Amendments in Customs Rules, 2001 vide SRO 564(I)/2017

• Vide SRO 564(I)/2017 dated 01.07.2017 FBR has made following amendments in the Customs Rules, 2001:-

1. In case of cancellation / suspension of registration of the auctioneer appeal shall lie with the Chief Collector. Previously appeal had to be filed with FBR.
2. Procedure for reassessment of goods for auction has been changed and extent of depreciation has been fixed in such cases. Any further depreciation in the value can be determined by a committee headed by an officer of Additional Collector level or above.
3. Bar on auction of transit goods is removed.
4. Powers to declare goods as ‘frustrated cargo’ has been vested to Additional Collector. Previously Collector was empowered for such declaration.
5. Extent of renewal period of Customs Agents licence has been enhanced to five years from two years.
6. A bar has been placed on Customs Agent to plead before an officer of Customs in respect of a GD wherein he was not agent at the time of filing of GD. However, he may plead in such situations, if accompanied by the importer in person.
7. Time limit for repayment of security deposit by the Custom Agent Licencee, in case of revocation/surrender of licence, has been reduced to three months from six months.
8. For valuation purposes definition of ‘at or about the same time’ will not include the value determined under section 25A of the Act.
9. Time limit for retention of record by the importer is enhanced from three years to five years.
10. Scope of drawal of samples in case of DTRE imports is restricted only to those consignments which are selected for examination through Customs Computerized System.
11. MCC-Appraisement (West) is designated as the licensing authority for bonded carriers. Composition of committee for recommendations is also changed. The committee will now comprise of Collector (Appraisement-West), Collector Preventive (Karachi) and Director I&I-Customs (enforcement) Karcahi. Renewal of licence of bonded carrier shall be in accordance with licensing rules (chapter VIII) and renewal period will be two years.  Rules for initiation of action in case of any violation have also been prescribed.
12. Rule 332 (Transshipment of vehicles) is omitted.
13. Under Rule 424 FBR is no empowered to waive condition of registration of user for clearance of any class of goods through Customs Computerized system.
14. FBR and Chief Collector are authorized to specify goods or class of goods where GD can only be filed through a Customs Agent.
15. Under Rule 434, Additional Collector is empowered to allow cancellation of GD filed through computerized system. Duty and taxes, if any paid against the cancelled GD will be adjusted against subsequent GD filed for clearance of the same goods.
16. Under Rule 475 extent of scanning of containers of transit goods has been reduced to 20% from 100%. Power to grant licence to transport operator is also vested to MCC-Appraisement (West) identical to licensing of bonded carrier. Composition of recommendation committee will also be the same.
17. Under Rule 484-M procedure for auction of confiscated goods is also made applicable on un-cleared transit goods.
18. Rule 492 (Transshipment of vehicles) under PACCS is omitted.
19. Under Rule 556, Terminal Operator / Off-Dock terminal shall be responsible for providing grounding, de-stuffing and examination arrangements within prescribed time. He shall also be responsible to earmark a dedicated area to store un-cleared/abandoned cargo to put up for auction.
20. Licence to transport operators shall also be issued / recommended by the same authority / committee which is empowered to issue licence to bonded carriers.