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DGFT

Dated: 07.04.2026

Introduction

In a significant policy move impacting the biomass and wood-based export sector, the Government of India, through the Directorate General of Foreign Trade (DGFT), has amended the export policy governing wood pellets and wood briquettes under Chapter 44 of ITC (HS), 2022.

Vide Notification No. 04/2026-27 dated 06 April 2026, the Government has transitioned these products from a liberal or prohibited regime to a β€œRestricted” export category, mandating prior authorization for exports.

This development has immediate implications for exporters, manufacturers, and international buyers relying on Indian biomass products.

Legal Framework Behind the Amendment

The notification has been issued under:

  • Section 3 and Section 5 of the Foreign Trade (Development & Regulation) Act, 1992
  • Read with Para 1.02 and Para 2.01 of the Foreign Trade Policy (FTP), 2023

These provisions empower the Central Government to:

  • Regulate exports and imports
  • Modify export policy conditions
  • Impose restrictions in public interest

Key Changes Introduced

1. Wood Pellets (ITC HS Code: 44013100)

ParticularsEarlier PositionRevised Position
Export PolicyProhibitedRestricted
Export ConditionExport generally not permittedAllowed only with DGFT authorization

As per the table on Page 1 of the notification, wood pelletsβ€”classified as sawdust, wood waste, and scrap agglomerated into pelletsβ€”were earlier completely prohibited for export, except certain conditional cases.

Now, exports are conditionally permitted, subject to obtaining a Restricted Export Authorization.

2. Wood Briquettes (ITC HS Code: 44013200)

ParticularsEarlier PositionRevised Position
Export PolicyFreeRestricted
Export ConditionNo authorization requiredAuthorization mandatory

As seen on Page 2 of the notification, wood briquettes have moved from a β€œFree” export category to β€œRestricted”, introducing compliance obligations for exporters.

Revised Policy Condition: A Unified Control Mechanism

The revised condition for both categories now states:

β€œExport shall be permitted under a Restricted Export Authorization.”

This effectively introduces a licensing regime, bringing both products under DGFT’s regulatory scrutiny.

Effect of the Notification

As explicitly clarified under Para 2 (Effect of this Notification):

  • Wood pellets β†’ Prohibited β†’ Restricted
  • Wood briquettes β†’ Free β†’ Restricted

Immediate implication:

All exports of these items can now be undertaken only after obtaining DGFT authorization.

Policy Rationale: Why This Change?

While the notification itself does not elaborate on reasons, the shift indicates broader regulatory intent:

1. Domestic Resource Conservation

Wood-based biomass is increasingly used for:

  • Renewable energy (pellets)
  • Industrial fuel substitution

Restriction ensures domestic availability.

2. Environmental Governance

Control over:

  • Deforestation risks
  • Unregulated biomass extraction

3. Export Monitoring

Transition from:

  • Unregulated / absolute ban β†’ Controlled export regime

This allows the government to:

  • Monitor quantities
  • Allocate export quotas
  • Ensure sustainable sourcing

Practical Impact on Exporters

1. Mandatory DGFT Authorization

Exporters must now:

  • Apply through DGFT portal
  • Justify quantity, sourcing, and compliance

2. Increased Compliance Burden

Documentation may include:

  • Source of raw material
  • Sustainability certifications
  • End-use declarations

3. Delay in Export Timelines

  • Authorization process may affect shipment schedules
  • Contracts may require renegotiation

4. Risk of Penal Action

Export without authorization may attract:

  • Penalties under FTDR Act
  • Customs confiscation / seizure

Legal Interpretation & Trade Strategy

Shift from Absolute Ban to Conditional Permission

For wood pellets:

  • Earlier: Total prohibition
  • Now: Conditional liberalization (with control)

This reflects a policy balancing approach rather than outright restriction.

Alignment with Export Control Jurisprudence

The move aligns with established principles:

  • Government retains absolute discretion in export regulation
  • Export is a privilege, not a right
  • Restrictions are valid when based on:
    • Public interest
    • Environmental concerns
    • Economic stability

Compliance Checklist for Exporters

  • Identify correct ITC(HS) classification (44013100 / 44013200)
  • Apply for DGFT Restricted Export Authorization
  • Ensure traceability of raw material
  • Review existing export contracts
  • Align logistics timelines with approval process
  • Maintain records for audit / verification

Conclusion

The DGFT Notification dated 06 April 2026 marks a structural shift in India’s biomass export policyβ€”moving towards a controlled and monitored export regime for wood pellets and briquettes.

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!


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