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        Case ID :

        2018 (1) TMI 1023 - AT - Customs

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        Section XVI classification turns on essential nature, not end use, for resistor blower goods under Chapter 85. Classification of an imported resistor blower depended on Section XVI Note 2(a) and Note 2(b) read with the Harmonized System. Goods that are themselves ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                          Section XVI classification turns on essential nature, not end use, for resistor blower goods under Chapter 85.

                          Classification of an imported resistor blower depended on Section XVI Note 2(a) and Note 2(b) read with the Harmonized System. Goods that are themselves covered by a heading in Chapter 84 or 85 must be classified in that heading under Note 2(a); Note 2(b) applies only if the item is not classifiable under Note 2(a). The technical material did not displace the finding that the goods were resistors, and their use in automobiles did not control classification where their essential nature brought them within heading 8533. The item was therefore classified under Chapter 85 and the Revenue's appeal failed.




                          Issues: Whether the imported resistor blower was classifiable under Chapter 84 as a part of an automotive air-conditioning machine, or under Chapter 85 as a resistor falling in heading 8533.

                          Analysis: The classification turned on the proper application of Note 2(a) and Note 2(b) of Section XVI, together with the Harmonized System of Nomenclature. Note 2(a) requires parts which are goods included in any heading of Chapter 84 or 85 to be classified in their respective headings. Note 2(b) applies only to other parts, and can be invoked only after it is found that the item is not classifiable under Note 2(a). The record and the technical material relied upon by the Revenue did not displace the finding that the goods were resistors. The fact that the goods were used in automobiles did not control their classification when their essential nature brought them within heading 8533.

                          Conclusion: The resistor blower was correctly classified under Chapter 85, and the Revenue's appeal failed.

                          Ratio Decidendi: For classification under Section XVI, goods which are themselves covered by a heading of Chapter 84 or 85 must be classified in that heading under Note 2(a), and resort to Note 2(b) is permissible only after excluding Note 2(a); end use does not override this rule where the item is classifiable by its own nature.


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