. /.   WORLD TRADE  
ORGANIZATION  G/LIC/Q/IND/11/Add.1 
27 October 2008 
 (08-5188) 
Committee on Import Licensing Original:   English 
  
IMPORT LICENSING SYSTEM OF INDIA 
 
Questions to INDIA from the UNITED STATES
 
 
Addendum  
 
 
 The following communication, dated 22 October 2008, is being circulated at the request of the delegation of the United States. 
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The United States thanks India for its replies, circulated in document G/LIC/Q/IND/12.  We 
have reviewed its responses and have additional comments and follow up-questions.   
 
We are pleased to see that the ITC (HS) Classification of Export and Import Items is available 
online, as indicated by India.   
 
 India has also indicated that the ITC (HS) provides product specific import restrictions.  While we have been able to de termine which products require import licenses based on 
this document, it does not appear to provide all of the information required by the WTO Agreement 
on Import Licensing Procedures.  As a result, the Unite d States is concerned that India may not have 
fully notified the entire scope of its import licensing procedures.   
  For example, in looking up the import requirements for non-insecticidal boric acid, the document merely states, “Import of Boric Acid for non-insecticidal purposes will be subject to an 
import permit issued by the Central Insecticide Board & Registration Committee under the Ministry 
of Agriculture.”  Aside from this one statement,  we have not been able to find any additional 
information about this procedure.   
  Article 5.2 of the WTO Agreement requires Memb ers to include specific information in their 
notifications.  We would therefore appreciate if India could provide us the following specific information on the import licensing procedures for non-insecticidal boric acid (HS code 2810), as 
required by the Agreement: 
 
• Is the import license for non-insecticidal boric acid automatic or non-automatic, according to 
the definitions contained in Articles 2 and 3 of the WTO Agreement on Import Licensing Procedures?   
• If the import license is automatic, wh at is its administrative purpose? 
• If the import license is non-automatic, what is  the measure being implemented through the 
licensing procedure?  
 
 When asked whether domestic producers of non- insecticidal boric acid are subject to any 
similar requirements, India stated that they are subject to the “rigorous requirement of obtaining registration before the CIB&RC.”  Why are the pro cedures so different for importers?  Do domestic 
producers have to declare the specific end-use and qu antity of each sale, as is required of importers in 
order to obtain an import license for non-insecticidal boric acid? G/LIC/Q/IND/11/Add.1 
Page 2  
 
   What criteria does each ministry apply in determining whether to grant a no-objection 
certificate?  What criteria does the CIB&RC then use to determine whether to grant an import 
license?     Could India please provide additional info rmation regarding what information the 
"application proforma" requires for an impor t license for non-insecticidal boric acid? 
  Can India provide a copy of the Department of Agriculture's exhaustive list of government agencies that can issu e end-use certificates, or indicat e for us where to locate this 
exhaustive list of agencies?  In addition, what criteria does the GOI apply in determining which 
agency should issue the end-use certificate for a particular end- use?  Can multiple agencies be 
responsible for issuing certificates for the same end-use?  May an end user request an end-use 
certificate from any one of these agencies?  
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