Amendment in Para 2.31 of the Foreign Trade Policy, 2023
Amendment in Para 2.31 of the Foreign Trade Policy, 2023 and ITC HS 2022 Schedule 1 Import Policy – reg.
S.O. (E): In exercise of powers conferred by Section 3 and Section 5 of Foreign Trade (Development &ReguIation) Act, 1992, read with paragraph 1.02 and 2.01 of the Foreign Trade Policy (FTP), 2023, as amended from time to time, the Central Government hereby notifies following amendments in FTP, Z023 and in Schedule-I of ITC (HS), 2022 as under with immediate effect: Para 2.31(I (b) of the Foreign Trade Policy, 2023 is amended to read as follows:
| S. No. | Categories of Second-Hand Goods | Import Policy | Conditions, if any |
| 1(b) | All electronics and IT Goods notified under the Electronics and IT Goods (Requirements of Compulsory Registration) Order 2021 as amended from time to time. | Restricted | lmportable against a restricted import authorization, subject to conditions laid down under Electronics and IT Goods (Requirements of Compulsory Registration) Order, 2021 (as amended from time to time). Para 2 (C) of the General Notes Regarding Import Policy of ITC (HS), 2022 Schedule-I Import Policy is amended to read as follows: (C) Import policy for electronics and IT Goods: “The import of Goods (new as well as second hand, whether or not refurbished, repaired or reconditioned) notified under the “Electronics and Information Technology Goods (Requirement of Compulsory Registration) Order, 2021, as amended from time to time, is prohibited unless they are registered with the Bureau of Indian Standards (BIS) and comply to the ‘Labelling Requirements’ published by BIS, as amended from time to time’, or on specific exemption letter from Ministry of Electronics and Information Technology (MeitY) for a particular consignment, as per provisions of Gazette Notification SO No. 1929 dated 26.04.2023. The importer shall re- export such prohibited Goods reaching Customs Ports else the Customs Authorities shall deform the goods beyond use and dispose of the goods as scrap under intimation to Ministry of Electronics and Information Technology (MeitY).”Import of unregistered/non-compliant notified products as in Electronics and IT Goods (Requirements of Compulsory Registration) Order 2021 (as amended from time to time) is “Prohibited” |
(2) Para 2 (C) of the General Notes Regarding Import Policy of ITC (HS), 2022 Schedule-I Import Policy is amended to read as follows:
(C) Import policy for electronics and IT Goods: “The import of Goods (new as well as second hand, whether or not refurbished, repaired or reconditioned) notified under the “Electronics and Information Technology Goods (Requirement of Compulsory Registration) Order, 2021, as amended from time to time, is prohibited unless they are registered with the Bureau of Indian Standards (BIS) and comply to the ‘Labelling Requirements’ published by BIS, as amended from time to time’, or on specific exemption letter from Ministry of Electronics and Information Technology (MeitY) for a particular consignment, as per provisions of Gazette Notification SO No. 1929 dated 26.04.2023. The importer shall re- export such prohibited Goods reaching Customs Ports else the Customs Authorities shall deform the goods beyond use and dispose of the goods as scrap under intimation to Ministry of Electronics and Information Technology (MeitY).”
(3) Policy condition no. 2 of chapter 84, Policy condition no. 5 of chapter 85 of Import Folicy (schedule 1) ITC HS 2022 is amended to read as follows:
“Import policy for electronics and IT Goods: The import of Goods (new as well as second hand, whether or not refurbished, repaired or reconditioned) notified under the Electronics and Information Technology Goods (Requirement‘ of Compulsory Registration) Order, 2021, as amended from time to time, is prohibited unless they are registered with the Bureau of Indian Standards (BIS) and comply to the Labelling Requirements published by BIS, as amended from time to time, or on specific exemption letter from Ministry of Electronics and Information Technology (MeitY) for a particular consignment, as per provisions of Gazette Notification SO No. 1929 dated 26.04.2023. The importer shall re- export such prohibited Goods reaching Customs Ports else the Customs Authorities shall deform the goods beyond use and dispose of the goods as scrap under intimation to Ministry of Electronics and Information Technology (MeitY).
(4) Policy condition no. 7 of Chapter 85 and Policy Condition no. 1 of chapter 94 of Import Policy (schedule 1) ITC HS 2022 is amended to read as follows:
“For the LED products and DC or AC supplied control gears for LED modules as notified under the “Electronics and Information Technology goods (Requirement of Compulsory Registration) Order, 2021″, sample(s) will be picked up on random basis from the randomly selected consignments and will be sent to BIS recognized Labs for testing of limited defined non-destructive safety parameters from the IS standard applicable on the product, as identified by Ministry of Electronics and Information Technology (MeitY) from time to time. Further, fqr such consignments, clearance would be given by Customs to only those consignments where the randomly selected sample has complied with the requirements of standard for the defined parameters. However, if the sample drawn fails to meet the requirements of standard, such consignment will be sent back or will be destroyed at the cost of importer.”
Effect of the Notification: Para 2.31(I (b)) of the Foreign Trade Policy, 2023, Para 2 (C) of the General Notes regarding Import Policy and Policy conditions 2 of chapter 84, Policy Condition no. 5 & 7 of chapter 85 and Policy Condition no. 1 of chapter 94 of Import Policy (schedule 1) ITC HS 2022 have been amended in light of re-notification of “Electronics and Information Technology Goods (Requirement of Compulsory Registration) Order, 2012 as Electronics and Information Technology goods (Requirement of Compulsory Registration) Order, 2021 under BIS Act 2016. This is issued with the approval of Minister of Commerce & Industry.
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