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        Customs, DGFT & SEZ

        Influx of Chinese Firecrackers

        December 5, 2016

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        Import of “Fireworks” covered under Indian Trade (Harmonized System) classification [ITC(HS)] code 36041000 is ‘restricted’ and no one can import fireworks without a license/authorization from the Directorate General of Foreign Trade (DGFT). For last three years no license /authorization have been issued by DGFT. India has no trading agreements for import of firecrackers from China. Further, as per available data, no import of “fireworks” has taken place from China or any other country during the last three years and the current year (up to September 2016). However there have been cases of illegal imports of fireworks.

        The Customs Authorities and the Directorate of Revenue Intelligence (DRI) have made several seizures of illegally imported foreign origin firecrackers based on specific intelligence in places like Mundra; ICD, Dadri; Nhava Sheva; ICD, Loni; ICD, Tughlakabad; Raigad and Sangrur. Further, to curb the menace of illegal import and smuggling of these foreign made firecrackers, DRI has issued alert/ modus operandi circulars to sensitize the Customs field formations and also the Chief Secretaries and the Director Generals of Police of various State Governments on the issue.

        Petroleum & Explosives Safety Organization (PESO), under the Explosives Rules, through its field offices, has been taking action on seized fireworks including destroying them. Special drive is also undertaken by PESO during festival periods to ensure no foreign origin fireworks are stored or sold.

        Government has also been issuing press notices in English, Hindi and vernacular languages in National and Regional papers on a regular basis during the festive season, for the past few years, informing the public that possession and sale of fireworks of foreign origin in India is illegal and punishable under the law and that information about possession and/ or sale of such fireworks may be reported to the nearest police station for suitable action.

        The sale of fireworks is regulated by the Explosives Rules, 2008 framed under the Explosives Act, 1884 and a license is required for possession and sale of fireworks.

        This information was given by the Commerce and Industry Minister Smt. Nirmala Sitharaman in a written reply in Lok Sabha today.

        Import restriction on fireworks: authorization required and unlawful foreign-origin consignments face interdiction and destruction. Importation of fireworks under ITC(HS) code 36041000 is subject to a strict import restriction requiring authorization; no authorizations have been issued recently and lawful imports are absent, while enforcement agencies have interdicted illegal foreign-origin consignments and processing of seized fireworks under the explosives regulatory framework includes destruction and license-based controls on possession and sale.
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Import restriction on fireworks: authorization required and unlawful foreign-origin consignments face interdiction and destruction.

                              Importation of fireworks under ITC(HS) code 36041000 is subject to a strict import restriction requiring authorization; no authorizations have been issued recently and lawful imports are absent, while enforcement agencies have interdicted illegal foreign-origin consignments and processing of seized fireworks under the explosives regulatory framework includes destruction and license-based controls on possession and sale.





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                              ActsIncome Tax
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