1996 (9) TMI 376 - AT - Customs

Summary

Issues Involved:
1. Classification of imported goods as "electronic tubes" or "discharge lamps."
2. Eligibility for concessional rate of duty under Notification No. 232/83.
3. Relevance of expert certification from the Department of Electronics (D.O.E.).
4. Interpretation of relevant tariff headings under CCCN, HSN, and Customs Tariff.

Issue-wise Detailed Analysis:

1. Classification of Imported Goods:
The respondents imported Ring Tube (Xenon Flash Tube) and claimed clearance under OGL Appendix 6(1) as parts and at a concessional rate of duty under Notification No. 232/83 as electronic tubes. The Assistant Collector classified the goods under Heading No. 85.18/27(4) as discharge lamps, denying the exemption benefit. The Collector (Appeals) accepted the respondents' petition, granting the relief prayed for.

The department contended that the goods were discharge lamps, not electronic tubes, supported by the catalogue showing the manufacturer as a bulb factory and the goods used for producing high-intensity light. The Chambers Dictionary of Science and Technology and CCCN/HSN headings distinguished between electric light lamps and electronic valves and tubes, supporting the classification as discharge lamps.

2. Eligibility for Concessional Rate of Duty:
The eligibility for concessional assessment under Notification No. 232/83 depended on whether the item was an electronic tube. The respondents provided a certificate from the D.O.E. and a catalogue demonstrating the item as an electronic tube. According to the book "Electronics in Industry," some electric lights are electronic if their circuit includes an electron tube or solid-state device. The catalogue for "xenon flash tubes" indicated that the electron flow excites the electrons in the gas, releasing energy as light, supporting the contention that these are electronic tubes.

3. Relevance of Expert Certification from D.O.E.:
The respondents argued that the D.O.E. certificate should be given due weight, as held in previous cases. The department countered that the D.O.E. letter was advisory and not binding, emphasizing that determining eligibility for customs notifications was the customs authorities' job. The letter from the D.O.E. indicated that flash tubes could be considered electronic valves and tubes but did not explicitly state that discharge lamps could be considered electronic items under the Notification.

4. Interpretation of Relevant Tariff Headings:
The tribunal considered the broader context of Chapter 85, which covers electrical machinery and equipment, including electronic circuits and semiconductor devices. The classification under Heading 85.18/27 does not exclude the item from being considered electronic. The HSN Heading 85.39 covers electric filament or discharge lamps, including flash discharge lamps used in photography, aligning with the description of the imported item.

The tribunal emphasized that the term "electronic tube" includes various types of tubes used for different purposes, including lighting. The catalogue and technical literature supported the classification of the xenon flash tube as an electronic tube, eligible for concessional assessment under Notification No. 232/83.

Conclusion:
The tribunal concluded that the imported item is an electronic discharge lamp in the form of a tube, falling under HSN Heading 85.39 and Customs Tariff Heading 85.18/27(4). The Notification No. 232/83 exempts goods falling within Chapters 38, 84, 85, 90, or 92, subject to certification by an authorized body. The D.O.E. letter confirmed the respondents as Actual Users (Industrial), satisfying the condition for concessional assessment. The tribunal upheld the Collector (Appeals) order, rejecting the department's appeal.