Customs - Import of Pesticides - Importers treated differently
IT was alleged that imports of formulation is being allowed without any technical grade verification and are granted exemption without registering its technical grade material whereas the indigenous manufacturers are forced to undergo rigorous testing for the purpose of formulations as well as technical grade in the Insecticide Act.
The Gujarat High Court in an order passed on 05-09-2013 reported in , inter alia directed that even in case of import of formulations its technical grade/ material will be tested and actual physical sample of such technical grade of each consignment when it is imported will have to be provided by the importer which will be subjected to all the rigours of the test applicable to the indigenous manufacturer like the examination of chemical composition, test with regard to bio-efficacy and human safety as well as its probable effect on the soil and human life.
CBEC desires that the directions of the Gujarat High Court should be strictly complied with by the field formations. The Commissioner concerned should ensure that samples are tested.
Incidentally, it took the Board more than seven months to issue this Circular when the fact of the matter is that the request made for stay of the operation of this order was turned down by the Gujarat High Court.
Defying Court orders and Board instructions is a favourite pastime in the field, with no solution visible.
CBEC Circular No. 07/2014 - CUS., Dated: March 07 2014