1984 (6) TMI 242 - AT - Customs

Summary

Issues: Classification of imported goods under Customs Tariff Schedule, Correct assessment of duty, Applicability of Section Note 2 to Section XVII

In this case, the appellants imported spares for specific machinery and disputed the assessment of duty by Customs authorities. The goods were initially assessed under Heading No. 39.07 of the Customs Tariff Schedule, but the appellants claimed they should be classified under Heading No. 87.04/06(2) or as "machinery parts, not elsewhere specified" under Heading No. 84.65. The Assistant Collector and the Appellate Collector upheld the original assessment, stating that the goods were correctly classified based on the material they were made of. The appellants argued that the goods were identifiable parts of the machinery and should be classified under Heading No. 87.04/06(2). The Tribunal analyzed Section Note 2 to Section XVII, which excludes certain articles from being considered as parts or accessories for classification purposes. The Tribunal found that the goods in question, being packings, rings, and seals, were akin to joints, washers, and the like, and therefore, were rightly classified under Chapter 39. The appellants' alternative claim for classification under Heading No. 84.65 was also dismissed since the goods were deemed correctly classified under Chapter 39. As a result, the appeal was rejected, and the original assessment of duty was upheld.