Circular No. 01/2013/TT-BTNMT dated January 28, 2013 of the Ministry of Natural Resources and Environment stipulating on scraps permitted to be imported for use as raw materials for production

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Circular No. 01/2013/TT-BTNMT dated January 28, 2013 of the Ministry of Natural Resources and Environment stipulating on scraps permitted to be imported for use as raw materials for production
Issuing body: Ministry of Natural Resources and EnvironmentEffective date:
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Official number:01/2013/TT-BTNMTSigner:Bui Cach Tuyen
Type:CircularExpiry date:
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Issuing date:28/01/2013Effect status:
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THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT

Circular No. 01/2013/TT-BTNMT of January 28, 2013, stipulating scraps permitted to be imported for use as production materials

Pursuant to the November 29, 2005 Law on Environmental Protection;

Pursuant to the June 14, 2005 Commercial Law;

Pursuant to the Government’s Decree No. 12/2006/ND-CP of January 23, 2006, detailing the Commercial Law regarding international goods sale and purchase as well as goods sale and purchase agency, processing and transit with foreign parties;

Pursuant to the Government’s Decree No. 80/2006/ND-CP of August 9, 2006, detailing and guiding a number of articles of the Law on Environmental Protection;

Pursuant to the Government’s Decree No. 25/2008/ND-CP of March 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment, which was amended and supplemented under Decrees No. 19/2010/ND-CP of March 5, 2010, and No. 89/2010/ND-CP of August 16, 2010;

At the proposal of the director general of the Vietnam Environment Administration and the director of the Legal Department,

The Minister of Natural Resources and Environment promulgates the Circular stipulating scraps permitted to be imported for use as production materials.

Article 1. To promulgate together with this Circular:

1. The list of scraps permitted to be imported from foreign countries for use as production materials (Appendix I).

2. The list of scraps collected from production processes of export-processing enterprises and enterprises in non-tariff zones and permitted to be imported into the inland for use as production materials (Appendix II).

Article 2. Imported scraps must meet law-prescribed conditions on the import of scraps for use as production materials and be cleaned to remove wastes, materials, objects, articles and goods banned from import under Vietnam’s law or treaties to which the Socialist Republic of Vietnam is a contracting party and classified according to HS codes, scrap names and descriptions, and quality requirements in conformity with the lists promulgated together with this Circular.

Article 3. When importing scraps from foreign countries for use as production materials, export-processing enterprises and enterprises in non-tariff zones shall comply with Articles 1 and 2 of this Circular.

Article 4. This Circular takes effect on April 1, 2013.

The Minister of Natural Resources and Environment’s Decision No. 12/2006/QD-BTNMT of April 8, 2006, promulgating the list of scraps permitted to be imported for use as production materials, ceases to be effective on the effective date of this Circular.

Article 5. The Ministry of Natural Resources and Environment assigns the Vietnam Environment Administration to guide, inspect, monitor and urge the implementation of this Circular.

Ministries, ministerial-level agencies, government-attached agencies, People’s Committees at all levels and related organizations and individuals shall implement this Circular.

Any difficulties and problems arising in the course of implementation of this Circular should be promptly reported to the Ministry of Natural Resources and Environment for consideration and settlement.

For the Minister of Natural Resources and Environment
Deputy Minister
BUI CACH TUYEN

 

Appendix I

LIST OF SCRAPS PERMITTED TO BE IMPORTED FROM FOREIGN COUNTRIES FOR USE AS PRODUCTION MATERIALS

(To the Minister of Natural Resources and Environment’s Circular
No. 01/2013/TT-BTNMT of January 28, 2013)

No.

HS code

Name of scraps

Descriptions of scraps, quality requirements and use purposes

1

0508

00

20

Shells of molluscs, crustaceans or echinoderms

- Shells of molluscs, crustaceans or echinoderms such as clam, shellfish and oyster, which have been separated from flesh and other impurities, sun-dried (with a moisture of less than 50%).

- Imported for use as materials for making handicrafts or fine art articles.

2

2520

10

00

Gypsum

- Synthetic or FGD (flue gas desulphurization) gypsum, which is calcium sulfate, a compound collected from the process of desulphurizing emissions of fossil fuel furnaces.

- Imported for use as materials for producing building materials or components.

3

2618

00

00

Granulated slag (slag sand) from the manufacture of iron or steel

- Slag in granular form processed from slag of cast iron-, iron- or steel-refining blast furnaces. Meeting the requirements for granulated blast-furnace slag used for cement production prescribed in national technical regulation QCVN 16-3: 2011/BXD on the group of cement and concrete additives, promulgated by the Ministry of Construction.

- Imported for use as additives for cement production.

4

3818

00

00

Chemical elements doped for use in electronics, in the forms of disc, wafer or similar forms

- Fragments in the form of disc, wafer or piece with silicon (Si) contents of not less than 99%.

- Imported for processing into materials for manufacturing solar panels.

5

3915

10

10

Scraps and fragments of polyethylene (PE) plastics: Spongy, not stiff

- Imported plastic scraps of heading 3915 must meet national technical regulation QCVN 32: 2010/BTNMT on environmental requirements for imported plastic scraps, promulgated by the Ministry of Natural Resources and Environment.

- Imported for use as materials for manufacturing plastic products.

6

3915

10

90

Scraps and fragments of polyethylene (PE) plastics: Others

7

3915

20

10

Scraps and fragments of polystyrene (PS) plastics: Spongy, not stiff

8

3915

20

90

Scraps and fragments of polystyrene (PS) plastics: Others

9

3915

30

10

 

Scraps and fragments of polyvinyl chloride (PVC) plastics: Spongy, not stiff

10

3915

30

90

Scraps and fragments of polyvinyl chloride (PVC) plastics: Others

11

3915

90

00

Scraps and fragments of other plastics

12

4707

10

00

Recovered paper or paperboard (scraps and parings):

Kraft or corrugated paper or paperboard, unbleached

- Imported paper or paperboard scraps of heading 4707 must meet national technical regulation QCVN 33: 2010/BTNMT on environmental requirements for imported paper scraps, promulgated by the Ministry of Natural Resources and Environment.

- Imported for use as materials for manufacturing pulp and paper or paperboard products.

13

4707

20

00

Recovered paper or paperboard (scraps and parings):

Other paper or paperboard made mainly of chemically processed pulp, bleached but not wholly colored

14

4707

30

00

Recovered paper or paperboard (scraps and parings):

Paper or paperboard made mainly of mechanically processed pulp (for example, newspapers, journals and similar publications)

15

4707

90

00

Recovered paper or paperboard (scraps and parings):

Others, including unsorted scraps and parings

16

5003

00

00

Silk waste (including cocoons unsuitable for reeling, yarn waste and recycled yarn)

- Silk and cocoon waste recovered from the reeling or yarn manufacturing process.

- Imported for manufacturing silk cord, yarn or fabric.

17

7001

00

00

Cullet and other glass scraps and fragments; glass in the mass

- Excluding cullet or glass scraps from chemical containers, glass from picture tubes of television sets and monitors, fluorescent lamps, glass containers and other active glass.

- Imported for manufacturing glass products.

18

7204

10

00

Cast iron scraps and fragments

- Imported scraps of heading 7204 must meet national technical regulation QCVN 31: 2010/BTNMT on environmental requirements for imported iron and steel scraps, promulgated by the Ministry of Natural Resources and Environment.

- Imported scraps of heading 7204 may be in bulk or in faggots but must not be pressed into blocks or packed in bales or cakes.

- It is not allowed to import sawdust and fillings as iron and steel scraps of HS code 7204 4100.

19

7204

21

00

Alloy steel scraps and fragments: Of stainless steel

20

7204

29

00

Alloy steel scraps and fragments: Others (other than those of stainless steel)

21

7204

30

00

Tinned iron or steel scraps and fragments

22

7204

41

00

Other iron or steel scraps and fragments: Turnings, shavings, chips, milling wastes, fillings and trimmings, not yet pressed into blocks or packed in bales or cakes

23

7204

49

00

Other iron or steel scraps and fragments: Others

24

7204

50

00

Remelting scrap ingots (of iron, steel or cast iron)

25

7404

00

00

Copper scraps and fragments

- Imported non-ferrous metal scraps and fragments of HS codes corresponding to ordinal numbers 25 thru 37 may contain the following:

. Rod sections, pipe sections, nodes, tips, shavings, strings, pieces ingots or fragments of metals or alloys of such metals discarded from the production process;

. Metals or metal alloys sorted and recovered from construction works, means of transport, machines, equipment and other products which have been cut or disassembled in countries or territories of exportation;

. Copper or aluminum cores of electric wires and cables, which have been stripped off their insulating coats of plastic, rubber or other insulating materials;

. Used electromagnetic wires (copper wires coated with enamel insulating paints, cotton fibers or paper).

- Imported non-ferrous metal scraps and fragments of HS codes corresponding to ordinal numbers 25 thru 37 may be in bulk or pressed into blocks or packed in bales or cakes.

26

7503

00

00

Nickel scraps and fragments

27

7602

00

00

Aluminum scraps and fragments

28

7902

00

00

Zinc scraps and fragments

29

8002

00

00

Tin scraps and fragments

30

8101

97

00

Tungsten scraps and fragments

31

8102

97

00

Molybdenum scraps and fragments

32

8104

20

00

Magnesium scraps and fragments

33

8108

30

00

Titanium scraps and fragments

34

8109

30

00

Zirconium scraps and fragments

35

8110

20

00

Antimony scraps and fragments

36

8111

00

00

Manganese scraps and fragments

37

8112

22

00

Chromium scraps and fragments

Note: In pursuance to Section VIII of Appendix 3 to the Government’s Decree No. 12/2006/ND-CP of January 23, 2006, detailing the Commercial Law regarding international goods sale and purchase and goods sale and purchase agency, processing and transit with foreign parties. HS codes and names of scraps in this list comply with the Ministry of Finance’s Circular No. 193/2012/TT-BTC of November 15, 2012, promulgating the Export Tariff and Preferential Import Tariff according to the list of taxable commodity items.

 

Appendix II

LIST OF SCRAPS WHICH ARE COLLECTED FROM PRODUCTION PROCESSES OF EXPORT-PROCESSING ENTERPRISES AND ENTERPRISES IN NON-TARIFF ZONES AND PERMITTED TO BE IMPORTED INTO THE INLAND FOR USE AS PRODUCTION MATERIALS

(To the Minister of Natural Resources and Environment’s Circular
No. 01/2013/TT-BTNMT of January 28, 2013)

No.

HS Code

Name of scraps

Descriptions of scraps, quality requirements and use purposes

1

2525

30

00

Mica scraps

- Mica discarded from production and business activities of export-processing enterprises or enterprises in non-tariff zones, which has been sorted and cleaned to remove wastes, objects and goods banned from import under Vietnam’s law.

- Objects of materials other than mica left in each lot of imported mica scraps account for not more than 5% of the volume of such lot.

- Imported for re-use as production materials.

2

2712

90

90

Paraffin wax scraps

- Paraffin wax scraps (including candle scraps) discarded from production and business activities of export-processing enterprises and enterprises in non-tariff zones, which have been sorted and cleaned to remove wastes, objects and goods banned from import under Vietnam’s law.

- Objects of materials other than paraffin wax account left in each lot of imported mica scraps account for not more than 5% of the volume of such lot.

- Imported for use as production materials.

3

3818

00

00

Chemical elements doped for use in electronics, in the form of disc, wafer or similar forms

- Fragments in the forms of disc, wafer or piece with silicon (Si) contents of not less than 99%.

- Imported for processing into materials for manufacturing solar panels.

4

3915

10

10

Scraps and fragments of polyethylene (PE) plastics: Spongy, not stiff

- Imported plastic scraps of heading 3915 include plastic objects of different shapes and sizes (including spongy or non-spongy plastics stuck on fabrics; spoiled plastic details; plastic packages not contaminated with oil, grease or chemical to the extent of hazardous wastes as guided at Point 3, Part A of Appendix 8 to the Ministry of Natural Resources and Environment’s Circular No. 12/2011/TT-BTNMT of April 14, 2011, on the management of hazardous wastes), which are discarded from production and business activities of export-processing enterprises and enterprises in non-tariff zones and have been sorted and cleaned to remove wastes, objects and goods banned from import under Vietnam’s law.

- Objects of materials other than plastics left in each lot of imported plastic scraps account for not more than 5% of the volume of such lot.

- Imported for use as materials for manufacturing plastic products.

5

3915

10

90

Scraps and fragments of polyethylene (PE) plastics: Others

6

3915

20

10

Scraps and fragments of polystyrene (PS) plastics: Spongy, not stiff

7

3915

20

90

Scraps and fragments of polystyrene (PS) plastics: Others

8

3915

30

10

Scraps and fragments of polyvinyl chloride (PVC) plastics: Spongy, not stiff

9

3915

30

90

Scraps and fragments of polyvinyl chloride (PVC) plastics: Others

10

3915

90

00

Scraps and fragments of other plastics

11

4004

00

00

Scraps and fragments of rubber (other than hard rubber)

- Rubber scraps and fragments of different shapes and sizes (including rubber stuck on fabrics), which are discarded from production and business activities of export-processing enterprises and enterprises in non-tariff zones and have been sorted and cleaned to remove wastes, objects and goods banned from import under Vietnam’s law.

- Objects of materials other than rubber left in each lot of imported rubber scraps account for not more than 5% of the volume of such lot.

- Imported for re-use as materials for manufacturing rubber products.

12

4017

00

90

Scraps of hard rubber (for example, ebonite)

- Hard rubber scraps and fragments of different shapes and sizes (including rubber stuck on fabrics), which are discarded from production and business activities of export-processing enterprises and enterprises in non-tariff zones and have been sorted and cleansed from wastes, objects and goods banned from import under Vietnam’s law.

- Objects of materials other than rubber left in each lot of imported rubber scraps account for not more than 5% of the volume of such lot.

- Imported for re-use as materials for manufacturing rubber products.

13

4401

39

00

Sawdust and wood scraps (in different forms), whether or not agglomerated in logs, briquettes, pellets or similar forms

- Sawdust or wood scraps (including discarded particle boards and plywood, wood pellets, wood particles, shavings and wood chips), which are discarded from production and business activities of export-processing enterprises and enterprises in non-tariff zones and have been sorted and cleaned to remove wastes, objects and goods banned from import under Vietnam’s law.

- Objects of materials other than wood left in each lot of imported sawdust or wood scraps account for not more than 5% of the volume of such lot.

- Imported for re-use as materials for manufacturing wood products or as fuel.

14

4707

10

00

Recovered paper or paperboard (scraps and parings):

Kraft or corrugated paper or paperboard, unbleached

- Imported paper or paperboard scraps of heading 4707 include assorted paper or paperboard products, objects and materials which are discarded from production and business activities of export-processing enterprises and enterprises in non-tariff zones and have been sorted and cleaned to remove wastes, objects and goods banned from import under Vietnam’s law.

- Objects of materials other than paper or paperboard left in each lot of imported paper or paperboard scraps account for not more than 5% of the volume of such lot.

- Imported for use as materials for manufacturing pulp and paper or paperboard products.

15

4707

20

00

Recovered paper or paperboard (scraps and parings):

Other paper or paperboard made mainly of chemically processed pulp, bleached but not wholly colored

16

4707

30

00

Recovered paper or paperboard (scraps and parings):

Paper or paperboard made mainly of mechanically processed pulp (for example, newspapers, journals and similar publications)

17

4707

90

00

Recovered paper or paperboard (scraps and parings):

Others, including unsorted scraps and parings

18

5202

10

00

Yarn scraps (including threat scraps)

- Yarn or threat scraps discarded from the process of manufacturing yarns, threats or garments by export-processing enterprises and enterprises in non-tariff zones.

- Imported for use as materials for manufacturing yarns or fabrics.

19

6310

10

10

New rags (sorted)

- Rags discarded from the process of manufacturing fabrics or garments of export-processing enterprises and enterprises in non-tariff zones.

- Imported for use as materials for manufacturing yarns, fabrics or other products.

20

6310

90

10

New rags (others)

21

7001

00

00

Cullet and other glass scraps and fragments; glass in the mass

- Excluding cullet from picture tubes of television sets and monitors, fluorescent lamps, glass containers and other active glass.

- Imported for use as materials for manufacturing glass products.

22

7019

39

90

Scraps of electrical insulating fiberglass sheets

- Edges or fragments of synthetic plastic-coated electrical insulating fiberglass sheets, which are discarded from production and business activities of export-processing enterprises and enterprises in non-tariff zones.

- Imported for re-use as electrical insulating materials.

23

 

7204

 

10

 

00

 

Cast iron scraps and fragments

 

- Imported scraps of heading 7204 include iron, steel or cast iron objects of different shapes and sizes (including spoiled iron, steel or cast iron details; iron, steel or cast iron packages not contaminated with oil, grease or chemicals to the extent of hazardous wastes as guided at Point 3, Part A of Appendix 8 to the Ministry of Natural Resources and Environment’s Circular No. 12/2011/TT-BTNMT of April 14, 2011, on management of hazardous wastes), which are discarded from production and business activities of export-processing enterprises and enterprises in non-tariff zones and have been sorted and cleaned to remove wastes, objects and goods banned from import under Vietnam’s law.

- Objects of materials other than iron, steel or cast iron left in each lot of imported scraps account for not more than 5% of the volume of such lot.

- Imported for re-use as materials for manufacturing steel.

 

24

 

7204

 

21

 

00

 

Alloy steel scraps and fragments: Of stainless steel

 

25

7204

29

00

Alloy steel scraps and fragments: Others (other than those of stainless steel)

26

7204

30

00

Tinned iron or steel scraps and fragments

27

7204

41

00

Other iron and steel scraps and fragments: Turnings, shavings, chips milling wastes, sawdust, fillings and trimmings, whether or not pressed into blocks or packed in bales, cakes or faggots

28

7204

49

00

Other iron or steel scraps and fragments: Others

29

7204

50

00

Remelting scrap ingots (of iron, steel or pig iron)

30

7404

00

00

Copper scraps and fragments

- Imported non-ferrous scraps and fragments of HS codes corresponding to the ordinal numbers 30 thru 42 include objects of corresponding metals or alloys of such metals of different shapes and sizes, which are discarded from production and business activities of export-processing enterprises and enterprises in non-tariff zones and have been sorted and cleansed from wastes, objects and goods banned from import under Vietnam’s law.

- Objects of materials other than non-ferrous metals of corresponding HS codes left in each lot of imported scraps account for not more than 5% of the volume of such lot.

- Imported for re-use as production materials.

31

7503

00

00

Nickel scraps and fragments

32

7602

00

00

Aluminum scraps and fragments

33

7902

00

00

Zinc scraps and fragments

34

8002

00

00

Tin scraps and fragments

35

8101

97

00

Tungsten scraps and fragments

36

8102

97

00

Molybdenum scraps and fragments

37

8104

20

00

Magnesium scraps and fragments

38

 

8108

 

30

 

00

 

Titanium scraps and fragments

39

8109

30

00

Zirconium scraps and fragments

40

8110

20

00

Antimony scraps and fragments

41

8111

00

10

Manganese scraps and fragments

42

 

8112

 

22

 

00

 

Chromium scraps and fragments

43

8534

 

 

Discarded printed circuits

- Edges or fragments of printed circuits of heading 8534, with electronic components not yet installed or already removed, which are discarded from production and business activities of export-processing enterprises and enterprises in non-tariff zones.

- Imported for re-use as electronic circuit panels.

44

8544

 

 

Sections and fragments of insulated (including enameled or anodized) wires and cables (including coaxial copper cables) and other insulated electric conductors

- Sections or fragments of electric wires and cables of heading 8544 which are discarded from production and business activities of export-processing enterprises and enterprises in non-tariff zones.

- Imported for re-use as electric wires or cables or for use as materials for plastic, rubber or metal production.

Notes: In pursuance to Section VIII, Appendix 3 to the Government’s Decree No. 12/2006/ND-CP of January 23, 2006, detailing the Commercial Law regarding international goods sale and purchase and goods sale and purchase agency, processing and transit with foreign parties. HS codes and names and scraps in this list comply with the Ministry of Finance’s Circular No. 193/2012/TT-BTC of November 15, 2012, promulgating the Export Tariff and Preferential Import Tariff according to the list of taxable commodity items.-

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