9911796707
|
Home
Issues: Classification of imported goods under Customs Tariff Act, 1975 - Heading 84.62(2) vs. Heading 84.62(1)
The judgment pertains to the classification of imported adapter ball bearings without sleeves under the Customs Tariff Act, 1975. The main issue is whether these ball bearings should be classified under Heading 84.62(2) as "ball bearings with bore diameter not exceeding 60 mm" or under Heading 84.62(1) as "Ball and roller bearings not elsewhere specified." The importers claimed re-assessment under Heading 84.62(1) for a duty refund, arguing that the bearings were capable of use without sleeves, and thus, the bore diameter without sleeves should determine their classification. The Appellate Collector allowed the appeal, supporting the re-assessment under Heading 84.62(1). Upon reviewing the case, the Government of India issued a show cause notice for review, proposing classification under Heading 84.62(2) based on the intended use of the goods with adapter sleeves, which would result in a bore diameter less than 60 mm. The importers, in their reply, reiterated the arguments for classification under Heading 84.62(1, emphasizing the independence of the bearings from the sleeves and citing similar goods classified under Heading 84.62(1) by other customs offices. During the hearing, the importers' Consultant highlighted that the bearings were complete without sleeves, as per the manufacturer's catalog, and could be used independently. Government considered expert opinions and manufacturer's literature, concluding that the use of sleeves with the bearings was accessory in nature. They agreed with the importers that the goods had an independent entity, even when imported without sleeves. Since the bore diameter exceeded 60 mm without sleeves, and there was no justification for considering the bore after fitting the sleeves, the Government upheld the order-in-appeal and dropped the review proceedings.
|
