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On September 20, 2023, a meeting regarding discussion on mandatory additional qualifiers in import/export declarations in respect of certain products has been held at the Conference Room of FICCI Headquarters in New Delhi. The meeting was attended by the officials from the Department of Chemicals & Petrochemicals and Department of Revenue, and manufacturers, importers, exporters, etc.
The Indian Government viewed the mandatory declarations of CAS No. and IUPAC names as a necessary step to build up the inventory of chemicals being placed in the Indian market. It will also facilitate in determining the quantity of hazardous chemicals being imported into the country. The CAS Number will also play a pivotal role is identifying the dual use substances (potential threat for chemical weapons, narcotic etc.) and also provide a means to check the misclassification of the chemicals. However, the government expects that these additional fields in the bill of entry as mandatory will be a new process for industry and may require some time for them to get acquainted with it and collect the required data. Taking this into consideration, the Central Board of Indirect Taxes and Customs of India (CBIC) has once extended the filing deadline from July 7, 2023 to October 1, 2023.
During the meeting, the regulation scope is further explained by the officials. According to Circular No. 15/2023, it will cover the chapter 28, 29, 32, 38 and 39. However, in case of chapter 38, only Section 3808 (insecticides, fungicides, etc.) will be covered under the mandatory declaration.
In terms of confidentiality, the importers need to submit the main constituent of that particular chemical product instead of 100 percent disclosure of chemical composition along with self-declaration. Justification will need to be provided for why full compositional detail cannot be shared. The details (CAS number and IUPAC) of chemicals will be masked in the bill of entry.
One example is brought up during the stakeholder discussion:
| Suppose A chemicals are made from 7 chemicals constituents, but importers know only details of 2 chemicals (Main constituent), In that case, the importer can clear the declaration by selecting "Not Applicable" for the remaining 5 constituents and filling out an explanation in the self-statement. |
In addition, the meeting has decided that the disclosure of CAS number and IUPAC name shall be provided as follows:
Bulk and Basic Chemicals: Both the details of CAS number and IUPAC name may be provided in bill of entry.
Proprietary Products: Either CAS number or IUPAC name of main constituent may be provided, proven that there is appropriate document justifying proprietorship. (The template will be designated by the official as soon as possible).
Formulation and Mixtures: Only the CAS numbers and IUPAC name of active ingredient may be declared in bill of entry.
Bio pesticides/ R&D compounds: If not having CAS number and IUPAC details then “Not Applicable” option shall be chosen with reasons provided.
It is important to note that during the initial three months of implementation, it will be considered a trial period for government, and the regulations may be subject to revisions thereafter.
