Fresh testing of imported Rubber Processing Oil ordered to resolve conflicting hazard classification reports
Fresh testing of imported Rubber Processing Oil was directed because earlier reports were conflicting on whether the goods were hazardous or non-hazardous. Samples were to be redrawn in the presence of both sides and sent on priority to an approved laboratory in Maharashtra, or to an alternative laboratory if the first declined to test. The testing was to comply with the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008, and the applicants were required to bear the cost. The matter was left open to be mentioned again after receipt of the analysis report, without a final merits determination on classification.
Issues: Whether the sample of imported Rubber Processing Oil should be re-drawn and sent to an approved laboratory in Maharashtra for testing to determine whether the goods were hazardous or non-hazardous.
Analysis: The dispute turned on conflicting test reports regarding the nature of the imported goods. In view of the earlier writ proceedings, the Court found it necessary to secure a fresh and reliable analytical report by drawing samples in the presence of both sides and sending them to an approved laboratory suggested by the parties. It was further directed that if the first laboratory declined to test the sample, the sample be sent to the alternative laboratory identified by the parties. The testing was to be undertaken on priority and in accordance with the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008, with the cost to be borne by the applicants.
Conclusion: The sample was ordered to be re-drawn and tested in an approved laboratory, and the matter was left open to be mentioned again after receipt of the analysis report.
Final Conclusion: The order granted procedural directions for fresh testing of the goods and did not finally determine the merits of the hazard classification dispute.
TaxTMI 
AI Drafter ✕
TaxTMI 
TaxTMI 
