Alerts & Updates 28th Sep 2023

BIS Update: Notification of draft QCOs at WTO and new QCOs in India

Authors

Sanjay Notani Partner | Mumbai
Naghm Ghei Principal Associate | Delhi NCR
Mitul Kaushal Consultant | Delhi NCR

Latest Thought Leadership

Alerts & Updates 17th Jun 2024

Trade Update – June 17, 2024

Read More
Alerts & Updates 17th Jun 2024

GAAR v. SAAR on bonus stripping of shares

Read More
News & Media 17th Jun 2024

Centre makes fresh bid to push labour codes

Read More
News & Media 14th Jun 2024

GST Council to face the challenge of reducing the GST rate slabs

Read More

  • Dear Reader,

    We are writing to you with an important update regarding mandatory registration requirements applicable to imports of various mandatory products into India.

    Background The Government of India has on  September 27, 2023, notified –

    • Two draft Quality Control Orders (“QCOs”) for Furniture and V-Belt products at the WTO.
    • Four new QCOs for Drinking water cooler,  Precision Roller and Bush Chains,  Miscellaneous Steel Products and Medical Textiles at the gazette
    • Three extensions of QCOs for Maleic Anhydride,  Ethylene Vinyl Acetate Copolymers, and Polyethylene at the gazette.

    Producers of these products will likely have to obtain BIS certification in the future once these orders are notified in the Indian gazette.

    Products concerned The following QCOs have been notified at the WTO:

    QCOs Link to draft QCO
    Furniture (Quality Control) Order, 2023 Link
    V-Belt (Quality Control) Order, 2023 Link

    The last date to provide comments for all product categories is November 26, 2023.

    The following new QCOs have been notified at the gazette:

    QCO – Products Link to QCO Enforcement Date
    Self- Contained Drinking Water Cooler Quality Control) Order, 2023 –

    1475 (Part 1): 2001

    Link  

     

     

    Micro Enterprises – Sept 26, 2024.

    Small Enterprises – June 26, 2024.

    For all others – March 26, 2024.

    Precision Roller and Bush Chains, attachments and associated chain sprockets (Quality Control) Order, 2023 – IS 2403: 2014 or ISO 606: 2004 Link
    Miscellaneous Steel Products (Quality Control) Order, 2023 – Link
    15155:2020 – Bar or wire Wrapped Steel Cylinder Pipes with Mortar Lining and Coating Including Specials specifications
    16651:2017 – High-strength deformed stainless steel bars and wires for concrete reinforcement
    6392: 2020 – Steel Pipe Flanges
    6913:1973 – Stainless steel tubes for the food and beverage industry
    Medical Textiles (Quality Control) Order, 2023 Link  

     For Small & Micro Enterprises

    (SME) – October 1, 2024

    For Others –  April 1, 2024

    IS 5405:2019 – Sanitary napkins – Specification
    IS 17509:2021 – Disposable baby diaper – Specification
    IS 17514:2021 – Reusable sanitary pad/ sanitary napkin/ period panties-specification
    IS 17349:2020 Medical textiles – Shoe covers – Specification For all – April 1, 2024
    IS 17354:2020 Medical textiles – Dental Bib or Napkins – Specification
    IS 17630:2021 Medical Textiles – Bed sheet and pillow cover -Specification

     The following QCOs have been extended by the Ministry:

    Product Link to QCO Enforcement Date
    Ethylene Vinyl Acetate Copolymers Link April 3, 2024
    Maleic Anhydride April 24, 2024
    Polyethylene Material for Moulding and Extrusion January 5, 2024

    For an updated list of all products under mandatory BIS certification, please click here.

    Next Steps For Draft QCOs – WTO Members are invited to make comments, if any, within 60 days of issuance of the notification. Concerned manufacturers of the aforementioned products may, therefore, raise their concerns at the WTO level through their respective governments or with the abovementioned authorities within the designated time frame. Please note that the provision for making comments applies only to those Orders that are at the stage of proposal at the WTO and not for Orders that are already notified in the Gazette.

    For New and extended QCOs – 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 a 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 products 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 any queries or comments on this update, please feel free to contact us at insights@elp-in.com.

Disclaimer: The information contained in this document is intended for informational purposes only and does not constitute legal opinion or advice. This document is not intended to address the circumstances of any individual or corporate body. Readers should not act on the information provided herein without appropriate professional advice after a thorough examination of the facts and circumstances of a situation. There can be no assurance that the judicial/quasi-judicial authorities may not take a position contrary to the views mentioned herein.