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GOVERNMENT OF INDIA

MINISTRY OF COMMERCE

DIRECTORATE GENERAL OF FOREIGN TRADE

UDYOG BHAWAN

NEW DELHI-110011

Policy Circular No.   29 (RE-2005)/2004-09

   Dated:6^th October, 2005

To

All Licensing Authorities

            All Custom Authorities

Subject:            Classification of various Products under ITC(HS) Classifications of     Export and Import  Items (2004-09)-clarifications regarding.

This Directorate has been receiving representations from various quarters seeking clarifications as regards the Classification of certain specific items under the ITC(HS) Classifications of Export and Import Items, 2004-09. Such requests for issue of appropriate clarifications etc. have been examined and based on the decision(s) arrived in consultation with the concerned Administrative Ministry/Departments, the applicants have been suitably advised about the appropriate classification of such items under the ITC(HS) Exim Code. A list of such clarifications/classifications is given below for information of all concerned.

2.         BIS standard for packaged natural mineral water (IS:13428) was made mandatory under the PFA Act, through two notifications dated 29.9.2000 (GSR No. 759E and 760E).  As such if the imported consignment of packaged natural mineral water confirms to (IS:13428:1998) the quality standards are met.

3.         Under Hazardous Wastes (Management and Handling) Rules 2003, the import of solid plastic wastes, provided they are not mixed with other hazardous wastes, are permitted into the country with DGFT licences, only for reprocessing or reuse.

4.         Import of Nature Valley Granola Bars may be permitted subject to the submission of allergens and toxicity test clearance certificates by the importer from an accredited laboratory in India.

5.         Only those valve meant for indigenous use shall be of a make and design approved under Gas Cylinders Rules, 2004. In the case of import of valves meant for re-export along with cylinders, the same need not be of a make and type approved under Gas Cylinders Rules, 2004.  The rules also do not stipulate the requirement of obtaining a licence or permission while importing valves as in the case of cylinders.

6.         The affixing of MRP stickers on all such products imported into India before clearance of goods from Customs warehouse is mandatory provision of standards of Weights & Measures (Packaged Commodities) Rules, 1977 and is still in force as per condition no. 5 to Chapter 1A of ITC(HS) Classification of Export and Import Items, 2004-09.

7.         Private Bonded Warehouses cannot supply under custom notification no. 84/97 dated 11.11.97. Only companies entitled under the ITC(HS) can import and supply under the above mentioned notification.

8.         As per Customs Circular No. 94/2002 dated 23.12.2002 import of pets (dog and cat only) upto two numbers per passenger have been allowed without import licence at one time subject to the production of the required health certificate from the country of origin and examination of the said pets by the concerned Quarantine Officer.  However, it is not covered under the said circular, it will be subject to import licence.

This issues with the approval of Director General of Foreign Trade.

Yours faithfully,

Sd/- 

(PRATIMA DIKSHIT)

JOINT DIRECTOR GENERAL OF FOREIGN TRADE

FOR DIRECTOR GENERAL OF FOREIGN TRADE