Custom Clearance of Imported Goods

• Introduction
  
• Bill of Entry
• Amendment of Bill of Entry
• Green Channel facility
• Payment of Duty
• Prior Entry for Shipping Bill or Bill of Entry
• Specialized Schemes
• Bill of Entry for Bond/Warehousing

Introduction

All goods imported into India have to pass through the procedure of customs for proper examination, appraisal, assessment and evaluation. This helps the custom authorities to charge the proper tax and also check the goods against the illegal import. Also it is important to note that no import is allowed in India if the importer doesn’t have the IEC number issued by the DFGT. There is no requirement of IEC number if the goods are imported for the personal use.

Bill of Entry 

A Bill of Entry also known as Shipment Bill is a statement of the nature and value of goods to be imported or exported, prepared by the shipper and presented to a customhouse. The importer clearing the goods for domestic consumption has to file bill of entry in four copies; original and duplicate are meant for customs, third copy for the importer and the fourth copy is meant for the bank for making remittances.
If the goods are cleared through the EDI system, no formal Bill of Entry is filed as it is generated in the computer system, but the importer is required to file a cargo declaration having prescribed particulars required for processing of the entry for customs clearance.
In the non-EDI system along with the bill of entry filed by the importer or his representative the following documents are also generally required:-

• Signed invoice
• Packing list
• Bill of Lading or Delivery Order/Airway Bill
• GATT declaration form duly filled in
• Importers/ CHA’s declaration
• License wherever necessary
• Letter of Credit/Bank Draft/wherever necessary
• Insurance document
• Import license
• Industrial License, if required
• Test report in case of chemicals
• Adhoc exemption order
• DEEC Book/DEPB in original
• Catalogue, Technical write up, Literature in case of machineries, spares or chemicals as may be applicable
• Separately split up value of spares, components machineries
• Certificate of Origin, if preferential rate of duty is claimed
• No Commission declaration

Amendment of Bill of Entry

whenever mistakes are noticed after submission of documents, amendments to the bill of entry is carried out with the approval of Deputy/Assistant Commissioner.

Green Channel facility

some major importers have been given the green channel clearance facility. It means clearance of goods is done without routine examination of the goods. They have to make a declaration in the declaration form at the time of filing of bill of entry. The appraisement is done as per normal procedure except that there would be no physical examination of the goods.

Payment of Duty

Import duty may be paid in the designated banks or through TR-6 challans. Different Custom Houses have authorised different banks for payment of duty and is necessary to check the name of the bank and the branch before depositing the duty.

Prior Entry for Shipping Bill or Bill of Entry

For faster clearance of the goods, provision has been made in section 46 of the Act, to allow filing of bill of entry prior to arrival of goods. This bill of entry is valid if vessel/aircraft carrying the goods arrive within 30 days from the date of presentation of bill of entry.

Specialized Schemes

Import of goods under specialized scheme such as DEEC and EOU etc is required to execute bonds with the custom authorities. In case failure of bond, importer is required to pay the duty livable on those goods. The amount of bond would be equal to the amount of duty livable on the imported goods. The bank guarantee is also required along with the bond. However, the amount of bank guarantee depends upon the status of the importer like Super Star Trading House/Trading House etc.

Bill of Entry for Bond/Warehousing

a separate form of bill of entry is used for clearance of goods for warehousing. Assessment of this bill of entry is done in the same manner as the normal bill of entry and then the duty payable is determined.

This Article is written by CMA Samir Biswal. He can be reached at cmasamirbiswal@gmail.com

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