Classification of spinal surgical tools under Heading 9018 preserves pre-amendment customs and continuing IGST concessions.
Classification of surgical tools used in spinal procedures turns on their functional use and Chapter Note 6 to Chapter 90. Tools used by surgeons during operations, and not worn, carried or implanted in patients, fall under CTH 9018 as medical or surgical instruments rather than CTH 9021 as orthopaedic appliances. For 16 July 2018 to 12 December 2019, spinal surgical instruments qualified for the basic customs duty exemption under the then-applicable entry covering instruments and implants for severely physically handicapped patients. The corresponding unamended IGST entry continued to extend concessional IGST treatment to those instruments.
Issues: (i) Whether the imported surgical tools were classifiable under CTH 9021 as orthopaedic appliances or under CTH 9018 as orthopaedic instruments; (ii) Whether the benefit of basic customs duty exemption under Item E(9) of List 30 was available for the period from 16.07.2018 to 12.12.2019; and (iii) Whether the concessional IGST benefit under Item E(9) of List 3 was available for the relevant period.
Issue (i): Whether the imported surgical tools were classifiable under CTH 9021 as orthopaedic appliances or under CTH 9018 as orthopaedic instruments.
Analysis: Chapter Note 6 to Chapter 90 confines orthopaedic appliances under Heading 9021 to appliances for preventing or correcting bodily deformities or for supporting or holding body parts following illness, operation or injury. The relevant goods were surgical tools used by surgeons and health-care professionals during operative procedures and were neither worn, carried or implanted in a patient. Heading 9018 specifically covers instruments and appliances used in medical and surgical sciences. The previous self-assessment of the same goods under Heading 9018 and the verified functional use of each imported item supported classification as surgical instruments.
Conclusion: The goods are classifiable under CTH 9018 and not under CTH 9021; the issue is against the assessee.
Issue (ii): Whether the benefit of basic customs duty exemption under Item E(9) of List 30 was available for the period from 16.07.2018 to 12.12.2019.
Analysis: For the stated period, Item E(9) of List 30 covered instruments and implants for severely physically handicapped patients, including spinal instruments. The imported goods were surgical tools specifically designed for spinal surgeries and therefore fell within the then applicable entry. The later amendment removing the word "instruments" did not govern the disputed pre-amendment period.
Conclusion: The basic customs duty exemption was available for the period from 16.07.2018 to 12.12.2019; the issue is against the Revenue.
Issue (iii): Whether the concessional IGST benefit under Item E(9) of List 3 was available for the relevant period.
Analysis: Item E(9) of List 3 under the IGST notification was identical to the corresponding pre-amendment customs exemption entry. Since the goods qualified under the customs entry for the earlier period, the identical IGST entry also applied. Unlike the customs notification, Item E(9) of List 3 was not amended to remove instruments, and its benefit consequently continued during the relevant period.
Conclusion: The concessional IGST benefit under Item E(9) of List 3 remained available; the issue is against the Revenue.
Final Conclusion: Surgical tools used in spinal procedures remain subject to classification as medical or surgical instruments, while the applicable pre-amendment customs exemption and the unamended corresponding IGST entry preserve the stated concessional benefits.