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- BIS Update: Exemption from Quality Control Orders under Advance Authorization and extension of Quality Control Orders on certain goods
Dear Reader,
We are writing to you with an important update on certain developments concerning mandatory certification requirements applicable to of certain products into India.
Exemption of Mandatory BIS Certification for certain goods | Background:
March 7, 2024, the Directorate General of Foreign Trade, introduced a new Para 4.18 A to the Foreign Trade Policy 2023 to enable the exemption of imported inputs under Advance Authorization and Export Oriented units from complying with the requirements of obtaining mandatory certification for products which are notified under certain Quality Control Orders. The notification is available here. Scope: Presently the exemption is only available on goods falling under the scope of Quality Control Orders issued by the Ministry of Steel and the Department for Promotion of Industry and Internal Trade. Exemption from QCOs for Advance Authorization holders is applicable only for physical exports and not for deemed exports. The notification also expressly clarifies that the exemption would not be applicable to goods imported under the DFIA Scheme. Conditions for availing exemptions:
Implications for Businesses: This exemption could significantly reduce regulatory burdens for businesses engaged in export-oriented manufacturing, allowing them to focus more on production efficiency and market expansion. However, businesses need to ensure strict compliance with the conditions outlined in the notification to avoid any potential penalties or disruptions in their operations. Further, while the exemption presents a favorable development for certain industries, it’s crucial to note its current limitation to specific products. For instance, certain goods subject to mandatory certification, such as chemicals, are not included in the scope of the exemption at present. This exclusion underscores the need for businesses operating in such sectors to continue adhering to existing regulatory requirements. The exclusion of goods imported under the DFIA Scheme also underscores the need for careful consideration by businesses of available trade schemes and their respective regulatory frameworks when planning import-export activities. |
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Extension of Quality Control Orders on certain Chemicals | On March 6, 2024, the Ministry of Chemicals and Fertilizers extended the date of enforcement of the existing Quality Control Orders for various chemicals through two notifications available here and here.
The date of entry into force of the existing Quality Control Order for the following chemicals has been extended:
As per the notifications, producers of these products will now have to secure BIS certification before these orders come into force. Once these orders come into force, both domestic and foreign manufacturers of these products will only be able to export/sell in India with a valid BIS license in place. To obtain such license, both foreign producers and domestic manufacturers of these products would need to submit an application to the BIS seeking certification. Furthermore, the process of certification will also require physical testing and inspection of the relevant product at the factory premises as well as parallel testing by a BIS authorized laboratory in India to verify the same. BIS certification is a time-consuming process and therefore it is recommended that interested producers make applications for certification at the earliest in cases wherein Quality Control Orders have been issued and are pending enforcement. For a master list of all products under mandatory BIS certification, please click here. |
For any queries or comments on this update, please feel free to contact us at insights@elp-in.com and for further details on BIS certification please contact tradewatch@elp-in.com
Disclaimer: The information provided in this update is intended for informational purposes only and does not constitute legal opinion or advice. Readers are requested to seek formal legal advice prior to acting upon any of the information provided herein. This update is not intended to address the circumstances of any particular individual or corporate body. There can be no assurance that the judicial/quasi-judicial authorities may not take a position contrary to the views mentioned herein.