Import of multifunction print and copying machines treated as outside hazardous waste limits, with release directed on similar terms.

Imported digital multifunction print and copying machines were treated as not falling within the restricted or hazardous waste category, relying on earlier co-ordinate orders concerning similar goods. On that basis, the goods were directed to be released to the importer on similar terms as the earlier order. The note also records that inspection could be carried out where necessary, and that the importer retained the right to seek waiver of detention and demurrage charges under the applicable cargo handling regulations.

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Issues: Whether the imported digital multifunction print and copying machines were liable to be released to the importer and whether they fell within the restricted or hazardous waste category.

Analysis: The order proceeds on the basis of earlier co-ordinate orders concerning similar goods and records that the machines had already been held not to be in the restricted category. On that footing, the goods were treated as not falling within the definition of hazardous waste under Rule 3(1)(iii) of the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008. The release was directed on the same terms as the earlier order, including inspection where necessary and the right to seek waiver of detention and demurrage charges under Regulation 6 of the Handling of Cargo in Customs Area Regulations, 2009.

Conclusion: The goods were ordered to be released in favour of the importer on similar terms.

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