Other perhalogenated derivatives
Other perhalogenated derivatives of hydrocarbons
HSN 2903 78 00 (Other perhalogenated derivatives) is subject to Central Insecticides Board and Registration Committee (CIB&RC) registration and import permit under the Insecticides Act, 1968 where the substance falls in the Schedule to that Act. Narcotic Drugs and Psychotropic Substances (NDPS) Rules, 1985 controls apply concurrently where the substance is a scheduled narcotic or psychotropic, and the tariff line is Restricted under the ITC (HS) import policy with mandatory Chapter 29 qualifiers under CBIC Circular 23/2023-Cus.
- Registration certificate from CIB&RC
- Import permit from CIB&RC
- 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.
- 1Where the perhalogenated derivative falls within 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 may only occur at ports restricted under Rule 45 of the Insecticides Rules, 1971.Insecticides Act, 1968 · Rule 45 of the Insecticides Rules, 1971 · ITC (HS) policy condition 1 of Chapter 29
- 2Where the substance is a scheduled narcotic or psychotropic, obtain an import certificate under Rule 53 of the NDPS Rules, 1985 for medical and scientific purposes per Chapter VII-A of those Rules. All other NDPS imports are governed by Appendix-I to the ITC (HS) Schedule under policy condition 2 of Chapter 29.NDPS Rules, 1985 — Rule 53 and Chapter VII-A · ITC (HS) policy condition 2 of Chapter 29
- 3Comply with CBIC Circular 23/2023-Cus dated 30-09-2023 by declaring mandatory additional qualifiers in the import declaration for Chapter 29 commodities, as stipulated in paragraphs 4.1 and 4.2, effective 15 October 2023. Where the import of specified hazardous substances exceeds the specified quantities, take out a Public Liability Insurance policy under 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 critical error on this tariff line is failing to determine, before shipment, whether the specific perhalogenated compound is listed in the Schedule to the Insecticides Act, 1968 and simultaneously whether it is a scheduled substance under the NDPS Act — two entirely independent regulatory tracks that can apply to the same molecule. Importing under a CIB&RC permit does not satisfy the NDPS import certificate requirement, and an undeclared NDPS substance at the port of entry attracts seizure and criminal liability under the NDPS Act irrespective of CIB&RC compliance.