OFFICE OF THE PR. COMMISSIONER OF CUSTOMS (NS – I),
APPRAISING MAIN (IMPORT),
JAWAHAR LAL NEHRU CUSTOM HOUSE, NHAVASHEVA,TAL-URAN,
RAIGAD-400707, MAHARASHTRA
(e-mail:[email protected]; Telephone No.022-27244979)
Standing Order 03/2023 | Date: 08.02.2023
Subject: Clarification about applicability of Plastic Waste Management Rules, 2016, as amended from time to time, on imported goods-reg.
Plastic Waste Management Rules, 2016 have been amended to introduce Schedule II 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 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, 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 309-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 online centralized portal developed by Central Pollution Control Board.
2. It thus, emerges that besides the importers of plastic packaging, 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 up to 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, following procedure is adopted for faster clearance of the Bills of Entry :-
(i) Importers of goods which are not plastic packaging, but are coming wrapped or packed in plastic packaging, 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 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) All officers giving Out of Charge shall forward the list of such consignments (which were given Out of Charge even though EPR registration was not submitted by the importer and only application to CPCB portal was submitted by the importer), on monthly
basis to the Deputy Commissioner (Appraising Main) Section by 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 application had been filed on the portal of CPCB. This shall be completed by the Deputy
Commissioner (Appraising Main) by 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 implementation of above said directions may be communicated to the Commissioner of Customs, NS-I, JNCH.
5. This issues with the approval of the Chief Commissioner of Customs, JNCH.
(Dipak Kumar Gupta)
Commissioner of Customs,
Appraising Main (I),
JNCH, NharvaSheva
Copy to:
1. The Chief Commissioner of Customs, Mumbai Zone-II, JNCH for information.
2. The Commissioner of Customs, NS-G/NS-I/NS-II/NS-III/NS-Audit/NS-V, JNCH.
3. All Additional/Joint/Dy./Astt. Commissioners of Customs, JNCH.
4. All Sections/Group of NS-G/NS-I/NS-II/NS-III/NS-Audit/NS-V, JNCH. 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 |
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| 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 page | Receipt date of CPCB Application shown in Application status web page |
EEPR REGISITRATION – PLASTIC MANAGEMENT
We are manufacturer exporter of readymade garments. We import printed poly bags from nominated supplier and exported as packing material of the same in full quantity and there is no waste management from at our end.