OFFICE OF THE COMMISSIONER OF CUSTOMS (NS-III),
MUMBAI ZONE-II, JAWAHARLAL NEHRU CUSTOM HOUSE,
NHAVA SHEVA, TALUKA: URAN, DISTRICT: RAIGAD,
MAHARASHTRA-400707
F. No. S/22-Gen-402/2017-18/ AM (I)/JNCH
Dated: 15.12.2017
PUBLIC NOTICE NO. 156/2017
Subject: – Procedure for execution / monitoring of “No Use Bond” in respect of clearance of import FCL containers involving NOC from Participating Government Agencies (PGAs) -Reg.
Attention of the Importers, Exporters, General Trade, Port Terminal Operator, Shipping Lines / Shipping Agents, CFSs coming under the jurisdiction of JNCH, NhavaSheva and all other stakeholders is invited to the Public Notice No 182/2016, dated 23.12.2016, 23/2017, dated 01.03.2017, 41/2017, dated 24.03.2017, 111/2017, dated 29.08.2017 and various other decisions communicated through Standing Orders / Public Notices issued from time to time in relation to “No Use Bond” system and procedure for Direct Port Delivery.
2. In order to further streamline the scope and procedure of execution andmonitoring the “No Use Bond” executed by DPD importers, following revised procedure is being prescribed:
3. SCOPE:
1. Only Importers approved as DPD Importers by JNCH and also registered with Terminal Operators for availing DPD facility are entitled to avail the facility of submitting “No Use Bond”. [DPD importers can also file into bond warehousing bill of entry and avail the procedure of warehousing as prescribed in Public Notice No 182/2016, dated 23.12.2016, public Notice no 12/2017, dated 31.01.2017. However, non DPD importers should avail of warehousing procedure and are not entitled to “No Use Bond” facility.]
2. Facility of submitting“No Use Bond” is available in respect of clearances of RMS facilitated bills of entry, where NOC from “Participating Government Agencies (PGAs) is required. PGAs include Food Safety & Standards Authority of India (FSSAI), Plant Quarantine (PQ), Animal Quarantine (AQ), Textile Committee (TC), Drugs Controller (ADC), Regional Fertilizer Control Laboratories (RFCL) etc.
3. DPD importers are necessarily required to opt for CFS-DPD model (one of CFS as “stacking code”) in order to avail of No- Use bond facility (Not entitled to avail DPD-DPD model).
4. DPD Importers may store the said containers in the DPD Area of CFS after removal from Port. Samples can be drawn by PGAs in the DPD area. However, importers can finally remove the goods from CFS after NOC is received from PGAs.
4. “No use bond” can be furnished either as continuity bond or separate bond for each consignment. In both situations bond would be furnished to concerned Group for acceptance. The further procedure would be as under –
(i) Non-Facilitated Bill Of Entry: In case, the Bill of Entry, for which the Bond is furnished, is routed through Group, suitable comments shall be entered by Group in the ‘Departmental Comments’ Menu regarding the particulars and purpose of ‘No Use Bond’.
(ii) Facilitated Bill Of Entry: In case, the Bill of Entry, for which the Bond is given, is facilitated through RMS for ‘No assessment and No Examination’, OOC Officer at the time of granting out of charge should enter the suitable comments in the ‘Departmental Comments’ Menu regarding the particulars and purpose of ‘No Use Bond’.
5. Responsibility to check delivery order issued by shipping lines and NOC received from PGAs
1. CFSs: It will be responsibility of concerned CFS to not allow release and clearance of such containers unless delivery order issued by shipping line is submitted / produced (either electronically or physical copies).
2. Importer/Customs Broker : It will be responsibility of the Importer/Customs Broker to submit “No Use Bond”, get the samples drawn by the PGAs and produce the NOC issued by PGAs to the Gate Officer (PO) at the time of clearance of containers.
3. Gate Officer (PO): It will be responsibility of Preventive officer at CFS gate to not allow release and clearance of such containers unless NOC issued by PGAs is submitted / produced (either electronically or physical copies).
6. Gate officer would be required to maintain a simple register in the format as below to record such clearances
| Sr No | Bill of Entry No | OOC date | Whether NOC Produced |
If yes, NOC details (Issued by, No & date) | Signature and remark, if any |
7. As provided in the Public Notice No 111, dated 29.08.2017,concerned Group officer shall finalise / close/ cancel the Bonds in manual register based on the reports received from the PGAs/other agencies. In case of adverse report, action shall be initiated by Group Officer as per the Customs Act or any other Act for the time being in force and matter should be brought to the notice of concerned Group ADC/JC incharge.
8. In case of any difficulty, the specific issue may be brought to the notice of Deputy/Assistant Commissioner in charge of DPD Cell, NS-III (email address: appraisingmain.jnch@gov.in)
9. 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-III).
Copy to:
1. The Chief Commissioner of Customs, Mumbai Zone-II, JNCH.
2. The Commissioner of Customs, NS-G/ NS-I/ NS-II / 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 / FIEOfor information and circulation among their members for information.
7. AC/DC, EDI for uploading on JNCH website immediately
