OFFICE OF THE COMMISSIONER OF CUSTOMS (NS-IV),
MUMBAI ZONE-II, JAWAHARLAL NEHRU CUSTOM HOUSE,
NHAVA SHEVA, TALUKA: URAN, DISTRICT: RAIGAD,
F. No. S/22-Gen-38/201 5- 16/AM(X)/(Part-I)
PUBLIC NOTICE NO. 46/2017
Sub: Procedure for clearance of export cargo categorised as “Hazardous Goods”; reg.
Attention of the Importers, Exporters, General Trade, Port Terminal Operator, Shipping Lines / Shipping Agents, CFSs coming under the jurisdiction of JNCH, Nhava Sheva and all other stakeholders is invited to various other decisions communicated through Public Notices issued from time to time for smooth clearing of export consignments and to reduce dwell time of export.
2. It has been noticed that “Containers declared to be containing Hazardous cargo are allowed Direct Port Entry without examination, even if RMS Instructions are for “Open & Examination”. It was explained that reason for such practice is difficulty in examination of such cargo. As per the practice followed, in such cases the concerned examining officer obtains a waiver from the AC/DC in charge of the docks for ignoring the’ open and examination’ order given by the system.
3. It has been decided to revisit the present practice considering the probability of smuggling in the garb of Hazardous cargo as it is never examined and allowed to be exported as it is. In view of recent detections of contrabands concealed in “hazardous cargo”, it becomes imperative to review the examination process of the “hazardous cargo”.
4. Basically “hazardous cargo” is categorized into 9 classes from 1 to 9 depending on the nature of the cargo. The technical details about these 9 classess are enclosed as Annexure-“A” to this Public Notice. A note about “Reading Hazardous Materials Placards” is also enclosed as Annexure-“B” to this Public Notice.
“HAZARDOUS CARGO” OF CLASS 5 , CLASS 8 AND CLASS 9 ,
5. Analysis of the degree of danger in each class of the “hazardous cargo” reveals that there exists a health and environmental hazards in case of all classes of such However, it appears that in case of class 5 , class 8 and class 9 ,there is relatively low probability of potential health hazard as compared to others. Each cargo should be accompanied by
1. ISO certificate, if available,
2. Cargo analysis report;
3. Material safety Data Sheet (in order to distinguish the category and class of the “hazardous cargo”).
“HAZARDOUS CARGO” OF CLASS 5 , CLASS 8 AND CLASS 9 [REFER AN N EXU RE-“A”]
6. In case of class 5, class 8 and class 9 of Hazardous Cargo, there is relatively low probability of potential health hazard as compared to others. Hence, in such cases a percentage of cargo should be opened and examined in CFSs (authorised to handle “hazardous cargo”) under expert supervision of trained personnel provided by the exporters (at the time of examination), whenever examination of such cargo is required.
OTHER HAZARDOUS CARGO” [OTHER THAN CLASS 5 , CLASS 8 AND CLASS 9]
7. It has been decided that following procedure should be adopted for verification of cargo contained in such Containers so as to comply with RMS instructions:
i. In case of other cargo, especially for the goods falling under the category of other classes, the goods cannot be opened and examined in the shed as it poses great danger to health as well as the environment. Hence, the containers / goods, which are earmarked for examination (as per RMS Instructions) should be scanned at JNCH scanning site at Distripark.
ii. For such consignments, examination of the cargo may be temporarily waived and cargo may be allowed after Let Export Order (LEO) as per the existing On its way to Port, the container need to be scanned at the scanner and due stamping by the scanning officer need to be taken on the movement slip certifying it clean and goods to be as declared. While allowing the container inside the port the slip need to be checked and ensured it to be stamped clean by the scanning officer before allowing it inside the port.
iii. Officers posted to Scanning will ensure that such export containers are scanned on priority.
iv. Whenever, if suspicion arises as a result of scanning, the result should be communicated to SIIB(X) and Boarding Officer immediately so as to ensure that such export containers are not allowed to be loaded on ship before such export containers are examined and found to be proper.
7.1 The procedure of first issuing LEO and subsequent sending such export containers to scanning has been adopted to ensure smooth flow of trade. This procedure is expected to be more convenient for exporters as there may not any need to brought back the goods to CFS after scanning, unless consignment is found to be suspicious. It will save lot of time on the part of exporter and prevent the cargo being shut out.
7.2 . The official posted at the gate should check the movement slip and allow the cargo inside the PORT only after the verification of ‘CLEAN STAMP’ by the scanning officer on the movement slip.
8. Difficulty, if any may be brought to the knowledge of to Deputy / Assistant Commissioner in charge of Appraising Main (Export) through email / phones (email address: firstname.lastname@example.org, Phone No : 022-27244959)
9. This, issues with approval of the Chief Commissioner of Customs, Mumbai Zone-II, JNCH. Action to be taken in terms of decisions taken in this Public Notice should be considered as standing order for the purpose of officers and staff.
Commissioner of Customs (NS-IV).
1. The Chief Commissioner of Customs, Mumbai Zone-II, JNCH for information.
2. The Chairman, JNPT / CEO GTI / CEO NSICT & NSIGT / CSLA.Online GST Certification Course by TaxGuru & MSME- Click here to Join
3. The Pr. Commissioner of Customs, NS-1, JNCH
4. The Commissioner of Customs, NS-G/ NS-II / NS-III/ NS-IV / NS-V, JNCH
5. All Additional / Joint Commissioner of Customs, JNCH
6. All Deputy / Assistant Commissioner of Customs, JNCH
7. All Sections / Groups of NS-G, NS-I, NS-II / NS-III/ NS-IV / NS-V, JNCH
8. AC/DC, EDI for uploading on JNCH website immediately.
ANNEXURE-A: CATEGORISATION OF “HAZARDOUS CARGO” INTO 9 CLASSES
1. Class 1.Explosives :
It comprises of the chemicals that are intrinsically explosive or becomes explosives on deterioration . It should not be handled without expert advice.
2. Class 2 . Gases;
This can not be examined as it poses a hazard as it diffuses over a large volume to exert a flammable, asphyxiating, toxic or oxidizing effect. So its potentially a health hazard and cannot be opened and examined in the open.
3. Class 3 – Flammable Liquids
Flammable liquids are liquids which are capable of being ignited and burned. They may also be mixtures of liquids, containing solids in solution or suspension (eg. paints). Ignition of the flammable liquid and production of fire is the major hazard here. The flammable liquids (Class 3) are considered a higher risk than flammable solids (Class 4) because of the:
4.Class 4 : Class 4 dangerous goods are flammable solids, and their major hazard is their flammable nature. Class 4 is divided into three divisions, and the substances within each divisions are assigned to packing group I (highest danger), II (moderate danger), or III (minor danger).
Division 4.1 – Flammable solids
Flammable solids are solids that, under conditions encountered in transport, are readily combustible or may cause or contribute to fire through friction. They can also be a powder or paste. An added danger can be from toxic combustion products. eg. metal powders, naphthalene.
Self-reactive and related substances are substances that are liable to undergo a strong exothermic reaction. e.g. aliphatic azo- compounds, organic azides.
Desensitized explosives are substances that may explode if not diluted sufficiently. e.g. ammonium picrate, wetted; dinitrophenol, wetted; barium azide, wetted; nitrocellulose with alcohol.
Division 4.2 – Substances liable to spontaneous combustion
This division is comprised of substances that are liable to spontaneous heating under normal conditions encountered in transport; or heating up in contact with air, and being able to catch fire due to such heating. e.g. white phosphorus.
Division 4.3- Substances that in contact with water emit flammable gases
These are substances that, by interaction with water, are liable to become spontaneously flammable or to give off flammable gases in dangerous quantities. e.g. sodium metal.
Class 5 – Oxidising Substances and Organic Peroxides
Oxidising substances and organic peroxide pose a hazard because of their ability to chemically oxidise matter, including living tissue. Strong oxidisers can greatly enhance the flammability of material with the production of heat, fire, and dangerous reaction products. Class 5 dangerous goods are divided into two divisions, with substances within each sub-class being assigned to packing group I (great danger), II (moderate danger), or III (minor danger).
Division 5.1 – Oxidizing Substances
Although these substances are not necessarily combustible, they may:
Examples of oxidising agents are hydrogen peroxide, copper chlorate and fluorine.
Division 5.2 – Organic Peroxides
Organic peroxides all contain the bivalent -O-O- (O22-) structure. They are thermally unstable substances, that may undergo exothermic, self-accelerating decomposition and most substances of this class are combustible. In addition, they may have one or more of the following properties – be liable to:
Class 6 – Toxic and Infectious Substances
These are substances that if swallowed, inhaled, come into contact with skin are liable to cause death, serious injury, or to harm human health.
Class 7 – Radioactive Substances
Class 8 – Corrosives
Class 8 dangerous goods are corrosive substances that, by chemical action, will cause severe damage when in contact with living tissue, or in the case of leakage, will damage or destroy other materials. Corrosive substances are assigned to packing group I (great danger), II (moderate danger), or III (minor danger).
Class 9 – Miscellaneous Dangerous Goods
Class 9 dangerous goods are substances and articles that during transport present a danger not covered in other classes. This class includes substances that are transported or offered for transport at temperatures ³ 100 °C in a liquid state, or at temperatures ³ 240 °C in a solid state. Examples of Class 9 dangerous goods – dry ice, strong magnets.
Class 9 dangerous goods are assigned to packing group I (great danger), II (moderate danger), or III (minor danger).
HAZARDOUS SUBSTANCES – These are substances included in the Australian Safety and Compensation Council’s Hazardous Substance Information System or in federal, state or territory Hazardous Substances legislation. 5 The term applies to a material that has the potential, through being used at work, to harm the health or safety of persons in the workplace.
ANNEXURE-B: READING HAZARDOUS MATERIALS PLACARDS:
Bulk containers transporting hazardous materials are required to be placarded.
Placards are a diamond shaped hazardous material information source for emergency responders, railroad employees and others.
A placard provides the viewer with a variety of information through several different methods.
Color of the placard: Red indicates flammable, green indicates nonflammable, yellow indicates oxidizer, blue indicates dangerous when wet, white indicates inhalation hazard and poison, black and white indicates corrosive (acid and caustic), red and white indicates flammable solid or spontaneously combustible, depending on the color pattern on the placard, white and yellow indicates radiation or radioactive, orange indicates explosives, white with black stripes indicates miscellaneous hazardous materials, and there is another red and white placard that says “dangerous” on it.
Number in the bottom corner of the diamond: This number refers to the hazard classes as used internationally. There are 9 classes for hazardous materials:
Symbol in the upper corner of the diamond: . A variety of symbols are used to indicate combustion, radiation, oxidizers, compressed gas, destruction of materials and skin by corrosives, an explosion, or skull and cross bones to indicate poisons.
Four digit United Nations (UN) number: used for the hazardous material contained in the container. There are hundreds of four digit numbers used, from 1001 (acetylene) to 9279 (hydrogen, absorbed in metal hydride). The number in some cases is specific to a chemical and in other cases reflects a variety of hazardous materials. (For example, 1017 is only used for chlorine, 1005 has five chemical listings, 1993 is used for eight chemical listings and 2810 is used for 36 chemical listings.)
In some cases placards will give the real name of the chemical instead of using the four digit number, or will describe the hazard (flammable, inhalation hazard, radioactive) and not list the chemical name or four digit number.