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2021 (8) TMI 729 - AAR - CustomsClassification of goods - API supari - chikni supari - unflavoured supari - flavoured supari - boiled supari - to be classified under sub-heading 21069030 of the first schedule to the Customs Tariff act, 1975? - HELD THAT - Classification of API supari, chikni supari, unflavoured supari, and flavoured supari was a subject matter in another advance ruling application. In the Ruling IN RE M/S. SAMREEN INTERNATIONAL PVT. LTD. 2021 (3) TMI 1237 - CUSTOMS AUTHORITY FOR ADVANCE RULINGS , I had the occasion to examine in detail the contentions of the applicant, the contending tariff entries, the relevant chapter and section notes, as well as the explanatory notes to the harmonised commodity classification system of the World Customs Organisation - It was concluded that all the five products placed before me for considerotion, i.e., API supari, chikni supari, unflavoured supari, flavoured supari, and boiled supari merit classification under chapter 8 of the customs tariff, and more precisely, under the heading 0802, and not under sub-heading 21069030, as contended. Accordingly, it is held that the benefit of the exemption contained at Sr. No. 103 of the Notification to. 50/2017-Cus., dated 30.06.2017 would not be available to the products, namely, API supari, chikni supari, unflavoured supari, flavoured supari, and boiled supari. The conclusions in the said proceedings remain equally valid in the present proceedings considering the fact that the products in question are identical. Therefore, in view of the aforesaid, any ruling in respect of boiled supari not given - In respect of the products API supari, chikni supari, unflavoured supari, and flavoured supari, it is held that their correct classification is heading 0802 of the first schedule to the Customs Tariff Act, 1975.
Issues Involved:
1. Classification of API supari, chikni supari, unflavoured supari, flavoured supari, and boiled supari under the Customs Tariff Act, 1975. 2. Applicability of previous legal precedents and rulings. 3. Examination of processes undertaken on raw areca nuts to determine classification. 4. Validity of the benefit of exemption under Notification No. 50/2017-Cus., dated 30.06.2017. Detailed Analysis: 1. Classification of API supari, chikni supari, unflavoured supari, flavoured supari, and boiled supari under the Customs Tariff Act, 1975. The applicants sought classification of five products under sub-heading 21069030 of the Customs Tariff Act, 1975. The products in question have raw areca nut/betel nut as the primary ingredient, and the processes undertaken include boiling, slicing, drying, polishing, and adding flavors or spices. The Principal Commissioner of Customs argued that these products do not undergo significant changes and should remain classified under chapter 8, specifically under heading 0802. 2. Applicability of previous legal precedents and rulings. The Principal Commissioner referenced previous rulings by the erstwhile AAR, New Delhi, and the Supreme Court decision in the case of M/s. Crane Betelnut Powder, which held that pure betel nut products do not merit classification under sub-heading 21069030. The applicants, however, cited the decision of the Hon’ble High Court of Madras in the case of M/s. Isha Exim and argued that the ruling of the erstwhile AAR in the case of M/s. Oliya should be followed. The Chennai Bench of the CESTAT also held that boiled supari merits classification under sub-heading 08028010. 3. Examination of processes undertaken on raw areca nuts to determine classification. The processes undertaken on the raw betel nuts were examined to determine whether they result in products that can be described as preparations containing betel nut. The processes included cleaning, removal of impurities, cutting, slicing, drying, polishing, boiling, roasting, and adding flavors or spices. The ruling emphasized that these processes do not significantly alter the character of the raw material, i.e., areca or betel nuts, and thus do not warrant reclassification under chapter 21. The ruling referenced the Harmonized Commodity Description and Coding System (HSN) guidelines, which indicate that such processes do not change the classification of the product under chapter 8. 4. Validity of the benefit of exemption under Notification No. 50/2017-Cus., dated 30.06.2017. The ruling concluded that the products in question, namely API supari, chikni supari, unflavoured supari, flavoured supari, and boiled supari, do not merit classification under sub-heading 21069030. Consequently, the benefit of the exemption contained at Sr. No. 103 of the Notification No. 50/2017-Cus., dated 30.06.2017, would not be available to these products. Conclusion: In conclusion, the ruling determined that the correct classification for API supari, chikni supari, unflavoured supari, and flavoured supari is under heading 0802 of the first schedule to the Customs Tariff Act, 1975. The ruling refrained from issuing any classification for boiled supari due to existing decisions by the Appellate Tribunal or any Court. The benefit of the exemption under Notification No. 50/2017-Cus., dated 30.06.2017, is not available for these products.
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