MANU/CUST/0065/2021

Ministry : Ministry of Finance

Department/Board : Central Board of Indirect Taxes and Customs

Instruction No. : 17/2021-Customs

Date : 11.08.2021

All Principal Chief Commissioner/Chief Commissioner of Customs/Customs (Preventive).
All Principal Chief Commissioner/Chief Commissioner of Central Excise & Customs.
All Principal Chief Commissioner of Customs/Customs (Preventive).
All Principal Commissioner/Commissioner of Central Tax & Customs.
All Principal Director Generals/Director Generals of CBIC

Strict implementation of the import policy i.r.t. transmission apparatus incorporating reception apparatus (ITC HS Code-8525 60 00), by the Customs Authorities

Madam/Sir,

Reference is invited to F. No. P-11014/04/2013-PP(Vol-1) dated 12th July, 2021 issued by DWA (Regulation), Wireless Coordination and Planning Wing, Department of Telecommunications, New Delhi on the above-mentioned subject (copy enclosed).

2. It has been brought to notice in the above communication that unauthorized mobile signal repeaters/boosters are easily available in the grey market and on e-commerce platforms. Unauthorized operation of mobile signal repeater/booster has been a serious cause of concern for the licensed Cellular Telecom Service Providers (TSP) to maintain the desired quality of service (QoS) in light of the interference caused by such repeaters. Certain models of walkie-talkie sets are also available for sale on the e-commerce platforms without any compliance to the regulatory requirement of the Department.

3. As per the existing Import Policy provisions of DGFT viz. ITC HS Code of 2017 & its amendments, the mobile signal repeater/booster and walkie-talkie sets fall under the category of Transmission apparatus incorporating reception apparatus (ITC HS Code-8525 60 00), classified under 'free' category under the Import Policy with the remarks under 'policy conditions ' that 'Not permitted to be imported except against a license to be issued by the WPC wing of Ministry of Communication and Information Technology'.

4. In this regard, it is requested that necessary action may be taken to ensure that the provisions mentioned in para 3 above maybe strictly adhered to, in order to restrict the inflow of such unauthorized wireless equipment including mobile signal booster/repeater into the country.

5. The difficulties, if any, faced in the implementation of this Instruction may be brought to the notice of the Board.

6. Hindi version follows.

[F. No. 401/49/2021-Cus-III]
Yours faithfully,
(Kevin Boban)
Under Secretary to the Government of India

Government of India

Ministry of Communications

Department of Telecommunications

Wireless Coordination and Planning Wing

Sanchar Bhawan, 20, Ashoka Road, New Delhi-110001

File No. P-11014/04/2013-PP(Vol-I)

Date: 12/07/2021

Chief Commissioner of Customs (CCPU, DZ) (Preventive)
New Custom House, Near I.G.I. Airport & Cargo Complex
New Delhi-110037

Strict implementation of the Import Policy i.r.t. Transmission apparatus incorporating reception apparatus (ITC HS Code-8525 60 00), by the Customs Authorities

Sir

It has been brought to the notice of this department by the licensed cellular mobile service providers and their industry association viz. Cellular Operators Association of India (COAI) that unauthorized mobile signal repeaters/boosters are easily available in grey market & on e-commerce platforms. It is to be mentioned that unauthorized operation of mobile signal repeater/booster has been a serious cause of concern for the licensed Cellular Telecom Service Providers (TSP) to maintain the desired quality of service (QoS) in light of the interference caused by such repeaters.

2. In this regard, the Department of Telecom (DoT) through its field organization Wireless Monitoring Organization (WMO), have undertaken a no. of inspection drives in the recent past & took lawful action as appropriate.

2.1 Further, Notice has also been served to various e-commerce platforms to refrain themselves from selling/facilitating the selling of unauthorized wireless equipments including signal repeaters/boosters. Few of such e-commerce platforms have complied with the instructions however, such unauthorized wireless equipments including mobile signal repeaters/boosters are still available for sale on some of the e-commerce platforms and in grey market.

3. Similarly, it has also been noticed that certain models of walkie-talkie sets are available for sale on the e-commerce platforms without any compliance to the regulatory requirement of the department i.r.t. such wireless equipment. Similar case has also been reported to this department by the Intelligence Bureau, Ministry of Home Affairs (MHA).

4. You are well aware that as per existing Import Policy provision of DGFT viz. ITC HS Code of 2017 & its amendments, the mobile signal repeater/booster and walkie-talkie sets fall under the category of Transmission apparatus incorporating reception apparatus (ITC HS Code-8525 60 00), classified under 'free' category under the Import Policy with the remarks under 'policy conditions' that Not permitted to be imported except against a license to be issued by the WPC wing of Ministry of Communication and Information Technology,

5. Whilst, the department is continuing to take appropriate action in this regard in cases of violation, but to restrict the inflow of such unauthorized wireless equipment including mobile signal booster/repeater in the country, it is requested to strictly enforce the provisions enshrined in the Import Policy of DGFT in this regard, as mentioned in Para 4 above.

(Ashim Dutta)
DWA (Regulation)