Detained
Containers may be Released on Furnishing Bond and BG
under CA ‘1962
No Rent
or Demurrage on Detained Goods under Rule 6 (1) (I) of HCCAR 2009
[Ref: F.No. 450/24/2012-Cus.IV dated 14th March 2012]
Subject: ‘Handling of Cargo in Customs Areas Regulations, 2009’.
Attention
is invited to the provisions of Handling of Cargo in Customs Areas Regulations, 2009 (HCCAR, 2009)
and various circulars and instructions issued by the Board on the above subject
from time to time. HCCAR, 2009 provides
for a comprehensive mechanism for handling of goods in a customs area and sets
out the terms and condition for all facilities where customs cargo is handled.
2. It has been reported that in a large number of cases, containers
detained by Directorate of
Revenue Intelligence (DRI), Special Intelligence & Investigation Branch
(SIIB) or Preventive formations are not being released after elapse of
considerable time. This has caused undue hardship to shipping companies by
paying exorbitant demurrage charges.
3. The matter
has been examined. It is felt that one of reasons for longer detention can be
lack of adequate space for storing such goods in a Customs area. In this
regard, Board desires that sufficient
space for custody / storage of detained imported / export goods should be
provided by Customs Cargo Service
Provider (CCSP) as per regulations 5 (1) (o) of the HCCAR, 2009 so that detained goods may be stored after de-stuffing
from the containers and empty containers be returned
to the concerned Shipping Line. Further, in terms of regulation 6 (1) (l) of the HCCAR, 2009 that CCSP shall subject to any
other law for the time being in force not charge any rent or demurrage on
detained goods. In case containers are detained / seized under the Customs Act,
1962, the same may be considered for provisional release subject to furnishing
of Bond and Bank Guarantee under the Customs Act, 1962.
4. Board also desires that investigations wings of the
department like DRI, Preventive and SIIB wings of the Commissionerates
should finalise investigation at the earliest keeping
in mind the genuine concerns of shipping lines and
also constraints of resources with the CCSP.
5. These instructions may be brought to the notice of
all the concerned by issuing suitable Standing orders/instructions.