Home India Ministry of Commerce and Industry Amendment in Export Policy of COVID 19 Rapid Antigen Testing...
Date: 2021-08-16 Category: Extra Ordinary State: Union Government Country: India

Amendment in Export Policy of COVID 19 Rapid Antigen Testing Kits

Issued by Ministry of Commerce and Industry · Directorate General of Foreign Trade

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Executive Summary & Key Takeaways

## Report on Amendment to Export Policy of COVID-19 Rapid Antigen Testing Kits **1. Executive Summary:** This report analyzes a notification issued by the Directorate General of Foreign Trade, Ministry of Commerce and Industry, Government of India, regarding an amendment to the export policy for COVID-19 Rapid Antigen testing kits. The amendment, effective August 16, 2021, places the export of these kits under the "Restricted" category, changing the previous "Free" export policy. This report outlines the amendment's key provisions, rationale (inferred from the context), affected stakeholders, and potential impact. **2. Introduction:** This report aims to provide a comprehensive overview of the amendment to the export policy of COVID-19 Rapid Antigen testing kits, as outlined in the provided official notification. The analysis is based solely on the information contained within the document. **3. Policy Overview:** * This report concerns an **amendment** to the existing Foreign Trade Policy, 2015-20. * **Core Objective:** The core objective of the original policy (as applied to the export of goods) is to regulate and potentially promote exports. The objective of *this amendment* is to restrict the export of COVID-19 Rapid Antigen testing kits. **4. Background and Rationale:** This is an amendment. The likely reason for this amendment, inferred from the context of the COVID-19 pandemic, is to ensure sufficient availability of COVID-19 Rapid Antigen testing kits within India. By restricting exports, the government aims to prioritize domestic needs during the ongoing health crisis. The sudden shift from a "Free" to "Restricted" export policy suggests a potential concern about domestic supply or a perceived need to conserve resources for internal use. **5. Key Provisions / Changes:** This section focuses on the specific changes introduced by the amendment. * **Specific Part of Original Policy Changed:** The amendment modifies Schedule 2 of the ITC (HS) Export Policy related to the export of COVID-19 Rapid Antigen testing kits. * **New Rule/Provision:** The export policy for COVID-19 Rapid Antigen testing kits falling under ITC HS Codes Ex 3822 and Ex 3002, and potentially any other relevant HS codes, is changed from "Free" to "Restricted." * **Difference/Effect of Change:** Previously, these kits could be exported without restriction. Now, their export is subject to specific licensing or authorization requirements, which are not detailed in the provided document but would be determined by the Directorate General of Foreign Trade (DGFT) or another relevant authority. This change will likely make it more difficult and potentially more expensive for companies to export these kits. **6. Target Audience and Stakeholders:** The primary target audience and stakeholders directly affected by this amendment are: * Manufacturers and exporters of COVID-19 Rapid Antigen testing kits in India. * International importers of these kits who previously sourced them from India. * Freight forwarders and logistics companies involved in the export of these kits. **7. Implementation Aspects (Inferred):** * **Responsible Agency:** The Directorate General of Foreign Trade (DGFT), under the Ministry of Commerce and Industry, is the responsible agency for implementing and enforcing this amendment. * **Timelines/Procedures:** The amendment takes effect immediately (August 16, 2021). Specific procedures for obtaining export licenses or authorizations are not detailed in the notification and would likely be communicated separately by the DGFT. The ITC HS codes are specified to facilitate identifying the products that are subject to the change in export policy. **8. Expected Outcomes / Impact of Changes:** The likely intended outcome of this amendment is to: * Increase the domestic availability of COVID-19 Rapid Antigen testing kits in India. * Potentially reduce the export of these kits from India. * Increase the cost and complexity of exporting these kits. * Potentially affect the international supply chain for these kits, particularly for countries that rely on India as a source. **9. Conclusion:** The amendment to the export policy of COVID-19 Rapid Antigen testing kits, placing them under the "Restricted" category, represents a significant shift in trade regulations. This change is likely motivated by the need to prioritize domestic availability during the COVID-19 pandemic. Affected stakeholders, particularly manufacturers and exporters, should familiarize themselves with the new requirements for exporting these kits and seek guidance from the DGFT. The impact on the international supply chain and the overall availability of these kits globally remains to be seen.

Key Entities Referenced

Foreign Trade Policy, 2015-20: A trade policy referenced in the notification. Foreign Trade Development and Regulation Act, 1992: Indian law, Act No. 22 of 1992, that empowers the Central Government to regulate foreign trade. Central Government: The government of India, which is issuing the notification. COVID19 Rapid Antigen testing kits: The goods whose export policy is being amended. Schedule 2 of ITC HS Export Policy: The schedule of the Indian Trade Classification (Harmonized System) that lists export policies. ITC HS Codes Ex 3822: The specific HS code for COVID19 Rapid Antigen testing kits whose export policy is being amended from Free to Restricted. ITC HS Codes Ex 3002: The specific HS code for COVID19 Rapid Antigen testing kits whose export policy is being amended from Free to Restricted. Ministry of Commerce and Industry: The Indian government ministry responsible for trade and industry. Department of Commerce: A department within the Ministry of Commerce and Industry. Directorate General of Foreign Trade: The agency responsible for implementing foreign trade policy. Amit Yadav: Director General of Foreign Trade and Ex-Officio Additional Secretary. New Delhi: The location where the notification was issued, New Delhi, Delhi Mayapuri, New Delhi: Location of the Government of India Press in Delhi Delhi: Location of the Controller of Publications
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 सी.जी.-डी.एल.-अ.-16082021-229038 xxxGIDHxxx CG-DL-E-16082021-229038 xxxGIDExxx असाधारण EXTRAORDINARY भाग II—खण्ड 3—उप-खण्ड (ii) PART II—Section 3—Sub-section (ii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 3069] नई दिल्ली, सोमवार, अगस्ट्त 16, 2021/श्रावण 25, 1943 No. 3069] NEW DELHI, MONDAY, AUGUST 16, 2021/SRAVANA 25, 1943 ubZ fnYyh] 16 vxLr] 2021 ’k —fon”s k O;kikj uhfr 2015&20 ds iSjk 1-02 vkSj 2-01 ds lkFk ifBr ;Fkk la'kksf/kr fons”k O;kikj ¼fodkl ,oa fofu;eu½ vf/kfu;e] 1992 ¼o’kZ 1992 dh la- 22½ dh /kkjk&3 ds rgr iznÙk “kfDr;ks a dk iz;ksx djrs gq, dsUnz ljdkj ,rn}kjk dksfoM&19 jfSiM ,aVhtu VfsLVax fdV~l ds fu;kZr ls lacaf/kr vkbZVhlh ¼,p,l½ fu;kZr uhfr dh vuqlwph&2 eas fuEufyf[kr laa”kks/ku djrh gS% bZ ,Dl 3822 dksfoM&19 jSfiM ,aVhtu 207,lh eqDRk Ikzfrcaf/kr bZ ,Dl 3002 VfsLVax fdV~l 4560 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] 2. mi;qZDr fofufnZ’V vkbZVhlh ¼,p,l½ dksM~l vFkok fdlh vU; ,p ,l dksM ds varxZr vku s okyh dksfOkM&19 jSfiM ,aVhtu VsfLVxa fdV~l ds fu;kZr dks rRdky izHkko ls Ikzfrcaf/kr Js.kh ds varxZr Mkyk x;k gSA [Qk- la- 01@91@110@06@,,e&21@bZlh@bZ&22863] vfer ;kno] Ekgkfuns”kd] fons”k O;kikj ,oa Iknus vij lfpo MINISTRY OF COMMERCE & INDUSTRY (Department of Commerce) (DIRECTORATE GENERAL OF FOREIGN TRADE) NOTIFICATION New Delhi, the 16th August, 2021 No. 18/2015-2020 Subject: Amendment in Export Policy of COVID-19 Rapid Antigen testing kits. S.O. 3317(E).—In exercise of powers conferred by Section 3 of the Foreign Trade (Development & Regulation) Act, 1992 (No. 22 of 1992), as amended, read with Para 1.02 and 2.01 of the Foreign Trade Policy, 2015-20, the Central Government hereby makes following amendment in the Schedule–2 of ITC (HS) Export Policy related to export of COVID-19 Rapid Antigen testing kits. S.No ITC HS Codes Description Present Policy Revised Policy COVID-19 Rapid Antigen testing 207AC Ex 3822 Free Restricted kits Ex 3002 2. Effect of this Notification: The export of COVID-19 Rapid Antigen testing kits falling under the ITC (HS) Codes specified above or falling under any other HS Code has been put under Restricted category, with immediate effect. [F. No. 01/91/110/06/AM21/EC/E-22863] AMIT YADAV, Director General of Foreign Trade Ex-Officio Addl. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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