Applicability of the 'Pneumatic Tyres and Tubes for Automotive Vehicles (Quality Control) Order, 2009' for used tyres - Clarification
CBEC informs that it has received a reference regarding applicability of the ‘Pneumatic Tyres and Tubes for Automotive Vehicles (Quality Control) Order, 2009' in case of old and used pneumatic tyres and tubes for automotive vehicles, requirement of consent from the Ministry of Environment and Forest, and the date of applicability of the said Quality Order for imported goods.
After examination of the issue by the Board in consultation with the Department of Industry & Policy & Promotion (DIPP), and Directorate General of Foreign Trade, Ministry of Commerce & Industry it is communicated that the afore cited Order is applicable to newly manufactured tyres and tubes and old and used tyres are NOT covered under this order.
Further, with the implementation of the Quality (Control) Order, 2009 for Pneumatic Tyres and Tubes for Automotive Vehicles with effect from13.05.2011, no such tyres can be imported in the country without BIS marking (except certain exemptions provided in the Order).
Doubts have also been raised whether the Delhi High Court order in a matter pertaining to Automobile Tyre Manufacturers Association (ATMA) (W.P. (C) 4098/2011 dated 06.07.2011) regarding no-BIS marked tyres manufactured prior to 13.05.2011will apply to imports or not, it is clarified that the observations made by Delhi High Court would be applicable only to domestic manufacturers and tyre dealers in respect of such stock of tyres manufactured prior to 13.05.2011, and not to imports of tyres.
Further, as per Foreign Trade Policy, re-treaded or used Pneumatic Tyres under ITC (HS) codes 40121100, 40121200, 40121300, 40121910, 40121990, 40122010, 40122020 is "Restricted". These imports are subject to Policy Condition 1 of Chapter 40 of ITC (HS), 2012 Schedule I (Imports). However, import of used rubber tyres with one cut bead wire is free under ITC (HS) code 40040000.
The Board, therefore, concludes by clarifying that imports of re-treaded or used tyres are allowed subject to compliance of the provisions of the Foreign Trade Policy, and the requirement of consent / permission from the Ministry of Environment and Forest as stipulated in the Hazardous Wastes (Management, Handling and Trans-boundary Movement) Rules 2008.
We began where we started…well, almost!
Instruction F.No. -STO (TU) dated July, 12, 2013