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Procedure for disposal of unclaimed / uncleared cargo under section 48 of the Customs Act, 1962, lying with the custodians – regarding

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..... epartment, in the past, has taken a number of measures to ensure expeditious disposal unclaimed/ uncleared cargo lying in Air cargo Complexes/Ports/ ICDs/CFSs/LCSs . 2 The custodians have brought to the notice of the Board that considerable time is being taken by Customs in fixing the fair price which eventually delays the process of fixing the "Reserve Price" by the custodian. At time the reserve price is so high that the goods are not sold even in three auctions and over a period of time the quality of goods deteriorates. 3 The matter has been examined by the Board. In order to ensure expeditious disposal of unclaimed/ uncleared cargo, under section 48 of the Customs Act, 1962, and landed upto 31.3.2003, and lying with custodians, .....

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..... y value arrived at by the Customs Appraisers earlier], which should include an expert on the product line. In case any request is made by the custodians, the Customs shall make available to the custodian the services of an Appraiser to serve on the panel. In cases of doubt, the same may be referred to a panel of three valuers whose decision shall be final. (v) The customs will not insist on complete and detailed inventory of the contents of the consignments to be drawn in their presence. They shall, instead choose 10% consignments for which detailed inventory shall be made in their presence for sample check. (vi) The disposal of the goods shall be made by public auction. The date of the public auction shoul .....

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..... oms shall not withdraw any consignments at the last moment from the auction except with the written approval of the Commissioner of Customs. (x) For each consignment which is sold the custodian will file a consolidated Bill of Entry, buyer-wise, for assessment of the effective rate of duty by the Customs. Auctioned goods will be allowed out of charge only after the duty assessed is paid by the custodian [Refer Unclaimed Goods {Bill of Entry} Regulations, 1972]. (xi) The sale proceeds shall be shared as per the provisions of section 150 of the Customs Act, 1962. 4 The above instructions are being issued as a one time interim administrative arrangement to ensure that the unclaimed/ uncleared cargo pendi .....

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