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Interactive Display System (View Board) falls under Heading 8471: CAAR

Case Law Details

TaxGuru Citation
2023 taxguru.in 3421
Case Name
In re Brightpoint India Pvt. Ltd. (CAAR Mumbai)
Date of Judgement/Order
Only available for paid members
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In re Brightpoint India Pvt. Ltd. (CAAR Mumbai)

CAAR rule that Interactive Display System (View Board) models mentioned in para 1 merit classification under Heading 8471 and more specifically under sub-heading 84714190 of the first schedule to the Customs Tariff Act, 1975.

FULL TEXT OF THE ORDER OF CUSTOMS AUTHORITY OF ADVANCE RULING, MUMBAI

1. M/s. Brightpoint India Pvt. Ltd. (hereinafter referred to as ‘the applicant’) filed an application for advance ruling before the Customs Authority for Advance Rulings, Mumbai (CAAR, in short). The said application was received in the secretariat of the CAAR, Mumbai on 03.04.2023, along with its enclosures in terms of Section 28H (1) of the Customs Act, 1962 (hereinafter referred to as the ‘Act’). The applicant is seeking advance ruling on the classification of ‘Interactive Display System (ViewBoard) (hereinafter referred to as ‘subject goods’)’. The details of models proposed to be imported and technical information regarding the same are as follows:

Si No.

Panel Size Product No Product Description
1. VIEWBOARD 55″
INTERACTIVE
FLAT PANEL
IFP5550-3 VIEWSONIC IFP5550-3 /55″
INTERACTIVE DISPLAY SYSTEM
2. IFP5550-5 VIEWSONIC IFP5550-5 /55″
INTERACTIVE DISPLAY SYSTEM
3. VIEWBOARD 65″
INTERACTIVE
FLAT PANEL
IFP6530 VIEWSONIC IFP6530(VS17775) /65″ INTERACTIVE DISPLAY SYS IEM
4. IFP6532 VIEWSONIC IFP6532 /65″ INTERACTIVE
DISPLAY SYSTEM
5. IFP6532-2 VIEWSONIC IFP6532-2 /65″
INTERACTIVE DISPLAY SYSTEM
6. IFP6532-B VIEWSONIC IFP6532-B /65″
INTERACTIVE DISPLAY SYSTEM
7. IFP6550 VIEWSONIC IFP6550 /65″ INTERACTIVE DISPLAY SYSTEM
8. IFP6550-2 VIEWSONIC IFP6550-2 /65″
INTERACTIVE DISPLAY SYSTEM
9. IFP6550-3 VIEWSONIC IFP6550-3 /65″
INTERACTIVE DISPLAY SYSTEM
10. IFP6550-5 VIEWSONIC IFP6550-5 /65″
INTERACTIVE DISPLAY SYSTEM
11. IFP6552-1A VIEWSONIC IFP6552-1A /65″ INTERACTIVE DISPLAY SYS I_ EM
12. IFP6552-1B VIEWSONIC IFP6552-1B /65″
INTERACTIVE DISPLAY SYSTEM
13. VIEWBOARD 75″
INTERACTIVE
FLAT PANEL
IFP7530 VIEWSONIC IFP7530(VS17776) /75″ INTERACTIVE DISPLAY SYSTEM
14. IFP7532 VIEWSONIC IFP7532 /75″ INTERACTIVE
DISPLAY SYSTEM
15. IFP7532-2 VIEWSONIC IFP7532-2 /75″
INTERACTIVE DISPLAY SYSTEM
16. IFP7550 VIEWSONIC IFP7550 /75″ INTERACTIVE
DISPLAY SYSTEM
17. IFP7550-2 VIEWSONIC IFP7550-2 / 75″
INTERACTIVE DISPLAY SYSTEM
18. IFP7550-3 VIEWSONIC IFP7550-3 / 75″
INTERACTIVE DISPLAY SYSTEM
19. IFP7550-5 VIEWSONIC IFP7550-5 / 75″
INTERACTIVE DISPLAY SYSTEM
20. IFP7552-1A VIEWSONIC IFP7552-1A / 75″
INTERACTIVE DISPLAY SYSTEM
21. IFP7552-1B VIEWSONIC IFP7552-1B / 75″
INTERACTIVE DISPLAY SYSTEM
22. VIEWBOARD 86″
INTERACTIVE
FLAT PANEL
IFP8632-2 VIEWSONIC IFP8632-2 / 86″ INTERACTIVE DISPLAY SYS__ 1EM
23. IFP8650 VIEWSONIC IFP8650 / 86″ INTERACTIVE DISPLAY SYSTEM
24. IFP8650-2 VIEWSONIC IFP8650-2 / 86″
INTERACTIVE DISPLAY SYSTEM
25. IFP8650-3 VIEWSONIC IFP8650-3 / 86″ IN__ I ERACTIVE DISPLAY SYSTEM
26. IFP8650-5 VIEWSONIC IFP8650-5 / 86″
INTERACTIVE$
27. IFP8652-1A VIEWSONIC IFP8652-1A / 86″
INTERACTIVE DISPLAY SYSTEM
28. IFP8652-1B VIEWSONIC IFP8652-1B / 86″
INTERACTIVE DISPLAY SYSTEM
29. VIEWBOARD 98″ INtERACTIVE
FLAT PANEL
IFP9850-3 VIEWSONIC IFP9850-3 / 98″
INTERACTIVE DISPLAY SYSTEM
30. IFP9850-4 VIEWSONIC IFP9850-4 / 98″
INTERACTIVE DISPLAY SYSTEM

2. The applicant, a registered private limited company, is engaged in the distribution of Information Technology and Telecommunication products. They intend to import aforementioned 30 models of Interactive Display System (ViewBoard) from their supplier, ViewSonic, and sell it further to their distributors/consumers. As submitted by the applicant, the subject goods, also known as Interactive Flat Panel, comprise of Liquid Crystal Display panels with LED backlight. They have an in-built Central Processing Unit and RAM for execution of programs. They have pre-installed operating system, namely, Android 7.0 that is customized for the subject goods, along with an Open Pluggable Specification Slot, thus enabling the user to download and install new programmes and operate other operating systems like Windows etc. As informed, the products use Ultra Fine Touch Technology to offer more precise writing and faster processing time, it has an air quality sensor, germ resistant screen, two touch pens (stylus), remote control and 70-80% glare free surfaces with a flicker free display. They are touch enabled with additional features such as multi-touch interaction, handwriting recognition, freehand touch, go typing, etc. along with applications such as calculator, stopwatch, buzzer, etc. The subject goods have slots for HDMI, VGA, LAN, USB, RS232 and audio ports, along with a high internal storage capacity. They are used in classrooms for teaching and in companies for presentations, meetings, etc. Their physical features include being wall mounted, not incorporating tilt, swivel or height adjustment mechanism and being available in different sizes ranging from 24 inches to 98 inches. Internet can be accessed by connecting them to a dongle via USB ports or by the use of a LAN cable. These Interactive Display Systems can also be connected to laptops, and input can be given either from the Interactive Display Systems to the laptop or vice versa. The subject goods allow user to record and share lectures/ notes/ presentations via email or QR codes. Further being cloud enabled, user can upload the notes on a pre-set cloud storage.

2.1 Building their argument on functionality and physical characteristics of the product, the applicant has submitted that the subject goods are not portable as they weigh more than 10 kg and their dimensions viz. 55″,65″, 75″, 86″ and 98″ make it illogical and unviable for daily transit. Further, they have submitted that the ADP machines that comprise central processing unit, and an input and output unit (all within the same housing) are neither in the nature of a microcomputer (small or personal computer) nor in the nature of a large or main frame computer. Thus, it is contested that the subject goods are ‘Automatic Data Processing Machines’ classifiable under Chapter heading 8471 of Customs Tariff Act, 1975, specifically classifiable under the residual entry of sub heading 847141, that covers APDM “Comprising in the same housing at least a central processing unit and an input and output unit, whether or not combined”. Relevant extracts from Chapter heading 8471and Note 5(A) to Chapter 84 as submitted by the applicant is reproduced below:

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