2007 (4) TMI 32 - AT - Central Excise

Classification Revenue contended that the appellant goods is classifiable under Tariff Heading 2818.20 as Aluminium oxide rather than CTH 26.06 as Bauxite contended by appellant Held that revenue contention is correct and said good classifiable under Tariff Heading 2818.20

Summary

Issues involved: Correct classification of Brown Fused Alumina imported by the appellants under Tariff Heading 2818.20 as Aluminum Oxide or under CTH 26.06 as Bauxite.

Analysis:
The appeal involved the classification of Brown Fused Alumina imported by the appellants. The Revenue argued for classification under Tariff Heading 2818.20 as Aluminum Oxide, while the appellants contended it should be under CTH 26.06 as Bauxite. The learned Advocate argued that Brown Fused Alumina should be classified as Bauxite ore, emphasizing the differences between the impugned product and Artificial Corundum. The Departmental Representative supported the Revenue's classification based on technical literature and HSN Explanatory Notes.

Upon careful review of the case records, it was found that Brown Fused Alumina was originally classified under CH 2606 as Aluminium ores but later a Show Cause Notice was issued for classification under Chapter 28. The original authority determined that Brown Fused Alumina cannot be considered Bauxite, rejecting the appellant's argument that there is no difference between Calcined Bauxite and Brown Fused Alumina. The Tribunal agreed with the original authority, highlighting the differences in chemical composition and manufacturing processes between Bauxite and Brown Fused Alumina. The original authority's classification under CTH 2818.20 as Aluminum Oxide was upheld based on a test report confirming the presence of alumina in the imported goods.

The Commissioner (Appeals) extensively analyzed the relevant Tariff chapters and technical literature to conclude that the impugned product is Artificial Corundum, not Bauxite. Referring to CBEC Circular and HSN Notes, the Commissioner reasoned that the impugned item did not fit under Chapter 26 but aligned with Artificial Corundum under Chapter 28. The Commissioner also cited external sources, such as American and Japanese Customs documents, supporting the classification of Brown Fused Alumina as Artificial Corundum. Ultimately, the Tribunal dismissed the appeal, affirming the Commissioner's classification under Chapter 28.

In conclusion, the judgment thoroughly examined the chemical composition, manufacturing processes, and external sources to determine the correct classification of Brown Fused Alumina. The decision rested on the distinctions between Bauxite, Aluminum Oxide, and Artificial Corundum, ultimately upholding the classification under Chapter 28 as Artificial Corundum.