TaxTMI 
TaxTMI 
2011 (10) TMI 380
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.... a licence from the Director General of Foreign Trade. A copy of the licence issued by the Director General of Foreign Trade to the Petitioners is annexed to the Petition as Exhibit D. The licence which has been issued on 20 April 2011 inter alia contains the following endorsement : - "This import is permitted through Nhava Sheva Port, subject to the condition that the permission for import is valid till the validity of the authorisation issued by the Maharashtra State PCB and the item of import should not be contaminated with any other waste and the Board shall regularly monitor the unit and keep the Ministry of Environment and Forest informed. This license is issued subject to actual user condition besides other usual conditions of import license." The licence has been issued for a quantity of 20,000 M.Tons . 2. The Petitioners claim to have imported 'one cut' tyres and multiple cut and/or shredded tyres . According to the Petitioners, the First and Second Respondents viz. the Chief Commissioner of Customs and the Commissioner of Customs (Import) at JNPT Port have created obstacles in the import of both sets of goods on the ground that the Petitioners do not have permission / ....
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....een stated that no live consignment of the Petitioners is pending and the Petitioners are raising academic issues, in order to preempt the Customs Authorities from implementing the required tests prescribed for Hazardous cargo under Hazardous Wastes (Management, Handling and Transboundary Movement) Rules 2008. The Petitioners, it is stated in the reply, import two kinds of items which are sought to be governed by these proceedings. The first is Used rubber type with one cut in bead wire while the second is "Shredded types (Tyre waste)". While the first item is under the Open General Licence and freely importable under the ITC (HS), the second item is a restricted item for which a licence from the Director General of Foreign Trade is required. Both the items are classified under Heading 4004 of the Customs Tariff which deals with "Waste pairing and scrap and rubber of waste, Pairing and scrap of Rubber (Other than Hard Rubber)". Waste pneumatic tyres also fall under Sr. No.3140 of Part B of Schedule III of Hazardous Wastes (Management, Handling and Transboundary Movement) Rules 2008, and it has been stated that such goods can be imported only with the permission of the Ministry of E....
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....e Petition is that no permission or licence is required of the Third Respondent, Ministry of Environment and Forests, under the provisions of the Environment (Protection) Act 1986 and the Rules made thereunder . In order to elicit assistance on the correct position in law, notice was issued to the Third Respondent which has filed an affidavit as noted above. 8. The Central Government has issued the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules 2008 in exercise of powers conferred by the Environment (Protection) Act 1986. Rule 2(l) defines the expression "hazardous waste" as follows : "2(1) "hazardous waste"means any waste which by reason of any of its physical, chemical, reactive, toxic, flammable, explosive or corrosive characteristics causes danger or is likely to cause danger to health or environment, whether alone or when in contact with other wastes or substances, and shall include - (i) waster specified under column (3) of Schedule I, (ii) wastes having constituents specified in Schedule II if their concentration is equal to or more than the limit indicated in the said Schedule, and (iii) wastes specified in Part A or Part B of the Schedule III i....
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....lities and arrangement for treatment and disposal of wastes generated; and (iii) a valid registration from the Central Pollution Control Board and proof of being an actual user, if required. Under sub rule (3) the Ministry of Environment and Forests has to forward a copy of the permission granted under sub rule (2) to the Central Pollution Control Board, the concerned State Pollution Control Board and to the concerned Port and Customs authorities for ensuring compliance of the conditions of imports and safe handling of the hazardous waste. Under sub rule (4) the Ministry of Environment and Forests has to communicate its permission to the importer. The role of the Port and Customs authorities is specified in sub rule (5) of Rule 16. The Port and Customs authorities have to ensure that the shipment is accompanied by the movement document in Form 9 and the test report of analysis of the hazardous waste consignment in question, from a laboratory accredited by the exporting country or the inspection and certification agency approved by the Director General of Foreign Trade. In sub rule (6) the Customs authorities have to collect three samples of the consignment prior to clearance for an....
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....t view of the matter, the permission of the Ministry of Environment and Forests is required. 14. Prayer clause (b) seeks a direction to the Director General of Foreign Trade not to insist upon any licence for importing tyres with one cut in bead wire (in two pieces). The affidavit which has been filed by the First and Second Respondents is clear. As clarified on the affidavit, used rubber tyres with one cut in bead wire fall under the OGL whereas shredded tyres (tyre waste) are a restricted item for which a licence from Director General of Foreign Trade is required. Consequently, the license which is issued to the Petitioners as annexed to the Petition is for the import of tyre scrap (multi cuts/ shredded) for manufacture of Biofuel oils and Carbon Black subject to the terms of the licence . In view of the clarification which is placed on the record in the affidavit, no further directions are necessary. No live consignment is pending clearance. Upon arrival of any consignment, it is for the Customs authorities to inspect and examine the consignment and follow the procedure established by law. 15. As regards prayer clause (c), the Petitioners seek a direction that the consignment ....