Bonded warehouse

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

06 April 2012 Dear Sir,

We are an exporter and Importer. We wish to import some goods in Dollar and wand to keep them in Bonded Warehouse. Then we will re-export it in Rupee terms. I wish to know that this is permitted by Indian Laws or not?
And What documents are need for it?
Awaiting your reply.

C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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07 April 2012 Bonded warehouses are warehouses in which dutiable goods may be stored without paying the duties on such goods. For importers, there are a number of advantages to using bonded warehouses which make them a popular storage option in many ports all over the world. Different governments have different laws about how such warehouses can be administered and who can use or operate a bonded warehouse.

If the importer decides to sell the goods for re-export, duties will not be incurred. Likewise, if the goods are destroyed, the obligation to pay duties will also be resolved. If the imported goods are released for sale, however, customs duties will come due.

Restrictions on BW | Classes of BW | RE-WAREHOUSE | DISCREPANCIES | Form 300 Report | APPLYING FOR A STATUS OF BW

Bonded Warehouse is the excellent method of storing merchandises without paying duty on it until it is necessary. Bonded Warehouse is a facility goods are kept in Customs Bond, in Custom Custody, duty have not been paid and the goods had not been entered into U.S. Commerce.

To get goods into a Bonded Warehouse the same entry forms must be filed (CF3461 and 7501) EXCEPT in the entry code block must be put 21, i.e. Bonded Warehouse Entry,

Bonded Warehouse Entries REQUIRE BOND OF 2 (TWO) TIMES OF THE AMOUNT OF DUTY AND TAXES. Not for full value of the goods. Bonds can be either single or continuous.

TIME LIMIT IS 5 YEARS FROM THE DATE OF IMPORT. No extensions. If 5 years are exceeded, then goods considered as invulnerably abandoned shall be transferred into General Order Warehouse.

There is no duty if goods entered into BW and then exported. However DUTY RATE FOR CONSUMPTION ENTRY IS ON THE DATE WHEN THE GOODS HAD BEEN WITHDRAWN FROM THE BW. Not on the date of entry in the BW.

If it is withdraw for transportation and exportation then CF 7512;
If it is consumption withdraw then CF 7501
In both cases importer put on the bottom left-hand corner of entry a notification:

What is the BW;
How many have been withdrawed;
How many left.
When it reaches 0 (zero) the words must be typed "Final Withdraw".

Restrictions on BW:

No perishable goods;
No explosives;
Dangerous goods can only be stored with an approval from the BW insurance company.
Condition for BW is STORAGE ONLY! If importer repack, sort, test it etc, then CF 3499 "Permit to Manipulate" in order to do that. Example: Combine small pieces int a unit.

Classes of Bonded Warehouses (19.1)
One BW can handle multiply classes itself.

Governments warehouses;
Importer's privet warehouses for exclusive storage only;
Public warehouses used exclusively for storage;
Bonded yard for heavy bulk materials;
Bonded yards and elevators for storage of grain;
Manufacturing warehouses for manufacturing in bond. Solely for export of the finished products. It MAY NOT be entered in the U.S.;
Smelting and Refining warehouses for metal and ore materials for export or domestic consumptions;
Manipulation warehouses, bonded for the purpose of clearing, sorting, re-packing; but NOT for manufacturing imported goods; and
"Duty free stores" as in airports.
Reserved

RE-WAREHOUSE:

Goods can be moved from one BW to another. Use CF 7501 with cod 22 (re-warehouse) and do not use 3461.

If it is within the same port then file CF 6043 (Delivery Notice);
If to different ports, then:
a. CF 7512 Withdraw for transportation and exportation in the BW where the goods is going out and;
b. CF 7501 with code 22 (re-warehousing) at a destination BW.
Important: When re-warehousing you DO NOT have to pay HARBOR MAINTAINS FEE at the destination warehouse, because the fee already had been paid at the first warehouse.

The minimum for removal:

1 box;
1 case;
1 piece
for bulk 1 metric ton.
Goods CAN BE SOLD while in the BW. However new owner when do the withdraw must get Rights to Withdraw from the seller.

Goods in BW are sorted by:

Entry #;
Unique Identifier #. SKU - Stock Keeping Unit.
BW requires Inventory Control System. It can be manual (book) or automated (computer).
At any time when Customs comes for spot check it must be able to track:

when it entered & withdrawn;
amount of remaining;
amount of damages;
amount of destroy;
all of that by SKU #.
Types of keeping of inventory. BW must notify customs by letter what method it uses:

FIFO - First in - First out;
LIFO - Last in - First out.
DISCREPANCIES:

IF BW IS SHORT it must pay duty and taxes on its items;
IF BW IS OVER it must notify Customs WITHIN 5 (FIVE) WORKING DAYS and file new 7501 for those overages.
Extraordinary shortages must be reported to Customs and paid within 20 days of the following month in which the shortage had been discovered.
- Extraordinary shortages is $100 or more in duty and taxes per entry OR 1% or more of the total value of the entry.
- If it is NOT an Extraordinary shortages (small ones) then it will be paid when 300 REPORT is filed, which is every year.

Damages. You CANNOT write damages off by yourself. You must write a letter to customs and held in site until Customs will write it off (Example: keep necks of sealed broken bottles).

If Customs wrote damages off then you do not liable for the duty. Customs will decided whether or not they would like to see a proof of the damages.

Form 300 Report:

This is the report, which shows BW warehouse activity within one physical year.
It must be filed within 45 days of the BW physical year (does not have to be end of calendar year).

Penalty is $100 per day after those 45 days.

BW can use an alternative format if got the approval from Customs or reconciliation report and 300 report. Then it must be filed within 19 days after the end of physical year.

Actually BW does not have to send the 300 Report to Customs. Just write a letter that the report is done and the BW is open for the inspection.

When you bring something into BW, the BW opens PERMIT FILE FOLDER for the 7501. The documents file in the folder as duplicates of entry activity until the entry gets to 0 (zero) balance. When it reached its zero balance you submit it to Customs for liquidation of the entry.

All documents in the Permit Folder must be filed within 5 (five) working days;
After it reaches 0 (zero) balance, and the final withdraw statement put on top of the Permit Folder, then it must be submitted to Customs for the entry liquidation within 30 days of the final withdraw entry.
APPLYING FOR A STATUS OF BONDED WAREHOUSE (for the permit):

You apply to the Port Director with estimated bond., blue prints, security proofs, type of goods will be stored etc (19.2). List of all employees with names, SSN, addresses, work history etc must be submitted as well. All employees MUST BE FINGERPRINTED.
Customs considers to issue t you the BW permit.
New application must be filed for increasing of space of BW.
New application must be filed for discontinuing BW.
You can bon JUST A PART, but not entire warehouse.

Customs have rights for thanking off BW permits for:

BW management fails to obey proper customs commands;
Does not submit complete employees list;
Misstatement in applications;
If no boned goods had been stored for 2 (TWO) years;
etc.
Un-bonding a part of BW can be allowed by Customs for period of tom 1 (one) year (Temporary un-bond).

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