To be Published in the Gazette of India Extraordinary Part-II, Section - 3, Sub-Section (ii)
Government of India
Ministry of Commerce & Industry
Department of Commerce
Udyog Bhawan

Notification No.36 (RE–2012)/2009-2014 New Delhi, Dated: 28th February, 2013
Subject: Import Policy of Used Rails.

S.O.(E) In exercise of powers conferred by Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 (No. 22 of 1992), read with paragraph 2.1 of the Foreign Trade Policy, 2009-2014, as amended from time to time, the Central Government hereby amends Schedule 1 (Import Policy), ITC (HS) 2012 as under:

2. The following Policy Condition is inserted under Chapter 73 of ITC (HS) 2012, Schedule 1 (Import Policy):

Policy Condition (1):

Import of Used Rails, including cut rails of all lengths, under ITC(HS) Code 7302 is ‘free’ subject to following condition:

a) Importer shall furnish the following documents to the customs at the time of clearance of goods:

I) Pre-shipment inspection certificate as per the format in Appendix-5-B from any of the Inspection & Certification agencies listed in Appendix 5, to the effect that the consignment was checked for radiation level and rails do not contain radiation level (gamma and neutron) in excess of natural background. The certificate shall give the value of background radiation level at that place as also the maximum radiation level on the rails; and
II)Copy of the contract between the importer and the exporter stipulating that the consignment does not contain any radio active contaminated material in any form.

3. Effect of this notification:

Used Rails, including cut rails of all lengths, will be classified under Chapter 73 of ITC(HS). Import of Used Rails is ‘free’ subject to Pre-Inspection Condition.

(Anup K. Pujari)
Director General of Foreign Trade

(Issued from 01/89/180/Misc-13/AM-08/PC 2(A))