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Issues:
Classification of Phenyal Xylyl Ethane (Nisseki Condensor Oil-S) under Customs Tariff Heading 3824.90 or sub-heading 2902.90. Analysis: The dispute revolves around the correct classification of Phenyal Xylyl Ethane, specifically whether it should be classified under Customs Tariff Heading 3824.90 or sub-heading 2902.90. The Deputy Commissioner initially classified it under 3824.90, while the Commissioner of Customs (Appeals) reversed this decision and classified it under 2902.90. The Revenue's appeal seeks to restore the original classification under 3824.90. Upon review, it was noted that Heading 2902.90 pertains to "Cyclic Hydrocarbons," whereas Heading 3824 relates to "Prepared binders for foundry moulds or cores; chemical products and preparations of the chemical or allied industries." Both parties relied on Note 1(b) to Chapter 29, which deals with mixtures of isomers of the same organic compound. The Deputy Chief Chemist's report indicated that the item in question consists of 4 organic chemicals with the same molecular formula and weight, making them isomeric mixtures or cyclic hydrocarbons. The grounds for the Revenue's appeal included arguments regarding the constituents of the imported goods not being isomers of a single compound and the misclassification of cyclic hydrocarbons as acyclic hydrocarbons. The Tribunal analyzed Note 1(b) and the technical opinion, concluding that the item is a cyclic hydrocarbon based on its composition. It was highlighted that Note 1(b) does not exclude cyclic hydrocarbons from Heading 2902, only mixtures of acyclic hydrocarbon isomers. Therefore, the classification under 2902 was deemed appropriate, supported by the specific reference to "cyclic hydrocarbon" in that heading. Additionally, the Commissioner's acknowledgment of a previous order-in-appeal supporting the classification under Heading 2902 further strengthened the decision. Ultimately, the Tribunal found no error in the Commissioner's classification and rejected the appeal, affirming the classification under sub-heading 2902.90 for Phenyal Xylyl Ethane.
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