Government of India
Ministry of Finance
Department of Revenue
(Central Board of Excise & Customs)
North Block, New Delhi.
6th May, 2009.
Circular No.14/2009-Customs
To
All Chief Commissioners of Customs / Customs (Prev.).
All Chief Commissioners of Customs & Central Excise.
All Commissioners of Customs / Customs (Prev.).
All Commissioners of Customs & Central Excise.
The Director General of Revenue Intelligence.
The Director General of Central Excise Intelligence.
Subject: Implementation of Phytosanitary requirements in import or export of
goods - regarding.
Sir / Madam,
As you are aware, the sanitary (relating to food safety) and phytosanitary
(animal and plant health) measures are enforced in the course of international
trade by various countries to prevent the spread and introduction of any pests
of plants, plant products or insect, fungus and for protection of human, animal
or plant life or health. In this regard, your attention is invited to the
Board’s
Circular No.39/2004-Customs dated 3.6.2004 and Board’s instructions of
even number dated 2.4.2009, wherein Customs officers have been instructed to
release the goods imported in wood packaging material, only in cases where the
wood packaging material are appropriately treated as per international standards
(ISPM-15) or is accompanied by a phytosanitary certification with the treatment
endorsed.
- In the international trade, every consignment accompanied with solid wood
packaging materials (SWPM) needs to be treated and marked in accordance with the
provisions of International Standards for Phytosanitary Measures (ISPM) No.15.
In case of non-compliance of the ISPM-15, the importing countries issue notices
to the National Plant Protection Organisation of the exporting country for
non-compliance, and initiate necessary action against the exporter. Of late, the
Government of India had received a number of non-compliance notifications from
various countries particularly European Union countries regarding violation of
ISPM-15 standards, in respect of goods exported from India. Most of these cases
relate to non-treatment of wood packaging material or no treatment mark on wood
packaging material used in packaging of goods exported from India. Exports to
most countries including Canada, USA, Australia, Japan etc. require that all
wood packaging materials used in packaging of export consignments are required
to be rendered free from all pests either by heat treatment or by fumigation
with Methyl Bromide by the treatment providers recognized by the Directorate of
Plant Protection, Quarantine & Storage (DPPQ&S) under the Department of
Agriculture and Cooperation (DAC). The list of such accredited fumigation
agencies for Methyl Bromide Fumigation and certified Heat Treatment Facilities
for wood packaging material as per ISPM-15, can be accessed at the DAC’s website
i.e. http://agricoop.nic.in/. Detailed information on plant quarantine
activities may also be accessed from the official website of DPPQ&S at
www.plantquarantineindia.org.
- In view of the above, I am directed to say that all the Customs field
formations should verify whether the export goods packed with raw or solid wood
packaging material comply with the ISPM No. 15 or are accompanied by a phytosanitary certificate with the treatment endorsed issued by the agencies
which are accredited / certified by DAC. In case of non-compliance, the matter
may be referred to the Plant Quarantine authorities for proper treatment of
export goods before their release.
- Similarly, in respect of import consignments, it is reiterated that the
provisions of sub-clause 20A prescribing compliance of ISPM-15 standards by wood
packaging material may be enforced in terms of Plant Quarantine (Regulation of
import into India) Order, 2003. Consignments that are found to be non-compliant
or not carrying prescribed treatment mark on the wood packaging materials shall
be referred to the Plant Quarantine Authorities for proper treatment or
destruction or deportation to the country of export. The details of such
non-compliance shall also be informed in the prescribed format for reporting of
non-compliance to the DPPQ&S.
- The field formations as well as trade and industry may be suitably informed.
Yours faithfully,
((M.M. Parthiban)
Director (Customs)
F.No.450/19/2005-Cus.IV