Classification of Imported and Export Goods – CA Final IDT Study Material

Classification of Imported and Export Goods – CA Final IDT Study Material is designed strictly as per the latest syllabus and exam pattern.

Classification of Imported and Export Goods – CA Final IDT Study Material

Question 1.
Write a brief note with specific reference to Rule 1 of Interpretation of the First Schedule to Customs Tariff Act, 1975 [Nov. 2010, 4 Marks]
Answer:
Rule 1: No ambiguity in classifications:

  • The chapter title is only for reference (for the sake of convenience)
  • classification is always done
  • using section and chapter notes.
  • Further if headings and section/chapter notes
  • do not otherwise require
  • classification shall be as per Rule 2, 3, 4, 5 or 6
  • It means mere reading of the heading may not be enough all goods will not necessarily be classified under that chapter.

Example:
Chapter 39 is titled “Plastic” but all Plastics cannot be classified under that heading. The chapter notes, specifically excluded plastic toys, watches, automobile parts etc.

Classification of Imported and Export Goods – CA Final IDT Study Material

Question 2.
Briefly explain the provisions of Rule 2(a) of Rules of Interpretation of the First Schedule to the Customs Tariff Act, 1975 on classification of incomplete/unfinished articles. [Nov. 2018 (Old), 4 Marks]
Answer:
The Provisions of Rule 2(a) of Rules of Interpretation of the First Schedule to the Customs Tariff Act, 1975 on classification of incomplete/unfinished articles are as under:-
Any semi-finished goods or unfinished goods should be classified as finished goods, if they contain essential character of finished goods.

Example:

  1. A cycle without seat, classified as a finished goods cycle.
  2. Passenger coach without seat classified as a finished goods passenger coach.

Notes:

  1. Goods removed in (SKD/ CKD) classified as Final Product not as part.
  2. Goods that do not require complicated process to make finished goods.
  3. Reference to an article will also include the article complete or finished (or failing to be classified as complete or finished) presented un-assembled or dis-assembled.

Question 3.
Short note on Rule 2 of General Interpretation Rules?
Answer:
Rule 2

RULE NO. 2(a)
Any semi-finished goods or unfinished goods should be classffied as finished goods, if they contain essential character of finished goods.

Example:

  1. A cycle without seat, classified as a finished Good cycle.
  2. Passenger coach without seat classified as a finished goods passenger coach.
    Notes:
  3. Goods removed in (SKD/CKD) classified as Final Product not as part.
  4. Goods that do not require complicated process to make finished goods.

RULE NO. 2(b)
Reference to material/substance, to include reference to mixtures or combination of that material/substance
Any reference to goods of a given material or substance shall be taken to include a reference to goods consisting wholly or partly of such material or substance.

Example:

  1. Gold classification shall also consist of articles partly made up of gold.
  2. Steel with carbon classified as steel only.
  3. Gold with copper will be classified as ‘Gold’ Plastic bucket with iron handle to be classified as plastic article.

But if such goods consist of more than one material or substance and each such substance is equally significant, classification, shall be made according to the principle specified in Rule 3.

Classification of Imported and Export Goods – CA Final IDT Study Material

Question 4.
Briefly Explain Rule No. 3 of General Interpretation Rules?
Answer:
Rule 3(a)
In case of any conflict between 2 headings, prefer the specific heading rather than general headings.
Example:
If there are two headings:

1. Heading No. 8215:
Spoons, forks, ladles, skimmers, fish-knives etc.
2. Heading No. 7323: Table, kitchen or other household articles of iron and steels.
Spoon will be classified under 8215.

Rule 3(b)
When no specific heading is given, classification should be based on essential character

Example:

  1. Book with CD classified as Book.
  2. Printer with fax/scanner classified as printer.
  3. Mobile with camera, MP3 etc. classified as Mobile.
  4. A lock of vehicle with alarm is to be classified as ‘lock’ not ‘burglar or fire alarm’ as lock is the main line of defense and alarm is only secondary to security of the moving object.

Rule 3(c)
If there are two headings, prefer the later (the later is better).
This rule is also known as ‘latter the better maxim‘.

Example:
if there are two headings:
1. Heading No. 4010: Conveyor transmission belting
2. Heading No. 5910:
Transmission belting, conveyor belting or textile material conveyor and transmission belting.

Question 5.
(a) What is the purpose of the interpretation rules regarding custom tariff?
(b) Do they form part of the tariff schedule?
(c) Briefly explain Akin Rule of Interpretation. [May 2012 3 Marks]
Answer:

Case Answer’                                                               :
(a) Purpose of interpretation rules The purpose of Interpretation Rules of Customs tariffs is:
(i) to give clear direction as to how the nomenclature in the Schedule is to be interpreted and
(ii) to give statutory force to the Interpretation Rules and the general explanatory notes.
Part of the tariff schedule The Interpretation Rules are integral part of the Schedule.
Akin Rule of Interpretation Rule 4 of the Rules of Interpretation is called as Akin Rule, this rule lays down that goods which cannot be classified in accordance with Rules 1, 2 and 3 of the Rules of Interpretation would be classified under the heading appropriate to the goods to which they are most akin

Case Laws – Atherton Engineering Co. Pvt. Ltd. v. UOI 2010(256) ELT 358(Cal.).

Question 6.
ABC Company Ltd., has Imported brine shrimp eggs. This was classffied as ‘Prawn feed” for customs duty purposes under chapter heading No. 2309 of the Customs Tariff Schedule which includes use as animal feed. The department’s view was that this should be classified under chapter heading No. 051199 as non-edible animal products unfit for human consumption. M/s. ABC Co. provided literature to support their contention that the Imported material contained little organisms/embryos which later became larva that were fed to the prawns.

Therefore according to the importer the nature and character of the product was not changed or altered by nurturing or Incubatloit Hence the classification should be as prawn feed under chapter beading No. 2309. Decide with the help of case law If any whether the contention of the assessee, M/s. ABC Co. is correct in law. [May 2011, 5 Marks]
Answer:
Facts of the given

  • ABC Company Ltd., has imported brine shrimp eggs.
  • Classified as ‘Prawn feed” for customs duty purposes, which includes use case as animal feed.
  • The department’s view was different.

Relevant case law

  • The facts of the given case are similar to the case of Atherton Engineering Co. Pvt. Ltd. v. UOI 2010 (256) ELT 358 (Cal.).
  • In the instant case, the Court/Tribunal noted that it was the use of the product that had to be considered in the instant case.
  • If a product undergoes some change after importation till the time it is actually used, it is immaterial, provided it remains the same product and it is used for the purpose specified in the classification.

The Court/Tribunal opined that if the embryo within the egg was incubated in controlled temperature and under hydration. A larva was born. The larva did not assume the character of any different product. Its nature and
characteristics were same as the product or organism which was within the egg.

Hence, the Court/Tribunal held that the said product should be classified as feeding materials for prawns under the heading 2309. These embryos might not be proper prawn feed at the time of importation but could become so, after incubation.

Decision
Yes, the contention of the assessee is justified in law.

Classification of Imported and Export Goods – CA Final IDT Study Material

Question 7.
M/s Hind IT Co. imported laptops with Hard Disc Drivers (HDD) pre-loaded with operating software like Windows XP, XP home etc. The department has claimed that the said laptop along with the operating software was classifiable and assessable as a single unit. It is the claim of the assessee that the software loaded HDD should be classified and assessed separately as an exemption is available as per notification issued under Sec. 25(1) of the Customs Act, 1962. Decide with a brief note whether the action proposed by the department is correct in law. [May 2008, 4 Marks]
Answer:
Facts of the given case

  • M/s Hind IT Co. imported laptops with Hard Disc Drivers (HDD) pre-loaded with operating software.
  • The department has claimed that the said laptop along with the operating software was classifiable and assessable as a single unit.

Relevant case law

  • The matter given in the instant question is based upon Hewlett Packard India Sales (P.) Ltd., in which the Apex Court held that, a Laptop imported with in-built pre-loaded operating system recorded on hard disc drive, then
    • Laptop is treated as one single unit classifiable under separate heading and
    • the operating software, recorded on hard disk drive is classified separately as “Software”.

Decision

  • So, the department claim that laptop along with software must be classified as a single unit is not correct in Law.
  • Here the importer will be entitled to have the exemption on import software,
    as per notification issued under Section 25 of the Customs Act, 1962.

Question 8.
Explain briefly Tariff value with reference to the provisions of the Customs Act, 1962. [May 2008, 2 Marks]
Answer:
As per Section 14(2) of the Customs Act, 1962: The Central Board of Indirect Taxes & Custom (CBIC) is empowered to fix the value of any imported goods or export goods, by Notification in Official Gazette.

  1. It is fixed, after considering the trend of value of such goods or like goods;
  2. Tariff-Value prevails over the transaction value computed u/s 14(1) of Customs Act, 1962.

Question 9.
Explain with a brief note how the duty is arrived under the Customs Act, 1962 where the imported goods consist of articles liable to different rates of duty. [Nov 2009, 2 Marks]
OR
Explain with a brief note with reference to the Customs Act, 1962 how duty ought to be determined where the imported goods consist of articles liable to different rates of duty and imported as a “set of articles”. [Nov. 2011, 3 Marks]
Answer:
Classification of Goods and Charging of Duty (Goods in Set) [Section 19]
Set comprises more than one Article

Case 1: Parts and Accessories:

i. Essential: These Parts and Accessories are chargeable to duty at the same rates as the main article if

  • These are imported along with the articles
  • The officer is satisfied that Parts and Accessories are compulsorily supplied with the
    article.

ii. Additional: Excess Quantity is chargeable to duty as if it has been imported as an article

Case 2 : Other than Parts and Accessories:

Cases Rate of Duty
(a) Same Rate of Duty applicable on all articles. Duty shall be charged at the rate.
(b) Different Rates of Duty on all articles. Chargeable to duty at the highest rate.
(c) Articles which are not liable to duty. Charged at the highest of the rates specified in (b) and above.

Question 10.
Mr. X has imported a machine from Japan In June 2018 for ₹ 50 lakhs. However, the machine was exported back In December 2018 for repairs. The supplier has agreed to carry out the repairs as the machine was still in warranty period, which would normally take 6 months. The fair cost of the repairs will cost ₹ 10 lakhs.

In the mean-time, Mr. X has requested the supplier to provide him another machine so that he can carry out his operations without hindrance. According to the request, the supplier has provided him with another machine which was imported during February 2019. The value of the new machine is ₹ 55 lakhs. Freight charges Incurred were ₹ 2 lakhs. You are required to compute the Assessable value and Total duty payable for the above transaction of replacement. Customs duty is 10% and IGST is 12%. Social Welfare Surcharge to be taken at 10%. [Nov 2019, 5 Marks]
Answer:
Tutorial Note: Special provisions relating to payment of concessional duty in case of re-importation of goods exported for repairs are not applicable in the given case as the goods exported for repairs and the re-imported goods are not the same. Therefore, full customs duty will be payable on the machine received as replacement.
Computation of assessable value and total duty payable

Particulars Amount
Value of New Machine (Presumed to be FOB price) 55,00,000
Add. Freight Charges 2,00,000
Add. Insurance Charges (1.125% of ₹ 55,00,000) 61,875
CIF Value/AV 57,61,875
Basic customs duty 10% of ₹ 57,61,875 5,76,187.5
Social welfare surcharge 10% of 5,76,187.5 57,618.75
Total Value as per sec. 3(8) of Customs Tariff Act 63,95,681.25
IGST @12% on ₹ 63,95,681.25 7,67,481.75
Cost of Import 71,63,163

Calculation of total Duty Payable

Basic customs duty 5,76,187.5
Social welfare surcharge 57,618.75
Integrated Tax 7,67,481.75
Total 14,01,288

Question 11.
Kankan Corp had imported a machine from USA for ₹ 365 lakh on payment of appropriate customs duty in February. However, in July, the machine had to be sent back to the supplier for repair (not amounting to manufacture) from the factory of Kankan Corp. This machine was repaired and thereafter, re-imported by Kankan Corp in November next year. The supplier has agreed to provide discount of 60% of the fair cost of repairs, resulting in Kankan Corp paying USD 12,000.
Following further particulars are available:

Particulars Date Rate of Duty Inter Bank Exchange rate Rate notified by CBEC
Bill of Entry 21st February 1296 61.40 62
Aircraft arrival 26th February 1596 62.50 63.25

Integrated tax is leviable @ 12%.

Outwards (Amt. in ₹) Inwards (Amt. in ₹)
Insurance 23,000 27,000
Air Freight 93,500 1,06,500

Determine total duty payable with appropriate notes for your computation assuming that Kankan Corp is not an EOU. [RTP May 2020]
Answer:
Statutory Provision:
Notification No. 45/2017 Cus. dated 30.06.2017 stipulates that in case of re-importation of goods exported for repairs, duty is payable on fair cost of repairs carried out, insurance and freight charges – both ways, subject to fulfilment of following conditions:-
(a) The time limit for re-importation is 3 years
(b) The exported goods and the re-imported goods must be the same.
(c) The ownership of the goods should not have changed.
Since all the specified conditions are fulfilled in the given case, total duty payable will be computed as under:-

Computation of total duty payable by Kankan Corp.

Particulars
Fair cost of repairs (in dollars) = $12,000/4096 $ 30,000
Fair cost of repairs (in rupees) 18,60,000.00
= $30,000 × ₹ 62 [Note-1]
Add Inward and outward insurance [₹ 23,000 + ₹ 27,000] 50,000.00
Add Inward and outward air freight [₹ 93,500 + ₹ 1,06,500] 2,00,000.00
Assessable Value 21,10,000.00
Add Basic customs duty (BCD) @1596 [Note-2] 3,16,500.00
Add: Social Welfare Surcharge @ 1096 of BCD 31,650.00
Value for computing IGST 24,58,150.00
IGST @ 1296 2,94,978.00
Total duty and tax payable [₹ 3,16,500 + ₹ 31,650 + ₹ 2,94,978] 6,43,128

Notes: –
1. Rate of exchange notified by the CBEC on date of presentation of bill of entry would be the applicable rate in terms of third proviso to section 14(1) of the Customs Act, 1962.
2. Rate of duty is the rate in force on date of presentation of bill of entry or arrival of aircraft, whichever is later in terms of provisio to section 15(1) of the customs Act, 1962.

Leave a Comment

Your email address will not be published. Required fields are marked *