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Amendment in ITC (HS) Classifications of Export & Import Items
Notification No. 4 dated 31st
March 2001
In exercise of powers
conferred under section 5 of the Foreign Trade (Development and Regulation) Act,
1992 read with paragraph 1.3 and 4.1of the Export and Import Policy, 1997-2002,
the Central Government hereby makes the following amendments in the ITC (HS)
Classifications of Export and Import Items, 1997-2002 published on 31st
March, 1997 (RE-98) as amended from time to time, namely - in the import
licensing notes appearing in Chapter-87 of the said ITC (HS) Classification
Export & Import items, 1997-2002, the following clauses shall be inserted in
the end;
(5)
(I)
A second hand or used vehicle (including all the vehicles other than
Railway or Tramway) for the purposes of this Chapter shall mean a vehicle that:
-
(a)
Has been sold, leased or loaned prior to importation into India; or
(b)
Has been registered for use in any country according to the laws of that
country, prior to importation into India;
(II)
The import of second had or used vehicles shall be subject to the
following conditions:-
(a)
The second hand or used vehicle shall not be older than three years from
the date of manufacture;
(b)
The second hand or used vehicle shall:
(i)
Have right hand steering, and controls (applicable on vehicles other than
two and three wheelers);
(ii)
Have a speedometer indicating the speed in Kilometres; and
(iii)
Have photometry of the headlamps to suit �keep left� traffic.
(c)
In addition to the conditions specified in (a) and (b) above, the second
hand or used vehicle shall conform to the provisions of the Motor Vehicle Act,
1988 and the rules made thereunder.
(d)
Whoever being an importer or dealer in motor vehicles who imports or
offers to import a second hand or used vehicle into India shall,
(i)
At the time of importation, submit a certificate issued by a testing
agency, which the Central Government may notify in this regard, that the second
hand or used vehicle being imported into India has been tested immediately
before shipment for export to India and the said vehicle conforms to all the
regulations specified in the Motor Vehicles Act, 1988 of India and the rules
made thereunder.
(ii)
At the time of importation, submit a certificate issued by a testing
agency, which the Central Government may notify in this regard, that the second
hand or used vehicle being imported into India has been tested immediately
before shipment for export to India and the said vehicle conforms to the
original homologation certificate issued at the time of manufacture.
(iii)
On arrival at the Indian port but before clearance for home consumption,
submit the vehicle for testing by the Vehicle Research and Development
Establishment, Ahmednagar of the Ministry of Defence of the Government of India
or Automotive research Association of India, Pune or Central Farm Machinery
Training and Testing Institute, Budni, Madhya Pradesh for tractors, and such
other agencies as may be specified by the Central Government, for granting a
certificate by that agency as to the compliance of the provisions of the Motor
Vehicles Act, 1988 and any rules made thereunder.
(iv)
Import of these vehicles shall be allowed only through the customs port
at Mumbai.
(e)
The second hand or used vehicles imported into India should have a
minimum roadworthiness for a period of 5 years from the date of importation into
India with assurance for providing service facilities within the country during
the five year period. For this purpose, the importer shall, at the time of
importation, submit a declaration indicating the period of roadworthiness in
respect of every individual vehicle being imported, supported by a certificate
issued by any of the testing agencies, which the Central Government may notify
in this regard.�
(6)
(I)
A new imported vehicle (including all the vehicles other than Railway or
Tramway) for the purposes of this Chapter shall mean a vehicle that: -
(a)
Has not been manufactured/assembled in India; and
(b)
Has not been sold, leased or loaned prior to importation into India; or
(c)
Has not been registered for use in any country according to the laws of
that country, prior to importation into India.
(II)
The import of new vehicles shall be subject to the following conditions:
a.
The new vehicle shall-
(i)
Have a speedometer indicating the speed in Kilometres per hour;
(ii)
Have right hand steering, and controls (applicable on vehicles other than
two and three wheelers);
(iii)
Have photometry of the headlamps to suit �keep-left� traffic; and
(iv)
Be imported from the country of manufacture.
b.
In addition to the conditions specified in (a) above, the new vehicle
shall conform to the provisions of the Motor Vehicles Act, 1988 and the rules
made thereunder, as applicable, on the date of import.
c.
Whoever being an importer or dealer in motor vehicles who imports or
offers to import a new vehicle into India shall,
(i)
At the time of importation, have valid certificate of compliance as per
the provisions of rule 126 of Central Motor Vehicle Rules (CMVR), 1989, for the
vehicle model being imported, issued by any of the testing agencies, specified
in the said rule;
(ii)
Be responsible for all the provisions assigned to the manufacturer as per
Rules 122 & 138 of CMVR, 1989 and for issuing Form 22, as per provisions of
CMVR, 1989; and
(iii)
Give an undertaking in writing that the proof of compliance to conformity
of production as per rule 126A of CMVR shall be submitted within six months of
the imports. In case of failure to do so, no further import of new vehicle of
that model shall be allowed thereafter.
d.
Deleted (Notification No. 11 dated 2nd May 2001).
e.
The provisions of this notification will not apply to the imports of new
vehicles-
(i)
For the purpose of certification as per para c (i)
above;
(ii)
For the purpose of defence requirements; and
(iii)
For the purpose of R&D by vehicle manufacturers.�
This issues in Public interest.
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