The CBIC has issued Instruction No.06/2023 dated February 14, 2023 regarding the compliance of Bureau of Indian Standards (“BIS”) standards for toys or parts of toys during import.
Board is in receipt of references, on the above subject, for strengthening compliance with the prescribed BIS standards. In this regard, your attention is drawn to Toys (Quality Control) Order, 2020 dated February 25, 2020 effective from January 01, 2021 which, inter-alia, mandates conformity with the corresponding Indian Standard(s) for toys (including import), and further stipulates that it shall bear the Standard Mark under a license from BIS). These standards are mentioned in column (2) of the Table below:
|
Goods or articles |
Indian Standard | Title of Indian Standard |
| (1) | (2) |
(3) |
|
Toys |
IS 9873 (Part 1) : 2018 | Safety of Toys Part l Safety Aspects Related to Mechanical and Physical Properties. |
| IS 9873 (Part 2) : 2017 |
Safety of Toys Part 2 Flammability. |
|
|
IS 9873 (Part 3) : 2017 |
Safety Requirements for Toys Part 3 Migration of Certain Elements. | |
| IS 9873 (Part 4) : 2017 |
Safety of Toys Part 4 Swings, Slides and Similar Activity Toys for Indoor and Outdoor Family Domestic Use. |
|
|
IS 9873 (Part 7) : 2017 |
Safety of Toys Part 7 Requirements and Test Methods for Finger Paints. | |
| IS 9873 (Part 9) : 2017 |
Safety of Toys Part 9 Certain Phthalates Esters in Toys and Children’s Products. |
|
|
IS 15644: 2006 |
Safety of Electric Toys. |
The field formations and Directorates may take necessary steps to prevent violation of the Toys QCO and ensure that officers handling the assessment of these goods have a clear understanding of the requirements under these Orders and how the satisfaction of those requirements is to be verified.
To facilitate the verification to prevent violation of the Toys QCO, the BIS has made available the list of BIS licensees of domestic manufacturers and foreign suppliers of toys as per their Website and Mobile App. The flowchart to access these details is given at Annexure-1 to this Instruction.
Further, it is important to note that Toys QCO defines “toys” as “Product or material designed or clearly intended, whether or not exclusively, for use in play by children under 14 years of age or any other product as notified by the Central Government from time to time”. Thus, not only do the toys as per Toys QCO have a wider definition than what is generally perceived in the HSN, but also the toys definition applies to toy parts including in a completely knocked down (CKD) or semi-knocked down (SKD) condition, if the said parts retain the essential character of toy defined above. Moreover, if any such toy parts are regulated through any other Quality Control Order/Technical Regulations, then the provisions of respective Quality Control Order/Technical Regulations shall apply.
It may be noted that even when toy parts are imported for manufacturing toys under IGCRS, 2022 in terms of exemption Notification No. 50/2017-Customs dated June 30, 2017, there is a requirement to ensure, that the manufacturer possesses valid BIS certificate for such manufacturing, by verifying on BIS portal / App as specified in said Annexure-I.
Moreover, to facilitate risk management, verification and avoid queries during clearance, the importers must be sensitized to enter the manufacturer details and their BIS license at the appropriate place at the item level in the Bill of Entry. DG Systems shall shortly also issue a suitable advisory in this regard.
The Instruction can be accessed at: https://taxinformation.cbic.gov.in/view-pdf/1000462/ENG/Instructions