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CIRCULAR No. 20/2009-CUSTOMS

Dated : June 19, 2009

Subject: Disposal of seized / confiscated cylinders filled with refrigerant gases – regarding.

Attention is invited to the Board's letter vide F. No. 711/79/2000-Cus(AS), dated 26 th December, 2001, on the above subject. It has been brought to the notice of the Board that the field formations are facing certain difficulties with regard to disposal of seized / confiscated cylinders filled with refrigerant gases. Accordingly, the matter was taken up with Chief Controller of Explosives, Petroleum & Safety Organization, Nagpur .

2. As per Rule 3 of the Gas Cylinder Rules, 2004 (in supersession of the Gas Cylinders Rules, 1981), framed under the Explosives Act, 1884, no person shall fill any cylinder with any compressed gas or import, possess or transport any cylinder so filled or intended to be filled with such gas unless –(a) such cylinder and its valve have been constructed to a type and standard specified in Schedule 1 as amended from time-to-time by an order issued by the Chief Controller, (b) the test and inspection certificates issued by the inspecting authority in respect of cylinder and its valve are made available to the Chief Controller and prior approval of the said authority is obtained. Further, as per Rule 29 of the said Rules, no person shall import any cylinder filled or intended to be filled with any compressed gas except under and in accordance with the conditions of a licence granted under these rules and the relevant provisions of Foreign Trade (Development & Regulations) Act, 1992. Also, as per Rule 43 of the said Rules, no person shall fill any cylinder with compressed gas and no cylinder filled with compressed gas shall be possessed by anyone except under and in accordance with the conditions of a licence granted under these rules.

3. In accordance with the provisions laid down under the Gas Cylinder Rules, 1981, Department of Explosives had earlier issued Circular No. G.3 (17) 15 /98/I, dated 24-8-2001 and listed four firms to which such cylinders could be disposed of. Accordingly these four firms were listed, vide Board's instruction F. No. 711/79/2000-Cus (AS), dated 26 th December, 2001. The Chief Controller of Explosives, Nagpur, vide letter no. G-3(17)/15/98/I, dated 11-5-2009 has now forwarded a list of four additional firms. The firms have been advised by the Chief Controller of Explosives to extend necessary cooperation and guidance for disposal of refrigerant cylinders to the Customs authorities in the interest of public safety whenever any reference in this regard is received by them. The following is the complete list of firms along with addresses:

1) M/s SRF Ltd., A-16, Aruna Asaf Ali Marg , Qutab Institutional Area, New Delhi-67

2) M/s Chemplast Sanmar Limited, 8, Cathedral Road, Chennai-600 086.

3) M/s Gujarat Flurochemicals Limited, A-6, Connaught Place, New Delhi.

4) M/s Navin Fluorine Industries Ltd., 7 th Floor, Mafatlal Centre, Nariman Point, Mumbai-86.

5) M/s BOC India Ltd., T-25, MIDC Industrial Area Taloja-410208, Navi Mumbai.

6) M/s Praxair India Pvt. Ltd., 8, Ulsoor Road Praxair House, Bangalore-560042.

7) M/s Stallion Enterprises, No.4, Orbit Industrial Estate, Chincholi Bunder Road Extn ., Off Maland Link Road, Malad (W) Mumbai – 400064.

8) M/s Refex Refrigerants Limited, 20, Mooker Nallamuthu Street, Chennai- 600001.

4. Accordingly, it is hereby directed that seized or confiscated cylinders filled with refrigerant gases viz., CFC-11, CFC-12, HCFC-22 and other ozone depleting substances as given in Schedule 1 of the Ozone Depleting Substances (Control & Regulations) Rules, 2000, may be disposed of to one of the above mentioned eight approved refrigerant filling plants, provided they are specifically permitted in writing to decant such gases in approved cylinders by the Chief Controller of Explosives. The intimation to this effect may be given to the Director (Ozone), Ministry of Environment & Forest, who will ensure that the corresponding quantity is accordingly debited from the prescribed quota of the concerned manufacturer.

5. A ny difficulty in the implementation of the aforesaid measures may be brought to the notice of the Board. All the previous circulars / references issued on the subject may be deemed to have been superseded.

F. No. 711 / 44 / 2007-Cus (AS)

(K. Ramakrishnan)
Deputy Secretary to the Govt. of India

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