Lok Sabha Question No. 3954 (UNSTARRED), answered on 2019-07-17
Subject: Trade with China
Ministry: COMMERCE AND INDUSTRY
Asked by: Su Thirunavukkarasar

## GOVERNMENT OF INDIA MINISTRY OF COMMERCE & INDUSTRY (DEPARTMENT OF COMMERCE)

## LOK SABHA UNSTARRED QUESTION NO. 3954 TO BE ANSWERED ON 17 th JULY, 2019

## TRADE WITH CHINA

## 3954.  SHRI SU. THIRUNAVUKKARASAR:

Will the Minister of COMMERCE & INDUSTRY ( वा�ण�य एवं उ�योग मं�ी ) be pleased to state:

- (a) the  total  number  of  companies  awarded  license  to  import  goods/products  from  abroad, particularly from China during the last three years;
- (b) whether the Union Government is aware of that some companies imported fake/counterfeit and substandard goods/ products from abroad in violation of the Indian Standards and Safety norms which totally affected the Indian economy and if so, the details thereof; and
- (c) whether  the  Union  Government  would  take  strict  action  against  those  companies  which imported such fake/ counterfeit and substandard goods/products from abroad, particularly from China, and if so, the details thereof?

## ANSWER

okf.kT; ,oa m|ksx ea=ky; esa jkT; ea=h ¼Jh gjnhi flag iqjh ½

THE MINISTER OF STATE IN THE MINISTRY OF COMMERCE AND INDUSTRY (SHRI HARDEEP SINGH PURI)

(a): The Import Policy for most goods is 'Free'. Out of more than 11,500 tariff lines only 407 tariff lines are  'Restricted'  for import. Licenses are  issued for import of  'Restricted'  items. Import from China takes place under the same rules, regulations and guidelines as it takes place from any other country  of  the  world,  subject  to  other  domestic  laws.    The  details  of  the  licenses  issued  for  items categorised as 'Restricted'  as  per  the  import  policies  in  the  last three  years  and  licenses  where  the importer has indicated the country of origin specifically China is as under:-

| S.No.   | Year of Import     |   Total number licenses issued licenses issued |   Total number of licenses where the country of import is indicated as China |
|---------|--------------------|------------------------------------------------|------------------------------------------------------------------------------|
| 1.      | 2016-17            |                                            500 |                                                                           29 |
| 2.      | 2017-18            |                                            429 |                                                                           22 |
| 3.      | 2018-19            |                                            558 |                                                                           38 |
| 4.      | 2019-20 (June2019) |                                            115 |                                                                           05 |
|         | Total              |                                           1602 |                                                                           94 |

Source DGFT

(b) to (c): The efforts to prevent import of fake /counterfeit/sub-standard goods is an ongoing process. Under the Foreign Trade Policy, legal provisions exist to protect the Indian consumers and producers, as  imported  goods  are  subject  to  the  same  domestic  laws,  rules,  orders,  regulations,  technical specifications, environmental, and safety norms.   The BIS standards applicable to domestic goods are also applicable to imported goods.

Central Board of Indirect taxes and Customs (CBIC) has taken a number of measures to prevent the import of counterfeit products in India, which are enumerated below:

- i) Notification No.51/2010-Customs (N.T.) dated 30.6.2010 as amended vide notification No. 57/2018-Customs(N.T.) dated 22 nd June, 2018 was issued to prohibit import of goods for sale or use in India, which are covered under specified legal provisions of the following statutes  that  regulate  products  with  false  trade  mark,  fraudulent  or  obvious  imitation  of design, false Geographical indication or product which infringe registered copyright etc.
- Trade Marks Act, 1999;
- Copyright Act, 1957;
- Designs Act, 2000;
- Geographical Indications of Goods (Registration and Protection) Act, 1999; and

(ii) The Intellectual Property Rights (Imported Goods) Enforcement Rules 2007 notified vide notification No. 47/2007-Customs (N.T.) dated 8 th May, 2007, as amended vide notification No. 56/2018-Customs (N.T.) dated 22 nd June, 2018 lays down a detailed procedure to be followed by the right holders or their authorized representatives as also by the Customs for seeking suspension of release of suspect imported goods.

(iii) Indian Customs has put in place a web-based Intellectual Property Rights  module viz. Automatic Recordation and Targeting for IPR Protection (ARTS), for effective administration of the legal measures. ARTS has been integrated with the Indian Customs Risk Management System for targeting import of counterfeit and pirated goods (http//ipr.icegate.gov.in).

The holders of Intellectual property rights registered and valid in India can record their Intellectual Property  Rights  with  Customs, following  above  legal  provisions  for  protection  of  their  IPRs against imports of infringing goods.

*****