Regulation 5. Clearance of import goods

Official text

Regulation

5. Clearance of import goods. — In case of import of goods through courier, the following procedure shall be followed, namely:-

(1)(a) The on-board courier, Authorised Courier or the Person incharge of aircraft or the authorised agent of courier service carrying goods by any other mode of transport shall file a statement, immediately on arrival of the import goods at the airport by such aircraft or the land customs station by any other mode of transport, as the case may be with the proper officer in Form 4 Courier Bill ofEntry-1 (CBE-1) or Form Courier Bill of Entry-VI (CBE-VI), as may be applicable appended to these regulations;

(b)The Authorised Courier shall file a statement with the proper officer in respect of such import of goods in Form 5 Courier Bill of Entry-II(CBE-IJ) or Form Courier Bill of Entry-VII (CBE-VII) as may be applicable appended to these regulations.

(2)(a) The Courier bags containing the imported goods shall not be dealt with in any manner except as may be directed by the Principal Commissioner of Customs or Commissioner of Customs, as the case maybe;

(b)No person shall, except with the permission of proper officer, open any packages of imported goods brought by an on-board courier or the person incharge of aircraft or the authorised agent of courierservice carrying goods by any other mode of transport (3)The Authorised Courier or his agent who has passed the examination referred to in regulation 8 or regulation 19 of the Customs House Agents Licensing Regulations, 2004 shall make entry of goods imported by him by presenting to the proper officer a bill of entry in Form 9 Courier Bill of Entry-III (CBE-III), Form Courier Bill of Entry-IV (CBE-IV), Form Courier Bill of Entry-V (CBE-V), Form Courier Bill of Entry VIII (CBE-VIII),Form Courier Bill of Entry-IX (CBE-IX) or as the case may be in Form Courier Bill of Entry-X (CBE-X) appended to these regulations:

Provided that the Authorised Courier, or his agent who has passed the examination referred to in regulation 8 or regulation 19 of the Customs House Agents Licensing Regulations, 2004 or, the consignee or a Customs House Agenton behalf of the consignee, may file a bill of entry in the form prescribed inthe Bill of Entry (Forms) Regulations, 1976 for clearance of any of the imported goods:

Provided further that for the following goods, the entry shall be made in the form prescribed in the Bill of Entry (Forms) Regulations, 1976, namely:- i)goods in respect of which an exemption from the levy of duty applicable to Hundred per cent Export Oriented Undertakings or to units in a Free Trade Zone, as defined under Section 3 of the Central Excise Act, 1944 (1 of 1944), is claimed;

(ii)goods imported under the Export Promotion Capital Goods Scheme or the Duty Entitlement Pass Book Scheme or the Duty Exemption Scheme specified under the Export and Import Policy (1st April, 1997- 31st March,2002) as amended from time to time or any relevant Export and Import Policy issued by Government of India and in force at the time of the import;

(iii)goods imported against any other licence issued under the Foreign Trade(Development and Regulation) Act, 1992 (22 of 1992);

(iv)goods imported by or on behalf of a person who is related to the consign or within the meaning of Rule 2 of the Customs Valuation (Determination of Price of Imported Goods) Rules, 1988;

(v)goods in respect of which the proper officer directs filing of a bill of entry in such form; and 11 (vi)goods having a declared value of more than one lakh rupees.

(4)The Authorised Courier shall present all the imported goods brought by on-board courier or the person in charge of aircraft or the authorised agent of courier service carrying goods by any other mode of transport to the proper officer for examination and assessment thereof.

(5)Subject to the provisions of sub-regulation (6), any imported goods which are not taken clearance after the expiry of a period of thirty days of its arrival, shall be detained by proper officer and shall be sold or disposed of by the person having custody thereof, after issuing a notice to the authorised courier and to the declared importer, and the charges payable for storage and holding of such goods shall be payable by the authorised courier..

(6)The authorised courier may request the Customs for re-export or return of the imported goods to the sender, that remain uncleared after fifteen days from the date of its arrival:

Provided that such goods are not prohibited or restricted under the Act or any other law for the time being in force and no proceedings have been initiated in respect thereof by any enforcement agency.