OFFICE OF THE COMMISSIONER OF CUSTOMS (EXPORT)

JAWAHARLAL NEHRU CUSTOM HOUSE, NHAVA SHEVA,

TAL. URAN, DIST. RAIGADH, MAHARASHTRA – 400 707.

 

 

F.No.: S/12-Gen-87/09 DBK JNCH                                                            Date:  31.05.2011

 

 

STANDING ORDER NO.    44 /2011

 

 

       Sub: Observance of Drawback Clearance Months from 1st June, 2011 to 31st July, 2011

 

* * * * * * * * *

 

            In pursuance to the directions from the Ministry, this Custom House is observing Drawback Clearance Months from 1st June,2011 to 31st July, 2011 to liquidate the pendency of drawback claims. The pendency position of drawback claims in various queues under EDI System as on 31.05.2011 is as below :

 

 

Current Queue

Description

Total S/Bills

DBK-AC

With DBK AC

  1578

DBK-Supdt.

With DBK Supdts.

12056

Sample

Sample Drawn

    808

Exporter

Queries Raised

  5486

Suspension

Suspended

17794

Brand

Brand Rate fixation

24751

EGM Error

EGM filed with errors

13306

EGM

EGM not filed

11244

Section 74

Deficient documents

    300

 

 

            Following measures are being initiated to liquidate pendency of drawback claims in various categories mentioned above –

 

1.                              Brand Rate Claims

 

            The exporters who have opted for brand rate are not coming forward with the brand rate letters issued by the concerned Central Excise Commissionerates. Under the Drawback Rules an exporter has to apply for brand rate fixation within 60 days of the export. Therefore, the Brand Rate claims which are pending for several years could be either because the exporters have not made applications for Brand Rate fixation or their applications have been rejected by the C.Excise authorities. In this regard the exporters are called upon to submit their Brand Rate letters from concerned Central Excise Commissionerates or intimate this office of the status of their claims on or before 30.06.2011.

 

2.         Claims under Query

 

            A large number of drawback claims are lying under “ Query raised “ from time to time since introduction of the EDI System in 1998. These are technically not pending with the department and as per Rule 13(3) of the Drawback Rules 1995 are supposed to be pending with the exporters for reply. In this connection the exporters and their associations in some instances have contended that the exporters are unable to reply to the queries as these are not communicated to them.

 

            It is to mention that under the EDI system the drawback claims are processed online in paperless manner and queries are raised online. As per Para 18.9 of the Public Notice No.39/97 dated 12.11.97, the status of the Shipping bills and sanction of drawback claim under EDI System has to be ascertained from the service centre. A printout of the query/deficiency has to be obtained from the service centre and the replies to such queries could be entered in the EDI system at the service centre. There is no provision or practice under the EDI or Manual System to suo-motu intimate queries to the exporters through individual official letters. However, to facilitate the exporters in this regard a Drawback Help Desk was created vide Public Notice No. 47/2005 dated 27/09/2005 and vide Public Notice No. 08/2007 and it was requested to make full use of this facility. The exporters can view the status of their shipping bills through website www.icegate.gov.in by hitting option “Tracking at ICES”. This facility can be accessed by anyone, from anywhere, anytime, free of cost. There is a possibility that the cases which are pending for replies to queries for a long time could be owing to the exporters being fictitious/ non traceable or where export proceeds have not been realized.

           

 

             The exporters whose shipping bills are pending for want of replies to the queries raised  have been advised to submit the replies latest by 30.6.2011.  Else, the Shipping Bills will be processed on merit, subject  to production of BRC and the cases where BRC is not produced at zero drawback, without affecting the right of the exporter to claim the drawback amount in future as per provisions of the Customs Act 1962. 

 

 

3.         Samples drawn, EGM not filed and EGM filed with errors.

 

 

            Drawback Section has no control over the samples drawn, EGM not filed and EGM Errors. The exporters are requested to approach the Asstt./ Dy. Commissioner of the concerned CFS from where the goods were exported, with necessary documents for feeding of stuffing reports/ test reports.  Also, they can approach the following officers for rectification of EGM errors and for liquidation of drawback claims pending on account of EGM Errors.

 

 

SL. NO.

NAME OF THE OFFICER

TELEPHONE NO.

1

Shri G.C. Jain, Asstt. Commissioner of Customs

8080284890

2

Shri Abhay Choudhary, Supdt. Of Customs

9892208237

 

 

4.         Suspension. 

 

Shipping Bills are placed under suspension due to alerts from various investigating units like SIIB, CIU, DRI etc. Exporters are requested to submit NOC, if any, from the concerned authorities to this office to expedite their pending claims of drawback.

 

            A large number of Shipping Bills are suspended for want of BRCs .  Exporters are requested to submit their  BRCs without any further delay.   For all BRC related matters,  Shri B.B. Sawhney, Supdt. / BRC can be approached on Tel. No. 27244967.

 

 

5.         Section 74.

 

 

Pendency of claims to be processed under Section 74 has occurred due to non – submission of certain documents.  Parties are advised to submit the deficient documents by 20.06.2011.

 

For the purpose of liquidation of the pendency of drawback claims during the period of Drawback Clearance Months from 1st June, 2011 to 31st July, 2011, a “Special Drawback Cell” with exclusive set of officers as named below, has been set-up to attend to all the related work.  All concerned exporters having pending drawback claims are requested to approach the “Special Drawback Cell” to expeditiously finalize all such claims.

 

 

 

 

Sl.No.

Name of the Officer

Telephone No.

 

 

 

1

Shri M. Suresh Babu, Dy. Commissioner

27244703

2

Shri P.N. Balachandran, Asstt. Commissioner

27244750

3

Shri I.H. T. Kate, Superintendent (P)

27244969

4

Shri R.K. Sinha, Superintendent (P)

27244970

5

Shri Riyaz Ahmed, Superintendent (P)

27244969

6

Ms, Shama P. Kelkar, Preventive Officer

27244969

7

Shri Manish Nandan, Examiner

27244968

8

Shri Abhinav Khanna, Preventive Officer

27244967

9

Shri Ganesh Paunikar, STA

27244968

10

Shri Kamlesh Kumar,  TA

27244968

 

 

  For liquidation of pendency it has been decided to keep Drawback section working on Saturdays.

 

 

6.        All Standing Orders issued in this regard stand modified or aligned with this Standing Order.

 

 

7.      Any difficulty faced in implementing this Standing Order may be brought to the notice of Joint / Dy. Commissioner of Customs, Drawback Section, JNCH or the undersigned, if not resolved.

                                                                                   

 

           

 

                                                                                      ( C.S. PRASAD )

COMMISSIONER OF CUSTOMS (EXPORT)

 

To,

 

All the Concerned.

 

Copy to:-

 

1.  The Chief Commissioner of Customs, Mumbai Zone – II

2.  The Commissioner of Customs (Import), JNCH

3.  All the Addl./Jt. Commissioner of Customs, JNCH