Government of India
Ministry of Finance
Department of Revenue
(Central Board of Indirect Taxes & Customs)

Circular No. 40/2019-Customs

Dated the 29^th November, 2019

To,
All Principal Chief Commissioner/Chief Commissioner of Customs/ Customs
(Preventive)
All Principal Chief Commissioner/Chief Commissioner of Customs & Central Tax,
All Principal Commissioner/Commissioners of Custom/Customs (Preventive)
All Principal Commissioner/Commissioner of Customs & Central Tax

Sir/ Madam,

Subject: Auto Out of Charge under Express Cargo Clearance System (ECCS) - reg.

Briefly, courier Bills of Entry (CBE) filed for clearance of imported cargo under ECCS are subjected to Risk Management System. The Risk Management Server either facilitates or interdicts a Courier Bill of Entry (CBE). The facilitated CBEs after payment of duty, if any are diverted for X-ray screening before final out of charge.

2. The X-ray screening of goods may either 'clear' the goods or mark them as 'suspicious'. The goods marked 'suspicious' have to undergo examination by the proper officer. However, CBEs in respect of X-ray cleared goods are sent to the Shed Superintendent or Appraiser for Out Of Charge (OOC) order.

3. Express Industry Council of India (EICI) has stated that all Customs procedures including assessment, compulsory compliance requirements, duty payment etc., for a shipment are electronically complete before the facilitated shipment is subjected to Customs X-ray screening; once the shipment is 'cleared' on X-ray screening, there may not be a requirement for a Customs officer to issue an Out of Charge order. Express Industry Council of India (EICI) has requested to introduce 'Auto Out of Charge' for such imported shipments as this will help in mitigating delays in clearance of Express Cargo at the international courier terminals.

4. Directorate General of Systems and Data Management is in technical agreement with the proposal of EICI to implement 'Auto Out of Charge' under ECCS.

5. Over the years, cross-border movement of express cargo has increased significantly which mandates simplification of procedure. It is also observed that sending a CBE after Xray screening to the Shed Superintendent/Appraiser, merely for giving out of charge order, adds an avoidable step in the automated clearance process. Board is of the view that ECCS  should automatically give out of charge to goods covered under facilitated CBE which has been 'cleared' on Customs X-ray screening.

6. In view of the foregoing, Directorate of System & Data Management shall take necessary steps to implement Auto OOC. All Chief Commissioners are requested to issue suitable Public Notice and Standing order, for guidance of the stakeholders and the concerned officers.

7. Difficulty, if any, in implementation of the above directions may be brought to the notice of the Board.

F. No. 450/178/2015-Cus.-IV

Yours faithfully,
(Zubair Riaz)
Director (Customs)