2009 (9) TMI 873 - AT - Customs

Tribunal orders Rs. 50,00,000 predeposit for importers pending appeal, stresses precise product classification

The tribunal directed the importers to make a predeposit of Rs. 50,00,000 within eight weeks, with a waiver of the remaining amount, pending appeal. ... - Issues: Classification of various products for differential duty paymentClassification Dispute:The judgment revolves around the classification dispute of various products leading to a differential duty of Rs. 1,53,02,678. The importers accepted the Revenue's classification for some products but disputed the classification of the remaining items. The classification of goods at Serial Numbers 2 and 15 was taken as an example to analyze the dispute further.Analysis of Classification Dispute:For the product at Serial Number 2, the importers claimed classification under CTH 020200, related to tea. However, the tribunal found that the claimed heading did not cover nutritional drinks made from herbal infusions or teas offering health benefits. The alternate classification under CTH 2202 was also not accepted as it pertained to waters and beverages, not nutritional health drinks. The importers' claim under CTH 30.04 for medicaments was also dismissed as the product literature disclaimed any medicinal intent. Thus, the tribunal classified the product under CTH 21.06 and CET 21.08 as edible food preparation.Prima Facie Case:Regarding the product at Serial Number 15, the importers' claim for classification as medicaments under Heading 30.04 was rejected due to the disclaimer in the product literature. The tribunal emphasized that the final classification should be determined during the appeal's final hearing, as the current stage did not warrant interference with the adjudicating authority's classification. The classification of the remaining disputed products was deemed debatable, and it was not prima facie evident that they fell under the importers' claimed headings.Decision and Predeposit:Considering the discussions, the tribunal directed a predeposit of Rs. 50,00,000 within eight weeks, with a waiver of the balance amounts upon this initial deposit. Recovery of the waived amount was stayed during the appeal's pendency, subject to compliance by a specified date. Failure to adhere to the directive would result in the vacation of stay and dismissal of the appeal without prior notice.Conclusion:The judgment underscores the importance of accurate classification of products for duty payment, highlighting the need for a detailed analysis of product characteristics and intended use. It emphasizes the significance of supporting documentation and disclaimers in determining the appropriate classification under the relevant tariff headings.