1985 (3) TMI 258 - AT - Customs

Summary

Issues:
Rejection of claim for re-assessment of synthetic industrial diamonds under Customs Tariff Act, 1975; Interpretation of Tariff Headings 71.02, 71.03, and 71.04; Applicability of specific tariff entries to imported goods.

Analysis:
The appellants contested the rejection of their claim for re-assessment of synthetic industrial diamonds under Heading 71.02(3) of the Customs Tariff Act, 1975. The lower authorities upheld the assessment under Heading 71.04, categorizing the goods as dust and powder of natural or synthetic stones due to their small size. The appellants argued that the diamonds were synthetically produced and did not undergo crushing or cutting. They relied on the wording of Heading 71.04 and Explanatory Notes to support their interpretation. They highlighted the historical concessional duty on industrial diamonds, indicating legislative intent. The Department contended that the exemption notification applied only from its issuance date and not retroactively.

The Tribunal examined the relevant tariff entries, noting that Heading 71.02 pertained to natural stones, while the imported goods were synthetic. Considering this, the Tribunal suggested that Heading 71.03 might be more suitable if not falling under 71.04. Both parties agreed that synthetic diamonds fell under Heading 71.03, acknowledging that industrial diamonds were specified under Heading 71.02(3). However, the Department argued that 71.04 specifically covered dust and powder.

After thorough consideration, the Tribunal concurred with the appellants that Heading 71.04 required dust and powder from natural or synthetic stones, which did not apply to the imported goods. Given the synthetic production of the diamonds without crushing or cutting, the Tribunal concluded that neither Heading 71.04 nor 71.02 applied. Consequently, the goods were deemed to fall under Heading 71.03, the only remaining relevant entry. The Tribunal set aside the previous order, directing reassessment under Heading 71.03 with any applicable exemption notification. Relief, if warranted upon reassessment, was to be granted to the appellants.

In conclusion, the Tribunal disposed of the appeals in favor of the appellants, emphasizing the correct classification of the imported synthetic industrial diamonds under the Customs Tariff Act.