OFFICE OF THE COMMISSIONER OF CUSTOMS:
NEW CUSTOMS BLDG, NR. BALAJI TEMPLE
KANDLA - 370 210 KUTCH, GUJARAT
PHONE : 02836-271468-469 FAX : 271467

 

PUBLIC NOTICE NO.30/2011-12


 

Subject: Export of Pan Masala - Gutkha packed in plastic sachet by 100% EOU -Application of provisions of Plastic Waste Management and Handling Rules, 2011 reg.

 

A copy of letter No. 354/46/2011-TRU dated 29m August, 2011 issued by TRU, New Delhi and letter F. No. 528/69/2011-STO (TU) dated 30th August, 2011 and Corrigendum issued from F. No. 528/69/201 l-STO-(TU) dated 5th September, 2011 issued by Tariff Unit, CBEC, New Delhi, is enclosed herewith for information, guidance and necessary action.

  1. Any difficulty faced in implementation of the above instructions may be brought to the notice of the undersigned immediately.
  2. All the trade Associations/Chamber of Commerce/Members of Regional Advisory Committees and Custom House Agents' Associations are requested to publicize the contents of this Public Notice among their members/constituents, for their information and necessary action.

 

(Navneet Goel)

Commissioner

 

Encl: as above


F. No. S/20-02/2011-Appg(G)

Date: 12-10-2011

To,

  1. The Chief Commissioner of Customs, Gujarat Zone, Ahmedabad.
  2. All Additional/ Joint/ Deputy/ Assistant Commissioners of Customs, C.H. Kandla/Mundra/Bhuj
  3. All Group/Sections, Customs, Kandla.
  4. The Gujarat Chamber of Commerce & Industries, Ahmedabad.
  5. The Southern Gujarat Chamber of Commerce & Industries, Surat.
  6. The Gandhidham Chamber of Commerce & Industries, Gandhidham.
  7. The Kandla Customs House Agents Association, Gandhidham.
  8. The Mundra Customs House Agents Association, Mundra.

 

F.No. 528/69/2011-STO (TU)
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs

299-A, North Block,

New Delhi,

5th September, 2011.

 

All Chief Commissioners / Commissioners of Customs / Customs (Prev All Chief Commissioners / Commissioner of Customs & Central Excis All Directors General under CBEC.

Sir / Madam,
Subject: Export of Pan Masala-Gutkha packed in plastic sachet by 100

Application of provisions of Plastic Waste Management and Hand Rules, 2011 - regarding.

 

CORRIGENDUM

 

Attention is invited to the Board's instruction of even number dated 30.8.2011 on the subject mentioned above.

2. In Paragraph 3 of the said instruction the date 02.07.2007, wherever it occurs, should be read as 02.07.2011.

3.The other contents of the said instruction shall remain unchanged.

 

Yours faithfully,

(Subodh Singh)

OSD (Customs), Tariff Unit,

Fax-011-2309 2173

 

 

 

F.No. 528/69/2011-STO (TU)
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs

299-A, North Block,

New Delhi,

30th August, 2011.

 

To,

Chief Commissioners / Commissioners of Customs / Customs (Prev.), All Chief Commissioners / Commissioner of Customs & Central Excise, All Directors General under CBEC,

Sir / Madam,

Subject: Export of Pan Masala-Gutkha packed in plastic sachet by 100%
ECU -Application of provisions of Plastic Waste Management and Handling Rules, 2011 - regarding.

Board has received references seeking clarification on the applicability of the Plastic Waste (Management and Handling) Rules, 2011 to the export of pan masala / gutkha packed in plastic sachets by Export Oriented Units.

  1. Some Chief Commissioners are of the view that whereas the manufactures of pan masala /gutkha shall be required to give an undertaking to comply with the provisions of the Plastic Waste (Management and Handling) Rules, 2011 under no circumstance should export of the goods in question be stopped or disallowed. Other Chief Commissioners had a contrary view that allowing the export of pan masala / gutkha packed in plastic sachets would be a contravention of the said Rules of 20-11. The Board has examined the matter in the background of the Plastic Waste (Management and Handling) Rules, 2011 as well as the conflicting views of Chief Commissioners.
  2. The Ministry of Environment and Forests notified the Plastic Waste (Management and Handling) Rules, 2011 on 04.02.2011 and amended the same on 02.07.2011. Rule 3(b) earlier defined a carry bag to mean "all plastic bags used to carry commodities, including self carrying features". After 02.07.2007 this definition has been changed as "bags made from all plastic material, used for the purpose of carrying or dispensing commodities but do not include bags that constitute or form an integral part of the packaging in which goods are sealed prior to use". On its part, Rule 3(k) earlier defined "multilayered packaging" and w.e.f. 02.07.2007 this was changed to apply to "multilayered plastic pouch or sachet" and corresponding changes have been made in Rule 3(m) and Rule 8.
  3. Rule 5 of the said Rules deals with the conditions to be met during the course of manufacture, stocking, distribution, sale and use of carry bags and sachets. Of particular relevance is Rule 5 (d) which states that "sachets using plastic, material shall not be used for storing, packing or selling gutkha, tobacco and pan masala". Further, Rule 5 (g), which is inserted w.e.f. 02.07.2011, states that "plastic material in any form, shall not be used in any package for packing gutkha, pan masala and tobacco in any form".

 

F. No. 354/46/2011-TRU

  Government of India

Ministry of Finance

  (Department of Revenue)

Tax Research Unit

 

New Delhi,

dated the 29th August, 2011


To,

All Chief Commissioners of Central Excise (including LTV), AH Chief Commissioners of Customs & Central Excise,. All Chief Commissioners of Customs All Directors General,

Sir/ Madam,


Subject: Survey of Tobacco industry after implementation of Plastic Waste' (Management and Handling) Rules, 2011.

The undersigned is directed to refer to references received from Chief Commissioners/Commissioners seeking clarification on the scope of Plastic Waste (Management and Handling) Rules, 2011 and whetheT the export goods are exempted from the restrictions stipulated for use of plastic material for gutkha, packing pan masala, tobacco.
2. The matter was iekned to the Ministry of Environment and Forest, A copy of clarification received from said Ministry is enclosed with the request that the same may be brought to the notice of Commissioners under your charge.

 

Encl: as above

Yours Faithfully,

(Limatula Y aden) Director (TRU)

Tel: 011 23092753

 

 

Annexure