Government of India Ministry of Finance
Department of Revenue (Central Board of Indirect Taxes & Customs)
Instruction No. 12/2021-Customs
North Block, New Delhi
25th May, 2021
To
All Principal Chief Commissioner/Chief
Commissioner of Customs/Custom (Preventive), All Principal Chief
Commissioner/Chief Commissioner of Central Tax and Customs, All Principal
Commissioner/Commissioner of Customs /Custom (Preventive), All Principal
Commissioner/Commissioner of Central Tax and Customs.
Subject:
Relaxations provided under Gas Cylinders Rules, 2016, so as to fast track
approvals for imported cylinders and pressure vessels for storage and
transportation of medical oxygen – Reg.
Madam/Sir,
Reference is
invited to Press Release dated 15th May, 2021 vide Release ID: 1718815 by
Ministry of Commerce and Industry on the above-mentioned subject (copy
enclosed).
2. In view of the COVID pandemic, vide said Press Release, it
is stated that, by way of an exemption, PESO shall not carry out physical
inspection of global manufacturers’ production facilities before grant of
required approval for import of cylinders and pressure vessels for storage and
transportation of medical oxygen. Now, PESO shall grant such approvals online
without any delay on submission of manufacturer’s particulars; ISO certificate
of manufacturer; List of Cylinders their specifications, drawings & batch
number; Hydro test certificate and Third-Party inspection Certificate. Every
foreign manufacturer/importer who wants to import oxygen cylinders is required
to apply for import permission through PESO online system.
3. In this
regard, DPIIT has further clarified as follows:
A. In case the importer
has applied through online application to PESO and the decision is pending in
PESO, the exemption allows them to bring oxygen cylinders on urgency for COVID
relief activities in India.
B. In case the importer has not applied
through online application to PESO. the exemption allows them to bring cylinders
for urgent use for enhancing oxygen distribution logistics in India.
C.
It is the responsibility of the consignee to follow the procedure as per relaxed
conditions given in the table of para 3 of the Press Release, prior to the
filling of the medical oxygen in these cylinders at refillers/ filling plants.
D. In view of the above, Customs is requested to give necessary clearances
without PESO approvals for such items received at the ports/ airports for COVID
relief works.
4. It is requested that the officers under your
jurisdiction are sensitised about the above changes and ensure that customs
clearance of such imports are expedited on arrival.
5. The difficulties,
if any, may be brought to the notice of the Board. Hindi version follows.
Enel: as above
Yours faithfully F. No. 450/117/2021-CusIV(Pt)
(Kevin Boban) Under Secretary (Customs)
Ministry of Commerce & Industry
Relaxations
provided under Gas Cylinders Rules, 2016,so as to fast track approvals for
imported cylinders and pressure vessels for storage and transportation of
medical oxygen
in Posted On: 15 MAY 2021 5:07PM by PIB Delhi
Government of India has reviewed the existing
procedure for approval of global manufacturers for importing oxygen cylinders by
Petroleum and Explosive Safety Organization (PESO). In view of the COVID
pandemic, PESO shall not carry out physical inspection of global manufacturers’
production facilities before grant of such approval. Now, such approvals shall
be granted online without any delay on submission of manufacturer’s particulars;
ISO certificate of manufacturer; List of Cylinders their specifications,
drawings & batch number; Hydro test certificate and Third-Party inspection
Certificate. Every foreign manufacturer/importer who wants to import oxygen
cylinders is required to apply for import permission through PESO online system.
In view of emergent situation, procedures are relaxed and the following
process is to be followed wherever due to unavoidable circumstances or
urgencies, consignment of oxygen cylinders, ISO containers or PSA plants or its
related equipment have already arrived in India, without taking import
permission from PESO. The filling permission for these cylinders will be issued
based on the following relaxation in the rules. Same procedure will apply for
import of further such equipment in case the online approvals have not been
taken.
As such, Certification of PESO will not be mandatory pre-shipment.
However, the certification of PESO will be required before use of the oxygen
cylinders which entails weight and hydro testing. The Indian Missions should
however ensure that the oxygen cylinders should comply with India or
International standards before shipment.In case of filled cylinders, the agency
exporting to India shall certify that the oxygen filled in the cylinder is of
such purity and concentration that is fit for medical use. The certification
shall be attested by the Indian Mission in the exporting country. Further, soon
upon receipt in India, such filled cylinders shall be inspected on sample basis
by an empanelled agency of PESO and certified as fit for medical use.
Sr No |
Description |
Requirement of Rules |
Acceptability criteria |
Relaxation |
Criteria not Exempted |
1 |
Design approval prior to import of oxygen Cylinders |
Rule 3(3) of the Gas Cylinders Rules, 2016 |
ISO 9809 Part I & II IS 7285 with TPIA Appraisal |
Cylinders manufactured with any international code without TPIA appraisal |
|
2 |
Import permission |
Rule 50, 51 & 54 of the Gas Cylinders Rules, 2016 |
Manufacturer’s test and inspection report & fee |
Manufacturer’s test and inspection report not required. Fee waived off. |
|
3 |
Recognition of Original Equipment Manufacturer with 10 years expenence |
Rule 3(3) of the Gas Cylinders Rules, 2016 |
Prototype joint inspection of manufacturing and quality control with TPIA and site Assessment |
Exempted |
|
4 |
Filling permission |
Rule 43 & 45 of the Gas Cylinders Rules, 2016 |
Examination & test as per Rule 35 |
Exempted except the test prescribed next column. |
1. Conformity of weight reduction not more than 5% of tare weight.
2. Shall pass hydro static test at a pressure of 225 Kg/Cm2 for 30 seconds |
5 |
PSA installations and other COVID centres installations with cylinder filling facilities |
Rule 50, 51 & 54 of the Gas Cylinders Rules, 2016 |
Fulfill the requirement of E & F licenses |
Exempted to obtain E&F license |
Moderate guidelines prepared by PESO to be followed. |
All the filled cylinders must be verified for
quality of gas filled therein under the supervision of medical/ Food and Drugs
Controllers and if quality of gas conforms to their requirement of medical
oxygen, cylinder may be sent directly to hospitals for use.On emptying out the
oxygen, cylinder shall be sent to filler and the process as given above shall be
followed.
Guidelines for PSA installations at hospitals with filling
facility or at COVID centers:
A. PSA plants where generated oxygen is
directly supplied to hospital/ no filling of cylinder is taking place; does not
need any permission or license under rules administered by PESO and can be
allowed.
B. If PSA is attached with a compressor and filling of oxygen
cylinder is to take place, hospital must notify it to PESO with following
information:
a. Number of filling points.
b. Number of cylinders
to be stored at site
c. An SRV shall be mandatorily installed in the
pipeline outlet to compressor.
d. Well ventilated location with adequate
illumination.
e. Before filling the cylinder, shall be examined/ cleaned
for absence of any Carbonaceous grease and valid hydro test certificate (tested
cylinder at 225 Kg/Cm2 hydrostatically)
f. Filling operation shall be
carried out under supervision of a competent & experienced person.
g. The
space for filling of cylinders to be isolated and maintain clearance of lm from
filling point on all the sides.
C. Any COVID centre may utilize liquid
cylinders on board with vaporizer for supplying of gaseous medical oxygen
through pipeline or for filling cylinders in open places are permitted subject
to conditions stipulated under Sr No. (B) above for PSA and information be
submitted to PESO.
These relaxations shall be valid for a period of 6
months or till further orders of Department for Promotion of Industry and
Internal Trade,whichever is earlier.
(Release ID: 1718815) Visitor
Counter : 22
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