2000 (6) TMI 71 - AT - Customs

Summary

Issues Involved:
1. Classification of the imported "Mobile continuous Ship Unloader Completely Assembled" under the appropriate tariff heading.
2. Applicability of Project Imports Regulations, 1986.
3. Authority and procedure of Customs in re-classifying imported goods.
4. Interpretation of "Transmission Equipment" and "Auxiliary Equipment" under Heading 98.01.
5. Precedents and judicial interpretations relevant to the case.

Detailed Analysis:

1. Classification of the Imported Goods:
The primary issue was whether the imported "Mobile continuous Ship Unloader" should be classified under Heading 9801.00 as claimed by the importer or under Heading 8428.39 as determined by the Customs House. The Assistant Commissioner of Customs initially classified the unloader under Heading 8428.39, arguing it was not integral to the fertilizer manufacturing project but merely for unloading raw materials.

2. Applicability of Project Imports Regulations, 1986:
The contract for importing the ship unloader was registered under the Project Imports Regulations, 1986. The importer argued that once a contract is registered under these regulations, the goods should automatically be assessed under Heading 98.01. The Customs House, however, initiated proceedings for short levy of duty, contending that the unloader did not qualify under this heading.

3. Authority and Procedure of Customs in Re-classifying Imported Goods:
The Customs authority provisionally assessed the goods under Heading 98.01 but later re-classified them under Heading 8428.39, demanding differential duty. The tribunal observed that the Customs authority is vested with the statutory power under Section 28(1) of the Customs Act, 1962, to decide on the classification and valuation of imported goods. The tribunal found no procedural infirmity in the Customs authority's action to re-classify the goods and demand additional duty.

4. Interpretation of "Transmission Equipment" and "Auxiliary Equipment" under Heading 98.01:
The tribunal examined whether the ship unloader could be classified as "transmission equipment" or "auxiliary equipment" under Heading 98.01. The tribunal noted that the Project Imports Regulations, 1986, apply to goods falling under this heading and that the definition of "industrial plants" includes systems designed for manufacturing processes. The tribunal concluded that the ship unloader, being essential for unloading raw materials directly onto the conveyor system for transmission to the plant, qualifies as "auxiliary equipment" necessary for the initial setup of the fertilizer project.

5. Precedents and Judicial Interpretations:
The tribunal considered several precedents cited by the importer, including the Supreme Court judgments in CCE v. Rajasthan State Chemical Works and Union of India v. Indian Charge Chrome. The tribunal distinguished the current case from these precedents, noting that the facts and legal contexts were different. The tribunal also referred to the Larger Bench decision in National Aluminium Co Ltd. v. Collector of Customs, which emphasized the authority of Customs in classification matters and the specific language of Heading 98.01.

Conclusion:
The tribunal concluded that the ship unloader should be classified under Heading 98.01 as "auxiliary equipment" required for the initial setting up of the fertilizer project. Consequently, the importer had correctly discharged their duty liability under this heading, and no differential duty was payable. The appeal was allowed, and the order of the lower appellate authority was set aside.