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2005 (11) TMI 95 - AAR - CustomsClassification of goods - Alcatel 1640 Fox - Whether Alcatel 1640 Fox proposed to be imported into India, is classifiable under Heading No. 8517 50 99 of the First Schedule of the Customs Tariff Act, 1975 - Held that - It is evident that the proposed classification by the applicant is accepted by the Commissioner of Customs - On a combined reading of Rules 1 and 6 of the Rules and the terms of the heading, sub-heading and tariff items, having regard to the description of the goods, stated above, Alcatel 1640 Fox is classifiable under Tariff Item 8517 50 99.
Issues: Classification of Alcatel 1640 Fox under Tariff Heading 8517 50 99
In this case, the main issue is the classification of the Alcatel 1640 Fox for customs duty liability under Tariff Heading 8517 50 99 of the Customs Tariff Act, 1975. The applicant, a subsidiary of Alcatel, France, seeks an advance ruling from the Authority for Advance Rulings to determine the classification of the latest technology equipment of Optical Networking/GSM equipment they propose to import into India. The Alcatel 1640 Fox is described as a hybrid system used in telecommunications for the transmission of data signals. It is capable of handling a wide range of telecommunication signals, including PDH and SDH signals, as well as managing data traffic such as Ethernet and GB Ethernet. The applicant argues that based on the General Rules for the Interpretation of the Customs Tariff Act, the goods should be classified under Tariff Heading 8517, specifically under sub-heading 8517 50 99. They also point out that countries like the U.K., the USA, and Australia have classified similar goods under the same heading. The designated Commissioner of Customs concurs with the applicant's classification, stating that the goods fall under Tariff Heading 8517 50 99 based on the description provided and technical characteristics outlined in the documents. The Commissioner's acceptance of the proposed classification indicates agreement with the applicant's interpretation. A detailed examination of Tariff Heading 8517, its relevant sub-headings, and tariff items reveals that Heading 8517 pertains to electrical apparatus for line telephony or line telegraphy, including various telecommunication systems. Sub-heading 8517 50 covers other apparatus for carrier-current line systems or digital line systems, with specific tariff items delineating different equipment falling under this sub-heading. After considering the Rules for interpretation and the description of the goods, the Authority for Advance Rulings rules that the Alcatel 1640 Fox is correctly classified under Tariff Item 8517 50 99. This decision is pronounced in an open court on November 24, 2005, affirming the classification sought by the applicant and accepted by the Commissioner of Customs.
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