Type approval for CKD E-rickshaw imports left for fresh determination in open remand

Import of E-rickshaws in CKD condition without batteries required fresh examination to determine whether the goods were to be treated as new vehicles under Chapter Note 2 of Chapter 87 of the Import Export Policy 2014, which would trigger the type approval certificate requirement under Rule 126. Because the matter had already been remanded, the remand was converted into an open remand so the original adjudicating authority could decide the applicability of Rule 126 independently and without being bound by earlier directions. The question of compliance was therefore left for fresh determination at the adjudication stage.

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Issues: Whether the import of E-rickshaws in CKD condition without battery could be treated as import of a new vehicle so as to attract Rule 126, and whether the matter should be remanded for fresh consideration on that basis.

Analysis: The imported goods were stated to be in CKD condition and required assembly in India. On that basis, the applicability of the requirement of a type approval certificate under Rule 126 depended upon whether such goods could be treated as new vehicles within the meaning of Chapter Note 2 of Chapter 87 of the Import Export Policy, 2014. Since the appellate authority had already remanded the matter, the remand was converted into an open remand so that the original adjudicating authority could examine the question independently and without being bound by the earlier directions.

Conclusion: The applicability of Rule 126 to the imported E-rickshaws was left for fresh determination by the original adjudicating authority, and the matter was remanded as an open remand.

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