TMI Blog2017 (10) TMI 713X X X X Extracts X X X X X X X X Extracts X X X X ..... duly supported by a pre-shipment Inspection Certificate (PSIC) Ref.No.TBSC/USA/25665-2015-16, dated 12.08.2015 issued by the DGFT approved Inspection Agency for USA, wherein it had been reported in the said certificate that the consignment is actually 'Iron Aluminium Scrap' (Iron 50% and Aluminium 50%) as per the internationally accepted parameters for such a classification and the duration of Inspection was 5 to 6 hrs. On examination of the said goods, it is found to contain 'Iron Aluminium' but mixed-up with plastic and other waste materials. M/s. Tamilnadu Pollution Control Board, Tuticorin vide their letter No.DEE/TNPCB/F Customs 07/2015, dated 04.11.2015 reported that on examination of the two containers, contained comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner (Appeals) and contended as under: "The appellant submitted that they imported the consignment of irony aluminium scraps after carrying out proper inspection by a reputed DGFT authorized Inspection agency M/s. Trans Boarder safety control inspection services LLC at USA and after getting a Pre-Shipment Inspection Certificate from the agency; that they are unable to believe the examination report of the department that, waste items was found inside container and foul smell emanated from the container and as reported by TNCB also,' that it's quite normal for the presence of very negligible impurities in scrap imports as scraps are not clean; that some 'Municipal solid waste' are present and if present no details had b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ehicle Tyres, Rexin Sheets, Electrical Waste, Electronic Waste, Rubber Seals, Plastic Handles. Thermocoals, Plastic Insulted Wires, Plastic Hose Pipes and LEDs. Objectionable odour was observed from the cargo, showing putrefaction of degradable materials in the cargo and it may contain pathogens." Upon the above inspection, it was ascertained that the cargo in the above two containers is combined with Municipal Solid Waste and hence it shall be sent back to the country from where it is imported, as early as possible." 5. The contention of the appellant is that there is nothing in the said report to suggest the quantum of the entrancous goods present so as to make in hazardous in terms of the provisions of Hazardous Act. Further, they have ..... X X X X Extracts X X X X X X X X Extracts X X X X
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