2006 (7) TMI 396 - AT - Central Excise

Summary

Issues: Classification of toothbrush handles under Tariff Heading 96.03 or sub-heading 3926.90; Marketability of the impugned goods.

Classification Issue:
The dispute revolves around the classification of toothbrush handles made of plastic under Tariff Heading 96.03 or sub-heading 3926.90. The lower appellate authority classified the handles as essential parts of brushes under Heading 96.03, attracting nil duty. The appellant Commissioners challenged this classification, seeking classification under sub-heading 3926.90. The HSN Explanatory Notes and Chapter Notes were cited to support the argument that handles, as parts of brushes, should be classified under Chapter 39, not under Chapter 96. The impugned goods lacked the essential characteristics of a toothbrush, notably the absence of bristles required for cleaning teeth. The Tribunal held that the handles are appropriately classifiable under sub-heading 3926.90, covering other plastic articles, not under Heading 96.03.

Marketability Issue:
The second issue pertains to the marketability of the impugned goods. While the toothbrush handles are manufactured products, the question arises on their marketability. The respondent argued that the handles are not marketed independently but only supplied to a specific company, indicating non-marketability. Citing the decision in a Supreme Court case, it was emphasized that marketability is determined by the commercial identity of articles known for being bought and sold. The Court held that the handles, not being a commercially known product and unavailable in the market, do not meet the test of marketability. Consequently, the handles were deemed non-excisable goods and not liable to excise duty. The Tribunal dismissed the appeals and cross-objections, concluding that the impugned goods, though classifiable under a specific sub-heading, are not marketable and therefore not subject to excise duty.