F.No.450/19/2005-Cus.IV
Government of India
Ministry of Finance
(Department of Revenue)
Central Board of Excise & Customs
New
Delhi-110 001.
2nd
April, 2009.
To
All
Commissioners of Customs / Customs (Prev.).
All
Commissioners of Customs & Central Excise.
Subject:
Implementation of the provisions of Phytosanitary requirements under
the Plant Quarantine (Regulation of Import into India) Order, 2003 -
regarding.
Sir
/ Madam,
Your attention is invited to the Board’s Circular No.39/2004-Customs
dated 3.6.2004 on
the subject mentioned above, wherein, it was stated that the newly
introduced sub-clause 20A of Clause 3 of the Plant Quarantine (Regulation of
Import into India) Order, 2003 had entered into force w.e.f. 1.9.2004.
2. In terms of the above
provisions, no article, packed with raw or solid wood packaging material shall
be released by the proper officer of Customs unless the wood packaging material
has been appropriately treated and marked as per International Standards for
Phytosanitary Measures (ISPM) No. 15 or accompanied by a phytosanitary
certificate with the treatment endorsed. The
instructions also provided that the proper officer of Customs shall grant
release of such articles packed with untreated wood packaging material only
after ensuring that the wood packaging material has been appropriately treated
at the point of entry under the supervision of Plant Quarantine Officer.
3. However,
during a recent meeting with the Department of Agriculture and Cooperation, it
was pointed out that the cases of phytosanitary non-compliance to the ISPM-15
requirements in respect of packaging material are not being reported to the
Plant Quarantine authorities. It has also been reported by them that
disconcerting reports of rejection of our export consignments on phytosanitary
grounds have been noticed. In
view of the above, you may like to instruct the Customs Officers to report the
non-compliant cases to the concerned Plant Quarantine Station / authorities for
necessary action.
4.
In this regard, it is stated that ISPM-15, the Standards prescribed for
wood packaging material describes about the phytosanitary treatment or measures
required to be taken to reduce the risk of introduction and/or spread of
quarantine pests associated with wood packaging material (including dunnage),
made of coniferous and non-coniferous raw wood.
As regards imports, sub-clause 20A of Clause 3 of the Plant Quarantine
(Regulation of Import into India) Order, 2003 require that all wood packaging
material, raw or solid, shall be subject to specified treatment and carrying the
ISPM-15 marking on it. As regards
goods exported from India, since many countries require that the wood packaging
material is to be treated prior to shipment in order to satisfy their Plant
Quarantine requirements, the Directorate of Plant Protection Quarantine &
Storage have issued instructions to various phytosanitary certificate issuing
authorities for strict adherence to the protocols and guidelines issued by that
Department for issuance of phytosanitary certificates. With an increasing number
of exports involving rejection of agri-export consignments on phytosanitary
grounds, the Department of Agriculture and Cooperation have requested to
sensitize the officers of the Customs about the requirements of ISPM – 15
Standards. In order to explain the
requirements of ISPM-15 on imports and exports of goods packed in raw or solid
wood materials, significance of ISPM – 15 marking on wood packaging material
and its identification by various stakeholders who handle import / export
consignments at customs stations, it is stated that during monthly trade
facilitation meetings held in the Commissionerates, the Plant Quarantine
Officers may be required to explain the compliance requirements in terms of the
ISPM-15 so that minimum inconvenience is caused to the importers / exporters
while ensuring checking of the wood packaging.
5.
In view of the above, the instructions of the Board
contained in Circular No.9/2004-Customs dated 3.6.2004
regarding checking of wood packaging material in the imported consignments are
reiterated and it is requested that the cases of non-compliance to the standards
of ISPM-15 may be reported to the concerned Plant Quarantine station /
authorities for taking necessary action.
6.
The field formations as well as trade and industry may be suitably
informed.
Yours
faithfully,
(M.M.
Parthiban)
Director (Customs)