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CPCB Registration - EXTENDED PRODUCER RESPONSIBILITY

Mukesh Mudi

We have imported a shipment of material under 39232100. unfortunately the goods arrived before we registered with CPCB for Importers (CBIC INSTRUCTION NO.09/2022-CUSTOMS DATED 22-06-2022) as per PARA 6.5 OF THE GUIDELINES ON EXTENDED PRODUCER RESPONSIBILITY FOR PLASTIC PACKAGING UNDER RULE 9(1) OF SCHEDULE-II OF THE PLASTIC WASTE MANAGEMENT (AMENDMENT) RULES, 2022 (REFER GSR 133(E) DATED 16-02-2022 OF THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE) AND CBIC INSTRUCTION NO.09/2022-CUSTOMS DATED 22-06-2022., meanwhile we applied for application and has been in approved status on CPCB site.

Now the assessing officer is arguing that the certificate is after the Bill of lading date which is violation of registration as per PARA 6.5 OF THE GUIDELINES ON EXTENDED PRODUCER RESPONSIBILITY FOR PLASTIC PACKAGING CBIC INSTRUCTION NO.09/2022-CUSTOMS DATED 22-06-2022.

Need assistance how to clear the goods as Assessing officer is not agreed for the approved registration as well as the registration. He is focusing on the date of Bill of Lading is prior to Registration.

Extended producer responsibility: goods may be cleared on payment of penalty when registration postdates the bill of lading. Importer brought goods prior to obtaining CPCB EPR registration as required by the EPR Guidelines and CBIC Instruction; registration was approved after the bill of lading date but the assessing officer disputes its validity for clearance. The practical advice recorded is that goods may be cleared by customs upon payment of the applicable fine and penalty where registration postdates the bill of lading. (AI Summary)
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Raghunandhaanan rvi on Nov 11, 2022

in such a case, goods can be cleared on payment of fine and penalty

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