Summary: Chennai-IV (Export) Commissionerate has issued Public Notice No. 141/2026 dated 15 October 2026 to facilitate storage of imported goods under Section 49 of the Customs Act, 1962. It addresses delayed clearance arising from investigations, examinations, testing, verification, statutory approvals and other processes, which can cause avoidable detention, demurrage, logistics costs and congestion. Where investigating units detain or hold goods and clearance is likely to be delayed for more than 10 days after examination, the CFS custodian must inform the importer or authorised Customs Broker, in writing or by email, about approaching the investigating unit for the Section 49 facility. A reminder must follow if clearance remains pending within the specified 20-day period after examination. For consignments subjected to open examination where sample testing, PQ/AQ/FSSAI NOCs or related discrepancies are expected to delay clearance beyond five days, the Shed DC/AC must issue a written or emailed advisory about approaching the respective Import Commissionerate Groups. A reminder is required if goods remain uncleared within 10 days after sample drawal. Custodians, CFSs and other Customs Cargo Service Providers must retain advisories, reminders and communications for production before Customs. Non-compliance may attract action under Regulation 11 for breaches of Regulation 6 of the Handling of Cargo in Customs Areas Regulations, 2009, wherever warranted. The notice creates no automatic, vested or enforceable right to waiver, Section 49 permission or other relief. Section 48 disposal proceedings remain independent and unaffected. Implementation difficulties may be referred to the Commissioner of Customs, Chennai-IV. The notice takes immediate effect.
Government of India
Ministry of Commerce & Industry
F. No. GenC/MISC/33/2025-CCSPL
Public Notice No. 141/2026 | Dated: 15th October 2026
Subject: Facilitation of storage of imported goods under Section 49 of the Customs Act, 1962 – Reg.
Attention is invited to the provisions of Sections 48 and 49 of the Customs Act, 1962; Handling of Cargo in Customs Areas Regulations, 2009 (HCCAR, 2009); Sea Cargo Manifest and Transhipment Regulations, 2018 (SCMTR, 2018); Board Circular No. 42/2001-Cus dated 31.07.2001; Public Notice No. 01/2013 dated 03.01.2013; and the instructions issued by the Central Board of Indirect Taxes and Customs (CBIC) from time to time on the above subject, to all Importers, Exporters, Customs Brokers, Custodians, Container Freight Stations (CFSs), Shipping Lines, Shipping Agents, Customs Cargo Service Providers (CCSPs) and other stakeholders.
2. It has been observed that imported goods are, at times, held up due to investigations, examinations, testing, verification, approval by Participating Government Agencies (PGAs), the issuance of statutory No Objection Certificates (NOCs), regulatory clearances, or other Customs or statutory processes. In many such cases, the statutory facility available under Section 49 of the Customs Act, 1962, is either not utilized in time or the importer is not informed of its availability at the appropriate stage. This often results in avoidable detention and demurrage charges, increased logistics costs, prolonged cargo dwell time, congestion in Customs areas, and inefficient utilization of logistics infrastructure.
3. Reducing cargo dwell time, minimizing logistics costs, facilitating legitimate trade, and efficiently utilizing logistics infrastructure are key objectives of Customs administration and align with the National Logistics Policy and the Government’s Ease of Doing Business initiatives.
Intimation regarding availability of section 49:
4. Whenever imported goods are detained/ put on hold by Customs on account of an investigation/ examination/ testing by the respective investigating unit viz. SIIB, DIU, R&I, DRI and their clearance is likely to be delayed for more than 10 days after examination, the Custodian of the CFS shall issue a written / email communication to the importer or the authorized Customs Broker regarding the availability of the facility under Section 49 of the Customs Act, 1962 by approaching the investigating unit. Further, if the goods are not cleared within 20 days after examination, a reminder of the same shall be issued by the Custodian CFS.
5. Whenever import consignments are required to be subjected to open examination at CFS and clearance thereof is likely to be delayed on account sample drawal for testing the composition of material or PQ/AQ/ FSSAI NOCs or discrepancies noticed therein and delay is expected beyond 5 days, the concerned Shed DC/AC shall notify the importer or the authorized Custom Broker in writing or through mail regarding availability of the storage facility under the provisions of Section 49 of the Customs Act, 1962 by approaching respective Groups under Import Commissionerate, Chennai. Further, if the goods are not cleared within 10 days after sample drawal, a reminder of the same must be issued by Shed DC/ AC.
Compliance
6. Custodians, CFSs, Shipping Lines, Shipping Agents and other Customs Cargo Service Providers shall maintain effective communication with trade and facilitate the utilization of statutory provisions intended to minimize avoidable logistics costs, reduce cargo dwell time and ensure the efficient utilization of Customs area infrastructure.
7. Custodians, CFSs and other Customs Cargo Service Providers shall maintain proper records of all advisories, reminders and communications issued under this Public Notice and shall produce them before Customs authorities whenever called upon to do so.
8. Failure by a Custodian, CFS or other Customs Cargo Service Provider to comply with the directions contained in this Public Notice, particularly with regard to timely communication of hold/detention by the Customs, the issuance of written advisories and reminders regarding the facility of warehousing under Section 49 of the Customs Act, 1962, and the maintenance of records thereof, may be viewed as non-compliance with the obligations prescribed under Regulation 6 of HCCAR, 2009, and may invite action under Regulation 11 thereof, wherever warranted.
9. Nothing contained in this Public Notice shall be construed as conferring any automatic, vested or enforceable right to a grant of waiver, permission under Section 49, or any other relief.
10. Nothing in this Public Notice shall be construed as modifying, postponing, suspending or dispensing with the statutory procedure prescribed under Section 48 of the Customs Act, 1962. The Section 48 pertains to the disposal of unclaimed and uncleared goods within 30 days of the unloading, and proceedings thereunder shall continue independently and strictly in accordance with the provisions of the Act wherever applicable.
11. Any difficulty in implementing this Public Notice may be brought to the attention of the Commissioner of Customs, Chennai-IV.
12. This Public Notice shall come into force with immediate effect.
