Page 167 - GSTL_6th August 2020_Vol 39_Part 1
P. 167

2020 ]                 IN RE : HEAVY VEHICLES FACTORY                 93
                            (a)  Articles of heading 73.07, 73.12, 73.15, 73.17 or 73.18 and simi-
                                 lar articles of other base metals;
                            (b)  Springs and leaves for springs, of base metal, other than clock
                                 or watch springs (heading 91.14); and
                            (c)   Articles of headings 83.01, 83.02, 83.08, 83.10 and frames and
                                 mirrors, of base metal, of heading 83.06.
                       The Explanatory Notes to CTH 8710 reads as follows :
                            87.10  -  Tanks and other armoured fighting vehicles, motorised,
                                   whether or not fitted with weapons, and parts of such ve-
                                   hicles.
                            This heading covers tanks and other armoured fighting “Vehicles,
                            motorised, whether or not fitted with weapons, and” parts of such
                            vehicles
                            Tanks are armoured fighting vehicles mounted on tracks, and
                            armed with various weapons (guns, machine-guns, flame-throwers,
                            etc.) usually housed in a traversing turret. They are sometimes fit-
                            ted with a special gyroscopic stabilisation gear to keep the sights on
                            the target, irrespective of the movement of the vehicle. They may
                            also be equipped with anti-mining devices, such as a “flail” (a rotat-
                            ing drum which is carried on arms in front of the tank and to which
                            are attached chains with ball ends) or a number of heavy rollers at-
                            tached to the front of the tanks.
                       ………………………
                                                PARTS
                       The heading also covers parts of the above-mentioned vehicles provided
                       the parts fulfil both the following conditions :
                            (i)   They must be  identifiable as  being suitable  for use solely  or
                                 principally with such vehicles; and
                            (ii)  They must not be excluded by the provisions of the Notes to
                                 Section XVII  (see the corresponding General Explanatory
                                 Note).
                       Parts of this heading include :
                            (1)  Bodies of armoured vehicles and parts thereof (turrets,  ar-
                                 moured doors and bonnets, etc.)
                            (2)  Tracks, specially constructed for use with tanks.
                            (3)  Special road-wheels for armoured cars.
                            (4)  Propulsion wheels for tank tracks.
                            (5)  Armour plates, worked to such an extent that they are identi-
                                 fiable as parts of the vehicles of this heading.
                            (6)  Clutch cables, brake cables, accelerator cables and similar ca-
                                 bles, consisting of a flexible outer casing and a moveable inner
                                 cable. They are presented cut to length and equipped with end
                                 fittings.
               The Applicant has  stated that their main activity  is manufacturing Tank and
               Tank Parts. Tank is completely assembled in HVF, whereas some parts of Tank
               are manufactured separately in HVF and some parts of Tank are procured from
               outside vendors on the specification given by HVF. Tanks’ supplied by the appli-
               cant are classifiable under CTH 8710 00 00 as seen from the above.
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