DGFT has issued a notification in which it has prohibited the import of toys from China appearing in Chapter 9501, 9502 and 9503 of custom Tariff for the period of six months, in public interest without citing any reasons. It has been learned with the sources that this prohibition is due to the presence of heavy toxic materials in toys . This is a welcome move by the government at least to the extent that government is much interested in regulating standard safety norms.
However, it appears that the notification is issued in hurry and lot of thoughts has not been put before issuing it. The notification has only two Para, first Para says the imports of toy is prohibited from China, nowhere it is mentioned that toys of Chinese origin if imported from other countries is prohibited. Notification only prohibits import from china. If any importer route the Chinese toys from Hong Kong or Dubai in India the import is 100 percent legal when the notification is interpreted. Para 2 says that notification is issued in public interest.
If assumed that prohibition is done for stopping poisonous toy importation from China then why the importation from other countries and manufacturer of toys in India has not put in scanner? These toys may also contain poisonous substance. Therefore partially notification is not favor of public interest. The citation of reason should have included in notification as Indian law will require it, WTO will also need to know the same.
As per the WTO provisions any contracting party can enforce ban on importation to protect human health (GATT article xx b) �Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade.
Notification has banned importation only from china and others countries are exempted, therefore exemption under GATT article xx may be subject of debate. Another provision of GATT under Technical Barrier to trade (TBT) importation cannot be banned as India has not existing mandatory safety standards for toys. SPS (Sanitary or phyto-sanitary measures) other GATT provision to ban on imports of toys are also not applicable in this case.
Since import of toys from China may be approximately 95 percent or more of total importation of toys in India . Prohibiting toy importation from China will affect millions of families of India who are engaged in toy industry. Even a span of six month ban may adversely affect them. The government should act keeping in view the livelihood of millions of families and regulation of safety standard of toys in public interest.
The need is to allow conditional imports of toys not only from China and but also from other countries. India has already standard safety norm for toys which are not mandatory but voluntary. Government should make standard norms as Mandatory during importation from any country. The same toys may also be tested in India for its safety requirement.
The government is committed to regulate safety for kids. Importers will be compelled to import safe toys.
However, JAGO GRAHAK JAGO a promotion from ministry of consumer affairs is done for consumer protection and awareness. The consumers are really not adhering to this message. The time has come that consumer should act. There is a mandatory requirement of importer/manufacturer as per pre package commodity Act to stick label or print the name and address of importer / manufacturer along with the contents details and MRP on the product. Consumer should buy only such toys where these descriptions are given. The name and address of the importer/manufacturer printed/pasted on product guarantees for the quality.
Source : www.planetpowai.com