Regarding classification and dutiability of plastic pipes and other
plastic items used in the manufacture of Sprinkler Irrigation Equipment
Circular
No. 380
dated 16th March 1998
I
am directed to say that a doubt has been raised regarding classification of
plastic pipes, pipe fittings and other plastic components of sprinkler
irrigation equipment; whether they would be classifiable under sub-heading
8424.91, as parts of Sprinkler Irrigation Equipments and be charged at the
applicable rate of duty or they will be classifiable as articles of plastics and
assessed to duty, where no exemption is available.
2.
The matter has been examined by the Board. Plastic pipes and tubes are
found to be used as parts of the sprinkler irrigation equipment. However, these
plastic pipes and tubes are not specific to the irrigation equipments alone and
can be used for general purposes as well, thereby making them not suitable
for use, solely or principally with the irrigation equipments. Rule-3 of the
Interpretative Rules states that when goods are prima facie classifiable under
two or more headings, the heading which provides the most specific description
will be preferred to a more general description. Since plastic pipes are very
specifically described in heading No. 39.17, they may be classified accordingly
under heading No. 39.17 this view is also in consonance with the classification
guidelines, as laid down in Boards earlier Order No. 42/4/95-CX dated 18th
December, 1995.
3.
With regard to pipe fittings, they will be covered by the description
"parts of general use" and consequently will be classifiable under
Chapter-73 (or other metal chapters depending on the composition), as tube or
pipe fittings.
4.
In respect of other plastic part (including modified pipes with attached
couplings, fittings etc.) if it is found that the parts have been modified so as
to fit only sprinkler equipments, and have no other use, then use, then such
plastic part will be classifiable under heading No. 8424.91, if they are such
shape that these can be used only in sprinkler equipments.
5.
Receipts of this circular may kindly be acknowledged.
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