No ETA (Equipment Test Approval) for Electronic Equipment upto 1000 Pcs

[Public Notice No. 10/2019 dated 01.04.2019]

Subject:- Exemption of Equipment Type Approval (ETA) & Import for certain categories of Wireless Equipment operating in license exempt bands for testing/Prototype sample units by self-declaration.

Kind attention of all Importers, Customs Brokers, Members of Trade, Industry Association and other stake holders are invited towards M No. ETA-WPC/Policy 2018-19 dated 26/02/2019 of Department of Telecommunications, Ministry of Communications.

2. In order to implement the above said OM of Department of Telecommunications, it is hereby informed to all the above said stake holders that ETA requirement is hereby exempted for test/prototype/sample/pre-launch devices in the categories of mobiles, laptops, electronic notepads, smart watches, Short Range Devices (including accessories), microphones, speakers, headphones, earphones, printers, scanners, cameras etc. and Test & Measurement equipment operating in license exempt bands as permitted in India. A self declaration from importer/authorized Indian representative may be treated as sufficient evidence to process such clearances by the Customs and Central Excise Authorities permitting number of units to the tune of 1000(one thousand) per modal (self declaration format is enclosed). The list of wireless equipments exempted from licensing as provided in National Frequency Allocation Plan -2018 is attached as Annexure-I for information.

3. Department of Telecommunication vide its letter No. R-11018/05/2019-PP dated 29/03/2019 has issued following clarifications which are as follows:-

 

S.No.

Issues

Clarification

1

Applicability/scope of OM No. ETA­WPC/Policy/2018-19 dated 26.02.2019 on 'ETA through self-declaration'

1. 'ETA through self-declaration' is applicable to the products which comply two conditions, i.e.,

(i)   exempted from import licensing requirement as per EXIM policy of DGFT and

(ii) working in de-licensed frequency band(s) as per applicable Gazette Notifications.

2. Such category of product(s) may be imported by submitting Self declaration/ undertaking to the Customs as per above referred OM and informing WPC through e-mail mentioned in it.

2.

The process to get ETA for the products does not fall under Category mentioned at S.No. (1) above.

Apply online for ETA through routine procedure to concerned RLOs and obtain ETA for it. Issuance of ETA shall continue for the products not covered under Category mentioned at S.No.(1) above.

3.

Requirement of payment.

For each product falling under 'ETA through self-declarations, fee of Rs. 10,000/- need to be paid only once while applying initially. During subsequent imports by the same applicant for the same product/module, the same payment receipt/emails may be referred for. Further for clarity, while making payment for a particular Model/module, the same may be mentioned under remarks column.

4.

Whether the custom clearance be done on the basis the model-based test reports only or the test reports of the wireless modules integrated in the finished product(which are common in mobiles, Lap Tops and TV etc.) are also applicable.

(i)   The test report issued by Accredited Laboratory for finished product or

(ii)  the test report(s) of RF module(s) fitted in a particular model along with undertaking of the manufacturer, as the case may be, will serve the purpose of test report.

5.

Whether new way of filing ETA based on self- declaration is applicable only to the products that are exempted from import licensing requirement by EXIM Policy of DGFT or will it be applicable to all the products operating in licence exempt bands.

The ETA based on self-declaration is applicable only to the products that are exempted from import licensing requirement by EXIM policy of DGFT not to all the products operating in license exempt b and(s) as explained at S.No. (1) above.

6.

Whether import of wireless modules (not finished products) is permitted under self- declaration approach.

Yes, if it is exempted from licensing requirements in EXIM Policy of DGFT.

7.

To which CCA/PAO account fee of 'ETA through self-declaration' be made.

Fee of Rs.10,000/- under 'ETA through self-declaration' may be made to PAO, New Delhi.

8

Requirement of ETA produced in India.

(i)   For each product(s) manufactured in India, ETA shall be required.

(ii) In the cases where RF module)s( is separate, ETA shall be applicable only to RF module(s).

(ii)  The products falling under "Free" category as per EXIM policy (viz Speaker, TV, Mobile phone etc.) if manufactured in India, ETA may be obtained through self declaration as per the category mentioned at S.No. (1) above.

(iii) For rest of the products e.g. RPAs/Drone, Point to Point/Multi Point Radio etc., not falling under above "Free” category as per EXIM policy, ETA may be obtained through routine procedure as per the Category mentioned at S.No. (2) above.

9.

Whether one ETA shall applicable to 'Series Model additions'.

While importing, ETA is required for each product/model.

10.

Request for Online application training for ETA procedure.

The Department may consider it.

11.

Model-wise Certification & Traceability.

Efforts are being made to develop a portal for all products for which ETA has been issued.

4. Further kind attention is drawn to the clarification issued by Department of Telecommunication vide letter No. R-1 1018/01/2017-PP dated 04/07/2018 with respect to ETA issued under the purview of Gazette Notification No. G.S.R 564(E) dated 30th July 2008 which read as follows:-

"that low power wireless equipments/devises operating 865-867 MHz band with maximum transmitter power of I Watt Effective Radiated Power (ERP) of 4 Watts and carrier band width of 200 KHz only may be considered for Equipment Type Approval (ETA) as stipulated by Gazette Notification No. G.S.R 564(E) dated 3010712008. It is also informed that ETA issued in contrary to above, stands null & void No Import license shall be issued on the basis of those ETAs. Owner of equipment/devises not conforming to above Gazette notification shall obtain Non-Dealer possession License (NDPL) as per extant rules and they will not be allowed to operate the same."

5. This issues with the approval of the Commissioner of Customs, ACC (Import), New Delhi.

C. No. VIII/12/Import/Tech/28/2019/3264