CBEC
Calls for Separate Areas for Plant Quarantine Non Fumigated and Post Fumigated
Stocks in Customs Areas
[CBEC Instruction
dated 23rd July 2013]
Ministry of
Agriculture has raised the issue of temporary ban on Import of Rice and Peanuts
from India due to detection of quarantine pest in an import consignment and highlighted
that CFSs conducting phytosanitary measures have no designated area for
fumigation and separate storage for keeping fumigated/ treated cargo which
leads to cross contamination from untreated goods/commodities. Ministry of
Agriculture has desired that facilities provided by CFSs should be improved to
ensure that treated cargo is adequately sanitized in a separate storage
enclosure.
2. The matter
has been examined in the Board. ‘Handling of Cargo in Customs Area Regulations
(HCCAR) 2009’ framed under section 141(2) of the Customs Act 1962 deals with
the manner of receipt, storage, delivery ,dispatch, etc of imported or export
goods in the Customs Area. The Regulation also cast certain responsibilities
and obligations on the part of Customs Cargo Service Providers (CCSP)/
Custodians to comply with.
Regulation 6 (1) of HCCAR mandates the CCSP to
“(d) demarcate separate areas for unloading of imported goods for their storage with respect to the
category of importers, nature of goods, place of destination, mode of
transportation or any other criterion as the Commissioner of Customs may
specify having regard to the custody and handling of imported goods in a
customs area;”
(e) demarcate separate areas for loading
of export goods for their storage with respect to categories of exporters, nature of goods, examined and sealed
containers or other criterion as the
Commissioner of Customs may specify having regard to the custody and handling
of export goods in a customs area;”
The HCCAR therefore requires a CCSP/ Custodians to
provide demarcated storage space depending upon the nature of goods or any
other criterion as may be specified by Commissioner of Customs.
3. Board has
accordingly decided that that all CCSP/Custodians shall provide separate and
dedicated storage space meant for fumigation and storage of post fumigated
sites to enable Plant Quarantine Authorities to carryout necessary checks for
both imported and export consignments. Board also desires the Commissioner of
Customs concerned to ensure that the directions are complied with scrupulously
and immediately. A compliance report may be sent by 14.08.2013.
F.No. 450/19/2005- Cus IV