RULINGS
NEW DELHI
CENTRAL EXCISE, CUSTOMS AND SERVICE TAX
Ruling No. AAR/20(Cus)/2005 in Application No. AAR/44(Cus)/32/2005
Decided On: 24.11.2005
Appellants: Alcatel India Ltd.
Vs.
Respondent: Commissioner of Customs
Hon’ble Judges:
Syed Shah Mohammed Quadri, J. (Chairman), Somnath Pal and B.A. Agrawal, Members
Counsels:
For Appellant/Petitioner/Plaintiff: None
For Respondents/Defendant: A.K. Roy, Joint CDR CESTAT
Subject: Customs
Acts/Rules/Orders:
Customs Act, 1962 – Section 28H; Customs Tariff Act, 1975; Customs Tariff Rules – Rules 1 and 6
JUDGMENT
Syed Shah Mohammed Quadri, J. (Chairman)
1. In this application under Section 28H of the Customs Act, 1962 (for short “the Act”), M/s. Alcatel India Limited, a wholly owned subsidiary of Alcatel, France, proposes to import into India the latest technology equipment of Optical Networking/GSM equipment etc. To ascertain its customs duty liability in regard to the hardware and optical fibre cables for submarine telecommunications systems, it seeks advance ruling of the Authority on the following question:
“Whether 1640 Dense Wavelength Division Multiplexer Node to be imported into India, is classifiable under Heading No. 8517 5099 of the First Schedule of the Customs Tariff Act, 1975.”
The Alcatel 1640 WM Telecommunication Equipment (1640 WM) (for short “the goods”) is a hybrid of optical, electronic and mechanical systems that forms part of a telecommunication system for use in transmission of aggregate data. The goods are multi wavelength transmission system with Software reconfigurable Add and Drop functionality. It can transmit signals, one pair of fibre, up to 320 channels (160 channels for single fibre) that can support any type of asynchronous traffic with bit rate from 100 Mb/s to 2, 5 Gb/s and synchronous STM-16 and STM-64 traffics. The goods include standard transponders, optical adapters and concentrators. It is submitted that in accordance with Rule 1 of the General Rules for the Interpretation of the First Schedule to the Customs Tariff Act 1975 (for short “the Rules”) the goods are classifiable under Tariff heading 8517; in accordance with Rule 6, these goods will fall under sub-heading 8517 50 and that the appropriate tariff heading is 8517 50 99. It is added that the U.K. has classified the said goods under tariff heading 8517 50.
2. In his comments the designated Commissioner of Customs states as follows:
“Comments: On the basis of description of goods given in Annexure II and product Application given in Technical documents, it appears that the party’s contention that in accordance with Rule 1 of the General Rule of interpretation, these goods are classified under tariff heading 8517 Electrical apparatus for line telephony or line telegraphy, including line telephone sets with cordless handsets and telecommunication apparatus for carrier – current line systems or for digital line systems; videophones is correct. The product is an equipment meant for Telecommunication functions and merits classification under Tariff heading 85175099 of the First Schedule.
Conclusion: In view of above, proposed classification of item under tariff heading 8517 5099 may be accepted.”
3. It is evident that the proposed classification by the applicant is accepted by the Commissioner of Customs.
4. Tariff heading 8517 , the relevant sub-heading and the tariff items read as follows:
TARIFF HEADING 8517
Tariff Item Description of goods
8517 Electrical apparatus for line telephony or line
telegraphy, including line telephone sets with
cordless hand-sets and telecommunication apparatus
for carrier-current line systems or for digital line
systems; video-phones
Heading 8517 deals with electrical apparatus for line telephony or line telegraphy including line telephone sets with cordless hands-sets and telecommunication apparatus for carrier-current line systems or for digital line systems.
SUB-HEADING AND TARIFF ITEMS
Tariff Item Description of goods Unit Rate of duty
Standard Preferential
Areas
(1) (2) (3) (4) (5)
8517 50 - Other apparatus, for carrier-
current line systems or for
digital line systems:
8517 50 10 -- PLCC equipment u Free -
8517 50 20 -- Voice frequency telegraphy u Free -
8517 50 30 -- Modems (modulators- u Free -
demodulators)
8517 50 40 -- High bit rate digital subscriber u Free -
line system (HDSL)
8517 50 50 -- Digital loop carrier system u Free -
(DLC)
8517 50 60 -- Synchronous digital hierarchy u Free -
system (SDH)
8517 50 70 -- Multiplexer, statistical u Free -
multiplexer
--- Other:
8517 50 91 --- ISDN terminals u Free -
8517 50 92 --- ISDN terminal adapters u Free -
8517 50 93 --- Routers u Free -
8517 50 94 --- X25 pads u Free -
8517 50 99 --- Other
On a combined reading of Rules 1 and 6 of the Rules and the terms of the heading, sub-heading and tariff items, having regard to the description of the goods, given above, we rule that Alcatel 1640 Dense Wavelength Division Multiplexer Node is classifiable under tariff item 8517 50 99.
Pronounced in the open Court on this 24th day of November, 2005.