TMI BlogProcedure for disposal of un-claimed/un-cleared cargo under section 48 of the Customs Act, 1962, lying with the custodiansX X X X Extracts X X X X X X X X Extracts X X X X ..... this Office's Standing Order No.01/2018 dated 22.05.2018 and Board's Circular No. 50/97 dated 17.10.1997, 11/98-cus. dated 11.02.1998, 5/2000-cus dated 13.01.2000, 7/2004-cus. dated 28.01.2004, 50/2005-cus. dated 01.12.2005, 52/2005-cus dated 09.12.2005 and 11/2006-Cus. dated 16.02.2006 regarding procedure and expeditious disposal of unclaimed/uncleared cargo under section 48 of the Customs Act, 1962. 2. Despite the issuance of many circulars, the feedback relating to disposal of unclaimed/uncleared cargo at all Customs locations has not been fully satisfactory. Sometime back, Central Vigilance Commission had appointed a committee of Chief Vigilance Officers to examine the reasons of delay in disposing of unclaimed/un-cleared ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... E, 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 obliged to respond with the relevant details within 7 days of receipt of letter from the custodian. The Shipping line will also be requested by the custodian to contact the importer and ask him to clear the cargo from the concerned Customs Station. (iii) Jurisdictional Commissioner of each customs station shall issue instructions to the officers and staff posted at the station to ensure that details of all goods/shipments which are put on hold for investigation or otherwise by DRI/Preventive/SllB or any other agency are furnished to the Disposal branch o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 under section 48 of the Customs Act, 1962 shall also be affixed on the notice board of the Customs Station. (vi) The concerned custodian, in the next 20 days shall prepare a detailed inventory of the shipments which are not required to be retained by Customs for any purpose. In doing so, they will associate the Customs in 10% of the consignments for which Customs has already intimated that inventory has to be drawn in their presence for sample check. (vii) Within 7 days of drawing up of inventory, the concerned custodian shall approach the juris ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es 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/ usage, Customs shall identify such requirement and intimate to the concerned custodian within 15 days of the receipt of complete list. The concerned custodian will then approach the jurisdictional Customs officer for assistance in obtaining the said regulatory clearance. If in this process, chemical analysis is required, Customs shall draw the samples and forward the same to the respective agency for testing. The required testing fees or such other charges required to be paid to the concerned agency, shall be paid directly by the conce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olding 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 nominate, if necessary, an officer not below the rank of Superintendent/Appraiser to witness the auction/tender. Customs shall not withdraw any consignment at the last moment from the auction/tender except with the written approval of the jurisdictional Commissioner of Customs. (xiv) The shipment/ lot in respect of which NOC has been given by Customs, shall be taken up for auction. All bids of value equal to or more than the reserve price, or those up to 5% less than the reserve price, shall be treated as successful bids fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ms 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 will be filed with the Customs in the prescribed format by the concerned custodian for clearance of the goods as per Section 46 of the Customs Act 1962 read with Un- Cleared Goods (Bill of Entry) Regulations, 1972 (Regulation 2 3). (xvi) (a) The proper officer of Customs shall assess the goods to duty in accordance with the extant law within 15 days of filing of the Bill of Entry and after assessment inform the amount of duty payable to the concerned custodian. (b) The auctioned goods shall be handed over to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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