OFFICE OF THE PR. COMMISSIONER OF CUSTOMS (NS – I),
APPRAISING MAIN (IMPORT),
JAWAHAR LAL NEHRU CUSTOM HOUSE, NHAVA-SHEVA,TALURAN,
RAIGAD-400707,911 MAHARASHTRA
(e-mail:appraisingmain.jnch(q)gov.in; Telephone No.022-27244979)
Date: 22.02.2023
STANDING ORDER 04/2023
Subject: Clarification about applicability of Plastic Waste Management Rules, 2016, as amended from time to time, on imported goods-reg.
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Plastic Waste Management Rules, 2016 have been amended to introduce Schedule 11 to said Rules, vide Plastic Waste Management (Amendment) Rules, 2022. Accordingly, Extended Producer Responsibilities on producer, importer and brand owner have been made applicable to both pre-consumer and post-consumer plastic packaging waste. As per the definition of “Importer”, as provided at Rule 3(f) and obligations mentioned at Rule 6 of the Schedule II of Plastic Waste Management (Amendment) Rules, 2022, a person who imports plastic packaging product or products with plastic packaging or carry bags or multilayered packaging or plastic sheets or like, is under an obligation to get registered on the Centralized portal developed by Central Pollution Control Board and without which the importers are barred from carrying out any business. Relevant paras of the Rules are mentioned below for ready reference.
Rule 3(f)-“Importer” means a person who imports plastic packaging product or products with plastic packaging or carry bags or multilayered packaging or plastic sheets or like;
Rule 4(ii) – Importer (I) of all imported plastic packaging and / or plastic packaging of imported products;
Rule (6.1) (a) The following entities shall register on the centralized portal developed by Central Pollution Control Board namely:
Producer (P); (ii) Importer (I); (iii) Brand owner (BO); (iv) Plastic Waste Processor engaged in (a) recycling, (b) waste to energy, (c) waste to oil, and (iv) industrial composting,
Rule (6.2) The entities covered under clause 6.1 shall not carry any business without registration obtained through a centralized online portal developed by Central Pollution Control Board.
2. It thus, emerges that the importers of various items such as primary products, chemicals, machinery, textiles, articles etc. which are not plastic packaging but are coming packed in plastic packaging are also required to take said EPR registration. However, it is gathered that since this is a new requirement, the said registration is taking time upto 3-4 months and till then clearance of imported consignments cannot be held up resulting in disruption of supply chains and inflated dwell time in Customs clearance. Thus, in order to facilitate trade and in order to keep a check on the dwell time, the following procedure is adopted for faster clearance of the Bills of Entry filed for import of goods other than plastic packaging, such as primary products, chemicals, textiles, articles, etc., wrapped or packed in plastic packaging :-
(i) Importers of goods which are not plastic packaging, but are coming wrapped or packed in plastic packagings, such as machinery, textile, etc., are required to upload the EPR registration in e-sanchit at the time of filing of the Bills of Entry to avoid any query on this issue.
(ii) Where EPR registration is not available at the time of filing of Bill of Entry, though the importer had applied for the same on the CPCB portal, the Importer is required to upload the Application status in e-Sanchit. Goods shall not be kept on hold by the Customs Authorities and the consignment shall be released and the officer giving Out of Charge shall maintain the record of such consignments in the format attached to this Standing Order, to enable monitoring of the Importer having eventually obtained the EPR registration or otherwise.
(iii) Where the importer has not filed an EPR application on the CPCB portal at the time of filing of Bill of Entry and subsequently files the said application, i.e. after the filing of Bill of Entry, such cases will also be dealt with in the same manner as deliberated in point (ii) mentioned above.
(iv) All officers giving Out of Charge shall forward the list of such consignments on a monthly basis to the Deputy Commissioner (Appraising Main) Section by the 5th of the following month. Based on the same, Deputy Commissioner (Appraising Main) shall forward to the CPCB, the complete list of consignments cleared by JNCH in the previous month where EPR registration was not available with the Importer at the time of clearance of goods, but the application had been filed on the portal of CPCB. This shall be completed by Deputy Commissioner (Appraising Main) by the 20th of every month.
3. If CPCB rejects any such application of an Importer, action against such consignment and the Importer shall be taken by the concerned Appraising Groups under Sections 111 & 112 of the Customs Act, 1962.
4. This Standing Order shall come into force with immediate effect and any difficulty in the implementation of the above-said directions may be communicated to the Commissioner of Customs, NS-I, JNCH.
5. Standing Order No. 03/2023 dated 08.02.2023 on the same subject stands superseded by this Standing Order.
6. This issues with the approval of the Chief Commissioner of Customs, JNCH.
(Dipak Kumar Gupta)
Commissioner of Customs,
Appraising Main (I),
JNCH, Nhava Sheva
Copy to:
1. The Chief Commissioner of Customs, Mumbai Zone-II, JNCH for information.
2. The Commissioner of Customs, NS-G/NS-I/NS-11/NS-111/NS-Audit/NS-V, JNCII.
3. All Additional/Joint/Dy./Astt. Commissioners of Customs, JNCI I.
4. All Sections/Group of NS-G/NS-1/NS-11/NS-111/NS-Audit/NS-V,INCH.
5. Representative of BCBA/WISA/Members of PTFC for information and circulation among their members and other importers for information.
6. DC, EDI for uploading on the JNCH website.
7. Office Copy.
ANNEXURE
| Section wise details of Consignments Out of Charged on the basis of Application made on CPCB portal but prior to actual issuance of certificate Plastic Waste Management Rules, 2016 | ||||||
| Name of 00C Section:‑ | ||||||
| For the Month of :‑ | ||||||
| Sr. No. | IEC | Importer Name | B/E No. | B/E Date | CPCB registration no. shown in
Application status web |
Receipt date of CPCB Application shown in Application status web page age |
Signed by Oipak Kumar
Gupta
Date: 22-02-2023 12:23:48
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