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Procedure for obtaining Permission for Electronic Sealing of containerized cargo at factory or warehouse premises

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[vc_row][vc_column][vc_column_text]F.No.S/6-Misc-03/2013-14-EXP-FSP-JNCH

PUBLIC NOTICE NO. 147/2017

Attention of the Exporters, Custom Brokers and all concerned are invited to the Board Circular No. 41/2017 dated 30.10.2017 read with Board Circular No. 26/2017 dated 01.07.2016, 36/2017 dated 28.08.2017 and 37/2017 dated 27.09.2017. Attention is also invited to the Board Notification No. 99/2017 Customs (N.T.) dated 27.10.2017 read with Notification No. 82/2017 Customs (N.T.) dated 24.08.2017 pertaining with the jurisdiction of Principal Commissioner/Commissioner of Customs. Vide Notification dated 27.10.2017, Board has extended the date to 1st January, 2018 for revised Jurisdiction to come in force.

2. The present practice of issuance of Self Sealing Permission to Exporters is followed as per Notification No. 19/2004 CX-(N.T.) dated 6th September 2004, Board’s circular No.736/52/2003 CX dated 11.8.2003 and No.860/18/2007 CX dated 22.11.2007. In order to enhance facilitation to the Exporters and to avoid any confusion, it has been decided to issue a single consolidated Public Notice regarding procedure for grant of Self Sealing Permission (SSP) to the Exporters. This Public Notice shall supersede all earlier Public Notices (PN 65/2016 dated 28.04.2016; PN 106/2016 dated 05.08.2016 and PN 86/2017 dated 30.06.2017) issued in this regard by the Jawaharlal Nehru Custom House.

3. (i) Exporters who are having AEO status and already availing the self-sealing procedure will have to submit a self-attested copy of AEO registration and self-sealing permission and follow the RFID e-Sealing procedure. They are also to be registered with EDI Systems through FSP Section of JNCH.

(ii) Exporter who have AEO status but have not been availing self-sealing facility would have to obtain one time permission for availing self-sealing facility by submitting the documents as prescribed in para 4 below (the list of documents are the same as the Exporters who earlier availing Factory Stuffing Permission). After obtaining self-sealing permission they have to register themselves with EDI Systems of JNCH.

4. Exporters who were availing the factory/warehouse stuffing permission under Central Excise supervision would be entitled for self-sealing procedure and would have to follow the RFID e-Sealing procedure and have to register with EDI Systems through FSP Section of JNCH. They are required to submit the following documents.

i. Request letter from Exporter.

ii. Authority letter from Exporter to their representative or from Exporter to CB and CB to their representative.

iii. Self-Certified Copy of Old FSP issued by JNCH.

iv. Self-Certified copy of IEC/PAN/GSTN Registration No.

v. Specimen Signature with photograph of authorized signatories duly attested by Director/Partner/Proprietor.

5. Exporters who procured a self-sealing permission from the other ports/Custom Stations & ICDs and desire to exports from JNPT Port are required to submit a self-attested copy of self-sealing permission which shall be registered with EDI Systems through FSP Cell of JNCH.

6. For new permission for stuffing of Container at factory premises or warehouse (applicable to cases where no permission for factory stuffing/ self-sealing etc. was given earlier) the following procedure shall be adopted:-

i. The Exporter shall inform the details of the premises whether factory or warehouse, or any other place where container stuffing is to be carried out, to the FSP Cell of JNCH.

ii. The exporter should be registered under the GST and should be filing GSTR1 and GSTR2. Where exporter is not GST registrant, he shall bring the export goods to a Container Freight Station/Inland Container Depot for stuffing and sealing of container. However, in certain situations, an exporter may follow the self Sealing procedure even if he is not required to be registered under GST Laws. Such an exception is available to the Status Holders recognized by DGFT under a valid status holder certificate issued in this regards.

iii. Any exporter desirous of availing this procedure shall inform the FSP Cell, JNCH at least 15 days before the first planned movement of a consignment from his/her factory/premises, about the intention to follow self-sealing procedure to export goods from the factory premises or warehouse. Since the reorganization of customs formations has been deferred to 1st January, 2018, for the time being the FSP Cell of JNCH will forward the application to the respective GST authority in whose jurisdiction the premises is located. The GST Superintendent or Inspector shall inspect the premises with regard to viability of stuffing of container in the premises and submit a report through their AC/DC to the Asstt. /Dy. Commissioner of Customs, FSP Cell, JNCH within 48 hours. The FSP Cell shall put the report in this regard to the Asstt./Dy Commissioner of Customs who would grant the permission for self-sealing at the approved premises. Once the permission is granted, the exporter shall furnish only intimation to the respective GST authority each time selfsealing is carried out at the approved premises. The intimation, in this regard shall clearly mention the place and address of the approved premises, description of export goods and whether or not any incentive is being claimed.

iv. Where the visit report of the Superintendent or an Inspector of GST Authority regarding viability of the Stuffing/Premises is not favorable, the exporter shall bring the goods to the Container Freight Station (CFS)/Inland Container Depot/Port for sealing purposes.

7. For the new permissions the following documents are required to be submitted by the Exporter :-

i. Request letter from Exporter.

ii. Authority letter from Exporter to their representative or from Exporter to CB and CB to their representative.

iii. Annexure ‘B’ (as per Public Notice No. 65/2016 dated 28.04.2016)

iv. Self-Certified copy of IEC/PAN/GSTN Registration No.

v. Specimen Signature with photograph of authorized signatories duly attested by Director/Partner/Proprietor.

8. Self-Sealing permission once given by the Asstt./Dy. Commissioner of Customs, FSP Cell, JNCH shall be valid for export at all the Customs stations. However, the Self Sealing Permission granted shall be validated in EDI Systems of respective Customs Ports/ICDs by the exporters.

9. A single SSP will be granted to the Exporter for stuffing at a particular premises; and the Exporter will have to apply separately for each additional stuffing premise, in case SSP is sought for stuffing at multiple premises supervised by authorized persons at each particular premise, respectively.

10. The aforementioned revised procedure detailed in this Public Notice is for Self Sealing Permission only for Electronic Sealing as approved by the Board vide Circular No. 26/2017-Cus dated 01.07.2017, 36/2017-Cus dated 28.08.2017, 37/2017-Cus dated 20.09.2017 and 41/2017-Cus dated 30.10.2017.

11. This Public Notice will be valid up to 31st December 2017.

12. Difficulties faced, if any, in the implementation of this Public Notice may be brought to the notice of the undersigned immediately.[/vc_column_text][/vc_column][/vc_row]

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