1992 (11) TMI 173 - AT - Customs

Summary

Issues:
Import classification under Tariff Heading 9018.90 with benefit of Notifications 208/81 and 93/90 for Scalp Vein Set (Butterfly Needle) and Infusion Set.
Interpretation of ITC Policy Appendix 6, List 2, S. No. 10 for clearance of goods.
Applicability of duty rates under Notifications 65/88 and 193/90.
Benefit of Open General License (OGL) for imported articles.

Analysis:
The case involved the import of Scalp Vein Set (Butterfly Needle) and Infusion Set under Tariff Heading 9018.90 with the benefit of Notifications 208/81 and 93/90. The dispute arose regarding the classification of the goods under the ITC Policy Appendix 6, List 2, S. No. 10. The lower authorities initially held that the goods were not covered under the relevant entry of the ITC Policy, leading to a consideration of duty rates under Notifications 65/88 and 193/90.

The adjudicating authority examined whether the imported consignment of Scalp Vein Set was rightly covered under the specified entry and entitled to duty-free clearance under Notification 208/81. The authority concluded that the goods did not fall under the category of I.V. Cannulae for long-term use and were liable for duty under Notification 65/88 as an infusion set at a specific rate.

Regarding the Infusion Set, the authority analyzed the changes in the ITC Policy entry and determined that the goods were not covered before a specific date due to a printing error. The authority highlighted the requirement of a specific license for certain goods and indicated that the imported Infusion Set was not eligible for the benefit of OGL.

The appellants argued for the combined benefit of OGL for both the Scalp Vein Set and Infusion Set, emphasizing the quantity of each article in the consignment. However, the tribunal found that the correction made to the ITC Policy entry did not support the appellants' claim for combined benefits. The tribunal upheld the lower authorities' findings regarding the ineligibility of the Infusion Set for OGL benefits.

In conclusion, the tribunal rejected the appeal, affirming the lower authorities' decision on the classification and benefits under the ITC Policy and Notifications. The judgment emphasized the specific requirements and changes in the policy entries to determine the eligibility of imported goods for duty rates and benefits.