2002 (9) TMI 612 - AT - Customs

Classification - Confiscation, fine and penalty - Import without licence - Redemption fine - Quantum of

Summary

Issues:
Classification of imported item Tungsten Halogen lamp under ITC (HS) Classification of Export Import, validity of requiring a license for import, interpretation of DGFT clarification letter dated 10-10-95, proper classification under main Heading No. 85.39 vs. sub-heading 853921.00, redemption fine and penalty imposition.

Classification Issue:
The case involved a dispute over the classification of the imported item, Tungsten Halogen lamp, under the ITC (HS) Classification of Export Import. The Order-in-Original classified the item under Entry No. 8539.21, which refers to Tungsten Halogen Lamps, a restricted consumer item requiring a license for import. The Commissioner (Appeals) set aside this classification, citing a DGFT clarification letter stating that certain lamps, including projection lamps for projectors, can be freely imported without a license under the main Heading No. 85.39. However, the Revenue contended that the specific item, Tungsten Halogen lamp, falls under sub-heading 853921.00, requiring a license for import.

Interpretation of DGFT Letter:
The DGFT clarification letter dated 10-10-95 played a crucial role in the case. The Commissioner (Appeals) relied on this letter to argue that certain lamps, including projection lamps, are not in the negative list of imports and can be freely imported without a license. However, the Revenue contended that the letter did not specifically mention Tungsten Halogen lamps, thus upholding the requirement of a license for their import.

Proper Classification Analysis:
The Tribunal analyzed the classification under main Heading No. 85.39, which covers electric filament or discharge lamps meant for specific use in various types of equipment and are freely importable. However, the specific sub-heading 853921.00 refers to Tungsten Halogen lamps as restricted items requiring a license for import. The Tribunal emphasized that each heading must be construed properly to avoid redundancy. It concluded that Tungsten Halogen lamps cannot be classified under the main Heading due to the specific sub-heading mentioning them as restricted items.

Redemption Fine and Penalty Imposition:
Regarding the redemption fine and penalty imposed, the Tribunal found the amount fixed by the Additional Commissioner to be excessive and not in accordance with the Customs Act. It directed a re-assessment of the redemption fine based on the market value of the goods and instructed the original authority to re-fix the redemption fine and penalty after providing an opportunity of hearing to the importer-respondent.

In conclusion, the Tribunal upheld the Revenue's contention that the Tungsten Halogen lamps require classification under the specific heading 853921.00, which mandates a license for import. However, it remanded the case for re-assessment of the redemption fine and penalty, emphasizing the need for proper adherence to the Customs Act provisions in determining these amounts.