DGFT Modifies PSI Agencies Eligibility Criteria and PSI Certificate
for Metal Scrap
[DGFT Public Notice No. 104 dated 23rd
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:
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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. |
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issuance of Pre-shipment Certificate (PSIC) |
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(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. |
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(c)
The application s will be considered by an Inter - Ministerial Committee. |
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(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. |
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(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:
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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. |
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(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.
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)
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1.1 |
Name of
the Agency |
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1.2 |
Address |
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1.3 |
Details
of application fee paid |
D.D./Bank Receipt No._____ Date
_____ Amount ______ Name of Bank and its Branch on
which drawn |
2 Mandatory Testing
equipments/Machinery for testing metal scrap:
Table
2.1
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S No |
Description of Equipment |
Make and Model No. |
Nos. |
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i |
Hand held Radiation Survey
Meters |
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ii |
Radio Nuclear Identifier |
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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
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S No |
Equipment
/ Laboratory Facility |
Capability |
Nos |
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i |
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ii |
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iii |
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3. Membership:
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S No |
Name of the Organisation |
Member since |
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i |
International Federation of
Inspection Agencies (IFIA), London |
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ii |
Institute of Scrap Recycling
Industries (ISRI) Washington DC |
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iii |
Bureau of International
Recycling, Belgium |
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iv |
Metal Recycling Association of
India |
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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
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S No |
Exporting
Country |
Destination
Country |
Quantity
of Ferrous Scrap inspected in preceding Years |
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Year 5 |
Year 4 |
Year 3 |
Year 2 |
Year 1 |
Total |
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i |
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ii |
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iii |
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iv |
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Grand
Total |
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Table
4.2 For Non Ferrous scrap
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S No |
Exporting
Country |
Destination
Country |
Quantity
of Non-Ferrous Scrap inspected in preceding Years |
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Year 5 |
Year 4 |
Year 3 |
Year 2 |
Year 1 |
Total |
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i |
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ii |
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iii |
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iv |
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Grand
Total |
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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:
The
minimum qualification of the Inspecting officer should not be less than 10 + 2
/ Senior High School with Science (physics and Chemistry).
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S No |
Names
of Technical person(s) |
Address |
Nationality |
Phone
No. |
E Mail
Address |
Qualification |
Experience
in inspection of metal scrap |
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7.1 Whether you have been debarred
/de-listed by Indian Government or other Governments for carrying out
inspection activities. If yes, details thereof.
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7.2 Whether any judicial / quasi
judicial proceedings are pending against you in any country / legal authority.
If yes, details thereof.
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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.
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Signature
of the Applicant |
Place
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SEAL
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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
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Description of metallic scrap |
Quantity (in MTs) |
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(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_________________________
Designation_________________________________
Address
(office)____________________________________
E Mail Address______________________________
Phone Number______________________________
Name of the agency as per
Appendix 5 -____________________
Address:
__________________
Telephone Number _________________ E mail
_______________________
Seal of PSIA