Consumer goods classification barred licence-free import of digital blood pressure instruments under the negative list

Imported digital blood pressure instruments were treated as consumer goods because the import policy excluded only those life-saving or sight-saving drugs, medicines and equipment specifically notified for that purpose. Although the items were medical equipment, they were not included in the notified life-saving equipment list, so they could not escape the consumer goods classification. As consumer goods were in the negative list of imports, their import required a licence. The appeal was decided against the importer.

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Issues: Whether the imported digital blood pressure instruments were consumer goods falling in the negative list of imports and, if so, whether their import required a licence.

Analysis: The import policy materials relied upon by the parties excluded from the category of consumer goods only such life saving or sight saving drugs, medicines and equipment as were specified for that purpose. The imported item was medical equipment, but it did not find place in the notified list of life saving equipment. On that basis, it could not be treated as anything other than consumer goods. Since consumer goods were included in the negative list, import without a licence was not permissible.

Conclusion: The imported goods were consumer goods falling in the negative list and an import licence was necessary. The appeal was decided against the appellant.

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