Customs Instruction No.28/2023-Customs: Updates on BIS Registration and Random Sampling for Import Goods

Case Name:

Customs Instruction No.28/2023-Customs

Key Takeaways:

1. BIS registration is mandatory for import goods notified under the “Electronic and Information Technology Goods (Requirement of Compulsory Registration) Order, 2012.”
2. Random sampling of LED products and control gear for LEDs is required.
3. Customs officers are instructed to systematically check for BIS registration.
4. The Risk Management System is used for random consignment selection.
5. Samples drawn undergo testing at BIS-recognized labs for non-destructive safety parameters.
6. Out of Charge (OOC) is granted only if the sample complies with defined safety parameters.
7. Non-compliant goods may face return or destruction, with the importer bearing the associated costs.

Synopsis:

Customs Instruction No.28/2023-Customs, issued by the Government of India, provides important updates regarding the BIS (Bureau of Indian Standards) registration requirements for import goods, specifically those notified under the “Electronic and Information Technology Goods (Requirement of Compulsory Registration) Order, 2012.” The instruction also outlines the mandatory random sampling of LED products and control gear for LEDs.

Let’s analyze the key points mentioned in the instruction:

1. Background and Regulatory Framework:

The directive refers to DGFT (Directorate General of Foreign Trade) Notification No. 50/2015-2020 and No. 32/2015-2020, which emphasize the need for BIS registration and random sampling for specific categories of goods.

MeitY’s (Ministry of Electronics and Information Technology) OM (Office Memorandum) No. 37(4)/2018-IPHW authorizes Customs Authorities for handling non-compliant goods.

2. Streamlining the Process:

To ensure uniform implementation, the Customs Board instructs officers to systematically check for BIS registration.

The Risk Management System is employed for random consignment selection.

The drawn samples undergo testing at BIS-recognized labs for non-destructive safety parameters.

3. Testing Parameters and Compliance:

The Customs Officer grants an Out of Charge (OOC) only if the sample complies with defined safety parameters, as per the BIS-recognized lab’s test report.

Non-compliant goods may face return or destruction, with the importer bearing the associated costs.

In conclusion, Customs Instruction No.28/2023-Customs streamlines the process of BIS registration and random sampling, ensuring compliance with safety standards for imported goods. Importers must be vigilant about meeting these requirements to avoid complications and potential costs associated with non-compliance. If importers face challenges in implementing these instructions, they are encouraged to communicate with the Customs Board for resolution.