Introduction: The Office of the PR. Commissioner of Customs (NS-I) at Jawaharlal Nehru Custom House, Maharashtra, has issued a significant public notice regarding the examination procedure for suspicious Less than Container Load (LCL) cargo. In this article, we delve into the details of this notice, understanding its implications and procedures.
Detailed Analysis: The notice emphasizes the importance of adhering to Sections 30, 31, and 32 of the Customs Act, 1962, regarding the filing of import manifests by Shipping Lines/Agents. It highlights the issue of incomplete manifests filed by certain entities, leading to the misrepresentation of LCL cargo as Full Container Load (FCL) cargo.
The consequences of such actions are severe, with penalties outlined under Section 30(1) of the Customs Act, 1962. Moreover, the Container Selection Module (CSM) of the Risk Management System (RMS) identifies such incomplete manifests for container scanning, further intensifying scrutiny.
To address this issue and streamline examination procedures, the notice introduces specific protocols for suspicious LCL cargo:
1. Complete LCL Container Examination: For containers fully marked as suspicious by the Container Scanning Division (CSD), destuffing will occur under CCTV coverage by CFS/Custodians without direct AC/DC supervision. Examination or non-examination will follow RMS instructions.
2. Partial Examination of LCL Containers: Containers partially marked as suspicious will undergo destuffing under CCTV coverage with AO/Superintendent supervision. Cargo in suspicious areas will undergo 100% examination, while the rest will follow RMS guidelines.
The notice reiterates that previous directives on the matter are modified accordingly and mandates compliance as a standing order for all Customs House officers and staff.
Conclusion: The issuance of this public notice reflects the Customs authorities’ commitment to ensuring compliance and enhancing security measures. By delineating clear procedures for examining suspicious LCL cargo, the Office of the PR. Commissioner of Customs aims to mitigate risks associated with incomplete import manifests and uphold regulatory integrity. It is imperative for all stakeholders to adhere to these guidelines to facilitate efficient cargo clearance and maintain the integrity of import processes at Jawaharlal Nehru Custom House.
OFFICE OF THE PR. COMMISSIONER OF CUSTOMS (NS-I)
APPRAISING MAIN (IMPORT)
JAWAHARLAL NEHRU CUSTOM HOUSE,
MAHARASHTRA-400707
email : appraisingmain.jnch@gov.in Telephone No: 022-27244979
Dated: 07.03.2024
DIN:- 20240378NX000022BD7
Public Notice No:- 25/2024-JNCH
Subject: Examination Procedure of LCL cargo marked suspicious by CSD-reg.
Attention is drawn towards Section 30, 31 and 32 of Customs Act, 1962, which mandates filing of import (arrival) manifest by Shipping Lines/Agent and imported goods not to be unloaded unless mentioned in arrival or import manifest. Certain Shipping Lines/Agent are not filing complete manifest in violation of section 32 of the Customs Act, 1962 in as much as the detailed description of each line of LCL cargo is not mentioned in import or arrival manifest and Console agent of such shipping Lines/Agent are filing amendment under section 30 (3) of the Customs Act, 1962 for such incomplete import manifest with detail line description of LCL cargo and such incomplete LCL container are shown as FCL in original import manifest.
2. The Shipping Lines/Agent and their Console agent filing such amendment or supplement in routine manner is liable for maximum penalty under section 30 (1) of the Customs Act, 1962 as there is no sufficient cause for delay in filing complete IGM (Import General Manifest). The CSM (Container Selection Module) of RMS (Risk Management System) selects such incomplete IGM indicating LCL cargo declared as FCL cargo bereft of line wise description of LCL cargo for container scanning purpose.
3. As a measure to ease the examination of such LCL container marked as suspicious following procedure is being prescribed:
i. Complete LCL container marked as suspicious by CSD: The destuffing of such container having multiple importers will be done by CFS/Custodian under CCTV coverage by themselves without supervision of AC/DC in charge of CFS. Further, the examination or otherwise (no examination) of such consignments will be governed by the RMS instructions.
ii. LCL container partially marked as suspicious by CSD: The destuffing of such container will be done by CFS/Custodian under CCTV coverage and under supervision of AO/Superintendent in-charge of CFS and the cargo in suspicious area will be marked separately for 100% examination under AO/Superintendent supervision. Other cargo not in suspicious area will be examined as per RMS instructions.
4. All the previous Public Notices and Standing Orders on this issue stand modified to the above extent.
5. This Public Notice should be considered as a Standing Order for the concerned Officers and Staff of this Custom House.
6. Any difficulty faced in the implementation of the above-said direction may be brought to the notice of the Joint/Additional Commissioner of Customs, Appraising Main (Import), NS-I, JNCH via e-mail: appraisingmain.jnch@gov.in .
(D S. Garbyal)
Commissioner of Customs,
NS-I, JNCH
Copy to:
1. The Chief Commissioner of Customs, Mumbai Zone-II, Nhava Sheva.
2. The Commissioner of Customs, NS-I, NS-II, NS-III, NS-IV, NS-V, NS-G JNCH, Nhava Sheva.
3. Additional/ Joint/ Dy./ Asstt. Commissioners of Customs, JNCH, Nhava Sheva.
4. Sections/ Groups/ Docks/ RMSFC, Nhava Sheva through JNCH website.
5. AC/DC, EDI for uploading on JNCH website.
6. Office Copy.
