1987 (7) TMI 245 - AT - Customs

Appeal outcome: Vacuum Degassing Equipment classified as ladle parts, Vacuum Pumps as specific parts.

The Tribunal allowed the appeal regarding the Vacuum Degassing Equipment, classifying it as component parts of a ladle under Heading 84.43. The appeal was ... Machines - Vacuum degassing ladle Issues:Classification of ladle equipment for customs duty levy.Analysis:The dispute in this appeal revolves around the classification of ladle equipment imported by the appellants for customs duty purposes. The appellants imported 10 parts of the ladle equipment in unassembled condition and procured the remaining two parts locally. The appellants argued that the imported equipment collectively acquired the essential character of a vacuum degassing ladle. The Collector (Appeals) had classified the ladle refining equipment under Heading 84.43 but ordered the remaining two items to be classified separately under different headings.Before delving into the discussion, the Tribunal highlighted the three headings involved in the dispute: Heading 84.11 for air pumps, vacuum pumps, and compressors, Heading 84.43 for converters, ladles, and casting machines used in metallurgy, and Heading 84.59 for machines with individual functions not falling under other headings.The Tribunal carefully considered the arguments presented. It was noted that a ladle is essentially a vessel to contain molten metal, and the appellants did not import the vessel itself, only the lid or cover. The Tribunal disagreed with the opinion that the incomplete equipment had acquired the essential character of a vacuum degassing ladle. Rule 2(a) of the Customs Import Tariff's Rules of Interpretation was found inapplicable in this case. The lid alone could not be equated with the whole vessel, leading to the conclusion that the incomplete equipment could not be classified under Heading 84.43.However, the Tribunal also disagreed with the Collector (Appeals) classification of the vacuum degassing equipment under Heading 84.59(2). After reviewing the catalogue and materials provided by the appellants, it was determined that the imported goods were component parts of a ladle. Since no specific heading for ladle component parts was identified, the Tribunal applied Note 2(b) to Section XVI of the Customs Tariff Act, classifying the vacuum degassing equipment as component parts of a ladle under Heading 84.43.Regarding the vacuum pumps, they were considered a component part of the ladle but could not be classified under Heading 84.43 due to a specific heading available for them under Heading 84.11. Note 2(a) in Section XVI of the Customs Tariff Act stipulates that parts should be assessed under their specific heading, prevailing over the heading related to the parent machine. Thus, the classification of vacuum pumps under Heading 84.11 was confirmed.In conclusion, the appeal was allowed concerning the Vacuum Degassing Equipment, with consequential relief, while it was rejected for the Vacuum Pumps.