Alerts & Updates 7th Apr 2023

BIS Update: Notification of various QCOs at the WTO by India

Authors

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

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  • Dear Reader,

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

    Background The Government of India has on April 6, 2023, notified revised Quality Control Orders for various industrial goods at the WTO. 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 date of entry into force of the existing Quality Control Order for the following chemicals has been extended:

    Product Categories Link to the QCO
    Welding Rods and Electrodes Link
    Bolts, Nuts and Fasteners Link
    Flame-Producing Lighters Link
    Smart Meters Link
    Electric Ceiling Type Fans Link
    Insulated Flasks, Bottles and Containers for Domestic Use Link
    Potable water bottles Link

    The last date to provide comments for all product categories is June 5, 2023.

    Most of these QCOs have special provisions for MSMEs:

    • For Micro, Small and Medium Enterprises as defined under the Micro, Small, and Medium Enterprises Development Act, 2006 (27 of 2006), the orders shall come into force with effect from 12 months from the date of publication in the gazette of India, as compared to 6 months for everyone else.
    • Nothing in the order(s) shall apply to goods or articles manufactured domestically by an enterprise, registered under “Udyam Portal” of the Ministry of Micro, Small and Medium Enterprises, Government of India wherein the investment in plant and machinery or equipment at original cost does not exceed twenty-five lakh rupees and the turnover does not exceed two crore rupees for the previous financial year as certified by a Chartered Accountant. MSMEs fulfilling these criteria shall be exempted from the implementation of this order.

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

    For an updated list of steel & iron products under mandatory BIS certification, please click here

    Next Steps 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 such 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 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.