Quality Control Order and BIS Registration- The Indian Import story

Introduction

In India, the Bureau of Indian Standards (BIS) plays a crucial role in ensuring the quality and safety of imported and domestically manufactured goods. The Quality Control Order (QCO) mandates compliance with BIS standards for certain product categories, making BIS registration essential for manufacturers looking to sell in the Indian market. This blog explores the importance of BIS registration, the compliance process, and exemptions under QCO regulations.

Understanding the BIS Scheme & QCO

BIS Standards Begin as Voluntary: Initially, BIS standards are voluntary. However, once the QCO is notified by the line ministry or Department of Central Government, compliance with these standards becomes mandatory.
Role of the Indian Importer: Unlike manufacturers, importers cannot obtain BIS registration but act as the Authorized Indian Representative (AIR) for foreign manufacturer in India.
Advance Preparation Required: Since BIS approval involves multiple steps, it is advisable to begin the application process well in advance to avoid business disruptions.

Upcoming QCOs & Their Impact on Importers

The BIS portal provides an updated list of upcoming QCOs, which importers must track to ensure compliance. https://www.bis.gov.in/upcoming-qcos-notified-and-due-for-implementation/
BIS registration is granted only to manufacturers, meaning traders or importers cannot independently apply.
Businesses should consult legal experts to determine the applicability of QCOs to their products before initiating the BIS registration process.

Eligibility for BIS Registration

To check whether your product requires BIS certification under QCO, consider the following:

Check the BIS Standard Applicability: Verify if the BIS standard listed in the QCO applies to your imported product.
Seek a Legal Opinion: A professional review can confirm whether your product qualifies for exemptions or requires full BIS registration.
Identify the BIS Scheme Category: Products may fall under one of the following categories:

Compulsory Registration Scheme (CRS): Requires lab testing in a BIS-accredited lab in India before approval. It may take anything between 60 days to 180 days depending on the product & manufacturing origin.
ISI Mark Certification (Domestic Manufacturers): Approval timelines range from 60 to 120 days, depending on the certification type.
Foreign Manufacturer Certification Scheme (FMCS): For international manufacturers, the approval process can take 9 to 10 months.

Key Features of BIS Registration

Regulated Under BIS Act, 2016: All certifications and penalties are governed by this legislation.
Compulsory Lab Testing for CRS Standards: Before receiving BIS approval, manufacturers must complete lab testing in BIS-accredited laboratories.
Strict Penalties for Non-Compliance: Selling products without BIS certification can lead to penalties up to 5 times the value of the goods.

Benefits of BIS Registration

Priority in Government Tenders: Many Indian government procurements require BIS certification.
Enhanced Product Credibility: BIS certification ensures better market acceptance and increased consumer trust.
Market Access & Compliance: Helps businesses comply with Indian import laws, allowing smooth entry into the market.
Mandatory Compliance Upon QCO Notification: Once a QCO is issued, BIS registration becomes mandatory rather than optional.

Exemptions from QCO & BIS Registration

Certain categories are exempt from BIS registration under specific conditions:

Products Manufactured for Export: Goods made in India for export purposes are not subject to QCO mandates.
Export-Oriented Units (EOUs): These entities do not require BIS certification.
Micro & Small Enterprises (MSEs): Under the MSME Act, certain small businesses are exempt from mandatory QCO compliance.
Advance Authorization Holders: As per DGFT Notification No. 69/2023 (March 7, 2024), businesses with an Advance Authorization license are exempt from QCO.

How S J EXIM Services Can Help

At S J EXIM Services, we provide expert guidance on indirect taxation, customs compliance, and regulatory matters related to BIS/QCO. Our expertise includes:

Legal advisory on BIS, QCO compliance, and exemptions, if any.
Assistance in classification issues, licensing, and customs-related litigation.
Representation for clients across all judicial forums.

Industries We Serve

Medical Devices
Automotive
Steel & Power
Footwear
Consumer Goods & Electronics
Manufacturing
Robotics

Conclusion

With India’s increasing focus on quality control and product safety, compliance with BIS QCO regulations is non-negotiable for importers and manufacturers both. Businesses should proactively ensure that their products meet BIS standards to avoid penalties and disruptions in trade. Consulting experts like SJ EXIM Services can streamline the registration process and ensure seamless compliance with Indian import laws.

In case you face any issues related to Indirect Tax-Customs, GST, Foreign Trade Policy (FTP), Arbitration matters and Central Licensing and related advisory matters in India then please feel free to get in touch with SJ EXIM Services.

We offer Legal advice and litigation support in matters related to Indirect Tax-Customs, FTP, other Indirect Tax matters & Arbitration law, all sorts of Central licensing and related matters. Come and explore the new way of doing business with us!

Source: BIS Act, 2016 & BIS Conformity Assessment Regulations, 2018.

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1. The views expressed are based on the interpretation of the relevant information/documents, applicable law, and government policy and there is no assurance that a court or tribunal or regulatory body or other governmental authority may not interpret it differently.

2. We are not responsible for updating or revising this article on account of any change in law or interpretation thereof or a change in events or circumstances informed or occurring after the date of this article unless specifically requested for it.

3. Our advice should not be taken or used out of context or reproduced for any other purpose or transaction. Views expressed in this update are strictly personal, based on our understanding of the underlying law.

4. We are not responsible for any injury, loss or cost arising to any person who refers to this update and acts or refrains from any act accordingly. We would suggest that detailed legal advice must be sought before relying on this update.

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