Chapter 88  (Chapter Notes)

Relevant Judgements

Tariff Item

Description of article

Unit Rate of duty
      Standard Preferential Areas Effective Rate of Duty
(1) (2)  (3) (4) (5) (6)
8801

Balloons and dirigibles, gliders, hang gliders and other non-powered aircraft

       
8801 00 - Balloons and dirigibles; gliders, hang gliders and other non-powered aircraft:        
8801 00 10 ---Gliders and hang gliders u 10% - IGST: 18%
8801 00 20 ---Balloons u 10% - IGST: 18%
8801 00 90 ---Other u 10% - IGST: 18%
8802

Other aircraft, except unmanned aircraft of heading 88.06 old[aircraft] (for example, helicopters, aeroplanes); spacecraft (including satellites) and suborbital and spacecraft launch vehicles

       
  - Helicopters :        
8802 11 00 -- Of an unladen weight not exceeding 2,000 kg u 10% - BCD: See Extract
BCD: See Notifications for specified countries

IGST: See Extract
8802 12 00 -- Of an unladen weight exceeding 2,000 K.g u 10% - BCD: See Notification
BCD: See Notifications for specified countries

IGST: See Extract
8802 20 00 - Aeroplanes and other aircraft, of an unladen weight not exceeding 2,000 kg u 3% - BCD: See Notification
BCD: See Notifications for specified countries
IGST: See Extract
8802 30 00 - Aeroplanes and other aircraft, of an unladen weight not exceeding 2,000 kg but not exceeding 15,000 kg u 3% - BCD: See Notification
BCD: See Notifications for specified countries
IGST: See Extract
8802 40 00 - Aeroplanes and other aircraft, of an unladen weight  exceeding 15,000 kg u 3% - BCD: See Notification
BCD: See Notifications for specified countries

IGST: See Extract
8802 60 00 - Spacecraft (including satellites) and suborbital and spacecraft launch vehicles u 10% - BCD: NIL for specified countries
IGST: See Extract
8803 Omitted        
deleted[8803 Parts of goods of heading 8801 or 8802        
8803 10 00 - Propellers and rotors and parts thereof Kg. 3% - BCD: See Notification
IGST: 5%
8803 20 00 - Under carriages and parts thereof Kg. 3% - BCD: See Notification
IGST: 5%
8803 30 00 - Other parts of aeroplanes or helicopters Kg. 3% - BCD: See Notifications
IGST: 5%
8803 90 00 - Other Kg. 10% - BCD: See Notification Condition
IGST: 5%]
8804 Parachutes (including dirigible parachutes and paragliders) and rotochutes; parts thereof and accessories thereto        
8804 00 - Parachutes (including dirigible parachutes and paragliders) and rotochutes; parts thereof and accessories thereto :        
8804 00 10 -- Parachutes (including dirigible  parachutes and paragliders) and parts and accessories thereof u 10% - BCD: NIL for specified countries
IGST:
18%
8804 00 20 -- Rotochutes; parts and accessories thereof u 10% - BCD: NIL for specified countries
IGST:
18%
8805 Aircraft launching gear; deck arrestor or similar gear; ground flying trainers; parts of the foregoing articles        
8805 10 - Aircraft launching gear and parts thereof; deck arrestor or similar gear and parts thereof :        
8805 10 10 -- Aircraft launching gear u 10% - IGST: 18%
8805 10 20 -- Deck arrestor or similar gear u 10% - BCD: NIL
IGST: 18%
8805 10 30 -- Parts of aircraft launching gear and deck arrestor or similar gear u 10% - IGST: 18%
  - Ground flying trainers and parts thereof :        
8805 21 00 -- Air combat simulators and parts thereof u 10% - IGST: 18%
8805 29 00 -- Other u 10% - IGST: 18%
8806

Unmanned aircraft

       
8806 10 00 - Designed for the carriage of passengers u 10% - BCD: 2.5%
BCD: NIL for specified countries
IGST: See Extract
  - Other, for remote-controlled flight only:        
8806 21 00 - With maximum take-off weight not more than 250 g u 10% - BCD: 2.5%
BCD: NIL for specified countries
IGST: See Extract
8806 22 00 - With maximum take-off weight more than 250 g but not more than 7 kg u 10% - BCD: 2.5%
BCD: NIL for specified countries
IGST: See Extract
8806 23 00 - With maximum take-off weight more than 7 kg but not more than 25 kg u 10% - BCD: 2.5%
BCD: NIL for specified countries
IGST: See Extract
8806 24 00 -- With maximum take-off weight more than 25 kg but not more than 150 kg u 10% - BCD: 2.5%
BCD: NIL for specified countries
IGST: See Extract
8806 29 00 - Other u 10% - BCD: 2.5%
BCD: NIL for specified countries
IGST: See Extract
  - Other        
8806 91 00 - With maximum take-off weight not more than 250 g u 10% - BCD: 2.5%
BCD: NIL for specified countries
IGST: See Extract
8806 92 00 - With maximum take-off weight more than 250 g but not more than 7 kg u 10% - BCD: 2.5%
BCD: NIL for specified countries
IGST: See Extract
8806 93 00 -- With maximum take-off weight more than 7 kg but not more than 25 kg u 10% - BCD: 2.5%
BCD: NIL for specified countries
IGST: See Extract
8806 94 00 -- With maximum take-off weight more than 25 kg but not more than 150 kg u 10% - BCD: 2.5%
BCD: NIL for specified countries
IGST: See Extract
8806 99 00 - Other u 10% - BCD: 2.5%
BCD: NIL for specified countries
IGST: See Extract
8807

Parts of goods of heading 8801, 8802 or 8806

       
8807 10 00 - Propellers and rotors and parts thereof u 3% - BCD: 2.5%
IGST: 5%
8807 20 00 - Under-carriages and parts thereof u 3% - BCD: 2.5%
IGST: 5%
8807 30 00 - Other parts of airplanes, helicopters or unmanned aircraft u 3% - BCD: 2.5%
BCD: See Notifications for specified countries
IGST: 5%
8807 90 00 - Other u 10% - BCD: NIL
IGST: 5%

Note:-Additional Duty exempted on all goods except (Petroleum Crude, Motor spirit known as petrol; High speed diesel; Aviation Turbine Fuel; Liquefied natural gas and Natural Gas) w.e.f. 01.07.2017 vide Notification No.53/2017-cus. dated 30.06.2017.

Conditions

1. (a) If, imported for maintenance, repair or overhauling of aircraft, not registered or intended to be registered in India, but to be removed from India within six months or as extended by the Director General of Civil Aviation in the Ministry of Civil Aviation; and
(b) carries passengers in the flight at the beginning and end of the stay period in India, but undertakes no commercial flights during the stay period.
(Vide:- Notification No.50/2017-Condition No- 76)

2.
If the components or parts, including engines, of aircraft of heading 8802, is imported for maintenance, repair or overhauling by units approved by the Director General of Civil Aviation in the Ministry of Civil Aviation for the said purpose and such components or parts, including engines, of aircraft of heading 8802 are exported subsequent to such maintenance, repair or overhauling. (Vide:- Notification No.50/2017-Condition No- 77)

3. If, -
(i) imported by an operator or on behalf of the operator, for operating scheduled air transport service or scheduled air cargo service, and such aircraft is used for operating the scheduled air transport service or the scheduled air cargo service, as the case may be; or
(ii) the said aircraft is not registered or not intended to be registered in India, and brought into India for the purpose of a flight to or across India, and which is intended to be removed from India within fifteen days, or as extended by the competent authority in Ministry of Civil aviation, not exceeding sixty days, from the date of entry.
Explanation.- For the purposes of this entry,
(a) "operator" means a person, organisation or enterprise engaged in or offering to engage in aircraft operation;
(b) "scheduled air transport service" means an air transport service undertaken between the same two or more places and operated according to a published time table or with flights so regular or frequent that they constitute a recognizably systematic series, each flight being open to use by members of the public; and
(c) "scheduled air cargo service" means air transportation of cargo or mail on a scheduled basis according to a published time table or with flights so regular or frequent that they constitute a recognizably systematic series, not open to use by passengers. (Vide:- Notification No.50/2017-Condition No- 79)

4. If,-
(a) the aircraft is imported by,-
(i) the Aero Club of India, New Delhi, recognized as a National Sports Federation by Ministry of Youth Affairs and Sports, Government of India; or
(ii) a Flying Training Institute approved by the competent authority in the Ministry of Civil Aviation; and
(b) the importer has been granted approval by the competent authority in the Ministry of Civil Aviation to import aircraft for use in imparting training; and
(c) the importer furnishes an undertaking to the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, at the time of importation that:-
a. the said aircraft shall be used for the specified purpose only and he shall pay on demand, in the event of his failure to use the imported aircraft for the specified purpose, an amount equal to the duty payable on the said aircraft but for the exemption under this notification;
b. the aircraft imported under this concession shall not be sold/transferred to an entity other than a flying training institute approved by the Directorate General of Civil Aviation.
(d) the aircraft is imported by the Airports Authority of India for flight calibration purposes and at the time of importation, the Airports Authority of India furnishes an undertaking to the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, that :-
a. the said aircraft shall be used for flight calibration purposes only and in the event of their failure to use the imported aircraft for the specified purpose, they shall pay, on demand, an amount equal to the duty payable on the said aircraft but for the exemption under this notification; and
b. the said aircraft shall not be sold or transferred to any other entity. (Vide:- Notification No.50/2017-Condition No- 80)

5. (i) the aircraft are imported by an operator who has been granted approval by the competent authority in the Ministry of Civil Aviation to import aircraft for providing non-scheduled (passenger) services or non-scheduled (charter) services; and
(ii) the importer furnishes an undertaking to the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, at the time of importation that:-
a. the said aircraft shall be used only for providing non- scheduled (passenger) services or non-scheduled (charter) services, as the case may be; and
b. he shall pay on demand, in the event of his failure to use the imported aircraft for the specified purpose, an amount equal to the duty payable on the said aircraft but for the exemption under this notification.
Explanation.-
(1) for the purposes of this entry,-
(a) ‘operator’ means a person, organization, or enterprise engaged in or offering to engage in aircraft operation;
(b) ‘non-scheduled (passenger) services’ means air transport services other than Scheduled (passenger) air transport services as defined in rule 3 of the Aircraft Rules 1937.
(c) ‘non-scheduled (charter) services’ mean services provided by a ‘non-scheduled (charter) air transport operator’, for charter or hire of an aircraft to any person, with published tariff, and who is registered with and approved by Directorate General of Civil Aviation for such purposes, and who conforms to the civil aviation requirement under the provision of rule 133A of the Aircraft Rules 1937:
2. For the purpose of this exemption, use of such imported aircraft by a non-scheduled (passenger) operator for non-scheduled (charter) services or by a non-scheduled (charter) operator for non-scheduled (passenger) services, shall not be construed to be a violation of the conditions of import at concessional rate of duty. (Vide:- Notification No.50/2017-Condition No- 81)