Draft Circular on High Seas Sale Clearance

The following Draft Circular was issued by the Commissioner of Customs (Import) Jawaharlal Nehru Custom House on 8^th November 2011.

[Draft Circular dated 8^th November 2011]

Sub: Sale of Imported goods on High Seas.

Attention of importers, CHAs, trade is invited to the work procedure regarding sale of goods on High Seas in continuation of Standing Order No.32/2005 dtd.10.08.2005 and Standing Order No.48/2005 dtd.24.11.2005 and Circular vide F.No.S/3-Gen-2699/2009-10 dtd. 29.03.2010 and in partial modification of the existing instructions on the subject, the following changes are hereby proposed in respect to the clearance of consignments imported on High Seas sale basis under the aforesaid provisions under the said policy. Before implementing the same, feedback of Trade/Stakeholders is invited on draft Public Notice (copy attached) for examination and final decision will be taken thereafter.

As such, any feedback in this regard may be forwarded to AC/Import Noting Section, JNCH on or before 30.11.2011.

F.No.S/ 3 – Gen –729 / 11 Imp. Noting

OFFICE OF THE COMMISSIONER OF CUSTOMS (IMPORT)

JAWAHARLAL NEHRU CUSTOM HOUSE, SHEVA

TAL. URAN, DIST. RAIGAD

F.No.S/ 3 – Gen –729 / 11 Imp. Noting Date: .11.2011

DRAFT PUBLIC NOTICE NO._______/2011

Sub: Sale of Imported goods on High Seas.

In terms of Para 2.24 of the Foreign Trade Policy ( 2004-2009 ) sale of goods on high seas for importation into India is permitted subject to the said policy or any other law for the time being in force.

2. Attention of importers, CHAs, Trade is invited to the work procedure regarding sale of goods on High Seas. In partial modification of the existing instructions on the subject, the following changes are hereby made in respect to the clearance of consignments imported on High Seas sale basis under the aforesaid provisions under the said policy.

3. The CHAs/Importers will submit the following High Seas Sale (HSS) documents to the Import Noting Section i.e :-

(i) Original Bill of Lading or a Non-Negotiable copy of the Bill of Lading duly endorsed by both the parties, in case the non- negotiable copy is not available, a photocopy of the Bill of Lading duly authenticated by the Shipping Line / Steamer Agents would be accepted.

(ii) High seas sale contract,

(iii) Original Bank attested Invoice in support of the transaction,

(iv) Authority letter from the Importer addressed to DC/Import authorizing CHA for processing of the HSS documents.

4. The date of notarization of HSS contract will be the date of execution of HSS contract for the purpose of Customs registration. In case the seller or buyer is a limited or private limited firm, the HSS contract should accompany the Board Resolution of the firm with names and specimen signature of authorized signatories. In case the seller or buyer is a partnership, HUF or Proprietary firm, the signature should be bank attested on the NOC letters addressed to department normally submitted by the seller/buyer.

5. No amendments in respect to description or any other particulars given in HSS contract will be allowed to be amended after registration with Customs. In case the buyer or sellers desire any amendment, they should enter into a fresh HSS contract.

6. The concerned TA/STA posted in Import section will check the documents for alert in respect of buyer and seller and description of goods, will forward the same to the ACAO/Supdt. posted in the Import section who will verify the genuineness of the documents and will forward it to the DC/Import for granting permission of HSS.

7. These modifications will come into force with immediate effect.

8. The procedure may be followed by all and any difficulties in implementation / compliance of the Public Notice may be brought to the notice of the undersigned.