Dichlorotrifluoroethanes (HCFC-123)
Dichlorotrifluoroethanes, HCFC-123 refrigerant compounds
HSN 2903 72 00 (Dichlorotrifluoroethanes, HCFC-123) is subject to Restricted-import controls under the ITC (HS) policy administered by the Directorate General of Foreign Trade (DGFT), permissible only under policy conditions 1 and 4 of Chapter 29 per DGFT Notification 26/2015-20 dated 11-08-2020. Items falling within the Schedule to the Insecticides Act, 1968 additionally require registration and import permit from the Central Insecticides Board and Registration Committee (CIB&RC) under Rule 45 of the Insecticides Rules, 1971. Mandatory Chapter 29 additional qualifiers in the import declaration are required under CBIC Circular 23/2023-Cus dated 30-09-2023.
- Registration and permit from CIB&RC
- Import certificate from NDPS authority
- Chapter 29 qualifiers from CBIC
Procedural directions for customs clearance are issued by: Directorate General of Foreign Trade, Central Board of Indirect Taxes and Customs.
- 1If the dichlorotrifluoroethane product is listed in the Schedule to the Insecticides Act, 1968, obtain registration and an import permit from the secretariat of the Central Insecticides Board and Registration Committee before shipment. Import is restricted to ports notified under Rule 45 of the Insecticides Rules, 1971; diversion to an unnotified port exposes the consignment to seizure.Insecticides Act, 1968 · Rule 45 of the Insecticides Rules, 1971 · ITC (HS) policy condition 1 and 4 of Chapter 29 · DGFT Notification 26/2015-20 dated 11-08-2020
- 2Where the substance is scheduled under the Narcotic Drugs and Psychotropic Substances framework, obtain an import certificate under Rule 53 of the NDPS Rules, 1985 for medical or scientific-purpose imports. All other NDPS-classified imports are governed by Appendix-I to the ITC (HS) Schedule under policy condition 2 of Chapter 29.Chapter VII-A and Rule 53 of the NDPS Rules, 1985 · ITC (HS) policy condition 2 of Chapter 29
- 3File the bill of entry with the mandatory additional qualifiers for Chapter 29 commodities as stipulated in paragraphs 4.1 and 4.2 of CBIC Circular 23/2023-Cus, effective 15-10-2023. Where import of specified hazardous substances exceeds notified quantities, take out an insurance policy under the Public Liability Insurance Act, 1991 per S.O. 227(E) dated 24-03-1992.CBIC Circular 23/2023-Cus dated 30-09-2023 · S.O. 227(E) dated 24-03-1992
The most common error on this tariff line is assuming that DGFT Restricted-import clearance under policy conditions 1 and 4 exhausts the compliance obligation. HCFC-123 may simultaneously trigger CIB&RC registration if the formulation appears in the Schedule to the Insecticides Act, 1968 and an NDPS import certificate if the substance is scheduled under the NDPS Rules, 1985 — both are independent of the DGFT policy condition and neither is waived by the other. Filing a bill of entry without the Chapter 29 mandatory qualifiers under CBIC Circular 23/2023-Cus will result in customs detention from 15 October 2023 onwards regardless of PGA clearance status.