Dated: 12th Janโ2016
Import Licensing Notes for Chapter 40- Tyre Imports in India
In reference of F.No. 528/109/2011-STO (TU) dated 12th July-2013 which specifically deals with the clarification of old and used pneumatic tyres and tubes for automotive vehicles which confirming the requirement of consent from the Ministry of Environment and Forest. The clarification contains the following salient points which I am stating in brief:-
- Subject to certain exceptions Old and used tyres cannot be imported to India which are not having Bureau of Indian Standards (BIS) markings.
- Now regarding no-BIS marked tyres manufactured prior to 13.05.2011, the above rule is not applicable for imported tyres.
- As per Foreign Trade Policy, re-treaded or used Pneumatic Tyres under ITC (HS) codes 40121100, 40121200, 40121300, 40121910, 40121990, 40122010, 40122020 is โRestrictedโ. These imports are subject to Policy Condition 1 of Chapter 40 of ITC (HS), 2012 Schedule I (Imports). However, import of used rubber tyres with one cut bead wire is free under ITC (HS) code 40040000 (Other: Waste, parings and scrap of rubber (other than hard rubber) and powders and granules obtained therefrom);
- Imports of re-treaded or used tyres are allowed subject to compliance of the provisions of :-
a) Foreign Trade Policy
b) consent / permission from the Ministry of Environment and Forest as stipulated in the Hazardous Wastes (Management, Handling and Trans boundary Movement) Rules 2008.
- Suitable instructions in the matter may be issued to field formations for strict compliance and pending cases if any, may be decided accordingly.Now The Control of Trans boundary Movements of Hazardous Wastes and Their Disposal, usually known as the Basel Convention, is an international treaty that was designed to reduce the movements of hazardous waste between nations, and specifically to prevent transfer of hazardous waste from developed to less developed countries (LDCs). As on February 2014, 180 states and the European Union are parties to the Convention.As per PART-B – [Annex IX of the Basel Convention*] – Basel No. B-4010 – Says
Prior information or consent are not required for the import or export of Wastes pneumatic Tyres excluding those which do not lead to resource recovery, recycling, reclamation or direct reuse.
BIS CATEGORIES FOR MANDATORY REGN:
- IS 15627: Automotive vehicles โ Pneumatic tyres for two and three-wheeled
motor vehicles;
- IS 15633: Automotive vehicles – Pneumatic tyres for passenger car vehicles โ
Diagonal and radial ply
- IS 15636: Automotive vehicles – Pneumatic tyres for commercial vehicles –
Diagonal and radial ply
Categories of Non-BIS Tyres: List annexed as pdf document
Clarification regarding applicability of the Pneumatic Tyres and Tubes for Automotive Vehicles (Quality Control) Order 2009 for used tyres โregarding.
Reference has been received regarding applicability of the Pneumatic Tyres and Tubes for Automotive Vehicles (Quality Control) Order 2009 in case of old and used pneumatic tyres and tubes for automotive vehicles, requirement of consent from the Ministry of Environment and Forest, and the date of applicability of the said Quality Order for imported goods.
- This issue was examined by Board in consultation with the Department of Industry & Policy & Promotion (DIPP), and Directorate General of Foreign Trade, Ministry of Commerce & Industry. The Pneumatic Tyres and Tubes for Automotive Vehicles (Quality Control) Order 2009, is applicable to newly manufactured tyres and tubes and old and used tyres are not covered under this order. With the implementation of the Quality (Control) Order, 2009 for Pneumatic Tyres and Tubes for Automotive Vehicles with effect from 13.05.2011, no such tyres can be imported in the country without BIS marking (except certain exemptions provided in the Order).
- Doubts have also been raised whether the order of the honourable Delhi High Court in a matter pertaining to Automobile Tyre Manufacturers Association (ATMA) versus Union of India and others (W.P. (C) 4098/2011 dated 06.07.2011) regarding no-BIS marked tyres manufactured prior to 13.05.2011 will apply to imports or not. It is clarified that the observations made by honourable Delhi High Court in its Order dated 06.07.2011 in W.P. (C) 4098/2011 dated 06.07.2011 would be applicable only to domestic manufacturers and tyre dealers in respect of such stock of tyres manufactured prior to 13.05.2011, and not to imports of tyres.
- As per Foreign Trade Policy, retreaded or used Pneumatic Tyres under ITC (HS) codes 40121100, 40121200, 40121300, 40121910, 40121990, 40122010, 40122020 is โRestrictedโ. These imports are subject to Policy Condition 1 of Chapter 40 of ITC (HS), 2012 Schedule I (Imports). However, import of used rubber tyres with one cut bead wire is free under ITC (HS) code 40040000.
- In view of the aforesaid, it is clarified that imports of retreaded or used tyres are allowed subject to compliance of the provisions of the Foreign Trade Policy, and the requirement of consent / permission from the Ministry of Environment and Forest as stipulated in the Hazardous Wastes (Management, Handling and Trans boundary Movement) Rules 2008.
- Suitable instructions in the matter may be issued to field formations for strict compliance and pending cases if any, may be decided accordingly.
Source: Ministry of Commerce & BIS Govt. of India
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