TMI BlogClassification of remnant fuel & oils -reg.X X X X Extracts X X X X X X X X Extracts X X X X ..... s dated 3.7.1996 on the above subject. In the said circular, Board had inter-alia clarified that in the case of a vessel brought for ship breaking, the remnant fuel and oil (other than fuel and oil contained in the vessels machinery and engines), ships stores etc. are classifiable separately in their appropriate headings and not in CTH 8908 . 2. References have been received in the Board from field formations that Bills of entries related to ship breaking are being provisionally assessed in view of the dismissal of the departmental Civil Appeal against the CESTAT order dated 08.07.14 by Supreme Court in D.No.41289 of 2014 dated 31.07.2015 . in the said order, CESTAT held that classification of the ships/vessels brought in for bre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heading of chapter 27 in accordance with the Board Circular 37/96-Cus dated 03.07.96 and paid the duties accordingly. However, adjudicating authority/ appellate authority took a view that since items under Chapter 27 were canalized, therefore, the said goods (remnant fuels) were duly confiscated, redemption fine levied and penalties imposed. The matter was challenged before CESTAT which agreed with the view of DGFT that so far as classification of the ships/ vessels brought in for breaking up along with remnant fuel, will have to be considered classifiable under heading 89.08 of the import policy as an integral part of the vessel/ ship. Department's appeal against the said CESTAT order was dismissed by the Supreme Court. The issu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 3 of FT (D R) Act, 1992 , read with paragraph 1.02 and 2.01 of the Foreign Trade Policy, 2015-2020, the Central Government hereby amends the Import Policy of fuels, incidental to the import of ship for ship breaking, under ITC (HS) code 2710 1930 and 2710 1940 of Chapter 27 of ITC (HS), 2012 Schedule 1 (Import Policy) as under: ITC (HS) Code Item Existing Policy Existing Policy Condition Revised Policy Condition 2710 1930 High speed diesel (HSD) State Trading Enterprise Import as per Policy Condition (5) below. Import as per Policy Condition (5) below. Howev ..... X X X X Extracts X X X X X X X X Extracts X X X X
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