What happens, if cargo not cleared by importer

 

Update 01st April, 2017:

Reduced free period for filing BE and paying Import Duty

Amendment of Sec 46 and Sec 47 of Indian Customs Act

 

The information provided here is part of Export Import Training online

 

What happens, if cargo not cleared by importer.


What is Section 48 of Indian Customs Act.

 

Import container arrived at port of final destination without any notice to consignee. When does importer file Bill of Entry with customs to take delivery of goods? How to handle un cleared import container?

What happens, if cargo not cleared by importer copy

Once goods arrived at port of discharges, the importer has to file Bill of Entry with customs department within 30 days of arrival of goods at port. Bill of Entry is the customs document to be filed for import clearance. If you do not file bill of entry within 30 days of arrival of goods, the custodian of cargo can resell goods after obtaining necessary permission from customs. The importer needs to be given notice by custodian in this regard about any such auction. However, the importer can obtain permission from customs and custodian of cargo to extend the period of auction. The request letter has to be filed within the period of 30 days of arrival of cargo.

 

So, any import container goods arrived at a destination customs location need to be arranged to complete import customs clearance procedures within 30 days of its arrival. A bill of Entry has to be filed along with other necessary import customs clearance documents to take delivery of goods.

 

Some time, consignee/importer may not know the arrival of such container at port of destination. The importer would not have received any Cargo Arrival Notice CAN from shipping carrier. The shipper/exporter also would have either not sent shipping advice or importer/buyer would have not tracked such shipment. As I have mentioned in details about CAN Cargo Arrival Notice in my other article, dispatch of Cargo Arrival Notice is not mandatory my shipping carrier to consignee. So it is the duty of importer to track his import shipment for proper import delivery without delay.

 

I hope, you have satisfied with this article - what happens, if cargo not cleared by importer.  Do you wish to add more information about this article about the import customs clearance procedures under containers arrived without prior notice from shipping carriers/exporters?

 

Write below your experience in handling import containers without proper Cargo Arrival Notice or intimation from shipper/exporter/consignor.

 

Your comments and thoughts on this article - What happens, if cargo not cleared by importer?

 

 

 

The above information is a part of Import Export online Training


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Comments


Sunil Lahu Dalvi: Really it is improving knowledge. Could you please send me updates on my email id ? I am interested to read each chapter, which is really beneficial for me.

rajesh: What is the procedure if an importer did not file Bill of Entry within prescribed time limit and wants the goods to be returned back to the exporter. Waiting for your response

shailesh kotia: Hello! I'm an Manufacturer Exporter, and importing new machinery parts under EPCG, for establish an manufacturer plant as my previous exports is nil, kindly guide as i require to fulfill the bank guarantee for 100% for it will be 0% or other. as i registers as manufacture in SSI PartI/ RCMC. Advice for the bank guarantee calculation on saved duty amt. or the total invoice value. kindly advice here.

Amit: Sir, In case of Import to India, if due to a dispute between Importer-Exporter, the Indian Importer does not release documents from bank and leave the cargo , but IGM has been filed to their name, then shipping line requires NOC of Importer to make amendment in Consignee. Some times in event of dispute, Indian importer does not agree to issue NOC to exporter for consignee amendment ( to harass and negotiate). What can overseas exporter do in such a case? regards

mohan: We had EPCG License which submitted to central excise dept lost by them and our export obligation fulfilled DGFT wants original to be submitted Can we file copy or any letter from central excise will do await your immediate response Pl.

JC: Hi, I had a problem with shipping line that i hope you can provide some advice. Our cargo have receive clearance from custom office, but because of past unsettle demurrage (due to some dispute with custom office), the shipping line refuse to release the document (Shipping Line's Delivery Order)needed for us to claim the cargo. It's been over 2 months now. So when the dispute is cleared, our company settle the "past unsettle" demurrage. The problem is, the shipping line also insist that we have to pay the demurrage fee for the container that they refuse to release the Delivery Order. Are they (the shipping line) really have the right to do that? please provide any regulation background if possible. Any help will be appreciated. Thanks.

Carol Mathews : I am carol mathews from Cochin, been to international logistics industry for over a decade. I have a doubt regarding customs confiscated goods, cochin customs have confiscated some material had its been kept in a cfs. the reason behind the confiscation is that the material was valued lower in order to get duty reduction. fine and penalty was imposed on the cnee but the cnee after filing the BE didnt turn up to get the goods. the goods are with the CFS now customs are preparing for the auction. They say that the dept directly will do the auction without involving the CFS. thats fine, but will the cfs stand any chance to get some remuneration since they were the custodian and kept the goods for long.

Suhel goriawala: Goods imported into thailand from cambodia..form D issuance from cambodia is inadequate for thai customs...zero percent if proper form d stipulations...20 percent duty for normal imports...how to resolve the impasse ?

Ravi: If for some goods bill of entry is filled and due to late arrival another bill of entry is filled and shipment is realeased with proper ways ....the bill of entry filled before is left unpaid wat happen in that case

D SATISH KUMAR: Dear all Let me tell you one thing. The Shipping liners/agents cannot just simply provide boxes for EXIM and escape from the laws. The Shipping line is responsible for the clearance of the import cargo and the law provides penalisation for goods not cleared by the importer. Under the importation regulations, the Shipping lines must ensure that the cargo they are carrying for any consignee into India be cleared within the time frame provided under the Customs Act,1961. Regards D Satish Kumar 9731643001

Mustaq ahamad jusgard: What should be done if the exporter donot send the original documents to the importer but send the original document to the other one fraudently and scanned documents to the legitimate importers by which actual importer donot get the cargo and cheated fraudently.

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