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Union of India - Section

Section 5 in The Courier Imports and Exports (Clearance) Regulations, 1998

5. Clearance of import goods.

- In case of import of goods through courier the following procedure shall be followed, namely :
(1)
(a)The on board courier of the [person incharge of aircraft or the authorized agent of Courier Service carrying goods by any other mode of transport] [Substituted words "person incharge of aircraft " by Notification No. G.S.R. 184(E), dated 14.3.2001 (w.e.f. 9.11.1998)] shall file a statement immediately on arrival of the import goods at the [airport by such aircraft or the land custom station by any other mode of transport, as the case may be,] [Substituted words "airport by such aircraft" by Notification No. G.S.R. 184(E), dated 14.3.2001 (w.e.f. 9.11.1998)] with the proper officer in Form [Courier Bill of Entry-I (CBE-I) or Form Courier Bill of Entry-VI (CBE-VI)] [Substituted words "Courier Bill of Entry-I (CBE-I)" by Notification No. G.S.R. 184(E), dated 14.3.2001 (w.e.f. 9.11.1998)] appended to these regulations:
(b)the Authorized Courier shall file a statement with proper officer in respect of such import of goods in Form [Courier Bill of Entry-II (CBE-II) or Form Courier Bill of Entry-VII (CBE-VII), as may be applicable] [Substituted words "Courier Bill of Entry-II (CBE-II)" by Notification No. G.S.R. 184(E), dated 14.3.2001 (w.e.f. 9.11.1998)] appended to these regulations.
(2)
(a)The Courier bags containing the imported goods shall not be dealt with in any manner except as may be directed by the Commissioner of Customs;
(b)no person shall, except with the permission of proper officer open any package of imported goods brought by an on-board courier or the [person incharge of aircraft or the authorized agent of courier service carrying goods by any other mode of transport] [Substituted words "person incharge of aircraft" by Notification No. G.S.R. 184(E), dated 14.3.2001 (w.e.f. 9.11.1998)].
(3)The Authorized Courier shall make entry of goods imported by him by presenting to the proper officer a bill of entry in Form [Courier Bill of Entry-III (CBE-III), Form Courier Bill of Entry-IV (CBE-IV) Form Courier Bill of Entry-V (CBE-V), Form Courier Bill of Entry-VII (CBE-VII), Form Courier Bill of Entry-IX (CBE-IX) or as the case may be in Form Courier Bill of Entry-X (CBE-X)] [Substituted words "Courier Bill of Entry-III (CBE-III), Form Courier Bill of Entry-IV (CBE-IV) or as the case may be in Form Courier Bill of Entry-V (CBE-V)" by Notification No. G.S.R. 184(E), dated 14.3.2001 (w.e.f. 9.11.1998)] appended to these regulations;Provided that the Authorized Courier, or with the concurrence of the Authorized Courier, the consignee or a Customs House Agent on behalf of the consignee, may file a bill of entry in the form prescribed in the Bill of Entry (Forms) Regulations, 1976 for clearance of any of the imported goods;Provided that for the following goods the Entry shall be made in the form prescribed in the Bill of Entry (Forms) Regulations, 1976, namely :-
(i)goods in respect of which an exemption from the levy of duty applicable to hundred per cent export oriented undertakings or to units in a free trade zone as defined under Section 3 of the Central Excise Act, 1944 (1 of 1944), is claimed.
(ii)goods imported under the Export Promotion Capital Goods Scheme or the Duty Entitlement Pass Book Scheme or the Duty Exemption Scheme specified under the Export and Import Policy (1st April, 1977-31st March, 2002) as amended from time to time or any relevant Export and Import Policy issued by Government of India and in force at the time of the import;
(iii)goods imported against any other licence issued under the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992)
(iv)goods imported by or on behalf of a person who is related to the consignor within the meanings of rule 2 of the Customs Valuation (Determination of price of Imported goods) Rules, 1988; and
(v)goods in respect of which the proper officer directs filing of a bill or entry in such form.
(4)The Authorized Courier shall present all the imported goods brought by on board courier or the person Incharge of aircraft to the proper officer for examination and assessment thereof.
(5)[ Any imported goods which are not taken clearance, shall be detained by the customs and shall be disposed of after issuing a notice to the Authorized Courier after the expiry of a period of thirty days of the arrival of the, said goods and the charges payable for storage and handling of such goods shall be payable by the Authorized Courier.] [Substituted by Notification No. G.S.R. 645(E), dated 21.9.1999 (w.e.f. 9.11.1998)]