Consumer goods classification failed for specialised repair material used in industrial repairs, defeating confiscation for lack of import licence.

Imported specialised repair material used for industrial repairs was held not to be consumer goods because it was suitable for machinery and equipment repairs and did not directly satisfy human needs. On that factual basis, the goods did not fall within the consumer goods description under the Export-Import Policy, and the contrary finding in the orders below lacked support. The goods were therefore not liable to confiscation for want of a specific import licence.

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Issues: Whether the imported repair kit was consumer goods liable to confiscation for want of a specific import licence under the relevant Export-Import Policy.

Analysis: The goods were described as a specialised repair material consisting of selected steel and aluminium micro particles used for repairs where welding and soldering are not possible. They were found to be suitable for industrial applications, including repairs to machinery and equipment, and not to directly satisfy human needs. On that basis, the goods did not answer the description of consumer goods, and there was no factual finding supporting the contrary conclusion in the orders below.

Conclusion: The imported goods were not consumer goods and were not liable to confiscation for want of a specific licence.

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