OFFICE OF THE COMMISSIONER OF CUSTOMS NS-I & III
JAWAHARLAL NEHRU CUSTOM HOUSE, NHAVA-SHEVA.
TAL: URAN, DIST: RAIGAD, MAHARASHTRA-400 707.
F.No. S/22-Gen-90/2014-15 AM (I) NS-III, Date:27.03.2015
PUBLIC NOTICE NO. 28/2015
SUBJECT: Import of Second Hand Tyres for direct use– Regarding.
Attention of the Trade, Customs Brokers and all concerned is invited towards OM issued by the Ministry of Environment & Forests F No 23-4/2009 HSMD(pt) dated 24.11.2014 is reproduced below:
The matter herein pertains to import of second hand tyres for direct use purpose. The import of ‘waste pneumatic tyres, excluding those which do not lead to resource recovery, recycling, reclamation or direct reuse’ falls under Schedule III B (B3140) of Hazardous Waste (Management, Handling and Trans-boundary Movement) Rules, 2008 and hence is regulated for the purpose of import/ export. Accordingly, the applicant has to apply to this Ministry for import of used tyres for any purpose including for re-use purpose.
2. However, as far as import of used tyres for direct reuse is concerned the matter was discussed in 33rd Technical Review Committee (TRC) meeting held on 28.10.2014 in the Ministry. The Committee is constituted under the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008. The Committee’s observations on the issue are as given below:
i. There is adequate capacity for tyre manufacturing in the country and in fact tyres manufactured in India are exported. Therefore there is no need to import second hand pneumatic tyres.
ii. There is an order dated 11th February 2010 from the Ministry of Commerce and Industry, DIPP which says “no person shall be himself or through any person on his behalf, manufacture, import, store for sale, sell or distribute Pneumatic tyres which do not conform to the Specified Standard and which do not bear the Standard Mark of the Bureau on obtaining Certification marks license”.
iii. Thus all tyres used in the country must have BIS certification except for tyres imported by Original Equipment Manufacturer (OEM)and distributed through their authorized dealers.
iv. There is no simple test for determining the road safety.
v. There is no simple test for determining the road safety or the residual life of tyres which could be used by the Customs.
3. Taking into account the above observations and related recommendations of the Committee, it is to inform that import of second hand tyre in the country for direct re-use is not permitted.
2.This is brought to the information of the Trade, Customs Brokers and all concerned for their information.
3.Difficulties, faced if any, in implementation of this Circular may kindly be brought in the notice of Additional Commissioner, Centralised Appraising Main, NS-III.
(SEEMA JERE BISHT)
COMMISSIONER OF CUSTOMS,
NS-I & III