Introduction: Customs Instruction No.28/2023-Customs, issued by the Government of India, brings crucial updates regarding the BIS registration requirements for import goods, specifically those notified under the “Electronic and Information Technology Goods (Requirement of Compulsory Registration) Order, 2012.” Additionally, the instruction outlines the mandatory random sampling of LED products and control gear for LEDs.
Detailed Analysis:
1. Background and Regulatory Framework: The directive refers to DGFT Notification No. 50/2015-2020 and No. 32/2015-2020, emphasizing the need for BIS registration and random sampling for specific categories of goods. MeitY’s OM No. 37(4)/2018-IPHW authorizes Customs Authorities for handling non-compliant goods.
2. Streamlining the Process: To ensure uniform implementation, the Customs Board instructs officers to check for BIS registration systematically. The Risk Management System is employed for random consignment selection. The drawn samples undergo testing at BIS-recognized labs for non-destructive safety parameters.
3. Testing Parameters and Compliance: The Customs Officer grants an Out of Charge (OOC) only if the sample complies with defined safety parameters, as per the BIS-recognized lab’s test report. Non-compliant goods may face return or destruction, with the importer bearing the associated costs.
Conclusion: Customs Instruction No.28/2023-Customs streamlines the process of BIS registration and random sampling, ensuring compliance with safety standards for imported goods. Importers must be vigilant about meeting these requirements to avoid complications and potential costs associated with non-compliance. For any challenges in implementing these instructions, importers are encouraged to communicate with the Customs Board for resolution.
Instruction No.28/2023-Customs
F. No. 401/67/2023-Cus-III
Government of India
Ministry of Finance, Department of Revenue
(Central Board of Indirect Taxes & Customs)
Room No 229-A, North Block, New
Delhi Dated, 12th December, 2023
To
All Principal Chief Commissioners/ Chief Commissioners (Customs/Customs (Preventive) / Customs & Central Tax)
All Principal Commissioners / Commissioners (Customs / Customs (Preventive)
All Pr. Director Generals /Director Generals under CBIC
Madam/Sir,
Subject: Requirement BIS registration for import goods notified under the “Electronic and information Technology Goods (Requirement of Compulsory Registration) Order, 2012 and random sampling of LED products and control Gear for LED.- reg.
Reference is invited to the DGFT Notification No. 50/2015-2020 dated 08.01.2019, mandating requirement of registration with the BIS or specific exemption letter from MeitY for import of Notified goods under the “Electronics and information technology Goods ( Requirement of Compulsory Registration) Order, 2012.
1.2 Further, DGFT Notification No. 32/2015-2020 dated 17.09.2020 inter-alia mandates for random sampling of LED products and control Gear for LED products notified under the “Electronics and information technology Goods (Requirement of Compulsory Registration) Order, 2012.
1.3 Further, MeitY OM No. 37(4)/2018-IPHW dated 11.12.2018 authorises the Customs Authority/officers at all ports/ICDs for deforming the non-compliant/unregistered goods notified under the “Electronics and information technology Goods (Requirement of Compulsory Registration) Order, 2012.
2. Board, on review of the above different practice in the implementation and to streamline the process including on sampling, directs as follows:
(a) Customs Officer shall check for BIS registration in the system in all cases.
(b) The Risk Management System shall randomly select the consignments for sampling and intimate the Customs Officer through Examination Instruction.
(c) The sample drawn shall be sent to BIS-recognized labs for testing of limited defined non-destructive safety parameters from the IS standard applicable to the product, as identified by MeitY from time to time. The updated data for IS wise list of recognized laboratories along with their complete address can be accessed by putting in the relevant Indian Standard number in the search by IS link on the website: www.lims.bis.gov.in.
(d) In case of goods selected for sampling, Out of Charge (00C) shall be given only if the sample has complied with the requirements of the standard for the defined parameters as per the test report given by the BIS-recognized Labs. If the sample drawn fails to meet the requirements of Standard, such consignments may be sent back or be destroyed at the cost of the importer as per extant rules/procedures
3. The difficulties, if any, in the implementation of this Instruction may be brought to the notice of the Board.
4. Hindi version follows.
Encls: as above.
Yours faithfully,
(Radhe Krishna)
Under Secretary to the Government of India
Emai: uscus.3-dor@gov.in
Tele: 011 23094012
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