Disposal of Unclaimed Export Cargo at Nhava Sheva

The following Public Notice was issued by Commissioner of Customs, Mumbai Zone-II, Jawaharlal Nehru Custom House on 15st October 2009.

[Customs Public Notice No. 81 dated 15^th October 2009]

Subject: Disposal of goods brought into CFS/Customs area for export but not exported and not obtained shut out.

1. As a trade facilitation measures, cargo meant for export is allowed to be carted inside the Container Freight Stations (CFS) premises on the strength of Checklist and the Shipping Bills (SB) number, even before the Shipping Bills has been filed by the exporter. However, it has been noticed that on certain occasions, for various reasons, the goods are abandoned even after the grant of Let Export Order (LEO). Even though the concerned CFS tries to contract the exporters for clearing the export cargo, often the exporters do not respond to the letters of the CFS. This has led to the problem of accumulation of uncleared exports cargo in CFS.

2. It has also been observed that such export goods are lying in different CFS for long and no action has been taken for disposal of such goods. This leads to congestion within the CFS and various logistics problems arising out of space constraints. It is, therefore, imperative that such goods are disposed off from time to time.

3. In view of the above, as one time interim administrative arrangement, it has been decided to direct the CFS to initiate the process of disposal of such unclaimed/uncleared export cargo, which are not under seizure or hold of any agency, by following the similar procedure for disposal of uncleared/unclaimed import cargo and as mentioned below.

3.1. All goods landed upto 01.10.2008 and lying uncleared/unclaimed may be taken up for disposal by the CFS and the process of disposal should be completed by the target date fixed by the respective Custodians, but not later than 31st January, 2010.

3.2 In this context, CFS shall submit a list of such uncleared/unclaimed export cargo to the disposal section. Disposal section shall forward this list to the concerned sections of this Custom House to confirm ‘NO HOLD’ in respect of such goods. Such goods which are not under seizure or hold of any agency shall be taken up disposal.

3.3 The valuation of goods taken up for disposal shall be done by the Custodian through approved valuers appointed by them, irrespective of any value declared by the exporter earlier or assessed by the customs for the purposes of exports. In cases of doubt, the same may be referred to a panel of three valuers whose decision shall be final.

3.4 The disposal shall be made by Public Auction/E-auction/Tender following the procedure as enumerated in relation to export cargo vide para 3 of the Public notice 65/2005 dated 13.12.2005 read with the Board’s Circular No. 50/2005 dated 01.12.2005 and 52/2005 dated 09.12.2005 to the extent the same is relevant for export cargo. The value assessed by the valuers appointed by the Custodian shall form the reserve price.

3.5 The sale proceeds shall be shared between the Custodians and the Customs on 50:50 basis.

4. Difficulties faced, if any in this regard may be brought to the notice of the undersigned.