Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
Tariff Unit
229-A, North Block, New Delhi,
15th December, 2011.
To
All Chief Commissioners of Customs/Customs (Prev.),
All Commissioners of Customs/Customs (Prev.),
All Chief Commissioners Customs & Central Excise,
All Commissioners of Customs & Central Excise,
All Directors General under CBEC.
Sir / Madam,
Subject: Implementation of The Pneumatic Tyres
and Tubes for Automotive Vehicles (Quality Control) Order, 2009 – reg.
Attention is invited to CBEC instructions F.No.528/109/2011 – STO (TU) dated
29.11.2011, on the issue of the implementation of the Pneumatic Tyres and Tubes
for Automotive Vehicles (Quality Control) Order, 2009. Representations have been
received in the Board seeking clarification on applicability of exemption under
sub-clause 3(a) to (e) of the said Order. As such, in continuation to the above
mentioned Instructions, it is further clarified that in addition to the
exemption under sub - clause 3(f) of the said Order which currently applies to
total 316 pneumatic tyres, the tyres covered under sub-clause 3(a) to (e) are
also exempted. These exemptions are as follows:
- Pneumatic tyres manufactured in India for exports;
- Pneumatic tyres imported by Original Equipment Manufacturers (OEM) and / or
their authorized companies for fitment on vehicles or after sales, meant for
exports;
Note:
In both cases (a) and (b) above, exports may be either directly as individual
components or as part of a vehicle completely built or in drive away chassis
form or in Completely Knocked Down (CKD) or Semi-Knocked Down (SKD) condition.
Also nothing in the said Order shall apply in relation to pneumatic tyres
required for export, which conforms to any specification required by the foreign
buyer.
- Pneumatic tyres imported as part of Completely Built Unit (CBU),
irrespective of the value of the CBU, so long as such pneumatic tyres meet the
requirements of specified standard. In such cases self-declaration by CBU
manufacturers in the vehicles manual to the effect that the tyres fitted in the
vehicles meet the requirements of the BIS and they comply with the requirements
under the Central Motor Vehicles Rules (CMVR), 1989, would suffice. If vehicles
are already exempted by Director General of Foreign Trade (DGFT) notifications
for homologation in India, self declaration will not be required;
- Pneumatic tyres imported or manufactured for research and development
purposes;
- Pneumatic tyres imported by Original Equipment Manufacturers (OEM) for
fitment on vehicles manufactured in India for domestic market (completely built
or drive away chassis form). In such cases, self-declaration by the OEM in the
vehicles manual to the effect that tyres fitted in the vehicles meet the
requirements of BIS and that they comply with the requirements under the Central
Motor Vehicles Rules (CMVR), 1989, would suffice;
2. As such, other than exempted pneumatic tyres, as provided under sub-clause 3
(a) to (f) of the Pneumatic Tyres and Tubes for Automotive Vehicles (Quality
Control) Order, 2009, no person shall by himself or through any person on his
behalf, import, store for sale, sell or distribute imported pneumatic tyres
(which include pneumatic tubes) that do not conform to the specified standards
and that do not bear the BIS Standard Mark.
(Subodh Singh)
OSD (Customs), Tariff Unit,
Fax-011-23092173
Internal Circulation: As usual.
F. No. 528/109/2011-STO (TU)