1A: GENERAL NOTES REGARDING IMPORT POLICY
1b. Import of Hazardous Chemicals permitted without a licence in accordance with the provisions of the Manufacture, Storage and Import of Hazardous Chemicals Rules 1989 (made under the Environment (Protection) Act, 1986). Besides other conditions mentioned in the Rules, the importer shall, before 30 days but not later than the date of import, furnish the details specified in Rule 18 to the Authority specified in Schedule 5 of the said Rules.
1c. Clearance of waste oil/sludge derived from the normal course of a ship’s operation and covered by the MARPOL Protocol will be allowed without a license only to those persons who are registered with the Ministry of Environment and Forests or the Central Pollution Control Board, as the case may be, for re-processing waste. Such waste oil/sludge will conform to the definition in schedule 3 of the Hazardous Waste (Management and Handling) Amendment rules,1989.
2. Subject to compliance with the provisions of any other law for the time being in force, imports may also be made without a licence by the categories of importers specified below, provided the imports do not involve foreign exchange remittances:
(i) Import of goods by officials of the United Nations Organisation
and its specialised agencies who are exempt from payment of customs
duty under the United Nations (Privileges and Immunities) Act, 1947;
3. Import of Beef in any form and import of products containing beef in any form is prohibited.
4. All consignments of edible oils and processed food products, imported in bulk, shall carry a declaration from the concerned exporter on the shipping documents that the consignment does not contain beef in any form. All consignments of edible products, imported in consumer packs, shall carry a declaration on the label of the package that the product does not contain beef in any form.
5. All such packaged products, which are subject to provisions of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 when produced/ packed/ sold in domestic market, shall be subject to compliance of all the provisions of the said rules, when imported into India. The compliance of these shall be ensured before the import consignment of such commodities is cleared by Customs for home consumption. All prepackaged commodities, imported into India, shall in particular carry the following declarations:
(a) Name and address of the importer;
6. Import of all the products as per Appendix III to Schedule I of
the ITC (HS) Classifications of Export and Import Items, 1997-2002,
shall be subject to compliance of the mandatory Indian Quality Standards
as mentioned in column 2 of the said Annexure, which are also applicable
to domestic goods. For compliance of this requirement, all manufactures/
exporters of these products to India, shall be required to register
themselves with Bureau of Indian Standards(BIS).
Not withstanding anything contained in the Appendix III to the Schedule 1 of ITC (HS) Classifications of Export and Import Items, 2002-2007, import of cylinders and import of valves/valve fittings will be exempted from the conditions at paragraph 6 above. However, this exemption shall be applicable only on such cylinders, import of which has been approved by Chief Controller of Explosives, Nagpur.
7. Import of meat and poultry products will be subject to the compliance of conditions regarding manufacture, slaughter, packing, labeling and quality conditions as laid down in Meat Food Products Order, 1973. All manufacturers of meat/poultry products exporting their goods to India shall be required to meet the sanitary and hygienic requirements as stipulated under Schedule-II of the aforementioned Order. The imported product shall also comply with the specified packaging, labeling and quality standards as laid down in Schedule-IV of the Order. Compliance of these conditions is to be ensured before allowing customs clearance of the consignment.
8. Import of all such edible/food products including tea, domestic sale and manufacture of which are governed by Prevention of Food Adulteration Act, 1954, shall be subject to all the conditions laid down in the aforesaid Act. Import of all these products will have to comply with the quality and packaging requirements as laid down in the Act. Compliance of these conditions is to be ensured before allowing customs clearance of the consignment.
9. Import of all primary agricultural products will be subject to a
Bio Security & Sanitary-Phyto Sanitary import permit, to be issued
by Department of Agriculture and Co-operation, as per conditions of
Plants, Fruits and Seeds (Regulation of Import into India) Order, 1989.
The permit will be based on Import Risk Analysis of the product, to
be conducted on scientific principles, in accordance with the WTO Agreement
on the Application of Sanitary and Phyto-Sanitary measures. The Import
Risk Analysis will be conducted based on various scientific principles,
including inter alia,
10. Irrespective of the Policy indicated against the Exim code nos. 090220 40 and 090240 60 in column 3 of ITC(HS) Classifications of Export and Import Items, 1997-2002, the import of these items will be subject to the conditions of the provisions of the Tea Waste (Control) Order, 1959 as amended from time to time. Import of tea waste is to be allowed only to the licence holders under the afore mentioned Order issued by Tea Board.
11. (i) Import of textile and textile articles is permitted subject
to the condition that they shall not contain any of the hazardous dyes
whose handling, production, carriage or use is prohibited by the Government
of India under the provisions of clause (d) of subsection (2) of section
6 of the Environment (Protection) Act, 1986 (29 of 1986) read with the
relevant rule(s) framed thereunder. For this purpose, the import consignments
shall be accompanied by a preshipment certificate from a textile testing
laboratory accredited to the National Accredition Agency of the Country
of Origin. In cases where such certificates are not available, the consignment
will be cleared after getting a sample of the imported consignment tested
& certified from any of the agencies indicated in Public Notice
No. 12 (RE-2001)/1997-2002 dated 3rd May, 2001. The sampling will be
based on the following parameters:
(ii) Import of all woolen textiles and woolen blended textiles will be governed by Notification No.CER (18)/99-CLB dated 7th March, 1988 read with the Textile (Development & Regulation) Order, 2001 and the Essential Commodities Act, 1955. Imports will, therefore, be subject to the following conditions:-
(a) All imports of woolen textiles & woolen blended fabrics will
display markings or selvedge description indicating the composition
of fibre blends. For this purpose, all consignments will be accompanied
by a pre-shipment inspection certificate from a textile testing laboratory
accredited to the National Accredition Agency of the Country of Origin
certifying the composition of the woolen textile & blends. Consignment
not accompanied by a pre-shipment inspection certificate, will be allowed
to be cleared after getting the sample of the imported consignment tested
& certified from any of the agencies indicated in Public Notice
No.12 (RE-2001) 1997-2002 dated 3rd May, 2001.
12. Import of alcoholic beverages as classified under Chapter 22 of ITC(HS) Classifications of Export and Import Items, 1997-2002, shall be subject to compliance of various mandatory requirements as stipulated by various State Governments.
13. Import of all such edible /food products , domestic sale and manufacture of which are governed by Prevention of Food Adulteration Act , 1954 shall also be subject to the condition that, at the time of importation, the products are having a valid shelf life of not less than 60% of its original shelf life. Shelf life of the product is to be calculated, based on the declaration given on the label of the product, regarding its date of manufacture and the due date for expiry.
14. Import of Meat and Meat Products of all kinds including fresh, chilled and frozen meat, tissue or organs of poultry, pig, sheep, goat; egg and egg powder; milk and milk products; bovine, ovine and caprine embryos, ova or semen; and pet food products of animal origin shall be subject to a sanitary import permit to be issued by Department of Animal Husbandry and Dairying, Government of India, as per Section 3A of Live-stock Importation Act, 1898,as incorporated by Live Stock Importation (Amendment) Ordinance,2001 dated 05.07.2001 and as notified on 07.07.2001, as amended.
16. Import into India of the following livestock and livestock products
shall be prohibited from all countries in view of the reported outbreak
of Highly Pathogenic Avian Influenza (Fowl Plague):
(a) The import of GMOs / LMOs for the purpose of (i) R & D; (ii) Food; (iii) Feed; (iv) Processing in Bulk and (v) For Environment release will be governed by the provisions of the Environment Protection Act, 1986 and Rules 1989.
(b) The import of any Food, Feed, raw or processed or any ingredient of food, food additives or any food product that contains GM material and is being used either for Industrial production, Environmental release, or field application will be allowed only with the approval of the Genetic Engineering Approval Committee (GEAC).
(c) Institutes / Companies who wish to import Genetically Modified material for R & D purposes will submit their proposal to the Review Committee for Genetic Modification (RCGM) under the Department of Bio-Technology. In case the Companies / Institutes use these Genetically Modified material for commercial purposes, approval of GEAC is also required.
(d) At the time of import all consignments containing products which have been subjected to Genetic Modification will carry a declaration stating that the product is Genetically Modified. In case a consignment does not carry such a declaration and is later found to contain Genetically Modified material, the importer is liable to penal action under the Foreign Trade (Development and Regulation) Act, 1992.
19. Import of any form of metallic waste and scrap will be subject
to the provisions of Para 2.32 of the Hand Book of Procedures (Vol-I),
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