Regarding Pre-Shipment Inspection Agencies (PSIA). - DGFT - 104 (RE-2010)/2009-2014

To be published in the Gazette of India Extraordinary (Part-I, Section-1) Government of India Ministry of Commerce and Industry Department of Commerce Directorate General of Foreign Trade Udyog Bhawan, New Delhi Public Notice No.104 (RE-2010)/2009-2014 New Delhi, the 23 rd March 2012 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 2.32.2 A (a) Application for recognition in respect of PSIAs have to be made in proforma prescribed in Appendix 5-A. issuance of Pre-shipment Certificate (PSIC) (b) For applicants based in India application fee will be 7500/= and for applicants based abroad the application fee will be US $200. The fees may be amended from time to time by DGFT. (c) The 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 Appendix 5-B. 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. 3. Revised Appendix 5-A and Appendix 5-B are part 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 2.32.2 B (a) In case of any mis-declaration in PSIC, PSIA would be liable to pay a penalty upto 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 10 Lakhs. 5. Effect of this Public Notice: 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 E-Mail: dgft@nic.in (Issued from F.No.01/53/162/P-64/AM08/IC) ----------------------------------------------------------------------------------------------------------------------------------------------------------- ANNEXURE-I to the Public Notice no.104 Dated 23/03/2012(refer para 1(a) and 3 of the PN) APPENDIX 5-A Application for Recognition as Pre-shipment Inspection Agency for metal scrap (Refer Para 2.32.2 A of HBP vol.1) 1.1 Name of the Agency 1.2 Address 1.3 Details of application fee paid D.D./Bank Receipt No.________ Date _________ Amount ___________ Name of Bank and its Branch on which draw 2 Mandatory Testing equipments/Machinery for testing metal scrap: Table 2.1 S No Description of Equipment Make and Model No. Nos. i Hand held Radiation Survey Meters ii Radio Nuclear Identifier iii Explosives 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 facilities Table 2.2 S No Equipment / Laboratory Facility Capability Nos i ii iii 3. Membership: S No Name of the Organisation Member since i International Federation of Inspection Agencies (IFIA), London ii Institute of Scrap Recycling Industries (ISRI) Washington DC iii Bureau of International Recycling, Belgium iv Metal Recycling Association of India Please attach a copy of such document to show membership. 4 Experience in metal inspection: Quantity of metal scrap inspected (in MTs) in the last five years/ destination country wise Table 4.1 For Ferrous scrap S No Exporting Country Destination Country Quantity of Ferrous Scrap inspected in preceding Years Year 5 Year 4 Year 3 Year 2 Year 1 Total i ii iii iv Grand Total Table 4.2 For Non Ferrous scr S No Exporting Country Destination Country Quantity of Non-Ferrous Scrap inspected in preceding Years Year 5 Year 4 Year 3 Year 2 Year 1 Total i ii iii iv Grand Total 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 Offices __________________________________ (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). S No Names of Technical person(s) Address Nationality Phone No. E Mail Address Qualification Experience in 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. --------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------- Declaration (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 DGFT. (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 Name Designation Official Address Telephone Residential Address Email Address Place Date SEAL ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ ANNEXURE-II to the Public Notice no.104 Dated 23/03/2012(refer para 1(e) and 3 of the PN) APPENDIX 5-B PRE-SHIPMENT INSPECTION CERTIFICATE This pre-shipment 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. (b) Details of Importer is as follows: (i) Name: _____________________________ (ii) Address: ____________________________ (iii) Importer Exporter Code No.______________________________ (iv) Telephone No. _________________________ (Mobile) __________________ (v) E-mail ______________________________ (c) Type of Scrap: Shredded / Unshredded (d) Details and quantity of Import Description of metallic scrap Quantity (in MTs) (e) (i) Country of Inspection ______________________________ (ii) Place of Inspection ______________________________ (iii) Date of Inspection ______________________________ (iv) Duration of inspection (in hours) ______________________________ (f) The following equipments have been used for inspecting the consignment. (i) _____________________________________________________________ (ii) _____________________________________________________________ (iii) _____________________________________________________________ (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 the scrap______________________________________ (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 Person/Inspector_________________________ Seal of PSIA Designation_________________________________ Address (office)____________________________________ E Mail Address______________________________ Phone Number______________________________ Name of the agency as per Appendix 5 -____________________ Address: __________________ Telephone Number _________________ E mail _______________________