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Procedure in respect of clearance of import FCL (Full Container Load) containers involving Participating Government Agencies (PGAs)-reg.

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..... perators, Warehouse Keepers and members of the Trade is invited to the fact that in case of imported goods wherein NOC for home clearance is required from different participating government agencies like Plant Quarantine, Animal Quarantine and FSSAI, a considerable time is taken for clearance of consignments, which enhances the cost of transaction, congestion in the terminal/CFS as well as dwell time. In this regard, a meeting was held with the officers of FSSAI, Plant Quarantine and Animal Quarantine at the conference hall, JNCH on 20.12.2016 which was chaired by the Chief Commissioner of Customs, Zone-II, JNCH. During the meeting, as a measure of trade facilitation including reduction in dwell time of clearance of the imported consignment .....

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..... duce NOC from the respective participating government agency at the time of ex-bonding of the goods. 3. In case, the importer/customs broker files a Bill of Entry for Home Consumption and the said Bill of Entry after assessment is mandated for production of NOC from a PGA, then the importer/customs broker would be at liberty to ask for amendment for conversion of a Home Consumption Bill of Entry into a Warehouse Bill of Entry as stipulated under section 46(5) of the Customs Act, 1962. The jurisdictional Additional Commissioner, Group would consider such requests of conversion as stipulated under section 46(5) of the Customs Act, 1962. However, this exercise can be adopted only when the duty payment has not been done by the importer. 4 .....

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..... consuming one. In such scenario the time taken for clearance of the cargo i.e. dwell time increases which needs to be curtailed to increase the overall efficiency, to cut the cost and to make the imports more competitive. At the same time the strict observance and compliance is required of Allied Acts such as the Destructive Insects and Pests Act, 1914 read with Plant Quarantine (Regulation of Import into India) Order, 2003, the Livestock Importation Act, 1898 read with Livestock Importation (Amendment) Act ,2001 and FSS Act, 2006 and Rules and Regulations made thereunder. 6. The CFS custodians are requested to allocate some area within the CFS and to make a formal application with customs for de-notifying the same so that the out of ch .....

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..... mstances where the importer may be asked to furnish dual No Use Bond one in favour of the PGA and another in favour of the customs. However, it is emphasized that the facilitation measure being extended by this Public Notice should not be confused with any laxity in observance and compliance of the Acts, Rules, Regulations and Notifications of PGAs. 8. The active co-operation of the PGAs, CFS custodians, Warehouse Keepers, shipping lines, freight forwarders, importers, customs brokers is solicited for successful implementation of this public notice. At the same time, any difficulty being faced in this regard may be immediately brought to the notice of the undersigned so that the difficulties can be removed. All the stakeholders are, th .....

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..... C from PGA to the satisfaction of the proper officer and upon importer agreeing to furnish such bond as is herein contained. NOW THE CONDITIONS OF THE ABOVE BOND ARE SUCH THAT: 1. If the importer observes the relevant rules concerning the PGAs and does not tamper with customs seal affixed on the FCL container and further the cargo contained therein is not sold, used, consumed, transferred or dealt with in any other manner without obtaining NOC from the respective PGA and subsequently, 2. If the importer produces the NOC from concerned PGA to the proper officer in respect of the goods mentioned in the schedule and, 3. If the importer indemnifies the Customs Department for any loss arising out of any dispute in the matter of NOC .....

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