2003 (7) TMI 339 - AT - Central Excise

Summary

Issues:
Classification of aluminium tubes under Chapter sub-heading 7608.10/7608.20 or Chapter SH 8418.90.

Analysis:
The dispute revolves around the classification of aluminium tubes, whether they should be categorized under Chapter sub-heading 7608.10/7608.20 as contended by the assessee or under Chapter SH 8418.90 as asserted by the Department. The assessee manufactures aluminium tubes through a process of conform extrusion and clears them, claiming classification under Chapter sub-heading 7608.10. The Department argues that since the tubes are filled with nitrogen gas, sealed, and used in the manufacture of evaporators for refrigerators, they should be classified under Chapter SH 8418.90 as part of refrigerators.

Upon reviewing the impugned order, it is noted that the Commissioner thoroughly analyzed the issue. The Commissioner's analysis highlighted various key points, such as the purpose of filling nitrogen gas, the process involved in using the tubes for refrigerators, the necessity of cutting and shaping the tubes for evaporators, and the fact that the tubes are sent in running lengths and not cut to specific refrigerator lengths. The Commissioner also referred to HSN notes in Section XV, emphasizing that parts of general use are excluded, and as such, the aluminium tubes in question should be treated as tubes for general use until cut and shaped for specific refrigerator parts.

The Revenue representative referred to a Board's Circular and argued that if the items are solely and exclusively used as part of refrigerators, they should be classified under Chapter 8418. However, it was acknowledged that there was no substantiation to prove exclusive use in refrigerators. The Counsel highlighted a Tribunal decision supporting the Commissioner's observation that the material is not used as a part of refrigerators.

After considering the submissions and reviewing the records, including the impugned order, the Tribunal found that the Commissioner's analysis of classifying the items under Chapter sub-heading 7608.10/7608.20 was appropriate. Consequently, the Tribunal dismissed the appeals filed by the Revenue, upholding the classification of the aluminium tubes under Chapter sub-heading 7608.10/7608.20 as per the assessee's claim.