1990 (5) TMI 109 - AT - Customs

Tribunal upholds decision on import license requirement for audio magnetic tapes

The Tribunal upheld the Collector's decision that the importation of goods, classified as audio magnetic tapes, required an import license under specific ... Confiscation Issues:1. Classification of imported goods under the Import Policy2. Requirement of import license for clearance of goods3. Interpretation of relevant tariff headings and notifications4. Determination of whether imported goods are audio magnetic tapesAnalysis:1. The appellants imported polyester film coated with Ferric Oxide and sought clearance under OGL Appendix 6, List 8, part I, Item 565(48) of the Import Policy for AM 85-88. However, Customs Authorities classified the goods as Audio Magnetic Tapes in Jumbo Roll under specific serial numbers in Appendices 2 and 3, which required an import license. The Collector adjudicated the case, holding the import unauthorized and imposing a fine and penalty. The appellants challenged this decision before the Tribunal.2. The appellants argued that the imported film was for manufacturing audio magnetic tapes, supported by certificates and documents. They contended that the goods should be classified under Chapter 39 of the Customs Tariff, exempting them from certain duties. They also cited relevant notifications to support their claim. The Revenue reiterated the Collector's reasons and definitions from engineering terms to support their classification.3. The Tribunal analyzed the classification and noted that the imported polyester film, after coating with Ferric Oxide, no longer remained ordinary polyester film but acquired magnetic characteristics, falling outside the permissible category under the Import Policy. The Tribunal referred to Chapter Notes and Explanatory Notes to explain the scope of the headings and concluded that the goods required an import license under the specific serial numbers.4. The Tribunal further deliberated on whether the imported goods were audio magnetic tapes, requiring a license under specific serial numbers in Appendices 2 and 3. It was observed that the imported films, after processing, acquired the characteristics of audio magnetic tapes without further manufacturing processes. The Tribunal disagreed with the appellants' argument based on Explanatory Notes and upheld the Collector's decision that the goods were indeed audio magnetic tapes in jumbo rolls, necessitating an import license.5. In conclusion, the Tribunal upheld the Collector's decision that the importation of the goods was unauthorized due to the absence of an import license. The appeal was dismissed, affirming the impugned order.