Chapter 39 - Plastics and articles thereof

Notes
1. Throughout this Schedule, the expression "plastics" means those materials of headings 3901 to 3914 which are or have been capable, either at the moment of polymerisation or at some subsequent stage, of being formed under external influence (usually heat and pressure, if necessary with a solvent or plasticiser) by moulding, casting, extruding, rolling or other process into shapes which are retained on the removal of the external influence. Throughout this Schedule any reference to "plastics" also includes vulcanised fibre. The expression, however, does not apply to materials regarded as textile materials of Section XI.
2. This Chapter does not cover:
  • (a) lubricating preparations of heading 2710 or 3403;
  • (b) waxes of heading 2712 or 3404;
  • (c) separate chemically defined organic compounds (Chapter 29);
  • (d) heparin or its salts (heading 3001);
  • (e) solutions (other than collodions) consisting of any of the products specified in headings 3901 to 3913 in volatile organic solvents when the weight of the solvent exceeds 50% of the weight of the solution (heading 3208); stamping foils of heading 3212;
  • (f) organic surface-active agents or preparation of heading 3402;
  • (g) run gums or ester gums (heading 3806);
  • (h) prepared additives for mineral oils (including gasoline) or for other liquid, used for the same purposes as mineral oils (heading 3811);
  • (ij prepared hydraulic fluids based on polyglycols, silicones or other polymers of Chapter 39 (heading 3819);
  • (k) diagnostic or laboratory reagents on a backing of plastics (heading 3822);
  • (l) synthetic rubber, as defined for the purpose of Chapter 40, or articles thereof;
  • (m) saddlery or harness (heading 4201) or trunks, suit-cases, hand-bags or other containers of heading 4202;
  • (n) plaits, wickerwork or other articles of Chapter 46;
  • (o) wall coverings of heading 4814;
  • (p) goods of Section XI (textiles and textile articles);
  • (q) articles of Section XII (for example, footwear, headgear, umbrellas, sun umbrellas, walkingsticks, whips, riding-crops or parts thereof);
  • (r) imitation jewellery of heading 7117;
  • (s) articles of Section XVI (machines and mechanical or electrical appliances);
  • (t) parts of aircraft or vehicles of Section XVII;
  • (u) articles of Chapter 90 (for example, optical elements. spectacle frames, drawing instruments);
  • (v) articles of Chapter 91 (for example. clock or watch cases);
  • (w) articles of Chapter 92 (for example. musical instruments or parts thereof);
  • (x) articles of Chapter 94 (for example, furniture, lamps and lighting fittings, illuminated signs, prefabricated buildings);
  • (y) articles of Chapter 95 (for example, toys, games, sports requisites); or
  • (z) articles of Chapter 96 (for example, brushes, buttons, slide fasteners, combs, mouth-pieces or stems for smoking pipes, cigarette-holders or the like, parts of vacuum flasks or the like, pens, propelling pencils and monopods, bipods, tripods and similar articles).
3. Headings 3901 to 3911 apply only to goods of a kind produced by chemical synthesis, falling in the following categories:
  • (a) liquid synthetic polyolefins of which less than 60% by volume distils at 300°C, after conversion to 1.013 millibars when a reduced pressure distillation method is used (headings 3901 and 3902);
  • (b) resins, not highly polymerised, of the coumarone-indene type (heading 3911);
  • (c) other synthetic polymers with an average.of at least 5 monomer units;
  • (d) silicones (heading 3910);
  • (e) resols (heading 3909) and other prepolymers.
4. The expressions "copolymers" covers all polymers in which no single monomer unit contributes 95% or more by weight to the total polymer content. For the purposes of this Chapter, except where the context otherwise requires. copolymers (including co- polycondensates, co-polyaddition products, block copolymers and graft copolymers) and polymer bends are to be classified in the heading covering polymers of that comonomer unit which predominates by weight over every other single comonomer unit. For the purposes of this Note. constituent comonomer units of polymers falling in the same heading shall be taken together. If no single comonomer unit predominates. copolymers or polymer blends, as the case may be, are to be classified in the heading which occurs last in numerical order among those which equally merit consideration.
5. Chemically modified polymers, that is those in which only appendages to the main polymer chain have been changed by chemical reaction, are to be classified in the heading appropriate to the unmodified polymer. This provision does not apply to graft copolymers.
6. In headings 3901 to 3914, the expression "primary forms" applies only to the following forms:
  • (a) liquids and pastes, including dispersions (emulsions and suspensions) and solutions;
  • (b) blocks of irregular shape. lumps, powders (including moulding powders). granules. flakes and similar bulk forms.
7. Heading 3915 does not apply to waste, parings and scrap of a single thermoplastic material, transformed into primary forms (headings 3901 to 3914).
8. For the purposes of heading 3917, the expression "tubes, pipes and hoses" means hollow products, whether semi-manufactures or finished products, of a kind generally used for conveying, conducting or distributing gases or liquids (for example. ribbed garden hose, perforated tubes). This expression also includes sausage casings and other lay-flat tubing. However, except for the last-mentioned. those having an internal cross-section other than round, oval, rectangular (in which the length does not exceed 1.5 times the width) or in the shape of a regular polygon are not to be regarded as tubes, pipes and hoses but as profile shapes.
9. For the purposes of heading 3918, the expression "wall or ceiling coverings of plastics" applies to products in rolls, of a width not less than 45 cm, suitable for wall or ceiling decoration, consisting of plastics fixed permanently on a backing of any material other than paper, the layer of plastics (on the face side) being grained, embossed, coloured. design-printed or otherwise decorated.
10. In headings 3920 and 3921, the expression "plates. sheets, film foil and strip" applies only to plates, sheets, f4., foil and strip (other than those of Chapter 54) and to blocks of regular geometric shape, whether or not printed or otherwise surface-worked, uncut or cut into rectangles (including squares) but not further worked (even if when so cut they become articles ready for use).
11.Heading 3925 applies only to the following articles, not being products covered by any of the earlier headings of sub-Chapter II:
  • (a) reservoirs. tanks (including septic tanks), vats and similar containers, of a capacity exceeding 3001;
  • (b) structural elements used, for example, in floors, walls or partitions, ceilings or roofs;
  • (c) gutters and finings thereof;
  • (d) doors, windows and their frames and thresholds for doors;
  • (e) balconies, balustrades, fencing, gales and similar barriers:
  • (f) shutters, blinds (including Venetian blinds) and similar articles and parts and fittings thereof;
  • (g) large scale shelving for assembly and permanent installation, for example, in shops, workshops. warehouses;
  • (h) ornamental architectural features, for example, flutings. cupolas, dovecotes; and
  • (ij) fittings and mountings intended for permanent installation in or on doors, windows, staircases, walls or other parts of buildings, for example, knobs, handles, hooks, brackets, towel rails, switch-plates and other protective plates.
GST Rates of Goods
Chapter HeadingDescriptionRate of GSTScheduleSr.No
3914 Ion exchangers based on polymers of headings 3901 to 3913. in primary forms18%III101
3915parings and scrap, of plastics18%III102<sup>1</sup>
3916Monofilament of which any cross-sectional dimension exceeds 1 mm, rods, sticks and profile shapes, whether or not surface-worked but not otherwise worked, of plastics18%III103
3917Tubes, pipes and hoses, and fittings therefor, of plastics18%III104
3918'Floor coverings of plastics, whether or not self-adhesive, in rolls or in form of tiles; wall or ceiling coverings of plastics28%IV43<sup>2</sup>
3919 Self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, whether or not in rolls18%III105
3920Other plates, sheets, film, foil and strip, of plastics, non-cellular and not reinforced, laminated, supported or similarly combined with other materials 18%III106
3921 Other plates, sheets, film, foil and strip, of plastics18%III107
3922 Baths, shower baths, sinks, wash basins, bidets, lavatory pans, scats and covers, flushing cisterns and similar sanitary ware of plastics28%IV44<sup>3</sup>
3923Articles for the conveyance or packing of goods, of plastics; stoppers, lids, caps and other closures, of plastics18%III108
3924 Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics 18%III109
3925 Builder's wares of plastics, not elsewhere specified18%III110
3926 Feeding bottles5%I81
6305 Woven and non-woven bags and sacks of polyethylene or polypropylene strips or the like, whether or not laminated, of a kind used for packing of goods 18%II80AA<sup>4</sup>
Waste, parings or scrap, of plastics5%I187A<sup>1</sup>
3918Floor in coverings of plastics, whether or not self-adhesive, in rolls or form of tiles; wall or ceiling coverings of plastics18%III104A<sup>2</sup>
3922Baths, shower baths, sinks, wash basins, bidets, lavatory pans, scats and covers, flushing cisterns and similar sanitary ware of plastics18%III107A<sup>3</sup>
3923 Articles for the conveyance or packing of goods, of plastics; stoppers, lids, caps and other closures, of plastics (except the items covered in Sr. No. 80AA in Schedule II)18%III108<sup>4</sup>
3923 Woven and non-woven bags and sacks of polyethylene or polypropylene strips or the like, whether or not laminated, of a kind used for packing of goods 18%II80AA<sup>4</sup>
3926 Plastic beads12%II82
3926 Other articles of plastics and articles of other materials of headings 13901 to 3914 [other than bangles of plastic, PVC Belt Conveyor, plastic beads and plastic tarpaulins, medical grade sterile disposable gloves, plastic raincoats]28%IV45<sup>2</sup>
3926 PVC Belt Conveyor, Plastic Tarpaulin18%III111
3926 PVC Belt Conveyor, [Plastic Tarpaulin, Medical grade sterile disposable gloves, Plastic raincoats] 18%III111<sup>3</sup>
3926 Other articles of plastics and articles of other materials of headings 3901 to 3914 [other than bangles of plastic, plastic beads and feeding bottles] 18%III111<sup>4</sup>
[other than 3926 40 11, Other articles of plastics and articles of other materials of headings 3901 to 3914 [other than bangles of plastic, PVC Belt Conveyor, plastic beads and plastic tarpaulins]28%IV45
3926 90 10Other articles of plastics and articles of other materials of headings 3901 to 3914 ['other than bangles of plastic, PVC Belt Conveyor, Iplastic beads and plastic tarpaulins, medical grade sterile disposable gloves, plastic raincoats]28%IV45<sup>1</sup>
3901 to 3913 All goods i.e. polymers; Polyacetals, other polyethers, epoxide resins, polycarbonates, alkyd resins, polyallyl esters, other polyesters; polyamides; Amino-resins, phenolic resins and polyurethanes; silicones; Petroleum resins, coumarone-indene resins, polyterpenes, polysulphides, polysulphones and other products specified in Note 3 to this Chapter, not elsewhere specified or included; Cellulose and its chemical derivatives, not elsewhere specified or included; Natural polymers (for example, alginic acid) and modified natural polymers (for example, hardened proteins, chemical derivatives of natural rubber), not elsewhere specified or included; in primary forms18%III100
3926Plastic bangles 0%-111
Other Exemptions
DescriptionNotification
Exemption from Registration _ small Taxpayers having turnover below threshold limitNotification No. 10/2019-C.T., dated 7-3-2019
Composition Levy Scheme for Small Taxpayers having Turnover Up to Rs. 1.5 Crore — Old SchemeNotification No. 8/2017-C.T., dated 27-6-2017
Composition Levy Scheme for Small Taxpayers having Turnover up to Rs. 1.5 Crore — New SchemeNotification No. 14/2019-C.T., dated 7-3-2019
Scheme to Pay GST 0 6% - For Taxpayers having turnover less than Rs. 50 Lakhs and Not Eligible for Composition Scheme.Notification No. 2/2019-C.T. (Rate), dated 7-3-2019
Exemption to Specified Goods supplied to Specified Recipients for Petroleum Exploration etc.Notification No. 32017-Central Tax (Rate), dated 28-6-2017]
Exemption to Goods Supplied to CSD by way of Refund Notification No. 6/2017-Central Tax (Rate), New Delhi, dated 28-6-2017.
Exemption to goods supplied by CSDNotification No. 7/2017-Central Tax (Rate), New Delhi, dated 28-6-2017
United Nation, International Organisation and Foreign Diplomatic Mission Notified as Entitled for refund of GST Paid on supplies received.Notification No. 16/2017-Central Tax (Rate), dated 28-6-2017
Partial Exemption to Food Preparations meant for free distribution under Government Programs Notification No. 39/2017-CT. (Rate), dated 18-10-2017
Reduced GST on Supply of Goods to ExporterNotification No. 40/2017-CT. (Rate), dated 23-10-2017
Concessional GST on Supply of Scientific and technical equipment to research institutionsNotification No. 45/2017-C.T. (Rate), dated 14-11-2017
Departmental Clarifications / Case Law
Agricultural seedling tray
Hard plastic tray made of pure poly-propylene or recycled - Product being neither made of base metals nor having working edge not classifiable under Chapter 82 even if product used for germination of paddy - Tools whose working part is not one of the base metals to be classified based on constituent material of the working part as per General Explanatory Notes to Chapter 82 ibid - Therefore, classification under Tariff Item 3926 90 99 appropriate. - In Re Saro Enterprises 2019 (23) G.S.T.L. 536 (App. A.A.R. - GST)
Polypropylene Leno Bags shall be classifiable under Heading No. 392390 -In Re: RLI Woven Sacks Pvt. Ltd. 2019 (22) G.S.T.L. 120 (App. AAR-GST); In Re Mahalaxmi Polypack Pvt. Ltd. 2019 (23) G.S.T.L. 157 (AAR-GST); In Re Mega Flax Industries Ltd. 2018 (19) G.S.T.L. 159 (App. AAR-GST); In Re SMVD Polypack Pvt. Ltd., 2018 (17) G.S.T.L. 144 (AAR-GST).
Polypropylene woven and nonwoven bags and PP woven and non-woven bags laminated with BOPP would be classified as plastic bags under HS Code 3923 and would attract 18% GST; non-laminated woven bags would be classified as per their constituting materials. Whether the bag/sack has handle or not, is of no consequence. TRU clarification under Circular No. 80/54/2018-GST; In Re: Piyush Polytex Industries Pvt. Ltd 2019 (22) G.S.T.L. 318 (A.A.R. - GST)
Adhesive
If a good is sold in two sets consisting of two or more separate constituents, some or all of which fall in Sections VI or VII and the goods are intended to be mixed together to obtain a product falling under Sections VI or VII, then that product has to be classified in the appropriate heading of that product. In this case, admittedly the goods are sold in two sets one set being a polyurethanes resins and the other set being polyisocyanate. The polyurethane resin falls under T.I. No. 3909.60. When the above products are mixed together they become adhesives which is a product falling in T.I. No. 35.06. Commissioner v Converter Adhe & Chemicals (P) Ltd. 2006 (199) ELT 194 (S.C.)
Holograms
C.B.E. & C. Circular No. 35/96-Cus. - Classifying holograms - Self-adhesive embossed holograms under Heading 39.19 and embossed plastic holograms which are not self-adhesive alone, under Chapter 49 ibid - This circular did not set out the law correctly - Merely because a particular embossed hologram is self-adhesive, it cannot be said that in all cases it will attract entry 39 ibid - Primary use has to be seen, whether it is self-adhesive part or printed matter - It cannot be said that invariably in all cases self-adhesive hologram will fall within entry 39. Holostic India Ltd. v CCE, Noida 2015 (318) ELT 529 (S.C.).
Mats - Polypropylene mats
Said item is manufactured by plaiting together polypropylene mono-filament -appropriately covered under term "mono-filament and strips and the like of plastics" as described in Chapter 46 of Customs Tariff Act, 1975 - Further in terms of C.B.I. & C. Circular No. 4/2018-Cus., dated 24-1-2018, said item has been classified under sub-heading 4601 01 ibid for purpose of drawback - In view of above and also in light of decision in 2004 (170) ELT 432 (Tribunal), said goods appropriately classifiable under Chapter 46 ibid and not under Chapter 39 ibid - As regards rate of tax, these goods were taxable till 23-1-2018 with total GST rate of 12% under Entry 103 of Schedule-II of Notification No. 1/2017-C.T. (Rate) - Post amendment of said Notification on 23-1-2018, these are now covered under Entry No. 198A of notification ibid with GST rate of '5%. In Re: Abubacker Kaleel Rahman 2019 (23) G.S.T.L. 565 (A.A.R. - GST)
PVC floor Mat
Product, a plastic web on exposed surface and with a sheet-like backing of plastic -Manufactured in two stages: web of PVC formed in roll form and impregnation of web with a lamination of PVC - Product made of 100% plastic and contained no fabric, woven or non-woven or no textile yarn - Even in absence of relevant details about product, goods not similar that of Heading 5703 of Customs Tariff Act, 1975 - would fall in the Customs Tariff Heading 3918 and applicable rate of GST would be 18% (9% each of CGST and SGST)-/n Re: National Plastic Industries Limited 2018 (16) G.S.T.L. 287 (App. A.A.R. - GST).
Musical Jewellery Box
beautiful boxes made of plastic. Its design supports its intended use as a container of jewellery. The music attached to its utility is an added attraction incidental to its main purpose as a jewellery box. The HSN explanatory notes also support the plea of the revenue that the impugned item is not a toy musical instrument like a small accordion or piano. Classifiable under sub-heading 3926.90 of Customs Tariff Act, 1975 and not as toy musical box under sub-heading 9503.50 - Commissioner v Universal Ventures 2009 (234) ELT 573 (Tri. - Chennai).
Stick file of plastic, documents bag of plastic and certificate bag of plastic
These items are classified under HS code 3926. Prior to 15-11-2017, stick file of plastic, documents bag of plastic and certificate bag of plastic attracted 28% GST. With effect from 15-11-2017, stick file of plastic, documents bag of plastic and certificate bag of plastic attract 18% GST. [Notification No. 41/2017-Central Tax (Rate)] C.B.I. & C Circular F. No. 332/2/201 7-7RU, dated 7-12-2017
Plastic Bangles
Plastic bangles falling under heading 3926 are exempted from GST. C.B.I. & C Circular F. No. 332/2/201 7-TRU, dated 7-12-2017