Metal Scrap Import – Separate Contract on Specifications between Buyer and Seller Adequate, Commercial Contract Not Necessary

Government of India

Ministry of Commerce

Directorate General of Foreign Trade

Udyog Bhavan, New Delhi-110011

Policy circular No. 96 (RE- 08) 2004-09 Dated: 24.06.09

To

All Licensing Authorities;

All Commissioners of Customs;

Sub: Import of metal scrap – submission of copy of contract between buyer and seller.

1. As per paragraph 2.32 of HBPv1 and as per Public Notice No. 163 (RE-2008)/2004-09 dt. 23.3.09, import of metal scrap in shredded/unshredded form is subject to, interalia, condition that the importer shall submit a copy of contract between the importer and exporter stipulating that the consignment does not contain any type of arms, ammunitions, mines, shells, cartridges , radioactive contaminated, or any other explosive material in any form either used or otherwise,

2. Representations have been received in this office stating that, in case they submit the original sales contract stipulating the above condition to Customs, there are chances of their commercially sensitive information being divulged. The matter has been examined in the Deptt. and accordingly it is clarified that import contract mentioned at Para 2.32 of HBPv1 and in the above mentioned Public Notice shall also include a separate contract(other than the original sales contract) between importer and exporter stating the above cited provisions.

3. This issues with the approval of Competent Authority.

Sd/-

(O.P.Hisaria)

Joint Director General of Foreign Trade

(Issued from File No.01/89/180/Misc.65/AM-05/PC-1(A)