Representation on Importation of Goods under ‘Others’ Category

Terms of use

Terms of Use

The use of this site and the content contained therein is governed by the Terms of Use. When you use this site you acknowledge that you have read the Terms of Use and that you accept and will be bound by the terms hereof and such terms as may be modified from time to time.

All text, graphics, audio, design and other works on the site are the copyrighted works of nasscom unless otherwise indicated. All rights reserved.
Content on the site is for personal use only and may be downloaded provided the material is kept intact and there is no violation of the copyrights, trademarks, and other proprietary rights. Any alteration of the material or use of the material contained in the site for any other purpose is a violation of the copyright of nasscom and / or its affiliates or associates or of its third-party information providers. This material cannot be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way for non-personal use without obtaining the prior permission from nasscom.
The nasscom Members login is for the reference of only registered nasscom Member Companies.
nasscom reserves the right to modify the terms of use of any service without any liability. nasscom reserves the right to take all measures necessary to prevent access to any service or termination of service if the terms of use are not complied with or are contravened or there is any violation of copyright, trademark or other proprietary right.
From time to time nasscom may supplement these terms of use with additional terms pertaining to specific content (additional terms). Such additional terms are hereby incorporated by reference into these Terms of Use.

Disclaimer

The Company information provided on the nasscom web site is as per data collected by companies. nasscom is not liable on the authenticity of such data.
nasscom has exercised due diligence in checking the correctness and authenticity of the information contained in the site, but nasscom or any of its affiliates or associates or employees shall not be in any way responsible for any loss or damage that may arise to any person from any inadvertent error in the information contained in this site. The information from or through this site is provided "as is" and all warranties express or implied of any kind, regarding any matter pertaining to any service or channel, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed. nasscom and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the site. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.
nasscom or its affiliates or associates or its employees do not provide any judgments or warranty in respect of the authenticity or correctness of the content of other services or sites to which links are provided. A link to another service or site is not an endorsement of any products or services on such site or the site.
The content provided is for information purposes alone and does not substitute for specific advice whether investment, legal, taxation or otherwise. nasscom disclaims all liability for damages caused by use of content on the site.
All responsibility and liability for any damages caused by downloading of any data is disclaimed.
nasscom reserves the right to modify, suspend / cancel, or discontinue any or all sections, or service at any time without notice.

For any grievances under the Information Technology Act 2000, please get in touch with Grievance Officer, Mr. Anirban Mandal at data-query@nasscom.in.

New

See all

No notification found.

Representation on Importation of Goods under ‘Others’ Category

Devika Agarwal

@DevikaAgarwal

February 24, 2020

Public Policy

775

On 20^th February, Nasscom made a representation to the Director General of Foreign Trade (DGFT) on Trade Notice 47/2019-20 dated 29 Jan 2020 wherein DGFT solicited import data from industry relating to goods imported under the ‘Others’ category alongwith suggestions on creation of new specific Harmonized System of Nomenclature (HSN) codes for such goods.

Based on member inputs, Nasscom in its representation emphasised that the intention behind using ‘Others’ category by many IT companies is not to misuse the ‘Others’ category, and that many products imported by the IT industry are technical in nature with no appropriate HS codes, necessitating the use of the ‘Others’ category. Further, suggestion of new HSN codes is a time-consuming exercise which requires deliberation with classification experts, product engineers, manufacturing teams, etc. Especially for global players, this would require collaborating with different teams spread across different time zones to arrive at new HSN codes based on their experiences in other jurisdictions. Therefore, we have requested DGFT to extend the deadline for submitting inputs till 30 April, 2020 on grounds that the 18-day window provided in Trade Notice 47 is not sufficient.

While our primary request from DGFT is extension of deadline to submit inputs, we have also highlighted the following aspects in our recommendations:

The dominant view is to move to a 10-digit HSN code classification system from the existing 8-digit classification system used in India. This would allow the government to create additional specific categories for goods which are currently imported under ‘Others’ category. We recognise the difficulty in evolving a 10 digit classification system tailored to the Indian context immediately, but this would be a lasting solution.
Creation of specific HSN codes within the existing 8-digit classification system for goods currently imported under ‘Others’ category. If this is done, the industry should be given adequate time to comply with any new HSN codes promulgated by the government.
If the intention of the government is to place restrictions on items (import of which may be freely done currently) under the ‘Others’ category, the government should consider constituting an expert committee to look into this aspect and discuss with industry representatives prior to changing the status of any ‘Others’ category item from free to restricted.
The DGFT may consider continuing to allow certain imports under the ‘Others’ category in cases where there is no specific HSN code at 8-digit level for such goods. This is due to the difficulty in proposing specific HSN codes for all categories of goods which are currently being imported under ‘Others’ category. In such a case, importers should ensure that complete facts are submitted at the time of filing Bill of Entry and the product /generic name of the product being imported is specified in the “Description” field of the Bill of Entry.

DGFT customs Importation of Goods under 'Others' category import policy Harmonized System of Nomenclature

Disclaimer

That the contents of third-party articles/blogs published here on the website, and the interpretation of all information in the article/blogs such as data, maps, numbers, opinions etc. displayed in the article/blogs and views or the opinions expressed within the content are solely of the author's; and do not reflect the opinions and beliefs of NASSCOM or its affiliates in any manner. NASSCOM does not take any liability w.r.t. content in any manner and will not be liable in any manner whatsoever for any kind of liability arising out of any act, error or omission. The contents of third-party article/blogs published, are provided solely as convenience; and the presence of these articles/blogs should not, under any circumstances, be considered as an endorsement of the contents by NASSCOM in any manner; and if you chose to access these articles/blogs , you do so at your own risk.

Devika Agarwal

Call for Inputs: SEBI's consul...

Swapnil