Export and Import Prohibitions and restrictions in India 2023
The below information is about Import restrictions as per Indian Customs Law, Export restrictions under Customs Law of India, Export prohibitions as per Indian Customs Law and Import prohibitions under Indian Customs Law explained under Indian Customs Manual updated as on 31st December, 2022 and published in 2023 by Central Board of Indirect taxes and Customs, Government of India.
Import and Export Restrictions and Prohibitions in India, 2023 described under Customs Manual updated till 31.12.2023 includes the following:
Legal provisions governing restrictions and prohibitions
Prohibitions and restrictions under Foreign Trade Policy and other Allied Acts
Prevention of Food Adulteration Act, 1954 and Food Safety and Standards Authority Act, 2006
Labeling of the goods imported into India
The Livestock Importation Act, 1898
Destructive Insects & Pests Act, 1914, PFS Order, 1989 and Plant Quarantine (Regulation of Import into India) Order, 2003
Standards of Weights and Measures (Packaged Commodities) Rules, 1977
Drugs and Cosmetics Act, 1940 and Drugs and Cosmetics Rules, 1945
Import of hazardous substances
Clearance of imported metal scrap
International Standards for Phytosanitary Measures (ISPM-15)
Export of Leather
Compliance of mandatory Indian Quality Standards (IQS)
Compliance of provisions of the Steel and Steel Products (Quality Control) Order 2012
The extract of Customs Manual 2023 is given below:
Chapter 8: Import / Export Restrictions and Prohibitions
1. Introduction
1.1 Deliberate evasion of duty or violation of prohibition/restriction imposed upon import of export of
specified goods invites penal action under the Customs Act, 1962 or any of the allied legislations
that are enforced by the Customs in terms of the said Act. Thus, importers and exporters and other
connected with international trade require to be well conversant with the provisions of Customs
Act, 1962, the Foreign Trade Policy, as well as other relevant allied Acts and make sure that before
any imports are effected or export planned, they are aware of any prohibition/restrictions and
requirements subject to which alone goods can be imported/exported.
2. Legal provisions governing restrictions/prohibitions:
2.1 Some of the relevant legal provisions that come into play when there is violation of the Customs
Act, 1962 or any Allied Acts are as follows:
(a) “Prohibited Goods” are defined in Section 2(33) of the Customs Act, 1962 as meaning “any
goods the import or export of which is subject to any prohibition under the Customs Act or
any other law for the time being in force”. Thus, a prohibition under any other law can be
enforced under the Customs Act, 1962. For instance, under Sections 3 and 5 of the Foreign
Trade (Development and Regulation) Act, 1992, the Central Government can make
provisions for prohibiting, restricting or otherwise regulating the import of export of the
goods, which finds reflected in the Foreign Trade Policy, laid down by the DGFT,
Department of Commerce. Some of the goods are absolutely prohibited for import and
export whereas some goods can be imported or exported against a licence and/or subject
to certain restrictions. One example is provided by Notification No.44(RE-2000)19972002,
dated 24.11.2000 in terms of which all packaged products which are subject to provisions
of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977, when
produced/packed/sold in domestic market, shall be subject to compliance of all the
provisions of the said Rules, when imported into India. Thus, all such packaged commodities
imported into India shall carry the name and address of the importer, net quantity in terms
of standard unit of weights measures, month and year of packing and maximum retail sale
price including other taxes, local or otherwise. In case any of the conditions is not fulfilled,
the import of packaged products shall be held as prohibited, rendering such goods liable to
confiscation. Another example is that certain products are required to comply with the
mandatory Indian Quality Standards (IQS) and for this purpose exporters of these products
to India are required to register themselves with Bureau of Indian Standards (BIS). Nonfulfilment of the above requirement shall render such goods prohibited for import. Action on
such goods and persons involved can be taken under the Customs Act, 1962.
(b) Under Section 11 of the Customs Act, 1962 the Central Government has the power to issue
notification under which export or import of any goods can be declared as prohibited. The
prohibition can either be absolute or conditional. The specified purposes for which a
notification under Section 11 can be issued are maintenance of the security of India,
prevention and shortage of goods in the country, conservation of foreign exchange,
safeguarding balance of payments etc.
(c) Section 111(d) and Section 113(d) of the Customs Act, 1962 provide that any goods which
are imported or attempted to be imported and exported or attempted to be exported, contrary
to any prohibition imposed by or under the said Act or any other law for the time being in
force shall be liable to confiscation.
(d) Section 112 of the Customs Act, 1962 provides for penalty for improper importation and
Section 114 of the said Act provides for penalty for attempt to export goods improperly. In
respect of prohibited goods, the adjudicating Officer may impose penalty upto five times the
value of the goods. It is, therefore, absolutely necessary for the trade to know what the
prohibitions or restrictions in force are before they contemplate to import or export any
goods.
3. Prohibitions/restrictions under Foreign Trade Policy/ other Allied Acts:
3.1 Apart from collection of duty, Customs has also been entrusted with the responsibility to ensure
compliance with prohibitions or restrictions imposed on the import and export of goods under the
Foreign Trade Policy (FTP) and other Allied Acts. The Customs has a pivotal role to play because,
it is the agency stationed at the border to enforce the rules, regulations and orders issued by
various administrative Ministries. For instance, import and export of specified goods may be
restricted/prohibited under other laws such as Environment Protection Act, Wildlife Act, Arms Act,
etc. and these will apply to the penal provisions of the Customs Act, 1962 rendering such goods
liable to confiscation under Sections 111(d) - for import - and 113(d) - for export - of the said Act.
Thus, for the purpose of the penal provisions of the Customs Act, 1962 it is relevant to appreciate
the provisions of these allied legislations.
4. Prevention of Food Adulteration Act, 1954 and Food Safety and Standards Authority Act, 2006:
4.1 As per the Prevention of Food Adulteration Act, 1954 (PFA), any product not fulfilling the statutory
provisions is not allowed to be imported into the country. Likewise, there are several rules,
regulations, orders, notifications, etc. issued by the Government, laying down procedures as to
how the imports of above products are to be dealt with. Further, the Food Safety and Standards
Authority Act, 2006 (FSSA) seeks to replace many of the existing legislations including the PFA
Act relating to import of edible items. The FSSAI has been established to lay down standards and
regulate/monitor the manufacturing, import, processing, distribution and sale of food. The FSSAI
has taken over PHO functions at select ports with the stipulation that the existing rule and
procedures will continue to be followed without any change till FSSAI regulations are notified.
Thus, FSSAI has replaced PHO with its authorized officers at select ports in terms of Section 47
(5) of the FSSA Act, 2006.
4.2 Operationalisation of SWIFT
1. Board Circular Nos. 03/2016-Customs dated 03.02.2016 and 10/2016-Customs dated
15.03.2016 were issued for operationalization of the Interface for Facilitation of Trade
(SWIFT) from 01st April 2016 at all EDI locations throughout India.
2. Instruction No. 10/2018-Customs dated 29.05.2018was issued for clearance of food
consignments by Customs officers at locations where FSSAI has provided delegation.
3. In SWIFT, the system automatically refers food-related consignments to the Food Safety &
Standards Authority of India (FSSAI) through a message exchange system established
between ICEGATE and the Food Import Clearance System (FICS) operated by FSSAI. This
automatic reference of imported food consignments is done in locations where FSSAI has
its offices. For the remaining Customs EDI locations, the system generates instructions
directing that Customs ‘Authorized Officers’ may clear the consignment (wherever, such
‘Authorized Officer’ are present) and in other locations where ‘Authorized Officers’ are not
present, the consignments were to be referred to Port Health officer for an NOC.
4. As of now, FSSAI has offices in 6 cities covering 21 ICES locations. For Customs locations
where FSSAI does not have officers, FSSAI had issued order No. 1- 1371/FSSAI/
Imports/2015 dated 29th March 2016 delegating authority to Customs officers to perform
the functions of an ‘Authorized Officer’ under food safety laws. FSSAI has now issued order
No. 1-1371/FSSAI/Imports/2015 (Part-7) dated 2nd May 2018 notifying Customs officer as
‘Authorized officers’ under food safety laws. This order is in supersession of all previous
notifications/ orders with regard to authorizing Customs officials to handle food import
clearance. This order is also available at http://www.fssai.gov.in/home/imports/
orderguidelines.html.
5. In respect of the above notified locations, Commissioners of Customs are requested to
suitably guide the officers responsible for clearance of food consignments. There should not
be any Customs location which is not covered either by FSSAI officials or by the ‘Authorized
Officers’ of Customs. Therefore, Commissioners of Customs are also required to identify
Customs locations, in their jurisdiction which are not notified under the said order and bring
the same to the notice of the CBIC/ Single window.
6. FSSAI has also issued a list of accredited laboratories for the testing of all food-related
consignments vide order F. No. 12012/02/2017-QA dated 1st August, 2017. This list can be
accessed at http://www.fssai.gov.in/home/food-testing/Orders---Notice.html. Prior to
clearance, the Customs officers posted in the shed should record in the system the
acceptance or rejection of the consignments as part of the examination report as this would
help in carrying out risk analysis.
[Refer Circular Nos. 03/2016-customs dated 03.02.2016,No. 10/2016-customs dated
15.03.2016 and Instruction No.10/2018 dated 29.05.2018]
4.3 PFA/FSSA lay down detailed guidelines for examination and testing of food items prior to Customs
clearance. It is, thus, provided that the Customs shall undertake the following general checks and
if the product does not satisfy these requirements, clearance shall not be allowed:
(i) All consignments of high-risk food items, as listed in DGFT Policy Circular No. 37(RE2003)/2002-2007 dated 14.06.2004 (as may be modified from time to time), shall be referred
to Authorised Representative of FSSAI or PHOs, as the case may be, for testing and
clearance shall be allowed only after receipt of the test report as per the instructions
contained in the Customs Circular No. 58/ 2001-Cus., dated 25-10-2001.
(ii) All consignments of perishable items like fruits, vegetables, meat, fish, cheese, etc., will
continue to be handled in terms of the guidelines contained in Para 2.3 of the Board's
Circular No.58/2001-Customs dated 25-10-2001.
(iii) In respect of food items not covered under (a) and (b) above, the following procedure would
be adopted in addition to the general checks prescribed under Para 2.1 of the Circular No.
58/2001-Cus dated 25-10-2001 (amended by Circular No. 03/2011-Cus):
(a) Samples would be drawn from the first five consecutive consignments of each food
item, imported by a particular importer and referred to Authorised Representative of
FSSAI or PHOs, as the case may be, for testing to ascertain the quality and health
safety standards of the consignments.
(b) In the event of the samples conforming to the prescribed standards, the Customs would
switch to a system of checking 5% - 20% of the consignments of these food items on
a random basis, for checking conformity to the prescribed standards. The selection of
food items for random checking and testing would be done by the Customs taking into
consideration factors like the nature of the food products, its source of origin as well as
track record of the importers as well as information received from FSSAI from time to
time.
(c) In case, a sample drawn from a food item in a particular consignment fails to meet the
prescribed standards, the Customs would place the import of the said consignment on
alert, discontinue random checking for import of such food items and revert to the
procedure of compulsory checking. The system of random sampling for import of such
food items would be restored only if the test results of the samples drawn from the 5
consecutive consignments re-establish that the food items are in conformity with the
prescribed standards.
4.4 The ‘general checks’ include checking the condition of the hold in which the products were
transported to see whether they meet the requirements of storage, as per the nature of the product,
and does not in any way cause deterioration or contamination of the products. Also, physical/
visual appearance in terms of possible damage - whether it is swollen or bulged in appearance;
and also, for rodent/insect contamination or presence of filth, dirt etc. should be checked. Finally,
it should be checked that the product meets the labelling requirements under the Prevention of
Food Adulteration Rules and the Packaged Commodities Rules. This includes ensuring that the
label is written not only in any foreign language, but also in English. The details of ingredients in
descending order, date of manufacture, batch no., best before date etc. are mandatory
requirements. All products will also have to indicate details of best before on all food packages.
4.5 Authorised Officers of FSSAI will ascertain that for the imported pre-packaged good items, the
language and other major requirements of the label like mention of best before date, nutrition
information etc. should comply the labeling provisions under PFA Rules, failing which sample may
not be drawn from such consignment for testing.
4.6 Introduction of SWIFT has automatically integrated the RMS CCR instructions in the systems and
the system automatically refers food-related consignments to the Food Safety & Standards
Authority of India (FSSAI) through a message exchange system established between ICEGATE
and the Food Import Clearance System (FICS) operated by FSSAI.
[Refer Circular Nos. 03/2016-customs dated 03.02.2016, No. 10/2016-customs dated
15.03.2016 and Instruction No.10/2018 dated 29.05.2018]
4.7 As per Para 13 of Chapter IA (General Notes Regarding Import Policy) of the ITC (HS)
Classification of Export and Import items, import of all such edible/ food products, domestic sale
and manufacture which are governed by PFA Act, 1954 shall also be subject to the condition that
at the time of importation, the products are having a valid shelf life of not less than 60% of the
original shelf life. Shelf life of the product is to be calculated based on the declaration given on the
label of the product, regarding its date of manufacture and the due date for expiry. Therefore,
Customs shall ensure that this condition is complied with before allowing clearance of such
consignments.
4.8 At certain ports / airports / ICDs / CFSs where Port Health Officers (PHO) under PFA, 1954 or
Authorised officers under FSS Act, 2006 are not available, the samples will be drawn by Customs
and these may be got tested from the nearest Central Food Laboratory or a laboratory authorized
for such testing by DGHS or FSSAI. As a measure of trade facilitation, while the CRCL labs are
being upgraded, the Board identified laboratories where field formations may directly forward
samples of certain goods to outside laboratories. However, field formations shall first ensure with
their respective laboratories that the testing facilities for any particular items listed in the relevant
Circulars are not available with them before forwarding such samples to outside Laboratory(s).
[Refer Circulars No.58/2001-Cus., dated 25-10-2001, No.43/2005-Cus., dated 24-11-2005,
No.3/2011-Cus., dated 6-1-2011, Circular no. 43/2017- Customs dated 16.11.2017,
11/2018- Customs dated 17.05.2018 and No. 28/2018- Customs dated 30.08.2018.]
5. Labeling of the goods imported into India:
5.1 DGFT Notification No.44 (RE-2000)/1997-2002 dated 24-11-2000 provides for labeling of the
goods imported into India which are covered by the provisions of Standards of Weights &
Measures (Packaged Commodities) Rules, 1977. This Notification mandates that compliance of
labeling conditions have to be ensured before the import consignment of such commodities are
cleared by Customs for home consumption.
5.2 In order to redress the issue and to remove the difficulties faced by importers on account of space
constraints at CFSs/ Port / ICDs and the nature of goods, etc., the Board has allowed the labeling
on imported goods in Bonded warehouses subject to certain procedural conditions. It is clarified
that the importers should first ascertain that for such marking / labeling facility, space, is available
in warehouse prior to exercising this option. In such cases, importers may file Warehousing Bill of
Entry and the Assessing Group will give suitable directions to Dock staff to allow bonding of the
goods without labeling and with endorsement on the Warehousing Bill of Entry that verification of
compliance of DGFT Notification No.44 (RE-2000)/1997-2002 is to be done prior to de-bonding
by Bond Superintendent. The goods will then be labeled in the bonded premises and compliance
of said DGFT Notification will be ensured at the time of ex-bonding of the goods, by the Bond
Officer, by examining the goods again and endorsing the Examination Report on the Ex-bond Bill
of Entry. 100% examination at the time of Ex-bond clearance of goods should be done to ensure
compliance of the said DGFT Notification. The Examination Report can be endorsed on hard copy
of Ex-bond Bill of Entry where EDI facility is not extended, and on hard copy as well as EDI system
where EDI facility is extended to Bonded Warehouses. It is also clarified that this facility is
applicable only to goods that cannot be easily labeled in ports / CFS, having regard to their size
and other factors such as sensitivity to temperature and dust.
5.3 As the activity of labeling and re-labeling including declaration of Retail Sale Price (RSP) on goods
amounts to manufacture in terms of section 2(f) of the Central Excise Act, 1944, if the same is
carried out on goods warehoused, it would be considered as manufacturing operations having
been undertaken in bond/warehouse. Accordingly, the provisions of “Manufacture and Other
Operations in Warehouse Regulations, 1966? would apply on those goods. Importers can,
therefore, avail the facility of carrying out labeling in warehouse after following above procedure
and the provisions of „Manufacture and Other Operations in Warehouse Regulations, 1966?.
[Refer Circular No.19/2011-Cus, dated 15-4-2011]
6. The Livestock Importation Act, 1898:
6.1 The import of livestock and livestock products is regulated by the Livestock Importation Act, 1898.
The objective of this Act and the notifications/orders issued therein is to regulate the import of
livestock products in such a manner that these imports do not adversely affect the country's human
and animal health population.
6.2 The livestock products are allowed to be imported into India only through the sea ports or airports
located at Delhi, Mumbai, Kolkata and Chennai, where the Animal Quarantine and Certification
Services Stations are located. In addition, import of perishable fish items, exclusively meant for
human consumption but excluding seed material for breeding or rearing purposes, is allowed at
Petrapole, District North 24 Parganas, West Bengal, through land route. On arrival at the
port/seaport, the livestock product is required to be inspected by the officer in-charge of the Animal
Quarantine and Certification Services Station or any other veterinary officer duly authorized by the
Department of Animal Husbandry and Dairying. After inspection and testing, wherever required,
quarantine clearance is accorded by the concerned quarantine or veterinary authority for the entry
of the livestock product into India. If required in public interest, the quarantine or veterinary
authority may also order the destruction of the livestock product or its return to the country of
origin. The Customs will have to ensure that the livestock products are granted clearance for home
consumption only after necessary permission is granted by the quarantine or veterinary
authorities.
6.3 Wherever any disinfection or any other treatment is considered necessary in respect of any
livestock product, it is the importer who has to arrange the same at his cost under the supervision
of a duly authorized quarantine or veterinary officer.
[Refer Circulars No.43/2001-Cus, dated 6-8-2001, No.48/2005-Cus, dated 28-11-2005 and No.
13/2007-Cus, dated 2-3-2007 and Instructions F.No.450/132/2004-Cus.IV,dated
4-1-2005 and F.No.450/122/2005-Cus.IV, dated 13-10-2005]
7. Destructive Insects & Pests Act, 1914, PFS Order, 1989 and Plant Quarantine (Regulation of Import into India) Order, 2003:
7.1 Import of plants and plant materials into the country is regulated under the Destructive Insects &
Pests (DIP) Act, 1914 and PFS Order, 1989 and Plant Quarantine (Regulation of Import into India)
Order, 2003. As per the requirements of these enactments, subject to exemptions, as may be
applicable, no consignment shall be imported even for consumption unless it is accompanied by
an Import Permit and an Official Phytosanitary Certificate. However, cut flowers, garlands,
bouquets, fruits and vegetables weighing less than 2 kgs. that are imported for personal
consumption is allowed without a Phytosanitary Certificate or an Import Permit. Likewise, the
requirement of Import Permit is relaxed for import of (a) mushroom spawn culture by EOUs and
(b) tissue culture materials of any plant origin and flower seeds.
7.2 The Department of Agriculture and Co-operation has issued detailed guidelines for inspection and
clearance of plant/plant materials, the basic features of which are as follows:
(i) Registration of application: The importer or his authorized representative is required to file
an application at the Plant Quarantine Station in respect of each consignment immediately
upon arrival at the port. In case of perishable consignments, such application can be filed in
advance to enable the Plant Quarantine authorities to organize inspection/testing on priority.
Along with application for registration, copies of documents namely, import permit, Phytosanitary certificate issued at the country of origin, copy of bill of entry, invoice, packing list
and fumigation certificate, etc. are required to be submitted. The Plant Quarantine Officer
shall register the application and the assessed inspection fee is required to be paid by the
importer or his agent. No such application is required to be filed in the case of import of plant
and plant materials through passenger baggage and post parcels.
(ii) Sampling/inspection/fumigation of consignments: The importer or his agent is required to
arrange for inspection/sampling of the consignment. In the event of live insect infestation
having been noticed, the importer or his agent shall arrange for fumigation of consignment
by an approved pest control operator at his own cost under the supervision of the Plant
Quarantine officer.
(iii) Release/detention of consignments: A release order is issued to Customs if a consignment
on inspection is found to be free from pests. However, in case it is found infested with live
pests, the same is permitted clearance only after fumigation and reinspection. The detention
order is issued, if the consignment is imported in contravention of the PQ Regulations, for
arranging deportation failing which the same shall be destroyed at the cost of importer under
the supervision of the Plant Quarantine Officer, in presence of Customs Officers after giving
due notice in advance i.e. for perishable plant material 24-48 hours and 7 days for other
plant material. The Customs will ensure that plant/plant material (primary agricultural
products) are granted clearance for home consumption only after necessary permission is
granted by the concerned Plant and Quarantine Officer.
7.3 In terms of Plant Quarantine (Regulation of Import into India) Order, 2003, no article, packed with
raw or solid wood packaging material shall be released by the Customs unless the wood
packaging material has been appropriately treated and marked as per International Standards for
Phytosanitary Measures (ISPM) No. 15 or accompanied by a phytosanitary certificate with the
treatment endorsed. The proper officer of Customs shall grant release of such articles packed with
untreated wood packaging material only after ensuring that the wood packaging material has been
appropriately treated at the point of entry under the supervision of Plant Quarantine Officer. The
Customs Officers are required to report the non-compliant cases to the concerned Plant
Quarantine Station / authorities for necessary action.
8. Standards of Weights and Measures (Packaged Commodities) Rules, 1977:
8.1 As per Chapter 1A of General Notes regarding Import Policy (ITC (HS) Classification of Export
and Import Items, Schedule I, all such packaged products, which are subject to provisions of the
Standards of Weights and Measures (Packaged Commodities) Rules, 1977 when produced/
packed/ sold in domestic market, shall be subject to compliance of all the provisions of the said
rules, when imported into India. The compliance shall be ensured before the import consignment
of such commodities is cleared by Customs for home consumption. All pre-packaged commodities,
imported into India, shall in particular carry the following declarations:
(a) Name and address of the importer;
(b) Generic or common name of the commodity packed;
(c) Net quantity in terms of standard unit of weights and measures. If the net quantity in the
imported package is given in any other unit, its equivalent in terms of standard units shall
be declared by the importer;
(d) Month and year of packing in which the commodity is manufactured or packed or imported;
and
(e) Maximum retail sale price at which the commodity in packaged form may be sold to the
ultimate consumer. This price shall include all taxes local or otherwise, freight, transport
charges, commission payable to dealers, and all charges towards advertising, delivery,
packing, forwarding and the like, as the case may be.
9. Drugs and Cosmetics Act, 1940 and Drugs and Cosmetics Rules, 1945:
9.1 In terms of Rule 133 of the Drugs and Cosmetics Rules, 1945, no cosmetics shall be imported into
India except through the points of entry specified in Rule 43A of the said Rules. Further, under
Schedule "D" to the said Rules read with Rule 43, an exemption is provided to certain categories
of substances from the restrictions under Chapter III of the Drugs and Cosmetics Act, 1940 relating
to import of drugs and cosmetics. Further, the Drugs Controller General of India (DCGI) has
clarified that under Schedule "D" to the said Rules, an exemption has been provided for
substances not intended for medical use from the provisions of Chapter III of the Drugs and
Cosmetics Act and Rules made thereunder. The Act provides for separate definition for ‘cosmetic’
and „drug? under Sub-Section 3(aaa) and 3(b), respectively. Hence, the phrase „substances not
intended for medical use? would only relate to substances which would otherwise fall under the
definition of the term „drug? under Section 3(b) of the Act, but are being imported not for medicinal
use or for some other purposes or are of commercial quality and are being labeled indicating that
they are not for the- medicinal use or for some other purposes or are of commercial quality and
are being labeled indicating that they are not for medicinal use. Accordingly, DCGI had clarified
that this exemption does not extend to other categories of products defined under the Act including
cosmetics. For the purpose of import of cosmetics, provision of Rule 133 therefore remains
applicable.
9.2 The points of entry specifically mentioned in Rule 43A are Chennai, Kolkata, Mumbai, Nhava
Sheva, Cochin, Kandla, Delhi, Ahmedabad, Hyderabad and Ferozepur Cantonment, Amritsar,
Ranaghat, Bongaon and Mohiassan Railways Stations.
9.3 As per rule 43A of the Drugs and Cosmetics Rules, 1945, drugs can be only imported into India
through specified places. Accordingly, import of drugs at any other place may not be permitted.
Further, whenever in doubt, field formations may seek necessary clarification about the generic
name versus chemical name of medicines before clearance. The specified places are:
(i) Ferozepore Cantonment and Amritsar Railway Stations (for drugs imported by rail across
the frontier with Pakistan)
(ii) Bongaon, Mohiassan and Ranaghat Railways Stations (for drugs imported by rail across the
frontier with Bangladesh)
(iii) Raxaul (for drugs imported by road and railway lines connecting Raxaul in India and Birganj
in Nepal)
(iv) Chennai, Cochin, Kandla, Kolkata, Mumbai and Nhava Sheva (for drugs imported by sea)
(v) Ahmedabad, Chennai, Delhi, Hyderabad, Kolkata and Mumbai (for drugs imported by
airports)
9.4 Import consignments of Electronic Nicotine Delivery Systems (ENDS) including eCigarettes, HeatNot- Burn devices, Vape, e-Sheesha, e- Nicotine Flavoured Hookah, and the like devices/
products may be referred to Assistant/ Deputy Drugs Controller for checking compliance.
[Refer Circular No. 46/ 2018- Customs dated 27.11.2018]
9.5 The MoH&FW vide Cigarettes and other Tobacco Products (Packaging and Labelling) Second
Amendment Rules, 2018 notified by G.S.R. 331 (E) dated 03.04.2018 has specified a new set of
health warnings w.e.f.01.09.2018. In addition to the existing statutory requirements, compliance
of the amendments in health warning specifications prescribed by the COTP Amendment Rules,
2018 are to be ensured before clearance of import consignments or disposal of seized/confiscated
tobacco products, including Cigarettes.
[Refer Circular 20/2018-Customs dated 20.06.2018, Circular No. 09/2017-Customs dated
29.03.2017, Circular No. 27/2017-Customs dated 05.07.2017 Instructions vide F. No.
450/160/2009-Cus.IV dated 29.12.2009]
9.6 Single Window Project - Simplification of procedure in SWIFT for clearance of consignments
related to drugs & cosmetics: Several items falling under different Customs Tariff Heads which
have been mapped are chemicals and not drugs. These are being routed for ADC's clearance by
virtue of the Customs Tariff Heads under which they are declared, and the ADC's office routinely
declares them as "out of scope". In this regard, a list of such items has been prepared and
published on the ICEGATE website as part of PGA Exemption Category (PEC).Importers of such
goods should identify their items on this PEC list and include them as part of the Integrated
Declaration in order to avoid unnecessary references to the ADC. The PEC will be duly updated
after holding consultations in the Working Group and with the approval of the concerned PGAs
(DCGI - in case of drugs and cosmetics items).
[Refer circular 28/2016 dated 14.06.2016]
10. Import of hazardous substances:
10.1 As per Chapter 1A of General Notes regarding Import Policy (ITC (HS) Classification of Export
and Import Items, Schedule I, imports of Hazardous Waste into India shall be subject to the
provisions of Hazardous and Other Wastes (Management and Transboundary Movement) Rules,
2016. Further, notwithstanding anything contained in ITC (HS) Classifications of Export and Import
Items, import of hazardous waste or substances containing or contaminated with such hazardous
wastes as specified in Schedule 8 of Hazardous and Other Wastes (Management and
Transboundary Movement) Rules, 2016 shall be prohibited.
10.2 Wastes arising out of the operation from ships beyond five kilometres of the relevant baseline as
covered under the provisions of the Merchant Shipping Act, 1958 (44 of 1958) and the rules made
thereunder and as amended from time to time; The utilisation of waste oil/sludge derived from the
normal course of a ship's operation as a resource or after pre-processing either for co-processing
or for any other use, including within the premises of the generator (if it is not part of process),
shall be carried out only after obtaining authorisation from the State Pollution Control Board in
respect of waste on the basis of standard operating procedures or guidelines provided by the
Central Pollution Control. Such waste oil/sludge will conform to the definition in Schedule IV of the
Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016
10.3 Import of Hazardous Chemicals permitted is permitted in accordance with the provisions of the
Manufacture, Storage and Import of Hazardous Chemicals Rules 1989 (as amended) made under
the Environment (Protection) Act, 1986). Besides other conditions mentioned in the Rules, the
importer shall, before 30 days but not later than the date of import, furnish the details specified in
Rule 18 to the Authority specified in Schedule 5 of the said Rules.
10.4 Import of products, equipment containing Ozone Depleting Substances (ODS) will be subject to
Rule 10 of the Ozone Depleting Substances Rules, 2000. In terms of these Rules no person shall
import or cause to import any product specified in column (2) of Schedule VII, which was made
with or contains Ozone Depleting Substances specified in column (3), unless a license is obtained
from the Directorate General of Foreign Trade.
10.5 Import of Genetically Modified Food, Feed, Genetically Modified Organism (GMOs) and Living
Modified Organisms (LMOs) will be subject to the following conditions :
i. The import of GMOs / LMOs for the purpose of (i) R & D; (ii) food; (iii) feed; (iv) processing
in bulk; and (v) for environment release will be governed by the provisions of the
Environment Protection Act, 1986 and Rules 1989.
ii. The import of any food, feed, raw or processed or any ingredient of food, food additives or
any food product that contains GM material and is being used either for industrial production,
environmental release, or field application will be allowed only with the approval of the
Genetic Engineering Approval Committee (GEAC).
iii. Institutes / Companies who wish to import Genetically Modified material for R&D purposes
will submit their proposal to the Review Committee for Genetic Modification (RCGM) under
the Department of Bio-Technology. In case the Companies / Institutes use this Genetically
Modified material for commercial purposes approval of GEAC is also required.
iv. At the time of import all consignments containing products which have been subjected to
Genetic Modification will carry a declaration stating that the product is Genetically Modified.
In case a consignment does not carry such a declaration and is later found to contain
Genetically Modified material, the importer is liable to penal action under the Foreign Trade
(Development and Regulation) Act, 1992.
10.6 As per Chapter 1A of General Notes regarding Import Policy (ITC (HS) Classification of Export
and Import Items, Schedule I, import of textile and textile articles is permitted subject to the
condition that they shall not contain any of the hazardous dyes whose handling, production,
carriage or use is prohibited by the Government of India under the provisions of Section 6(d)(2) of
the Environment (Protection) Act, 1986 read with the relevant rule(s) framed thereunder. For this
purpose, the import consignments shall be accompanied by a pre-shipment certificate from a
textile testing laboratory accredited to the National Accreditation Agency of the Country of Origin.
In cases where such certificates are not available, the consignment will be cleared after getting a
sample of the imported consignment tested and certified from any of the agencies indicated in
Public Notice No. 12 (RE-2001)/1997-2002, dated 3-5-2001. The sampling will be based on the
following parameters:
(i) At least 25% of samples are drawn for testing.
(ii) While drawing the samples, Customs will ensure that majority samples are drawn from
consignments originating from countries where there is no legal prohibition on the use of
harmful hazardous dyes.
(iii) The test report will be valid for a period of 6 months in cases where the textile/ textile articles
of the same specification/quality are imported and the importer, supplier and the country of
origin are the same.
11. Clearance of imported metal scrap:
11.1 In terms of the relevant provisions of the Foreign Trade Policy, the following procedure is
prescribed for clearance of imported metal scrap.
(i) Import of any form of metallic waste, scrap will be subject to the condition that it will not
contain hazardous, toxic waste, radioactive contaminated waste / scrap containing
radioactive material, any type of arms, ammunition, mines, shells, live or used cartridge or
any other explosive material in any form either used or otherwise.
(ii) In view of Circular No. 48/2016-CustomsImport of metallic waste and scrap (both ferrous
and non-ferrous) of certain categories, listed in Para 2.54 of Handbook of Procedures
(2015-2020)in shredded form shall be permitted through all ports of India without any preshipment certificate as per the existing practice.
[Refer Circular No.48/2016 dated 26.10.2016 and Circular No.53/2016-Customs
dated 18.11.2016]
(iii) Import of metallic waste, scrap(both ferrous and non-ferrous), Para 2.54 of Handbook of
Procedures (2015-2020)., in unshredded compressed and loose form shall be subject to the
guidelines issued the Director General of Foreign Trade, Ministry of Commerce and
Industry, Government of India under Public Notice No. 38/2015-2020 dated 06.10.2016
(followed by a Corrigendum by way of a Public Notice No. 40/2015- 2020 dated 25.10.2016)
and as per the following procedure:
(a) The consignments of un-shredded, compressed or loose scrap shall be cleared only
through those EDI ports where Risk Management Module is operational. These
consignments will be subjected to documentary or physical check on the basis of
selection done by Risk Management System.
(b) All the designated seaports as specified in the DGFT Public Notice No. 38/2015-2020
dated 06.10.2016 are expected to install and operationalize Radiation Portal Monitors
and Container Scanners by 31.03.2017 and till such time, the consignments of unshredded, compressed or loose scrap shall be subjected to scanning based on risk
assessment at those ports where such facilities for scanning are currently existing.
(c) Depending upon the congestion at the Port/ICD, the availability of manpower and the
antecedents of the importer, the concerned Principal Commissioner/Commissioner of
Customs or Principal Commissioner/Commissioner of Central Excise, as the case
may be, may permit the importer to remove the sealed container at his own risk and
cost to his factory premises under re-warehousing procedure. This would be subject
to conditions specified in (a) & (b). The importer shall furnish the following documents
to the Customs at the time of clearance of goods:
(a) Pre-shipment inspection certificate as per the format in Annexure-I to the said
Appendix 5 from any Inspection & Certification agencies given in the said
Appendix 5 to the effect that:
(i) The consignment does not contain any type of arms, ammunition, mines,
shells, cartridges, radioactive contaminated or any other explosive material
in any form either used or otherwise.
(ii) The imported item(s) is actually a metallic waste/ scrap/ seconds/ defective
as per the internationally accepted parameters for such a classification.
(b) Copy of the contract between the importer and the exporter stipulating that the
consignment does not contain any type of arms, ammunition, mines, shells,
cartridges, radioactive contaminated, or any other explosive material in any
form either used or otherwise.
(c) Import of scrap would take place only through following designated ports and
no exception is allowed even in case of EOUs and SEZs listed below in table
7.1.
Table 8.1: List of designated ports and ICDs for Import of scrap
S.No. Ports S.No. Port/ICDs
1. Chennai 16. Kattupalli
2. Cochin 17. Hazira
3. Ennore 18. Kamarajar
4. JNPT 15. Ahmedabad ICD
5. Kandla 16. Dadri (Greater
Noida) ICD
6. Kolkata 17. Jaipur ICD
7. Mormogua 18. Jodhpur ICD
S.No. Ports S.No. Port/ICDs
8. New Mangalore 19. Kanpur ICD
9. Mumbai 20. Loni. Ghaziabad
10. Mundra 21. Ludhiana ICD
11. Paradip 22. Malanpur ICD
12. Pipava 23. Mulund ICD
13. Tuticoron 24. Nagpur ICD
14. Vishakaptnam 25. Pitampur ICD
15. Krishnapatnam 26. Udaipur ICD
[Refer DGFT Public Notice 15/2015-2020 dated 20.07.2021]
(iv) Import of other kinds of metallic waste and scrap will be allowed in terms of conditions of
ITC (HS). Further, import from Hodaideh, Yemen and Bandar Abbas, Iran will be in shredded
form only.
(v) In respect of metal scrap in unshredded, compressed or loose form accompanied by a preshipment inspection certificate, examination will be 25% of the containers in respect of
manufacturer-importers and 50% in respect of traders, for each import consignment, subject
to examination of a minimum of one container. The container selected will be examined
100%. Where EDI with Risk Management Module (RMM) is operational, the percentage of
examination will be determined by the RMM.
(vi) Imported metal scrap in unshredded, compressed or loose form not accompanied by the
prescribed pre-shipment inspection certificate will be subject to 100% examination apart
from stringent penal action for violation of provisions of the FTP. The examination may be
done in the presence of police authorities, if considered necessary by the Commissioner, at
the risk and cost of the importer.
(vii) For scrap imported in shredded form examination may be limited to 10% of the consignment
subject to examination of minimum one container. The identified container should be
examined 100%.
(viii) In respect of metal scrap consignments meant for EOUs and SEZ units the existing
procedure is relevant subject to 100% examination at the premises of the EOU or the SEZ
unit, in the presence of police authorities, if considered necessary by the proper officer.
(ix) It will be the responsibility of the shipping line to ensure that every consignment of metal
scrap in unshredded, compressed or loose form is accompanied by such a preshipment
inspection certificate before it is loaded on the ship. Failure to observe this precaution would
invite penal action for abetment regarding irregular import of metal scrap.
[Refer Circulars No. 43/2001-Cus., dated 6-8-2001, No.58/2001-Cus., dated 25-10-2001, No.21/2003-
Cus., dated 28-3- 2003, No.23/2004-Cus., 5-3-2004,No.39/2004-Cus., dated 3-6-2004, No.60/2004-Cus.,
dated 26-10-2004, No.40/2005-Cus. dated 3-10-2005, No.48/2005-Cus., dated 28-11-2005, No.28/2006-
Cus., dated 6-11-2006, No.13/2007Cus., dated 2-3-2007, No.2/2010-Cus., dated 9-2-2010, and
No.8/2010-Cus., dated 26-32010, No.48/2016 dated 26.10.2016 and Instructions F.No.450/80/2000-
Cus.IV, dated 247-2000, F.No.450/132/2004-Cus.IV, dated 4-1-2005, F.No.450/122/2005-Cus-IV, dated
13-10-2005, F.No.450/08/2007-Cus.IV, dated 22-1-2007, and F.No.450/19/2005-Cus.IV, dated 2-4-2009]
12. International Standards for Phytosanitary Measures (ISPM-15):
12.1 International Standards for Phytosanitary Measures (ISPM) are prescribed as per IPPC
convention of FAO to reduce the risk of introduction / or spread of quarantine pest associated with
wood packaging material (including dunnage) made of coniferous and non-coniferous raw wood,
in use in international trade.
12.2 DGFT, vide Notification No 54/2009-2014 dated 3-8-2010 has made it mandatory that export of
goods including plant and plant products using wood packaging materials such as pallet, dunnage,
crating, packing blocks, drums, cases load boards, pellet collars shall be allowed subject to
compliance of ISPM-15.
12.3 On export side, a large number of consignments are intercepted abroad for non- compliance of
ISPM-15 Standards relating to wood packaging materials used for export of materials, as informed
by Department of Agriculture and Cooperation. Thus, the Board has decided that export / imported
consignment with wood packaging material is to be inspected by Customs and if any export /
imported consignment is found without ISPM15 mark or with doubtful marking, it should be
reported to Plant Quarantine Officer / authorities for taking necessary action. It is also clarified that
exporters should specifically indicate in the Shipping Bill, the description of packaging material so
as to ensure whether any consignment with wooden packaging material warrants mandatory
compliance with ISPM-15 standards or not.
12.4 Department of Agriculture and Cooperation has informed that all the agencies authorized to
provide ISPM Certification on wood packaging material have been duly accredited by Directorate
of Plant Protection, Quarantine & Storage. These agencies issue ISPM-15 certification after
providing treatment with Methyl Bromide or Forced Hot Air as per prescribed norms. The list of
these accredited agencies is available at www.plantquarantineindia.org.
[Refer Circular No.13/2011-Cus., dated 28-2-2011]
12.5 Cases of non-adherence/infringement of prescribed phytosanitary standards have been reported
by other Customs administrations especially EU. Ministry of Agriculture has repeatedly expressed
concerns over increasing number of such cases and desired remedial action be taken to check
export of consignments not meeting required phytosanitary specifications i.e. ISPM 15. Board has
reiterated that no export consignments packed with raw or solid wood packaging material that is
found deficient in meeting phytosanitary requirements ISPM 15 shall be allowed clearance.
[Refer Instruction F.No.450/19/2005-CusIV., dated 16-9-2013]
13. Export of Leather:
13.1 In order to put in place a robust system of inspection with presence of officials from CLRI at
identified Customs stations to check the unauthorised export of semi-finished leather in the guise
of finished leather (with intent to evade applicable export duty), Board in consultation with CLE
(Council for Leather Exports) has prescribed the following arrangement w.e.f. 15-4-2013:
(a) Officials of CLRI shall be deployed at Chennai, Mumbai and Kolkata ports and Kanpur and
Tughlakabad ICDs and the cost thereof shall be borne by CLE.
(b) The officials of CLRI shall assist Customs officers in examination of export consignments of
leather. Where required, samples shall be drawn by Customs in presence of officials of
CLRI. Samples so drawn by Customs shall be sent to CLRI or approved labs for testing.
[Refer Instruction F.No.450/39/2012-Cus IV., dated 16-42013]
14. Compliance of mandatory Indian Quality Standards (IQS):
14.1 Under Notification no. 44 (RE-2000)/1997-2002 issued by the Ministry of Commerce, the import
of certain products require to comply with the mandatory Indian Quality Standards (IQS). Exporters
of these products to India are required to register themselves with Bureau of Indian Standards
(BIS). Non-fulfillment of the above requirement shall render such goods prohibited for import.
15. Compliance of provisions of the Steel and Steel Products (Quality Control) Order 2012
15.1 Import of Steel and Steel Products in contravention of the Steel and Steel Products (Quality
Control) Order, 2012 and Steel and Steel Products (Quality Control) Second Order, 2012 as
amended shall not be allowed. Field formations should ensure that the provisions are strictly
complied with and import of substandard and steel products in contravention of aforementioned
Orders are not permitted.
[Refer Circular No. 08/2015- Customs dated 24.03.2015]
15.2 The DGFT Notification No.17/2015-2020 dated 05.09.2019 amends the import policy for certain
goods falling under Chapter 72, 73 and 86 of ITC (HS), 2017 as annexed to the said notification
from ‘free’ to ‘free subject to compulsory registration under Steel Import Monitoring System
( I )’. The Steel Import Monitoring System (SIMS) shall require importers to submit an
advance information on an online system for import of items in the Annex and obtain an advance
automatic registration number by paying the prescribed registration fee. 3.The necessary changes
related to SIMS have been operationalized in ICES. Bills of Entry for import of goods falling under
the abovesaid notification of DGFT shall mandatorily be filed in accordance with ICES Advisory
25/2019 issued by Directorate of Systems from 21.11.19. The above changes have been
separately communicated to the various Customs Brokers Associations and RES software
providers by Directorate of Systems.
Points to be noted:
(a) SIMS registration will not be applicable on air-freighted goods as this mode is used
for emergency/small volume-high value goods required at short notice.
(b) Once SIMS registration has been obtained, any number of consignments can be imported
by a single SIMS registration within the validity of the registration.
(c) SIMS is applicable to imports through Advance Authorisation, DFIA and imports to SEZs.
(d) SIMS shall not be app