1997 (11) TMI 376 - AT - Customs

Appeal granted for pipelines integral to Cutter Suction Dredger under customs exemption

BOSKALIS DREDGING INDIA PVT. LTD. Versus COMMR. OF CUS., BHUBANESWAR

The Tribunal allowed the appeal by M/s. Boskalis Dredging India Pvt. Ltd., holding that the pipelines used for the disposal of dredged material are ... Appeal to Appellate Tribunal - Additional evidence Issues Involved:1. Classification of imported items.2. Applicability of exemption notifications.3. Consideration of pipelines as part of the dredger.Summary:1. Classification of Imported Items:The appellants, M/s. Boskalis Dredging India Pvt. Ltd., imported various items including a Cutter Suction Dredger and its associated equipment. They filed six different bills of entry for these items, claiming that all items should be classified under Chapter sub-heading 8905.10 as parts of a dredger, thus attracting a 'nil' rate of duty per Notification Nos. 133/87-Cus., dated 19-3-87 and 106/92-Cus., dated 1-3-92. The Assistant Commissioner, however, classified only the Cutter Suction Dredger under the said heading, while other items were classified separately, attracting higher duties.2. Applicability of Exemption Notifications:The appellants argued that all imported items, though covered under different invoices and bills of entry, essentially comprised a complete dredger and should be classified under sub-heading 89.05, thus qualifying for the exemption under Notification No. 133/87. The Assistant Commissioner allowed the benefit of the notification only for the Cutter Suction Dredger, denying it for other items like spares and consumables, which were classified under various heads of the tariff.3. Consideration of Pipelines as Part of the Dredger:The primary contention was whether the pipelines used for the disposal of dredged material should be considered part of the dredger. The appellants argued that the pipelines are essential for the dredger's operation, as the dredged material needs to be continuously transported away from the dredger. The Tribunal referred to the British Standard Specification (BS 6349 Part 5: 199) and expert opinions, concluding that pipelines are integral to the Cutter Suction Dredger's functionality. The Tribunal held that the pipelines form an indispensable part of the dredger, qualifying for classification under Chapter 8905.00 and thus entitled to the exemption under Notification No. 133/87-Cus., dated 19-3-87.Conclusion:The Tribunal allowed the appeal, holding that the various types of pipelines are part of the dredger itself and qualify for the exemption under Notification No. 133/87-Cus. The alternative claim for exemption under Notification No. 106/92-Cus. was not considered necessary.