F. No. 528/109/2011-STO (TU),
Government of India
Ministry of Finance
(Department of Revenue)
(Central Board of Excise and Customs)
Dated – 15th December, 2011.
Subject: Implementation of The Pneumatic Tyres and Tubes for Automotive Vehicles (Quality Control) Order, 2009 – reg.
Attention is invited to CBEC instructions F. No. 528/109/2011–STO (TU) dated 29.11.2011, on the issue of the implementation of the Pneumatic Tyres and Tubes for Automotive Vehicles (Quality Control) Order, 2009. Representations have been received in the Board seeking clarification on applicability of exemption under sub-clause 3(a) to (e) of the said Order.
As such, in continuation to the above mentioned Instructions, it is further clarified that in addition to the exemption under sub – clause 3(f) of the said Order which currently applies to total 316 pneumatic tyres, the tyres covered under sub-clause 3(a) to (e) are also exempted. These exemptions are as follows:
(a) Pneumatic tyres manufactured in India for exports;
(b) Pneumatic tyres imported by Original Equipment Manufacturers (OEM) and/or their authorized companies for fitment on vehicles or after sales, meant for exports;
Note:
In both cases (a) and (b) above, exports may be either directly as individual components or as part of a vehicle completely built or in drive away chassis form or in Completely Knocked Down (CKD) or Semi-Knocked Down (SKD) condition. Also nothing in the said Order shall apply in relation to pneumatic tyres required for export, which conforms to any specification required by the foreign buyer.
(c) Pneumatic tyres imported as part of Completely Built Unit (CBU), irrespective of the value of the CBU, so long as such pneumatic tyres meet the requirements of specified standard. In such cases self-declaration by CBU manufacturers in the vehicles manual to the effect that the tyres fitted in the vehicles meet the requirements of the BIS and they comply with the requirements under the Central Motor Vehicles Rules (CMVR), 1989, would suffice. If vehicles are already exempted by Director General of Foreign Trade (DGFT) notifications for homologation in India, self declaration will not be required;
(d) Pneumatic tyres imported or manufactured for research and development purposes;
(e) Pneumatic tyres imported by Original Equipment Manufacturers (OEM) for fitment on vehicles manufactured in India for domestic market (completely built or drive away chassis form). In such cases, self-declaration by the OEM in the vehicles manual to the effect that tyres fitted in the vehicles meet the requirements of BIS and that they comply with the requirements under the Central Motor Vehicles Rules (CMVR), 1989, would suffice;
2. As such, other than exempted pneumatic tyres, as provided under sub-clause 3 (a) to (f) of the Pneumatic Tyres and Tubes for Automotive Vehicles (Quality Control) Order, 2009, no person shall by himself or through any person on his behalf, import, store for sale, sell or distribute imported pneumatic tyres (which include pneumatic tubes) that do not conform to the specified standards and that do not bear the BIS Standard Mark.
(Subodh Singh)
OSD (Customs), Tariff Unit,
