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HomeHSNChapter 12HSN 1209 91 70

Of chilly of genus Capsicum

Chilly seeds of genus Capsicum for sowing

DGFT CLEARANCE

HSN 1209 91 70 (Chilly seeds of genus Capsicum for sowing) is subject to the ITC (HS) import policy administered by the Directorate General of Foreign Trade (DGFT), which classifies this tariff line under Appendix 4J spices, imposing a pre-import condition. DGFT Policy Circular 05/2025 dated 22-09-2025 further clarifies that spices falling under Appendix 4J are ineligible for import under Duty Free Import Authorisation (DFIA) under any circumstances, irrespective of intended end use.

What this is
HSN code
1209 91 70
Chapter
12 · Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants
Primary regulator
DGFT · ITC (HS) policy with Appendix 4J pre-import condition, Chapter 12
Customs documentation
  • Phytosanitary Certificate from exporting authority
  • ITC (HS) policy compliance from DGFT
Compliance steps
  1. 1
    Confirm the consignment is accompanied by a Phytosanitary Certificate (document code 851000) issued by the competent authority of the exporting country, and upload it in e-Sanchit before the bill of entry is filed. Customs out-of-charge will not be granted until the Phytosanitary Certificate is verified in e-Sanchit.
    e-Sanchit document code 851000 · ITC (HS) import policy, Chapter 12
  2. 2
    Do not import Capsicum seeds under a Duty Free Import Authorisation. DGFT Policy Circular 05/2025 dated 22-09-2025 explicitly bars import of all Appendix 4J spices, including chilly of genus Capsicum, under DFIA irrespective of intended end use; such an attempted import is liable to detention and DGFT enforcement action.
    DGFT Policy Circular 05/2025 dated 22-09-2025
A word of counsel

The most frequent error on this tariff line is assuming that a research, breeding, or processing end-use converts Capsicum seeds from a spice to an agricultural input, thereby qualifying the import under DFIA. DGFT Policy Circular 05/2025 closes that argument: Appendix 4J classification is determinative, and no end-use declaration overrides the pre-import condition. An import attempted under DFIA on this basis is treated as an unauthorised import, attracting cancellation of the authorisation and recovery of foregone duty.

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Frequently asked
Does HSN 1209 91 70 require BIS certification?
No, no BIS Quality Control Order covers vegetable seeds of genus Capsicum. Import is governed by the ITC (HS) policy administered by the Directorate General of Foreign Trade, with an Appendix 4J pre-import condition and a Phytosanitary Certificate requirement.
What is the Appendix 4J pre-import condition and how does it affect the bill of entry?
Appendix 4J of the ITC (HS) lists spices subject to a pre-import condition, meaning specific approvals or conditions must be satisfied before the import is initiated — not at or after the bill of entry stage. Consignments arriving without prior compliance are liable to detention pending DGFT resolution.
Can Capsicum seeds be imported under DFIA if they are intended for re-export after processing?
No. DGFT Policy Circular 05/2025 dated 22-09-2025 explicitly holds that Appendix 4J spices are ineligible for import under DFIA under any circumstances, irrespective of intended end use, including processing for re-export.
Last verified against gazette notifications: 2026-05-16. Source: DGFT / Indian Customs CUSDATA.
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