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    <title>2011 (6) TMI 616 - CESTAT, MUMBAI</title>
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    <description>An imported transhipper vessel used for bulk cargo handling was treated as a cargo ship under Heading 8901 rather than as a vessel under Heading 8905, because its navigability was not merely subsidiary to a stationary function. The record showed repeated movement between the port area, anchorage and shore-linked facilities, and the evidence described the vessel as a cargo ship, general cargo ship and bulk cargo transhipper. Heading 8901 HSN notes cover cargo vessels of all kinds, including bulk carriers, while Heading 8905 is limited to vessels whose main function is performed in a stationary position. On that basis, Heading 8905 classification was rejected and exemption under Notification No. 21/2002-Cus. was held available.</description>
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      <description>An imported transhipper vessel used for bulk cargo handling was treated as a cargo ship under Heading 8901 rather than as a vessel under Heading 8905, because its navigability was not merely subsidiary to a stationary function. The record showed repeated movement between the port area, anchorage and shore-linked facilities, and the evidence described the vessel as a cargo ship, general cargo ship and bulk cargo transhipper. Heading 8901 HSN notes cover cargo vessels of all kinds, including bulk carriers, while Heading 8905 is limited to vessels whose main function is performed in a stationary position. On that basis, Heading 8905 classification was rejected and exemption under Notification No. 21/2002-Cus. was held available.</description>
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