unclaimed/uncleared goods - CBEC s Customs Manual 2023 - Customs

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..... cess for which detailed inventory shall be made in their presence for sample check. This will be conveyed to the concerned custodian along with the list of shipments/containers which are required to be retained. (v) (a) Based on the intimation received from Customs, the concerned custodian will issue a notice to importer under Section 48 of the Customs Act 1962 advising him to clear the goods within 10 days from the date of issue of the notice failing which the goods will be placed in public auction. Notice will be sent to the importer on the address as given in IGM message available with the custodians, or the address ascertained from the shipping lines in terms of the para 3 (ii) above. (b) A copy of the notice issued to the importer unde .....

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Procedure for sale of unclaimed/uncleared goods - CBEC s Customs Manual 2023 - Customs

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..... ch such unconditional NOCs are issued by Customs, shall be taken up for auction by e-auction through MSTC to ensure maximum outreach and participation. In order to ensure quick and regular turnover, the concerned custodian shall attempt to hold at least one auction each month. In case the list is incomplete and does not have the complete details for Customs to clearly pinpoint the regulatory requirements, Customs shall indicate the deficiencies in the list, within this period of 15 days. (ix) In case regulatory clearances from agencies other than Customs are required such as NOC from FSSAI, Drug Controller, BIS etc., or samples of the consignment are required to be chemically analysed to identify the contents and fitness for consumption/ us .....

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Procedure for sale of unclaimed/uncleared goods - CBEC s Customs Manual 2023 - Customs

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..... he need for the same be felt. (xii) The value of the shipment/lot included in the auction list shall be fixed in next 7 days by a panel of Govt. approved valuers appointed by the concerned custodian which shall include an expert on the product line without involvement of the local Customs authorities. The values assessed by the approved valuers appointed by the custodians shall form the “reserve price”. (xiii) The concerned custodian shall fix a date immediately after assessment of value of such shipment/lot, for holding the auction/tender and communicate such date to the jurisdictional Commissioner of Customs and the Assistant/Deputy Commissioner, Disposal branch of the Customs Station. The Assistant/ Deputy Commissioner shall .....

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Procedure for sale of unclaimed/uncleared goods - CBEC s Customs Manual 2023 - Customs

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..... ommissioner of Customs for approval. Further, if these goods remain unsold and pass into the category of landed-more than one-year prior, the concerned custodian can sell the same following the independent procedure as detailed in para 3 of CBIC Circular No. 50/2005-Cus. dated 01.12.2005 without any reference to Customs, and adjusting the number of auctions/ tenders to which the lot was already subjected to against the prescribed number of four such auctions/ tender. However, even for such goods the requisite NOC from Customs will be obtained by the concerned custodian following the procedure laid down in paras above. (xv) After the successful bidder has been informed about the result of the auction, a consolidated bill of entry, buyer-wise .....

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Procedure for sale of unclaimed/uncleared goods - CBEC s Customs Manual 2023 - Customs

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..... n respect of which: (a) auction process has not started yet; or (b) list of cargo proposed for auction has been sent to Customs by the custodian but Customs has not yet provided the necessary information as referred in the para 3 (i) and 3 (iv) above 3.3 The sale proceeds of the auction shall be disbursed as per Section 150 of the Customs Act 1962. 3.4 In case the entire process of auction is not concluded within 180 days of the commencement of auction, the custodian shall inform the bidder about further extended time which may be required to conclude the auction process. Where ever, the bidder indicates his unwillingness to wait further, his successful bid will be cancelled and the earnest money, if any deposited with the custodian by the .....

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Procedure for sale of unclaimed/uncleared goods - CBEC s Customs Manual 2023 - Customs

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