Government of India
Ministry of Commerce
Directorate General of Foreign Trade
Udyog Bhavan, New Delhi – 110 011.
Policy Circular No. 52 (RE-08)/2004-2009
Dated: 6th January, 2009
To
All Regional Authorities;
All Commissioners of Customs;
Trade & Industry
Subject: Requirement of NOC before clearance of Ozone Depleting Substance (ODS)
against Advance Authorizations.
India is a party to the Montreal Protocol and Vienna Convention for the
Protection of the Ozone Layer and committed to phase out Ozone Depleting
Substances (ODS) in India. As per policy decision taken by the Ministry of
Environment & Forests (MoEF) in 1997, import of ODS is restricted in India.
Accordingly, the Import Policy for the item is ‘restricted’ and subject to
condition of Import Licensing Note No.1 mentioned at the end of Chapter 29 of
ITC(HS) Classification of Export and Import Items.
- Further, under Advance Authorization Scheme, restricted items are allowed to
be imported for export production, unless otherwise stipulated.
- It has been noticed that Advance Authorizations are being issued by Regional
Authorities for ODS such as CFCs etc. as one of the inputs under SION or under
self-declared cases (under para 4.7 of HBP v.1). The matter has been examined in
the light of restrictions on import of ODS and it has been decided that separate
NOC from DGFT would be required for import of ODS items under Advance
Authorization Scheme whether under SION or Annual Advance Authorization or under
para 4.7 of HBP, v.1 . Request for ‘NOC’ will be considered by the concerned
Norms Committee in DGFT Headquarter, in consultation with Ministry of
Environment & Forests. Import of ODS as one of the inputs against Advance
Authorizations would be allowed by the Customs authority subject to production
of a ‘No Objection Certificate’ for the same issued by DGFT, New Delhi.
- Imports of ODS under Advance Authorisation Scheme shall be subject to the
condition that the entire quantity of ODS will be exported out of the country
along with manufactured export product and no part of it will be utilized in the
DTA for domestic consumption. Further, no import of ODS shall be allowed from
the year 2010 even against the valid advance authorization. RA shall make a
specific endorsement to this effect at the time of issuance of Advance
Authorisation.
- Import of ODS under DFIA would not be allowed.
This issues with the approval of Competent Authority.
Sd/-
(Tapan Mazumder)
Jt. Director General of Foreign Trade
Tele: 011-2306 1050
E-mail:[email protected]
(Issued from File No. 01/94/180/752/AM 09/PC 4)