1984 (7) TMI 367 - AT - Customs

Summary

Issues:
Classification of imported product "SANTI-CIZER 429" under Customs Tariff Act, 1975.

Analysis:
The appeal involved a dispute over the classification of the product "SANTI-CIZER 429" imported by the appellants at the port of Bombay. The Customs authorities initially classified the goods under Heading No. 39.01/06 of the Customs Tariff Act, 1975, and charged duty at a specific rate. The appellants contended that the product should be classified as a plasticizer under Heading No. 38.01/19(6) at a different duty rate. The Assistant Collector of Customs rejected the claim due to lack of documentation. The Appellate Collector, in a previous order, held that the product was not covered by a specific item in the Customs Tariff Schedule and was not liable for additional duty.

In the transferred revision application, the appellants argued that the Customs Tariff Schedule did not cover polymerization products that were not synthetic resins or artificial plastics at the time of import. They also referred to a previous order by the Appellate Collector on a similar issue.

During the hearing, the appellants' counsel argued that the product did not fall under the specific classification mentioned in the Customs Tariff Schedule, citing technical details and manufacturer's information. The respondent's representative defended the previous order, emphasizing the distinction made between plasticizers with resinous properties and those without.

The technical leaflet on the product described it as a medium-high molecular polyester plasticizer with various properties. Reference was made to expert sources explaining the role of plasticizers in materials and their interaction with polymers.

The Tribunal analyzed the technical characteristics of the product and relevant expert opinions. It concluded that the product, being a plasticizer and not a resin or plastic material itself, should have been classified under a different heading in the Customs Tariff Schedule. The Tribunal allowed the appeal, directing consequential relief to be granted to the appellants within a specified timeframe.