Applicability of Foreign Trade Policy 2023, E-Waste (Management) Rules 2022, and Hazardous & Other Wastes (Management & Transboundary Movement) Rules 2016 to the Import of Second-Hand Barebone Systems.

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....oms Brokers, members of the trade and other stakeholders is invited to the issue of import of second hand barebone systems, i.e., computer cabinets without Hard Disks, RAM and CPU etc. A number of cases of import of such goods have been noticed in the jurisdiction of this Commissionerate. In some cases, the goods have been confiscated under Section 111 of the Customs Act, 1962 on account of being in the nature of restricted goods and an option to redeem the said confiscated goods on payment of fine has been extended under Section 125 of the Customs Act, 1962. In these cases, the provisions of the Foreign Trade Policy, Electronics and IT Goods (Requirements of Compulsory Registration) Order, 2012 (CRO, 2012), the E-Waste Management Rules, 20....

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....ct, 1962. 2.3 Hazardous and Other Wastes (Management & Transboundary Movement) Rules, 2016: The provisions of the Hazardous and Other Wastes (Management & Transboundary Movement) Rules, 2016, notified by the Ministry of Environment, Forest and Climate Change vide GSR No. 395(E) dated 04th April, 2016, have not been invoked while dealing with the aforesaid cases. These Rules may be relevant for the purpose of determining the fate of the impugned goods. As per these Rules, wastes which have been specified under Part B and Part D of Schedule III for import or export, have been put into the category of "other wastes". Further, in Part-B of Schedule III, Entry B1110 includes "used electrical and electronic assemblies other than....

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.... import together with the prior consent of the exporting country in respect of Part A of Schedule III waste and shall send a copy of the application, simultaneously, to the concerned State Pollution Control Board for information and the acknowledgement in this respect from the concerned State Pollution Control Board shall be submitted to the Ministry of Environment, Forest and Climate Change along with the application. 5. 13(3) For Part B of Schedule III, in case of import of any used electrical and electronic assemblies or spares or part or component or consumables as listed under Schedule I of the E-Waste (Management and Handling) Rules, 2011, as amended from time to time, the importer needs to obtain extended producer responsibi....

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....t exporter or importer for violations under the Customs Act, 1962. 2.6. Further, as per rule 15 of the said Rules, the import of hazardous and other wastes into India shall be deemed to be illegal, if it is without permission and in such situation, the provisions of Rule 15 will be applicable. The provisions of Rule 15 are reproduced hereunder: "15. Illegal traffic.- (1) The export and import of hazardous or other wastes from and into India, respectively shall be deemed illegal, if .- (i) it is without permission of the Central Government in accordance with these rules; or (ii) the permission has been obtained through falsification, mis-representation or fraud; or (iii) it does not conform to the....