De-Stuff and Release of Foreign Containers on Arrival in CFS/ICDs
Facility under Warehousing Clause of Sec 49 of CA 1962
[CBEC Instruction dated 20th November 2012]
Subject: Measures for promoting cost efficiency of imports by
Indian Trade and Industry.
Trade has represented that with the growing
container traffic in India, allowing the importers to transfer the goods from
foreign containers to domestic shipping containers under Customs supervision in
respect of imported goods lying uncleared for more than five days in a Customs
area (CFSs / ICDs), can prove beneficial in reducing outflow on account of
foreign exchange payments for foreign shipping containers and help Indian trade
and industry to become more cost effective.
2. The matter has
been examined in the Board. In this regard, Section 49 of the Customs Act, 1962
provides facility of storing goods in warehouses pending clearance in case
where goods cannot be cleared within a reasonable time. Moreover, even
presently an importer may de-stuff and release a foreign container immediately
on arrival in the CFS / ICD. Generally this option is not utilized by importers
who have preference to clear goods at their premises as well as to avoid
additional handling charges incurred on account of de-stuffing of the
containers. It is also possible that some importers may not be aware of this
option.
3. In
the aforestated circumstances, Board reiterates that importers have the option
to avail of the facility under Section 49 of the Customs Act, 1962. Further,
importer may exercise the option to de-stuff goods from foreign containers and
keep the same in the CFS / ICD including in empty domestic containers therein,
under Customs supervision, for subsequent clearance as per law.
4. These instructions may be brought to the notice of all the officers
concerned by issuing suitable Standing Orders/instructions/Public Notices.
F.
No.450/95/2012-Cus.IV