PUBLIC NOTICE NO-104/(RE-2010)/2009-2014, Dated: March 23, 2012
NO-104/(RE-2010)/2009-2014, Dated: March 23, 2012
DGFT amends para 2.32.2 A of
Handbook of Procedure, Vol. I relating to Pre-Shipment Inspection Agencies (PSIA)
for Import of Metallic Waste and Scrap
In exercise of powers conferred
under Paragraph 2.4 of the Foreign Trade Policy 2009-14, the Director General of
Foreign Trade hereby amends para 2.32.2 A of Handbook of Procedure, Vol. I
relating to Pre-Shipment Inspection Agencies (PSIA) for Import of Metallic Waste
and Scrap and inserts a new para 2.32.2 B relating to responsibility and
liability of PSIA and the importer.
1. Amended Para 2.32.2 A of the
HBP, Vol.I would read as under:
Recognition as Pre-shipment Inspection Agency (PSIA) and
for recognition in respect of PSIAs have to be made in proforma prescribed
in Appendix 5-A.
of Pre-shipment Certificate (PSIC)
applicants based in India application fee will be Rs 7500/= and for
applicants based abroad the application fee will be US $200. The fees
may be amended from time to time by DGFT.
application s will be considered by an Inter - Ministerial Committee.
(d) The PSIAs
will be issued a recognition certificate valid for three years. However,
DGFT has the right to suspend/cancel such a certificate at any time during
the 3 year term. At the end of 3 years PSIA has to make a fresh
application for further recognition.
(e) PSIA shall
issue Pre-Shipment Inspection Certificate (PSIC) in the format given in
2. The recognition of existing
agencies currently listed in Appendix 5 will continue to be valid for six months
from the date of this Notification.
4. Para 2.32.2 B has been
inserted in the HBP Vol.I (to appear after 2.32.2.A) as below:
Responsibility and Liability of PSIA and Importer
(a) In case of
any mis -declaration in PSIC, PSIA would be liable to pay a penalty upto
Rs. 10 Lakhs (if the agency is based in India ) or up to
US $20,000/- (if the agency is based in foreign country), in addition to
suspension/cancellation of recognition.
(b) The importer
would also be responsible for import of any material in contravention of
the declaration as required under Para 2.32.2 of HBP Vol.I and would be
liable to pay penalty upto Rs. 10 Lakhs .
5. Effect of this Public
The eligibility criteria for
recognition of Pre-shipment Inspection Agencies and format of the Pre-shipment
Inspection Certificate have been modified.
(Anup K. Pujari)
Director General of Foreign Trade
ANNEXURE-I to the Public
Notice no.104 Dated 23 /03/2012(refer para 1(a) and 3 of the PN)
Recognition as Pre-shipment Inspection Agency for metal scrap
( Refer Para 2.32.2 A of HBP
of application fee paid
Receipt No.________ Date _________
Name of Bank and its Branch on
2 Mandatory Testing
equipments/Machinery for testing metal scrap:
Make and Model
Radiation Survey Meters
Detection System having ability to detect Liquid / Plastic / Powder /
Particles / Solid / Metallic and Non-Metallic Scrap / Waste
Attach additional information, if
required, on separate paper
2.2 List out any other equipment(s) available including laboratory
Equipment / Laboratory
Name of the
Federation of Inspection Agencies (IFIA), London
Scrap Recycling Industries (ISRI) Washington DC
International Recycling, Belgium
Association of India
Please attach a copy of such
document to show membership.
4 Experience in metal
Quantity of metal scrap
inspected (in MTs) in the last five years/ destination country–wise
Table 4.1 For Ferrous scrap
Ferrous Scrap inspected in preceding Years
Table 4.2 For Non Ferrous scrap
Non-Ferrous Scrap inspected in preceding Years
5. Attach copy of last Annual Report / balance sheet of the Company.
6 Intended Area of
Operations for issuance of certificate
1. Address of Head Office.
2. Address( es ) of Branch
( from where the Inspection
would be carried out)
(a) The area of operation of PSIA
would be as per the territory location of the agency and the Agency is required
to declare all its office addresses coming in the area of its jurisdiction.
(b) The Agency shall be
authorised to issue the certificate for the country in which it is located and
not for any country in which it is not physically present.
(c) In addition to the territory
/ location of the inspection agency, the jurisdiction would also cover those
countries in which the Inspection Agency has its branch offices.
7. Manpower: Details of
Inspecting persons / inspectors who would carry out inspection:
T he minimum
qualification of the Inspecting officer should not be less than 10 + 2 / Senior
High School with Science (physics and Chemistry).
E Mail Address
inspection of metal scrap
7.1 Whether you have been
debarred /de-listed by Indian Government or other Governments for carrying out
inspection activities. If yes, details thereof.
7.2 Whether any judicial / quasi
judicial proceedings are pending against you in any country / legal authority.
If yes, details thereof.
(1) I / We hereby declare that
the particulars and the statements made in this application are true and correct
to the best of my / our knowledge and belief and nothing has been concealed or
held there from.
(2) I / We fully understand that
any information furnished in the application if found incorrect or false will
render me / us liable for any penal action or other consequences as may be
prescribed in law or otherwise warranted.
(3) I / We hereby undertake that
the in case it is found that the consignment is not scrap or prohibited items
are present in it, I would be liable to pay a penalty of Rs.10 lakhs , (if based
in India) or US$20,000 (if based in foreign country), in addition to suspension
/ cancellation of recognition certificate.
(4) I / We undertake to abide by
the provisions of the FT (D & R) Act, 1992, the Rules and Orders framed there
under, FTP, HBP v 1 and HBP v2 and ITC (HS).
(5) I / We hereby certify that
none of the Proprietor / Partner(s) / Director(s) / Karta / Trustee of firm /
company, as the case may be, is / are a Proprietor / Partner(s) / Director(s) /
Karta / Trustee in any other firm / Company which has come to adverse notice of
(6) I / We hereby certify that
the Proprietor / Partner(s) / Director(s) / Karta / Trustee, as the case may be,
of the firm/company is / are not associated as Proprietor / Partner(s) /
Director(s) / Karta / Trustee in any other firm / company which is in the
caution list of Reserve Bank of India.
(7) I hereby certify that I am
authorised to verify and sign this declaration as per Paragraph 9.9 of the
Foreign Trade Policy.
Signature of the Applicant
ANNEXURE-II to the Public
Notice no. 104 Dated 23/03/2012 (refer para 1(e) and 3 of the PN)
APPENDIX 5 -B
inspection certificate is issued in terms of paragraph 2.32.2 A of Handbook of
Procedure (Vol.1) for import of shredded, unshredded , compressed and loose
forms of metallic waste and scrap.
I, hereby certify the
details as below:-
(1) I / We hereby certify that I
have visually inspected the consignment and certify the following:
(a) The import consignment is
actually metallic scrap/seconds/defective as per the internationally accepted
parameters for such a classification.
(g) The consignment does not
contain any type of arms, ammunition, mines, shells, cartridges, or any other
explosive material in any form, either used or otherwise, and that the
consignment was checked for radiation level and it does not have radiation
levels (gamma and neutron) in excess of natural background. Following are the
values of : -
(i) Background radiation level at
the place of examination ________________________
(ii) Maximum radiation level on
(2) I/We hereby declare that the
particulars and statements made in this certificate are true and correct and
nothing has been concealed or held therefrom .
Date ____________ Signature
Name of the Inspecting