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Procedure to be followed for granting of Letter of Factory Stuffing Permission (LoFSP) to manufacturer-exporters, merchant-exporters and onetime/first time exporters and seasonal exporters on prior verification basis

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..... ved from the Exporting Communities are regulated. However, the procedures of the said Public Notices call for a revisit in the context of number of frauds detected involving the misuse of the Factory Stuffing Permissions. The procedure of granting of Factory Stuffing Permission on post-verification basis has also failed to fulfill the objectives sought for. It was also noticed that the verification reports regarding the genuineness of the premises where export goods were sought for stuffing in number of cases were pending for long which necessitated the cancellation of Factory Stuffing Permission granted to such exporters. It is also a fact that many a times the central excise field formations do not have adequate manpower to offer their services to the supervision of export stuffing at the factory premises of the exporters. Thus, being informed about the host of factors discussed above, it has been decided to make the changes in the procedure for grant of factory stuffing permission as outlined below. 2. The FSP Cell, herein after will issue Letter of Factory Stuffing Permission (LoFSP) in the format as annexed to this Public Notice (Annexure A) to the categories of exporters m .....

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..... 09 dated 28.08.2009. 8. Exporters also seek ONE Day permission and request for stuffing of containers at Turbhe Railway Station / Grain Yard at Sewri Station and private warehouses at APMC Market Vashi on MOT basis. Since the goods are bulky in nature (sugar, vegetable oil etc.) they need to be stuffed into the containers directly from the Railway wagons at the Railway yard itself. However, the LoFSP will be granted in these cases on their compliance of the P.N.No 58/2009 dated 28.08.2009 and on verification of IEC from DGFT website. 9. Though the LoFSP granted to manufacturer -exporters and others is one time permission in nature, their track record will be monitored and reviewed periodically i.e after a period of every six months. The LoFSP will be cancelled forthwith in cases where the verification report is adverse, not received within the stipulated period and / or the exporters are facing any proceedings under Customs, Excise, Service Tax or any other allied Acts. 10. All the exporters who seek LoFSP shall submit their request in the prescribed application form (as in Annexure-B) along with the following documents to the FACTORY STUFFING CELL, of this Customs House:- .....

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..... ent any possible misuse of the permission of such dysfunctional or defunct exporters by unscrupulous exporters, it has been decided to call for the permissions so issued prior to 2007 to all exporters and revalidate them. Hence, the concerned exporters are hereby required to approach this office with the original permission within a period of 30 days from the date of issue of this Public Notice. 15. Any difficulty experienced in the implementation of this Public Notice may be brought to the notice of the undersigned immediately. (B. K. SINHA) COMMISSIONER OF CUSTOMS (EXPORT) To, All the Concerned Copy to :- 1.The Chief Commissioner of Customs, Mumbai Zone II 2.The Commissioner of Customs (Import),JNCH 3.All the Addl./Jt. Commissioner of Customs, JNCH 4.The Bombay Custom House Agents Association. ANNEXURE A OFFICE OF THE COM MISSIONER OF CUSTOMS (EXPORT) JAWHARLAL NEHRU CUSTOM HOUSE, NHAVA SHEVA TAL-URAN, DIST- RAIGAD, MAHARASHTRA- 400 707. LETTER of FACTORY STUFFING PERMISSION (LoFSP) (Under The Authority of PN NO 57/2001) This Letter of Factory Stuffing Permission( LoFSP) is hereby granted to M/s-------------------- .....

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..... er- Exporters for only exports other than under free shipping bills as per Boards Circular No 860/18/2007-CX dated 22.11.2007. EXAMINATION ORDER (AS MAY BE APPLICABLE) Verify particulars as per Invoice and Packing List; Inspect Container No. (As declared on Invoice); Verify empty container, Inspect Lot, Check Marks and Numbers; Examine 10% after selection, Check description, classification, Quantity, Weight, Value and quality, specification, Technical characteristic, grade size, weight, thickness, items Nos., Part Nos., Make Model, Composition etc., of the input; Draw representative sample in duplicate and forward the same duly sealed; Ensure one time tamper proof bottle sealing in terms of the Boards Circular No. 1/2006 dtd. 02.01.2006 (F.No. 450/86/2005-Cus-IV) ; Verify ISPMNO15compliance; eligibility of and correctness of scheme incentive claimed ; verify and ensure that the goods being exported / stuffed are not part/components of arm/ammunition and do not contain any prohibited items. INSTRUCTIONS TO THE FACTORY STUFFING SUPERVISING OFFICERS OF CENTRAL EXCISE i) Package numbers opened and examined by the officers must be recorded in the examinati .....

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..... ealing of the container should be carried out under the supervision of AC/DC. xiv) Please compulsorily verify as to whether the raw or solid wood packaging material(SWPM) used for packing of the export goods are treated and marked as per the provisions of International Standards for Phytosanitary Measures( i.e ISPM No. 15) or the export goods are accompanied by a Phytosanitary Certificate issued by agencies accredited or certified by Department of Agriculture and Cooperation(DAC) .( see http://agricoop.nic.in). In case of non-compliance, the matter may be referred to the Plant Quarantine authorities for proper treatment of export goods before their release as required under Boards Circular No. 14/2009-Cus dated 06.05.09 under intimation to this office. xv) Report to the JC/ADC (FSP) immediately any discrepancies noticed in respect of the export goods permitted under this instrument to this office for initiating necessary action. (RAJU SAKTHIVEL) JOINT COMMISSIONER OF CUSTOMS, ANNEXURE B APPLICATION FORM FOR OBTAINING LETTER OF FACTORY STUFFING PERMISSION. (LOFSP) 1.IEC Details i. IEC Number .....

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..... 9. PAN and Bank Details i. Pan Number ii. Issuing Authority iii. Name of the Bank iv. Account No. v. Type of Account 10. Excise Details i. Excise Registration Number ii. Issuing Authority iii. Range Address (Phone Number) iv. Division Address (Phone Number) v. Commissionerate Address. (Phone Number) 11. VAT Details i. VAT Registration Number ii. Issuing Authority 12. Turnover Details for the preceding three licensing years FY Annual Domestic Turnover (Rs. Lakhs) Annual Export Turnover ( Rs. Lakhs) (enclose copies of Balance sheets is for three years) 13. Factory Stuffing Premises Details .....

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