Page 170 - GSTL_6th August 2020_Vol 39_Part 1
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96                            GST LAW TIMES                      [ Vol. 39
                                            (5)  Valve Assembly : The applicant has stated that it is made up of 1
                                                 valve assembly, & 5 components in spring, steel body, packing, un-
                                                 ion. This is  used as controlling device in hydro pneumatic (AIR)
                                                 system of Tank. It is used in air supply system of tank. This item is
                                                 not excluded by the provisions of Note 2 to Section XVII nor is it
                                                 more specifically included in elsewhere in the Nomenclature. It is
                                                 identifiable as being suitable for use solely as principally with Tanks
                                                 and as such is classifiable under CTH 8710 00 00.
                                            10.3  With respect to other items, the applicant has furnished detailed
                                     description of the item, usage, Purpose in the functioning of the Tank and mate-
                                     rials involved. As seen under Para 9 above, to be considered as ‘Parts of Tank’
                                     under CTH 8710 00 00, the items are to be identified as being suitable for use
                                     solely as principally with the Tank  and should not be  excluded under Section
                                     Note 2 and should not be more specifically covered elsewhere in the Nomencla-
                                     ture. Applying the above to each part, the clarification  as to whether the  said
                                     items are to be considered as tank parts under CTH 8710 00 00 are discussed as
                                     under :
                                            (1)  Casing Assembly : The applicant has stated that it is the assembly
                                                 of  six items, four items  are  made up of Fabric  and  two made of
                                                 Rubber. It acts as a protective casing for conveyor guard under belts
                                                 for fastening the gasmask. This item is individually assembled in fi-
                                                 nal tank assembly. This item is not excluded by the provisions of
                                                 Note 2 to Section XVII nor is it more specifically included in else-
                                                 where in the Nomenclature. It is  identifiable  as being suitable for
                                                 use solely as principally with Tanks and as such is classifiable under
                                                 CTH 8710 00 00.
                                            (2)  Clip Assembly : The applicant has stated that this item is used on
                                                 cooling system of tank. It is  used for tightening the hoses with
                                                 pipes. It is made up of steel made Band, Bolt, washer and clamp and
                                                 is stated as direct material used in Tank. Pipe clips/clamps or fit-
                                                 tings are classifiable in general under Chapter Heading 7307. As per
                                                 Section Note 2 to Section XVII on the ‘Parts and Accessories’, parts
                                                 of general use as defined in Note 2 to Section XV includes articles of
                                                 Chapter 7307, which are excluded from being classified as parts un-
                                                 der CTH  8710  00 00. Therefore,  “Clip  Assembly” are not  classifiable
                                                 under CTH 8710 00 00.
                                            (3)  Connector Assembly : The assembly is used on Hull electrical sys-
                                                 tem. It is made-up of five components, copper connectors and rivet,
                                                 cloth and tape. It is used as connector in mounting of storage batter-
                                                 ies equipments. This item is stated as a direct material used in the
                                                 Tank. Connector assembly is essentially a conductor along with in-
                                                 sulating material which is classifiable under 8544. Para (A)(7)(m) of
                                                 Explanatory Notes to Note 2 of Section XVII on the ‘Parts and Accesso-
                                                 ries’ excludes Other electrical fittings, such as insulated electric wire
                                                 and cable (including wiring sets) and ….. (Headings 85.44 to 85.48)
                                                 from being classified as parts of articles of this Section XVII. There-
                                                 fore, “Connector Assembly” is not classifiable under CTH 8710 00 00 as
                                                 parts.
                                            (4)  Hydraulic items (All types) : It is the assembly used as Hydraulic
                                                 Shock absorber in tank. It is made up of five major Assemblies & 19
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