9911796707
TMI Blog2012 (8) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... rted into India vide bill of lading BAXSSS019014 dated 23.11.2011. 2. The petitioner had issued the pre-shipment inspection certificate in which it was declared as under:- "Declaration/undertaking 1. 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 lever and it does not have radiation levels gamma and neutron) in excess of natural background. Following are the values of :- (i) Background radiation level (0.2uSv/h) at the place of examination. (ii) Maximum radiation level on the scrap not more than (0.2usv/h) measured at 1 metre from the surface of the load uSv/h) 2. The import consignment is actually metallic scrap/seconds / defective as per the internationally accepted parameters for such a classification. 3. I/We hereby declare that the particulars and statements made in this certificate are true and correct and nothing has been concealed or held there from." 3. On examination of the said consignment, it is stated in the circular that the following articles/goods were recovered:- "Eight Cylindrical shaped ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... black listed by the department. To clarify the said position, the respondents shall put it on its website." 7. The said directions were issued in view of the statement made on behalf of the respondents which is quoted in para 3 and for the sake of convenience are also reproduced as under:- "3. It is contended by Mr. Sumit Batra, learned counsel on behalf of Mr. Mukesh Anand, learned counsel for the respondent Nos.2 and 3 that the circular is an alert circular and it in no way casts a stigma and does not remotely black list the petitioner. It is also submitted by him that on certain occasions a alert circular is issued only for inspection when the goods that reach the port are not in conformity with the declaration certificate. Learned counsel has further submitted that no adverse consequence has visited the petitioner." 8. We may also note that in the said case the allegation was that mud instead of scrap as certified was imported. The factual background of the present case is different. Import of explosive, if made, is a serious matter. 9. Learned counsel for the petitioner further submits that the circular should not have been issued and in fact there is a factual mistak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paragraph 2.32.1. The aforesaid contention has been rejected by the Commissioner of Customs (Imports), Nhava Sheva in the order dated 5th March, 2012, recording as under:- "M/s WLSI were also asked to respondent to their certification to the effect that the present consignment is actually metallic scrap (HMS 1 & 2) as per internationally accepted parameters, whereas, there are 26 Rocket cases in cylindrical form, which are 6.5 feet each. As per the ISRI (Institute of Scrap Recycling Industries, Inc.) standard of HMS 1 & 2, the scrap goods are not as per internationally accepted norms for such classification. For this the representative of M/s. WLSI stated that the scrap description was made as per the suppliers invoice and packing list provided by exporter. 14. M/s WLSI were notified by the Directorate General of Foreign Trade, Ministry of Commerce and Industry vide Public Notice No.35 (RE-2005)/2004-09 dated 28.07.2005, as one of the Inspection and Certification Agencies (Appendix-5 of Hand Book of Procedures of Foreign Trade Policy). As such, this office earlier intimated the DGFT on 20.12.2011 about the contents of the above consignment and pre-shipment certificate issued by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Commerce, Ministry of Commerce and Industry, Government of India. However, in Annexure P-6 one of the relevant page is missing. During the course of hearing, the missing page has been furnished by the learned counsel for the respondents. The relevant extract of the applicable clause relating to certification in the Hand Book reads as under:- "Unshredded compressed and loose form: Import of metallic waste, scrap listed in para 2.32.2 above in unshredded compressed and loose form shall be subject to following conditions:- a. Importer shall furnish the following documents to the Customs at the time of clearance of goods; I) Pre-shipment inspection certificate as per the format in Annexure-I to Appendix 5 from any Inspection & Certification agencies given in Appendix-5 to the effect that: i) The consignment does not contain any type of arms, ammunition, mines, shells, cartridges, radioactive contaminated or any other explosive material in any form either used or otherwise." 8. A reading of the aforesaid paragraph would show that pre-shipment inspection certificate by an inspection certification agency is required to be produced/submitted by the importer to the port/custom ..... 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