G/TBT/W/778  
 
14 November 2023  
(23-7655) Page: 1/3 
Committee on Technical Barriers to Trade  Original: English  
 
INDIA'S RESPONSE TO DOCUMENT G/TBT/W/774  
The following communication, dated 10 November 2023, is being circulated at the request of the 
delegation of India. 
 
_______________  
 
 
India takes good note of the concerns raised by Canada, the Separate Customs Territory of Taiwan, 
Penghu, Kinmen and Mats u, and the United States in WTO document G/TBT/W/774  dated 
11 November  2022. India has positively engaged both at bilateral and multilateral level on all the 
Specific Trade Concerns (STCs) raised, including those mentioned in the Technical Statement 
(STC ID 224, 630, 632, 646). We intend to continue this engagement in the WTO Committee on 
Technical Barriers to Trade as well as bilaterally.  
In accordance with the Technical Barriers to Trade (TBT) Agreement, India is committed to 
facilitating international tr ade while taking steps to ensure the quality of products, protection of 
human, animal, and plant health and life, protection of the environment, protection of the consumers 
and prevention of deceptive practices, among other objectives specific to the produ cts. The Quality 
Control Orders (QCOs) issued by India are a step in this direction.  
Each of the specific issues raised in the document G/TBT/W/774  is addressed below.  
1  RECOGNITION OF THE INTERNATIONAL ACCREDITED LABS (ILAC)  
1.1.  As a member of the International  Laboratory Accreditation Cooperation (ILAC), India 
acknowledges the substantial benefits associated with ILAC membership and places significant 
emphasis on accreditation as a means of recognizing Conformity Assessment Bodies (CABs). It is 
recognized that other or additional methods may be used to access the technical competence of a 
CAB and its eligibility for a particular QCO.  
1.2.  Where appropriate, India has used accreditation by ILAC as a conformity assessment procedure 
such as under the Mandatory Testing and Certification of Telecommunications Equipment (MTCTE) 
Scheme. Under MTCTE scheme, for certain criteria, certification is granted on the basis of certificates 
of ILAC accredited labs.  
1.3.  Additionally, under the Laboratory Recognition Scheme, 20201 (LRS) operated by the BIS, one 
of the criteria for recognition of a laboratory is that the accreditation body, through which the 
laboratory is accredited, shall be a full member of ILAC and/or Asia Pacific Accreditation Cooperation 
(APAC) or any other reg ional accreditation cooperation body. For foreign laboratories seeking 
recognition, one of the requirements for recognition is that the test certificate issued by the 
laboratory shall have reference to its ILAC/APAC membership. In this background, it would  be useful 
to understand the following:  
i. What is the mechanism to accept the ILAC accredited foreign labs in the United States, 
Canada, and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu, 
respectively?  
 
1 https://www.bis.gov.in/wp -content/uploads/2020/06/LRS_23062020.pdf .  G/TBT/W/778  
 
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  ii. Are all ILAC accredited foreign la bs automatically recognized?  
iii. Is the recognition of ILAC accredited foreign labs limited to certain sectors or products?  
2  DIFFICULTIES WITH FOREIGN INSPECTIONS  
2.1.  India acknowledges that while certain jurisdictions allow virtual audit for management systems, 
widespread adoption of virtual audits for product assessment remains limited.  Virtual audits for 
management systems is also practiced by India, demonstrating its commitment to efficient 
evaluation methodologies.  
2.2.  Furthermore, India actively processes all the  applications for licenses or inspections by foreign 
manufacturers.  
2.3.  Importantly, it may be noted that no application has been received from Canada, the Separate 
Customs Territory of Taiwan, Penghu, Kinmen and Matsu, and the United States under Toys (Quali ty 
Control) Order, 2020.  
2.4.  Applications have been received from Canada, the Separate Customs Territory of Taiwan, 
Penghu, Kinmen and Matsu, and the United States for Chemicals and Automobile Parts wherein 
licenses have been granted in some cases.  
2.5.  In cases where the process has not been completed it is due to various reasons, such as, 
non-payment of fee, no application for inspection or no visa approval from the country where 
manufacturer is located.  
2.6.  Further, it is pertinent to note that 27 inspections have been conducted in the Separate 
Customs Territory of Taiwan, 17 inspections have been conducted in USA.  
3  INTERNATIONAL STANDARDS  
3.1.  India notes that most of the standards formulated by the Bureau of Indian Standards (BIS), 
which is the body responsible for the formulation of standards in India, are based on international 
standards and the minor variations which might exist, are due to the specific climatic or 
environmental conditions and technological development in the country. Moreover, a total 
of 6608 Indian Standards have so far been harmonized with International Standards.  
3.2.  BIS also undertakes regular review of the standards to ensure that the standards are not 
rendered redundant.  
3.3.  The TBT Agreement recognizes the right of a Party to adopt international standa rds as per the 
appropriateness or effectiveness for the Party.  
4  E-LABELLING  
4.1.  India is continuously working towards facilitating trade and safeguarding consumer interests. 
In pursuit of these goals, measures have been instituted to provide alternatives to tra ditional 
physical labelling.  
4.2.  For example, in the case of electronic devices, any device with an integrated display screen 
may present the required labelling information, including BIS "Standard Mark " electronically instead 
of the product 's physical label or nameplate. It applies to all devices with an integral 
(non-removable) display screen, and e -labelling of products shall not be mandatory. The Registered 
User shall have the option of using physical labels, e -labels, or both.2 
 
2 https://www.bis.gov.in/wp -content/uploads/2020/06/LRS_23062020.pdf . G/TBT/W/778  
 
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  4.3.  As another example, active pharmaceutical ingredients (bulk drugs) manufactured or imported 
in India shall bear the Quick Response code on their label at each level of packaging that stores data 
or information readable with a software application to facilitate tracki ng and tracing.3 
4.4.  The labelling requirements are as per the applicable standards referred to in the Quality Control 
Orders. To enable compliance, the enforcement of the Quality Control Order (Polyethylene Material 
for Moulding and Extrusion) 2021 has been deferred and shall come into effect from 03.10.2023.  
5  ADEQUATE TRANSITION TIME  
5.1.  India notes the importance of adequate transition time for the industry members. India is 
responsive to the concerns of the industry and its consumers. Wherever appropriate, Indi a has also 
extended dates for implementation of certain QCOs.  
5.2.  Certain examples exemplifying this practice have been shared below:  
i. Extension of the applicability of Air Conditioner and its related Parts, Hermetic 
Compressor and Temperature Sensing Controls (Quality Control) Order, 2019: 
Initially, the QCO was to come into force from 01.06.2020, but the deadline was 
extended to 01.10.2 023.4 
ii. Extension in the applicability of QCO Order for Chemicals [Ethylene Vinyl Acetate 
Copolymers, Polyethylene Material for Moulding and Extrusion, Polyester Continuous 
Filament Fully Drawn Yarn, Polyester Partially Oriented Yarn, Polyester Industrial Y arn, 
100 Percent Polyester Spun Grey and White Yarn (PSY)]. The QCOs were first notified 
in April 2021 and have been extended several times, with now coming into force in 
October 20235; and  
iii. Extension of the applicability of Methanol (Quality Control) Orde r, 2019: it had to come 
into force on 05.02.2020, however extended several times to come into force on 
01.02.2024.6 
 
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3 https://www.meity.gov.in/writereaddata/files/E%20LABELLING%20_GUIDELINES.pdf . 
4 https://cdsco.gov.in/opencms/opencms/system/modules/CDSCO.WEB/elements/download_file_divisio
n.jsp?num_id=ODEyMg== . 
5 Air Conditioner and its rel ated Parts, Hermetic Compressor and Temperature Sensing Controls (Quality 
Control) Order, 2019 S.O. 4354(E) dated 05 December 2019, https://www.bis.gov.in/wp -
content/up loads/2019/12/Air -Conditioner -QCO.pdf , Air Conditioner and its related Parts, Hermetic 
Compressors and Temperature Sensing Controls (Quality Control) Amendment Order, 2022 (S.O. 5972(E), 
dated 21/12/2022), https://www.bis.gov.in/wp -content/uploads/2022/12/Extension -of-Date-of-
implementation -of-AC-QCOpdf -1.pdf. 
6 https://www.bis.gov.in/product -certification/products -under -compulsory -certification/scheme -i-mark-
scheme .