OFFICE OF THE CHIEF COMMISSIONER OF
CUSTOMS, MUMBAI ZONE-I,
NEW CUSTOM HOUSE, BALLARD ESTATE, MUMBAI – 400 001.
OF THE OPEN HOUSE MEETING OF THE CHIEF COMMISSIONER OF CUSTOMS, MUMBAI ZONE
I, II & III HELD WITH THE REPERSENTATIVES OF THE TRADE AND INDUSTRY
ASSOSCIATONS ON 17TH MAY, 2005 AT 3.30 P.M. IN THE CONFERENCE HALL OF THE
MUMBAI CUSTOM HOUSE.
House Meeting for the month of May, 2005 was held under the Chairmanship of
Shri. Joseph Dominic, Chief Commissioner, Customs Zone-II and
Shri.K.M.Tiwari, Chief Commissioner, Customs Zone-I on 17.05.2005 at 3.30
P.M. in the Conference Hall, New Custom House, Ballard Estate, Mumbai – 400
001. The following senior officers of the department attended the meeting:
The following officers were present:
1. Shri.D.S.Sra, Commissioner of Customs (General),
2. Shri.K.P.Mishra, Commissioner of Customs (EP), Mumbai-I
3. Shri.Y.G.Parande, Commissioner of Customs (Import),
4. Shri.A.K.Prasad, Commissioner of Customs (Import),
5. Shri.S.S.Sandhu, Zonal Joint DGFT.
6. Shri.Ajay Dixit, Additional Commissioner of Customs
7. Shri.Rajendra Singh, Jt. Commissioner of Customs (CCO),
8. Shri.Darshan Singh, Joint DGFT.
9. Shri.Rakesh Kumar, Dy. Chief Chemist, New Custom House,
The following representatives of the BCHAA, Trade and Industry
attended the meeting :
1.) BCHAA (Bombay Custom House Agent’s Association).
2.) Tata Group
5.) Indian Merchant Chamber
9.) M.C.C & I
12.) Sandvik Asia Ltd.
2. The Open House meeting began with the
Chief Commissioners welcoming all the Members. Chief Commissioners informed
the Members that the Committee of 3 Additional/Joint Commissioners to
standardize the format of Bank Guarantee under EPCG, set up pursuant to
discussions in the previous Open House meeting held on 24/03/2005 could not
complete the work for the reason that one of Members proceeded on long
leave. Chief Commissioners assured the Members that format of Bank
Guarantee would be standardized by 31st May, 2005.
3. Thereafter, Agenda Points as forwarded
by the BCHAA were taken up for discussions.
3.1 In regard to Agenda Point relating to delay in testing of samples by
Dy.C.C, Chief Commissioner directed that Dy.C.C. should complete testing of
samples and send Test Reports to concerned Group/Section in Custom House
within 10 days of receipt of samples. In cases where Dy.C.C. is not able to
forward the Test Report within 10 days, the reasons for delay should be
communicated to the concerned Group/Section.
In case Dy.C.C. is not able to test certain
samples because of non-availability of testing facility, the concerned
Group/Section should be informed immediately and thereafter, concerned
Group/Section would get the same tested in some other Government laboratory
expeditiously. If there is no Government laboratory to test the sample, the
same may be forwarded to the approved private laboratory for testing.
It was also pointed out that sometimes Appraising Officers seek opinion of
Dy.C.C. on classification of the goods under Customs Tariff. Chief
Commissioner clarified that Dy.C.C. is not required to give an opinion on
the classification of the goods under the Customs Tariff.
Dy.C.C., Assessment Groups)
regard to Agenda Point relating to request for implementation of one time
factory stuffing permission at Mumbai Customs, the Chief Commissioner
directed the Commissioner of Customs(EP), New Custom House, Mumbai to issue
a fresh Public Notice allowing one time factory stuffing permission and
direct the concerned officials to follow the same.
(Action: Commissioner of Customs (EP)
3.3 In regard to Agenda Point relating to
cancellation of Rule-8 CHALR-2004 Exams scheduled to be held on 14/12/2004
and non-declaration of results of Oral Exams held on 8/11/2004, the Chief
Commissioner informed that the Exams under Rule 8 of CHALR-2004 were
conducted by the Directorate General of Inspection, New Delhi. Director
General (Inspection), New Delhi has been reminded to look into the matter
and expedite the same.
3.4 In regard to Agenda Point relating the
Docks Appraiser questioning the value, the Chief Commissioner stated that
officers at the Docks normally don’t question the value if goods physically
found, tally in all respect with the declaration. However, in case of any
discrepancy having a bearing on value, the Appraiser at the Docks have to
refer the matter to concerned Group for necessary action.
3.5 In regard to request of BCHAA for setting up of Help Desk for ICEGATE
at each of the Custom Houses in Mumbai, the Chief Commissioner assured the
Members that the suggestion would be examined.
Commissioner of Customs (EP)
3.6 In regard to Agenda Point relating to
delay in clearance of cargo through Air India at the Air Cargo Complex, the
Chief Commissioner directed the Commissioner of Customs, Air Cargo Complex
to sponsor the issue for discussion in the High Level Inter Ministerial
Meeting chaired by the Chairman, CBEC. The trade may also sponsor the issue
in the said meeting by sending Agenda Papers to Director (Customs), CBEC.
Commissioner of Customs (ACC)
3.7 As regards request of the BCHAA for
holding Category II Exams for CHA’s employees, the Chief Commissioner
directed the Commissioner of Customs (General), New Custom House to hold
the said Exams by 30th June, 2005.
Commissioner of Customs (Gen.)
3.8 Representatives of BCHAA stated that as
per para 4.19 of the HandBook of Procedures (Vol-I), Mumbai seaport, Nhava
Sheva and Mumbai Airport are to be treated as single port for the purposes
of imports and exports. It was pointed out that EPCG Licences with
endorsement of port as Mumbai, are being registered at Nhava Sheva, whereas
the EPCG licences with endorsement of port as Nava Sheva are not being
registered at Mumbai Custom House.
The Zonal Joint DGFT clarified that for the purpose of registration of EPCG
licences, ports of Mumbai, Nava Sheva and Mumbai Airport are to be treated
as single port in terms of para 4.19 of the HandBook of Procedures(Vol-I),
and hence, licences issued for Nava Sheva and Mumbai Airport can be
registered at Mumbai Custom House and vice versa.
4. Representative of the Indian Drug Manufacturers Association reported
that crude caffeine is being imported by certain importers at Nhava Sheva
without payment of anti-dumping duty. The Chief Commissioner clarified that
said clearances were made by EOUs or under advance licences and for such
imports, anti-dumping duty is not leviable. However, the Department would
cause investigation if any such goods were not used for manufacture of
export goods and were diverted in open market subsequent to clearance.
Commissioner of Customs (Imports), JCH)
5. Thereafter, Agenda Points forwarded by
the Indian merchants Chamber were taken up for discussions.
5.1 Representative of the Indian Merchants Chamber stated that customs
clearances are getting delayed due to categorization of IGM amendments and
compulsory adjudication in case of major amendments in terms of the Board’s
Circular No. 13/2005-Cus. dated 11/3/2005. The Chief Commissioner clarified
that in case of bonafide mistakes in IGMs, amendments may be allowed after
adjudication for penal action under 117 of the Customs Act, 1962
irrespective of values by the Assistant /Deputy Commissioners. The
adjudication proceedings should be completed in such cases within 2 days of
receipt of request for amendment. However, cases of suspected frauds may be
investigated and necessary action for confiscation u/s 111 and imposition
of penalty u/s 112 of the Customs Act, 1962 may be taken.
5.2 As regards Agenda Point relating to
request for waiver from Bank Guarantee for certain categories of importers,
the Chief Commissioner clarified that blanket permission for waiver from
bank guarantee cannot be given. Each case is to be examined and decided on
merits by the concerned Commissioner.
6. Representative of M/s SANDVIK stated that the present practice of execution
of SVB Bond at GVC Cell of Custom House, Mumbai is causing delay in
clearance as the debit of the Bond requires movement of Bill of Entry from
ACC Sahar to Custom House and back to ACC Sahar. It was suggested that in
cases referred to GVC Cell, New Custom House, Mumbai, the importers should
be allowed to execute Bond and debit the same at the port of import. The
Chief Commissioner clarified that wherever SVB Bonds are required,
importers may be allowed to execute separate Bonds at different ports/airports
of imports and the importers need not come to New Custom House, Mumbai for
execution of bond and debit of the same for clearances through Nhava Sheva
or ACC, Mumbai.
7. The Chief Commissioner of Customs thanked
all the Members present.
8. The next Meeting
will be held on 24.06.2005 at 15.30 hrs. the points sponsored for
discussion for the next meeting should reach POSITIVELY by 15.06.2005 in
the offices of the Chief Commissioner of Customs, Mumbai Zone-I, II and
III. Points received after the said date, will be taken up for discussion
only in the next Open House Meeting.
Joint Commissioner of Customs
Chief Commissioner’s Office
Mumbai – I
Copy to :
1. The Chief Commissioner of Customs, Mumbai
Zone II and III
2. All Commissioners of Customs, Mumbai Zone I, II and III
3. The Addl. Commissioner of Customs (E.D.I.), Mumbai Customs/ J.C.H./
A.C.C., for immediate display on the Website.
4. The Jt. D.G.F.T., Mumbai
information and wide circulation to :
All Associations with a request to inform all their
members to view the Minutes of the Meeting on the Website of Mumbai Customs