This guide will: 1. provide some or all of the commodity codes for particular items and types 2. explain the differences between codes or headings affecting these items 3. detail any exceptions or rules You will still need to look up the full commodity code to use on your declaration using the Trade Tariff Tool. Whether  at all the classification has been done correctly accordingly to the proper rules of classification; Whether the benefit of any exemption from duty partial or complete, is available appropriate to the relevant classification. The rate of custom duty varies from product to product. This document may qualify as a "guidance document" as set forth in Executive Order 13891 and interpretations thereof; such guidance documents are not binding and lack the force and effect of law, except as authorized by law or as incorporated into a contract. In ‘Essar Oil Limited V. Commissioner of  Customs (Preventive), Jamnagar’ – 2015 (1) TMI 262 - CESTAT AHMEDABAD the appellant is operating a Petroleum Oil Refinery at Vadinar, Gujarat. Why do I need a classification service? ... Harmonised System (HS) Classification of Goods. The Tribunal analyzed the Heading 3307. The appellant imported Qatar Low Sulphur Condensate (QLSC) classifying the same under Chapter Heading 2709 00 00 which was exempted vide Notification No. These headings exclude garments made from fabrics such as felt or other non-wovens which are classified under heading 6210. demand of duty for an extended back period of five years on grounds of suppression of facts, willful mis-representation or fraud, envisaged under section of the Act. Members || Goods you import into Australia require classification under the Customs Tariff Act 1995. 01/2011 dated 06.06.2011), customs duty on import of solar modules is waived off as it is classified under Customs Tariff Heads ('CTH') 8541 4011 which reads as 'Diodes, transistors and similar semi-conduction devices, including photovoltaic cells whether or not assembled in modules or made up in to panels; light emitting diodes, mounted piezo … It is settled proposition of law that chemical examiner can give opinion 9on chemical nature of goods tested and not on classification of goods. The correlation tables 2019 - 2020allow you to see if the classification codes you use ha… Feedback || According to data from the World Bank, dating back to 2015, the effectively applied tariff weighted average for imports is 3.95%, whereas the average for the most favoured nation principle is 8.95%. Normally, imported goods have to be classified ‘on merits’ under the Customs and Excise Tariffs for levy of duty. Structure of the Harmonised System (HS) The HS comprises 21 Sections covering 97 Chapters. Classification of goods under Customs Act is essential to decide the rate of duty. Rule 1 to Rule 4. Application for Customs Ruling on Classification of Goods. The Tribunal accepted the appeal of the assessee and classified the goods under Chapter Heading 4115 20 90 as ‘beef leather cut pieces set TCF 235 set’. Further it specifically satisfies conditions laid down in Notes 5(B)(b) and 5(B) (c) of Chapter 84 and therefore in view of Note 5(D), it is classifiable under Heading 8471 only. The Indian classification of the Customs Duty is based on the Harmonized Commodity Description (HS) and Coding system. In ‘Patwa Photo Studio V. Commissioner of Customs (Import),  Mumbai – I’ – 2014 (2) TMI 170 - CESTAT MUMBAI the Tribunal found that as per the catalogue the machine in question is capable of developing the films and thereafter printing the photographs as per the catalogue. Site Map - Recent || The Tribunal found that Procash 1500Xe not only dispense cash but also perform the other bank transactions like balance enquiry, cheque book request, statement request, pin change, fund transfer, mini statement etc., but not having the facility of the cash/cheque deposit. Disclaimer || It is also used to identify duty suspension, preferential rates, licencing requirements and additional duty due such as Anti-Dumping Duty amongst others. The appellant before the Adjudicating Authority also claims the classification under Heading 9010 of the Tariff which covers the apparatus and equipment for photographic films. We have a range of information and resources that will assist you to classify your goods. In a majority of cases this will be the only duty payable to Customs, or on some commodities you wont see this at all, as there's no duty payable. The Harmonised Commodity Description and Coding System, or simply the HS, is an international nomenclature (at 6-digit level) developed by the World Customs Organisation (WCO) for the classification of goods. The High Court further held that when several questions of fact as well as law would arise i.e., classification between steam and bituminous coal, properties of coal imposed by petitioner etc., which cannot be judged without adjudication by departmental authorities. It also serves to ensure that the goods are not listed under the prohibited import and export items of the Customs Order (Prohibition Regarding Imports) or (Prohibition Regarding Exports) or vice versa. There are three types of import duties: customs duty, import excise, and import VAT. As per the technical specifications the printer can print on paper, synthetics, labels, foils, thermostatic stocks. The same shall be construed as ATM in the absence of clear findings. In ‘Samsung India Electronics Private Limited V. Commissioner of Customs, Noida’ – 2015 (10) TMI 2258 - CESTAT NEW DELHI the Tribunal considered the issue to be decided is that whether Liquid Crystal Devices (LCDs) is classifiable under Tariff item 9013 80 10 or 8529 9090 of Customs Tariff Act, 1975. Further as statute provides mechanism for adjudication of disputes and as petitioner neither contended nor established any inherent lack of jurisdiction or gross violation of principles of Natural Justice on part of Adjudicating Authority. The Supreme Court allowed the appeal filed by the Revenue. This lengthy schedule provides rates of duty for each class of goods. This guidance will help you classify electric lamps. Customs follows Harmonized System of Nomenclature (HSN) systems of classification of goods. Such medals are marketed as items of numismatic interest, higher price per gram of gold/silver was to be charged from buyers as compared to other coins/medals of same purity. Contact us || These rules are nothing but a scientific set of principles which will be applied while arriving at a classification of a particular product. ||, Commissioner of Central Excise, Chennai V. Toyota Tsusho Private Limited’ – 2015 (12) TMI 480 - SUPREME COURT, ‘Samsung India Electronics Private Limited V. Commissioner of Customs, Noida’ – 2015 (10) TMI 2258 - CESTAT NEW DELHI, ‘Essar Oil Limited V. Commissioner of  Customs (Preventive), Jamnagar’ – 2015 (1) TMI 262 - CESTAT AHMEDABAD. It … CUSTOMS TARIFF R.13 1 INTRODUCTION GENERAL The Combined Australian Customs Tariff Nomenclature and Statistical Classification incorporates the Customs Tariff Act 1995 (Act No. These sections notes and chapter notes required to be carefully read before arriving at the classification. These are classified under heading 6101, 6102, 6201 or 6202. Every product has a specific classification code, otherwise known as a commodity code. As such the impugned LCSs are correctly classifiable under Heading 9013 of CTA, 1975. XVI of Customs Tariff Schedule, relied on by Revenue covered only goods under Chapters 84 and 85 and not applicable to Chapter 90 as per Note (1)(m) of Sec. Privacy Policy || In NY N311153, Customs and Border Protection (CBP) discussed the classification of disposable nonwoven face masks from China. The Advance Ruling Authority has classified similar product in case of M/s Technical Concepts International Limited under Heading 3307.49. The substantive relate to the following:-. This also sets out the general rules for classifying goods to an eight-digit level. However, on some commodities, you may find that there is more than one type of duty to pay. The appellants classified the gold medals under the heading 7108 12 00 and silver under 7106 92 90 and claimed the benefit of Notification No. The combined nomenclature explanatory notescontain useful information for understanding the various tariff headings, but is not legally binding. In ‘Binani Cements Limited V. Union of India’ – 2013 (7) TMI 798 - GUJARAT HIGH COURT the High Court held that the Court does not encourage litigation at the stage of the issue of show cause notice as noticee would have sufficient opportunity to meet with all obligations and produce such  material on record as may be required to refute the same. Classification of goods has an important bearing on a number of other connected questions of both substantive and procedural consequences. 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