In case of “ re-import after repair “ do the importer requir

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Querist : Anonymous

Querist : Anonymous (Querist)

17 September 2015 EOU had imported some electronic lab equipment in the past.
When the Equipment was found defective, in the absence of any service Centre in India, the same was ‘re-exported for Repair” to the overseas service Centre of the manufaurer
Now after repair, they are re-importing the equipment, for which they have paid in advance the repairing charges to the overseas service Centre. .
However, the custom is detaining the said re-import asking the EOU to produce permission from Ministry Of Environment, Forest & Climate Change (MOEF)
Is there any necessity to get such permission from MOEF for Re-imports of repaired equipment?
We know all attempts has to be made to make our motherland environmentally clean
Hazardous waste generated within the country and that is coming from outside the country should be checked and reduced.
At the same time in this case i.e. Re-imports of repaired equipment’s the following points are to be considered
1. The equipment was imported into India long time back .
2. The equipment became defective and instead of throwing it away as waste, it was re-exported for repair
3. Now it is repaired and hence it is not coming back as a waste product.
4. In other words, the re-exported defective equipment which was in India, is coming back after repair as usable item only to be used continuously.
Definitely there will be some notification waiving off ‘re-imports after repair “from the purview of MOEF permission.
Can anyone give some more light on this? I do not think that Government is not so illogical to overlook the above mentioned points.

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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17 September 2015 meet in MOEF department .

further info:

http://envfor.nic.in/legis/eia/doonval.html

Querist : Anonymous

Querist : Anonymous (Querist)

18 September 2015 Thanks Ramesh
But you know what you have shown is very old notifcation .
What I want to know about any latest notfication where it says that no permission form MOEF is required to re-import of repaired items or in othewords bringing back repaired items back to India. Pl go thru my query once again .
Requests other experts also to comeout with some detailed reply

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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30 September 2015 in the case of M/s Hindustan Aeronautics Ltd., Lucknow (No.23-71/2012-HSMD)on 55th meeting of Expert Committee held during 12th-13th February 2015

the committee observed "The defective components imported for repair can be exported after repair within a period of three years instead of one year mentioned in the earlier NOCs (Ref. 23-71/2012-HSMD and dated 26.9.2014 and 18.12.2014)"

Querist : Anonymous

Querist : Anonymous (Querist)

01 October 2015 the query is not understood and answered properly. Please note that this is RE-IMPORT AFTER REPAIR Please note once again

A. The equipment of foreign origin was imported into India long time back.
B. When it became defective, instead of throwing it away as waste, in the absence of any service centre in India, it was re-exported for repair to the overseas manufacturer, after taking prior permission from jurisdictional central excise office, fulfilling all formalities for Re-export for Repair & Return.
C. Now it is repaired by the overseas service centre and is being sent back (re-imported) to India. Hence this import is known as “Re-import after repair”.
D. In other words, the equipment is getting imported not as a waste product, but as repaired one, for continuous use in India.
E. Of course, had it not been re-exported for repair, it would have remained as a waste in India.
F. Besides, the EOU have already paid to the consignor (Service Centre),the charges for repair, in foreign currency..
G. Still, why does the custom ask the assesse to get permission from MOEF to clear this Re-import after repair?
REQEST FROM EXPERTS TO GIVE SOME ANSWERS.

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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05 October 2015 refer to mine 30 september 2015 reply
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you can re-import this item within one year after repair then after one year must need the MOEF NOC.

for more information read the case of M/S Hindustan Aeronautics lTD. AS ABOVE

Querist : Anonymous

Querist : Anonymous (Querist)

05 October 2015 There is huge difference between what I asked and what happened to HAL. In case of HAL , I think, they had exported a product of Indian origin to a foreign country , which had returned to them ( back to India ) for repair .
However , in this case , it is the other way . EOU imported foreign origin electronic equipment in past (2008). When they found it defective they had sent ( re-exported ) it to the overseas manufacturer for Repair & to Return in May 2015. Now the same equipment is coming back ( re-imported) in Sept 2015 , after rectifying the defect. For this the EOU had paid repairing charges in foreign currency to the overseas manufacturer . Why do EOU need MOEF permission for this repaired equipment, which is coming not as waste , but for continuous use . Hope this is clear to all now .

Querist : Anonymous

Querist : Anonymous (Querist)

10 March 2016 After a delay and heap of permission seeking spree there is a light at the end of the tunnel.
It also confirm that “In this present Government there can be some delay but not disappointments ". Ultimately it seems that the MOEF has permitted “”import of used electrical and electronic assemblies exported for repair abroad and re-imported after repair” (without seeking permission from them )
Refer to the GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION, NEW DELHI, dated 20th January, 2016, [F. NO. 61/2011-HSMD]
However, still there is still a spoke in this notification since it is shown under the caption “TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (iill.)
Hence the question ( Confusion ) ? Will this permission , be kept in hold till the publication of the above Notification in the GAZETTE OF INDIA,? It is million dollar question. The term “To be published “ is a future tense and hence the tension remain .
Also do do check whether there is any corresponding- confirming-notification or permission from the Custom endorsing this MOEF Notification on . Anyway , so far it is a positive step.