Compliance
India’s import and export system is governed by the Foreign Trade (Development & Regulation) Act 1992 and India’s Export-Import (EXIM) Policy.
COMPLIANCE
India’s import and export system is governed by the Foreign Trade (Development & Regulation) Act 1992 and India’s Export Import (EXIM) Policy.
Three main aspects of import compliance are :
(1) Identifying and classifying the goods being imported,
(2) Calculating tariffs and duties, and
(3) Applying for licenses, if necessary.
Following registration/certifications are required under different laws:
A. Bureau of Indian Standards (BIS)
Bureau of Indian Standards (BIS), the National Standards Body of India is engaged in the activities of Standardization, Conformity Assessment and Quality Assurance of goods, articles, processes, systems and services. The Indian Standards established by BIS forms the basis for the Product Certification Schemes, which provides Third Party Assurance of Quality, Safety and Reliability of products to consumers.
BIS certification scheme is basically voluntary in nature. However, for a number of products compliance to Indian Standards is made COMPULSORY by the Central Government under various considerations viz. public interest, protection of human, animal or plant health, safety of environment, prevention of unfair trade practices and national security. For such products, the Central Government directs mandatory use of Standard Mark under a Licence or Certificate of Conformity (CoC) from BIS through issuance of QUALITY CONTROL ORDERS (QCOs).
- CLICK HERE FOR Guidance Document on Quality Control Orders (QCOs)
- Below is list of products under compulsory certification/registration:
(The ISI mark is by far the most recognized certification mark in the Indian subcontinent. The ISI is an initialism of the Indian Standards Institution, the name of the national standards body until 1 January 1987, when it was renamed to the Bureau of Indian Standards. The ISI mark is mandatory for certain products to be sold in India, such as many of the electrical appliances like switches, electric motors, wiring cables, heaters, kitchen appliances, etc., and other products like Portland cement, LPG valves, LPG cylinders, automotive tyres, etc.)
2. Scheme – II (Registration Scheme)
3. Scheme – IV ( Grant Of Certificate Of Conformity )
B. WIRELESS PLANNING & COORDINATION (WPC)
WPC is the Wing of the Ministry of Communications, created in 1952. It is responsible for Frequency Spectrum Management, including licensing and caters for the needs of all wireless users (Government and Private) in the country. WPC issues WPC (ETA) Equipment Type Approval License for IT and Electronic products while fulfilling the needs of wireless technology consumers. The Wireless and Bluetooth IT and Electronic products that operate on unlicensed frequency bands and meet human safety requirements can only be sold in the Indian market with WPC approval.
WPC issues different types of Licenses:
- Equipment Type Approval
- Type Approval
- Experimental Approval
- Dealer Possession License(DPL)
- Non-Dealer Possession License(NDCL)
- Import License as per the requirement for operating radio products
To know more please visit – https://dot.gov.in/spectrum-management/2457
C. Telecommunication Engineering Centre (TEC)
Telecommunication Engineering Centre (TEC) is the certification body empowered to certify telecom products and services that wish to operate in India. TEC was established in the year 1991 by Department of Telecommunications, Ministry of Communications, Government of India.
TEC provides the testing and certification for communication networks and transmission equipment used in these networks before it is allowed to be imported into the country and sold. All original equipment manufacturers, importers and network service providers need to obtain a TEC certificate before they can offer their product or service on the market in India.
Below are the 2 types of Certification Schemes for notified Telecom Equipment:
- General Certification Scheme (GCS)
Under this scheme, the applicant has to submit test wise compliance along with test reports, in respect of parameters included in Essential Requirements (ERs), from any designated Conformance Assessment Body (CAB).
- Simplified Certification Scheme (SCS)
Under this scheme, the applicant has to submit a test wise compliance sheet, along with a Self-Declaration of Conformity (SDoC), in respect of parameters included in ERs. Test reports from CAB are not required to be submitted by the applicant or evaluated by TEC.
To Know more please visit – https://www.tec.gov.in/
D. The Central Drug Standard Control Organisation (CDSCO)
The Central Drug Standard Control Organisation (CDSCO) is responsible for the registration, clearance and approval of drugs in India. All cosmetic products that are imported for sale in India need to be registered with the licensing authority under Rule 21 of Drugs & Cosmetic Rules, 1945. Under this rule, it is mandatory for all drug importers to register their name, address, country and goods imported with CDSCO within 30 days after import of the goods. Failure to comply will result in punitive action by CDSCO up to even cancellation of your licence under Section 19 (1)(c) or cancellation of your Import License by DGFT.
In India, it is required that foreign manufacturers have an Authorised Representative in India who will act on their behalf as the point of contact for inspection authorities, assist in device approvals and registration process and vigilance/adverse event.
To Know more please visit – https://cdscoonline.gov.in
E. The Legal Metrology (For Packaged Commodities)
According to the notification of The Legal Metrology (Packaged Commodity) Rules, 2011; “Every individual, firm, Hindu undivided family, society, company or corporation who or which pre-packs or imports any commodity for sale, distribution or delivery shall make an application, to the Director or the Controller for the registration of his or its name and complete address”. The Act requires the importer/manufacturer of such pre-packaged products to file an application within 90 days of commencement of the packaging procedure.
Hence, if you are a sole proprietorship firm, or a company looking to import pre-packaged products in the market, you must obtain a proper registration document from the Legal Metrology Department of the Ministry of Consumer Affairs
The term “package” is defined as a container, wrapper, wrapper of any other article or device used to contain a product, e.g. rice packaging material, bottles(plastic pouches), cans and cartons. These are non-returnable meaning not intended for re-sale after purchase by the customer for personal consumption, direct use or consumption by some other person (like a family member). In addition to that, it means that the quantity contained in such packaging has been determined prior to sale with or without the presence of consumers and are meant only for retail sale in India.
To Know more please visit – https://lm.doca.gov.in/#
F. Anti-Dumping Duty
The purpose of anti-dumping duties, in general, is to eliminate dumping which is causing injury to the domestic industry and to re-establish a situation of open and fair competition in the Indian market, which is essential for leading a healthy economy. The imposition of anti-dumping measures would not restrict imports from the subject country in any way and therefore, would not hinder the consumers’ access to the imported goods.
To see list of goods with Anti-dumping duty, please visit – https://www.cbic.gov.in/htdocs-cbec/customs/cst1819-010219/add-chwise-idx0102
G. Extended Producers Responsibility (EPR)
Extended producer responsibility (EPR) is an exercise and a policy method in which producers take accountability for the organization of the disposal of products they create. Extended producer responsibility (EPR) practices comprise a combination of environmental, economic, and social factors. By recovering products, EPR saves policy systems money and reduces pressures on landfills.
E-Waste Management license or Extended Producer Responsibility Authorisation certificate is a mandatory authorization for producers and importers from electronic sectors.
To Know more please visit – https://cpcb.nic.in/epr-authorization/ , https://cpcb.nic.in/e-waste/