MINUTES OF THE CCFC MEETING HELD ON 02.02.2018
In compliance to CBEC Circular No. 13/2015-Customs, dated 13.04.2015, the meeting of CCFC was held on 02.02.2018 in the New Customs House, New Delhi, under the Chairmanship of Shri Sunil Kumar Sawhney, Chief Commissioner of Customs (DZ).
The meeting was attended by the following:-
S. No. / Name of the Officer (S/Shri/Ms.) / Designation & Department / Phone Number / E-mail-Id1. / S. K. Sinha / Commissioner
ACC (Export) / 25655385 /
2. / Sanjeev Srivastava / Commissioner
ICD-TKD (Export) / 26366658 /
3. / B B Gupta / Commissioner
ICD, PPG / 22233091 /
4. / Rajesh Nandan Srivastava / Commissioner
ICD-TKD (Import) / 26368848 /
5. / V. Sangeeta / Commissioner
ACC (Import) / 25652970 /
6. / Dr. Kavita Bhatnagar / Commissioner (General) / 25655386 /
7. / Manish Kumar / Commissioner
(IGI Airport) / 25652090 /
8. / Vinay K. Singh / Addl. Commissioner, CCCU (DZ) / 25654097 /
9 / Gaurav Dhanda / Deputy Commissioner
(Single Window) / - /
10. / Zamir Ahmed / Asstt. Commissioner, CCCU (DZ) / 25656086 /
11 / Dr. Vijay Kumar / Regional Officer, AQCSS / 9958199310 /
12. / Surinder Singh / DMGR, CELEBI / 8800491095
25601205 /
13. / Tarun Sabharwal / AGM Cargo, DIAL / 47197906,
9810056073 /
14. / Mukesh Hira / Member, DCCAA / 9810891912 / dccaa.dccaa.in
15. / Kuldeep Thakur / Member, DCCAA / 9810130296
25764343 / dccaa.dccaa.in
16. / Dr. Sunita Pandey / Asstt. Director (E)Plant Quarantine / 8826924568 /
17. / Anil Kotnala / Group General, Manager, CONCOR / 99714471705 /
18. / Sumant Kr. Behera / DGM (C&O) TM/TKD CONCOR / 9163390917 /
19 / Balam Giri Goswami / Asstt. Director, Technical, FSSAI / 8375020085 /
20 / Ashwini Jaiswal / Technical Officer, FSSAI / 9565034857 /
21 / Manoj Kumar / TNX VP Continental Carriers c/o EICI / 9810274495 /
At the outset, Shri Sunil Kumar Sawhney, Chief Commissioner of Customs (DZ) welcomed all the participants and initiated the proceedings and informed the participants about the objective and mandate of CCFC and sought the cooperation of all participating Government agencies and other stake holders in meeting the objective of CCFC which is to facilitate the genuine trade in their imports and exports and their ease of doing business.
2.Thereafter the following agenda items of the CCFC meeting were taken up:
A. FOOD SAFETY & STANDARDS AUTHORITY OF INDIA (FSSAI):
Issue 1: A huge number of bills of entry are still being manually forwarded to FSSAI by DC/AC Customs which indicate the improper functioning of SW. As per their office data analysis during the period of 01 Dec. 2017 to 10th January 2018, total 296 bills of entry were referred manually, out of which 142 belongs to food item and 154 relating to Not in Scope have been referred through single window during the aforesaid period.
Response:
The Commissionerate pointed out that the Bills of Entry were/are being referred for FSSAI NOC only after being selected by the single window and as per the practice the shed staff put a remark to this extent on the hard copy of the Bill of Entry. The FSSAI is considering such referrals as manual forwarding. Further from the trade it has come to notice that though the Bills of Entry were/are being reflecting in the Customs system for FSSAI NOC, but the same were/are not reflecting in the FSSAI’s system due to some technical glitch. Though, the FSSAI has made no such remarks on the Bill of Entry and on telephonic discussions has advised to view the NOC status on the FSSAI Login provided to the Commissionerate. Under these circumstances, the FSSAI NOC/NCC status has been fetched from the said FSSAI login and the Shed AC has cleared the Bills of Entry on the system for further out of charge by the concerned officer.
In this connection, the officer from Single Window informed that such Bills of Entry were not reflecting in the FSSAI’s system due to some technical glitch and the matter has since been resolved w.e.f 11th, January, 2018 and this problem is not occurring anymore; that the references received earlier have been sorted out; that Single Window has linkage with many Agencies; that there was protocol updation from SFTP to MFTP/SMTP and corresponding setting was to be done in the FSSAI System for file transfer. Since the FSSAI system was not upgraded, the file transfer could not take place. However, in case, still there is manual reference of Bills of Entry, the matter can be taken up by the FSSAI with the Single Window.
As regards, matter relating to not in scope items being referred to FSSAI, it was informed by the Single Window officer that the same was based on CTH wise list furnished by the FSSAI as well as reference from Risk Management Division (RMD) based on risk parameters. The Single Window ensures that consignments are not selected by agencies routinely for examination and testing but based on the principle of risk management. Further, with the implementation of the single import declaration or the Integrated Declaration, the information required for import clearance by government agencies concerned is integrated at a single entry point, i.e. the ICEGATE. The problem of not in scope items may happen in products of dual use, additive etc. However, the clearance can be given by FSSAI based on system integrated declaration. Further, the list can be reviewed by the FSSAI as to why such items should go to FSSAI at all and delete the same if the goods are not meant for human consumption. It is more frequent in drugs and food items, one such item is calcium carbonate. The Single Window has already taken up this matter with the CEO, FSSAI.
Issue 2: This is with reference to agenda point no.05 of CCFC meeting held on 31/07/2017. Their office has sent letters to all concerned ports for seeking quarterly data of imported food consignment on 30/11/2017 but no positive response has been received from any of the port. However, they have received a reply from ICD-PPG vide letter No. C.No. VIII(6)ICD/PPG/Importshed/Misc/448/2017 dated 12/12/2017 mentioning that they are not able to provide such voluminous data and requested FSSAI to retrieve such data through SWIFT of the CBEC, but this office could not find any data from CBEC website nor any such data isavailable.
Response:
The officer from Single Window informed that there are two kinds of such Bills of Entry, firstly those facilitated through FICS (Food Import Clearance System) of FSSAI and secondly those facilitated by RMS (Risk Management System). In RMS facilitated Bills of Entry, dump data is being sent to FSSAI Hqrs every month. However, FSAAI representative was informed that if any further information/data is needed, their Hqrs may make a reference to Single Window in this regard.
Issue 3: FSSAI has sent letters to Commissioners of all respective ports for verification of facts regarding the cases for which manual referring of BEs had taken 15-20 days time by AC/DC Customs. They have received a reply from ICD-TKD vide letter no. C.No.VIII/ICD/TKD/Imp. Shed/ S.O. Single Window/ 41/2016/ 19976 date 18/10/17 mentioning that any delay for manual referring of BE is: (a) due to its presentation remains in the custody of CHA/importer and there is a new date (called customs registration) apart from BE date which is approx. 10 days later of BE date (b) due to handing over of the BE to FSSAI by CHA/importer. However, the BE which are being referred through SW are coming within 24 hrs. An explanation is needed in this regard. Moreover, even if it is on part of CHA/Importer, there is delay in clearance process. Therefore, Customs needs to improve their internal procedure as this delay is very high.
Reponse:
The Commissionerate informed that the matter has already been looked into. There is no delay on the part of Customs either in referring for NOC or in giving out of charge on receipt of NOC/NCC. Further there is no reference from trade regarding any delay being caused by Customs. In case of RMS Bills of Entry, the matter is referred to FSSAI at the time of filing of Bills of Entry. However, in case of Bills of Entry selected for examination, such Bills of Entry are referred to FSSAI at the time of registration in the Shed. Further, the Bills of Entry are referred to FSSAI manually only in exceptional cases. Hence, the point raised by the FSSAI is not correct.
Issue 4: From November to December 2017 there are 234 bills of entry referred through Single window on FICS, out of which 210 bills of entry have been filed but 24 have not yet been filed. Therefore, it is requested to kindly examine the data regarding 24 bills of entry and provide the status of them. It is also requested that the importer may be directed to apply in FICS.
Response:
The matter has been examined by the Commissionerates. In ACC Import), for the Bills of Entry mentioned at S.No. 1,8,16,23,24 of FSSAI Annexure to the Agenda Point, the CHAs/Importers have been asked to process filing of application. Further, for Bills of Entry at S. No. 2,3,4,7,10,11,16,21, the Bills of Entry have been cleared on submission of relevant annexures as per Para 7 of the standard operating procedure for online import clearance of food items at FSSAI ports. Further, 04 Bills of Entry are of the ICD (TKD), 2 out of which are yet to be registered in the shed and 2 are registered in the shed, however, NOC is awaited from other agency and OOC is yet to be given. Further, only one BE No.4286343 dated 06.12.2017 pertains to ICD, PPG which is still pending with FSSAI.
The Chair desired that at the end of each month, reconciliation can take place between Commissionerates and FSSAI and the FSSAI should take up such matter with the concerned Commissionerate.
Additionally, the General Commissionerate informed that the Single Window System has not been implemented in NCT/ECCS and the Bills of Entry are being forwarded manually to FSSAI at present. It has been suggested that the Single Window System may be implemented at NCT through ECCS. In this connection, Wipro team has been requested by NCT vide email dated 29.01.2018 to implement the Single Window Interface for Trade (SWIFT) in ECCS application. Implementation of SWIFT in ECCS application would reduce interface with Government agencies, dwell time, the cost of doing business and help in increasing economic growth of the country.
B. NATIONAL PLANT QUARANTINE STATION (NPQS):
Issue 1:Two separate rooms are required for their office urgently because both import and export works are being done from the same room and there is shortage of space. Under the circumstances, two rooms are proposed to be provided, one for accommodating officials and another for office function. It is also requested to provide space for fumigation of import consignment as per Plant Quarantine Order,2003 (Import Regulation into India).
Response: The ACC (Import) Commissioneratehas sent request letters dated 25.10.2017 & 25.01.2018 to the custodian in this regard.The CELEBI representative stated that the matter was under consideration.
Issue 2:There is no power back-up. PQIS is a completely online based system and hence uninterrupted power supply is needed to run the office smoothly.Maintenance of electrical appliances is also required to be taken care as well.
Response: The ACC(Import) Commissionerate has sent request letters dated 25.10.2017 & 25.01.2018 to the custodian requesting them to make arrangements on urgent basis. It was informed by the representative of CONCOR that in ICD, TKD back up facility has been provided.
C.DELHI CUSTOMS CLEARING AGENTS ASSOCIATION (DCCAA):
Issue 1:This is a request from the trade that Custodian should raise direct invoice in the name of Importers/Exporters with their GSTN detail by debiting PDA a/c of the Custom Brokers. In this connection, clarification has already been obtained by CELEBI from the concerned GST department.
Response: The ACC (Import) Commissionerate has sent request letters dated 25.10.2017 & 25.01.2018 to the Custodian for necessary action in this regard. The Chair asked the CELEBI representative to abide by law in this regard. It was further observed by the Chair that as such matters are not as per the terms of reference of the CCFC mandate,hence may be taken up in the PTFC meeting or bilaterally with the custodian concerned.
D.ANIMAL QUARANTINE & CERTIFICATION SERVICES(AQCS)
Issue 1:As per Custom Circular 25/2013, the dogs can be re-imported under identification by Customs and health examination by AQCS. However, in order to prevent misuse, the following measures are recommended:
a)Microchipping should be made mandatory by law/public notice.
b)Microchipping should be done by Custom-approved registered veterinary doctor.
c)Passenger should declare in advance to Customs for re-import cases and customs should check and stamp the paper at the time of embarkation along with microchip scanning.
d)On arrival, the dog should be thoroughly scanned and recorded on file and should be referred for AQCS examination by maintaining a file.
e)Customs should purchased hand scanner (may also have body scanner like EU) both at exit and entry points.
f)All clearances should be maintained on file without allowing free passage through Green channel as per Notification No. 1495(E) dated 10.06.2014.
g)There should be regular meetings and co-ordination between Customs and AQCS and the information on doubtful passengers should be shared.
Response: In ACC(Import) Commissionerate pets are being allowed only for TR cases. Certificate from AQCS containing the microchip number is checked before granting clearance.
The IGI Airport Commissionerate informed that the microchippingshould be made mandatory.However, the same has to be done by the AQCS. In re-import cases, CBEC Circular No. 25/2013 dated 01.07.2013 and Public Notice No. 02/Tech./2016 is being followed in which passengers apply online in advance to AQCS. A certificate indicating NOC is generated and the copy of which is also sent to Customs on email.On arrival, the dog is thoroughly checked and all the relevant documents are verified and recorded on file. An undertaking is given by the passenger to produce the dog before AQCS for examination within 24 hours. Further, the purchase of hand held scanners is under process. AQCS officers were also advised to attend the Airport Facilitation Committee meetings.
As regards suggestion of AQCS for making the microchipping mandatory by law, the Chair advised them to approach the Ministry/ CBEC for inclusion in Section 11 of the Customs Act, 1962.
The meeting ended with the vote of thanks to the chair.
-Sd-
(Vinay K. Singh)
Additional Commissioner
CCCU (DZ)
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