THE FIRST SCHEDULE TO THE CUSTOMS TARIFF ACT, 1975
SECTION II
VEGETABLE PRODUCTS
NOTE :
In this Section, the term "pellets" means products which have been agglomerated either directly by compression or by the addition of a binder in a proportion not exceeding 3 (percent) by weight.
CHAPTER 9
Coffee, tea, mate and spices
NOTES :
1. Mixtures of the products of headings 0904 to 0910 are to be classified as follows:
(a) mixtures of two or more of the products of the same heading are to be classified in that heading;
(b) mixtures of two or more of the products of different headings are to be classified in heading 0910.
The addition of other substances to the products of headings 0904 to 0910 [or to the mixtures referred to in paragraph (a) or (b) above] shall not affect their classification provided the resulting mixtures retain the essential character of the goods of those heading. Otherwise such mixtures are not classified in this Chapter; those constituting mixed condiments or mixed seasonings are classified in heading 2103.
2. This Chapter does not cover Cubeb pepper (Piper cubeba) or other products of heading 1211.
SUPPLEMENTARY NOTES :
(1) Heading 0901 includes coffee in powder form.
(2) "spice" means a group of vegetable products (including seeds, etc.), rich in essential oils and aromatic principles, and which, because of their characteristic taste, are mainly used as condiments. These products may be whole or in crushed or powdered form.
(3) The addition of other substances to spices shall not affect their inclusion in spices provided the resulting mixtures retain the essential character of spices and spices also include products commonly known as "masalas"
EXEMPTION NOTIFICATIONS
[Notifn. No.76/03-Cus. dt. 13.5.2003].
For exemption to specified goods of chapter 9 when imported from the transitional Islamic State of Afghanistan see Notfn. No. 76/03 - Cus. dt. 13.5.2003
1 Imposed (w.e.f. 1.3.2003) vide s. 128 read with Fourth Schedule to the Finance Act, 2003 (32 of 2003).
2 Vide Section 128 of the Finance Act, 2003 (32 of 2003).
ADDITIONAL DUTY OF CUSTOMS (TEA & TEA WASTE)
(See section 121(1) and 149(1)
of Finance Bill 2003)
Note 1: In the case of goods specified in the Fourth Schedule to the Finance Act, 2003, being goods imported into India, there shall be levied and collected for the purposes of the Union, by surcharge, an additional duty of customs, at the rate specified in the said Schedule.2
Note 2: The additional duty of customs chargeable under section 128(1) of the Finance Act, 2003 shall be in addition to any other duties of customs chargeable on such goods under the Customs Act or any other law for the time being in force.
Note 3: The provisions of the Customs Act and the rules and regulation made thereunder, including those relating to refunds and exemptions from duties and imposition of penalty, shall, as for as may be, apply in relation to the levy and collection of the additional duty of customs leviable under this section in respect of the goods specified in the Fourth Schedule as they apply in relation to the levy and collection of the duties of customs on such goods under that Act or those rules and regulation, as the case may be.
Exemption to tea and tea waste from additional duty of customs.
[Notfn. No. 78/03-Cus.,dt. 14.5.2003]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts tea and tea waste, when imported into India, from so much of the additional duty leviable thereon under sub section (1) of section 3 of the Customs Tariff Act, 1975 (51 of 1975) as is equivalent additional duty of excise leviable thereon under section 157 of the Finance Act, 2003 (32 of 2003).
Exemption to Green Tea from Additional duty of Customs.
[Notfn. No. 79/03-Cus., dt. 14.5.2003]
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts green tea, when imported into India, from the whole of the additional duty of customs leviable thereon under section 128 of the Finance Act, 2003(32 of 2003).