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TMI BlogFTA benefit for a sub part importedX X X X Extracts X X X X X X X X Extracts X X X X ..... FTA benefit for a sub part imported X X X X Extracts X X X X X X X X Extracts X X X X ..... orted from Korea and Unit-2 will be imported from Vietnaam. • The components shall be assembled at XYZ location to form a Final Unit. The Company classified the said parts in the heading appropriate to the function being performed by Final Unit and the HSN for the same is 851762. • However, if each part were to be imported individually, not for the purpose of assembly into a Final Unit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , they would be classified under different HSN codes: 851779 for the Unit-1 and 851779 for the Unit-2. • ABC is currently meeting the FTA conditions under India Korea CEPA for Unit-1 and not for Unit-2. Whether the Company can claim exemption under the said FTA for Unit-1. Is there is any risk in this transaction Reply By Shilpi Jain: The Reply: It looks that the parts are imported from di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fferent exporters. In such case as per your explanation will that not fall under HSN 851779 as being imported individually? Reply By Narayana Chambers: The Reply: The NN 152/2009, Customs, dated 31-12-2009, prescribes the exemption to goods imported from Republic of Korea into India, under the India-Korea CEPA. Based on your query, we understand that the goods to be imported would be classified ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under HSN: 8517 79. In this regard, as per the NN 152/2009, the goods falling under Heading 8517 are not covered. The relevant portion of NN is quoted as under: SNo. Chapter, Heading Description of Goods Rate 821 851690 All Goods 0.00 822 851821 All Goods 0.00 Therefore, we conclude that goods falling under Heading 8517 are NOT eligible for exemption under India-Korea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CEPA. You may proceed accordingly. Reply By Abhijeet Mane: The Reply: Dear Narayana Chambers, Thank you for your detailed comments and time invested in the query, can we take benefit of Notification No Notification No. 151/2009-Customs New Delhi. In the said notification HSN 8517 All Goods are covered Reply By Narayana Chambers: The Reply: Dear Abhijeet-ji, Your understanding is correct. ..... X X X X Extracts X X X X X X X X Extracts X X X X .....
The goods classified under Heading 8517, would be exempt upon import into India, under India-Korea CEPA, (Entry no. 59, NN: 151/2009, Customs (Tariff), dated 31-12-2009).
Our earlier opinion stands amended.
The part imported in India from Republic of Korea, classifiable under Heading 8517, would be EXEMPT. X X X X Extracts X X X X X X X X Extracts X X X X
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