Sprint CPA Ltd v Revenue & Customs [2011] UKFTT 733 (TC) (14 November 2011)

Sprint CPA Ltd v Revenue & Customs [2011] UKFTT 733 (TC) (14 November 2011)

Although the seat component of the product is a saddle by its objective characteristics, the imported product as a whole is a composite child seat, not a saddle. The correct customs classification is 'other' (CN code 8714 99 90 89), not 'saddles' (CN code 8714 95 00).

Citation
[2011] UKFTT 733 (TC)
Parties
Appellant: Sprint C P A Ltd; Respondents: The Commissioners for Her Majesty’s Revenue and Customs
Jurisdiction
United Kingdom
Judgment Date
14 November 2011
Procedural Posture
Appeal / First Tier Tribunal (tax) Decision
Outcome
Appeal allowed
Legal Topics
Customs Classification, Anti Dumping Duty, Combined Nomenclature, Import Duties, Tariff Codes

Case Brief

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Parties

Sprint C P A Ltd

Appellant

The Commissioners for Her Majesty’s Revenue and Customs

Respondents

Procedural Posture

Appeal / First Tier Tribunal (tax) Decision

  1. 1 Whether the imported Top Tube Child Seat is correctly classified as a 'saddle' under CN code 8714 95 00 or as 'other' under CN code 8714 99 90 89 for customs and anti-dumping duty purposes.

Ratio Decidendi

Although the seat component of the product is a saddle by its objective characteristics, the imported product as a whole is a composite child seat, not a saddle. The correct customs classification is 'other' (CN code 8714 99 90 89), not 'saddles' (CN code 8714 95 00).

Court Disposition

Appeal allowed

Orders

  • The product is to be classified under CN code 8714 99 90 89 as 'other'.
  • Anti-dumping duty and additional VAT demand are not payable.