2007 (2) TMI 440 - AT - Central Excise

Summary

Issues: Classification of imported 'Micro Silica' under Customs Tariff Heading and eligibility for Project Import under Chapter 98.

Classification Dispute:
The appeals challenged the Order-in-Appeal classifying 'Micro Silica' under Tariff Heading 28 instead of Heading 25, as claimed by the appellant. The appellant argued that Silicon Dioxide should be classified under Heading 25 as 'natural sands', relying on HSN Notes and precedent. However, the respondent contended that Heading 25 pertains to naturally occurring sands, not manufactured items like silicon dioxide. The Tribunal analyzed the manufacturing process of Micro Silica, highlighting the creation of silicon dioxide from quartz at high temperatures, indicating a new product's manufacture. Notably, sub-heading 2811 specifically covers 'silicon dioxide', emphasizing specific classification over generic headings. Consequently, the Tribunal upheld the impugned order's classification under Chapter 28, dismissing the appellant's claim under Chapter 25.

Project Assessment Claim:
Regarding the benefit of Project Import under Chapter 98, the appellant's imports were linked to the Tehri Hydro project, explicitly stated in their communication with Customs authorities. The appellant detailed the specific use of 500 MTs of Micro Silica in the project's construction, indicating a direct connection. Despite this, the original order did not address this claim, merely assessing the bill of entry without justifying the denial of Chapter 98 benefits. The Tribunal emphasized the necessity for Customs authorities to reconsider the appellant's claim under Chapter 98, directing a fresh assessment. Consequently, the appeal was allowed for remand to reevaluate the eligibility for Project Import benefits under Chapter 98, emphasizing the project's direct association with the imported Micro Silica.

This detailed analysis of the legal judgment from the Appellate Tribunal CESTAT, New Delhi, highlights the classification dispute and the project assessment claim concerning the import of 'Micro Silica'. The judgment delves into the nuances of Customs Tariff Headings, manufacturing processes, and project-specific import benefits, providing a comprehensive overview of the issues addressed and the Tribunal's reasoned decisions.