Government of India
Ministry of Commerce and Industry
Department of Commerce
Directorate General of Foreign Trade
Udyog Bhawan, New Delhi
Public Notice No.104 (RE-2010)/2009-2014
New Delhi, the 23rd March 2012
In exercise of powers conferred under Paragraph 2.4 of the Foreign Trade
Policy 2009-14, the Director General of Foreign Trade hereby amends para 2.32.2
A of Handbook of Procedure, Vol. I relating to Pre-Shipment Inspection Agencies
(PSIA) for Import of Metallic Waste and Scrap and inserts a new para 2.32.2
B relating to responsibility and liability of PSIA and the importer.
1. Amended Para 2.32.2 A of the HBP, Vol.I would read as under:
Recognition as Pre-shipment Inspection Agency
(PSIA) and issuance of Pre-shipment Certificate (PSIC)
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2.32.2 A |
(a) Application for recognition in respect of PSIAs
have to be made in proforma prescribed in Appendix 5-A.
(b) For applicants based in India application fee will be rupee-currency-symbol
7500/= and for applicants based abroad the application fee will be US
$200. The fees may be amended from time to time by DGFT.
(c) The application s will be considered by an Inter - Ministerial Committee.
(d) The PSIAs will be issued a recognition certificate valid for three
years. However, DGFT has the right to suspend/cancel such a certificate
at any time during the 3 year term. At the end of 3 years PSIA has to
make a fresh application for further recognition.
(e) PSIA shall issue Pre-Shipment Inspection Certificate (PSIC) in the
format given in Appendix 5-B. |
2. The recognition of existing agencies currently listed in Appendix 5 will
continue to be valid for six months from the date of this Notification.
3. Revised Appendix 5-A and Appendix 5-B are part of this notification.
4. Para 2.32.2 B has been inserted in the HBP Vol.I (to appear after 2.32.2.A)
as below:
Responsibility and Liability of PSIA and
Importer |
2.32.2 B |
(a) In case of any mis-declaration in PSIC, PSIA
would be liable to pay a penalty upto rupee-currency-symbol 10 Lakhs
(if the agency is based in India) or up to US $20,000/- (if the agency
is based in foreign country), in addition to suspension/cancellation
of recognition.
(b) The importer would also be responsible for import
of any material in contravention of the declaration as required under
Para 2.32.2 of HBP Vol.I and would be liable to pay penalty upto rupee-currency-symbol
10 Lakhs. |
5. Effect of this Public Notice:
The eligibility criteria for recognition of Pre-shipment Inspection Agencies
and format of the Pre-shipment Inspection Certificate have been modified.
(Anup K. Pujari)
Director General of Foreign Trade
E-Mail: dgft@nic.in
(Issued from F.No.01/53/162/P-64/AM08/IC)
ANNEXURE-I to the Public Notice no.104 Dated
23/03/2012(refer para 1(a) and 3 of the PN)
APPENDIX 5-A
Application for Recognition as Pre-shipment Inspection Agency for metal scrap
( Refer Para 2.32.2 A of HBP vol.1)
1.1 |
Name of the Agency |
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1.2 |
Address |
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1.3 |
Details of application fee paid |
D.D./Bank Receipt No.________ Date _________
Amount ___________
Name of Bank and its Branch on which drawn |
2 Mandatory Testing equipments/Machinery for testing metal scrap:
Table 2.1
S No |
Description of Equipment |
Make and Model No. |
Nos. |
i |
Hand held Radiation Survey Meters
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ii |
Radio Nuclear Identifier |
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iii |
Explosives Detection System having ability to detect
Liquid / Plastic / Powder / Particles / Solid / Metallic and Non-Metallic
Scrap / Waste |
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Attach additional information, if required, on separate paper
2.2 List out any other equipment(s) available including
laboratory facilities
Table 2.2
S No |
Equipment / Laboratory Facility |
Capability |
Nos |
i |
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ii |
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iii |
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3. Membership:
S No |
Name of the Organisation |
Member since |
i |
International Federation of Inspection Agencies (IFIA),
London |
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ii |
Institute of Scrap Recycling Industries (ISRI) Washington
DC |
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iii |
Bureau of International Recycling, Belgium
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iv |
Metal Recycling Association of India
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Please attach a copy of such document to show membership.
4 Experience in metal inspection:
Quantity of metal scrap inspected (in MTs) in the last five years/
destination country–wise
Table 4.1 For Ferrous scrap
S No
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Exporting Country
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Destination Country
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Quantity of Ferrous Scrap inspected in
preceding Years |
Year 5 |
Year 4 |
Year 3 |
Year 2 |
Year 1 |
Total |
i |
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ii |
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iii |
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iv |
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Grand Total |
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Table 4.2 For Non Ferrous scrap
S No
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Exporting Country
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Destination Country
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Quantity of Non-Ferrous Scrap inspected
in preceding Years |
Year 5 |
Year 4 |
Year 3 |
Year 2 |
Year 1 |
Total |
i |
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ii |
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iii |
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iv |
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Grand Total |
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5. Attach copy of last Annual Report / balance sheet
of the Company.
6 Intended Area of Operations for issuance of certificate
1. Address of Head Office. __________________________________
2. Address(es) of Branch Offices __________________________________
(from where the Inspection
would be carried out) __________________________________
(a) The area of operation of PSIA would be as per the territory location of
the agency and the Agency is required to declare all its office addresses coming
in the area of its jurisdiction.
(b) The Agency shall be authorised to issue the certificate for the country
in which it is located and not for any country in which it is not physically
present.
(c) In addition to the territory / location of the inspection agency, the jurisdiction
would also cover those countries in which the Inspection Agency has its branch
offices.
7. Manpower: Details of Inspecting persons / inspectors
who would carry out inspection:
The minimum qualification of the Inspecting officer should not be less than
10 + 2 / Senior High School with Science (physics and Chemistry).
S No |
Names of Technical person(s) |
Address |
Nationality |
Phone No. |
E Mail Address |
Qualification |
Experience in inspection of metal scrap |
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7.1 Whether you have been debarred /de-listed by Indian Government or other
Governments for carrying out inspection activities. If yes, details thereof.
7.2 Whether any judicial / quasi judicial proceedings are pending against
you in any country / legal authority. If yes, details thereof.
Declaration
- I / We hereby declare that the particulars and the statements
made in this application are true and correct to the best of my / our knowledge
and belief and nothing has been concealed or held there from.
- I / We fully understand that any information furnished in the application
if found incorrect or false will render me / us liable for any penal action
or other consequences as may be prescribed in law or otherwise warranted.
- I / We hereby undertake that the in case it is found that the consignment
is not scrap or prohibited items are present in it, I would be liable to
pay a penalty of Rs.10 lakhs, (if based in India) or US$20,000 (if based
in foreign country), in addition to suspension / cancellation of recognition
certificate.
- I / We undertake to abide by the provisions of the FT (D & R) Act, 1992,
the Rules and Orders framed there under, FTP, HBP v 1 and HBP v2 and ITC
(HS).
- I / We hereby certify that none of the Proprietor / Partner(s) / Director(s)
/ Karta / Trustee of firm / company, as the case may be, is / are a Proprietor
/ Partner(s) / Director(s) / Karta / Trustee in any other firm / Company
which has come to adverse notice of DGFT.
- I / We hereby certify that the Proprietor / Partner(s) / Director(s)
/ Karta / Trustee, as the case may be, of the firm/company is / are not
associated as Proprietor / Partner(s) / Director(s) / Karta / Trustee in
any other firm / company which is in the caution list of Reserve Bank of
India.
- I hereby certify that I am authorised to verify and sign this declaration
as per Paragraph 9.9 of the Foreign Trade Policy.
Signature of the Applicant |
Place |
Name |
Designation |
Date |
Official Address |
Telephone |
Residential Address |
Email Address |
ANNEXURE-II to the Public Notice no.104 Dated
23/03/2012(refer para 1(e) and 3 of the PN)
APPENDIX 5-B
PRE-SHIPMENT INSPECTION CERTIFICATE
This pre-shipment inspection certificate is issued in terms of paragraph
2.32.2 A of Handbook of Procedure (Vol.1) for import of shredded, unshredded,
compressed and loose forms of metallic waste and scrap.
I, hereby certify the details as below:-
(1) I / We hereby certify that I have visually inspected the consignment
and certify the following:
(a) The import consignment is actually metallic scrap/seconds/defective as
per the internationally accepted parameters for such a classification.
(b) Details of Importer is as follows:
(i) Name: _____________________________
(ii) Address: ____________________________
(iii) Importer Exporter Code No.______________________________
(iv) Telephone No. _________________________ (Mobile) __________________
(v) E-mail ______________________________
(c) Type of Scrap: Shredded / Unshredded
(d) Details and quantity of Import
Description of metallic scrap |
Quantity (in MTs) |
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(e) (i) Country of Inspection ______________________________
(ii) Place of Inspection ______________________________
(iii) Date of Inspection ______________________________
(iv) Duration of inspection (in hours) ______________________________
(f) The following equipments have been used for inspecting the consignment.
(i) _____________________________________________________________
(ii) _____________________________________________________________
(iii) _____________________________________________________________
(g) The consignment does not contain any type of arms, ammunition, mines,
shells, cartridges, or any other explosive material in any form, either used
or otherwise, and that the consignment was checked for radiation level and it
does not have radiation levels (gamma and neutron) in excess of natural background.
Following are the values of :-
(i) Background radiation level at the place of examination ________________________
(ii) Maximum radiation level on the scrap______________________________________
(2) I/We hereby declare that the particulars and statements made in this
certificate are true and correct and nothing has been concealed or held therefrom.
Date ____________ Signature _________________________________
Name of the Inspecting Person/Inspector_________________________
Designation_________________________________
Address (office)____________________________________
E Mail Address______________________________
Phone Number______________________________
Name of the agency as per Appendix 5 -____________________
Address: __________________
Telephone Number _________________
E mail _______________________