Background:-
1. The undersigned is directed to refer to Circular 42/2018-Customs dated 02nd Nov 201 8, which was issued to facilitate exports of Bangladesh to third countries, via transshipment through India. It provides the detailed procedure of transshipment, in terms of section 54 of the Customs Act, 1962 (hereinafter referred to as the “Act”), from LCS to Port/Aircargo as listed below:
|
S. No. |
From (LCS) |
To (Port / Aircargo) |
|
1. |
LCS Petrapole |
By road to: i) Kolkata Port ii) Aircargo complex, Kolkata iii) Nhava Sheva Port |
| 2. |
i) LCS Petrapole ii) LCS Gede / Ranaghat |
By rail to Nhavasheva Port |
2. Through the aforesaid Circular, transshipment facility was introduced on a pilot basis to gain experience and obtain feedback from industry, so as to frame a facilitative regulation with adequate safeguards. The aforesaid Circular has been extended from time to time, and the last extension was granted till 30th June 2020 vide letter No. 550/02/2018-LC dated Feb 05, 2020.
Clarification:-
CBIC vide Circular No. 29/2020 – Customs dated June 22, 2020, had decided to continue to facilitate the exports of Bangladesh to third countries, via transshipment through India. It provides the detailed procedure of transshipment, in terms of section 54 of the Customs Act, 1962 vide Circular 42/2018-Customs as below:
1. Transshipment of goods from LCS Petrapole to Aircargo complex, Kolkata, shall be continued following the procedure prescribed in the aforesaid Circular until further direction from the Board.
2. Other transshipment movements listed in the above table, shall be continued following the procedure prescribed in the aforesaid Circular, until the Sea Cargo Manifest and Transhipment Regulations, 2018 (hereinafter referred to as “SCMTR 2018”) is fully implemented, upon which the procedure of SCMTR 2018 shall apply.
3. It is clarified that regulation 7 of SCMTR 2018 prescribes a form for the purposes of transshipment and transit of goods from a seaport to a land customs station and vice-versa. Hence, the movement of Bangladesh third country export cargo, from land customs stations to seaports, as specified in the Table at Para 1, shall be guided by SCMTR 2018 from the date of its implementation.
3.1 Further, attention is drawn to regulation 10 of the SCMTR 2018 which mandates the authorized carrier to provide track and trace facility for locating goods brought for transshipment. Regulation 9 of SCMTR 2018 provides for sealing of cargo meant for transshipment by land route. It is clarified that presently the electronic cargo tracking system (ECTS) and ECT S seals are being provided by M/S Transecur Telematics Private Limited (wwww.transecur.com) under ADB’s Pilot Program for monitoring of traffic in transit of Nepal. The authorized carriers have an option to use the same for the transshipment of goods from Bangladesh, in absence of any other facility.
The Circular can be accessed at: https://www.cbic.gov.in/resources//htdocs-cbec/customs/cs-circulars/cs-circulars-2020/Circular-No-29-2020.pdf