2005 (11) TMI 98 - AAR - Customs

Classification of goods - Alcatel Submarine Line Terminating Equipment - Whether Alcatel Submarine Line Terminating Equipment Models prior to 1620/1626 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, mentioned above, we rule that Alcatel Submarine Line Terminating Equipment (Models prior to 1620/1626) is classifiable under Tariff Item 8517 50 99.

Summary

Issues Involved:
Classification of Alcatel Submarine Line Terminating Equipment under Customs Tariff Act, 1975.

Detailed Analysis:
In this case, M/s. Alcatel India Limited, a subsidiary of Alcatel, France, sought an advance ruling under Section 28H of the Customs Act, 1962, regarding the classification of Alcatel Submarine Line Terminating Equipment Models prior to 1620/1626 for import into India. The applicant argued that the equipment falls under Tariff Heading 8517 based on Rule 1 of the General Rules for the Interpretation of the Customs Tariff Act, 1975. The equipment is designed for telecommunications systems managing data between submerged equipment and land-based systems, allowing for modular upgrades without significant disruption. The Commissioner of Customs supported the applicant's classification, concluding that the equipment should be classified under Tariff Heading 8517 50 99. The ruling accepted the proposed classification by the applicant, aligning with the Commissioner's opinion.

The relevant Tariff Heading 8517 deals with electrical apparatus for line telephony or telegraphy, including various telecommunication systems and devices. The sub-heading 8517 50 further specifies other apparatus for carrier-current line systems or digital line systems, with various tariff items detailing specific equipment under this classification. The ruling determined that the Alcatel Submarine Line Terminating Equipment falls under Tariff Item 8517 50 99 based on a combined reading of Rules 1 and 6 of the Customs Tariff Act, 1975. The decision was pronounced in court on November 24, 2005, confirming the classification of the equipment under the specified tariff item.

This judgment provides clarity on the classification of specialized telecommunication equipment under the Customs Tariff Act, 1975. It underscores the importance of applying the General Rules for the Interpretation of the Customs Tariff Act to determine the appropriate classification of goods for customs duty purposes. The ruling demonstrates a thorough analysis of the equipment's design and functionality to arrive at a conclusive classification under the specified tariff item, ensuring consistency and compliance with the customs regulations.