The Directorate General of Foreign Trade (DGFT), Ministry of Commerce & Industry, Government of India, has issued Notification No. 49/2026-27 dated November 10, 2026, amending the export policy for waste and scrap of primary cells, primary batteries and electric accumulators, including Lithium-Ion Battery Black Mass, falling under ITC (HS) Code 85491400, from ‘Free’ to ‘Prohibited’ with immediate effect.
The amendment has been notified in exercise of the powers conferred under Section 3 read with Section 5 of the Foreign Trade (Development and Regulation) Act, 1992, as amended, read with Paragraphs 1.02 and 2.01 of the Foreign Trade Policy (FTP), 2023.
Key Amendment in Export Policy
Under the revised policy, the export of waste and scrap of primary cells, primary batteries and electric accumulators; spent primary cells, spent primary batteries and spent electric accumulators, which are unsorted and do not contain lead, cadmium or mercury, including Lithium-Ion Battery Black Mass, has been prohibited.
The revised export policy under Chapter 85 of ITC (HS), Schedule II, is summarised below:
| Particulars | Details |
| ITC (HS) Code | 85491400 |
| Product | Waste and scrap of primary cells, primary batteries and electric accumulators; spent primary cells, spent primary batteries and spent electric accumulators – unsorted and not containing lead, cadmium or mercury |
| Existing Export Policy | Free |
| Revised Export Policy | Prohibited |
| Effective Date | November 10, 2026 (immediate effect) |
Applicability of Transitional Arrangements
The DGFT has clarified that the provisions of Paragraph 1.05 of the Foreign Trade Policy, 2023, relating to transitional arrangements, shall apply to this notification.
Accordingly, the applicability of transitional provisions to existing export commitments and transactions will be governed by the conditions prescribed under Paragraph 1.05 of FTP 2023.
Impact on Exporters and Battery Recycling Industry
The amendment represents a significant change in India’s export policy for the specified battery waste and scrap, including Lithium-Ion Battery Black Mass, which was earlier freely exportable.
With the revised classification, exports of goods covered under ITC (HS) Code 85491400 are now prohibited, subject to applicable transitional arrangements.
The decision is expected to have implications for exporters, battery recyclers, waste-processing units and businesses engaged in the trade of lithium-ion battery recycling materials.
Exporters and other stakeholders are advised to review their existing export contracts, pending shipments and compliance obligations in light of the revised policy.
Immediate Implementation
The notification expressly provides that the revised export policy comes into force with immediate effect, thereby changing the export status of the specified goods from ‘Free’ to ‘Prohibited’ from November 10, 2026, until further orders.
Key Takeaway: The Government has prohibited the export of specified Lithium-Ion Battery Black Mass and other covered battery waste and scrap under ITC (HS) Code 85491400 with immediate effect, while retaining the applicability of transitional arrangements under Paragraph 1.05 of FTP 2023.
The Notification can be accessed at: https://a2ztaxcorp.net/wp-content/uploads/2026/11/Notification-No.-49-of-2026-2027.pdf
