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2007 (8) TMI 591 - AT - Customs

Issues: Classification of imported goods under sub-heading 9032.80 as parts of interface isolator terminal blocks vs. classification under SH 8538.10 as parts of changeover switches.

In this case, the appellants imported goods declared as "PARTS OF INTERFACE ISOLATOR TERMINAL BLOCKS" and classified them under sub-heading 9032.80, paying duty accordingly. However, the original authority classified the items under SH 8538.10 as parts of "changeover switches," rejecting the appellants' claim for classification as electrical equipment. The first appellate authority upheld the lower authority's decision, leading to the current appeal.

Upon examination, the Tribunal noted that the lower appellate authority and the Commissioner (Appeals) classified the goods under the group of "changeover switches" based on their function as an interface between safe area and hazardous area instruments, controlling electrical energy into hazardous areas. The Tribunal referenced a previous decision and emphasized that the classification should be based on the item's function, not the nature of the appellants' business. The Tribunal found no valid challenge to the reasoning behind the classification as "changeover switches," as the items functioned similarly to isolators classified under Heading 85.36, with parts appropriately classifiable under Heading 85.38.

Ultimately, the Tribunal upheld the impugned order, dismissing the appeal due to the appellants' failure to challenge the classification based on the item's function and the precedent set by previous decisions. The judgment highlights the importance of classifying goods based on their operational purpose rather than the business activities of the importer.

 

 

 

 

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