Often, importers face the issue of the shipments getting stuck at custom ports and consequent delay and demurrage. One of the reasons can be lack of clarity whether BIS (Bureau of Indian Standards) standards are applicable or not. In case, the BIS is applicable, then the importer will comply as he must have obtained the certificate of BIS. However, in case, BIS is not applicable, then there is a lack of clarity. The Customs insist on having NOC (No Objection Certificate) from relevant Ministry or DPIIT (Department for Promotion of Industry and Internal Trade, Ministry of Commerce) for customs clearance. The requirement causes delay in the whole process of import. In this article, let us explore the procedure, documents, timelines etc of NOC from DPIIT/concerned Ministry.
1. First check the products through HSN Code whether falling under the BIS or not. In case the answer is affirmative, then the importer must obtain the certificate from BIS. This is time consuming and must be planned in advance.
2. In case non-BIS products, please check the website of relevant Ministry and fulfil the requirements. For example, Steel Ministry has dedicated links for checking the applicability of quality control orders through TC-QCO portal, where the relevant documents are uploaded. Technical Committee of the Ministry which meet fortnightly will give decisions on applicability. But in case the quality control order is not applicable, the Technical Committee will only state that it is beyond their domain and one may approach to DPIIT.
3. Simultaneously, one can approach the Import Monitoring Cell of DPIIT in case of the products are coming under their specific ministry links given thereat.
4. Otherwise also, one can approach DPIIT for NOC along with the relevant documents like Invoice, Bill of Lading, Packing List, End use details, Technical Specifications, Manufacturing Process, Mill Test Certificate with Heat Number, International standards, Product Photo, Reply of TC-QCO or of other relevant ministry etc.
5. Request and documents for NOC will depend on the status of the movement of products as below:
| Sr. No | Item | In Advance | In Transit | At Port of Destination |
| a. | Covering letter | Yes | Yes | Yes |
| b. | Information as per format issued by MOS | Yes | Yes | Yes |
| c. | Mill Test Certificate with Heat no/certificate no | Yes | Yes | Yes |
| d. | Specification Copy of International Standards & Company Specifications | Yes | Yes | Yes |
| e. | Invoice | No | Yes | Yes |
| f. | Bill of Lading | No | Yes | Yes |
| g. | Actual Mill Test Certificates | No | Yes | Yes |
| h. | Insurance Copy | No | Yes | Yes |
| i. | Bill of Entry | No | No | Yes |
| j. | Consignment-wise Information | No | Yes | Yes |
An importer must plan the arrival of shipments considering the time for obtaining NOC from DPIIT. It takes approximate 20 to 30 days for getting an NOC and the period cannot be shortened in any way. Also, please take note that the NOC is granted for all the shipments contained in a single application and there is time requirement as mentioned on the NOC and the importer has to import within that timeline only. It would have been desirable that there were dedicated portal for processing all requests for imports from all ministries and departments.
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In case you are an importer and are planning for import of Non-BIS products into India and need any support or have any query, you may like to connect with us.
Abhinarayan Mishra FCA, FCS, LL.B, IP, RV,SA; Partner, KPAM & Associates, Chartered Accountants, New Delhi ; +91 9910744992; [email protected]
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