Saawariya & Co.

982/06/2014-CX dt. 15-05-2014

Regarding classification of rice par-boiling machinery

Circular No. 982 / 06 / 2014 – CX

F. No. 167/42/2009-CX.1

Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
……….

Dated: 15.05.2014

To
All the Chief Commissioners of Central Excise,
All the Chief Commissioners of Customs,
All the Directors General.

Sirs,

Subject  -  Classification of rice par-boiling machinery – reg.

            I am directed to draw your attention to Circular No. 924/14/2010-CX dated 19.05.2010 on the subject of classification of rice par-boiling machinery under the Central Excise tariff. References have been received from trade and field to re-examine the circular consequent to the judgement of the Hon’ble Tribunal in case of M/s Jyoti Sales Corporation [2011(272) E.L.T. 689 (Tri – Del) & 2011 - TIOL – 1498 – CESTAT-DEL].  The circular has since been re-examined.

2.         The classification of rice par-boiling machinery would be guided by Note 2 to Chapter 84 read with Note 3 to Section XVI.  The par-boiling machine and dryer are self-contained machines which are designed to be installed independently and which perform their respective functions independently.  Therefore, though they may be installed in a rice mill to work in conjunction with the milling machinery, the par-boiling machine and dryer do not appear to satisfy the requirements of Section Note 3 to be called composite machines/multi-function machines meriting classification under CETH 8437.  Further, par-boiling machinery does not constitute grain dampening machine as the end result of par-boiling of rice is reduction in the moisture of paddy.   In view of the above, rice par-boiling machine and dryer would merit classification under CETH 8419 as per Note 2 to Chapter 84.

3.         Circular No. 924/14/2010-CX dated 19.5.2010 is rescinded and it is directed that classification of rice par-boiling machine and dryer may be made under CETH 8419.  Necessary action to protect the revenue interest in respect of past clearances may also be taken.