Procedure for amendment/ conversion of free shipping bills to Export Promotion shipping bills

F. No. S/22-Gen-82/2015-16/AM(X)

OFFICE OF THE COMMISSIONER OF CUSTOMS, NS-IV
MUMBAI CUSTOMS ZONE-II
JAWAHARLAL NEHRU CUSTOM HOUSE, NHAVA SHEVA,
TAL:- URAN, DIST : RAIGAD. PIN –400 707.

F. No. S/22-Gen-82/2015-16/AM(X)

Dated : 05.07.2017

PUBLIC NOTICE NO. 88/2017

Sub: Procedure for amendment/conversion of free shipping bills to Export Promotion shipping bills and amendment/conversion of shipping bills from one scheme to another scheme- Reg.

Attention of all the importers, exporters, Customs Brokers, and other stake holders is invited to the Notification No. 35/2017-Customs (N.T.), dated 11.04.2017 and Board Circular No. 36/2010-Customs, dated 23.09.2010 along with the Public Notice Nos. 88/2009, dated 20.11.2009 and 105/2010, dated 20.10.2010 on the subject ‘Procedure for post shipment amendment/conversion of free shipping bills to export promotion shipping bills and amendment/conversion of shipping bills from one scheme to another scheme’.

2. In continuation to the Public Notice Nos. 88/2009, dated 20.11.2009 and 105/2010, dated 20.10.2010, it has been decided that all requests for amendments in the shipping bills are divided into two categories:-

A. Amendment/conversion in the shipping bill before allowing Let Export Order (LEO).

B. Amendment/conversion in the shipping bill after allowing Let Export Order (LEO), i.e., Post Shipment Amendment.

Amendment/Conversion before allowing LEO(Consignment routed through CFS):-

2A.A Any request for amendment in the shipping bill (before LEO) shall be processed by the EO/PO posted in the concerned CFS. He is required to scrutinize the documents in the light of the provisions of Section 149 of the Customs Act, 1962. He may require additional documents from the exporter/CB. After completing verification, he shall put up the file to the concerned AO/Supdt.(P) for approval. On being satisfied and found in accordance with provisions of Section 149 of the Customs Act, the AO/Supdt.(P) may allow such amendment. If it is noticed that request for amendment was with intention to evade FTP or any other prohibition / restriction, such cases should be immediately referred to ADC/JC, SIIB (X).

Amendment/Conversion before allowing LEO(Consignment routed from Parking Plaza):-

2A.2 The amendment in the shipping bill before LEO shall be processed by the Preventive Officer (PO), who is posted in the Parking Plaza. He is required to scrutinize the documents in the light of the provisions of Section 149 of the Customs Act, 1962. He may require additional documents from the exporter/CB. After completing verification, he shall put up the file to the concerned AO/Supdt.(P) for approval. On being satisfied and found in accordance with provisions of Section 149 of the Customs Act, the AO/Supdt.(P) may allow such amendment. If it is noticed that request for amendment was with intention to evade FTP or any other prohibition / restriction, such cases should be immediately referred to ADC/JC SIIB(X).

Post Shipment Amendments

2.B. Any request for post shipment amendments in the shipping bills shall be processed at Centralized Export Assessment Cell (CEAC) in the following manner:-

i. The Customs Broker/ exporter is required to submit his request/application for post-shipment amendment along with all supporting (self-certified) documents to the TA / STA posted in the CEAC, situated at the Speedy CFS. According to proviso to Section 149 of Customs Act “no amendment of a shipping bill shall be so authorized to be amended after the export goods have been exported, except on the basis of documentary evidence which was in existence at the time the goods were exported. Therefore, Customs Broker/ exporter should keep in mind the aforesaid mandatory requirement, while submitting aforesaid application.

ii. The TA / STA shall give a separate file number to each case and he shall put up the file to the Assistant/Deputy Commissioner of Customs of the respective Group of the Centralized Export Assessment Cell (CEAC). The Group AC/DC shall mark the file to the concerned AO/Supdt.(P), posted in CEAC, for scrutiny of documents. The concerned AO/Supdt.(P) shall examine the documents and in case any deficiency/discrepancy is observed, he shall issue a deficiency memo to the Exporter/Customs Broker within 7 working days, providing the full details of deficiencies/discrepancies, which have been observed during scrutiny of documents.

iii. The AO/Supdt.(P) concerned shall scrutinize the correctness of the amendment, sought by the exporter, in the light of the SO 34/2008 dated 01.08.2008, Board Circular No. 36/2010-Customs dated 23.09.2010 and other instructions / circulars, if any. In case of suspicion about genuineness of any documents, the AO/Supdt.(P) may call for the records from MCD for verification of the particulars which are sought to be amended. He shall put up the file to the Assistant/Deputy Commissioner of Customs (Admin), CEAC, along with comments whether the conditions of section 149 of Customs Act,1962 are fulfilled or not.

iv. If conditions of section 149 of Customs Act, 1962 are fulfilled, the request may be allowed by the Assistant/Deputy Commissioner of Customs (Group), CEAC.

3. The post-shipment amendments shall ordinarily be examined and disposed of within a period of 30 days from the date of receipt of the request from the CB / exporter. In case of delay beyond the stipulated period, the CB/ exporter may approach the JC / ADC concerned to resolve the matter.

4. Difficulty, if any, may be brought to the notice of Deputy / Assistant Commissioner in charge of Appraising Main (Export) through email / phones (email address: apmainexp@jawaharCustoms.gov.in, Phone No : 022-27244959,).

5. This, issues with approval of the Chief Commissioner of Customs, Mumbai Zone-II, JNCH. Action to be taken in terms of decisions taken in this Public Notice should be considered as standing order for the purpose of officers and staff.

Sd/-
(SUBHASH AGRAWAL)
Commissioner of Customs (NS-IV).

Copy to:

1. The Chief Commissioner of Customs, Mumbai Zone-II, JNCH.

2. The Commissioner of Customs, NS-G/ NS-I/ NS-II / NS-III/ NS-IV / NS-V, JNCH.

3. All Additional / Joint Commissioner of Customs, JNCH.

4. All Deputy / Assistant Commissioner of Customs, JNCH.

5. All Sections / Groups of NS-G, NS-I, NS-II / NS-III/ NS-IV / NS-V, JNCH.

6. Representative of BCBA / FIEO for information and circulation among their members for information.

7. AC/DC, EDI for uploading on JNCH website immediately.