Public Notice 23-2010 for Factory Stuffing

OFFICE OF THE COM MISSIONER OF CUSTOMS (EXPORT)JAWAHARLAL NEHRU CUSTOM HOUSE, NHAVA SHEVA

TAL-URAN, DIST- RAIGAD, MAHARASHTRA- 400 707. F.No. S/6-misc-02/07 Exp Date:01/07/2010

PUBLIC NOTICE NO. 60 /2010 Attention of the Exporters, CHAs and the Public is invited to the Public Notice No.23/2010dated 26.2.2010 issued by this Customs House whereby the procedure for grant of Factory StuffingPermission is outlined. However, it is observed that :

1) Exporters are submitting No Objection Certificate and Verification report from JurisdictionalCentral Excise Office containing signature of Superintendent of Central Excise.

2) Central Excise Department is finding it difficult to issue Verification Report in respect ofMerchant Exporter in the absence of such directions in Public Notice no.23/2010 dated26.2.10.

3) Point No.9 of Condition as stated in Annexure B (LoFSP) stating issuance of provisional LoFSPtill receipt of verification report within 30 days, needs to be suitably amended in Annexue B ofPublic Notice No. 23./10 dated 23.2.10 since Central Excise in many cases insists for issuanceof final LoFSP on receipt of Verification Report.

In view of the above observations and difficulties, the following amendment to Public NoticeNo.23/2010 dated 26.2.10 is hereby approved and all Exporters, CHAs and all concerned arerequested to take note of the same. 1) The required NOC from jurisdictional Central Excise Office showing willingness to depute

officer for the work of supervision of stuffing and Verification Report regarding genuinessand existence of Unit and Exporter must be submitted under the signature of Asstt.Commr/Dy.Commisioner or above.

2) In case of Merchant Exporter, verification report from the jurisdiction Central Excise Officeinforming the existence of Registered Office address, is must.

3) On receipt of verification report and on acceptance of the same by DC/AC, endorsementby Superintendent/FSP Cell regarding the same will be made on the Original LoFSP.

( S SOLANKI ) COMMISSIONER OF CUSTOMS EXPORT/JNCH Copy to :

1) The Chief Commissioner of Customs, Mumbai Zone II2) The Commissioner of Customs (Import), JNCH3) All Commissioners of C. Ex. And Customs4) Al the Addl./Jt. Commissioner of Customs, JNCH5) The Bombay Custom House Agents Association6) Notice Board 7) Website Manager

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jawaharcustoms.gov.in/…/PN-60-10.htm 1/1

OFFICE OF THE COMMISSIONER OF CUSTOMS (EXPORT),JAWAHARLAL NEHRU CUSTOM HOUSE, SHEVA,

DIST – RAIGAD, MAHARASHTA

F.NO. S/6-Misc-02/2007-FSP-JNCH

PUBLIC NOTICE NO. 23 /2010

DATED 26/02/10 SUB: Procedure to be followed for granting of Letter of Factory Stuffing Permission ( LoFSP) to manufacturer-exporters, merchant-exporters and onetime/firsttime exporters and seasonal exporters on prior –verification basis –reg Attention of the Exporters, CHAs and the Public is invited to the Public Notice No 57/2001 dated03.09.2001, 70/2001 dated 21.11.2001, 52/2008 dated 01.07.2008 and 61/2009 dated 04.092009 issued by this Customs House whereby the processing of Factory Stuffing Applications/requestsreceived from the Exporting Communities are regulated. However, the procedures of the said PublicNotices call for a revisit in the context of number of frauds detected involving the misuse of theFactory Stuffing Permissions. The procedure of granting of Factory Stuffing Permission on post-verification basis has also failed to fulfill the objectives sought for. It was also noticed that theverification reports regarding the genuineness of the premises where export goods were sought forstuffing in number of cases were pending for long which necessitated the cancellation of FactoryStuffing Permission granted to such exporters. It is also a fact that many a times the central excisefield formations do not have adequate manpower to offer their services to the supervision of exportstuffing at the factory premises of the exporters. Thus, being informed about the host of factorsdiscussed above, it has been decided to make the changes in the procedure for grant of factorystuffing permission as outlined below. 2. The FSP Cell, herein after will issue Letter of Factory Stuffing Permission (LoFSP) in the formatas annexed to this Public Notice (Annexure ‘A’) to the categories of exporters mentioned belowsubject to the requirements detailed therein and thereof. 3. In terms of Board’s Circular No 860/18/2007-CX dated 22.11.2007 self- sealing of export ofgoods has been made mandatory for the manufacturer - exporters (whether status holder or not)who export such goods under free shipping bills. Therefore, LoFSP will not be granted to themanufacturer-exporters exporting goods under free shipping bills. However, they can opt for factorystuffing of export goods under export incentive schemes and permission will be given scheme-wise. 4. In case of non-status holder manufacturer exporters operating under any of export incentiveschemes i.e in case of exports other than under free shipping bills, the LoFSP will be granted only onreceipt of prior verification report regarding the genuiness of the existence and functioning of theunits and the No objection Certificate from the concerned jurisdictional Central Excise Authoritiesregarding deputing of officers for supervising the export stuffing The genuineness of the IEC will alsobe confirmed from DGFT before issue of LoFSP. 5. Similarly, in case of non -status holders merchant exporter the LoFSP will be granted only onreceipt of prior verification report regarding the genuineness of the existence and functioning of theunits and No objection Certificate from the concerned jurisdictional Central Excise Authoritiesregarding deputing of officers for supervising the export stuffing. The genuineness of the IEC of theexporter will also be confirmed from DGFT website before issue of LoFSP. 6. In case of status- holder merchant and manufacturer exporters, the LoFSP will be granted

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provisionally which will be valid for 30 days and within such period the verification reports i.e NOC from the concerned jurisdictional Central Excise Authorities regarding deputing of officers forsupervising the export stuffing and verification report regarding the genuineness of the existence andfunctioning of the unit shall be submitted by them failing which the permission will stand automaticallycancelled. 7. In case of first time exporters the factory stuffing permission from JNCH will be granted onlyafter verifying the genuiness of their existence (IEC from DGFT) and warehouse/factory premisesfrom Central Excise Authorities and subject to their complying with the provisions of Public Notice no.58/2009 dated 28.08.2009. 8. Exporters also seek ONE Day permission and request for stuffing of containers at TurbheRailway Station / Grain Yard at Sewri Station and private warehouses at APMC Market Vashi on MOTbasis. Since the goods are bulky in nature (sugar, vegetable oil etc.) they need to be stuffed intothe containers directly from the Railway wagons at the Railway yard itself. However, the LoFSP willbe granted in these cases on their compliance of the P.N.No 58/2009 dated 28.08.2009 and onverification of IEC from DGFT website.

9. Though the LoFSP granted to manufacturer -exporters and others is one time permission innature, their track record will be monitored and reviewed periodically i.e after a period of every sixmonths. The LoFSP will be cancelled forthwith in cases where the verification report is adverse, notreceived within the stipulated period and / or the exporters are facing any proceedings underCustoms, Excise, Service Tax or any other allied Acts. 10. All the exporters who seek LoFSP shall submit their request in the prescribed application form(as in Annexure-B) along with the following documents to the FACTORY STUFFING CELL, of thisCustoms House:- i) NOC issued by Central Excise Authorities for deputing officers for Supervising the factory stuffing of export cargo

ii) Original copy of the verification report of the genuineness of the existence and functioning of the factory and all other details sought for in Annexure- B issued by Central Excise addressed to the DC, FSP CELL, (in sealed Cover). iii) Copy of the IEC issued by DGFT.iv) e-mail address of the unit and the telephone number of the GM/CEO of the unit.v) Other documents as in P.N. No. 57/2001 dated 03.09.2001 & 58/2009

Dated 28.08.2009 as applicable. 11. The FSP CELL upon receipt of the application along with the said documents will cross checkthe genuineness of the details furnished in the sealed cover with the soft copy of the verificationreport received from the offic ial e-mail address of the jurisdictional AC/DC Central Excise and also the genuineness of the IEC from DGFT website. The LoFSP shall within TWO DAYS be granted to theexporter. 12. The Exporters clearing goods under the Factory stuffed Permission shall invariably produce atthe time of goods registration a copy of the LoFSP duly attested by the Jurisdictional Central Exciseofficer along with the ARE-1 and other documents. The goods registering Officers posted in theExport Shed/CFS will cross check the validity of factory stuffing in the EDI system. 13. The Central Excise officer who supervised the examination and stuffing of the cargo in theappointed premises as per the LoFSP shall mention his office contact Number and put his stamp ofname and designation in the examination report/ARE-1 and other documents. Similarly, the contactnumber, name, designation of the authorized signatory of the exporter also will be legibly indicatedbelow his signature in the ARE-1 that accompanies the export goods.



14. The profile of exporters and their existence is a dynamic phenomenon. Hence, it becomesnecessary to verify as to whether the exporters who had availed Factory Stuffing Permission ,though, positive verification report was received in respect of them, are still active exporters andfunctional. Many who availed the permission might have gone out of the trade/business. However,there is no record at present in this Custom House regarding the status of the permissions grantedto them since the permission is ‘one time’ in nature. Therefore, to prevent any possible misuse of thepermission of such dysfunctional or defunct exporters by unscrupulous exporters, it has beendecided to call for the permissions so issued prior to 2007 to all exporters and revalidate them.Hence, the concerned exporters are hereby required to approach this office with the originalpermission within a period of 30 days from the date of issue of this Public Notice. 15. Any difficulty experienced in the implementation of this Public Notice may be brought to thenotice of the undersigned immediately.

(B. K. SINHA)COMMISSIONER OF CUSTOMS (EXPORT)

To,All the ConcernedCopy to :-1.The Chief Commissioner of Customs, Mumbai Zone – II2.The Commissioner of Customs (Import),JNCH3.All the Addl./Jt. Commissioner of Customs, JNCH4.The Bombay Custom House Agents Association.



ANNEXURE –A

OFFICE OF THE COM MISSIONER OF CUSTOMS (EXPORT)

JAWHARLAL NEHRU CUSTOM HOUSE, NHAVA SHEVA TAL-URAN, DIST- RAIGAD, MAHARASHTRA- 400 707.

LETTER of FACTORY STUFFING PERMISSION (LoFSP)(Under The Authority of PN NO 57/2001)

This Letter of Factory Stuffing Permission( LoFSP) is hereby granted to M/s--------------------------------------------------------- having their factory / supporting manufacturer address at ------------------------------------------------------- and bearing the IEC.No----------------------------& the Central Excise Registration No--------------------------------------- issued by theDivision--------- Range ----------- of the Commissionerate------ of --------------- on the basis of the application of the Unit received in this office on …………. for the scheduled goods in the premisesspecified herein.2. This LoFSP is limited and valid only to the goods that are mentioned herein and not to any othergoods and subject to the fulfillment of the conditions herein prescribed. LoFSP No.------------------------------------------

(RAJU SAKTHIVEL)

JOINT COMMISSIONER OF CUSTOMS NHAVA SHEVA.

SCHEDULE OF GOODS PERMITTED FOR FACTORY STUFFING(Additional Sheet may be enclosed where ever required)

Sr.No. Description of export goods R.I.T.C. Factory Address of stuffing

CONDITIONS

1. This LoFSP is valid for the premises and purposes specified in the application.2. This LoFSP is not transferable.3. This LoFSP is not valid in case the goods are not as specified in the schedule attached to this

permission.4. No correction/changes/amendment in the LoFSP will be valid unless the request for any

correction/change/amendment is applied for and approved by the competent authority.5. This LoFSP shall remain valid till the permission-holder carries on the activity for which it has been

issued or surrenders it or till it is revoked/suspended by the competent authority.6. The grant of this permission shall be without prejudice to any other action that may be taken by

such other agencies over the premises or purpose to which such agencies may require to enforcesuch laws to be complied by the Unit.

7. The Unit shall provide necessary assistance & co-operation as may be required by the Central



Excise authorities for carrying out the examination norms laid down in this permission.8. This LoFSP is valid for Manufacturer- Exporters for only exports other than under free shipping

bills as per Board’s Circular No 860/18/2007-CX dated 22.11.2007.

EXAMINATION ORDER(AS MAY BE APPLICABLE)

Verify particulars as per Invoice and Packing List; Inspect Container No. (As declared on Invoice) ;Verify empty container, Inspect Lot, Check Marks and Numbers; Examine 10% after selection, Check description, classification, Quantity, Weight, Value and quality, specification, Technicalcharacteristic, grade size, weight, thickness, items Nos., Part Nos., Make Model, Composition etc., ofthe input; Draw representative sample in duplicate and forward the same duly sealed; Ensure onetime tamper proof bottle sealing in terms of the Board’s Circular No. 1/2006 dtd. 02.01.2006 (F.No.450/86/2005-Cus-IV) ; Verify ISPMNO15compliance; eligibility of and correctness of schemeincentive claimed ; verify and ensure that the goods being exported / stuffed are notpart/components of arm/ammunition and do not contain any prohibited items.

INSTRUCTIONS TO THE FACTORY STUFFING SUPERVISING OFFICERS OFCENTRAL EXCISE

i) Package numbers opened and examined by the officers must be recorded in the examinationreport.ii) Net weight/quantity of the goods and their classification under Customs Tariff and CentralExcise Tariff separately, actually ascertained by the examining officers must be recorded in theexamination report.iii) Invoice and packing list should also be authenticated by way of signature by the officers onthe obverse of such documents.iv) Please ensure that there is no prohibition/restriction on export of goods either by DGFT orCBEC or any other Department as on the date of stuffing. This permission does not confer any rightto export any restricted or prohibited goods without complying with the relevant conditions, imposedunder any Notification/Export Policy/Rules/Law.v) In case exporter is covered by categories stipulated P.N No 22/96 dated 01.02.96 of MumbaiCustoms House, Central Excise Certified copy of the exporters in house test/analysis report must beenclosed with examination report. Representative sealed sample in duplicate must however beforwarded to A/C Export, invariably for future reference/record.vi) Any discrepancy sought to be brought to the notice of Customs Authorities must be mentionedboldly in Red Ink/Typing.vii) Please contact at Phone No. 27241253 for any clarification. This permission is valid only forthe aforementioned SCHEME & Description of goods. This letter No. and date must be cited inexamination report.viii) The Pre – Shipment Inspection Certificate issued by the Export Inspection Agency under theExport (Quality Control & Inspection) Act, 1963, if applicable, is to be verified.ix) Whenever the goods are exported under Advance License/DEEC scheme, Chartered Engineer’sCertificate is to be verified to the effect that the goods under Exports are manufactured out ofexempt materials as per SION norms.x) This permission may be revoked any time by this office if anything adverse against theexporter/supporting manufacturer is brought to the notice of this office.xi) The contact number of the examining officer may also be mentioned in the export report for



clarification if any.xii) PHO/PQ certificate or any other certificate as applicable shall be produced at the time ofexamination / stuffing of goods.xiii) In case of consignments exceeding Rs. 25 Lakhs and all consignments of sensitive commoditiesestablished to be prone to malpractices, examination, stuffing and sealing of the container should becarried out under the supervision of AC/DC. xiv) Please compulsorily verify as to whether the raw or solid wood packaging material(SWPM)used for packing of the export goods are treated and marked as per the provisions ofInternational Standards for Phytosanitary Measures( i.e ISPM No. 15) or the export goods areaccompanied by a Phytosanitary Certificate issued by agencies accredited or certified by Department of Agriculture and Cooperation(DAC) .( see http://agricoop.nic.in). In case of non-compliance, the matter may be referred to the Plant Quarantine authorities for proper treatmentof export goods before their release as required under Board’s Circular No. 14/2009-Cus dated06.05.09 under intimation to this office.xv)Report to the JC/ADC (FSP) immediately any discrepancies noticed in respect of theexport goods permitted under this instrument to this office for initiating necessaryaction.

( RAJU SAKTHIVEL ) JOINT COMMISSIONER OF CUSTOMS,

FSP CELL



http://agricoop.nic.in)

ANNEXURE –B

APPLICATION FORM FOR OBTAINING LETTER OF FACTORY STUFFING PERMISSION. (LOFSP)

1.IEC Detailsi. IEC Numberii. Date of issueiii. Issuing Authority

2. Applicant Firm Detailsi. Nameii. Address(Registered Office in case of Companies andHead Office in case of Others)iii. Address of Factory where goods are manufactured iv. Telephone Nos.v. Email address (for correspondence with JNCH)

3. Details of Proprietor/ Partners/ Directors of the applicant firmi. Nameii. Father’s Nameiii. Residential Addressiv. Telephone

4. Nature of Concern(please tick)

i. Government Undertaking ii. Public Limited Company iii. Private Limited Company iv. Proprietorship v. Partnership vi. Others

5. Type of Exporter (please



tick)i. Merchant Exporter ii. Manufacturer Exporter iii. Merchant cummanufacturer Exporter

iv. Other (please specify) 6. Industrial Registration Detailsi. SSP/IEM/LOl or IL Registration Numberii. Date of issueiii. Issuing Authorityiv. Products for which registered

7. RCMC Detailsi. RCMC Numberii. Date of issueiii. Issuing Authorityiv. Valid uptov. Products for which registered

8. Status House Detailsi. One/Two/Three/Four/Five Starii. Certificate Numberiii. Date of Issueiv. Issuing Authorityv. Validity Date

9. PAN and Bank Detailsi. Pan Numberii. Issuing Authorityiii. Name of the Bankiv. Account No.v. Type of Account

10. Excise Detailsi. Excise Registration Numberii. Issuing Authorityiii. Range & Address (Phone Number)iv. Division & Address (Phone Number)v. Commissionerate & Address. (Phone Number)

11. VAT Detailsi. VAT Registration Numberii. Issuing Authority

12. Turnover Details for the preceding three licensing years



FY Annual Domestic Turnover (Rs.

Lakhs)Annual Export Turnover ( Rs. Lakhs)

( enclose copies of Balance sheets is for three years) 13. Factory Stuffing Premises Detailsi. Nameii. Address( including Survey No )iii. Storage / handing capacityiv. Facilities in the premises( Attach a separate sheet)v. Telephone No of CEO/GMvi. email addressvii. Details of directs of the stuffing premises

14. Details of goods for which permission is soughti. Nature and description of export goodsii. Scheme of export iii. RITC Code Nos. (Attach a separate sheet, if required) iv. Nature of packing material used in the export of goods

15. CHA detailsi. Name of the CHAii. Address iii CHA Licence No.iii. Name of the Directors / CEO’siv. Telephone Numbers of Directors / CEO’s /G.M.v. email address of CHA

16. Please provide details of proceedings initiated under Customs / Excise / Service Tax , if any forpast three years. Place Signature of theApplicant Date Name

Designation Official Address

Residential Address Email Address

Telephone No. Mobile No.



DECLARATION / UNDERTAKING

1. I / We hereby declare that the particulars and the statements made in this application aretrue and correct t the best of my / our knowledge and belief and nothing has beenconcealed or withheld therefrom.

2. I / We fully understand that any information furnished in the application if found incorrector false will render me / us liable for any penal action or other consequences as may beprescribed in law or otherwise warranted.

3. I / We hereby certify that the firm / Company for whom the application has been madehas not been penalized under Customs Act/Allied Acts.

4. I hereby certify that I am authorized to verify and sign this declaration in terms of Powerof Attorney vested in me by the Firm / company.

Place Signature of theApplicant Date Name

Designation Official Address

Residential Address Email Address

Telephone No. Mobile No.





Documents

Public Notice 23-2010 for Factory Stuffing