Sub:Restoring the facility under Circular No. 17/2020 dated 03.04.2020 namely, ‘Measure to facilitate trade during the lockdown period- section 143AA of the Customs Act, 1962’

सीमाशुल्क प्रधान आयुक्त कायाालय (एन एस –I) OFFICE OF THE PR. COMMISSIONER OF CUSTOMS (NS– I), जवाहरलाल नेहरू सीमाशुल्क भवन /JAWAHARLAL NEHRU CUSTOM HOUSE, शेवा/SHEVA,
तालुका/ TAL- उरण /URAN,: जजला/DISTRICT- रायगड/RAIGAD, महाराष्ट्र/MAHARASHTRA-400707

फा सं/FN. S/22-Gen-20/2020-21/AM (I)/JNCH
जिनांक /Dated: 10.05.2021 PUBLIC NOTICE NO. - 43/2021 DIN- 20210578NW00000049E5 Sub: Restoring the facility under Circular No. 17/2020 dated 03.04.2020 namely, ‘Measure to facilitate trade during the lockdown period- section 143AA of the Customs Act, 1962’- reg Attention of all Importers/Exporters, Custom Brokers and other stakeholders is invited to Circular No. 09/2021 dated 08.05.2021 issued by CBIC, New Delhi, (copy enclosed) on the above subject. 2.
Keeping in mind the difficulties faced by the trade and industry in the ongoing lockdown/constraints imposed in different regions of India due to resurgence of COVID-19 pandemic, and the importance of facilitating the Customs clearance process, the Board has decided to restore the facility of acceptance of an undertaking in lieu of bond in certain cases of customs clearance from 08.05.2021 till 30.06.2021, as was earlier done through Circular No.17/2020-Cus., dated 03.04.2020 as amended by Circular No. 21/2020-Cus., dated 21.04.2020 communicated under JNCH’s P. N. Number 41/2020 dated 03.04.2020 and 58/2020 dated 22.04.2020 respectively. 3. This relaxation is in respect of bonds prescribed under Section 18, Section 59 and Section 143, and under notifications issued in terms of Section 25 of the Customs Act, 1962. 4. Importers /Exporters availing this facility shall ensure that the undertaking furnished in lieu of bond is duly replaced with a proper bond before the stipulated period i.e. 15.07.2021. Each Group/Section shall maintain a record of all cases of relaxation allowed by them. 5. The terms and conditions specified in Circular No.17/2020-Cus., dated 03.04.2020 as amended by Circular No. 21/2020-Cus. remain the same. For ready reference, these are reproduced below:- (i) This relaxation will apply to the following categories of the importers/exporters:
a. Government/Public Sector Undertakings (Central/State/UT Govts. or Administrations and their undertakings), b. Manufacturer/Actual User importer, c. Authorised Economic Operators, d. Status holder, e. All importers availing warehouse facility in terms of section 59 of the Customs Act, 1962. (ii) Each such relaxation, where requested, should comply with the following conditions:
a. The content of the undertaking should, to the extent possible, be same as the content of the prescribed bond.

b. The undertaking in lieu of bond is to be submitted by the registered email ID of the IEC holder or their authorized Customs Broker. In addition to this, but not in substitution, Nhava Sheva Customs (JNCH) prescribes uploading of the undertaking on e-Sanchit. c. The undertaking should include a commitment from the IEC holder to submit the proper bond in prescribed format on notarised stamp paper etc. on or before 15.07.2021. d. The undertaking will not be treated as a substitute for security, wherever mandated.
e. The security, where required, shall be furnished in the nature and manner as deemed fit by the proper officer. Board’s instructions issued from time to time regarding such security in specific cases should be kept in view in this regard.
f. In case of warehoused goods, any subsequent movement of goods to another warehouse under section 67 of the Customs Act, 1962, shall be allowed only to manufacturer/actual user importer or AEO or Status holders. For requests related to change of ownership after warehousing, the facility shall be considered only in cases where the prospective buyer is either manufacturer/actual user importer or AEO or Status holder. (iii) Such relaxation from submitting a bond may also be considered on case to case basis for any other importer and exporter who requests for the same, with such additional safeguards over and above those listed in para 5(ii) above, as deemed fit by the jurisdictional Commissioner to safeguard revenue and ensure compliance of the statutory provisions. 6. Difficulty, if any, faced in implementation of the said Public Notice may be brought to the notice of the Additional Commissioner (Appraising Main, Import) through email on appraisingmain.jnch@gov.in. 7. This Public Notice should be considered as Standing Order for the concerned Officers and Staff of Customs JNCH.

Sd/-

(उ. जनरंजन/ U. Niranjan) प्रधान आयुक्त, सीमाशुल्क / Pr. Commissioner of Customs Copy to: 1. The Chief Commissioner of Customs, Mumbai Zone-II, Nhava Sheva. 2. The Pr. Commissioners/ Commissioners of Customs, NS-G/NS-I/NS-II/NS-III/NS-Audit /NS-V, Nhava Sheva. 3.
Additional/Joint/Dy./Asstt. Commissioners of Customs, Nhava Sheva. 4. Sections/Groups/Docks/RMSFC, Nhava Sheva. 5.
Customs Broker Associations- BCBA/WISA. 6. All Partner Government Agencies (PGAs). 7. Members of the Trade (MANSA/CFSAI/CSLA etc) as per mailing list. 8. AC/DC, EDI for uploading on JNCH website.