Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the imported "Mix Transfer Bar Blank" was classifiable under Heading 8479.90 read with 9806.00 and eligible for the benefit of Notification No. 69/87-Cus., or whether it was correctly classified under Heading 7505.12.
Analysis: The claimed classification depended on whether the goods, though imported as blanks, could be treated as parts of the machine with only minor post-importation processes. The appellants did not furnish sufficient details of the processes to be undertaken after import, nor did they produce catalogue material or authentic literature showing that the goods would become machine parts after only minor work. In the absence of such evidence, the goods could not be accepted as parts in their imported condition, and the description corresponding to nickel bars, rods and profiles under Heading 7505 was preferred.
Conclusion: The claim for classification under Heading 8479.90 read with 9806.00 and for the notification benefit was rejected; the classification under Heading 7505.12 was upheld, against the assessee.
Ratio Decidendi: Where imported blanks cannot be shown by reliable evidence to become machine parts after only minor processes, they are classifiable according to their actual imported description rather than as parts entitled to a preferential heading or exemption.