TO BE PUBLISHED IN THE GAZETTE OF INDIA
PART – II, SECTION – 3, SUB SECTION (ii)
EXTRAORDINARY
GOVERNMENT OF INDIA
MINISTRY OF COMMERCE AND INDUSTRY
DEPARTMENT OF COMMERCE
NOTIFICATION No. 26 (RE-2013)/2009-2014 .
New Delhi, Dated : 3rd July, 2013
S.O. (E) In exercise of powers conferred by Section 5 and Section 14 A of the Foreign Trade (Development & Regulation) Act, 1992 {FT(D&R) Act,1992} as amended in 2010, the Central Government hereby makes amendment to the list of specified goods, services and technologies, i.e. Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET) that was notified vide Notification No.37 (RE-2012) /2009-2014 dated 14th March, 2013.
2. The existing entry in SCOMET Category 3D001 is substituted with the following :
3D001 (1) Reaction Vessels , Reactors or Agitators
(i) Reaction vessels or reactors, with or without agitators, with total internal (geometric) volume greater than 0.1 m³ (100 l) and less than 20 m³ (20000 l), where all surfaces that come in direct contact with the chemical(s) being processed or contained are made from the following materials:
a. nickel or alloys with more than 40% nickel by weight;
b. alloys with more than 25% nickel and 20% chromium by weight;
c. fluoropolymers (polymeric or elastomeric materials with more than 35% fluorine by weight);
d. glass or glass-lined (including vitrified or enamelled coating);
e. tantalum or tantalum alloys;
f. titanium or titanium alloys;
g. zirconium or zirconium alloys; or
h. niobium (columbium) or niobium alloys.
(ii) Agitators for use in the above-mentioned reaction vessels or reactors; and impellers, blades or shafts designed for such agitators where all surfaces of the agitator that come in direct contact with the chemical(s) being processed or contained are made from the following materials:
a. nickel or alloys with more than 40% nickel by weight;
b. alloys with more than 25% nickel and 20% chromium by weight;
c. fluoropolymers (polymeric or elastomeric materials with more than 35% fluorine by weight);
d. glass or glass-lined (including vitrified or enamelled coating);
e. tantalum or tantalum alloys;
f. titanium or titanium alloys;
g. zirconium or zirconium alloys; or
h. niobium (columbium) or niobium alloys.
(2) Storage Tanks, Containers or Receivers
Storage tanks, containers or receivers with a total internal (geometric) volume greater than 0.1 m³ (100 l) where all surfaces that come in direct contact with the chemical(s) being processed or contained are made from the following materials:
a. nickel or alloys with more than 40% nickel by weight;
b. alloys with more than 25% nickel and 20% chromium by weight;
c. fluoropolymers (polymeric or elastomeric materials with more than 35% fluorine by weight);
d. glass or glass-lined (including vitrified or enamelled coating);
e. tantalum or tantalum alloys;
f. titanium or titanium alloys;
g. zirconium or zirconium alloys; or
h. niobium (columbium) or niobium alloys.
(3) Heat Exchangers or Condensers
Heat exchangers or condensers with a heat transfer surface area of greater than 0.15 m², and less than 20 m²; and tubes, plates, coils or blocks (cores) designed for such heat exchangers or condensers, where all surfaces that come in direct contact with the chemical(s) being processed are made from the following materials:
a. nickel or alloys with more than 40% nickel by weight;
b. alloys with more than 25% nickel and 20% chromium by weight;
c. fluoropolymers (polymeric or elastomeric materials with more than 35% fluorine by weight);
d. glass or glass-lined (including vitrified or enamelled coating);
e. graphite or carbon-graphite;
f. tantalum or tantalum alloys;
g. titanium or titanium alloys;
h. zirconium or zirconium alloys;
i. silicon carbide;
j. titanium carbide; or
k. niobium (columbium) or niobium alloys.
Technical note: carbon-graphite is a composition consisting of amorphous carbon and graphite, in which the graphite content is eight percent or more by weight.
(4) Distillation or Absorption Columns
Distillation or absorption columns of internal diameter greater than 0.1 m; and liquid distributors, vapour distributors or liquid collectors designed for such distillation or absorption columns, where all surfaces that come in direct contact with the chemical(s) being processed are made from the following materials:
a. nickel or alloys with more than 40% nickel by weight;
b. alloys with more than 25% nickel and 20% chromium by weight;
c. fluoropolymers (polymeric or elastomeric materials with more than 35% fluorine by weight);
d. glass or glass-lined (including vitrified or enamelled coating);
e. graphite or carbon-graphite;
f. tantalum or tantalum alloys;
g. titanium or titanium alloys;
h. zirconium or zirconium alloys; or
i. niobium (columbium) or niobium alloys.
Technical note: carbon-graphite is a composition consisting of amorphous carbon and graphite, in which the graphite content is eight percent or more by weight.
(5) Filling Equipment
Remotely operated filling equipment in which all surfaces that come in direct contact with the chemical(s) being processed are made from the following materials:
a. nickel or alloys with more than 40% nickel by weight; or
b. alloys with more than 25% nickel and 20% chromium by weight.
(6) Valves
Valves with nominal sizes greater than 1.0 cm (3/8") and casings (valve bodies) or preformed casing liners designed for such valves, in which all surfaces that come in direct contact with the chemical(s) being produced, processed, or contained are made from the following materials:
a. nickel or alloys with more than 40% nickel by weight;
b. alloys with more than 25% nickel and 20% chromium by weight;
c. fluoropolymers (polymeric or elastomeric materials with more than 35% fluorine by weight);
d. glass or glass-lined (including vitrified or enamelled coating);
e. tantalum or tantalum alloys;
f. titanium or titanium alloys;
g. zirconium or zirconium alloys;
h . niobium (columbium) or niobium alloys; or
i. ceramic materials as follows:
1. silicon carbide with a purity of 80% or more by weight;
2. aluminum oxide (alumina) with a purity of 99.9% or more by weight;
3. zirconium oxide (zirconia).
Technical note: The 'nominal size' is defined as the smaller of the inlet and outlet port diameters.
(7) Multi-Walled Piping
Multi-walled piping incorporating a leak detection port, in which all surfaces that come in direct contact with the chemical(s) being processed or contained are made from the following materials:
a. nickel or alloys with more than 40% nickel by weight;
b. alloys with more than 25% nickel and 20% chromium by weight;
c. fluoropolymers (polymeric or elastomeric materials with more than 35% fluorine by weight);
d. glass or glass-lined (including vitrified or enamelled coating);
e. graphite or carbon-graphite;
f. tantalum or tantalum alloys;
g. titanium or titanium alloys;
h. zirconium or zirconium alloys; or
i. niobium (columbium) or niobium alloys.
Technical note: carbon-graphite is a composition consisting of amorphous carbon and graphite, in which the graphite-content is eight percent or more by weight.
(8) Pumps
Multiple-seal and seal-less pumps with manufacturer's specified maximum flow-rate greater than 0.6 m3/h, or vacuum pumps with manufacturer's specified maximum flow-rate greater than 5 m³/h (under standard temperature (273 K (0o C)) and pressure (101.3 kPa) conditions), and casings (pump bodies), preformed casing liners, impellers, rotors or jet pump nozzles designed for such pumps, in which all surfaces that come into direct contact with the chemical(s) being processed are made from any of the following materials:
a. nickel or alloys with more than 40% nickel by weight;
b. alloys with more than 25% nickel and 20% chromium by weight;
c. fluoropolymers (polymeric or elastomeric materials with more than 35% fluorine by weight);
d. glass or glass-lined (including vitrified or enamelled coating);
e. graphite or carbon-graphite;
f. tantalum or tantalum alloys;
g. titanium or titanium alloys;
h. zirconium or zirconium alloys;
i. ceramics;
j. ferrosilicon (high silicon iron alloys); or
k. niobium (columbium) or niobium alloys.
Technical note: carbon-graphite is a composition consisting of amorphous carbon and graphite, in which the graphite content is eight percent or more by weight.
(9) Incinerators
Incinerators designed to destroy CW agents, AG-controlled precursors or chemical munitions, having specially designed waste supply systems, special handling facilities, and an average combustion chamber temperature greater than 1000o C, in which all surfaces in the waste supply system that come into direct contact with the waste products are made from or lined with the following materials:
a. nickel or alloys with more than 40% nickel by weight;
b. alloys with more than 25% nickel and 20% chromium by weight; or
c. ceramics.
Technical note: For the listed materials in the above entries, the term 'alloy' when not accompanied by a specific elemental concentration is understood as identifying those alloys where the identified metal is present in a higher percentage by weight than any other element.
Statement of Understanding
These controls do not apply to equipment which is specially designed for use in civil applications (for example food processing, pulp and paper processing, or water purification, etc) and is, by the nature of its design, inappropriate for use in storing, processing, producing or conducting and controlling the flow of chemical warfare agents or any controlled precursor chemical.
Note 1. The objective of these controls should not be defeated by the transfer of any non-controlled item containing one or more controlled components where the controlled component or components are the principal element of the item and can feasibly be removed or used for other purposes.
N.B. In judging whether the controlled component or components are to be considered the principal element, governments should weigh the factors of quantity, value, and technological know-how involved and other special circumstances which might establish the controlled component or components as the principal element of the item being procured.
Note 2. The objective of these controls should not be defeated by the transfer of a whole plant, on any scale, which has been designed to produce any CW agent or precursor chemical.
(Anup K. Pujari)
Director General of Foreign Trade
dgft@nic.in
