Date: 2021-09-09Category: Not ApplicableState: Union GovernmentCountry: India
Amendment in Import Policy of Mercury under HS Code 28054000 and
insertion of Policy Condition No. 03 in Chapter 28 in ITC(HS),
Schedule I (Import Policy)
**Policy Summary: Amendment in Import Policy of Mercury**
**Subject:** Revision of import policy for Mercury under ITC HS Code 28054000 and insertion of Policy Condition No. 03 in Chapter 28 of the ITC HS (Schedule Import Policy).
**Authority:** Directorate General of Foreign Trade, Ministry of Commerce and Industry, Government of India, Notification No. 2/2015-2020, dated September, 2021.
**Action:** The Central Government, exercising powers under the Foreign Trade (Development and Regulation) Act, 1992, has amended the import policy of Mercury and inserted a new policy condition.
**Details:**
* **ITC HS Code:** 28054000 (Mercury)
* **Existing Policy:** Free
* **Revised Policy:** Restricted, subject to Policy Condition No. 3
**Policy Condition No. 3:**
* A Prior Informed Consent (PIC) procedure, as per the Minamata Convention on Mercury, must be obtained from the National Focal Point of the Minamata Convention at the Ministry of Environment, Forest and Climate Change (MoEFCC) for import/export of mercury.
* Details of the PIC procedure are available on the MoEFCC website: http://moef.gov.in (Environment Divisions, Hazardous Substance Management Division, Import/Export section).
**Effect of Notification:** The import policy of Mercury is revised from Free to Restricted, contingent upon obtaining Prior Informed Consent from MoEFCC.
**Issued By:** Director General of Foreign Trade, Ex officio Addl. Secretary to the Government of India.
**File No.:** 01/89/180/38/AM1/2PC/AE26617
Key Entities Referenced
Mercury: A chemical element whose import policy is being amended.
ITC HS Code 28054000: The Harmonized System code for Mercury, used for import/export classification.
FTDR Act, 1992: Foreign Trade (Development and Regulation) Act, 1992, the legal basis for the notification.
Foreign Trade Policy, 2015-2020: The prevailing foreign trade policy under which the amendment is made.
Minamata Convention on mercury: An international treaty to protect human health and the environment from anthropogenic emissions and releases of mercury and mercury compounds.
Ministry of Environment, Forest and Climate Change (MoEFCC): The Indian government ministry responsible for environmental protection, which serves as the National Focal Point for the Minamata Convention.
Prior Informed Consent (PIC): A procedure mandated by the Minamata Convention, requiring consent from the importing country before mercury can be imported.
Directorate General of Foreign Trade: The Indian government agency responsible for implementing and enforcing foreign trade policy.
To be published in the Gazette of India Extraordinary Part-II, Section-3, Sub-Section (Il)
Government of India
Ministry of Commerce & Industry
Department of Commerce
Directorate General of Foreign Trade
Notification No.2 /2015-2020
New Delhi, Dated: % September, 2021
Subject: Amendment in Import Policy of Mercury under ITC HS Code 28054000 and
insertion of Policy Condition No. 03 in Chapter 28 of ITC(HS), Schedule \(Import Policy).
S.O. (E): In exercise of powers conferred by Section 3 read with Section 5 of FT (D&R)
Act, 1992, read with paragraph 1.02 and 2.01 of the Foreign Trade Policy, 2015-2020,
as amended from time to time, the Central Government hereby amends the Import
Policy of Mercury under ITC HS Code 28054000 and also inserts a new Policy
Condition 3 in Chapter 28 of ITC HS classification (Import Policy Schedule |) as under:
Exim Code Item Present Existing |Revised Revised
Description [Policy Policy Policy Policy
Condition Condition
28054000 Mercury Free -- Restricted — |Subject to Policy
Condition No. 3
2. A Policy Condition No. 03 is added in the Chapter-28 of ITC(HS), Schedule |
(Import Policy):
"A Prior Informed Consent (PIC) procedure as per the provisions of the Minamata
Convention on mercury is to be obtained from the National Focal Point of Minamata
Convention in the Ministry of Environment, Forest and Climate Change (MoEF&CC) in
case of import/export of mercury. Details of PIC procedure can be accessed from the
website of MoEF&CC: http:/moef.gov.in/ (Divisions -> Environment Divisions->
Hazardous Substance Management Division -> Import/Export)"
Effect of the Notification: Import policy of Mercury has been revised from ‘Free’ to
‘Restricted’ subject to obtaining Prior Informed Consent from MoEF&CC.
This issues with the approval of Minister of Commerce & Industry.
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(A Aaoa\ro2\
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Director General of Foreign Trade&
Ex- officio Addl. Secretary to the Government of India
(File No.01/89/180/38/AM-1 2/PC-2(A)/E-26617)