Import of secondhand/used electrical and electronic assemblies Applicability Hazaradous Waste (Management, Handling and transboundary Movement) Rules - reg. - Customs - 14/2015

OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS AIRPORT AIR CARGO COMPLEX, C.R. BUILDING P.B. No. 5400, QUEEN'S ROAD, BENGALURU- 560001 C.No. VIII/48/02/2014 Air Tech Date: 14.08.2015 PUBLIC NOTICE No. 14/2015 Subject : Import of secondhand/used electrical and electronic assemblies Applicability Hazaradous Waste (Management, Handling and transboundary Movement) Rules - reg. Attention is invited to Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008, Note 8(B) of General Notes regarding Import Policy and Board's Circular No.27/2011-Cus dated 04.07.2011. 2.1 Note 8(B) of General Notes to import policy specifies that the import of Hazardous Waste shall be subject to the provisions of Chapter IV of Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008 ('the Rules' for short). As per Rule 14 of the said Rules, import and export of hazardous wastes specified in Schedule Ill shall be regulated in accordance with the conditions specified therein. The procedure for import of Hazardous Waste is laid down in Rule 16 of the said Rules. Entry BIIIO of the said Schedule Ill covers 'electrical and electronic assemblies'. 2.2 As per the said Rules, hazardous waste includes secondhand/used electrical and electronic goods for direct reuse. Accordingly such goods are allowed for import only with the permission from the Ministry of Environment and Forests and/or with the requisite Licence issued by DGFT, as the case may be. 3. Of late, instances of imports of used/secondhand Electrical/Electronic devices without such permissions and/or Licence have come to notice. Further, few instances of import of such goods by individuals for personal use through courier mode have also come to notice. It is to be observed that the provisions of Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008 are applicable to all such imports irrespective of whether the import is through Cargo mode or the Courier mode. Accordingly, it is clarified that import (including import by individuals for personal use) of second hand computers, mobile phones, Tablets and other electrical/electronic devices etc., through courier mode, is subject to permission from Ministry of Environment and Forests. Any imports made in contravention of the Rules, are liable for action, including penal action, under the provisions of the Customs Act, 1962. It is to be further observed that, in terms of Regulation 13(b) of the Courier Imports and Exports (Clearance) Regulations, 1998, the Authorised Couriers are obliged to advise their clients to comply with the provisions of the Customs Act, 1962 and the rules and regulations made thereunder and in case of non-compliance thereof bring the matter to the notice of the Assistant Commissioner of Customs or the Deputy Commissioner of Customs. 4. Above is brought to the notice of all concerned for compliance. The Authorised Couriers are requested to suitably advise their clients so as to avoid penal action and delay in clearance. (Sandeep Prakash) Commissioner