. /.   WORLD TRADE  
ORGANIZATION  G/LIC/Q/IND/11 
24 July 2008 
 (08-3586) 
Committee on Import Licensing Original:   English 
  
 
 
IMPORT LICENSING SYSTEM OF INDIA 
 
Questions to INDIA from the UNITED STATES
 
 
 
 The following communication, 21 July 2008, is being circulated at the request of the delegation of the United States.  
_______________ 
 
  The United States thanks India for its Ar ticle 7.3 Replies to the Import Licensing 
Questionnaire dated 3 September 2007 a nd circulated in document G/LIC/N/3/IND/9.  We continue to 
review the responses and have additional follow-up questions.   Questions for India on the Import Licensing Questionnaire
 
 
1. While we appreciate that India has included an indicative list of products subject to import 
licences in paragraph 2 of its Questionnaire respon se, we note that the complete list of products 
requiring import licenses is established in the book entitled ITC (HS) Classification of Export and 
Import Items 2004-2009, a 2006 version of which the GOI has provided to the Secretariat.   
2. Is the 2006 version provided to the Secretaria t still current?  If not, we would greatly 
appreciate if India could provide the Secretariat with copy of the current version.  
3. Also, we note that at the April 2008 meeting of the Import Licensing Committee, India 
indicated that the ITC (HS) Classification of Export and Import Items is now available on the Directorate General of Foreign Trade website.  However, while there is an indication on the 
homepage ( http://dgft.delhi.nic.in/
) that the ITC (HS) is available at the “Downloads” link, we 
continue to be unable to access the list. The speci fic link to the entire ITC (HS) Classification on 
DGFT’s website has not been operational for more th an a year.  When do you expect that the ITC 
(HS) Classification document on the download’s sec tion of DGFT’s website will become available 
again?  Alternatively, if the entire ITC (HS) is  located elsewhere on the DGFT’s website, we would 
appreciate guidance on where exactly we can locate the document.  
4. We reiterate our request that India update its questionnaire submission to provide product-
specific replies to the questionnaire.  This could help to clarify many of our existing questions.  
5. In particular, we would appreciate it if India would clarify whether import licences are 
automatic or non-automatic.  Section 6.VIII of G/LI C/N/3/IND/9 only indicates that "applications will 
be examined as soon as they are received".   
 G/LIC/Q/IND/11 
Page 2  
 
  6. For instance, in the case of non-automatic licence s, could India estimate the expected duration 
of obtaining the import license for each product?  If this cannot be estimated, could India provide a 
reason why this information cannot be provided? 
7. Furthermore, we would appreciate a clarification of how fees are charged on import licences.  
According to the answer to question 12 in G/LI C/N/3/IND/9, “Fees are charged on applications for 
licenses according to the value of imports to be made .”  How does this fee determination relate to 
GATT Article VIII, which requires that such fees be  limited to the "approximate cost of services 
rendered"? 
Boric Acid Import Requirements
 
 
8. The United States notes that India maintains import licensing requirements for boric acid.  
However, G/LIC/N/3/IND/9 makes no mention of bor ic acid, or for that matter, chemicals or 
pesticides, as being subject to licenses.  Furthe rmore, the United States is also unaware of a 
notification to the Import Licensing Committee of th is licensing requirement.  Does India intend to 
make a notification to the Committee regardi ng the requirements for importing boric acid? 
Non-insecticidal Boric Acid  
 9. The United States would also appreciate further clarification as to India’s import permit 
requirements for non-insecticidal boric acid.  Please explain the process by which the necessary 
import licenses or permits can be obtained for non-insecticidal boric acid, as well as any necessary no-objection certificates. 
10. Are end-use certificates or import permits required for the importation of any chemicals 
(other than boric acid) that might be covered by  the Insecticides Act and for which there also are non-
insecticidal uses? 
11. Are there any permit requirements for non-insecticidal boric acid that is manufactured 
locally? 
12. We would also appreciate additional informati on on who is required to submit the application 
for the import permit.  Is the permit system applicable to traders, end users, or both?  More specifically, what is the process by which traders (w ho are not necessarily the end users) can apply for 
an import permit for non-insecticidal boric acid?   
13. We understand that India Customs has restored  the classification of non-insecticidal boric 
acid to chapter 28, along with other inorganic chem icals.  That is, it is no longer classified as an 
insecticide.  We are pleased that India has begun taking steps to recognize that non-insecticidal boric 
acid should be treated differently than bor ic acid that is used as an insecticide. 
14. However, it is our understanding that the Minist ry of Agriculture still requires import permits 
and no-objection certificates for non-insecticidal bor ic acid.  Please confirm if this is true.  
 At this time, the United States requests the in formation identified above and looks forward to 
receiving India’s responses.   
 
__________