How to Get Import Clearance Without a BIS Certificate: A Strategic Guide for First-Time Importers

Importing into India for the first time? Facing roadblocks due to a missing BIS (Bureau of Indian Standards) certification? You’re not alone. As India tightens safety and quality controls through mandatory Quality Control Orders (QCOs), importers — especially those handling electrical and electronic equipment — must now navigate complex regulatory waters. But what if your consignment is already en route or has arrived at port, and BIS certification wasn’t obtained in advance?

This blog outlines practical strategies, technical justifications, and documentary steps to seek import clearance even without a BIS certificate, especially for first-time importers.

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Understanding the BIS Mandate & QCO Coverage

BIS certification ensures that certain imported products meet Indian safety and quality standards. These are often enforced through Quality Control Orders (QCOs) notified by the DPIIT or Ministry of Electronics and IT (MeitY). For example:

“Safety of Household, Commercial & Similar Electrical Appliances (QCO) – 2023” mandates BIS (ISI mark) for all devices operating ≤250V (single-phase) or ≤415V (three-phase).

Affected items may include:

• Vacuum cleaners

• Electric pumps

• Pressure washers

• Floor-cleaning appliances

• Water heaters, etc.

BUT: The QCO list is often illustrative, not exhaustive. This opens room for interpretation.

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Case Study: Car Washing Machine (HS Code: 84798950)

Let’s say you imported a car washing machine from China without BIS. Here’s how to seek clearance:

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Strategy 1: Industrial Use Positioning

Classify as "Industrial Equipment"

If your product is not clearly meant for consumer retail use, argue that it is industrial-grade or commercial machinery used in workshops or car service stations.

Documentation Tips:

• Mention "Commercial Use Only" on the invoice

• Product brochures showing garage or professional use

• Avoid terms like “home use”, “domestic” or “household”

Reference:

“Appliance QCO targets products for household, commercial or similar application” – DPIIT QCO 2023

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Strategy 2: HS Code Classification Adjustments

Alternate HS Code Justification

Reassess whether the product fits better under:

• HS 8424: Mechanical appliances for projecting/spraying liquids (e.g., steam or pressure sprayers)

• Rather than HS 8479: Miscellaneous machinery

Customs are less likely to demand BIS for industrial spray systems under HS 8424.

Tip: Ensure this is done honestly based on product specs. Misdeclaration is penalized.

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Strategy 3: Citing DGFT Import Policy

Show "Free" Import Status

Under ITC(HS) Schedule:

HS Code 84798950 – “Other: Car washing machines and similar” is Free to import — with no BIS condition stated.

Attach:

• ITC(HS) schedule entry

• No BIS mention in Appendix III (DGFT)

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Strategy 4: Post-Facto BIS Application

Apply for BIS Certification Post-Arrival

While BIS rarely offers post-import clearance, showing a pending BIS application or intent to comply in future can support an appeal for provisional clearance.

Include:

• Proof of BIS application (FMCS or CRS)

• Manufacturer’s testing certificates (e.g., CE, ISO)

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Strategy 5: Declare End-Use & MSME Benefits

Furnish End-Use Certificates

If machines are for your own workshop, not resale, include:

• Letter stating use in own facility

• MSME Udyam Certificate (if applicable)

Quote QCO Exemptions:

• Up to 200 units/year for R&D

• MSMEs and small-scale importers granted grace periods

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Suggested Official References

1. BIS Appliance QCO Notification (2023) – DPIIT

2. DGFT ITC(HS) Schedule (HS 84798950) – www.dgft.gov.in

3. Compulsory Registration Scheme List – www.crsbis.in

4. Exemption for R&D/MSMEs – BIS QCO notifications

5. QCO Implementation Guidelines – www.bis.gov.in

6. TradeMap Import Trends for HS 8479 – www.trademap.org

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Document Set for Clearance Request (Without BIS)

Here’s what to prepare for your CHA and customs officer:

Commercial Invoice (mentioning commercial/industrial use)
Product Brochure (showing non-consumer use)
Manufacturer CE/IEC certificates (if available)
End-Use Declaration on Letterhead
Copy of DGFT “Free” policy for HS Code
MSME Certificate (if any)
Declaration of future BIS compliance intent

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Final Thoughts: A First-Time Importer’s Toolkit

If you're importing a product without BIS certification:

Don’t panic.
Stay honest.
Use documentation, policy references, and technical specs to justify a one-time clearance.
Engage a capable CHA who understands port-specific nuances.

Most importantly, for future shipments — initiate BIS certification process well in advance, especially for electrical and consumer goods.

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