NAVI MUMBAI: Jawaharlal Nehru Custom House (JNCH) has come out with some of the crucial clarifications regarding DPD facility & its implementable procedures for enhancing its efficacy via its latest Public Notice No 110/2017. It deals with three major Subjects:
Firstly, the Procedure in relation to evacuation of DPD containers from port terminals of JNCH, Nhava Sheva to designated CFSs, if not cleared within prescribed 48 Hours period, extension of aforesaid time limit in certain situations. Secondly, regarding the “Advance intimation” of at least 72 hours from importer availing DPD Facility to Shipping Lines & Copy to Customs and Thirdly, Standard Format of said “Advance intimation”.
For the Fisrt issue regarding the Procedure in relation to evacuation of DPD containers from port terminals of JNCH, Nhava Sheva to designated CFSs, if not cleared within prescribed 48 Hours period, extension of aforesaid time limit in certain situations; it clarifies as follows –
1.1 “Designation of CFSs for delivery of DPD containers from port terminals of JNCH, Nhava Sheva to CFSs, if not cleared within prescribed 48 Hours period and under certain other circumstances was specified / clarified vide Public Notice No. 161/2016, dated 28.11.2016 and Public Notice No 08/2017 dated 16.01.2017. The relevant paras of said Public Notice No. 161/2016, dated 28.11.2016 are reproduced below for the sake of easy reference:
Para 4.9. In respect of DPD containers, importer has to arrange Container trailers and evacuate all the containers within 48 hours of landing in the Port Terminal. If Containers are not taken delivery within 48 hours of the landing, balance containers of that lot will be transferred by the port to the designated CFS at the cost of importer/ Shipping line and clearance will be effected from the CFS as per normal procedure. The designated CFS for subsequent clearance of DPD Containers has already been notified by the Commissioner of Customs (Import) JNCH vide Public Notice No 66/2008, dated 11.09.2008 under which M/s. Speedy Multimode Ltd was designated as CFS for the said purpose. However, in case any importer requests for change of CFS, this may be considered by Additional 2 / Joint Commissioner incharge of ‘RMS Facilitation Centre’. In this regard request may be received by email and approval may also be communicated through email to ensure that there is no delay.
Para 4.10. Damaged containers or those with tampered seals will not be allowed DPD. These containers will be transferred to the designated CFS or other CFSs for clearance under normal procedure as specified in this Public Notice.
1.2 The relevant paras of said Public Notice No 08/2017 dated 16.01.2017 are reproduced below for the sake of easy reference:
Para 7. Consignments not cleared within 48 hours from port terminal in respect of DPD Clients (RMS Facilitated); In case, such containers are not cleared by the DPD importers within 48 hours, as specified in the above mentioned Public Notices, the terminals should transfer the same to the designated CFS i.e. M/s Speedy Multimode unless otherwise directed by Customs.
1.3. There has been demand from DPD importers that in certain unavoidable situations (such as, system issues, IGM not finalized within normal period etc.), they are not able to meet the 48 hours deadline, and their containers get shifted to designated CFS.
1.4. Considering the fact that there is increased compliance and gradual increase in DPD facility being availed by Importers, it has been decided that in certain unavoidable situations (such as, system issues, IGM not finalized within normal period etc.), where DPD importers are not able to complete clearance formalities within the prescribed time limit, they may request Additional / Joint Commissioner, DPD Cell for extension of said 48 hours time limit. This request should be accompanied with valid reasons and supporting documents, if any. Additional /Joint Commissioner, DPD Cell, if satisfied with reasons, may extend the said time limit (not beyond 72 hours) and issue “extension letter”.
1.5. This “extension letter” issued by Additional /Joint Commissioner, DPD Cell would be required to be submitted by DPD importer to concerned Port Terminal before the expiry of prescribed period of 48 hours. On submission of said letter by DPD importer, concerned Port Terminal shall allow the extension of said period, as specified in the said extension letter and will not transfer the container to designated CFS till the expiry of extended period.
ISSUE 2. Advance intimation” of at least 72 hours from importer availing DPD Facility to shipping lines, Copy to Customs;
2.1 Attention of the Importers, Exporters, General Trade, Port Terminal Operator, Shipping Lines / Shipping Agents, CFSs coming under the jurisdiction of JNCH, Nhava Sheva and all other stakeholders is invited to Public Notice No 08/2017, dated 16.01.2017 (Certain clarifications about DPD facility), Public Notice No 09/2017, dated 16.01.2017, Public Notice No 16/2017, dated 09.02.2017, Public Notice No 33/2017, dated 3 15.03.2017, and subsequent Public Notices issued by Jawaharlal Nehru Customs House (JNCH) about various aspects / procedures relating to Direct Port Delivery.
2.2. There have been issues about importer claiming to have submitted intimation to shipping lines in the proper form and manner but shipping lines claiming that either intimation not submitted or not submitted in prescribed manner. Although, Public Notice No 16/2017, dated 09.02.2017 among other things also prescribed that copy of said advance intimation should be sent to Customs, concerned CFS / Transporter & Terminal Operator. however, it is noticed that copy of said intimations is not being sent to Customs. A separate dedicated email id [ email@example.com ] has been created for this purpose.
2.3 Accordingly, all DPD Importers /Customs Brokers are advised that said advance intimation should be submitted in the manner as prescribed by Public Notices issued and copy of said advance intimation should also be sent to Customs [email id: firstname.lastname@example.org].
ISSUE 3: Standard Format of said “Advance intimation”;
3.1 There has been grievance from from DPD Importers, BCHAA, other members from trade & industries that there is no uniformity in the format of said “advance intimation” and different shipping lines are insisting an “advance intimation” in different formats. Issue was discussed in the CCFC meeting and it was decided to provide for common format of “advance intimation”, which should be acceptable to all shipping lines.
3.2 Accordingly format of advance intimation as annexed to this Public Noticeis henceforth prescribed as a standard format to be accepted by all shipping lines. If Advance intimation is submitted by Customs Broker, requirements as prescribed by Public Notice No 33/2017, dated 15.03.2017 issued by JNCH need to be complied with.
3.3 It is also being directed that if “advance intimation” is submitted by DPD Importer / Customs Broker in the format as prescribed in this Public Notice and other conditions of the Public Notices are complied with, shipping lies shall accept said “advance intimations” and take further action for indicating stacking code etc. in the IAL filed with the Terminal Operators as prescribed “Public Notice No 33/2017, dated 15.03.2017 provides that 72 Hours advance intimation may be submitted by “Authorised Customs Broker” provided:
i. Duly scanned copy (colour) of “Authorisation by “DPD Importer” in favour of Customs Broker is attached. This Authorisation should contain “Customs Brokers full name & Address, CHA / CB No, Email address of Importer and email address of Customs Broker along with other requisite details as prescribed vide aforesaid Public Notice No 16/2017, dated 09.02.2017. ii. The email address as indicated in aforesaid “Authorisation letter” is used by Customs Broker in sending aforesaid Advance Intimation. iii. Scanned Copy of DPD Permission given by Customs should also be attached. Copy of said advance intimation should also be sent to DPD Importer (email address as indicated in Authorisation) in addition to Customs, concerned CFS / Transporter & Terminal Operator”.
4. Some instances have been brought to notice where shipping lines have, either omitted to or refused to act upon the DPD intimation duly filed 72 hours in advance of the arrival of the vessel and in compliance with all documentary requirements 4 merely on the ground that the Import General Manifest has already been filed. It is once again reiterated and clarified that the filing of the IGM is not a valid ground for rejecting a DPD request as long as the intimation is filed at 72 hours in advance and all requisite documents are submitted.