2006 (11) TMI 466 - AT - Customs

Summary

Issues involved: Classification of imported 'post rail kit' for IDS Sensor under Customs Tariff Heading (CTH) 85.17 u/s Rule 2(a) of Interpretative Rules.

The judgment pertains to the classification of an imported 'post rail kit' for IDS Sensor under Customs Tariff Heading (CTH) 85.17. The Respondents argued that the kit should be classified under CTH 85.17 as it is designed to make the IDS sensor operational and forms part of the network system. They relied on Rule 2(a) of the Interpretative Rules to the Customs Tariff, which states that incomplete articles with essential characteristics of the complete article should be treated as complete articles. The Commissioner accepted their plea after detailed consideration and examination of submissions, classifying the kit under CTH 85.17.

The issue at hand was whether the items claimed as a kit constitute a kit classifiable under Chapter 8517. The explanation provided by the appellant highlighted that the imported kit is used for the Intrusion Detective Systems (IDS) sensor, which is part of the Cisco Intrusion Protection System. The items in the kit are affixed to the sensor, which is then mounted on a rack where other networking equipment resides. The items in the kit serve the common purpose of making the sensor equipment functional by connecting it with other networking equipment on the rack.

The items of the imported kit include a pair of slide assembly, cable management arm, stop block, status indicator cable assembly, 10-inch flange head Philips screws, and releasable tie wraps. These items are essential for connecting the sensor and mounting it on the rack. Each item serves a specific purpose in making the sensor operational, and together, they are necessary for connecting the sensor with other networking equipment. The appellant, approved by the Secretariat for Industrial Assistance, imports computer accessories and networking equipment falling under Chapters 84 and 85 of CETA 1975, indicating the specialized nature of the kit components.

The Original Adjudicating Authority classified the items under Chapter 73 as general-purpose articles of iron & steel, considering them of a generalized nature. However, the Commissioner disagreed, noting that the equipment is specially designed for connecting and mounting the sensor on the rack. The specialized nature of the kit components, their specific design for use in networking systems, and the appellant's mandate to set up R&D facilities support the classification under CTH 85.17. The Commissioner set aside the Original Adjudicating Authority's order and upheld the appeal.

The Revenue contended that the kit consists of six separate items that should be classified individually, not collectively under CTH 85.17. They cited a Supreme Court judgment stating that special purpose parts cannot be considered parts of general use. However, the Commissioner's detailed findings analyzed the use of the items in the kit, applying Rule 2(a) of Interpretative Rules of Customs Tariff and HSN Explanatory notes. The Commissioner concluded that the items are for special purpose use only, not general use, and thus correctly classified under CTH 85.17. The appeal by the Revenue was rejected based on these considerations.