Summary: The Directorate General of Foreign Trade (DGFT), Ministry of Commerce and Industry, has issued Notification No. 49/2026-27 dated 10 November 2026, amending the export policy of waste and scrap of primary cells, primary batteries and electric accumulators, including lithium-ion battery black mass, falling under ITC (HS) Code 85491400. The export classification has been changed from ‘Free’ to ‘Prohibited’ with immediate effect and will remain prohibited until further orders. The amendment covers unsorted waste and scrap of primary cells, primary batteries and electric accumulators, including spent cells, batteries and accumulators, which do not contain lead, cadmium or mercury. The notification has been issued under Sections 3 and 5 of the Foreign Trade (Development and Regulation) Act, 1992, read with Paragraphs 1.02 and 2.01 of the Foreign Trade Policy, 2023. Importantly, the Government has expressly made Paragraph 1.05 of FTP 2023 relating to transitional arrangements applicable. Accordingly, exporters with existing commitments must examine the prescribed safeguards, including the provisions concerning exports already made and qualifying irrevocable commercial letters of credit, rather than assuming that all earlier contracts automatically remain eligible. The prohibition affects exporters, battery-waste processors, recycling businesses and other entities dealing in lithium-ion battery black mass. Exporters must verify the applicable ITC (HS) classification and comply with the revised export policy before undertaking shipments. The measure also supports domestic availability of recoverable battery materials for recycling and critical-mineral processing. The notification takes effect from 10 November 2026, without prescribing a fixed expiry date.
Government of India
Ministry of Commerce & Industry
Department of Commerce
(Directorate General of Foreign Trade)
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Notification No. 49/2026-27-DGFT | Dated: 10th November, 2026
Subject: Amendment in Export Policy of Waste and Scrap of Primary Cells, Primary Batteries and Electric Accumulators (Lithium-Ion Battery Black Mass) under ITC (HS) 85491400 – regarding.
S.O. (E): The Central Government, in exercise of powers conferred by Section 3 read with Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 (No. 22 of 1992), as amended, read with Para 1.02 and 2.01 of the Foreign Trade Policy, 2023, hereby amends the export policy of the item under Chapter 85 of ITC (HS), Schedule — II of Export Policy as under:
| ITC (HS) Code | Description | Existing Policy | Revised Policy |
|---|---|---|---|
| 8549 1400 | Waste and scrap of primary cells, primary batteries and electric accumulators; spent primary cells, spent primary batteries and spent electric accumulators: – Unsorted and not containing lead, cadmium or mercury | Free | Prohibited |
2. This Notification shall come into effect immediately. The provisions of Para 1.05 of the Foreign Trade Policy, 2023 regarding transitional arrangement shall be applicable under this Notification.
Effect of this notification: The export policy of Waste and scrap of primary cells, primary batteries and electric accumulators; spent primary cells, spent primary batteries and spent electric accumulators — Unsorted and not containing lead, cadmium or mercury (Lithium-Ion Battery Black Mass) under ITC (HS) Code 85491400 is amended from ‘Free’ to ‘Prohibited’ with immediate effect, until further orders.
(Lav Agarwal)
Director General of Foreign Trade &
Ex-Officio Additional Secretary to the Govt of India
E-mail: [email protected]
(Issued from File No. 01/91/180/026/AM22/EC)
