Containing substances of subheadings2903.41 to 2903.48
Halogenated hydrocarbon mixtures containing ozone-depleting substances
HSN 3827 31 00 (mixtures containing halogenated derivatives under subheadings 2903.41 to 2903.48) is subject to Montreal Protocol import controls administered by the Ministry of Environment, Forest and Climate Change (MEFCC), with import restricted to actual users holding a valid licence and permitted only from countries party to the Montreal Protocol. The Directorate General of Foreign Trade (DGFT) enforces this as a Restricted tariff line under ITC (HS) policy condition 3 of Chapter 38.
- Actual-user import licence from MEFCC
- Montreal Protocol country declaration from DGFT
- ITC (HS) policy compliance from DGFT
Procedural directions for customs clearance are issued by: Directorate General of Foreign Trade.
- 1Obtain an actual-user import licence from the Ministry of Environment, Forest and Climate Change before filing the bill of entry. Import is restricted to actual users and is not permitted for traders or intermediaries; the licence must cover the specific category and quantity of the halogenated mixture.ITC (HS) policy condition 3 of Chapter 38 · DGFT Notification 54/2015-20 dated 09-02-2022
- 2Verify that the country of export is a party to the Montreal Protocol on Substances that Deplete the Ozone Layer. Import from non-party countries is absolutely prohibited under policy condition 3 of Chapter 38; the list of party countries is published in Appendix IV to the ITC (HS) Schedule and on www.unep.org/ozone.ITC (HS) policy condition 3 of Chapter 38 · DGFT Notification 54/2015-20 dated 09-02-2022
The most common error on this tariff line is conflating possession of the actual-user licence with fulfilment of the country-of-origin requirement. Both conditions are independently mandatory: a consignment from a non-party country is prohibited outright regardless of the licence's validity, and a consignment from a party country without a current actual-user licence is equally impermissible, exposing the importer to confiscation and monetary penalty under the Foreign Trade (Development and Regulation) Act, 1992.