Walltop computer to be classified as ‘automatic data processing machine’ under Customs Tariff heading 8471 41 90


Quick Summary
The Karnataka Authority for Advance Ruling (AAR) has determined that a 'Walltop Computer', designed to enhance interactive wall capabilities for meetings and teaching, should be classified as an automatic data processing machine. The ruling places it under Customs Tariff heading 8471 41 90, as it performs the functions of storing programmes and data, can be freely programmed, executes computations, and modifies its execution based on logical decisions without human intervention. It was specifically classified under the 'other' sub-heading as it is neither a micro-computer nor a large computer.

Court :
AAR, Karnataka

Brief :
Advance Ruling No. KAR ADRG 48/2022 dated December 12, 2022

Citation :
The AAR, Karnataka in the matter of M/s Virtulive Technologies Pvt. Ltd. [Advance Ruling No. KAR ADRG 48/2022 dated December 12, 2022] has held that, a walltop computer is neither a micro-computer nor a large computer and to be classified as an automatic data processing unit covered under Customs Tariff heading 8471 41 90.

The AAR, Karnataka in the matter of M/s Virtulive Technologies Pvt. Ltd. [Advance Ruling No. KAR ADRG 48/2022 dated December 12, 2022] has held that, a walltop computer is neither a micro-computer nor a large computer and to be classified as an automatic data processing unit covered under Customs Tariff heading 8471 41 90.

Facts

M/s Virtulive Technologies Pvt. Ltd. (“the Applicant”) is engaged in the manufacturing of a Walltop Computer named ‘Roombr’ (“the Impugned Product”), which aims to extend computing power to an interactive wall to make office meetings and classroom teaching easier.

The Applicant has contended that the Impugned Product is an Automatic Data Processing machine and has a central processing unit i.e. a processor-based motherboard with RAM and storage, an input unit i.e. an IR pen and a Bluetooth keyboard and an output unit i.e. a projected interactive display and hence, the Impugned Product is classifiable under tariff heading 8471 41 90 of Chapter 84 of the Customs Tariff Act, 1975 (“the Customs Tariff Act”).

The Applicant has sought an advanced ruling regarding classification of the Impugned Product.

Issue

Whether the Impugned Product is covered under tariff heading 8471 of the Customs Tariff Act?

Held

The AAR, Karnataka in Advance Ruling No. KAR ADRG 48/2022 of 2022 has held as under:

  • Noted that, the Impugned Product can perform all of the tasks listed in Note (6)(A) to Chapter 84 of the Customs Tariff Act. As a result, it perfectly fits into the category of automatic data processing machines.
  • Observed that, the Impugned Product has a central processing unit, an input unit and output unit as mentioned in the explanatory notes pertaining to tariff heading 8471 of the Customs Tariff Act. Further, the Impugned Product is covered under the category of automatic data processing machines.
  • Stated that, the sub-classification of the Impugned Product will be classified as ‘others’ under tariff heading 8471 41 90 as the Impugned Product is neither a micro-computer nor a large computer.
  • Held that, the Impugned Product is classifiable under tariff heading 8471 41 90.

Relevant Provisions

Note (6)(A) to Chapter 84 of the Customs Tariff  Act (w.e.f. January 1, 2022):

“For the purposes of heading 8471, the expression "automatic data processing machines" means machine capable of :

(i) storing the processing programme or programmes and at least the data immediately necessary for the execution of the programme

(ii) being freely programmed in accordance with the requirements of the user;

(iii) performing arithmetical computations specified by the user; and

(iv) executing, without human intervention, a processing programme which requires them to modify their execution, by logical decision during the processing run;”

Tariff heading 8471 41 90 of the Customs Tariff Act

“Tariff Item

Description

Unit

Rate of Duty

Preferential Area Rate

8471

AUTOMATIC DATA PROCESSING MACHINES AND UNITS THEREOF; MAGNETIC OR OPTICAL READERS, MACHINES FOR TRANSCRIBING DATA ON TO DATA MEDIA IN CODED FORM AND MACHINES FOR PROCESSING SUCH DATA , NOT ELSEWHERE SPECIFIED OR INCLUDED

847141

Comprising in the same housing at least a central processing unit and an input and output unit, whether or not combined :      

84714110

Micro computer

u

Free

84714120

Large or main frame computer

u

Free

84714190

Other

u

Free”

FAQ :

The main issue was to determine the correct classification of the Walltop Computer under the Customs Tariff Act, specifically whether it falls under tariff heading 8471.

The AAR classified the Walltop Computer as an 'automatic data processing machine' under Customs Tariff heading 8471 41 90.

Such machines must be capable of storing programmes and data, being freely programmed by the user, performing specified computations, and executing programmes with logical decision-making without human intervention.

It was classified under 'other' because the Walltop Computer is neither a micro-computer nor a large computer, fitting the residual category within that heading.

 

Bimal Jain
Published in Custom
Views : 356

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