1997 (11) TMI 286 - AT - Customs

Tribunal classifies SF-6 gas equipment under Customs Tariff; Importers' refund claim dismissed

The Tribunal determined that the SF-6 gas filling and evacuation equipment was correctly classified under sub-heading No. 8479.89 of the Customs Tariff. ... Classification Issues Involved:1. Classification of the SF-6 gas filling and evacuation equipment.2. Whether the equipment is classifiable under sub-heading No. 8414.80 or sub-heading No. 8479.89 of the Customs Tariff.3. Validity of the refund claim filed by the importers.Issue-Wise Detailed Analysis:1. Classification of the SF-6 gas filling and evacuation equipment:The primary issue in this appeal is the classification of the SF-6 gas filling and evacuation equipment imported by M/s. Asea Brown Boveri Ltd. (ABB). The equipment was initially classified under sub-heading No. 8422.30 of the Customs Tariff. The importers later claimed that the correct classification should be under sub-heading No. 8414.80, while the Revenue argued for sub-heading No. 8479.89. The equipment was described as a service equipment/truck in the product literature and was intended for maintenance and operational safety of the SF-6 gas insulated switch gear plant.2. Whether the equipment is classifiable under sub-heading No. 8414.80 or sub-heading No. 8479.89 of the Customs Tariff:The importers argued that the equipment should be classified under sub-heading No. 8414.80, which covers 'air or vacuum pumps, air or other gas compressors and fans; ventilating or re-cycling hoods incorporating a fan whether or not fitted with filters.' They contended that the primary function of the equipment was that of a gas compressor. However, the Tribunal noted that the equipment was more than just a compressor. It included a compressor element, a vacuum pump, and a diaphragm compressor, all integrated to perform specific maintenance functions. The Tribunal concluded that the equipment could not be classified as a compressor under sub-heading No. 8414.80 because it performed multiple integrated functions essential for the maintenance of SF-6 gas insulated switch gear plants.3. Validity of the refund claim filed by the importers:The importers filed a refund claim on the grounds that the goods were incorrectly classified and that the correct classification should have been under sub-heading No. 8414.80. The Assistant Collector of Customs, Bombay, rejected the refund claim, and this decision was upheld by the Collector of Customs (Appeals). The Tribunal agreed with the lower authorities, stating that the equipment had been rightly classified under sub-heading No. 8479.89, which covers 'machines and mechanical appliances having individual functions, not specified or included elsewhere in this Chapter.' The Tribunal emphasized that the equipment's functions were integrated and continuous, and it operated independently of any other machines or appliances. Therefore, the refund claim was deemed without merit.Conclusion:The Tribunal concluded that the SF-6 gas filling and evacuation equipment was correctly classified under sub-heading No. 8479.89 of the Customs Tariff. The equipment was not merely a gas compressor but an integrated unit performing multiple essential functions for the maintenance of SF-6 gas insulated switch gear plants. Consequently, the refund claim filed by the importers was rightly rejected, and the appeal was dismissed.