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Aadrikaa Law Offices (ALO)- IDT Tax I Arbitration I Litigation

Dated: 30.01.2026

CAAR Mumbai Rules “Carbon Pultruded Plates under HSN 68151900” eligible for Concessional Duty as WOEG Blade Parts

This Article has been written by Advocate Ravi Shekhar Jha- BALLB & LLM (Constitutional Law) based in New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.comor on his Mobile +91-9999005379.

Summary of the Case

Applicant: Suzlon Energy Limited ​

Subject Goods: Carbon Pultruded Plates ​

Issue: Determination of the applicable Basic Customs Duty (BCD) rate for the import of Carbon Pultruded Plates under Notification No. ​ 50/2017-Customs (as amended by Notification No. ​ 05/2025-Customs). ​

Suzlon Energy Limited sought an advance ruling on whether Carbon Pultruded Plates, used as spar caps in rotor blades of Wind Operated Electricity Generators (WOEG), qualify for concessional BCD under Sr. No. 405(4) or Sr. No. ​ 405(5) of the exemption notification. ​

The applicant argued that the plates, made from carbon fibers, are integral to the manufacturing of rotor blades and should qualify for concessional BCD either as “raw materials” under Sr. No. ​ 405(5) or as “parts” under Sr. No. 405(4). ​

The Customs Authority for Advance Rulings (CAAR) examined the classification of the goods under Customs Tariff Heading (CTH) 68151900 and the scope of the exemption notification. ​

Legal and Statutory Provisions Referred to ​

1. Customs Act, 1962 ​
   • Section 28H(1): Application for advance ruling.
   • Section 28-I(2): Matters related to classification of goods and applicability of exemption notifications. ​
2. Customs Tariff Act, 1975 ​
   • Chapter Heading 68151900: Classification of Carbon Pultruded Plates as “Other articles of carbon fibers.” ​
3. Notification No. ​ 50/2017-Customs (as amended by Notification No. ​ 05/2025-Customs) ​
   • Sr. No. ​ 405(5): Concessional BCD for “Balsa Wood, Carbon Fibre for the wind operated electricity generator blades.” ​
   • Sr. No. ​ 405(4): Concessional BCD for “Parts for the manufacture or the maintenance of blades for rotor of wind operated electricity generators.” ​

Case Citations Referred to

1. Collector of Central Excise v. Mahendra Engineering Works [1993 (67) ELT 134 (Tribunal)] ​
   • Established the principle that “a part of a part is a part of the whole,” meaning sub-components of a machine are categorized as components of the machine. ​
2. Collector of Central Excise v. MP Oil Ltd [1990 (46) ELT 68 (Tribunal)] ​
   • Reaffirmed the principle that sub-components are integral parts of the whole machine. ​
3. CCE v. Insulation Electrical [2008 (224) ELT 512 (SC)] ​
   • Defined “parts” as essential components of the whole without which the whole cannot function. ​
4. Star Paper Mills Ltd. v. CCE [1989 (43) ELT 178 (SC)] ​
   • Distinguished machine-specific components as “parts” rather than generic raw materials. ​

Order Passed by the Advance Ruling Authority ​

1. Classification: Carbon Pultruded Plates are classified under CTH 68151900 as “Other articles of carbon fibers” with a standard BCD rate of 10%. ​
2. Eligibility under Sr. No. ​ 405(5): The plates are not eligible for concessional BCD under Sr. No. ​ 405(5) as this entry covers only raw carbon fibers or balsa wood, not articles of carbon fibers. ​
3. Eligibility under Sr. No. ​ 405(4): The plates qualify as “parts for the manufacture or maintenance of blades for rotor of wind operated electricity generators” and are eligible for concessional BCD at 5%. ​

Final Ruling: Carbon Pultruded Plates are eligible for concessional BCD under Sr. No. 405(4) of Notification No. ​ 50/2017-Customs (as amended). ​

1. Statutory Framework Governing Classification in India

The primary legal framework for the classification of goods is derived from the First Schedule to the Customs Tariff Act, 1975, read with the General Rules for Interpretation (GRI).

• Classification is the process of identifying the correct tariff heading or sub-heading for goods, which determines duty liability and eligibility for exemptions.
• The GRI provides that classification shall be determined according to the terms of the headings and any relevant Section or Chapter Notes.

Key Indian Statutes Applicable:

1. Customs Tariff Act, 1975 – Provides tariff structure and GRI.
2. Customs Act, 1962 – Governs levy, valuation, and import compliance once classification is determined.
3. GST framework (where relevant) – Uses HSN for tax rate determination.

India follows the internationally harmonized system designed by the World Customs Organization, used by over 200 countries for uniform classification.

2. Binding Legal Principles for Classification

(A) Primacy of Headings and Notes

The Supreme Court-recognized rule is that classification must be based on:

• Terms of the heading
• Relevant Section Notes
• Chapter Notes

These notes are binding and can override headings when necessary.

(B) Sequential Application of GRI

• Titles of sections or chapters are only for reference.
• Legal determination flows from headings and notes first.

(C) Essential Character Rule

Incomplete or unassembled goods are classified as finished goods if they possess the “essential character.”

(D) Competing Headings → Rule 3

Where goods are prima facie classifiable under multiple headings, GRI Rule 3 determines the correct classification.

(E) “Most Akin” Test

The Supreme Court has clarified that classification should identify the category most akin to the imported goods, not merely rely on probability.

3. Judicial Recognition of the Framework

In Collector of Central Excise v. Wood Craft Products Ltd., 1995 (77) ELT 23 (SC), the Court emphasized that tariff interpretation rules govern classification and that Section/Chapter Notes carry statutory force.

Further, the Supreme Court reiterated that classification is crucial because it determines the legal and financial treatment of goods, including duty implications.

4. Special Context: HSN 68151900

Tariff Description:

• HSN 6815 covers “articles of stone or other mineral substances (including carbon fibres)… not elsewhere specified.”
• Sub-heading 68151900 specifically refers to other non-electrical articles of graphite or carbon.

Interpretative Impact:

Because Heading 6815 is a residuary-style entry (“not elsewhere specified or included”), courts and authorities typically apply the following logic:

1. Examine whether the product fits a more specific heading first (GRI Rule 1 & 3).
2. If not, classification may fall under the residual category.
3. Apply the most akin test where technical similarity is disputed.

5. Applied Legal Test for Goods under 68151900

When deciding whether goods belong under 68151900, authorities generally evaluate:

• Material composition (graphite/carbon vs. other minerals)
• Functional use (non-electrical vs. electrical components)
• Manufacturing characteristics
• Trade understanding / commercial identity

Only after excluding competing headings should the residuary entry be invoked — a well-settled interpretative approach under tariff law.

6. Consolidated Legal Position

The governing doctrine may be summarized as follows:

Classification under Indian customs law is determined primarily by the statutory language of headings read with Section and Chapter Notes, applied through the General Rules for Interpretation; where ambiguity persists, courts adopt the essential character and “most akin” tests before resorting to residuary entries such as HSN 68151900.

Source: CAAR Ruling, Mumbai Bench

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