Tribunal Allows Appeal on Goods Classification: Liquid Crystal Devices Eligible for NIL Duty

M/s. Harman International (I) Pvt. Ltd. Versus Commissioner of Customs, Mumbai (Air Cargo Import)

M/s. Harman International (I) Pvt. Ltd. Versus Commissioner of Customs, Mumbai (Air Cargo Import) - TMI Issues Involved:
1. Classification of imported goods described as 'Liquid Crystal Devices.'
2. Applicability of Notification No. 24/2005-Cus Serial No. 29 for NIL duty.
3. Determination of correct Customs Tariff Heading (CTH) for the imported goods.

Detailed Analysis:

Issue 1: Classification of Imported Goods
The primary issue in this case revolves around the classification of imported goods described as 'Liquid Crystal Devices.' The appellant classified these goods under CTH 90138010, claiming they were 'Liquid Crystal Devices' eligible for NIL duty under Notification No. 24/2005-Cus Serial No. 29. However, the Deputy Commissioner and Commissioner (Appeals) rejected this classification, determining instead that the goods were 'Liquid Crystal Displays' attached with inseparable PCB, making them part of some equipment, and thus classifiable under CTH 85229000.

Issue 2: Applicability of Notification No. 24/2005-Cus Serial No. 29
The appellant claimed NIL duty under Notification No. 24/2005-Cus Serial No. 29, which applies to goods classified under CTH 90138010. The Shed Officer observed discrepancies in the descriptions provided in the invoice and Bill of Entry, leading to a re-examination of the goods. The goods were found to be 'Liquid Crystal Displays' with inseparable PCB, intended for use in manufacturing car audio assemblies. This led to the conclusion that the goods were parts of Car Audio/Video Players, classifiable under CTH 85229000, thereby making the claimed notification inapplicable.

Issue 3: Determination of Correct Customs Tariff Heading (CTH)
The appellant argued that the imported goods should be classified under CTH 90138010, as they are 'Liquid Crystal Devices' used in various electronic products, including car audio assemblies. They cited several legal precedents to support their claim, emphasizing that goods should be classified as imported, not based on their end use. The revenue, however, contended that the goods were specifically designed for use in car audio/infotainment systems, making them parts of 'Sound Recording and Reproducing Apparatus' covered under CTH 8522.

Judgment Analysis:
The Tribunal considered the submissions and distinguished the decision of the Hon’ble Apex Court in the case of Secure Meters, which was relied upon by the appellant. The Deputy Commissioner had observed that the imported goods were not merely Liquid Crystal Devices but were attached to a PCB, making them specific parts of car audio systems. The Commissioner (Appeals) upheld this view, stating that the goods were designed solely for use in car audio/infotainment systems and thus should be classified under CTH 8522.

However, the Tribunal found that there was no evidence on record to show that the imported goods were solely meant for use in car audio/video assemblies. The literature described the goods as 'LCD Module,' a term wide enough to encompass multiple uses. The Tribunal referred to the Hon’ble Supreme Court's decision in Secure Meters, which held that parts and accessories identifiable as suitable for use solely or principally with machines of Chapter 90 should be classified under their respective headings, even if they are also suitable for use with other machines.

The Tribunal concluded that the imported goods were correctly classifiable under CTH 90138010, as they were Liquid Crystal Devices not constituting articles provided for more specifically in other headings. The appeal was allowed, and the impugned order was set aside.

Conclusion:
The Tribunal allowed the appeal, setting aside the impugned order and determining that the imported goods were correctly classifiable under CTH 90138010. The goods were identified as Liquid Crystal Devices, and the claimed notification for NIL duty was applicable. The Tribunal emphasized the importance of classifying goods based on their description and inherent characteristics rather than their end use.