Thanks a ton Crazypilot. I had already been pointed to the first document by Mr. G. Chatterjee of DGFT Kolkata Office. The second document is valuable. Max duty leviable is 35% of the computed value ( assuming that they refuse to accept the invoice value of goods).

 However, I am still looking for any document that clearly sates whether the import of toys or toy parts from China is allowed or is banned.

AFAIK there is no such document available. But u can always use the example of importers. one can see all kinda Chinese toys freely available in market without any certificates. If they refuse to hear u, Use RTI or appeal in court. dont just sit back, fight and u will get ur heli. and remember stick to 95.3.8 only. if they ask u to prove that ur item is a 95.3.8 then u tell them to prove its not. one more thing the link i sent u about chapter 95 is of year 2009. if u can get a copy of new customs book then u will find there is no duty on these items or maybe 5%. i cant find it online. cheers !

HI Crazypilot as you said that the airplane models comes into this category 95.3.8.But I found this on net.

http://www.infodriveindia.com/Hs-Codes/9503-Other-toys-reduced-size-scale-models.aspx

What ever comes into this category they are asking for this.

   i) A certificate that the toys being imported conform to the standards prescribed in ASTM F963 or standards prescribed in ISO 8124 (Parts I-III) or IS 9873 [Parts I-III] or standards prescribed in EN 71;
(ii) A Certificate of Conformance from the manufacturer that representative sample of the toys being imported have been tested by an independent laboratory which is accredited under ILAC, MRA and found to meet the specifications indicated

VC Sir, what is the declaration of this parcel.. was it Toy or Toy Parts? Their is a big difference and that is why people choose toy parts for importing. Our legal system is designed in such a way that there are always loop holes to keep the lawyers making money. I was discussing this with my lawyer friend and he pointed me that since the ban is only on Toys (finished product), Toy Parts (unfinished goods) should be exempted from such ban, just keep this point in consideration as well.

Guys, I have received my 500 size Heli kit from HK without any hustles, I even got the servos, Motor, ESC, Gyro everything....the route was through Kolkatta - per IPS Web Tracking (i guess that's where all the china shipments are received for India).

Now, if this law was in place since 2009 and was actually effective, why would me or Vinay or Nehutech or Annam or anyone get the shipments delivered without any hiccups  People have got Radios delivered to their door steps which are actually restricted items be it from China or elsewhere.

There has to be some catch for sure.... The parcel which has got stuck, firstly was it through EMS or Air-mail ?? Second, what was the invoice amount declared ?? Third, what was the content declaration ??

Lets get answers to all these questions and we can do some analysis on how different it was from the orders that were delivered...

just scroll to this part

950380    Other toys and models, incorporating a motor:

u will find nothing is defined after 4 march 2009 so its free

 :Rs:3000/- paid as "Processing Fees" (without any receipt  ) and the parcel is on its way to Guwahati. Should reach in a day or two. Agony  and Ecstasy 

Kindly share with us what did u do to get it processed? Thx

Paid the money, what else? End of story!

My hardware tool shop just informed me that all chines tools will be unavailable in future as per his supplier and the market will be like earlier, without chines tools. He cannot told the reason but just hint that border perhaps sealed or like that.

Most of these spoken-unspoken-expied law are used by Babus to extract money. Somebody was saying that few LHS in the capital are gearing up to get hobby stuff being imported through 'Banned' as few other LHS are importing them posing as individual user.

Anyway, the  fore said ASTM F963 standard are for commercial importers to import toy for sale, to guard Indian consumer from harmful paint and other stuff. I hope getting 1-2 piece for personal use should not come under such preview.

Chinese tools revolutionized the country. An Indian Powered drill which used to cost minimum Rs 3000, were available for as low as Rs 600, yes of lower quality what an occasion home user needs. Such import curb would surely take us to the Era of Pre-1995 when we might again forced to buy BPL-Texla-EC TV and a mere 21" CTV might cost 1900(what it used to cost in 1990, even barring inflation).

SAD.

While China stuff is cheaper but that is very much debatable... China stuff is not cheaper its "upto the specs". Spektrum and Futaba the two prominent leaders in 2.4Ghz Radio technology have all their radios "Made in China", Exported to US and Imported back to India . Same way the cheap HK 2.4ghz radio is "Made in China" too... their advantage is their manufacturing industry and mass scale production. Most of the production is on mass scale, hence the "cheap" factor comes in picture... with compromise on quality if indicated by the client.

Talking about TV / Cellphones... you cannot really compare it to 95 era as those were different times and again the simple rule of economics (demand / supply ) comes in play. Most of the big dealers of electronics in Lajpat Rai market, Delhi (the biggest electronics market in Asia) get their stuff from China and the orders goes with specs and define the max cost per piece and hardly any mention of quality.

Ujjwana, not for increasing the price, but he cannot give me another tiny Vice (180/-) & Diamond Files set(90/-) just for supply dropped. Some other like me I found just asking for a few days for different small tools after office hours like me and he has to deny us. Earlier his shop was full of tools, but recently chines tools are seen less than indian. But As hs shop is still full of tools, and he is not pushing for other nearest indian item, i have faith on him. However, he today managed to supply me the vice asked earlier.

Hi Everyone,

                 What ever you do.You people will never get Educated.Of course everyone will have their own views.What ever it is incorporated by motor or what ever.the chapter 95 (9503).It is banned in INDIA.You need the certificated to import either for personal use or commercial.And the duty is 26%+Cvd or any charges involved total comes for 35%.


http://www.infodriveindia.com/Hs-Codes/9503-Other-toys-reduced-size-scale-models.aspx

95032000    Reduced-size (“scale”) model assembly kits, whether or not working models, excluding those of sub-he
   23-Jan-2009    Prohibited    
   
07-Apr-2006     Free

I even saw the customs books. I visited one of the customs clearing agent and clarified with him.Hope I think the clouds are clear for everyone.

Regards,
Kalyan.

The laws in India are made in such a way that lawyers find a way to break them "legally". The ban is on "scale" models... if the model has printed "NOT a scale model" it does not fall at least in this particular category.

Similar example from a different field, the law says you cannot have "Tinted Film" on Cars' glasses that cause more than x% of non-visibility. I do not have the exact words from the books of law at the moment, but the law is ONLY on "Tinted Film" and NOT on "tinted glasses".. you CAN have tinted glasses even with 0% visibility and NOT brake the law. This has been confirmed, implemented & won in court by one of my lawyer friend,  he helps me finding loop holes in our system

Hi Findvikas,

                  I agree with you.Ok if it is not named as Scaled model...under what category you will name?Other than that you cannot name in another category.

The Law about the Tinted film is great but that is about the using of the film in tha passaenger cars.This is totally different this is import law.

Other category is simply "non-scale model", I have seen many toys in local toy shops and many models at HobbyTown USA which is one of the biggest hobby shop in US and they mention it as "non-scale model" or "this is NOT a scale model". A scale model as you know is a model which is in proportion of the actual size and with very less or no errors in proportion.

Just ask HK or any hobby shop to print this in special instruction, "NOT A SCALE MODEL", "NON-SCALE MODEL" to be printed in declaration and you are free to import it. All other models which are not in scale are treated as "toys". That does not mean that customs will not cause any trouble.. the best way to import them is in pieces. Motor itself is free to import, body alone is free to import.. so import them separately

Ok If you mention it as a NON-Scale model then it comes as  a toy as per your definition above.Why because it is not a scale model. To import a toy you have to provide the certificate.

My two bits on the entire issue.
First thing if you read the HS code, which goes
"950300 -Tricycles, scooters, pedal cars and similar wheeled toys; dolls' carriages; dolls; other toys; reduced size ("Scale") Models and similar recreational models, working or not;..."
What needs to be noted is that "reduced size scale and similar recreational models are preceeded by ; or commas which indicates these are seperate from the previously mentioned toys, doll's carriages, other toys etc, or in other words these are not toys.
Now if you would care to look at the certification which is necessary to get the toys imported (for e.g. ASTM F963-08 which I have reproduced below some portion
ASTM F963
1. Scope


1.1 This specification relates to possible hazards that may not be recognized readily by the public and that may be encountered in the normal use for which a toy is intended or after reasonably foreseeable abuse. It does not purport to cover every conceivable hazard of a particular toy. This specification does not cover product performance or quality, except as related to safety. Except for the labeling requirements pointing out the functional hazards and age range for which the toy is intended, this specification has no requirements for those aspects of a toy that present an inherent and recognized hazard as part of the function of the toy. Such an example is a sharp point necessary for the function of a needle. The needle is an inherent hazard that is well understood by the purchaser of a toy sewing kit, and this hazard is communicated to the user as part of the normal educational process.

1.2 On the other hand, while a riding toy has inherent hazards associated with its use (for example, falling off onto the sidewalk), the possible hazards associated with its construction (sharp edges, exposed mechanisms, etc.) will be minimized by the application of this specification.

1.3 This specification covers requirements and contains test methods for toys intended for use by children under 14 years of age. Different age limits for various requirements will be found in this specification. These limits reflect the nature of the hazards and expected mental or physical ability, or both, of a child to cope with the hazards.

1.4 Articles not covered by this specification are as follows:
Bicycles
Tricycles
Sling shots and sharp-pointed darts
Playground equipment
Non-powder guns
Kites
Hobby and craft items in which the finished item is not
primarily of play value
Model kits in which the finished item is not primarily of
play value
Crayons, paints, chalks, and other similar art materials in
which the material itself or the finished item is not
primarily of play value, except that all art materials,
whether or not a component of a toy, must comply with
LHAMA, in accordance with 4.29.1-4.29.3.
Toy Chests
Sporting goods, camping goods, athletic equipment, mu-
sical instruments, and furniture; however, toys that are
their counterparts are covered. (It is recognized that
there is often a fine line between, for example, a musical
instrument or a sporting item and its toy counterpart.
The intention of the producer or distributor, as well as
normal use and reasonably foreseeable abuse, deter-
mines whether the item is a toy counterpart.)
Powered models of aircraft, rockets, boats, and land
vehicles; however, toys that are their counterparts are
covered.

1.5 General guidelines for age labeling toys and toy packaging are contained in Annex A1.

1.6 Information regarding packaging and shipping is contained in Annex A2.

You would note that under para 1.4 there are certain exclusion which are not covered under the said standards, similalry for EN and other standards defined models (that is not toys) would be excluded.

Now it would also  be pertinet to read the ban order which states "  

Since I was not able to continue typing on such a long post I have continued as next post

The so called ban orders need to be clarified first
1. The URL here  http://dgft.gov.in/exim/2000/not/not09/not2709.htm
very clearly ammended the ban and only put certain restrictions on import other than which they are freely importable.

Now you see,
there you have a loophole
The models we import are not toys, the standards do not apply to our models, and models are a seperate article under the same classification.
Which mean..... draw your own conclusion

Very well put Flyingboxcar 

Now if they detain my axn at delhi customs..this is what i am going to say  

Regards
Ankur

Do it at your own risk and cost.  
But yes this line would be proved right if you are ready for the long haul (as someone actually did and shared his exp here with all of us)

I thought Santhosh's Customs Order (http://www.rcindia.org/rc-general-topics/customs-order-(everyone-should-keep-)/) already clarified that both both toys and models come under 95.03.80, yet they are considered distinguished from one another.

Yes Anwar it did, but that only clarifies about difference and not about the requirment to get the ASTM/EN certifications as the order dated Jan 27, 2010 clearly puts all under the same bucket as far as certification is considered.
But if you went to a lab to get the models or kits certified per the GoI mandated standards, no standard lab would be able to do that since the standards exclude these items.

Then with numerous posts on the topic indicate that people are not reading things and we get various interpretations of the rule.

This discussion has been going on and on after I initiated it. I don't know whether to take a bow or to apologise for causing you all to waste your valuable time by contributing to this infernally frustrating topic?!

My two penny bits:

1. No matter how many sections, clauses and Acts you are conversant with, if they want to screw you, they will find a loophole.

2. Sure you can take them to court, are you prepared to slug it out and to wait that long?

3. End of the day, it is a matter of probability (I don't want to use the word LUCK), some parcel out of hundreds will get stuck. If it happens to be yours, Happy Birthday to you!

4. Our country is governed by archaic rules and systems. Inefficiency and corruption are accepted components of our daily existence. An acquaintance of mine justified accepting bribes as a 'retirement benefit! He owns a fleet of premium cars on a salary of Rs.20,000/- per month. C'est la vie....such is life.

5. The root cause of my parcel getting blocked were (a) It came through EMS and therefore attracted mandatory customs inspection. (b) It proudly declared on the invoice "Made in China" & "Plastic Toy Parts". If you wish to challenge the whim of the Customs by quoting laws and clauses, please refer to point no. 1 given above.

6. Rs. 3000 was required to send the parcel on its way. Today the status appears as "In Transit"   Thank you very much!

7. Most importantly, common sense should tell us that 17 items (no matter how insignificant) arriving in a huge cardboard box, declared at US $ 28 only with the invoice reading "Helicopter this" and "Helicopter that", is bound to get anyone a tad suspicious.

8. My learnings from this entire episode , for future reference:

a. Try and avoid EMS
b. Keep the consignment small, if need be, reorder
c. Avoid calling up the Customs Authorities or writing to them - Have PATIENCE!
d. Declare a respectable value on the Customs Invoice
e. Fix up a middle man who knows his way around
f. Hope all the above helps, if not, please refer to Point No.1 mentioned above