2013 (3) TMI 455 - AT - Customs

Stay Petition - Appellant Imported old and used tyres of various sizes claiming classification of goods accordingly. - The goods were inspected by the department who opined status of the tyres are not scrap/waste which resulted in classification of goods under restricted category and accordingly increase of assessable value of goods. After due proceedings the adjudicating authority confiscated the goods and allowed re-export of the goods on payment of a redemption fine. Further a penalty was also imposed on the appellant. On appeal, the Commissioner (Appeals) did not pass clear orders and held that the appellant has to get clearance from the Ministry of Environment and Forest, GOI and if such clearance is produced the goods may be allowed to be cleared for home consumption. - Aggrieved by the order of the Commissioner (Appeals), the appellant have filed Appeal for staying the operation of the order. Revenue is aggrieved by the fact Commissioner (Appeals) did not consider the other prohibitions while order release of the goods to DTA. Held that - Thus there are a few issues to be considered in detail before allowing release of the goods. So Tribunal do not consider it proper to pass any order for release of the goods at this stage of considering the stay petition because it will amount to deciding the appeal itself and damage if any caused by release of goods cannot be rectified by imposition of redemption fine. So the appeals are admitted for final hearing.

Summary

Issues Involved:
Stay petitions in seven appeals involving classification of imported old and used tires, applicability of BIS standards, restrictions under Foreign Trade Policy, Hazardous Waste Rules, and Ministry of Environment & Forests clearance.

Detailed Analysis:

1. Classification of Imported Tires:
The appeal involved the classification of old and used tires imported by the appellants under Customs Tariff Item 4012 20 90. The Chartered Engineer certified that the tires were not reconditioned or retreaded, had a residual life of 68%, and were not waste. This certification led to an increase in the assessable value of the goods. The Revenue contended that the tires required a BIS certificate for import, were restricted under the Foreign Trade Policy, and fell under Hazardous Waste Rules. The dispute over the classification and valuation of the goods formed a crucial part of the appeal.

2. Applicability of BIS Standards:
The issue of whether BIS standards applied to the import of old and used tires was raised. The appellants argued that BIS standards were meant for new tires and not for old and used ones. Conversely, the Revenue emphasized that BIS standards were essential for maintaining safety standards for commercial vehicles, including tires capable of re-use. The differing interpretations of the applicability of BIS standards added complexity to the case.

3. Clearance and Restrictions:
The appeal addressed the requirement of clearance from the Ministry of Environment & Forests for importing old and used tires. The Commissioner (Appeals) suggested that clearance from the Ministry was necessary for allowing the goods to be cleared for home consumption. However, the appellants sought to clear the goods without such clearance, while the Revenue argued for strict adherence to the clearance process due to the goods' classification and potential environmental impact.

4. Interpretation of Hazardous Waste Rules:
A significant aspect of the case was the interpretation of Hazardous Waste Rules, particularly entry B3140, which dealt with waste pneumatic tires. The exclusion clause in the rule was examined in relation to the condition of the imported tires being fit for re-use. The argument centered on whether the goods fell under the waste category as per the rule or were eligible for re-use, affecting the applicability of the restrictions under the Hazardous Waste Rules.

5. Redemption Fine and Release of Goods:
The adjudicating authority had imposed a redemption fine on the goods with the condition of re-export. The issue of releasing the goods into the Domestic Tariff Area (DTA) against this redemption fine was raised. The Tribunal highlighted the need for a separate assessment of the redemption fine if the goods were to be cleared into the DTA, emphasizing the complexity of the situation and the potential consequences of releasing the goods prematurely.

In conclusion, the judgment delved into various intricate legal aspects surrounding the classification, valuation, standards, clearances, and restrictions related to the import of old and used tires. The differing interpretations and arguments presented by the appellants and the Revenue added layers of complexity to the case, requiring detailed examination and consideration before any decision on the release of the goods could be made.