Need for better communication and coordination to avoid delay in assessment or examination and subsequent clearance of consignment from the docks.

1 OFFICE OF THE COMMISSIONER OF CUSTOMS (NS-I), (֐48֑耀48֌օ ֐붸֑ܯ)APPRAISING MAIN (IMPORT), վIMPORMR 4붸P8 ֚֠֐M֘붸8֘ ֏I4, ᭠PMIM ֘붸IM, ֆM իOօ, JAWAHAR LAL NEHRU CUSTOM HOUSE, NHAVA- SHEVA,TAL- URAN, 耀վRM OM֑⪺փ RAIGAD-400707,֐PMOM᳦MAHARASHTRA (e-mail:appraisingmain.jnchimp@gmail.com; Telephone No.022-27244979) F.No. S/22-Gen-04/2017-18/ AM(I) Date : 27 /06/2019 STANDING ORDER NO. 12/2019

Subject:-Need for better communication and coordination to avoid delay in assessment or

examination and subsequent clearance of consignment from the docks. Attention of all officers of JNCH posted in Groups and Docks for import/export assessment and examination is drawn towards grievances from the trade regarding inordinate delay in assessment or examination and subsequent clearance from the docks. These delays are attributable to lack of communication of a query or objection either by the Group or docks to the CB/importer in a timely manner or due to raising of unwarranted queries. Apart from upsetting the planned schedule for the receipt of imported goods for further economic activity, such delays translate into costs for the importer and exporter by way of additional demurrage and rentals. It is needless to say that JNCH in the recent past has taken a lot of measures for facilitation of trade and for reduction of dwell time and cost in the spirit of ‘Ease of doing Business’. Although Time Release Study 2019 has recorded a further reduction in release time, the distance between the overall average and the target of 48 hours set by the Government is still large. As such, there is a need to identify further opportunities for compression through rationalisation of procedure and better coordination. 2. As far as assessing Groups are concerned, the queries raised by the assessing officers are confirmed by the Group DC/AC after verifying the genuineness and need of the query. In MIS report, the controlling officer i.e.

Groups are concerned, the queries raised by the assessing officers are confirmed by the Group DC/AC after verifying the genuineness and need of the query. In MIS report, the controlling officer i.e. JC/ADC/Commissioner can view the queries and their nature. The frequency of queries raised SSO ID wise, their justification and quality and the input received in response to query whether impacting the quality of assessment and examination, needs to be periodically and regularly monitored by these officers. Assessing officers should also be encouraged to regularly view the ICEDASH screen appearing after they have completed an assessment so that they are aware of how they compare with the national average for the Group. 3. However, the scenario in Docks is different and it is often reported by the trade that verbal queries are made and submission of further documents is insisted by the Docks officers for examination of goods. It is therefore, directed that, henceforth, no verbal query should be raised by the examining officers in CFS. The following process should be followed for raising queries, further action of OOC or for reporting discrepancies back to Group: (i) After implementation of ‘Turant Customs’ there is a scope of raising query through the EDI system in Docks. However, the same may delay the process of clearance as it will increase

ack to Group: (i) After implementation of ‘Turant Customs’ there is a scope of raising query through the EDI system in Docks. However, the same may delay the process of clearance as it will increase

2 three more steps viz. query raising, its reply and then queuing up again in the OOC module. Therefore, the Docks officers shall raise query for documents etc. required to examine the goods, if any, on the docket pertaining to the concerned bill of entry and hand it over to the authorized pass holder employee of the CHA/CB. Care should be taken to ensure that only documents relevant for examination such as catalogue, BIS certificate etc. and those not already uploaded on e-Sanchit are called for. In token of having handed over the query document, the concerned officer will obtain acknowledgement for the same from CHA/CB. The officer, raising the query on the docket will also obtain a photo copy of the said document and will preserve the same for the purpose of records. Subsequently, he will submit the said records alongwith the nature of query to the Deputy/Asstt. Commissioner, in-charge of Docks. In turn, every Docks DC/AC will send the report in the format given below on daily basis to the jurisdictional Addl/Joint Commissioner through Whatsapp: (1) (2) (3) (4) (5) (6) (7) (8) Date Opening Balance No. of Bs/E registered on the day No. of Bs/E for which examination report has been fed No.

risdictional Addl/Joint Commissioner through Whatsapp: (1) (2) (3) (4) (5) (6) (7) (8) Date Opening Balance No. of Bs/E registered on the day No. of Bs/E for which examination report has been fed No. of Bs/E for which examination report has not been fed. Closing Balance Reasons for column (5) (Bs/E wise) No. of queries raised. (ii) If the query raised on the docket remains unanswered beyond 24 hours, the concerned officer should raise the same in the system and should accordingly submit the report to DC/AC Docks. The concerned JC/ADC Docks should monitor such unanswered queries. (iii) On submission of reply, the officer should take endorsement from CB/Importer with date and time. If satisfied with reply, the officer should grant OOC on the date of receipt of reply and report the same to DC/AC Docks. (iv) If officer is not convinced with submitted reply, he should put his objection in the file and should submit the same to DC/AC Docks for his approval. (v) The Docks officer should incorporate his objection in the EDI system also while forwarding the BOE to the Groups with details of objection for further action to be taken as per provisions of Customs Act 1962. 4. The second issue pertains to making objection against the self-assessment of the importer and against the group assessment by Docks Officer. The main focus of Docks officer should be on examination of goods vis-à-vis the bill of entry and other documents filed.

-assessment of the importer and against the group assessment by Docks Officer. The main focus of Docks officer should be on examination of goods vis-à-vis the bill of entry and other documents filed. As far as possible objections should be confined to issues that emerge consequent upon examination and which it is not possible to detect on a mere scrutiny of documents - especially in cases where self- assessment has been duly verified by the Group. Thus, objections would be required to be raised where the description or quantity of the goods is found to be different from what is declared or where the declared description does not sufficiently capture the quality or specifications of the goods and the latter has clear implications for classification, rate of duty or the declared value. It would also be necessary to raise objections where the goods on examination are found to be such that they need to comply with some regulatory requirement such as BIS.

duty or the declared value. It would also be necessary to raise objections where the goods on examination are found to be such that they need to comply with some regulatory requirement such as BIS.

3 5. In such cases the officer making the objection should immediately open a file by assigning a file no. to the same and submit the file to the concerned DC/AC Docks. The DC/AC Docks, after satisfying himself with the genuineness of the objection, should approve and mark the same to the jurisdictional ADC/JC on the same day. The examiners posted in docks should bring the file to the JNCH next morning and after getting it approved from Docks ADC/JC, should submit the same to the concerned ADC/JC Group. Once the issue is reported to ADC/JC Group, he/she will ensure that the same is expedited without loss of time. In case, the issue raised warrants adjudication by Group, the same should be prioritized. The officers posted in Docks and Groups should scrupulously follow the direction given vide S.O. No. 06/2018 dated 09.03.2018 in such cases. ADC/JC Group should regularly monitor such cases and report to Commissioner in case of more than three days delay in issuance of SCN or Adjudication order where SCN has been waived.

18 in such cases. ADC/JC Group should regularly monitor such cases and report to Commissioner in case of more than three days delay in issuance of SCN or Adjudication order where SCN has been waived. Better coordination and communication between the Docks and Groups will go a long way in time saving for the trade. 6. With regard to sudden change in established practice of assessment or practice of dealing with a regulatory requirement at the level of the Appraiser/Superintendent, it is emphasized that the same should be strictly in consultation with or with written approval of controlling officers. 7. Difficulty, if any may be brought to the notice of Deputy Commissioner in-charge of Appraising Main (Import) through e-mail/phones (e-mail address: appraisingmain.jnch@gov.in, Phone No: 022-27244979). Sd/- (Sunil Kumar Mall) Commissioner of Customs (NS-I) Copy to:

1. The Pr. Chief Commissioner of Customs, Mumbai Zone-II.
2. All Commissioner of Customs, Mumbai Zone-II.
3. All Addl. /Joint Commissioner of Customs, Mumbai Zone-II.
4. All Deputy/Asst. Commissioner of Customs Mumbai Zone-II.
5. The DC/EDI for uploading on the JNCH Website.
6. Office Copy.