While the majority of the goods are freely importable, the Exim Policy (2007) of
India prohibits import of certain categories of products as well as conditional
import of certain items. In such a situation it becomes important for the importer
to have an import license issued by the issuing authorities of the Government of
India.
Import License Issuing Authority
In India, Import License is issued by the Director General of Foreign Trade. DGFT
Delhi office is situated in Udyog Bhawan, New Delhi 110011.
Validity of Import License
Import Licenses are valid for 24 months for capital goods and 18 months for raw
materials components, consumable and spares, with the license term renewable.
Sample of Import License
A typical sample of import license consists of two copies- Foreign Exchange Control
Copy: To be utilised for effecting remittance to foreign seller or for opening letter
of credit Customs Copy: To be utilised for presenting to Customs authority enabling
them to clear the goods. In the absence of custom copy, import will be declared
as an unauthorised import, liable for confiscation and or penalty.
Categories of Import
All types of imported goods come under the following four categories:
- Freely importable items: Most capital goods fall into this category. Any
product declared as Freely Importable Item does not require import licenses.
- Licensed Imports: There are number of goods, which can only be importer under
an import license. This category includes several broad product groups that are
classified as consumer goods; precious and semi-precious stones; products related
to safety and security; seeds, plants and animals; some insecticides, pharmaceuticals
and chemicals; some electronically items; several items reserved for production
by the small-scale sector; and 17 miscellaneous or special-category items.
- Canalised Items: There are certain canalised items that can only be importer
in India through specified channels or government agencies. These include petroleum
products (to be imported only by the Indian Oil Corporation); nitrogenous phosphatic,
potassic and complex chemical fertilizers (by the Minerals and Metals Trading Corporation)
vitamin- A drugs (by the State Trading Corporation); oils and seeds (by the State
Trading Corporation and Hindustan Vegetable Oils); and cereals (by the Food Corporation
of India).
- Prohibited items: Only four items-tallow fat, animal rennet, wild animals
and unprocessed ivory-are completely banned from importation.
Category of Importer
On the basis of product to be imported and its target buyer, importers categories
are divided into three groups for the purpose of obtaining import licensing:
- Actual Users- An actual user applies for and receives a license to import
of any item for personal use rather than for business or trade purpose.
- Registered exporters - defined as those who have a valid registration certificate
issued by an export promotion council, commodity board or other registered authority
designated by the Government for purposes of export-promotion.
- Others
The two types of actual user license are:
- General Licenses : This license can be used for the imports of goods from
all countries, except those countries from which imports are prohibited;
- Specific Licenses : This license can only be used for imports from a specific
country.
Custom Inspection
Any violation in the import license is usually scanned by the custom officials of
the custom department. Customer inspector and other custom officials have authority
to inspect and evaluate the goods to be imported. It’s a part of their job to determine
whether imports conform to the description in the import License or not. Custom
official even have right to charge fines and penalties if any violation in the import
license is found to be done by the importer.