1984 (3) TMI 380 - AT - Customs

Summary

Issues:
Classification of imported goods under the Customs Tariff Act, 1975 - Dispute regarding duty assessment under different headings - Interpretation of Heading No. 28.01/58(12) and 32.04/12(1) - Consideration of technical literature and manufacturer's catalog in determining classification.

Detailed Analysis:

1. Background and Procedural History: The appeals were transferred to the Tribunal under Section 131-B of the Customs Act, 1962, for adjudication. The dispute arose from the re-assessment sought by the appellants for imported Titanium Dioxide under a different heading for duty calculation, which was initially rejected by the Customs authorities.

2. Contentions of Appellants: The appellants argued that the imported Titanium Dioxide falls under Heading No. 28.01/58(12) of the Import Tariff Schedule, emphasizing that it is not restricted to pure or untreated grade. They relied on technical literature and expert opinions to support their classification claim.

3. Contentions of Respondent: The respondent contended that only pure Titanium Dioxide without admixtures falls under Chapter 28, as per the Chapter notes. They highlighted the trade's understanding and previous government orders on similar issues to support their stance.

4. Analysis of Tribunal: The Tribunal considered the CCCN notes and the explanatory notes under Chapter 28 and 32 for classification guidance. It was noted that unmixed Titanium Dioxide without surface treatment falls under Chapter 28, while surface-treated or mixed forms are classified under Chapter 32.

5. Manufacturer's Catalog and Technical Literature: The Tribunal extensively reviewed the manufacturer's catalog provided by the appellants, which described the imported goods as a pigment grade of Titanium Dioxide, specifically surface-coated. The technical details from the catalog were given significant weight in determining the classification of the goods.

6. Conclusion: Based on the manufacturer's technical literature and the nature of the imported goods being a pigment grade with surface coating, the Tribunal concluded that the appropriate classification is under Heading No. 32.04/12(1). Consequently, all the appeals were dismissed, and the original duty assessment upheld.

7. Final Order: The Tribunal rejected the appeals, directing that a copy of the order be placed on each appeal file for reference. The decision was based on the classification principles derived from the CCCN notes and the manufacturer's catalog, emphasizing the surface-coated nature of the imported Titanium Dioxide.