. /.  WORLD TRADE  
ORGANIZATION   
G/LIC/Q/IND/19 
16 April 2012  
 
(12-1956) 
Committee on Import Licensing Original:   English 
  
 
IMPORT LICENSING SYSTEM OF INDIA 
 
Questions to INDIA from the UNITED STATES 
 
 
1. In one of its responses to a previous U.S. ques tion regarding the ability of traders to apply for 
an import permit for boric acid (G/LIC/Q/IND/12), India stated, "Any person who can furnish the complete information as required in the application pro forma can apply for a grant of import permit."  
 In response to subsequent questions (G/LIC/Q/IND/16 ), India states, "Any person, firm or institution 
can apply for import permit only if such person/entity is the end user " and "import permit is issued 
only to an actual end user."  Please explain the cu rrent requirements as to who may be permitted to 
apply for an import license and provide where such requirements are set out in Indian law or regulation.  Please also provide the Indian law or regulation that sets out the most up-to-date 
procedures required for importation of boric acid, in cluding, if possible, an Internet address where 
such law or regulation may be located. 
2. The United States has previously requested an exhaustive list of Government of India 
agencies that can issue end-use cer tificates, but India’s response referred only to an illustrative list 
(G/LIC/Q/IN/14).  Could India please provide an ex haustive list and explain how an importer or end-
user would know precisely from which  entity it should seek an end-u se certificate (e.g., in the case of 
boric acid imported for non-insecticidal uses)? 
3. The United States has previously requested India’s assistance in understanding why the 
information requested on the import license applic ation is necessary, and how India’s procedure 
ensures that the boric acid being imported is not be ing misused.  While India's response clarified and 
reiterated the need for an end use certificate (G /LIC/Q/IND/16), it was still not clear exactly how 
India import licensing procedures achieve its objective of avoiding misuse of boric acid and why the information India requests on the import license application advances that objective.  We would appreciate a fuller explanation in this respect.   
4. India noted that domestic manufacturers and traders must register before the Central 
Insecticides Board and Registration Committee (G/LIC /Q/IND/12) and that domestic producers must 
maintain production and sales records (G/LIC/Q/IND/ 12).  What specific actions are required for 
domestic producers and traders to fulfill these requi rements, where are these requirements set out in 
Indian law, and how does India enforce them?    
5. The United States understands that a 2007 circular from the Central Board of Excise & 
Customs (CBEC) definitively established that boric acid would be classified under heading 3808 only 
when imported as a pesticide for insecticidal use and that in all other circumstances boric acid would 
be classified under heading 2810.  Heading 3808 co vers insecticides, whereas heading 2810 covers 
oxides of boron.   
6. The United States understands that on June 22, 2011, the CBEC issued instructions 
(F.No.401/101/2011-Cus.III) that items that are list ed in Schedule B of the Insecticides Act of 1968 
but are "intended for purposes other than preventing,  destroying, repelling or mitigating any insects, G/LIC/Q/IND/19 
Page 2  
 
  rodents, fungi, weeds and other forms of plant or animal life not useful to human beings" are 
exempted from the "requirement of registration / import permit from CIB & RC."  However, the 
CBEC instructions "clarified that the import of Bo ric Acid would continue to be governed by the 
specific instructions on the items that are current ly in force."  Please cl arify what the specific 
instructions are that non-insecticidal boric acid is required to meet. 
7. Given the 2007 classification decision, recognizing that imports under heading 2810 are not 
insecticides, and the 2011 instructions, why are boric  acid imports under heading 2810 required to be 
licensed by the Central Insecticides Board? 
 
 
 
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