A. INTRODUCTION
B. NOTIFICATIONS PERTAINING TO TESTING OF AZO DYES BY TEXTILE COMMITTEE
C. NO AZO DYES CLEARANCE FOR TEXTILES IMPORT AGAINST ADVANCE LICENCE
D. AZO DYES CERTIFICATE NOT REQUIRED FOR LINING MATERIAL IMPORT FOR EXPORT PRODUCTION
E. Import for export production under customs bond exempted
F. Raw white textiles, transmission belts, pressure belts, lining material for luggage goods exempted

A. Introduction
The link between azo dyes and cancer in Germany was a major topic of debate in India at the early 1990s. In response to the ban on the use of azo dyes in textiles and leather, the Government of India has also prohibited the use of azo dyes in the import of textiles into India. Thus all textile and textile articles must carry the appropriate certificate from notified agencies. The measure comes into effect on 1 April 2001. The list of the approved agencies have been given in a separate public notice.

As a measure of export promotion, the azo dye free certificate is not required for certain classes of goods going into export production. The exemption notification is also given below.

Import of textile and textile articles is permitted subject to the condition that they shall not contain any of the hazardous dyes whose handling, production, carriage or use is prohibited by the Government of India under the provisions of clause (d) of subsection (2) of section 6 of the Environment (Protection) Act, 1986 (29 of 1986) read with the relevant rule(s) framed thereunder. For this purpose, the import consignments shall accompany a preshipment certificate from the notified agencies. In cases where such certificates are not available, the consignment will be cleared after testing of the same from the notified agencies based on the following parameters:

a)  At least 25% of samples are drawn for testing instead of 100%.

b)  While drawing the samples, it will be ensured by Customs that majority samples are drawn from consignments originating from countries where there is no legal prohibition on the use of harmful hazardous Dyes.

c)         The test report will be valid for a period of six months in cases where the textile/textile articles of the same specification/quality are imported and the importer, supplier and the country of origin are the same.

[Ref: DGFT Notification No. 03(RE) dated 31 March 2001 as amended by DGFT notification 29(RE) dated 28 January 2004]

B. Notifications pertaining to testing of Azo Dyes by Textile Committee

[Ref: DGFT Public Notice No. 12(RE) dated 03 May 2001]

In exercise of powers conferred under paragraph 4.11 of the Export and Import Policy, 1997-2002, the Director General of Foreign Trade hereby notifies the procedure to be followed for compliance of condition at paragraph 11 of Notification no. 3 (RE-2001)/97-02 dated 31.03.2001, for allowing import of textile and textile articles:

1. All import consignment carrying a preshipment inspection certificate from a textile testing laboratory accredited to the National Accredition Agency of the country or origin, certifying that the import consignment does not contain any of the hazardous dyes as per aforementioned paragraph 11 shall be allowed to be cleared.

2. The import consignments which do not carry any preshipment inspection certificate as per paragraph 1 above, shall be allowed to be cleared after getting the sample of the imported consignment tested and certified from any of the agencies indicated in the Annexure to this public notice, that the imported consignment does not carry any of the prohibited dyes as per paragraph 11 of notification no. 3(RE-2001)/97-02 dated 31.03.2001.

Annexure


Sl. No. Address Location Tel. No./Fax No. Contact person
1 Textile Committee, Crystal, 79, Dr. A.B. Road, Worli, Mumbai-400018  Mumbai (022) 24982331, 24934555,24964521 Dr. G.S. Nadiger, Director(Laboratories)
2 Textiles Committee platinum Centre, 2nd Floor, Bank Road, Cannanore-670001 Cannanore (0497) 2506390 Shri Tilak Prasad, Asstt. Inspecting Officer
3 Textiles Committee, North Wing 1st Floor, T.N.S.C. Board Complex, 212, R.K. Murli Road, Mylapore, Chennai-6000004 Chennai (044) 24940740 Shri M.Gopalan, Dy. Chief Inspecting Officer
4 Textiles Committee, N/S/0/2, Nehru Place, Tong Road, Jaipur-302015 Jaipur (0141)2514453/N.A Shri S.N. Bailur, Senior Scientific Officer II
5 Textiles Committee, 48-B, Tagore Nagar, Civil Lines, Ludhiana-141001 Ludhiana (0161)2474906 Shri Balaram Kumar, Senior 
6 Textiles Committee, 18A, Keelamathur, Pallivasal Street, Kamraj Road, Madurai-625009 Madurai (0452)2623303 Shri A. Abraham, Inspecting Officer
7 Textile Committee, 41, Community Centre, Phase-I, Naraina, New Delhi-110028 New Delhi (011)25795241, 25792364, 25793722

Fax: 24795241

Shri P.K. Sen, Senior Scientific Officer-I
8 Textiles Committee, 205, B.S. Sundaram Road, Trupur-641601 Tirupur Fax: (0421)2702500 Shri N. Jeeva, Inspecting Officer
9 Central Silk Technological Research Institute (CSTRI), Central Silk Board, Madiwala Road, Bangalore-560054 Bangalore (080)26685238/26680435 Dr. T.H.Somashekhar, Director
10 Eco Testing Laboratory Central Silk Technological Research Institute, Central Silk Board, 21, Radha Rani Sinha Road, Bhagalpur-812001, Bihar Bhagalpur PP(0641)2401048 Shri M.A. Moon Dy. Director
11 Eco Testing Laboratory, Central Silk Technological Research Institute, Central Silk Board, IIT Campus, Chowkaghat, Varanasi-221002 Varanasi (0541)2347306 Shri M.K.Majumdar, Dy. Director

C. No Azo Dyes Clearance for Textiles Import against Advance Licence

[Ref: Policy Circular No. 03 dated 07 June 2001]

The DGFT has clarified that the condition on import of textile and textile articles as per the notification 03(RE) dated 31 March 2001, are not applicable on imports made under Annual Advance licences and Advance Licences for physical exports issued with actual user condition (Para 7.4 of Exim policy prior to RE-2000, para 7.3 (a) of Exim Policy (RE-2000 and RE-2001). Similarly, this condition will not be applicable on imports made by 100% EOUs and units in EPZ/SEZ. However, the aforementioned condition shall be applicable when the 100% EOUs and units in EPZ/SEZ, effects sale/transfer of any textile or textile article to Domestic Tariff Area.

D. Azo Dyes Certificate not required for Lining Material Import for Export Production

Subject: Condition on import of textile and textile articles as per paragraph 11 of Notification no. 3 (RE-2001)/ 1997-2002 dated 31st March, 2001.

[Ref: Policy Circular No. 05 dated 20 July 2001]

Representations have been received requesting to provide exemption from the above mentioned conditions on import of such textile and textile which are imported exclusively for export production.

2. In this regard, and in continuation to policy circular no. 3(RE-2001)/1997-2002 dated 07.06.2001, it is hereby further clarified that the condition on import of textile and textile articles as per the aforementioned notification, shall not be applicable on imports made under provisions at paragraph 7.5 of Export and Import Policy, 1997-2002 (incorporating amendments made upto 31.03.2001) and on import made as per conditions at Sl.no. 156 and 156(A) of Ministry of Finance, Dept. of Revenue, Notification no. 43/2001-customs dated 25.04.2001. Paragraph 7.5 of Exim Policy permits duty free import for export on job work basis Notification no 43 of Customs permits duty free import of lining, interlining and other consumables for exports, subject to the conditions given therein.

This issues with approval of Director General of Foreign Trade.

E. Import for export production under customs bond exempted

[Ref: DGFT Policy Circular No. 1/2000-2007 dated 31 March 2002]

Subject: Condition on import of textile and textile articles as per paragraph 11 of chapter 1A: General notes regarding import policy of ITC(HS) Classifications of Export and Import Items, 2002-2007.

Representations have been received requesting to provide exemption from the above mentioned conditions on import of such textile and textile articles which are imported exclusively for export production. 

2. In this regard, it is hereby clarified that the condition on import of textile and textile articles as per the aforementioned notification, shall not be applicable on imports made by units operating under the conditions of section 65 of Customs Act, 1962.  However, the condition regarding testing shall be made applicable if any consignment using the imported textile material is released for home consumption.  Similarly, the above mentioned condition shall not be applicable on imports made as per the conditions of paragraph 2.35 of the Exim Policy, 2002-2007.  However, the condition regarding testing has to be made applicable on such consignments which are released for home consumption.

This issues with approval of Director General of Foreign Trade.

F. Raw white textiles, transmission belts, pressure belts, lining material for luggage goods exempted

[Ref: DGFT Policy Circular No. 01 (RE-2003)/2002-2007 dated 17 April 2003 as amended by Policy Circular No. 27(RE-2003)/2002-2007 dated 16 February 2004]

Subject: Condition on import of textile and textile articles as per paragraph 11 of chapter 1A: General notes regarding import policy of ITC (HS) Classifications of Export and Import Items, 2002-2007.

Representations have been received requesting for exemption from the above mentioned conditions on import of grey/raw white textile products and industrial products viz. transmission belts/ pressure belts etc. which do not come into direct contact with the human body.

2. In this regard, it is stated that the issue has been examined in consultation with the Ministry of Textiles and in view of the comments made available it is hereby clarified that the imports of the following items of textile are exempted from the  condition of  production of pre-shipment certificate.

1. Import of consignments of grey/raw textile products which are usable as raw white and

2.  Import consignments of industrial product i.e. transmission belts/ pressure belts, lining material for manufacture of luggage goods which do not come into direct contact with the human body

The importer shall however, be required to give an undertaking to the concerned customs authorities to this effect at the time of imports.

This issues with approval of Director General of Foreign Trade.