Amendment in Notification No. S.R.O 450(I)/2001, dated 18.06.2001.
SRO 174(I)/2013Amendments to earlier SROs
SRO 174(I)/2013 is a Customs SRO dated 5 March 2013, listed by FBR as "Amendment in Notification No. S.R.O 450(I)/2001, dated 18.06.2001.".
The text below was extracted automatically from the text layer of the official PDF. Line breaks and table layout may differ from the original, and where FBR scanned the paper and added a machine-read text layer, that layer can contain misread characters. Check the official PDF before relying on any wording or figure.
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Government of Pakistan
(Revenue Division)
Federal Board of Revenue
****
Islamabad, the 5th March, 2013.
NOTIFICATION
(CUSTOMS)
S.R.O.174(I)/2013.- In exercise of the powers conferred by section 219 of the
Customs Act, 1969 (IV of 1969), the Federal Board of Revenue is pleased to direct that the
following further amendments shall be made in the Customs Rules, 2001 notified vide
S.R.O. 450(I)/2001, dated the 18th June, 2001, namely:-
In the aforesaid Rules, in CHAPTER XXI,-
(a) for rule 423, the following shall be substituted, namely:-
“423. Definitions.- (1) In this Chapter, unless there is anything repugnant in
the subject or context,-
(i) “Authority” means the Export Processing Zones Authority established
under the Ordinance;
(ii) “Bonded Carrier” means persons licensed under Chapter-XIV of
these rules;
(iii) “Claimant” means a user who submits a refund claim through
PACCS;
(iv) “Collector of Customs” in relation to any Zone, means the Collector
of Customs, who exercises jurisdiction over such Zone;
(v) “Duty drawback” means repayment of customs-duties as envisaged in
clause (c) of section 21 and sections 37, 39, 40 and 41 of the Act;
(vi) “Export” is as defined in Imports and Exports Controls Act 1950 (Act
XXXIX of 1950), and includes passing into the territory of an Export
Processing Zone duly authorized cargo from the tariff area of
Pakistan;
(vii) “FTN” means Free Tax Number issued by the Board to persons who
are otherwise exempt from holding National Tax Number (NTN) for
the purposes of identification;
(viii) “GD-TP” means Goods Declaration for transshipment filed
electronically by the owner of the goods or his authorized bonded
carrier for transshipment of goods;
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(ix) “Import” is as defined in Imports and Exports Controls Act 1950 (Act
XXXIX of 1950), and includes bringing out authorized cargo from
the territory of an Export Processing Zone into the tariff area of
Pakistan;
(x) “Industrial-undertaking” means an industrial-undertaking as defined
in the Ordinance;
(xi) “Inter Port Movement” means transportation of cargo through
authorized Bonded Carrier from port area to the Off-dock Terminals
and vice versa;
(xii) “INTRA” means the Integrated Regulatory Authorities as envisaged
in rule 527;
(xiii) “Investor” means an investor as defined in the Ordinance;
(xiv) “KICTL” means the Karachi International Container Terminal
Limited;
(xv) “NTN” means National Tax Number issued by the Board;
(xvi) “Off-dock Terminal” means a customs area notified under section 9 ,
10 and 78 of the Act located in the jurisdiction of the Collector of
Customs exercising control over a specified Customs port;
(xvii) “Ordinance” means the Export Processing Zones Authority
Ordinance, 1980 (Ord. IV of 1980);
(xviii) “PACCS user” means any person who possesses unique user
identifier of PACCS;
(xix) “Password” means a password selected against each unique user
identifier by, and only known to, the user;
(xx) “PICTL” means the Pakistan International Container Terminal
Limited;
(xxi) “Port of entry” means the first customs-port or station in Pakistan
where imported goods are landed onto Pakistan„s soil on arrival from
abroad;
(xxii) “Port of exit” means the last customs-port in Pakistan from where the
goods depart for a destination outside Pakistan;
(xxiii) “Pre-pact” means depositing of money in advance by the users in a
common account maintained by the Collector, Model Collectorate of
Customs, in consideration for discharge of their liabilities which may
accrue on account of clearances of cargo through PACCS and the
money so deposited in this account, remains property of the depositor
and can be used to discharge liabilities as aforementioned or may be
withdrawn at will;
(xxiv) “Refund claim” means an online application for claim of refund of the
amount of duties and taxes except income tax filed by a user;
(xxv) “Refund reference number” means a reference number issued by
PACCS confirming the filing of a refund claim;
(xxvi) “Scanner” means scanning machine, installed at the ports or customs
stations, for recording and printing digital images of the containerized
and other cargo;
(xxvii) “Tariff area” means any area in Pakistan outside the limit of a Zone;
(xxviii) “Terminal” means the KICTL, PICTL, QICTL or any other container
terminal where PACCS is operational;
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(xxix) “Terminal Operator (TO)”., means any organization or establishment
engaged in the receipt, discharge, storage, custody, handling, delivery
and loading of import, export, transit and transshipment of
containerized cargo by sea other than off-dock terminals;
(xxx) “Transshipment” means the transfer of transshipment goods to carrier
for transportation from the port of entry to the port or customs station
of destination without payment of duty and taxes as allowed by the
Customs Computerized System;
(xxxi) “Transshipment Goods” means goods brought into Pakistan which are
to be transported from port of entry to other Customs ports or
stations;
(xxxii) “Transshipment Permission” means the auto-authorization, granted by
the selectivity criteria of Customs Computerized System, on the basis
of the GD-TP filed by the owner of the goods or his authorized
bonded carrier, at the port of entry, for transshipment of goods;
(xxxiii) “Transport Note” means the duly prescribed document, containing
sealing information, generated by the CCSU or the customs sealing
staff at port of entry to be carried with the transport unit transporting
transshipment goods or goods for removal to Off-dock terminal;
(xxxiv) “Unique user identifier” means a unique user identifier as may be
allocated to any user under section 155D of the Act;
(xxxv) “User” means any person who is registered under section 155C of the
Act for using PACCS on line;
(xxxvi) “User ID Office” in relation to PACCS, means an office which issues
unique user identifier; and
(xxxvii) “Zone” means such area as is declared by the Federal Government to
be a Zone under the Ordinance.
(2) The words and expressions used, but not defined herein, shall have
the meaning assigned to them in the Act or CHAPTER I of these rules.”;
(b) for sub-chapter VIII, the following shall be substituted, namely:-
“Sub-Chapter VIII
Transshipment under PACCS
485. Scope. - Notwithstanding anything contained in any other rules, the
provisions, as prescribed hereinafter, shall apply to the goods transshipped through
the Customs Computerized System.
486. Electronic connectivity.- Electronic connectivity means accessing and using
the Customs Computerized System through the assigned user identities and
passwords. All relevant provisions of Chapter XVI-A of the Customs Act 1969 (IV
of 1969) shall apply in this regard.
487. Limitations. - (1) Only such goods as have been distinctly manifested for
transshipment shall be allowed transshipment facilities from port of entry.
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(2) Transshipment facilities under sub-rule (1) shall be provided only for the inland
customs-stations exercising jurisdiction at the destination as mentioned in the
manifest.
488. Transshipment procedure for import.- The procedure hereinafter laid
down shall be followed for the transshipment of cargo from the port of entry to the
inland Customs station.
489. Procedure for filing and approval of GD-TP at port of entry.- (1) The
owner of goods or his authorized bonded carrier shall access the Customs
Computerized System through his assigned User ID, for filing online Goods
Declaration for transshipment (GD-TP), at the port of entry against the bill of lading
manifested for transshipment in the IGM. Before the submission of on-line GD-TP,
it shall be ensured that the actual item wise description, PCT code, quantity, quality
and weight of the goods under transshipment is as per declarations in the IGM,
invoice and packing list.
(2) On verifying as per selectivity criteria that the imported goods are distinctly
manifested for transshipment, the system shall authorize transshipment of goods in
line with section 121 of the Act by assigning a unique number to GD-TP.
(3) On allocation of GD-TP number, the bonded carrier authorized by owner of
goods can access the GD-TP, subject to the prescribed selectivity criteria, for feeding
online information related to transport unit i.e. registration number of vehicle, name
and CNIC of the driver thereof, for transportation of the transshipment goods.
(4) If, before or at the time of filing of GD-TP, the owner of the goods or his
authorized clearing agent notices any obvious error, or mistake related to the number
of packages, weight or description of the goods or port of final destination, in the
information manifested, they shall approach Assistant or Deputy Collector MIS at
the port of entry through the shipping line or shipping agent along with all
supporting documents for amendment in the manifested information.
(5) Upon completion of all customs processes based on the pre-determined
selectivity criteria the system shall generate customs release message for the
Terminal Operator, owner of the goods or his authorized bonded carrier and
concerned Assistant or Deputy Collector at the port of entry as well as the port of
destination.
490. LCL cargo to be transshipped in container. - Subject to the provisions of
above rules and prescribed selectivity criteria, in case of LCL or over dimensional
cargo, the following procedure shall be followed:
(a) the System shall assign the GD-TP to Customs Officer who shall inspect
and verify the marks and numbers and number of packages as per
declaration. He shall also verify that the container was empty before
stuffing and record date and time of dispatch of container online in the
system. The stuffed container shall be sealed by the CCSU or authorized
person at the respective focal point as per prescribed procedure;
(b) on submission of inspection or verification report by the Customs officer,
the system shall generate a Customs removal message for bonded carrier
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allowing the removal of container from port area. The information
regarding number of containers along with details of the consignments
stuffed therein and the sealing by CCU or by the authorized person shall
be visible to the authorized bonded carrier;
(c) in exceptional cases, if any problem is faced in stuffing of LCL cargo in
container, the bonded carrier shall approach the concerned Assistant or
Deputy Collector of the port of entry who may allow transshipment of
such goods in loose form subject to additional conditions, sealing
requirements and other safeguards, as he deems appropriate;
(d) bonded carriers shall be authorized to use the empty sea containers of
internationally accepted standardized dimensions and carrying valid
original container numbers, taken from and with consent of respective
shipping lines, to the effect that the containers so used should be on lease
basis at least for a period of one hundred and eighty days for the carriage
of loose transshipment cargo from port of first entry to other customs
stations. The bonded carrier shall obtain prior permission for such
container number from the Assistant or Deputy Collector MIS (Import)
for the use of the empty container in order to avoid manifestation of one
container in different places; and
(e) the following goods, subject to sealing requirements as per procedure,
may be transshipped in loose condition on flat bed trailers, namely:-
(i) heavy packages which cannot be stuffed in the container;
(ii) heavy coils of telephone or electric cables imported by public
sector importer;
(iii) electric or telephone poles;
(iv) boilers and heavy generators;
(v) cranes, bulldozers and vehicles;
(vi) heavy air conditioning plants; and
(vii) cargo of over-dimension.
491. Safe carriage.- The Terminal Operator shall, subject to authorization by the
System, handover the cargo to the authorized carrier for carriage of goods to the port
of destination. Safe carriage by the bonded carrier shall be governed by rule 329.
492. Transshipment of vehicles.- (1) In case of transshipment of vehicles, the
system shall mark the GD-TP to Customs examiner for examination of vehicles.
(2) The Examiner shall examine the vehicles as per laid down procedure and
enter examination report along with digital images of the vehicle in the system. The
examination report must contain the following information in respect of each
vehicle, namely:-
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Description of Fittings Findings
Vehicle
1. Make or Model 1. Air-conditioner, Yes/No
Complete or in 2. Type
CKD condition. Yes/No
3. Chassis No
2. Power steering Yes/No
4. Engine No.
3. Radio Yes/No
5. Capacity
4. Tape Recorder or Yes/No
6. Year of Deck Yes/No
manufacture
5. Heater Yes/No
6. C/Lighter Yes/No
7. Clock Yes/No
8. Seat Belt Yes/No
9. Side Mirror Yes/No
10. Arm Rest Yes/No
11. Head Rest Yes/No
12. Carpet Yes/No
13. F/Mat Yes/No
14. Radial Tyres Yes/No
15. Auto Defogger Yes/No
16. Tinted Glasses Yes/No
17. Suntop Roof
18. Matching Bumper
19. Power Window
20. Any other additional
accessories
21. Any other additional
Information
(3) In case of availability of any or all of the aforesaid fittings, the Examiner
shall score out the “No” and tick (/) the “Yes” sign against such fitting. If any of the
fitting is not available, he shall score out the “Yes” and tick (/) the “No” sign.
493. Goods not permitted for transshipment.- In addition to the provisions
contained in the Import Policy Order, the following goods shall not be allowed
transshipment, namely:-
(a) spirits, as defined in Chapter 22 of the First Schedule to the Act
except imported by diplomatic bonded warehouse and diplomatic
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mission after obtaining import authorization from Ministry of
Commerce;
(b) narcotic drugs and psychotropic substances as defined under the
Control of Narcotics Substances Act, 1997;
(c) explosive, as defined in the Explosives Act, 1884 (IV of 1884); and
(d) arms and ammunition and parts thereof, as defined in the Arms Act,
1878 (XI of 1878).
494. Security seals.- (1) The Terminal Operator shall ensure that before
the cargo is allowed exit from port of entry, security seals have been affixed on all
the containers or the cargo as the case may be by the Customs Container Security
Unit (CCSU) staff or any person so authorized by the Board, who shall be available
at the port on twenty four-hours a day and seven days a week basis and shall seal the
containers as required by the Terminal Operator:
Provided that the over dimension goods, which are imported and landed at
terminal without being stuffed in containers shall be allowed transshipment in loose
condition on flat bed trailers, the photographs whereof shall be taken by customs
authorities before the cargo leaves exit gates of the terminal.
(2) The container required to be sealed under sub-rule (1) shall be sealed with
prescribed security unbreakable seals with progressive serial number by the CCSU
staff or the person authorized in that behalf and in addition a wire seal is used to hold
together the locking bolts of the containers and numbered, adhesive tapes shall be
used on joints where doors of containers close on top and bottoms of the doors and
on the hinges.
(3) The open containers and flat bed trailers shall be covered with tarpaulin in
sound condition and a cable passed through the eyelets so as to secure the goods
where unto the seal shall then be applied to the ends.
(4) On focal points where the computerized sealing system of CCSU is not
operational, the CCSU staff or the person so authorized in that behalf shall issue a
sealing certificate in quadruplicate as provided in Appendix-VI to CHAPTER XIV
of these rules upon sealing each container in accordance with the procedure
prescribed by the Board.
(5) The original copy of the certificate issued under sub-rule (4) shall be retained
by the CCSU or a person authorized by it in that behalf, the duplicate shall be
collected by the Terminal Operator, the triplicate and quadruplicate copies shall be
carried by the driver of the carriage to the destination port.
(6) Upon arrival of cargo at the destination, the CCSU shall inspect the seals at
the focal exit point in the presence of driver of the carriage, prime mover or
representative of the Pakistan Railways, as the case may be, so as to verify the
security of the cargo if the seals are intact.
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(7) In case the CCSU or the person so authorized on its behalf finds that the seal
is broken or tampered with or finds the security of cargo or the container
compromised in any way detrimental to the revenue or safety or have narcotics or
terrorism related concerns, the matter shall be reported to the in-charge CCSU as per
procedure prescribed by the Board as well as the concerned Assistant Collector of
destination port with a copy to the Collector of the port of entry for necessary action,
whereupon, such container shall be de-stuffed or re-stuffed only in the presence of
authorized officer of customs of concerned customs-station.
(8) In case the carriage carrying the cargo meets with an accident or breakdown
that has caused or may cause the security and safety of the bonded goods to be
compromised, it shall immediately be reported to the CCSU for necessary action as
per the SOP and the carrier shall-
(a) bear all expenses incurred on re-stuffing or repacking of bonded goods
including any pilferage or damage caused to it; or
(b) approach the officer of customs in-charge of the nearest customs-station
having territorial jurisdiction for witnessing the shifting of goods in
another transport unit if necessitated and in whose presence the carrier
shall shift the transshipped goods or container in the other transport unit
where against such officer in charge shall issue a certificate to this
effect to be produced by the carrier at the destination and cause the re-
sealing of the container by CCSU or a person so authorized by it in that
behalf.
495. Clearance of goods from port of entry.- (1) Upon feeding of all
information, the Bonded Carrier shall approach Terminal Operator for taking
delivery of the consignment.
(2) The Terminal Operator after physically verifying the antecedents of the
transport unit and its driver shall deliver the goods and send „pre gate-out‟ message
through the System along with the name of the bonded carrier and the vehicle
registration number.
(3) The terminal operator and the bonded carrier shall ensure that goods having
different marks and numbers or packages etc. as indicated in the system or manifest
are not loaded for transshipment. The discrepancy found if any shall be reported to
Assistant or Deputy Collector, MIS (Import) for further action.
(4) After taking delivery of goods from Terminal Operator, the carrier shall bring
the transshipment goods to the CCSU or the Customs Sealing staff for sealing as per
prescribed procedure. The sealing staff shall enter the sealing information directly in
the Customs Computerized System. The sealing staff shall also generate triplicate
copies of “Transport Note”, as specified in (Appendix-I) to this chapter. Each copy
of the Transport Note shall be signed by the Customs Sealing staff and the bonded
carrier; one copy shall be retained by the Sealing staff, second copy shall be handed
over to the driver of the transport unit, who will submit the same to the Gate-in staff
at port of destination and last copy shall be retained by the representative of Bonded
Carrier for his record.
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(5) On completion of feeding of sealing information, the system shall generate
Customs Seal Verification Message (SVM) for terminal operator. The terminal
operator shall record Gate -out event for the transshipment cargo on receipt of
system generated Customs release and seal verification messages. While performing
the „Gate out‟ event, the Terminal Operator shall also enter the weight of the cargo
in the system along with the digital scanned image of weighment slip which shall be
visible to the Gate-in Customs staff of the port of destination. The Terminal Operator
shall also hand over the weighment slip for each container to the Bonded Carrier and
hard copy thereof to the Customs Sealing Staff:
Provided that where Customs staff performs the „gate out‟ operations, the
functions entrusted to the Terminal Operator in the above rule shall be performed by
the Customs „Gate-out‟ staff.
(6) In case the difference in the weight fed by the terminal operator (as per
weighment slip) and that declared by the owner of goods is more than five percent,
the RMS shall mark such consignment for clearance through Customs red channel
mode.
(7) The Carrier shall ensure that goods relating to only one specific customs-
station are loaded on one conveyance.
(8) The containers of such cargo shall be loaded on trucks in such a manner that
their door sides shall be securely placed against the truck driver‟s cabin. Similar
precautions shall be taken, to the possible extent, in case of containers of bonded
cargo transported by Pakistan Railways.
496. Intimation of Transshipment.- On intimation of delivery of transshipment
consignments to authorized bonded carrier by the terminal operator under the above
procedure, the system shall electronically inform the Collectorate exercising
jurisdiction over the inland Customs station regarding the particulars of the departed
consignments.
497. Procedure at customs port or station of destination.- (1) On arrival of
transshipment goods at the customs port or station of destination, Gate-in event shall
be recorded by the terminal operator or Customs staff and de-sealing operation shall
be carried out by the concerned staff of CCSU as per prescribed procedure.
(2) In case of over-dimension cargo, inventory of goods shall be verified jointly
by the CCSU or the Customs Sealing Staff and the Carrier as per prescribed
procedure. In case the over-dimension cargo does not tally with the inventory sheet
of the port of entry, the Customs sealing staff at the port of destination shall generate
a discrepancy report in the system. This information shall be visible to Customs
examination or assessment staff and to concerned Assistant or Deputy Collector at
the port of destination as well as port of entry for further action under the law.
(3) Customs examination of container with broken or tampered seal shall be
conducted in the presence of representatives of bonded carrier and importer who
shall sign the report pertaining to shortage, substitution or damaged goods. The
scanned copy of the signed report along with the images of goods shall be uploaded
in the system by the concerned Customs officer.
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(4) Any amendment in the Gate-in particulars in the Customs Computerized
System arising due to the accident or breakdown of the vehicle shall only be fed in
the System upon approval of the Assistant or Deputy Collector Transshipment at the
port of destination.
(5) On safe landing of containers at the destination Customs port or station, the
importer or their authorized agents are required to follow all Customs formalities
such as filing of GD, assessment etc for clearance of goods as per prescribed
procedure.
498. Time limit for transshipment of goods.- (1) All goods for which
transshipment has been allowed shall reach the customs port or station of destination
within seven days of the date of feeding of the Gate-out event in the system at port of
entry. The system shall block the bonded carrier who failed to deliver the cargo
within the prescribed time limit.
(2) If unavoidable delay occurs in transshipment of any goods, the carrier shall
request the concerned Assistant or Deputy Collector of port of entry for extension in
the prescribed period who may extend the period for a further seven days by
recording reasons in the system. Further extension shall not be allowed without the
prior approval of the concerned Additional Collector. This extension shall, however,
not be allowed on account of scarcity or non-availability of transport unit to a
Carrier.
(3) In case where the Assistant or Deputy Collector MIS (Import) at the port of
entry finds no cogent reasons for delayed transshipment, he shall generate e-notices
through the system for consignments that are delayed beyond the prescribed time
limit requiring the bonded carrier to provide written explanation through the system;
In case the bonded carrier fails to respond or responds in an unsatisfactory manner
within 24 hours of the issuance of the e-notice, the concerned Assistant or Deputy
Collector of the port of entry shall initiate further legal action against the bonded
carrier under intimation to the Assistant or Deputy Collector (Licensing) and
Assistant or Deputy Collector of the port of destination.
(4) No further transshipment shall be allowed to the carrier till online
acknowledgement or receipt of earlier consignment transshipped seven days ago is
received.
499. Cargo arrival report and electronic acknowledgement of transshipment
goods.- The Customs officer at destination Customs port or station shall submit
online the safe arrival report of transshipped containers in the system. The
containers arrival report shall be matched with transshipment messages received
from port of entry and on verification, the system shall generate Customs safe
landing message which will be transmitted to Collector of Customs of entry port for
closure of IGM lines or manifest clearance.
500. Application of risk management system.- All goods under transshipment
to inland destinations or customs-stations shall be subject to the PACCS risk
management system (RMS) and, in any case, where any consignment is deemed
risky by RMS, the Terminal Operator shall be electronically advised to scan the
consignment before handing it over to a bonded carrier, whereupon, the scanned
image shall be transmitted to PACCS accordingly.
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501. Examination of goods under transshipment to inland destination. - The
consignment under transshipment except vehicles shall not subject to examination at
the port of entry, unless-
(a) illicit fire arms or explosive material is detected during scanning;
(b) the goods are not carried to inland customs-station despite lapse of 72
hours of the arrival of the goods; and
(c) there is any specific information or cogent reasons to believe that the
particulars are grossly mis-declared.
502. Violation of rules.- In case any carrier violates these rules or any such
violation is detected during transshipment of cargo from port of entry to the inland
customs-station and vice versa, the carrier shall be liable to pay the duty and taxes as
may be leviable on such goods in addition to any other action as is envisaged in the
Act or the rules made there under:
Provided that no punitive action shall be taken against the carrier without
affording the carrier an opportunity of being heard.
503. Exports from inland customs-stations.- The procedure hereinafter laid
down shall apply to the transshipment of cargo from inland customs-stations to the
terminal.
504. Intimation of export transshipment.- Each consignment of export
transshipment departing towards port of exit shall be intimated to PACCS online by
the Collectorate of Customs exercising jurisdiction over the inland customs-station
soon after the consignment is dispatched from the inland customs-station.
505. Security seals.- Provisions of rule 494 shall, mutatis mutandis, apply to the
transshipment of export cargo from inland customs-stations.
506. Intimation of export transshipment to Terminal Operator.- The PAACS
shall, soon after receiving an intimation of transshipment of cargo from an inland
customs-station, advise the Terminal Operator online passing such intimation
regarding transshipment of cargo.
507. Receipt of export transshipment by the Terminal Operator.- The
Terminal Operator shall, soon after the receipt of export transshipment of cargo from
an inland customs-station pursuant to an advice tendered under rule 506, intimate
receipt of such cargo to PACCS.
508. Acknowledgement, reminder, etc., to inland customs- station.- (1) On
receipt of intimation from the Terminal Operator under rule 507, PACCS shall
acknowledge the receipt of export transshipment of cargo to the Collectorate of
Customs exercising jurisdiction over the inland customs- station electronically.
(2) In case of non-communication relating to transshipment of export cargo or
reminders thereto, non-receipt of such consignments and violations there against, the
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provisions specified in rules 498, 499 and 502 hereinbefore shall, mutatis mutandis,
apply.
509. Risk management system for exports.- No export consignment in
transshipment from inland customs-stations shall be subjected to either risk
management system or examination at the final port of exit, unless-
(a) the seals of the containers upon their arrival at the port of exit are
found to be either missing or broken; or
(b) the container has been damaged en-route; or
(c) the Inland customs-station from where the consignment has
originated, requests the Collector exercising jurisdiction to examine
the consignment on the basis of specific information.
510. Except for the foregoing provisions specified in this Sub-Chapter, the
provisions otherwise specified in rules 326, 327, 328, 329 and 337 excepting the
filing of transshipment application in sub-rule (1) of rule 330 under Chapter XIV
shall, mutatis mutandis, apply.”;
(c) in rule 555, after the word “Operator”, wherever occurring, the brackets and words
“(Off-dock Terminal)” shall be inserted;
(d) in rule 556,-
(i) after the word “Operator”, wherever occurring, the words and brackets “(Off-
dock Terminal)” shall be inserted; and
(ii) in clause (d), in sub-clause (ii),-
(a) after the word “discharge”, the words “ or remove” shall be inserted; and
(b) after the word “vessel”, the words “or premises” shall be inserted; and
(e) after sub-chapter XIV, the following new sub-chapter alongwith Appendix-I shall be
added, namely:-
“Sub-Chapter XV
Inter Port Movement of Cargo to Off-Dock Terminals
556A. Limitations.- (1) Inter-port movement of import cargo destined for Off-
dock terminals shall be allowed through authorized Bonded Carriers licensed by the
Customs authorities under Chapter XIV of these rules.
(2) The cargo mentioned below shall not be allowed removal from port of entry
to Off-dock terminals under these rules.-
(a) transit goods under Chapter XXV of these rules;
(b) the FCL transshipment goods distinctly manifested for inland
Customs stations; and
(c) the goods mentioned under rule 492.
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556B. Procedure for removal of import cargo to Off-dock terminals.- (1) The
consignments which are manifested for removal to Off-dock terminals shall be
visible and accessible to Assistant or Deputy Collector Inter Port Movement (IP),
MIS and Off-dock Terminals of the concerned Model Customs Collectorate on filing
of IGM in PACCS by shipping lines or agents.
(2) After successful manifestation of an Index showing via port as Off-dock
terminal, the system shall generate Customs release message for the Terminal
Operator discharging the container who shall subsequently make it available to the
Customs sealing staff after sending a „pre Gate-out‟ message to Customs
Computerized System along with relevant information including the name of the
bonded carrier and the container number. This message shall also be visible to the
Customs sealing staff.
(3) Thereafter, the bonded carrier shall load that container on authorized vehicle
and report to the Customs sealing staff for sealing of the container. The Customs
sealing staff after verifying that permission for transportation of cargo to the Off-
dock Terminal has been allowed by the system, shall physically verify the particulars
of the bonded carrier and the container number vis-à-vis the information received
through the system, affix the PCCSS seal on the container and feed the sealing
information and the vehicle registration number in the System.
(4) The sealing staff shall also generate and print copies of „Transport Note‟, as
specified in (Appendix-I) to this chapter, from the System, in triplicate. Each copy
of the „Transport Note‟ shall be signed by the Customs sealing staff and the bonded
carrier or his representative. One copy of the „Transport Note‟ shall be retained by
the Customs sealing staff, the second copy shall be handed over to the driver of the
vehicle who shall submit the same to the Gate-in staff at the concerned Off-dock
Terminal and last copy shall be retained by the representative of the bonded carrier
for his record.
(5) A system generated Customs Seal Verification Message (SVM) is
communicated to the Terminal Operator on feeding of PCCSS seal information in
the system. The Terminal Operator shall perform „Gate-out‟ event only after
receiving the Customs seal verification message. The Gate-out message shall be
communicated by the Terminal Operator to the system which shall include the name
of the bonded carrier, vehicle registration number, container number, shipper‟s seal
number; PCCSS seal number and gross weight of the container; The Terminal
Operator shall also hand over the weighment slip to the bonded carrier for record and
onward presentation to the Customs staff posted at the Off-dock Terminal.
(6) The import containers moved out from the exit gate of the port of entry shall
reach at the entry gate of the Off-dock Terminal within twenty four hours. The
system shall block the bonded carrier in case of delayed receipt of cargo beyond the
prescribed time limit.
(7) In cases where the Assistant or Deputy Collector (IP) finds no cogent reason
for delayed receipt of the cargo beyond the prescribed time, he shall recommend
necessary legal action against the concerned bonded carrier to Assistant or Deputy
Collector Licensing.
(8) Flat-bed containers shall be used only for transportation of heavy packages,
heavy coils, electric and telephone poles, heavy generators, boilers and other over-
dimensional goods from port areas to Off-dock Terminals. Such goods shall be
covered with tarpaulin in sound condition and a cable passed through its eyelets so
Page 14
as to secure the goods to the satisfaction of the sealing staff of Customs. The
customs seal shall then be applied to the ends.
556C. Receipt of the departed cargo at Off-Dock Terminal.- (1) On arrival of
consignment at the Off-dock Terminal, the Customs sealing staff posted at the entry
gate shall check the „Transport Note‟ and weighment slip and shall verify the seal of
the container and enter or record the same in the system.
(2) Upon receiving the cargo with seal intact, the Off-dock Terminal shall enter
„Gate-in‟ event in the system and conduct weighment of the cargo and also enter the
same in the system.
(3) In case the Customs seal affixed on a container is found broken or tampered
with, the respective container shall be examined 100% by the Customs staff in the
presence of Off-dock Terminal Operator and a representative of the Bonded Carrier;
an inventory of the goods contained in such containers shall be prepared and signed
by all witnesses. This inventory shall form a part of the Goods Declaration (GD)
filed subsequently for clearance purposes.
(4) In case, there is a difference or variation in gross weight recorded at port of
entry vis-à-vis the weight found at destination Off-dock Terminal, the Assistant or
Deputy Collector IP shall proceeds against the carrier as per relevant law and rules.
On the recommendations of Assistant or Deputy Collector (IP), Assistant or Deputy
Collector MIS shall allow and enter such difference of weight in the manifest after
payment of fine and penalty as per law and rules.
(5) In case no electronic acknowledgment of the receipt of cargo at off-dock
Terminal is received after the lapse of 24 hours of its departure from the exit gates of
the port of entry, the Customs Computerized System shall compile report of all such
containers and generate an alert for the Assistant or Deputy Collector Import, Inter-
Port movement (IP) and MIS of the Model Customs Collectorate having jurisdiction
at port of entry and Off-dock terminal for action.
(6) The feeding of any amendment in Gate-in particulars at Off-dock terminal
arising due to accident or break-down of the vehicle shall be carried out on approval
from the Assistant or Deputy Collector IP.
(7) The Assistant or Deputy Collector IP shall carry out manifest clearance
electronically on daily basis for closure of IGM lines and, if required, proceed
against the concerned Shipping lines or their agents, bonded carriers, Terminals, Off-
dock Terminals and other concerned as per provisions of the Act and these rules.
556D. Responsibilities of the carriers.- (1) Notwithstanding any other action taken
under the law and the procedure under these rules, the Carrier shall bear all expenses
incurred on re-stuffing or re-packing of the goods including the duty and taxes
leviable on goods pilfered or damaged on way to or from the Off-dock Terminal
under this procedure.
(2) The bank guarantee or Defense Saving Certificates submitted by the bonded
carriers at the time of issuance of license under sub-rule (6) of rule 328 shall be
taken into account for recovery of the amount of duties and taxes, fine and penalty, if
any, involved on the cargo during the course of transportation from port of entry to
Off-dock Terminal and vice versa, and in case of any eventuality like damage,
pilferage, theft, fire, accident etc.
Page 15
556E. Violation of rules. - In case of violation of these rules or any such violation
is detected during inter port movement of cargo from port of entry to the Off-dock
terminal, the carrier, the shipping lines or their agent and Off-dock terminal along
with other concerned, shall be jointly and severally responsible for duty and taxes
involved and the value diminished as a result of any damage or pilferage. They shall
be liable to pay the duty and taxes as may be leviable on such goods in addition to
any other action as is authorized under the Act or these rules.
APPENDIX-I
[see rules 495 and 556B (4) ]
TRANSPORT NOTE
IGM No.___________ date ____________Index No.____________Via Port__________
(Information required against cargo destined for Off-dock terminal)
TP-GD No. _________date _________ Destination Customs port or station ____________
(Information required for Transshipment Cargo)
Discharged from Vessel/ IGM No. and Date Index No.
Voyage
Marks and No. Container No. Vehicle No.
Tare Weight of Conveyance Gross Weight Net Weight
Seal number of SHIPPER/ CCSU seal No. Quantity
CONTAINER YARD
Description of Goods Nature of Packing
(Pallets, Packages, Cartons, Cases, Bags, Bales, Sheets,
Pieces)
Name/ Telephone number of the Bonded Carrier
Certified that the details on Certified that the above Certified that the above
this document are correct. mentioned goods have been mentioned goods have been
sealed in my presence. received by Customs on
___________ with seal
intact.
Signature with date and Signature with date and Signature with date and
Stamp of the Bonded Carrier stamp of Customs CCSU Stamp of Customs CCSU
Officer at Port of sealing Officer at Port of destination
or Off-dock terminal.”.
[C.No.10(24)/L&P/2005]
(Muhammad Saleem)
Secretary (Law & Procedure)
Which SROs does the title refer to?
- SRO 450(I)/200125 March 2011Customs Rules 2001 Notified Vide S.r.o.450(I)/2001, Dated 18.06.2001.
Related Customs SROs on amendments to earlier sros
- SRO 239(I)/201322 March 2013Amendment in Notification No. 576(I)/2006 Dated 05.06.2006.
- SRO 185(I)/20138 March 2013Amendment in Notification No. 172(I)/2013 dated 05.03.2013
- SRO 170(I)/20134 March 2013Amendment in Notification No S.R.O 567(I)/2006 dated 05.06.2006
- SRO 164(I)/20131 March 2013Amendment in Notification No S.R.O 565(I)/2006, dated 05.06.2006.
- SRO 131(I)/201321 February 2013Amendment in Notification No 575(I)/2006, dated 05.06.2006
- SRO 120(I)/201319 February 2013Amendment in Notification No. S.R.O. 565(I)/2006, dated 5th June, 2006.