Goods specified in Supplementary Note 12 to this Chapter
Herbicides, anti-sprouting products and plant-growth regulators (Supplementary Note 12)
HSN 3808 93 41 covers goods specified in Supplementary Note 12 to Chapter 38 and is subject to mandatory registration or import permit under Section 9 of the Insecticides Act, 1968, administered by the Central Insecticides Board and Registration Committee (CIB&RC). Where the goods are also classified as medical devices under G.S.R. 102(E) dated 11-02-2020, registration with the Central Drugs Standard Control Organisation (CDSCO) under the Ministry of Health and Family Welfare (MOHFW) applies as a concurrent overlay. Import is Free under DGFT Notification 44/2025-26 subject to policy condition 7 of Chapter 29, with CBIC Chapter 29/38 mandatory qualifiers required at bill of entry.
- Registration certificate or import permit from CIB&RC
- CDSCO registration from MOHFW
- Chapter 29/38 qualifiers from CBIC
Procedural directions for customs clearance are issued by: Directorate General of Foreign Trade, Central Board of Indirect Taxes and Customs.
- 1Obtain mandatory registration or, where the herbicide/plant-growth regulator is imported for a non-insecticidal purpose, an import permit from the CIB&RC under Section 9 of the Insecticides Act, 1968. The certificate of registration specifies the permitted source of import; no consignment may arrive from any source other than that stated on the registration certificate or permit.Section 9 of the Insecticides Act, 1968 · Insecticides Rules, 1971 · DGFT Notification 44/2025-26 dated 15-10-2025 · policy condition 7 of Chapter 29
- 2Route the consignment only through ports notified under Rule 45 of the Insecticides Rules, 1971. Where the goods additionally qualify as a medical device listed in G.S.R. 102(E) dated 11-02-2020, upload the CDSCO registration document in e-Sanchit before filing the bill of entry.Rule 45 of the Insecticides Rules, 1971 · G.S.R. 102(E) dated 11-02-2020
- 3Ensure mandatory additional qualifiers for Chapter 38 and CTH 3808 commodities are declared in the import declaration per paragraphs 4.1 and 4.2 of CBIC Circular 23/2023-Cus, with effect from 15 October 2023. Also confirm compliance with Supplementary Note 12 of Chapter 38 as introduced by the Finance Bill 2025 with effect from 01-05-2025.CBIC Circular 23/2023-Cus dated 30-09-2023, para 4.1 and 4.2 · Finance Bill 2025 w.e.f. 01-05-2025 · Supplementary Note 12 of Chapter 38
The most prevalent error on this tariff line is importing from a source not specified on the CIB&RC registration certificate or import permit — a violation that cannot be remedied post-arrival and results in outright refusal of out-of-charge, potential seizure under the Insecticides Act, 1968, and criminal liability for the importer. Where the same product is also notified as a medical device under G.S.R. 102(E), operators frequently overlook the concurrent CDSCO registration requirement; arrival without CDSCO registration triggers detention pending regularisation, which is not always possible.