INDIA — TESTING AND CERTIFICATION OF TELEGRAPH (THE INDIAN TELEGRAPH (AMENDMENT) RULES, 2017)

STATEMENT BY THE UNITED STATES TO THE COMMITTEE ON TECHNICAL BARRIERS TO TRADE
14 AND 15 NOVEMBER 2018

The following communication, dated 21 December 2018, is being circulated at the request of the delegation of the United States.

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1.  The United States is concerned with the provisions contained in The Indian Telegraph (Amendment) Rules. Particularly, the proposed certification procedures will produce overlapping and conflicting testing requirements that are expected and are likely to result in unnecessarily burdensome costs for foreign companies selling telecommunications equipment in the Indian market.

2.  The mandatory testing requirements for telecommunications equipment under the TEC Procedure for Certification of Telecommunication Equipment is a redundant burden for international OEMs (Original Equipment Manufacturers) doing business in the Indian market.

3.  The United States recognizes India's concerns about security. However, we strongly urge the Ministry of Communications Department of Telecommunications to reconsider implementing the TEC mandatory domestic testing requirements, and to continue following standard international best practices.

4.  These best practices include accepting test results from internationally accredited labs and suppliers' declarations of conformity (SDoC) — standards that are utilized by many WTO Members with leading-edge ICT industries.

5.  With these concerns in mind, we urge India to address the following questions:

a.  Given that the October 2018 enforcement date has passed, we understand that the testing requirements will actually be implanted in phases. Is this accurate? If so, what is the anticipated date(s) of enforcement for the various testing requirements?

b.  We understand that test lab results for ILAC accredited labs will be accepted until 31 March 2019. If this is accurate, what makes the ILAC accredited lab test results unacceptable after 31 March 2019? What is the justification for not continuing to accept such test results after 31 March 2019?

c.  At the June 2018 TBT Committee meeting, India indicated it was reviewing the overlap between the CRO and the Indian Telegraph (Amendment) Rules to re-assure there would not be duplicate testing requirements. Could you please provide an update on this review?

6.  In closing, we see no justifiable reasons for implementing in-country testing requirements for telecommunications equipment. We urge India to work with Industry to understand the testing and certification procedures of manufacturers that comply with existing international standards. India should accept suppliers' declaration of conformity (SDoC) and test results from certain bodies accredited through a recognized international system.

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