Used tyres import: waste classification required fresh examination, and BIS certification was not required for old tyres.

Imported used tyres were held not to be conclusively established as waste pneumatic tyres on the existing record, because the inspection material did not clearly determine whether they were waste or usable tyres. The classification issue under the Hazardous Waste Rules therefore required fresh examination and the confiscation and re-export controversy was remitted for de novo adjudication. On BIS certification, the governing instruction was read as applying only to newly manufactured tyres and tubes, not to old and used tyres, so no BIS certificate was required for their import.

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Issues: (i) Whether the imported used tyres were conclusively shown to be waste pneumatic tyres requiring prior permission under the Hazardous Waste (Management, Handling and Transboundary) Rules, 2008 and justifying confiscation and re-export directions; (ii) whether a BIS certificate was required for import of used tyres.

Issue (i): Whether the imported used tyres were conclusively shown to be waste pneumatic tyres requiring prior permission under the Hazardous Waste (Management, Handling and Transboundary) Rules, 2008 and justifying confiscation and re-export directions.

Analysis: The inspection material did not give a clear and complete finding that the goods were waste only. The report also indicated that the tyres were used tyres capable of direct reuse. In the absence of a clear determination whether the goods were used tyres or waste tyres, the controversy could not be finally resolved on the existing record. The matter therefore required fresh examination by the adjudicating authority, including consideration of the Tribunal's earlier guidance on similar imports.

Conclusion: The issue was not finally decided on merits and was remitted for de novo adjudication.

Issue (ii): Whether a BIS certificate was required for import of used tyres.

Analysis: The board instruction relied upon showed that the BIS certification requirement was confined to newly manufactured tyres and tubes and not to old and used tyres. On that basis, the requirement could not be applied to the imported used tyres in question.

Conclusion: No BIS certificate was required for import of used tyres.

Final Conclusion: The confiscation-based controversy was sent back for fresh adjudication, while the objection regarding BIS certification was negatived.

Ratio Decidendi: Where the record does not clearly establish that imported used tyres are waste tyres, the classification as hazardous waste must be reconsidered on merits, and a BIS certificate cannot be insisted upon for old and used tyres when the governing instruction confines it to newly manufactured tyres and tubes.

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