Case Note & Summary
The petitioners, Royal Carbon Black (P) Limited and another, operate a factory in Raigad manufacturing carbon black, fuel oil, and other products using used cut rubber tyres as raw material. They claimed to have permission from the Maharashtra Pollution Control Board dated 14 January 2011 and an import licence from the Director General of Foreign Trade dated 20 April 2011 for 20,000 M.Tons of used tyres, subject to conditions including validity of PCB permission and non-contamination. The petitioners imported both single-cut tyres (freely importable under OGL, Customs Tariff Item 4004) and multiple-cut/shredded tyres (restricted, requiring licence). The customs authorities (Chief Commissioner of Customs and Commissioner of Customs, JNPT) created obstacles, insisting that the goods fall under Entry B3140 of Part B of Schedule III of the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008, requiring permission from the Ministry of Environment and Forests. The petitioners filed a representation on 15 June 2011 arguing no such permission was needed. The court considered the legal issue of whether used tyres, whether single cut or multiple cut/shredded, are hazardous waste requiring MoEF permission. The court held that both categories fall under Entry B3140 and require prior permission from the Ministry of Environment and Forests. The court directed the petitioners to obtain such permission and allowed the customs authorities to draw samples and test the goods as per public notice No. 22/2009 dated 21 April 2009. The petition was disposed of with these directions.
Headnote
A) Environmental Law - Hazardous Waste Import - Entry B3140 of Schedule III - Used tyres, whether single cut or multiple cut/shredded, fall under Entry B3140 of Part B of Schedule III of the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008, and require prior permission from the Ministry of Environment and Forests for import. The court held that the customs authorities were justified in insisting on such permission. (Paras 1-3) B) Customs Law - Import Licence - Conditions - The import licence issued by the Director General of Foreign Trade is subject to the condition that the item should not be contaminated with other waste and that the Maharashtra Pollution Control Board permission is valid. The court directed the petitioners to obtain necessary permission from the Ministry of Environment and Forests and allowed the customs authorities to draw samples and test the goods as per public notice. (Paras 2-3)
Issue of Consideration
Whether import of used tyres (single cut and multiple cut/shredded) requires permission from the Ministry of Environment and Forests under the Hazardous Wastes Rules, 2008, and whether the customs authorities can impose additional conditions beyond the import licence.
Final Decision
The court held that used tyres, whether single cut or multiple cut/shredded, fall under Entry B3140 of Part B of Schedule III of the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008, and require prior permission from the Ministry of Environment and Forests. The petition was disposed of with a direction to the petitioners to obtain such permission and to the customs authorities to draw samples and test the goods as per public notice No. 22/2009.
Law Points
- Interpretation of Hazardous Wastes (Management
- Handling and Transboundary Movement) Rules
- 2008
- Entry B3140
- Open General License
- Customs Tariff Item 4004
- Requirement of permission from Ministry of Environment and Forests
