Case nº Ruling No. AAR/01(Cus)/2006 in Application No. AAR/44/23(Cus)/2005 of Authority for Advance Rulings, January 05, 2006 (case Alcatel India Ltd. Vs Commissioner of Customs)

JudgeFor Appellant: Charles A. Barber, Director (Customs and Supply Chain) and Steve Gaikwad, Client Partner and For Respondents: A.K. Roy, Joint CDR
PresidentSyed Shah Mohammad Quadri, J. (Chairman), Somnath Pal and B.A. Agrawal, Members
DefenseCustoms Act, 1962 - Section 28H; Customs Tariff Act, 1975 - Sections 16 to 21; General Interpretative Rules - Rules 1 and 3
Resolution DateJanuary 05, 2006

Judgment:

(Central Excise, Customs And Service Tax)

Somnath Pal, Member

  1. In this application the following question has been posed by the applicant under Section 28H of the Customs Act, 1962 for an advance ruling:

    Whether Remote Optically pumped Amplifier Jointing Box Housing proposed to be imported into India, is classifiable under Heading No. 8517 50 99 of the First Schedule of the Customs Tariff Act, 1975.

  2. In the Annexure-II to the application and in the Customs Technical Document submitted by the applicant, it has been stated that the goods in question are for use with telecommunications systems utilizing submerged equipment. The Joint Box Housing is designed to allow laying, recovery and relaying in a submerged environment with no degradation in mechanical, optical and electrical performance. This Housing can terminate all lightweight and armoured cable designs, with load transfer through a flexible coupling. It has been further stated that the Alcatel submerged remote optical pumped amplifier (ROPA) is a hybrid of optical, electronic and mechanical systems that forms part of a submerged telecommunication system for use in transmission of aggregate data. The ROPA is of an Alcatel generic design and includes features that allow the configuration of the ROPA to suit a given system. ROPA is inserted into an un-repeatered telecommunication system to maximise the operating distance across which the telecommunication cable can function without the need for submerged repeater units. The ROPA is placed close to the receiving terminal to optimize through pre-amplification the aggregate data signal ahead of the receiver in the terminal station. The underwater jointing box housing and cable terminating arrangements can accommodate amplifier modules up to eight traffic-carrying fibre pairs, and are compatible with all types of Alcatel cable. The internal assembly of the Housing includes a tray assembly housing Erbium doped fibes, isolators and excess fibre length as necessary to realize the connections to the line cable. In addition, provision can be made to ensure additional "by-pass" fibre storage. Transmission (optical amplification) is provided by a single mode fibre, the core of which is doped with erbium. As the aggregate data signal propagates through the erbium-doped fibre, amplification is optimized prior to arrival at the receiving terminal. The ROPA amplifier module consists of a length of erbium-doped fibre, and an isolator...

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