Subject: Standard Operating Procedure (SOP) for Handling (Storage, Transport and Examination) of Un-claimed, Un-cleared, Suspicious and Detained Import Containers lying at various CFSs/Port area

आयुक्तसीमाशुल्कन्हावाशेवा का कायाालय OFFICE OF THE COMMISSIONER OF CUSTOMS, NS-GENERAL जवाहरलालनेहरूसीमाशुल्कभवन, न्हावाशेवा JAWAHARLAL NEHRU CUSTOM HOUSE, NHAVA SHEVA, तालुका- उरण, जजला: रायगढ़, महाराष्ट्र: 400 707 TAL: - URAN, DIST: - RAIGAD, MAHARASHTRA–400 707.

F. No. S/5-Gen-46/2019-2020 CCSP Cell

Date: .10.2021 DIN: 20211078NU000000C2A2

Public Notice No. 89/2021

Subject: Standard Operating Procedure (SOP) for Handling (Storage, Transport and Examination)

of Un-claimed, Un-cleared, Suspicious and Detained Import Containers lying at various CFSs/Port area –reg.

Attention of all Container Freight Stations, Shipping Lines, Shipping Agents, Custom Brokers, Port Terminal Operators and other stakeholders under the jurisdiction of Mumbai Customs Zone-II, is invited to Handling (Storage, Transport and Examination) of Un-claimed, Un-cleared, Suspicious and Detained Import Containers lying at various CFSs/Port area under the jurisdiction of Mumbai Customs Zone-II. Attention is also drawn to several instances of theft/pilferage reported in recent past in Un-claimed, Un-cleared, Suspicious and Detained Import Containers lying at various CFSs. To mitigate such risks in future and to streamline the Handling (Storage, Transport and Examination) of Un-claimed, Un-cleared, Suspicious and Detained Import Container lying at CFSs/Port Area coming under the jurisdiction of Mumbai Customs Zone-II, the following Standard Operating Procedure (SOP) is devised.
A. The following containers shall be deemed as Suspicious/Detained/Un-claimed/Un-cleared till clearance and/ or disposal.  Containers scanned and marked suspicious, henceforth referred to as ‘Suspicious’;  Containers detained by investigation/ intelligence agencies henceforth referred to as ‘Detained’;  Containers for which Bill of Entry has not been filed for more than 24 hours after entry inward of the Vessel, henceforth referred to as ‘Un-claimed ’, and  Containers for which Bill of Entry has been filed but lying in the CFSs for more than 15 days from the date of entry inward of the Vessel and have not been cleared, henceforth referred to as ‘Un-cleared’, except in case where the container has been pending for want of test report, clearance from Participating Government Agencies (PGAs), assessment has not been completed or disputed.
B. Transportation of Containers: i. Import containers selected for scanning by Container Selection Module (CSM), shall be brought by the concerned CFS to either the Mobile Scanner or Fixed Scanner (CSD) for scanning. The weighment of all such containers is mandatory and shall be done at the scanning facility, if available, or at the time of entry into the CFSs. Depending upon the scanned images, a container may be reported as ‘Suspicious’ by CSD.
ii. After scanning at CSD, containers shall be transported to the respective CFS. The CFS shall maintain proper record of Suspicious containers arriving at their CFSs along with details of IGM, Bill of

Lading, Bill of Entry (if any), Date of arrival, Importer’s Details, Customs Broker, Goods Description, Container Number, Seal Number, Truck/Vehicle Number and name of the Driver of the truck & his mobile no., etc. iii. All containers where there has been a delay of transit time from the port to CFS by more than the prescribed time limit in TABLE-A (incl. time elapsed in scanning) shall also be treated as Suspicious. The CFS shall report it to CSD on e-mail Id: csd.jnch@gov.in as well as to the concerned AC/DC, Docks immediately, after arrival of container at CFS in the following FORMAT: FORMAT “A” Vehicle Details-
RC No, Engine No, Chassis No.,
Owner Name Name of Driver with contact no Suspicious Marked Container No., Seal No & Date of Scanning. IGM, B/L & B/E No. & Date Description of Goods Name of the Importer, Consignee, Owner of goods Name of the CHA/CB -1- -2- -3- -4- -5- -6- -7-

TABLE-A Time limit for movement of Containers from Port Gate to CFS (incl. time elapsed in scanning): CFSs as per P.N. No. 95/2018 dated 08.06.2018 Time Limit Cluster A, Cluster B, Cluster C, Cluster D and Cluster E CFSs 2 Hours Cluster F, Cluster G and Cluster HCFSs 3 Hours

iv. All Containers arriving at the CFS shall be weighed mandatorily as provided in P.N. No. 114/2011 dated 06.09.2011 and any weight difference beyond 1% of the declared weight in IGM/ Bill of Lading shall be brought to the notice of the AC/DC, Docks, by the CFS, in the following FORMAT: FORMAT “B” Vehicle Details-
RC No, Engine No, Chassis No.,
Owner Name Name of Driver with contact no Container No. & Seal No. IGM, B/L & B/E No. & Date Description of Goods Name of the Importer & CHA/CB Declared Weight (Kg) Actual Weight (Kg) % Variation in weight -1- -2- -3- -4- -5- -6- -7- -8- -9-

v.

Port Terminal operators shall report to CSD, a list of Containers lying at Port area beyond the free time i.e. 24 Hours, from the time of entry inward of the Vessel on daily basis in the following FORMAT. All such containers shall be mandatorily scanned and weighed in Mobile X-Ray Container Scanning facility located at Port Area before allowing movement to CFS.
FORMAT “C” Name of the terminal:

Container Number & Seal Number Date of Discharge of the container Port of Loading Name of CFS (if, any) IGM No. & B/L No. Whether containers is selected for scanning Reason for Non clearance
-1- -2- -3- -4- -5- -6- -7-

C.

Storage of Containers: i. The CFS shall earmark/ designate a separate place within CFS having adequate infrastructure including sufficient number of angle adjustable flood lights, fully functional Color, High Definition, Night Vision, 360°CCTV Camera surveillance backed/ powered by generators and monitored 24x7 by CFS’s security personnel. The surveillance video should be stored for at least 180 days and made available to

Customs as and when required. The designated area will be exclusively used for the storage of following containers only: A) Suspicious containers; B) Containers Seized/Detained by any investigation/intelligence agency; C) Containers put on ‘Hold’ by any investigation/intelligence agency. D) Unclaimed Containers. E) Uncleared Containers.

ii. The CFS shall submit a list of Un-claimed containers to respective AC/DC, Docks on daily basis in the following FORMAT. Such Un-claimed container shall be shifted to the designated area under the supervision of Docks Officer duly authorized by AC/DC, Docks. No such Un-claimed container lying in the CFSs shall be placed out-side the designated area.
FORMAT “D” IGM No. & Date Container No. & Seal No. B/L No. & Date Description of goods Name of the Importer,
Consignee & Owner of goods Name of the CHA Reason for Non Clearance -1- -2- -3- -4- -5- -6- -7-

iii. The CFS shall submit a list of Un-cleared containers lying in the CFS for more than 15 days from the date of entry inward, to AC/DC, Docks in the following FORMAT. Thereafter, such containers shall be shifted to the designated area under the supervision of Docks Officer duly authorized by AC/DC, Docks. No such Un-cleared container lying in the CFSs shall be placed out-side the designated area.
FORMAT “E” IGM No. & Date Container No. & Seal No. B/L No. & B/E No. & Date Description of goods Name of the Importer, Consignee & Owner of goods Name of the CHA Reason for Non Clearance -1- -2- -3- -4- -5- -6- -7-

iv. The CFS shall inform, immediately, any unusual or suspicious activities including movement of unauthorized personal(s) or vehicle(s)/cargo near the designated area to AC/DC, Docks in writing. v. Un-claimed, Un-cleared, Suspicious and Detained Import Container lying at various CFSs before notification of this Standard Operating Procedure shall be transferred immediately to the designated area. D. Identification, Examination and Verification of Suspicious, Un-claimed, Un-cleared and Detained Import Container: i. In case of suspicious container, CSD shall forward the scanning report along with scanned images to the AC/DC, Docks of the concerned CFS through official e-mail. Suspicious Container, immediately on arrival at the CFS, shall be opened and examined (100%) by Docks Officer under the supervision of AC/DC, Docks and in presence of Importer/Custom Broker/ authorized representative. In absence of Importer/Custom Broker/authorized representative, Suspicious Container shall be opened and examined (100%) under Panchanama by Docks Officer under the supervision of AC/DC, Docks, in presence of two independent Panchas and CFS representatives. Outcome of such examination shall, immediately be placed before respective ADC/JC, Docks. A daily report in this respect shall also be sent to CSD by AC/DC, Docks.

FORMAT “F” CFS Name Container No. B/E No. & Date Description of goods Outcome of Examination Images of Container/ Goods -1- -2- -3- -4- -5- -6-

ii. Docks officer under AC/DC, Docks supervision shall physically verify detained, Suspicious, Un- claimed and Un-cleared Containers lying in the designated area on the first working day of every fortnight for any discrepancy including tempering of bottle seal, and/or physical structure of the container etc.
iii. AC/DC, Docks are also advised to conduct surprise check of the CCTV monitoring areas to ascertain it’s working to his/her satisfaction. Observations in this regard be brought to the notice of ADC/JC, Docks for suitable action. iv. Un-claimed, Un-cleared Import Containers pending clearance for more than 30 days lying with the Custodians shall be taken up for disposal as per the Board’s Circular No. 49/2018-Customs dated 03.12.2018 and as per the extant Rules & Regulations. All concerned are, hereby, directed to comply with the above directions. The directions are in addition to the relevant rules and regulations and practices followed in respect of the Un-cleared, Un- claimed, Suspicious and Detained containers, which will continue to be followed as usual.

Difficulties, if any, faced in implementation of these instructions, may be brought to the notice of the undersigned.

Sd/- Commissioner of Customs (General), Mumbai Customs Zone-II.

Copy to:

1. The Chief Commissioner of Customs, JNCH, Mumbai Zone –II
2. The Pr. Commissioner / Commissioner of Customs, NS-G, I, II, IV&V, Mumbai Zone –II.
3. All Terminal Operators through e-mail.
4. All CFSs through e-mail
5. The BCBA for circulation among Custom Brokers through e-mail.
6. DC/EDI with a request to upload the same on JNCH website.
7. Notice Board.
8. Office Copy.