Goods specified in Supplementary Note 3 to this Chapter
Insecticides under Supplementary Note 3, Chapter 38
HSN 3808 91 51 (Insecticides specified in Supplementary Note 3 to Chapter 38) is subject to Central Drugs Standard Control Organisation (CDSCO) registration under Ministry of Health and Family Welfare (MOHFW) notification G.S.R. 102(E) dated 11-02-2020 where the product qualifies as a listed medical device. Import is restricted to designated ports under Rule 45 of the Insecticides Rules, 1971, and the ITC (HS) policy conditions 1, 2 and 4 to Chapter 38 administered by the Directorate General of Foreign Trade (DGFT) apply concurrently.
- CDSCO registration certificate from CDSCO
- Import permit from designated authority
- Chapter 38 qualifiers from CBIC
Procedural directions for customs clearance are issued by: Directorate General of Foreign Trade, Central Board of Indirect Taxes and Customs.
- 1Where the insecticide product falls within the list of medical devices notified under G.S.R. 102(E) dated 11-02-2020, obtain CDSCO registration before the bill of entry is filed. Import without the requisite CDSCO registration is a breach of the conditions stipulated in the MOHFW notification and attracts consignment detention.G.S.R. 102(E) dated 11-02-2020 issued by Ministry of Health and Family Welfare · ITC (HS) policy conditions 1, 2 and 4 to Chapter 38
- 2Route the consignment only through the ports designated under Rule 45 of the Insecticides Rules, 1971. For import of formulations, ensure compliance with CBIC Circular 07/2014-Cus dated 07-03-2014 regarding the applicable procedure and documentation.Rule 45 of the Insecticides Rules, 1971 · CBIC Circular 07/2014-Cus dated 07-03-2014
- 3Include mandatory additional qualifiers in the import declaration for Chapter 38 / CTH 3808 commodities as stipulated in paragraphs 4.1 and 4.2 of CBIC Circular 23/2023-Cus dated 30-09-2023, with effect from 15-10-2023. Non-compliant declarations are rejected at the bill-of-entry stage.CBIC Circular 23/2023-Cus dated 30-09-2023, paragraphs 4.1 and 4.2
The most common error on this tariff line is misidentifying whether the insecticide product falls within the medical-device list under G.S.R. 102(E): importers who treat the product purely as an agrochemical insecticide and bypass CDSCO registration face detention and confiscation at the port where customs officers apply the MOHFW notification. Separately, the mandatory Chapter 38 qualifiers under CBIC Circular 23/2023-Cus are routinely omitted from import declarations, causing bill-of-entry rejection before PGA clearance is even reached.