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TMI Blog2021 (3) TMI 1328X X X X Extracts X X X X X X X X Extracts X X X X ..... e considered as preparation of betel nut that would make them classifiable under Chapter 21 by virtue of Supplementary Note 2 of Chapter 21. Alternatively, whether the processes carried out on the same for cleaning, preserving and making them more attractive to certain tastes/preferences are too minor to full short of rendering them as preparations of betel nuts. The three goods, namely API supari, Chikni supari and unflavoured supari are considered together - In these cases, one set of processes are found to be intended for cleaning; the second set for enhancing preservation; and third set for enhancing appearance or presentation, which are clearly covered by the Chapter Note 3 to Chapter 8. Addition of starch would be included under such processes. The applicant has contended that boiling of raw betel nut is a critical process, which changes the character of raw betel nut. However, in view of the Chapter Note referring to moderate heating, HSN Note and common understanding of boiling. The contention of the applicant cannot be agreed upon, regarding the exaggerated role of boiling in the process. Therefore, it is concluded that the processes to which raw betel nuts have been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plication was being processed in terms of Section 28-I ibid by the O/o AAR. Consequent upon the appointment of Customs Authority for Advance Rulings (CAAR, in short) in New Delhi and Mumbai with effect from 4-1-2021, the said application was transferred to CAAR, New Delhi in terms of Section 28F(3) ibid and Regulation 31 of CAAR Regulations, 2021. The aforesaid application is accordingly taken up for pronouncing ruling within three months of the receipt of the application. 3. The applicant was given an opportunity of hearing on 15-3-2021, wherein, they were, inter alia, advised to submit arguments as to why a consolidated ruling has been sought for tour goods in one application filed under Section 28H ibid. During the Personal Hearing held on 15-3-2021. Shri Harish Kohli, Advocate submitted that it was on account of the fact that all the four goods originated from the same raw material, viz. betel nut. In view of the fact that this consolidated application was filed before the AAR, related precedence and administrative convenience, the application seeking ruling on classification of four goods is being taken up together for decision. His submissions in support of claim that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fire gas rotary roaster, metal detection by magnetic metal detectors and packaging. Flavoured supari - All the processes undertaken in case of unflavoured supari plus sterilizing to remove/kill bacteria and flavouring in automatic blenders with outsourced liquid flavours such as perfumes, etc. in mega size automatic blenders with compound. 8. It is seen that there are two contending classification for the said four goods, i.e. Chapter 8, more specifically CTH 0802 90 00; and Chapter 21, more specifically CTH 2106 90 30. In the aforementioned backdrop, it is necessary to examine the contending chapters/CTH of the customs tariff. 9. Chapter 8, which covers Edible fruit and nuts; peel of citrus fruit or melons includes, inter alia, the following Note 3 :- 3. Dried fruits or dried nuts of this Chapter may be partially rehydrated, or treated for the following purposes : (a) For additional preservation or stabilization (for example, by moderate heat treatment, sulphuring, the addition of sorbic acid or potassium sorbate); (b) To improve or maintain their appearance (for example, by the addition of vegetable oil or small quantities of glucose syrup) : Provided t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the advance ruling on questions of classification of goods simply based on the previous ruling of AAR, even as I readily acknowledge the persuasive value of the same. Therefore, in arriving at my ruling, I also refer to the following judgments relied upon by the Customs Authority for Advance Rulings, Mumbai in his Ruling No. CAAR/Mum/ARC/1/2021, dated 15-3-2021 in the case relating to M/s. Samreen International Pvt. Ltd., Chennai [2021 (378) E.L.T. 680 (A.A.R. - Cus. - Mum.)], as extracted below : 13.1 M/s. Crane Betel Nut Powder Works, as per the Hon ble Supreme Court of India [2007 (210) E.L.T. 171 (S.C.)], were engaged in the business of marketing betel nuts in different sizes after processing them by adding essential/non-essential oils, menthol, sweetening agent etc., and were clearing the goods under Heading 2107 of the Central Excise Tariff and were paying duty accordingly. Subsequently, they filed a revised classification declaration under Rule 173B of the Central Excise Rules, 1944, with effect from 17th July, 1997, claiming classification of its product under sub-heading 0801 00 of the Central Excise Tariff. It was contended that the crushing of betel nuts into smaller ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , would be useful. It is seen that with respect to Chapter 8, the HSN prescribes the following as general guidelines :- Fruit and nuts of this Chapter may be whole, sliced, chopped, shredded, stoned, pulped, grated, peeled or shelled. The addition of small quantities of sugar does not affect the classification of fruit in this Chapter. 15. In this regard the concerned Principal Commissioner of Customs is of the opinion that only the preparations containing betel nuts fall under Chapter 21 and the whole nut even if split or ground does not fall under this chapter and are classifiable under CTH 0802. He has drawn attention to Note 6 to Chapter 21 of Central Excise Tariff, as reproduced below to propose that flavoured supari which contains flavouring materials like spices/or mulethi is classifiable under CTH 2106 : 6. In relation to product of tariff item 2106 90 30, the process of adding or mixing cardamom, copra, menthol, spices, sweetening agents or any such ingredients other than lime, katha (catechu) or tobacco to betel nut, in any form shall amount to manufacture. 16. During the personal hearing, Shri Harish Kohli, Advocate explained the process of prepara ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has contended that boiling of raw betel nut is a critical process, which changes the character of raw betel nut. However, in view of the Chapter Note referring to moderate heating, HSN Note and common understanding of boiling. I am unable to agree to the contention of the applicant regarding the exaggerated role of boiling in the process. Therefore, I conclude that the processes to which raw betel nuts have been subjected to obtain API supari, Chikni supari and unflavoured supari are in the nature of processes referred to in the Chapter Note 3 to Chapter 8 and HSN Note. Therefore, at the end of the said processes, the betel nuts retain the character of betel nut and do not qualify to be considered as preparations of betel nut, classifiable under Chapter 21. 19. In the case of flavoured supari, the question to be answered is whether the addition of special flavouring agents would render the betel nuts into preparations of betel nuts, classifiable under Chapter 21. In this regard, the concerned Principal Commissioner has also opined, citing reference to Central Excise Tariff, that flavoured supari is classifiable under Chapter 21. I find that the reference by the Principal Commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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