BORN IN INDIA I SERVED FROM INDIA I TO THE GLOBE

Dated: 22.01.2022

Import of New Tyres in India for Off The Road Purposes

S.J. EXIM Services team looks at the mandatory steps that need to be taken to import New Tyres in India for Off The Road (OTR) purposes.

Key Points:

1. Imports must ensure that they import only OTR Tyres and not regular Pneumatic Tyres
2. The Tyres should NOT be covered under the Quality control order (QCO). Tyres exempted from QCO are also exempted from BIS registration
3. Markings to identify exempted tyres from mandatory QCO are-  

1. Commercial Vehicle: Speed below 80 KMPH marked with Speed Symbols A (A1 to A8), B, C, D or E
2. Off The Road Tyres: Markings on OTR are C (C1, C2), E (E1 to E4 & E7), G (G1 to G4), L (L2 to L5, L3S to L5S), IND or NHS
3. Run Flat Tyres: Marking RF

1. HS Codes which are exempted from compulsory DGFT Import licensing as per DGFT Notification No 12/2015-20 dtd 12^th June 2020

1. 4011 3000 – Of a kind used on aircraft
2. 4011 7000 – Of a kind used on agricultural or forestry vehicles and machines
3. 4011 8000 – of a kind used on construction, mining or industrial handling vehicles
4. 4011 9000- Others (OTRs would fall under this HS Code)

1. CESTAT Bangalore Quashes the Order of Customs Appeals which had asked for the confiscation of goods and penalty on importing tyres for off the roading purposes at ICD Whitefield Bangalore

Conclusion: You can import tyres which are for OTR purposes in India without any BIS or DGFT license under ITC(HS) 4011 9000. At the same time Importers can also import the tyres under CTH 4011 8080 and claim the benefit of notification No.46/2011-CUS dated 01.06.2011.

Download the Notifications/Orders below:

1. DGFT Notification: DGFT Notification No 12 dtd 12.06.2020
2. CESTAT Ruling: The Tyre Mark-CESTAT

Source: CESTAT, Bangalore

In case you face any issues related to Indirect Tax-Customs, GST, Foreign Trade Policy (FTP), Arbitration matters and Central Licensing and related advisory matters in India then please feel free to get in touch with SJ EXIM Services. We offer Legal advice and litigation support in matters related to Indirect Tax-Customs, FTP, other Indirect Tax matters & Arbitration law, all sorts of Central licensing and related matters. Come and explore the new way of doing business with us!

Connect with us

@ Team S J EXIM SERVICES, New Delhi, IN

CP: Ms. Shubhra Jha/+91-9999005693

Web: www.sjexim.services

EMAIL: operations@sjexim.services | shubhra@sjexim.services

Facebook: Facebook Page

“We Design & Create Solutions for Government, Corporates, MSME & Individuals across Industry Verticals”

Disclaimer:

1. The views are of the Author based on his/her interpretation of the relevant information/documents, applicable law, and government policy and there is no assurance that a court or tribunal or regulatory body or other governmental authority may not interpret it differently.
2. We are not responsible for updating or revising this article on account of any change in law or interpretation thereof or a change in events or circumstances informed or occurring after the date of this article unless specifically requested for it.
3. Our advice should not be taken or used out of context or reproduced for any other purpose or transaction. Views expressed in this update are strictly personal, based on our understanding of the underlying law. We are not responsible for any injury, loss or cost arising to any person who refers to this update and acts or refrains from any act accordingly. We would suggest that detailed legal advice must be sought before relying on this update.

NOTE: All Inquiries/Pro Bono Consulting/Assignments are solicited via email only & it is a PAID Service only!