Pesticide Formulation Import Simplified, Supply of Underlying
Technical Grade for Scrutiny Sufficient for Customs Clearance Following Court
Order of 28 Mar 2014
[Ref: CBEC Circular No. 10/2014-Customs dated
17 October 2014]
Subject :-
Import of Pesticides
Reference
is invited to Board Circular No7/2014-Cus dated 7.04.2014 on compliance of
Order of Hon’ble High Court of Gujarat regarding
import of formulations into India which lays down that Commissioner of customs
concerned should ensure that in case of import of formulations, the samples of
its technical grade / material is tested. For this purpose actual physical sample
of each technical grade of each consignment has to be provided by the importer
which will be subjected to all tests applicable to the indigenous manufacturer
such as the examination of the chemical composition, test with regard to bio
efficacy as well as its probable effect on the soil and human life.
2.
The matter has been re-examined in the light of Order dated 28.03.2014 in Misc Civil Application No. 2483 of 2013 and Misc. Civil
Application No 2496 of 2013 of High Court of Gujarat and in consultation with
Department of Agriculture. It is, accordingly, clarified that the technical
grade/ material shall not be insisted upon with each imported consignment of
formulation once such technical grade/ material has been supplied for the
purpose of analysis and scrutiny prior to the registration. Further, each
consignment of formulation which is imported should be verified and tested so
that it matches with the technical grade material regarding specification and
quality.
3.
Board Circular No 7/2014- Cus dated 7.04.2014 stands
modified to the above extent.
4.
Suitable Public notice may be issued for guidance of staff and trade.
F.
No. 450/23/2014-Cus IV