DO NOT DETAIN EXPORT GOODS, CBEC Orders
Commissioners, Threatens Action on Errants
[CBEC
Circular No. 30 dated 5th August 2013]
Subject:
Provisional release of export - goods detained for investigation.
Attention is invited
to the Board Circular No. 01/2011-Customs dated 04.01.2011 regarding
provisional release of export goods that are detained or seized. The said
Circular was issued with the objective of expediting the clearance of export
goods and to ensure that where permissible by law, exports should not get
unduly delayed, thereby causing congestion in ports as well as delays in
fulfilment of export orders. Thus, it was instructed that provisional release
of export goods that are suspected of being mis-declared
or where declaration is to be confirmed by further enquiry / test or
detained/seized for mis-declaration of quantity /
value / description should be given on execution of Bond and suitable security
to cover the redemption fine and penalty (Para 4 of Board Circular No.
01/2011-Customs dated 04.01.2011). Further, continued detention of export goods
in excess of three days must be brought to the notice of the Commissioner of
Customs.
2. It has been brought to the notice of the Board
that the above instructions are not being implemented by certain field
formations and exporting community is aggrieved by the long detention of
exports goods. The matter has been raised in many forums and the issue of
congestion in ports has also been highlighted by Inter-Ministerial Committee
for boosting exports from Micro, Small & Medium Enterprises (MSMEs) sector,
which pointed out that, besides the Boards aforementioned instructions,
paragraph 2.42 of the Foreign Trade Policy also provides that export
consignments shall not be withheld / delayed for any reason.
3. The Board has re-examined the subject matter.
The view is that there can be no justification to hold up export consignments
for long periods unless the export goods are prohibited under Customs Act, 1962
or ITC (HS) Policy. Essentially genuine exports must be facilitated and there
should be no delays or hold ups of export goods. Therefore, the Board strongly
reiterates the instruction dated 04.01.2011 referred above. It shall be the
responsibility of Commissioner of Customs concerned to ensure strict compliance
of these instructions. Needless to state any deviation or lapse shall be
proceeded against by the Board.
4. A suitable Public Notice for information of
trade and Standing Order for guidance of staff may be issued.
F.No. 401/179/2009-Cus.III