MANU/CUST/0044/2022
Ministry : Ministry of Finance
Department/Board : Central Board of Indirect Taxes and Customs
Instruction No. : 09/2022-Customs
Date : 22.06.2022
Notification/ Circulars Referred : 12.08.2021 (G.S.R. 571(E)) MANU/ENVT/0094/2021;Copy enclosed MANU/ENVT/0021/2022
Citing Reference:
12.08.2021 (G.S.R. 571(E)) MANU/ENVT/0094/2021 Referred
Copy enclosed MANU/ENVT/0021/2022 Referred
To,
All Principal Chief Commissioners/Chief Commissioner of Customs
All Principal Chief Commissioners/Chief Commissioner of Customs (Preventive)
All Principal Chief Commissioners/Chief Commissioner of CGST & Customs
All Principal DGs/DGs under CBIC
All Principal Commissioners/Commissioners of Customs
Restrictions on import of products made of plastic
Madam/Sir,
1. Kind attention is invited to letter No. B-17011/7/UPC-II-PWM (MLP)/2021/12900 dated 01.02.2022 received from Ministry of Environment, Forest & Climate Change (MoEFCC) bringing into attention the changes in Plastic Waste Management Rules notified vide its Notification dated 12.08.2021 (G.S.R. 571(E)) (copy enclosed) and Plastic Waste Management (Amendment) Rules, 2022 notified vide Notification dated 16.02.2022 (Copy enclosed).
2. The key changes in the notification dated 12.08.2021, relating to import are listed below:
(i) Rule 4(1)(c): Carry bag made of virgin or recycled plastic, shall not be less than seventy-five microns in thickness with effect from the 30th September, 2021 and one hundred and twenty (120) microns in thickness with effect from the 31st December, 2022.
(ii) Rule 4(2): The manufacture, import, stocking, distribution, sale and use of following single use plastic (SUP), including polystyrene and expanded polystyrene, commodities shall be prohibited with effect from the 1st July, 2022:
(a) Ear buds with plastic sticks, plastic sticks for balloons, plastic flags, candy sticks, ice-cream sticks, polystyrene [Thermocol] for decoration.
(b) Plates, cups, glasses, cutlery such as forks, spoons, knives, straw, trays, wrapping or packing films around sweet boxes, invitation cards, and cigarette packets, plastic or PVC banners less than 100 micron, stirrers.
(iii) Rule 4(3): The provisions of sub-rule (2) (b) shall not apply to commodities made of compostable plastic.
3. Further, Rule 6 of the Plastic Waste Management (Amendment) Rules, 2022 prescribes registration of importers of plastic packaging product or products with plastic packaging or carry bags or multi-layered packaging or plastic sheets, on a centralized portal developed by CPCB and Rule 7.3 prescribes extended producer responsibility and obligations of Importers.
4. It is requested that necessary action may be taken to sensitize officers under your jurisdiction regarding the above-mentioned prohibitions and restrictions with respect to import of items made of plastic.
5. The difficulties, if any, may be brought to the notice of the Board.
6. Hindi version follows.
[F. No. 401/11/2022-Cus-III]
Yours faithfully,
(Kevin Boban)
OSD (Customs)
CENTRAL POLLUTION CONTROL BOARD
MINISTRY OF ENVIRONMENT FOREST & CLIMATE CHANGE GOVT. OF INDIA
Dated. 01.02.2022
F. No. B-17011/7/UPC-II-PWM(MLP)/2021
To,
The Chairperson,
Central Board of Indirect Taxes and Customs
North Block, Secretariat Building,
New Delhi-110001
Sub: Phasing out Single Use Plastic (SUP)
Sir,
Hon'ble Prime Minister of India announced India's pledge to phase out SUPs by 2022 on the World Environment Day, June 05, 2018, and also pitched for freedom for India from SUP while delivering his Independence Day speech on August 15, 2019.
MoEF&CC issued Notification dated August 12, 2021 which mandated banning of identified SUP items and prescribed minimum thickness of carry bag with effect from July 01, 2022 (Copy enclosed).
As per Rule 4(2) of PWM Rules, 2016 (as amended), "The manufacture, import, stocking, distribution, sale and use of following single use plastic (SUP), including polystyrene and expanded polystyrene commodities shall be prohibited with effect from the 1st July, 2022:
a. ear buds with plastic sticks, plastic sticks for balloons, plastic flags, candy sticks, ice-cream sticks, polystyrene [Thermocol] for decoration;
b. Plates, cups glasses cutlery such as forks, spoons, knives, straw, trays, wrapping or packing films around sweet boxes, invitation cards, and cigarette packets, plastic or PVC banners less than 100 micron, stirrers;
As per Rules 4(1)(c) of PWM Rules. 2016 (as amended) "Carry bag made of virgin or recycled plastic, shall not be less seventy five microns in thickness with effect from the 30th September, 2021 and one hundred and twenty (120) microns in thickness with effect from 31st December, 2022
For effective implementation of the above, you are requested to kindly issue necessary instructions to all concerned for so as to ensure that adequate checks and balances are put in place to ensure that consignment of imports of aforementioned banned SUP items are not cleared but seized immediately with effect from the date specified under the aforesaid notification.
Your faithfully,
(Tanmay Kumar)
Chairman