WORLD TRADE  
ORGANIZATION  G/LIC/Q/IND/12 
8 October 2008 
 (08-4787) 
Committee on Import Licensing Original:   English 
  
 
IMPORT LICENSING SYSTEM OF INDIA 
 
Replies by INDIA to the questions  from the UNITED STATES
 
  
 The following communication, dated 7 October 2008 is being circulated at the request of the 
delegation of India  
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 India thanks United States for the questions on its Import Licensing System dated 24 July 2008 and circulated in document G/LIC/Q/IND/11.   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.  Is the 
2006 version provided to the Secretariat still current ?  If not, we would greatly appreciate if India 
could provide the Secretariat with copy of the current version.  
 
Reply  
  The latest edition to be published on paper is the edition of 2006. However, the updated 
version is available at the DGFT web-site. 
 2. 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.  
 
Reply  
  Schedule 1 of the ITC (HS) which deals with import into India has been placed on the DGFT web-site. It is available at the link that is mentioned in the question.  G/LIC/Q/IND/12 
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  3. 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.  
 
Reply
 
 
 ITC (HS) provides product specific import restrictions.  
4. 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".    Reply
 
  License is issued if the conditions mentione d in the Foreign Trade Policy are satisfied. 
 5. 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? 
 
Reply
 
 In case the applications fulfil all the prescribed criteria for issue of an import license, such 
licenses are issued almost within a period of 15 days from the expiry of last date of receipt of 
applications.  
6. 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"? 
 
Reply
 
 
 Total fee collected does not exceed the cost of service rendered. Ad valorem levy facilitates 
collecting fee on the basis of “ability to pay” i.e.  small importers pay a less than proportionate share.  
 
Boric Acid Import Requirements  
 
7. 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? 
 
Reply  
  The import policy requirements on import of bor ic acid are mentioned in the ITC (HS) 
available on DGFT web-site. 
 Non-insecticidal Boric Acid
 
 8. 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  G/LIC/Q/IND/12 
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  import licenses or permits can be obtained for non-insecticidal boric acid, as well as any necessary no-
objection certificates. 
 
Reply  
 
 The import of Boric Acid for non-insecticidal u se is allowed on the basis of an import permit 
issued by the Registration Committee (RC). The p ermit is issued on the basis of a recommendation / 
end use certificate from the concerned Administrati ve Ministry / Department of Government of India/ 
District Industries Centers of the State Governments/ State Directors of Industries. Department of Agriculture has issued an exhaustive list of the agenc ies which can issue the end-use certificates. The 
applicant, desiring to import boric  acid, has to make an application to the RC in the prescribed 
proforma.  
9. 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? 
 
Reply
 
  An end-use certificate is a pre-requisite for making an application to the RC for grant of an 
import permit for import of an insecticide for non-in secticidal use. It is applicable to all the 
insecticides that are proposed to be imported for non-insecticidal use. 
 
10. Are there any permit requirements for non-insecticidal boric acid that is manufactured 
locally? 
 
Reply  
 
Since local manufacturers do not  import boric acid, they require no import permit.  
However, unlike importers, who are regulated by  a simple system of import permits for non 
insecticidal uses, the domestic manufacture rs and traders are subjected to the rigorous 
requirement of obtaining re gistration before CIB&RC.  
 
11. 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?    Reply
 
  Any person who can furnish the complete information as required in the application proforma 
can apply for grant of import permit. 
 12. 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.  
 
Reply
 
 
 Yes.  
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