Goods specified in Supplementary Note 4 to this Chapter
Insecticides specified in Supplementary Note 4, Chapter 38
HSN 3808 91 52 covers insecticides specified in Supplementary Note 4 to Chapter 38 that are classified as medical devices under G.S.R. 102(E) dated 11-02-2020, making Central Drugs Standard Control Organisation (CDSCO) registration under the Ministry of Health and Family Welfare (MOHFW) the operative clearance requirement. ITC (HS) policy conditions 1, 2 and 4 to Chapter 38 administered by the Directorate General of Foreign Trade (DGFT) apply concurrently, and import is restricted to ports notified under Rule 45 of the Insecticides Rules, 1971.
- Registration certificate from CDSCO
- Import Licence from DGFT
- 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.
- 1Confirm whether the insecticide product is listed in G.S.R. 102(E) dated 11-02-2020 issued by the Ministry of Health and Family Welfare. If listed, obtain CDSCO registration and ensure all registration conditions are met before filing the bill of entry; unregistered imports of listed medical devices are prohibited.G.S.R. 102(E) dated 11-02-2020 · ITC (HS) policy conditions 1, 2 and 4 to Chapter 38
- 2Ensure the bill of entry carries the mandatory additional qualifiers for CTH 3808 as stipulated in paragraphs 4.1 and 4.2 of CBIC Circular 23/2023-Cus dated 30-09-2023, with effect from 15 October 2023. Non-inclusion of the required qualifiers renders the declaration deficient and liable to examination and detention.CBIC Circular 23/2023-Cus dated 30-09-2023, paragraphs 4.1 and 4.2
- 3Route the consignment only through ports notified under Rule 45 of the Insecticides Rules, 1971. For import of formulations specifically, verify compliance with Customs Circular 07/2014-Cus dated 07-03-2014 before filing.Rule 45 of the Insecticides Rules, 1971 · Customs Circular 07/2014-Cus dated 07-03-2014
The most common error on this tariff line is assuming that a general insecticide import licence suffices without checking whether the specific product falls within the medical-device list under G.S.R. 102(E) dated 11-02-2020. Products meeting that G.S.R. definition require CDSCO registration as a precondition — not merely an ITC (HS) policy declaration — and consignments arriving without valid CDSCO registration face outright prohibition, not merely detention pending document upload. The mandatory Chapter 38 qualifiers under CBIC Circular 23/2023-Cus are an additional layer that applies regardless of the CDSCO determination.