9911796707
TMI Blog2018 (12) TMI 1791X X X X Extracts X X X X X X X X Extracts X X X X ..... on of Goods Law under which registration required (1) (2) (3) 01 Auto Hematology Analyzer Medical Devices Rules, 2017/BIS 02 Semi-Automatic Chemistry Analyzer Medical Devices Rules, 2017/BIS 03 LED Surgical Light BIS 04 Digital Forehead Thermometer Legal Metrology Act, 2009/Import Policy 05 Picture Display BIS 2. As the appellants had not fulfilled the above requirements, the adjudicating authority vide Order-in-Original No. 10/2018, dated 29-1-2018 confiscated the above goods valued at Rs. 1,88,645/- under Section 111(d) of the Customs Act, 1962 with an option to redeem the same on payment of Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplicable only to LED Lamps for General Lighting. The certificate is required for Self-Ballasted LED Lamps used for General Lighting Services, whereas, the appellants have imported LED Surgical Light. She referred to the Compulsory Registration Order for the item IS 16102 - 1 [2012] and submitted that the Indian Standard Safety requirements provide that such Self-Ballasted LED Lamps are used for domestic and similar General Lighting purposes. That the items imported by the appellants are medical equipments, in the nature of Surgical LED Lamps, which are used for surgical purposes in hospitals and are not used in houses for General Lighting purposes. Therefore, the allegation that the appellants ought to have obtained BIS certificate/registr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... having violated the conditions and, therefore, goods have been correctly detained by the officers. 8. Heard both sides. 9. The issue is with regard to non-compliance of requirements contained in BIS/Legal Metrology Act, 2009/Medical Devices Rules, 2017. The description of the goods as per bill of entry dated 24-8-2017 shows 53 items out of which major part of the items are Medical Equipments. The five items, which are shown in the table above have been [detained] by Customs officers alleging non-fulfilment of conditions of BIS/Legal Metrology Act, 2009/Medical Devices Rules, 2017, it is pertinent to mention that the appellants have not issued a show cause notice prior to adjudication. 10. The Learned Counsel for appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uires certificate under BIS/Legal Metrology Act, 2009. Clinical Thermometer is of two types and is different from Digital Forehead Thermometer. As per the Clinical Thermometers (Quality Control) Order, 2001, dated 9-11-2001, the restrictions are applicable only to Clinical Thermometer, which are in the nature of Solid Stem Type and Enclosed-Scale Type. It does not cover Digital Forehead Thermometer. Therefore, confiscation of these goods alleging violation of the said Acts cannot sustain. 13. The appellants have also imported Picture Display. The goods have been detained by the Customs department alleging that these goods require certificate under BIS. From the BIS Compulsory Registration Order Schedule, it is seen that Picture ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
