TaxTMI 
TaxTMI 
2026 (8) TMI 571
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.... details. Being binocular, the surgical microscopes give the additional benefit of high-quality stereoscopy. This sophisticated microscope is equipped with features tailored to meet the unique requirements of eye surgery, offering high magnification, excellent depth perception, and illumination. This microscope is designed with fine focus mechanisms to help surgeons achieve sharp and clear images. Images of the said microscope are as under: 3. The applicant has submitted that the salient features of the Opthalmic Binocular Surgical Microscope are cutting edge optic design, bright and stable red reflex, multifunctional display, electromagnetic locking system, rotatable coaxial independent assistant microscope, motorized zoom system etc .; that the following features of the Ophthalmic Binocular Surgical Microscope provides the Ophthalmic surgeon to operate the affected part of the eye with a precision which gives better result to the patient such as: (a) Fundus Viewing System (b) Eyevis Non-contact Wide Angle Fundus viewing system (c) Wide-angle, high-definition and stereoscopic imaging. (d) Large focusing range and sufficient operating space ....
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....ppliances for human medicine and surgery' includes 'Ophthalmic instruments', which falls into various categories, including "Diagnostic instruments such as opthalmoscopes. • It is seen that Chapter Heading 9018 covers a very wide range of instruments and appliances, which in the vast majority of cases are used only in professional practice (e.g. by doctors, surgeons, dentists, veterinary surgeons, midwives) either to make a diagnosis, to prevent or treat an illness or to operate etc. Instruments and appliances for anatomical and autoptic work, dissection etc. The Chapter Heading excludes 'Microscopes etc. of Heading 9011 or 9012' from its ambit. • However, it has also been mentioned in the Explanatory Notes for Chapter Heading 9018 that the instruments and appliances classified here may be equipped with optical devices; they may also make use of electricity, either as motive power or for transmission, or as a preventive, curative or diagnostic agent. The Ophthalmic Binocular Surgical Microscope consisting of electric lamp for illumination, the whole instrument mounted on an adjustable support for the examination and surgery on the eye and it is used for tr....
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.... red reflex), and multiple beam paths for both the surgeon and an assistant. • The applicant has submitted that even as per Rule 3 of General rules for interpretation, impugned apparatus/instrument merits classification under CH 9018 of Custom Tariff Act, 1975. CTH 9011 of Custom Tariff Act, 1975 is general in nature as such under the said heading Microscopes which are used in general by amateurs, teachers etc. and those for industrial use or for research laboratories are covered and CTH 9018 is specific in nature which are used in medical and surgery field. Such types of instrument/ apparatus are specifically designed for use by eye surgeon to carry out the various types of surgery on the eye. Therefore, the heading CTH 9018 of Custom Tariff Act, 1975 provides the most specific description for the impugned goods i.e. Opthalmic Binocular surgical Microscope and it shall merit classification under CTH 9018 of the Custom Tariff Act, 1975. • The applicant has placed reliance on the following decisions to support their view: 1. Sanwar Aggarwal v. The Commissioner of Customs (Port) reported in 2016 (336) ELT 42 (Cal High Court) 2. Flora Agrote....
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....Surgical Microscope as under: a. Main Components: i. Bright and Stable Red Reflex: The red reflex produced by the uniquely designed multi directional stereoscopic coaxial illumination allows for a more detailed view of the tissue structure, assisting the surgeon in precise surgery. ii. Multifunctional Display: Touch screen adjustment of magnification and x-y-z axis. Supports x-y-z axis fine tuning speed, zoom display and foot controller mode as surgeon wants. iii. Electromagnetic Locking System: The precision in positioning accords a convenient viewing of the selected part of the eye. iv. Rotatable coaxial Independent Assistant Microscope: Facilitates surgery with an independent optical path design, five magnification charger, adjustable magnification and focus independently of the primary view. v. Motorised zoom system: Facilitates zooming in on the selected part of the eye, b. Generic Uses: i. It is a specialized microscope used by ophthalmologists for examining the eye's anterior segment and posterior segment. ii. Provides high-resolution, stereoscopic images of the eye during surgical procedures, e....
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....xplanatory notes to HSN, microscopes under CTH 9011 and 9012 are used by amateurs, teachers, industrial use or for research laboratories and opposed to the same, the product under consideration is used solely for Ophthalmic surgeons; that the ophthalmic binocular surgical microscope is specifically designed for examining and operating on the eye's structures (anterior and posterior segments). It incorporates specialized features like long working distances (e.g. 200 mm), coaxial illumination, and integrated imaging for the eye, provides variable magnification to allow for different levels of detail during procedures like cataract or retinal surgery and seamlessly integrates with advanced imaging technologies such as Optical Coherence Tomography (OCT) for enhanced visualization and workflow. Such features are absent in the microscopes covered under CTH 9011 and 9012. 7. While explaining the reasons as to why their product should be covered under CTH 9018, the applicant has submitted that explanatory notes to CTH 9018 covers ophthalmic instruments wherein Part C describes the goods in the nature of diagnostic instruments such as opthalmoscopes; binocular loupes with head bands and....
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....T Act are the same, except for certain provisions. Therefore, unless a mention is specifically made to such dissimilar provisions, a reference to the CGST Act would also mean a reference to the same provisions under the GGST Act. 9. We have considered the submissions made by the applicant in their application for advance ruling as well as the submissions made both oral and written during the course of personal hearing. We have also considered the issue involved, the relevant facts & the applicant's submission/views in respect of question on which the advance ruling is sought. 10. The applicant has submitted that they are engaged in the supply of Ophthalmic Binocular Surgical Microscope i.e. a specialized microscope used by ophthalmologists for examining the eye's anterior segment and posterior segment which provides a magnified, three-dimensional view of the eye's structures, including the cornea, iris, lens, and anterior chamber and thus helps to perform toughest surgery by providing high-resolution images and details; that being binocular, the surgical microscopes give the additional benefit of high-quality stereoscopy and this sophisticated microscope is equipped with feat....
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....g headings 9011 and 9012 for the reasons discussed in his submission, we find it prudent to refer to the Chapter Notes of Chapter 90, headings 9011, 9012 and 9018 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) as well as the HSN notes to heading 9011, 9012 & 9018. The same are reproduced hereunder: Chapter Notes to Chapter 90 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975): CHAPTER 90 Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof NOTES: 1. This Chapter does not cover : (a) articles of a kind used in machines, appliances or for other technical uses, of vulcanised rubber other than hard rubber (heading 4016), of leather or of composition leather (heading 4205) or textile material (heading 5911); (b) supporting belts or other support articles of textile material, whose intended effect on the organ to be supported or held derives solely from their elasticity (for example, maternity belts, thoracic support bandages, abdominal support bandages, supports for joints or muscles) (Section X....
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....constituent material; or (n) spools, reels or similar supports (which are to be classified according to their constituent material, for example, in Heading 3923 or Section XV). 2. Subject to Note 1 above, parts and accessories for machines, apparatus, instruments or articles of this Chapter are to be classified according to the following rules : (a) parts and accessories which are goods included in any of the headings of this Chapter or of Chapter 84, 85 or 91 (other than heading 8487, 8548 or 9033) are in all cases to be classified in their respective headings; (b) other parts and accessories, if suitable for use solely or principally with a particular kind of machine, instrument or apparatus, or with a number of machines, instruments or apparatus of the same heading (including a machine, instrument or apparatus of heading 9010, 9013 or 9031) are to be classified with the machines, instruments or apparatus of that kind; (c) all other parts and accessories are to be classified in heading 9033. 3. The provisions of Notes 3 and 4 to Section XVI apply also to this Chapter. 4. Heading 9005 does not apply to telescopic sight....
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....cessories Heading 9012 as per the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) 9012 MICROSCOPES OTHER THAN OPTICAL MICROSCOPES; DIFFRACTION APPARATUS. 9012 10 - Microscopes other than optical microscopes; diffraction apparatus. 9012 1010 - Electron microscopes fitted with equipment specifically designed for the handling and transport of semiconductor wafers or reticles. 9012 1090 - Other 9012 9000 - Parts and accessories. Heading 9018 as per the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) 9018 INSTRUMENTS AND APPLIANCES USED IN MEDICAL, SURGICAL, DENTAL OR VETERINARY SCIENCES, INCLUDING SCIENTIGRAPHIC APPARATUS OTHER ELECTROMEDICAL APPARATUS AND SIGHT-TESTING INSTRUMENTS -Electro-diagnostic apparatus (including apparatus for functional exploratory examinations or for checking physiological parameters): 9018 1100 - Electro-cardiographs 9018 12 - Ultrasonic scanning apparatus 9018 1210 - Linear ultrasound scanner 9018 1290 - Other 9018 1300 - Magnetic resonance imaging apparatus 9018 1400 -....
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.... 9091 - Hilerial or venous shunts 9018 9092 - Baby incubators 9018 9093 - Heart-lung machines 9018 9094 - Defibrillators 9018 9095 - Fibrescopes 9018 9096 - Laproscopes 9018 9097 - Vetrasonic lithotripsy instruments 9018 9098 - Apparatus for nerve stimulation 9018 9099 - Other HSN notes of heading 9011 90.11 - Compound optical microscopes, including those for photomicrography, cinephotomicrography or microprojection. 9011. 10 - Stereoscopic microscopes 9011.20 - Other microscopes, for photomicrography, cinephotomicrography or microprojection 9011.80 - Other microscopes 9011.90 - Parts and accessories Whereas magnifiers of heading 90.13 have only a single stage of magnification of relatively low power, the compound optical microscope of this heading has a second stage of magnification for the observation of an already magnified image of the object. A compound optical microscope normally comprises : (I) An optical system consisting essentially of an objective designed to produce a magnified image of the object, and an eyepiece ....
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....r screen fitted on top of the microscope. (3) Laboratory measuring microscopes, e.g., for measuring line separation in spectrograms. (4) Surgical microscopes for use by surgeons when operating on a very small portion of the body. Their light sources result in independent light paths which provide a three dimensional image. The heading also covers : (A) Microscopes for photomicrography and microscopes for cinephotomicrography. In addition to the visual observation of the specimen, these also permit the photographic recording of magnified images. They may be composed either of a microscope permanently incorporating a photographic or cinematographic camera (usually specially designed for this purpose), or of a conventional microscope to which a conventional photographic or cinematographic camera can be temporarily fixed by means of a simple attachment. Separately presented photographic or cinematographic cameras for photomicrography or cinephotomicrography are excluded (heading 90.06 or 90.07, respectively). (B) Microscopes for microprojection with compound magnification. These are used for the horizontal or vertical projection of ....
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....of the scanned field. (3) The specimen stage. (4) The vacuum pump unit which maintains a vacuum in the electron tube; these are sometimes self-contained units connected to the appliance. (5) The elements for visual observation on a fluorescent screen and for photographic recording of the image. (6) Control stands and panels bearing the elements controlling and regulating the electron beam. This heading also includes scanning electrons microscopes in which a very fine beam of is directed repeatedly onto different points of the sample. Information is obtained by measuring for example, the electrons transmitted, the secondary electrons emitted, or the optical rays. The result may then be displayed on a monitor screen which can be incorporated in the microscope. The electron microscope has many uses both in the field of pure science (biological or medical research, composition of matter, etc.), and in industrial technique (examination of fumes, dust, textile fibres, colloids, etc.; examination of the structure of metals, paper, etc.). (B) Proton microscopes. In place of electrons, these employ protons which have a wavelengt....
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....19 --- Other 9018.20 - Ultra-violet or infra-red ray apparatus - Syringes, needles, catheters, cannulae and the like 9018.31 - Syringes, with or without needles 9018.32 - Tubular metal needles and needles for sutures 9018.39 --- Other - Other instruments and appliances, used in dental sciences : 9018.41 -- Dental drill engines, whether or not combined on a single base with other dental equipment 9018.49 -- Other 9018.50 - Other ophthalmic instruments and appliances 9018.90 - Other instruments and appliances This heading covers a very wide range of instruments and appliances which, in the vast majority of cases, are used only in professional practice (e.g., by doctors, surgeons, dentists, veterinary, surgeons, midwives), either to make a diagnosis, to prevent or treat an illness or to operate, etc. Instruments and appliances for anatomical or autoptic work, dissection, etc., are also included, as are, under certain conditions; instruments and appliances for dental laboratories (see Part (II) below). The instruments of the heading may be made of any mat....
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....only when they are clearly identifiable as being for medical or surgical use by reason of their special shape, the ease with which they are dismantled for sterilisation, their better quality manufacture, the nature of the constituent metals or by their get-up (frequently packed in cases or boxes containing a set of instruments for a particular treatment : childbirth, autopsies, gynaecology, eye or ear surgery, veterinary cases for pasturition, etc.). The instruments and appliances classified here may be equipped with optical devices; they may also make use of electricity, either as motive power or for transmission, or as a preventive, curative or diagnostic agent. This heading also covers instruments and appliances operated by laser or other light or photon beam processes and ultrasonic instruments and appliances. This group includes : (I) INSTRUMENTS AND APPLIANCES FOR HUMAN MEDICINE OR SURGERY (A) Instruments which may be used under the same names for several purposes, for example: (1) Needles (for sutures, ligatures, vaccination, blood tests, hypodermic needles, etc.). (2) Lancets (for vaccination, blood-letting, etc....
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....rial-cases (of lenses) and trial-frames (for carrying the trial lenses), optometric scales, test charts. However, optometric scales and charts on paper, paperboard or plastics, used for colour perception tests, are excluded (Chapter 49). This heading also covers electrically heated compresses for the eyes, and electro-magnets designed for removing metallic particles from the eyes. (D) Ear instruments, e.g., auriscopes. However, tuning forks, whether or not for medical use, are excluded (heading 92.09). (E) Anaesthetic apparatus and instruments (face masks, face-piece harness, intratracheal tubes, etc.). (F) Instruments for nose, throat or tonsil treatment : clamps (for straightening the nasal cartilage); transillumination apparatus (for sinuses and nasal fossae); tonsilotomes and guillotines; direct laryngoscopes; laryngeal brushes, etc. (G) Pharyngeal, oesophageal, stomach or tracheotomy instruments : oesophagoscopes, bronchoscopes, stomach pumps, intubation tubes, etc. (H) Urinary canal or bladder instruments: urethrotomes, lithotrity instruments, bladder-grit suction apparatus, instruments for prostatectomy. (IJ) Art....
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....ious group (such as masks and other dental analgesic apparatus), the main instruments and appliances included in this category are: (1) Surgeons' finger-guards (whether or not articulated) and gags; cheek or lip retractors, tongue depressors and clips. (2) Forceps of all kinds, elevators, tweezers of all kinds (to remove exposed teeth, aligning pivot teeth, etc.), cutters (for dissecting, dressing, filling and gouging, etc.), root forceps. (3) Instruments for endodontic treatment (broaches, reamers, files, pluggers, spreaders, etc.). (4) Bone scissors and files; gouges and mallets for resecting the jaw and the maxillary sinus; raspatories; scalpels; special knives and scissors; special dentists' tweezers; excavators and probes. (5) Special instruments for cleaning gums and sockets; scalers for treating dental tartar; scrapers and enamel chisels. (6) Miscellaneous probes; needles (abscess, hypodelmic, suture, cotton-wool, etc.); cotton-wool holders and swab holders; insufflators; dental mirrors. (7) Gold-filling instruments (pluggers, mallets, etc.); filling instruments (cement or resin spatulae, amalgam stoppers and mal....
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....f this heading; these dentists' chairs fall in heading 94.02 whether or not fitted with equipment such as lighting fittings. It should, however, be noted that the heading excludes certain items of dental equipment mentioned in paragraph (ii) above, when they are presented separately; these are classified in their own respective headings, for example, compressors (heading 84.14), X-ray, etc., apparatus (heading 90.22). heading 90.22 also covers X-ray, etc., apparatus designed for a separate stand, or for wall-mounting in dental surgeries. Separately presented diathenny apparatus is, however, classified with the electro-medical apparatus of this heading (see Part (IV) below). It should be noted that dental cements and other dental fillings fall in heading 30.06; the preparations known as "dental/Vax" or as "dental impression compounds", put up in sets, in packings for retail sale or in plates, horseshoe shapes, sticks or similar forms, and other preparations for use in dentistry, with a basis of plaster (of calcined gypsum or calcium sulphate), fall in heading 34.07. (III) VETERINARY INSTRUMENTS AND APPLIANCES This group includes a number of articl....
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....IC APPARATUS These are apparatus which scan parts of the body and create images of an organ or a record of its functioning. It includes apparatus incorporating a scintillation counter the data from which is converted into analogue signals for the purpose of making medical diagnoses (e.g., gamma camera, scintillation scanner). (V) OTHER ELECTRO-MEDICAL APPARATUS This heading also covers electro-medical apparatus for preventive, curative or diagnostic purposes, other than X-ray, etc., apparatus of heading 90.22. This group includes: (1) Electro-diagnostic apparatus, which include: (i) Electro-cardiographs (apparatus which, by means of currents produced by contractions of the cardiac muscle, record heart movements as electrocardiograms). (ii) Phonocardiographs (specially designed to register heart noises as phonocardiograms; they may also be used as electro-cardiographs). (iii) Cardioscopes (used in conjunction with the two preceding instruments to enable simultaneous observation of cardiograms and phonocardiograms). (iv) Rheocardiographs (electrical apparatus for measuring changes of electrical resistance due to ....
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....inotherapy apparatus. These employ radiations within, or more generally just outside the visible spectrum (infra-red, ultra-violet) for treatment of certain diseases or for diagnostic purposes (special lighting to reveal skin diseases). This apparatus generally incorporates lamps, though infra-red ray apparatus may be fitted with heating resistances or heating panels with reflectors. (9) Artificial incubators for babies. Basically these consist of a transparent cubicle of plastics, electrical heating equipment, safety and warning devices, and oxygen and air filtering and regulating apparatus. In most cases they are mounted on a trolley and have built-in baby scales. Cases containing electrodes or other devices for use with the apparatus described above are also included in this group. This heading also excludes prenatal listening apparatus for non-medical use of heading 85.18 (see the Explanatory Note to that heading). PARTS AND ACCESSORIES Subject to the provisions of Notes 1 and 2 to this Chapter (see the General Explanatory Note), parts and accessories of apparatus or appliances of this heading remain classified here. Sub-hea....
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.... of the distribution of gamma rays in the human body. This image is produced using suitable apparatus such as the scintigraphic scanner and, above all, the gamma camera. These nuclear scanners require giving the patient an oral dose or injection of a radioactive compound (the tracer) which is quickly absorbed by the organ being studied. The body is then scanned with a gamma counter, which records the amount of radiation emitted by the tracer as It penetrates the target organ (for example, the brain), in order to determine where the radio-isotope is absorbed. A video picture is produced by automatic data processing machine analysis of the radiation detected. This picture is a patchwork of light and dark areas or contrasting colours which show where in the organ the radio-isotope was taken up. Such scans provide information about both the structure and the function of the organ concerned. An example of scintigraphic apparatus is the Positron Emission Tomography (PET) scanner. It combines the principles of nuclear medicine with the imaging techniques used in the Computed Tomography (CT) scanner (see the Subheading Explanatory Note to subheading 9022.12). ....
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....nated by an external or an integral light source), and a set of condenser lenses which direct the beam of light from the mirror on to the object; that this heading covers microscopes as used by amateurs, teachers, etc., and those for industrial use or for research laboratories. HSN notes of heading 9011 also excludes the following: (a) Specimen slides or covers, of glass (heading 70.17). (b) Ophthalmic binocular-type microscopes (heading 90.18). (c) Prepared slides for microscopic study (heading 90.23). (d) Microtomes; refractometers (heading 90.27). (e) Profile projectors and other apparatus with optical devices for checking mechanical parts, not being microscopes or microprojection apparatus, e.g., optical comparators, measuring benches, etc. (heading 90.31). 15. From the details mentioned above, it is apparently discernable that compound optical microscopes and the like covered under heading 9011 cannot be used for complicated surgeries in cataract, vitreoretinal, and corneal surgeries but are used only by amateurs, teachers, etc., and for industrial use or for research laboratories. Further, the HSN notes specifically excludes "Op....
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....aterial science studies involving diverse densities, analysing the atomic and molecular structure of materials, offering high-resolution data on nanomaterials, thin films, and gas-phase samples and key applications include determining 3D structures via MicroED, monitoring surface growth through RHEED and LEED, and conducting phase analysis with EBSD. Thus, it can be inferred that none of the above can be used for complicated surgeries in cataract, vitreoretinal, and corneal surgeries etc. In view of the above, we find and conclude that Ophthalmic Binocular Surgical Microscopes do not fall under heading 9012 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975). 18. Tariff heading 9018 reads as "Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scientigraphic apparatus, other electromedical apparatus and sight-testing instruments". Further, as per HSN notes to heading 9018 "this heading covers a very wide range of instruments and appliances which, in the vast majority of cases, are used only in professional practice (e.g., by doctors, surgeons, dentists, veterinary surgeons, midwives), either to make a diagnosis, to preven....
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.... under: (C) Ophthalmic instruments. These fall into various categories: (1) Surgical instruments such as corneal trephines, keratomes. (2) Diagnostic instruments such as ophthalmoscopes; binocular loupes with head-bands and binocular-type microscopes, consisting of a microscope, an electric lamp with a slit, and a head-rest, the whole being mounted on an adjustable support, for the examination of the eyes; tonometers (for testing the intra-ocular tension); eye specula. (3) Orthoptic or sight-testing apparatus including amblyoscopes, retinoscopes, skiascopes, strabometers, keratometers, keratoscopes, eye measurement meters designed to measure distance between the pupils, trial-cases (of lenses) and trial-frames (for carrying the trial lenses) optometric scales, test charts. However, optometric scales and charts on paper, paperboard or plastics, used for colour perception tests, are excluded (Chapter 49). This heading also covers electrically heated compresses for the eyes, and electro-magnets designed for removing metallic particles from the eyes. The applicant in his submission is found to have submitted that the Ophthalmic Binocular Surgical ....
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....cation No. 09/2025-Central Tax (Rate) and is liable to GST at the rate 5% (2.5% CGST + 2.5% SGST). 22. In view of the above, we rule as under: - RULING Question-1. Whether the product, in question, Ophthalmic Binocular Surgical Microscope shall merit classification under the CTH 9018 of the Custom Tariff Act, 1975 or otherwise? Answer-1. Yes. Ophthalmic Binocular Surgical Microscope shall merit classification under tariff heading 9018 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975). Question-2. Whether the goods Ophthalmic Binocular Surgical Microscope fall within the Sr. No. 483 of Schedule-I of Notification No. 9/2025-CT (Rate) dated 17.09.2025 or otherwise? Answer-2. Yes. Ophthalmic Binocular Surgical Microscope falls within the Sr. No. 483 of Schedule-I of Notification No. 9/2025-CT (Rate) dated 17.09.2025. ============= Document 1 Auto Power-off Protection The EOM 1 will automatically enter the powered-off state when the secondary an is raised to a certain height. It will greatly facilitate surgeon's operation and extend the lifespan of LED. 360° The large and small cross arms rotate 360", and the electromagnetic lock ....