Dated 04th September 2012
IMPORT OF TEXTILE AND TEXTILE ARTICLES INTO INDIA IS PERMITTED SUBJECT TO THE CONDITION THAT THEY DO NOT CONTAIN ANY OF THE HAZARDOUS DYES WHOSE HANDLING, PRODUCTION, CARRIAGE OR USE IS PROHIBITED BY THE GOVERNMENT OF INDIA. IN THIS REGARD CONDITIONS CONTAINED IN NOTE 10 OF CHAPTER 1 OF THE ITC-HS (GENERAL NOTES REGARDING IMPORT POLICY) AND CBEC CIRCULAR NO.23/2004-CUS DT.15.3.2004 HAS TO BE COMPLIED WITH.
ITC (HS), 2012 SCHEDULE 1 – IMPORT POLICY GENERAL NOTES REGARDING IMPORT POLICY
NOTE:10. Textile and textile articles containing hazardous dyes:
Import of textile and textile articles is permitted subject to the condition that they shall not contain any of the hazardous dyes whose handling, production, carriage or use is prohibited by the Government of India under the provisions of clause (d) of subsection (2) of Section 6 of the Environment (Protection) Act, 1986 (29 of 1986) read with the relevant rule(s) framed thereunder. For this purpose, the import consignments shall be accompanied by a pre-shipment certificate from a textile testing laboratory accredited to the National Accreditation Agency of the Country of Origin.
In cases where such certificates are not available, the consignment will be cleared after getting a sample of the imported consignment tested & certified from any of the agencies ((i) Textiles Committee of Ministry of Textiles (http://textilescommittee.nic.in/) and its various testing facilities,
(ii) Central Silk Technological Research Institute (CSRTI) (located at Bangluru, Karnataka) and Eco Testing Laboratory Central Silk Technological Research Institute (located at Bhagalpur, Bihar, and Varanasi Uttar Pradesh); of the Central Silk Board (the details can be accessed from the website of the Central Silk Board: http://csb.gov.in). The sampling will be based on the following parameters:
a) At least 25% of samples are drawn for testing instead of 100%.
b) While drawing the samples, it will be ensured by Customs that majority samples are drawn from consignments originating from countries where there is no legal prohibition on the use of harmful hazardous Dyes.
c) The test report will be valid for a period of six months in cases where the textile/textile articles of the same specification/quality are imported and the importer, supplier and the country of origin are the same.
Circular No. 23/2004-Cus March 15, 2004
Subject : Testing of imported textile/textile articles for its composition and hazardous dyes-
2. Attention is invited to Notification No.29/(RE-2004)/2002-2007, dated 28.1.2004 issued by DGFT, Ministry of Commerce and Industry. As per para 2 of the said notification , the import consignment of textile/textile articles not accompanied with the pre-shipment certificate from notified agencies will be cleared after testing of the same from the notified agencies based on the following:-
(a) At least 25% of sample are drawn for testing instead of 100%.
(b) While drawing the sample , it will be ensured by Customs that majority sample are drawn from consignments originating from countries where there is no legal prohibition on the use of harmful hazardous Dyes.
(c) The test report will be valid for a period of six months in cases where the textile/textile articles of the same specification/quality are imported and the importer, supplier and the country of origin are the same.
3. ………That in all of the cases , where samples are required to be sent for testing hazardous dyes to Textiles Committee laboratory under the Ministry of Commerce , the testing for composition ,i.e, texturised/non-texturised , should also be done at Textiles Committee laboratory to avoid duplication of work. However, where no test for azo-dyes are required as per the DGFT notification, the test for composition ,i.e, texturised/non-texturised , shall be carried out at the CRCL in-house testing laboratory.
SOURCE: GOVT. OF INDIA, Ministry of Finance