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OFFICE OF THE COMMISSIONER OF CUSTOMS NS-I, III & V
JAWAHARLAL NEHRU CUSTOM HOUSE, NHAVA-SHEVA.
TAL: URAN, DIST: RAIGAD, MAHARASHTRA-400 707.

F.No. S/22-Gen-51/2014-15 AM(I)NS-I,  Date: 29 .01.2015
 
PUBLIC NOTICE NO.09/2015

SUBJECT:    PROCEDURE TO BE FOLLOWED IN RE-EXPORT OF IMPORTED GOODS UNDER SECTION 69 OF THE CUSTOMS ACT, 1962-REG.

The trade has represented that in the case of export of warehoused goods under Section 69 of the Customs Act, 1962, whenever there is involvement of two Custom Houses, lengthy procedures are being followed and it entails lengthy procedures of documentation and they are required to obtain numerous signatures of the concerned Customs officers of Import Bond Section, concerned Groups where such commodity is handled and officers of Export Department of the Customs House.  This is resulting in delay in clearance of the goods and therefore request was made for change of procedure presently being followed in such cases. The Chief Commissioner of the zone had agreed to the same.

2. The matter has been examined and the following new procedure is prescribed for export of warehoused goods as envisaged under Section 69 of the Customs Act, 1962:-

A. The bonder-exporter shall submit an application in prescribed format for export under Section 69 of the Customs Act, 1962, to the AC/DC Bond Section under whose jurisdiction the warehoused goods are lying.  The format in which such application shall be given is mentioned at Annexure A, wherein all required information like bond number, description of goods etc are to be mentioned.

The AC/DC (Bond) may, after causing verification of physical availability of the said goods in the bonded warehouse, allow export of the said goods subject to the following conditions:-

(i)  On re-export, the exporter realizes full foreign exchange spent on import in freely convertible foreign currency, if the goods were imported on payment in freely convertible foreign currency; and

(ii) The import in the first instance was not-unauthorized or in contravention of the Foreign Trade Policy (FTP).

After, the grant of permission for re-export, the Tax Assistant (TA) of the Bond Section will make a provisional entry in the Bond Register regarding intended export u/s 69 by the party.

The permission so obtained by the party for export under Section 69 of the Customs Act, 1962, will be sent to the concerned AC/DC Export (Loading Port) and a copy of the permission will be endorsed to the Bond Officer posted at the warehouse wherein goods are deposited.  Format of the letter in which such permission is granted is mentioned at Annexure B, which will be handed over to the representative of the Bonder-Exporter in sealed cover.

B. After obtaining the permission for export the party shall submit the permission letter to the AC/DC (Export) where from export will be affected, in prescribed format (Annexure C) along with required documents and simultaneously the party will file the Shipping Bill.

C. The Shipping Bill (Manual/EDI as per the practice followed) will be generated in the concerned Commissionerate i.e. (Port of Loading).  Now the party shall submit the file including the Shipping Bill and other relevant documents to the Assessing Officer of the concerned Commissionerate for the assessment of the goods, which are to be exported.

D. After assessment of the Shipping Bill, the AC/DC Export shall inform the concerned Bond Superintendent for removal of the goods.  Thereafter, the party shall approach the concerned warehouse/bond customs officer along with shipping bill and other relevant documents.  The bond officer will verify the documents i.e. permission to re-export and S/Bill No., forwarded by the Import Bond Section and the Export Section wherefrom bonded goods are to be exported and make the entries in the Bond Register maintained at the Bonded Warehouse.  He / She will enter the Shipping Bill No. and quantity of the warehoused goods to be exported in the prescribed column.  Then the Bond Officer will allow the movement of goods either under preventive supervision or under punch seal to concerned Customs House, as per the requirement of the party.

E. After receiving of the goods at export port, the Examining Officer (E.O.) will examine the goods as per the norms and accordingly Let Export Order (LEO) will be given.

F. After order of the clearance of the goods, final Shipping Bill along with the relevant documents generated shall be submitted to Bond Section for cancellation of Bond as discharged in full or debit of part exported quantity in the Bond Register.

3. The same procedure will be adopted immaterial of the fact whether the said export is effected from the same Custom House or from some other Custom House.

4. The aforesaid procedure shall come into force with immediate effect and shall be followed by members of trade.

5. Any difficulty noticed in the implementation of this order may be brought to the notice of the undersigned.

SD/-
(SEEMA JERE BISHT)
COMMISSIONER OF CUSTOMS,
NS-I, III & V, JNCH
Encl: Annexure A, B & C

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10 Comments

  1. BALWANT HADAWALE says:

    whether Importer can Import Goods without any foreign exchange and deposit the goods under bonded warehouse then re-export to third country without any Foreign exchange ?

  2. N G BHANUSHALI & CO says:

    Sir,
    which customs notification is to be applicable for duty exemption on goods imported are going to re-export.since 46-Cust 1.2.1963 are not accepting in the system. please

  3. Gaganpreet singh says:

    We have imported goods and filed warehouse bill of entry under section 69 for re export to thirty country > custom officer has raised below query as there is MIP condition for these goods …GOODS APPEAR TO BE PROHIBITED AS CIF DECLARED PRICE I.E. RS.415/KG APPROX IS LESS THAN MIP OF RS.500/KG AS PER NOTIFICATION NO.109/(RE-2013)/2009-2014. THE QUERY REPLY IN THIS REGARD APPEARS UNSATISFACTORY IN AS MUCH AS THERE IS NO CONDITION IN THE DGFT NOTIFICATION WHICH EXEMPTS GOODS FILED FOR DEPOSIT IN WAREHOUSE AND LATER ON TO BE RE-EXPORTED. DO YOU WANT TO SUBMIT ANY CLARIFICATION(IF ANY) IN THIS MATTER?. PLEASE STATE WHETHER YOU NEED SCN AND PH IN THIS CASE OR NOT…. now i want to know whether MIP is applicable for such cases or not.

  4. KRISHNA says:

    Import of Military equipment for trial purpose by GOI authority which is to be re-exported to them under bond cancellation. If any GR Waiver is mandatory for export value at the time of exports.

  5. Mariflor Maligat says:

    We already re export our cargo and now we are trying to get/cancel the bond to release our collateral. Where do we need to go and what documents we need to submit ?

    Thanks

  6. Harish says:

    Hello We have an inquiry for Third country exports . Import goods in cotainer flexy tanks of base oil and the same container will be exported from India to another country . Please confirm the process

  7. Rohit agarwal says:

    Sir, if i have filed the bill of entry and the goods have been confiscated and warehoused in cfs and due to high import duty we have received a re-export order for the same is it compulsory for the consignment to be exported to origin country or can be re-exported to any third country?

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