Canada and the US have complained that quality control orders put in place by India for a range of products, including toys, ICT items, automotives and chemicals, were difficult to implement by exporting countries and had impacted trade. They have sought reinstatement of full and permanent recognition of results from internationally accredited labs.

India should also provide greater clarity and transparency regarding the steps laboratories can take to obtain such recognition from BIS, according to a technical statement by Canada, the US and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu, submitted to the WTO Committee on Technical Barriers to Trade on Friday.

The countries have said they want to engage with India to ensure that the implementation of these measures are conducted in ways that are consistent with India’s WTO obligations.

 “Currently, exporters whose products have already been certified by accredited international laboratories, report that results from these laboratories are not being accepted as proof of compliance with the requirements of the Compulsory Registration Order and the  Mandatory Testing and Certification of Telecommunications Equipment scheme. As a result, exporters are forced to undertake duplicative testing,” it said.

The countries said India needed to utilise the benefits of International Laboratory Accreditation Cooperation (ILAC) membership and accept foreign laboratory test results from ILAC-accredited labs as proof of compliance with Indian requirements.

While thanking India for recently extending recognition of test results from laboratories accredited by ILAC for certain products until June 30, 2023, the countries said the process through which institutions can obtain recognition was unclear and lacked transparency. “We remain unaware of any laboratory that has obtained such recognition,” the submission noted.

At the moment, over 450 products are under the ambit of mandatory certification in India. For a number of products, compliance to Indian Standards is made compulsory taking into consideration public interest, protection of human, animal or plant health, safety of environment, prevention of unfair trade practices and national security. For these products, the government makes it mandatory for manufacturers to follow Indian standards and obtain BIS certification.

In the case of toys, a total halt in exports by US and Canadian companies occurred because of the quality control order, and trade continues to be greatly impacted, the countries complained. “India continues to require testing of every import shipment of toys in addition to on-site sampling at manufacturing facility, with those samples then shipped to India for in-country testing. Situations like these not only add to the cost of the importation process but also lead to delays,” the communication noted.

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