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Import Licensing Notes

Import of PVC Floorings Scrap (scrap denotes industrial trimmings and rejects only) shall be permitted for imports with the following specifications:

1. The PVC flooring scrap shall consist of thoroughly blended composition of thermoplastic binder, fillers and pigments. The thermoplastic binder shall consist substantially of one or both of the following namely (a) Vinyl Chloride polymer and (b) Vinyl Chloride co-polymer.

2. The density shall be > 1.3.

3. Ash content shall be < 21 to 30%.

4. The product manufactured form scrap shall conform to IS 14535: 1998 – Recycled plastics manufacture of products – design, and

5. Recycling shall be in accordance with IS 14534: 1998- Guidelines for recycling of plastic.

6. Final Waste PVC scrap (i.e. unconverted to floor coverings etc.) shall not exceed 5% of the quantity imported and shall be disposed of in landfills.

2.1 of the Foreign Trade Policy, 2004-09, the Central Government hereby amends Schedule - I (import) of the ITC (HS) Classifications of Export and import Items, 2004-09 as under:

The following import licensing note shall be inserted at the end of Chapter 39 and before the existing import licensing note which is renumbered as (II):

“ (I) PVC floorings scrap (scrap denotes industrial trimmings and rejects only) with the following specifications shall be permitted for imports:

All imports shall also be subject to the following conditions:

(i) Only industrial, trimmings and rejects of PVC flooring scrap shall be allowed to be imported.

(ii) Post consumer PVC flooring scrap and waste shall not be allowed to be imported.

(iii) Imports shall only be allowed to actual users. In case the actual users hire export/import houses they could do so on receipt of specific request from actual users for specific quantities based on the installed capacity of the plant only.

(iv) The concerned Pollution Control Boards/Pollution Control Committees shall monitor the use of PVC scrap imported by the units.

(v) The units/PVC scrap users shall file a return of imports made during a calendar year to the concerned PCB/PCCs; and

(vi) The product so manufactured should meet the BIS specifications IS 3462, 1986 for unbacked flexible PVC floorings.”

This issues in public interest.

2.Import of waste, Parings and Scrap of Plastics

Platsic waste: The DGFT withdrew it hs move to put all plastic waste in the category of beef tallow whose import is not allowed under any circumstances. The public notice of 02 Februrary restores the status quo ante of the period before 13 November when the prohibitory measure was first announced. Plastic waste can now be imported freely subject to the condition the t the waste is derived in the process of manufacture of virgin material. Other conditions of supervision and end use verification will continue to operate. [editor/09.2.99]

Attention is invited to Notification No. 32(RE-98)/97-02 and Public Notice No. 56(RE-98))/97-02 both dated 13th November, 1998 and Notification No. 37(RE-98)/97-02 and Public Notice No. 58 (RE-98)/97-02 both dated 23rd December, 1998 relating to import of all kinds of wastes, parings and scraps of plastics.

2. S.O. (E) – In exercise of the powers conferred by section 5 of the Foreign Trade (Development and Regulation ) Act, 1992 (No. 22 of 1992) read with paragraphs 1.3 and 4.1 of Export and Import Policy, 1997-2002 the Central Government has decided to withdraw the above stated Notifications and Public Notices with effect from the date of their issuance.

Accordingly, the position as existed prior to 13.11.1998 is being restored and the imports of wastes, parings and scraps of plastics shall continue to be governed by the conditions laid down in the Public Notice No. 392 dated 1.1.1997.

See Public Notice 392-PN 01.01.97 below for import procedure for plastic scrap.

1. Procedure relating to import of plastic waste/scrap.

The following public Notice on the subject was issued by the Director General of Foreign Trade on 1 january, 1997

Attention is invited to Para 27(2) of the Handbook of Procedures (Vol. l), 1992-97 (Revised Edition:

March, l996) according to which import of all types of plastic wastes/scrap (except PET bottle waste/scrap) and animal dung or aimal excreta shall not, be permitted, except against a licence.

The matter relating to grant of licences for import of such plastic wastes/scrap has been examined in consultation with the Deptt. of Chemicals & Petrochemicals and other Ministries and it has been decided to prescribe the following guidelines/conditions for consideration of applications for import of plastic wastes/scrap. Applicants who wish to submit applications to the Directorate General of Foreign Trade, Udyog hawan, New Delhi, for grant of licence for import of plastic wastes/scrap are required to strictly comply with these guidelines/conditions.

(i) Import of plastic wastes/scrap (except PET bottle waste/scrap) shall be permitted only against a licence. The description/definition of the plastic waste/scrap for this purpose would be: "Plastic scrap/waste constitute those fractions of plastics generated by various plastic processing operations or those fractions generated in the production process of plastics in a plant, which have not been put to any use whatsover and as such can be termed as virgin or new material which can be recycled into viable commercial products using standard plastic processing techniques but without involving any process of cleaning, whereby effluents are generated.
(ii) Such virgin/new Plastic scrap/waste shall be permitted for import in the following forms i.e. compressed, films in cut condition, cut tape soft waste, flakes, powders, pieces of irregular shape (not exceeding the size of 3" x 3").
(iii) Any other category of plastic scrap/wastes which are not covered by the description/definition as given in sub-paras (i) and (ii) above shall not ordinarily be permitted.

(iv) Applications for import licences would be received in the Headquarter of the DGFT as per procedure prescribed in this regard. DGFT would obtain comments on each application from the Deptt. of Chemicals & Petrochemicls and Ministry of Environment & Forests. Based on the comments of Deptt. of Chemicals &Petrochemicals and the Ministry of Environment & Forests, the individual cases shall be put up to the Special Licensing Committee (SLC) of DGFT for onsideration.

(v) The plastic scrap/wastes conforming to the description indicated in sub-paragraphs (i) and (ii) above would be permitted only to the actual users who have the required facility for recycling such crap/waste and who are duly registered with the competent State/Central authority and also possess clear pollution clearance certificate from the concerned State Pollution Board where the unit is located, as well as a capacity assessment certificate.

(vi) Each consignment of plastic scrap/wastes imported against an import licence issued in this regard shall be accompanied with a certificate from the factory in which it was generated to the effect that it conforms to the description/deinition as given in sub-paragraph (i) above. The importer of the plastic scrap/waste would also be required to furnish a declaration to the Customs authorities at the time of clearance of goods, certifying that the plastic scrap/wastes imported by him and for which clearance is being sought, strictly conforms to the description /definition as given in sub- paragraph (i) and (ii) above and that it is free from any kind of toxic/non-toxic contamination and has not been put to any previous use, whatsoever.

(vii) Before the clearance of the plastic waste/scrap, all imported consignments of such plastic crap/waste shall be subjected to scrutiny and testing of samples. Customs authorities shall for this purpose draw a sample and send the same to the nearest laboratory/Office of the Central Institute of Plastic Engineering & Technology (CIPET) with a view to having the same analysed and verified that such imported consignments are in conformity with the description/definition as given in sub-paragraph (i) and (ii) above.

(viii) Special Licensing Committee while considering import take into account, the quantity and value of plastic wastes/scrap imported by the applicant during the previous licensing years.

(ix) In case of misdeclaration regarding the material being free from any toxic/hazardous substances by the importer, action as per laws of Ministry of Environment and Forests applicable under the Environment (Protection) Act for committing offences leading to damage of environment and increase in pollution in the country, as modified and in force from time to time, would be taken by the competent authority.For any other misdeclaration, laws formulated by the Directorate General of Foreign Trade, in force from time to time, would also apply and action as per Foreign Trade (Development and Regulation) Act, 1992 shall be initiated by the competent authority.

(x) Import licences issued in accordance with this Public Notice shall be subject to Actual User condition and any other such condition as may be imposed by the Special Licensing Committee.

2. The guidelines and conditions contained in Para l (i) (ii) (iii) (v) (vi) (vii) (ix) shall also be applicable to the imports made under the Duty Exemption Scheme against Advance Licence. Applications for Advance Licences for the import of plastic wastes and scrap shall in this case be considered by the Advance Licensing Committee DGFT (H.Q.) in accordance with the guidelines laid down in Para l(iv) and l(viii) above, and licences issued subject to Actual User condition.

3. While imports of plastic wastes and scrap by l00% EOUs and units in the EPZ shall continue to be governed by the provisions of para 94 of the Export and Import Policy, the parameters for import of plastic wastes/scrap as specified I this Public Notice shall however be kept in view by the Board of Approval concerned while approving such units under the Scheme.

4. The import PET bottle waste/scrap shall continue to be freely importable as hitherto.

ANNEXURE TO PUBLIC NOTICE NO.392(PN)/92-97 DATED lst January, l997


1. Director (Code -044)
CIPET, Guindy 2342371-74
Madras - 600 032 & 2345876

2. Dy. Director (Code - 079)
CIPET Extn. Centre 5832267 (D)
Plot No 630,Phase-IV 5830569 (O)
GIDC, Vatva Ahmedabad 5835219 (O)
5835236 (FAX)

3. Dy. Director (Code 0183)
CIPET Extn. Centre 258938(D)
P.O. Rayon & Silk Mills 257397(O)
Adjacent to GND University 258671(FAX)
Amritsar - 143 104.

4. Sr. Manager (Project ) (Code-0674)
CIPET Extn. Centre 440463(D)
B-25, Chandka Nucleus 440162(O)
Indl. Complex, P.O. Patia 4404613(FAX)
Bhubaneswar - 751 031

5. Sr. Manager (Project) (Code-0755)
CIPET Extn Centre 589041(D)
(Near J.K. Batteries) 587454(O)
Sector C, Govindpura 588288(O)
Industrial Estate 589041(FAX)

6. Senior Manager (Project) (Code- 040)
ŠCIPET Extn. Centre 7124040 (D)
Post Bag No. 3 7123615 (O)
Cherlapally Industrial 7123750 (O)
Development Area, Phase-III 7124041 (O)
HCL Post, Hyderabad-500 051 7124051 (FAX

7. Project-in-charge (Code- 03852)
CIPET Extn. Centre 23158(O)
Kelshampet 22870 (S)
Airport Road 23158(FAX)
Imphal - 795 001

8.Dy. DirectorCIPET Extn. Centre (Code-0522)
B-27, Amsausi Indl. Area 437646 (D)
(Nadar Ganj) 436910 (O)
Lucknow - 226 008 437645 (O)
437647 (O)
436227 (FAX)
437646 (FAX)

9. Dy. Director (Code- 0821)
CIPET Extn. Centre 403147 (D)
437/A, Hebbal Indl. Estate 403018 (O)
Mysore - 570 016 402349 (O)
402350 (FAX)

Clarification and amendment to PlasticWaste public Notice dated 01.01.1997.

The DGFT, Department of chemicals and Petrochemicals and the Ministry of Environment have come together the clamp down on plastics waste importers. The manufacturers and users must now submit four additional documents with licence applications. The approved quantity will be limited to half the production capacity. Only units set up before 19 June 1998 will be considered by the committee for the covered import licence.

DGFT Policy Circular No. 20 dated 12 march 2003.

Attention is invited to Public Notice No.392 (PN)/92-97 dated 1.1.1997 according to which import of Plastic Waste/Scrap (except PET Bottle Waste/Scarp) and animal dung or animal excreta shall not, be permitted, except against a license. Applicants while submitting the application as per provisions laid down in para 1(iv) of the said public notice shall adhere to all guidelines / conditions of this public notice. They shall also furnish the following additional information / details while submitting the application to DGFT: -

i) copy of the Industrial approval (SSI Registration / IEM / Industrial Licence etc) alongwith the date of commencement of commercial production duly approved by competent authority. Copy of the valid Pollution control clearance certificate (both for air & water) from State Pollution Control Board where the unit is located.

ii) Brief details of manufacturing process for the recycling plant and the finished articles (if recycled material is consumed captive), production equipment installed with the date of installation (both imported & indigenous) along with specifications/rated capacity/production capacity with calculations duly certified by C.E.

Rated/production capacity will be worked out as 20 hrs per day/330 days in a year.

iii) For the existing unit the details of consumption (separately 91 to 2001-02 duly certified by Chartered Accountant, along with details of import licence obtained. Details should be furnished for different types of plastic waste/scrap separately.

iv) Specific name, type specification & source of import of plastic waste/scrap alongwith the declaration by the importer that, the plastic waste/scrap being imported by them and for which the clearance is sought strictly conforms to the description/definition in accordance with Public Notice No.392 dated 1.1.1997.

2. The application shall be examined for grant of import license on the basis of the above information furnished by the firm. Further the entitlement of Plastic Waste/scrap (other than Acrylic Plastic Waste/Scrap) will be determined on the basis of following criteria/ guidelines as suggested by the Department of C&PC:-

a) The import of Plastic waste/scrap (other than Acrylic Plastic waste/scrap) may be considered on the 50% of the installed capacity of the production machineries taking into account production equipment rated capacity per hour for 20 hours/day and 330 days in a year.

b) The entitlement of Acrylic Plastic waste/scrap may be determined taking into consideration the best consumption in a particular financial year during the period 1990-91 to 2001-02.

c) The units set up after 19.6.1998 (i.e. date on which EPB took decision not to permit import of plastic scrap even for EOUs, and that no new units will be permitted to be set up) shall not be considered for recommending import of plastic waste/scrap.

3. The Ministry of Environment & Forest will continue to furnish their comments as per the guidelines contained in Public Notice No.392 dated 1.1.1997.

4. All other provision contained in the aforesaid public notice shall remain in force and will be strictly complied by all the applicants who wish to submit application to DGFT for grant of import licence for import of plastic waste/scrap.

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


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