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Security under section 59 (3) of the Customs Act

..... /2015-16 AM (1) Dated:03.06.2016 FACILITY NOTICE No. 78/2016 Subject: - reg. Attention of all the Importers, Customs Brokers and the members of the Trade is invited to the Board's Circular No. 21/2016 Customs, dated 31.05.2016 on the above mentioned subject. 2. Section 59 of the Customs Act, 1962 (as amended by Finance Act 2016) requires an importer of goods filing a bill of entry for warehousing to submit a Bond in a sum equal to thrice the amount of duty assessed on the goods to be warehoused. The bond can be: (a) for a single consignment; or (b) a general bond to cover multiple imports by an importer within a specified period. The format of the bonds has been prescribed under Circular no. 18/2016 - cus dated 14.05.2016. 3. Sub-sectio .....

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..... k insurance policy to cover the transit of goods, equal in sum to the duty involved on the goods, in favour of the President of India. Transit will refer to movements from: (i) the customs station of import to the warehouse; or (ii) a warehouse to another warehouse; or (iii) a warehouse to a customs station for export. However, in certain cases, such as, liquid bulk cargo being transported through pipelines, the requirement of transit insurance may be waived. For storage (a) Goods, other than sensitive goods mentioned in para (b) below, permitted to be warehoused, will be subject to the following requirement of security under section 59 (3): (i) for the initial period of one year, there shall be no requirement of furnishing any security; (i .....

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..... interest accrued thereon during the preceding period; and (iii) any extension in warehousing period beyond two years will be subject to the importer or owner furnishing a security by way of a bank guarantee for an amount equivalent to the duty involved and interest accrued thereon during the preceding period; (d) However, if the sensitive goods are proposed to be stored in the importer's private bonded warehouse: (i) the importer shall furnish a security by way of a bank guarantee equivalent to the duty involved at the customs station of import before removal of the goods from the customs station of import. The importer shall therefore not require to furnish a transit insurance policy since the transit will be covered under the bank gu .....

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..... ration of the warehoused goods. In this connection, it may be noted that in cases referred in para 5, a security has to be obtained while granting extension. Alongside the security, a declaration that the goods shall not deteriorate during the period of extension being sought should also be obtained from the importer or owner. 7.2 However, where the Principal Commissioner or Commissioner of Customs is of the opinion that the goods are likely to deteriorate during the period for which extension is being sought, he can seek a report from the bond officer or ask the importer to produce from an expert in the particular field of relevance to the goods, a report regarding the condition of goods. Before seeking such a report, the Principal Commiss .....

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