Amendment to Public Notice No. 48/2020 and procedure in respect of en bloc Rail movement of Import containers from Port Terminals / Jawaharlal Nehru Port (JNPT) to ICD, Tarapur (Vaishno Container Terminal), Mahagaon, Boisar and clearance thereof

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OFFICE OF THE COMMISSIONER OF CUSTOMS (NS-GEN), MUMBAI ZONE-II JAWAHARLAL NEHRU CUSTOM HOUSE, NHAVA SHEVA, MAHARASHTRA-400707

File No. S/43-Gen-197/2019-20/PSO/JNCH

           Date: 09.04.2020 

PUBLIC NOTICE NO. 51/2020 DIN NO. 20200478NW00003L89A0 Sub: Procedure in respect of en bloc Rail movement of Import containers from Port Terminals / Jawaharlal Nehru Port (JNPT) to ICD, Tarapur (Vaishno Container Terminal), Mahagaon, Boisar and clearance thereof- Reg. Importers, Customs Brokers, Custodians including CFSs, Trade, Jawaharlal Nehru Port Trust (JNPT), Terminal Operators at JNPT, Shipping Lines / Shipping Agents and other stakeholders are aware of the circumstances arising out of the COVID 19 situation. In this regard the request of JNPT to consider the procedure on the captioned subject so as to keep speedy evacuation of DPD / DPD-CFS / CFS containers with rail facility and last mile connectivity by road as proposed by CONCOR, has been considered.

In terms of the above, PN No. 48/2020 dated 08.04.2020 was issued temporarily revising the DPD-DPD procedure as per FN No 63/2008 dated 01.09.2008 as amended. Vide this PN ICD Mulund was declared as Extended Port Gate of JNPT in respect of clearances of DPD-DPD containers. Consequently, in terms of Para 9 of PN 48/2020, the movement of DPD-DPD containers from JN Ports / Terminals to CFSs shall be stopped from the 00.00 hrs of 10.04.2020 except for containers referred in Para 7.5 of PN 48/2020. Further, from 00.00 hrs of 10.04.2020 till 00:00 hrs of 13.04.2020 the JN Ports / Terminals would allow delivery of DPD-DPD containers to importers at Port / Terminal gate, and the procedure for further movement of such containers by CONCOR by rail would come into effect in its entirety from 00:00 hrs of 13.04.2020.

The following modifications are made in PN No. 48/2020 dated 08.04.2020 –

i. In Para 5.1, line 2, for “ICD Mulund” read “CONCOR”
ii. In Para 5.1, line 4, for the words “JNCH” read “JNCH and ICD Mulund” iii. In Para 7.5, last line, for the words ending “containers for transshipment.” read “containers for transshipment to ICD Mulund. All such containers selected for scanning and all other pertaining to the same Bill of Lading will be treated as non-DPD and will be dealt as follows -
(a) CONCOR will be required to move these containers to DRT CFS (b) CONCOR will arrange for scanning of the selected container at Container Scanning Division (CSD), JNCH (c) From the DRT CFS, the Customs clearance of the container in case of scan clean report, along with other containers of same Bill of Lading will take place
(d) If the selected container scan report is marked suspicious, then all the containers under the Bill of Lading shall be got subjected to all the necessary Customs control measures at DRT CFS.”

iv. In Para 7.9, at the end add “CONCOR shall also comply with the provisions of the Goods Imported (Conditions of trans-shipment) Regulations, 1995 as amended and also execute necessary Bond for the purpose of enabling this facility”.

On considering the request of the JNPT and CONCOR for ICD Tarapur (Vaishno Container Terminal, Mahagaon, Boisar) to also act as an extended gate for the JN Ports, and taking into account

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the readiness conveyed by ICD Tarapur to participate and undertake this proposal of CONCOR, as a further facility to importers, the following is specified - The ICD, Tarapur (Vaishno Container Terminal), Mahagaon, Boisar, Maharashtra is hereby also declared as an “Extended Port Gate” of JNPT in respect of clearances of DPD-DPD containers. For the containers received in ICD, Tarapur, in terms of this Public Notice, ICD Tarapur will be the Custodian.

As in PN No. 48/2020, in the present case too CONCOR shall act as a Service Provider in trans- shipping and handling Containers and supply of rakes for carriage of containers with the objective of evacuating containers en bloc by Rail. CONCOR shall move the DPD-DPD containers from all the Terminals of JNPT to ICD Tarapur for the purpose of delivery to the Importer. The delivery shall be made to the importer only after Out of Charge is given at JNCH. JNPT shall also coordinate with Terminal Operators in effectively utilizing the Extended Port Gate.

Specified Customs officers of ICD Tarapur in Mumbai Customs Zone - III shall be assigned the roles of JNCH in ICES to perform the function of Gate-in and Gate-Out office. In the event examination / inspection is to be conducted because the container is selected for this purpose, the specified officers will perform this function and grant Out of Charge (OOC). Such OOC is an exception to para 3 above where it is specified that OOC shall be given at JNCH.

Procedure to be followed for Entry of Import containers into ICD Tarapur:-

5.1 Port Terminals / JNPT Port, immediately upon completion of the wagon loading of import containers, shall email the Train Loading Summary to CONCOR duly mentioning all the relevant details as are required for carriage of such containers by Rail. A copy of Train Summary shall be submitted to the trans-shipment section of JNCH and ICD Tarapur by CONCOR. All Import containers shall enter into the ICD Tarapur in the Notified Area for such containers along with all the details in the Inward Train Summary.
5.2 The Gate officer at ICD Tarapur shall verify Inward Train Loading Summary and check Container number, Seal number and integrity of seal while permitting the entry of the Container into ICD Tarapur. In case, the Officer finds that the Container / Seal has been tampered with, the mandatory examination would be carried out by the Customs. 5.3 If an Import container is selected for inspection / examination by the Risk Management System, then RMS instructions shall be executed by the Customs officers and such container shall be inspected / examined at ICD Tarapur. Thereafter, such inspected / examined containers shall be re-sealed by the Customs Officer using bottle seal (OTL) immediately in the presence of Examination Officers and Importer / CHA. 5.4 On completion of inspection or examination, as the case may be, the specified officer assigned the role of JNCH shall give OOC in the System as the exception mentioned in Para 4 above.
5.5 Once OOC is granted, three copies of the Bill of Entry will be generated. The OOC granted container(s) shall be delivered to the Consignee/Importer with the OOC copy (Custodian Copy) of the Bill of Entry as well as the gate-pass issued by the ICD Tarapur.

Procedure to be followed for delivery of Import Containers from ICD Tarapur:

6.1 For taking delivery of the container, importer shall obtain OOC from RMS Facilitation Center at JNCH.
6.2 The Importer will take delivery of container from ICD Tarapur by producing copy of Bill of Entry and gate pass, upon which the Gate officer shall allow the clearance with an endorsement on the OOC duly mentioning the cross reference number of the Gate-out order of ICD Tarapur.

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Responsibility of CONCOR in trans-shipment of import containers in addition to those
stated elsewhere -

7.1 Trans-shipment of DPD-DPD containers from JN Ports / Terminals to ICD Tarapur by rail shall be the responsibility of CONCOR. 7.2 CONCOR to issue advisory for Importers prescribing timeline for obtaining the deliveries for Import containers. 7.3 The Container Scanning Division (CSD), JNCH will share the list of containers selected for scanning with the Port/Terminals and CONCOR everyday at 12:00 Hrs. The JC in- charge of CSD, JNCH will ensure this. If any DPD-DPD container is selected for scanning all containers of that Bill of Lading shall neither be handed over to CONCOR by JN Ports / Terminals nor CONCOR shall take up such containers for trans-shipment to ICD Tarapur. All such containers selected for scanning and all other pertaining to the same Bill of Lading will be treated as non-DPD and will be dealt as follows -
(a) CONCOR will be required to move these containers to DRT CFS (b) CONCOR will arrange for scanning of the selected container at Container Scanning Division (CSD), JNCH (c) From the DRT CFS, the Customs clearance of the container in case of scan clean report, along with other containers of same Bill of Lading will take place
(d) If the selected container scan report is marked suspicious, then all the containers under the Bill of Lading shall be got subjected to all the necessary Customs control measures at DRT CFS.

7.4 CONCOR shall facilitate expeditious trans-shipment of the containers by deploying adequate manpower and machinery. 7.5 CONCOR shall intimate the reasonable tariff for trans-shipment of import containers taking into account the extant guidelines including those issued by various authorities relating to COVID 19 situation.
7.6 CONCOR shall comply with the provisions of the Goods Imported (Conditions of trans- shipment) Regulations, 1995 as amended and also execute necessary Bond for the purpose of enabling this facility. 7.7 CONCOR shall submit a monthly report of importers availing en bloc Rail movement facility to Deputy / Assistant Commissioner in charge of ICD Tarapur with a copy to Deputy / Assistant Commissioner (PG), NS-General, JNCH.

Responsibility of ICD Tarapur in handling/delivery of import containers in addition to those stated elsewhere -

8.1
In respect of containers received at the Extended Port Gate at ICD Tarapur, the Custodian shall be Vaishno Container Terminal, ICD Tarapur.

8.2 ICD Tarapur to issue advisory for Importers prescribing timeline for obtaining the deliveries for Import containers. 8.3 ICD Tarapur shall provide facilities for verification of container number and seal by Customs Officers and facilitate proper on-wheel inspection of DPD containers by Customs at the entry gate. If Bill of Entry is selected by RMS as open and examination, based on the request from the Customs, ICD Tarapur have to facilitate open examination of the said container. 8.4 ICD Tarapur shall facilitate expeditious handling / delivery of the containers by deploying adequate manpower and machinery.

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8.5 ICD Tarapur shall intimate the reasonable tariff for import containers and free time granted by them for storage taking into account the extant guidelines including those issued by various authorities relating to COVID 19 situation.
8.6 ICD Tarapur will hand over a copy of the Gate Pass to the Gate Officer at the ICD Tarapur as a proof of delivery of the container.
8.7 ICD Tarapur shall comply with the provisions of the HCCA Regulations, 2009 as amended and also execute necessary Bond for the purpose of enabling this facility. 8.8 ICD Tarapur shall submit a monthly report of physical delivery taken by importers availing en bloc Rail movement facility to Deputy / Assistant Commissioner in charge of ICD Tarapur with a copy to Deputy / Assistant Commissioner (PG), NS-General, JNCH.

In case of any difficulty in implementation, the specific issue may be brought to the notice of Additional Commissioner, CCSP Cell, JNCH, (email address: ranjan.rrp@gov.in, mobile-9769274477). Action to be taken in terms of decisions conveyed in this Public Notice should be considered as Standing Order for the purpose of officers.

Insofar as the other types of import containers namely DPD-CFS or CFS Containers are concerned, the Importers, Trade, Customs Broker, Shipping Lines etc may also opt to carry out amendment in the Bill of Lading and IGM for ICD Tarapur so that the Import Cargo can be cleared at ICD Tarapur by following the SMTP procedure for movement of containerized cargo from gateway ports to hinterland ports laid down vide Board’s Circular No. 46/2005-Cus dated 24.11.2005.

Sd/- (Sanjay Mahendru) COMMISSIONER OF CUSTOMS NS-General, JNCH To:

1. Principal Chief Commissioner of Customs, Mumbai Zone – I
2. Chief Commissioner of Customs, Mumbai Zone – III
3. Chief Commissioner of Customs, Mumbai Zone – II
4. The Chairman, JNPT.
5. NSICT / NSIGT / GTI / BMCT / JNPCT / Group GM, CONCOR, JNPT / ICD Tarapur, all for compliance
6. Commissioner of Customs ( Preventive), Mumbai Zone-III, for necessary action.
7. Commissioner of Customs (General), Mumbai Zone-I
8. Commissioner of Customs, NS- I, II, III, V, Nhava Sheva
9. All Additional/Joint Commissioners, Deputy/Asstt Commissioners, JNCH.
10. JC (EDI), JNCH for uploading on website.
11. CFSs / CFSAI / BCBA / CSLA / MANSA
12. Notice Board.