2018 (7) TMI 75 - AAR - GST

Court classifies 'Cryo Container' as vacuum flask under Harmonized System 9617

The ruling determined that the 'Cryo Container' manufactured by M/s. Inox India Pvt. Ltd. should be classified under Heading 9617 of the Harmonized System ... Classification of manufactured goods - Cryo Container, also known as Liquid Nitrogen Containers - Whether supply of Cryo Container (Liquid Notrogen Containers) is classifiable under HSN 7613 0019 or HSN 9617 0012 in the GST regime? - Held that:- The subject product primarily serves dairy organizations, animal husbandries, cattle breeding farms, infertility clinics for semen preservation for artificial insemination / livestock breeding and serves pharmaceutical companies for storage of biological samples for medical research / vaccine preservation. Thus, these ‘cryo containers’ are meant primarily for preservation or storage of semen, biological samples etc. Though the ‘cryo containers’ can be utilized for small quantity transportation of Liquid Nitrogen, as mentioned in the brochure of the product, it cannot be said to be primarily used for transport or storage of compressed or liquefied gases. Chapter Heading 7613 covers ‘Aluminium containers for compressed or liquefied gas’ - the ‘cryo containers’ are vacuum vessels wherein vacuum and super insulation between inner vessel and outer vessel provides long term preservation or storage of semen, biological samples etc. - the ‘cryo containers’ are not primarily used for compressed or liquefied gases, the same would not be covered by Chapter Heading 7613. The Government of India, Ministry of Finance (Department of Revenue), New Delhi vide F.No. 154/6/88-CX.4 dated 29.12.1988 clarified that high vaccum cryogenic containers are appropriately classifiable under heading 96.17 of Central Excise Tariff. Ruling:- The product ‘Cryo Container’ being supplied by the applicant is classifiable under Heading 9617. Issues Involved:1. Classification of the product 'Cryo Container' under the appropriate Harmonized System of Nomenclature (HSN) code.Detailed Analysis:Issue 1: Classification of 'Cryo Container'The applicant, M/s. Inox India Pvt. Ltd., manufactures and supplies Cryo Containers, also known as Liquid Nitrogen Containers. These containers have double walls made of aluminum with vacuum and super insulation between them, maintaining a temperature around minus 196 degrees Celsius, used for transporting liquefied nitrogen and storing semen for artificial insemination of animals.The applicant questioned whether the Cryo Container should be classified under HSN 7613 00 19 (Aluminum container for compressed or liquefied gas) or HSN 9617 00 12 (Vacuum Flask and other vacuum Vessels, Complete with cases parts thereof other than glass inner) in the GST regime.The applicant argued that given the aluminum construction and usage, the product fits better under HSN 7613 00 19. However, the Central Goods & Services Tax and Customs Commissionerate, Vadodara-II, suggested that the product resembles goods classified under HSN 9617, as it is a vacuum flask made of aluminum.Legal Interpretations and Precedents:The ruling referenced Notification No. 1/2017-Central Tax (Rate) dated 28.06.2017, which defines tariff items, sub-headings, headings, and chapters as specified in the First Schedule to the Customs Tariff Act, 1975. The Hon’ble Supreme Court in L.M.L. Ltd. Vs. Commissioner of Customs emphasized using the Harmonized System of Nomenclature (HSN) as a guide for resolving tariff classification disputes.Chapter Headings Analysis:Chapter Heading 7613: Covers 'Aluminum containers for compressed or liquefied gas.' The Cryo Containers are not primarily used for compressed or liquefied gases but for preserving or storing semen and biological samples, thus not fitting under this heading.Chapter Heading 9617: Covers 'Vacuum flasks and other vacuum vessels, complete with cases; parts thereof other than glass inners.' The technical specifications of Cryo Containers show they have double walls of aluminum with vacuum and super insulation, capable of maintaining temperatures as low as minus 196 degrees Celsius, making them vacuum vessels.The Explanatory Notes to HSN for Chapter Heading 9617 include vacuum flasks and similar vacuum vessels designed to keep liquids, food, or other products at constant temperatures. The Cryo Containers, being vacuum vessels with aluminum walls and super insulation, fall under this category.The applicant's argument that heading 9617 pertains more to domestic articles was dismissed as the heading does not restrict its coverage to domestic articles.Historical Classification:The product was classified under Tariff Entry 9617 00 12 in the Central Excise regime. Despite the repeal of the Central Excise Tariff Act, 1985, the headings 7613 and 9617 remain identical under the Customs Tariff Act, 1975. The Government of India had previously clarified that high vacuum cryogenic containers are classifiable under heading 96.17 of the Central Excise Tariff.Conclusion:The ruling concluded that the Cryo Container is appropriately classifiable under Heading 9617. The product 'Cryo Container' supplied by M/s. Inox India Pvt. Ltd. is classifiable under Heading 9617.