09 (RE-2013) 2009-2014 dt 22.04.2013
 

Amendment in Chapter 29 and Chapter 38 of ITC(HS), 2012 Schedule 1 (Import Policy).

To be Published in the Gazette of India Extraordinary
Part-II, Section - 3, Sub-Section (ii)
 
Government of India
Ministry of Commerce & Industry
Department of Commerce
Udyog Bhawan
 
Notification No 9 (RE–2013)/2009-2014
New Delhi, Dated: 22nd April, 2013
 

Subject: Amendment in Chapter 29 and Chapter 38 of ITC(HS), 2012  Schedule 1 (Import Policy).
 
S.O.(E) In exercise of powers conferred by Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 (No. 22 of 1992), read with paragraph 2.1 of the Foreign Trade Policy, 2009-2014, as amended from time to time, the Central Government hereby makes the following amendments in the  ITC (HS) 2012, Schedule 1 (Import Policy):
 
2.             Consequent to a review, import policy of the following items in Chapter 29 and Chapter 38 is revised from ‘restricted’ to ‘free’ as they are not Ozone Depleting Substances. After revision, the import policy is as under:
Exim Code Item Description Policy Policy Conditions
2903 19 10 Tetrachloroethane Free  
3824 78 00 Containing perfluorocarbons (PFCs)orhydrofluorocarbons (HFCs), but not containing chlorofluorocarbons (HCFCs) Free  
 
3.             Import policy of the following items in Chapter 29 and Chapter 38 is revised from ‘free’ to ‘restricted’ as they are Ozone Depleting Substances. After revision, the import policy is as under:
Exim Code Item Description Policy Policy Conditions
2903 19 20 Trichloroethane Restricted Import permitted as per Policy Condition 1 below.
3808 91 22 Methyl bromide Restricted Import permitted as per Policy Condition 3 below.
3824 71 00 Containing chlorofluorocarbons (CFCs), whether or not containing hydrochlorofluorocabons (HCFCs), perfluorocarbons (PFCs) or hydrofluorocarbons (HFCs) Restricted Import permitted as per Policy Condition 3 below.
3824 72 00 Containing bromochlorodifluoromethane, bromotrifluoromethane  or dibromotetrafluoro-ethanes Restricted Import permitted as per Policy Condition 3 below.
3824 73 00 Containing Hydrobromofluorocarbons (HBFCs) Restricted Import permitted as per Policy Condition 3 below.
3824 74 00 Containing Hydrochlorofluorocarbons (HCFCs), whether or not containing perfluorocarbons (PFCs) or hydrofluorocarbons (HFCs), but not containing chlorofluorocarbons (CFCs) Restricted Import permitted as per Policy Condition 3 below.
3824 75 00 Containing carbon tetrachloride Restricted Import permitted as per Policy Condition 3 below.
3824 76 00 Containing 1,1,1-trichloroethane (methyl chloroform) Restricted Import permitted as per Policy Condition 3 below.
3824 77 00 Containing bromomethane (methyl bromide)or bromochloromethane Restricted Import permitted as per Policy Condition 3 below.
 
4.             The following Policy Condition is inserted after Policy Condition 2 appended to Chapter 38 ITC (HS) 2012, Schedule 1 (Import Policy):
“(3)  Import is permitted by actual users against a licence from a country which is a party to the “Montreal Protocol on Substances that Deplete the Ozone Layer”. List of countries which are parties to the Montreal Protocol (details can be accessed from website: www.unep.org/ozone) is in Appendix IV to this Schedule. However, import from countries, which are not parties to the Montreal Protocol is ‘Prohibited’.”
 
5.             Part A, B and C of Appendix IV to ITC (HS) 2012, Schedule 1 (Import Policy) have been revised and substituted as at Annexure to this Notification.
 
6.             Effect of this Notification:
Import of items containing Ozone Depleting Substances (ODS) has been restricted and non-ODS items have been made free.  A revised list of countries which are parties to the Montreal Protocol under Appendix IV to Schedule 1 is notified.
Annexure: Part A (1 Page); Part B (1 Page)& Part C (1 Page) 

(Anup K. Pujari)
Director General of Foreign Trade
E-mail: dgft[at]nic[dot]in

(Issued from 01/93/180/1036/AM-99/PC 2(A))

Opinion

Import of items containing Ozone Depleting Substances (ODS) has been restricted and non-ODS items have been made free.  A revised list of countries which are parties to the Montreal Protocol under Appendix IV to Schedule 1 is notified and import is permitted by actual users against a license from a country which is party to the Montreal Protocol