2010 (5) TMI 790 - CGOVT - Customs

Summary

Issues involved:
1. Supplementary claim for drawback filed by the appellant.
2. Classification of goods for the purpose of granting drawback.
3. Interpretation of General Rules for classification of goods.
4. Application of General Note 13 of the General Notes for Drawback rates.
5. Consideration of recent Board decision on classification and rate of drawback for mixed composition goods.
6. Decision on the revision application under Section 129DD of the Customs Act, 1962.

Detailed Analysis:
1. The appellant filed a supplementary claim for the release of the balance amount of Drawback for specific shipping bills. The claim was within the condonation period, as the original processing amount was found to be low. The lower authority directed processing the supplementary claim based on the net content of constituent materials at the applicable Drawback rate. The appellant appealed this decision before the Commissioner of Customs (Appeals), who rejected the appeal.

2. The appellant contended that the goods exported should be classified under Tariff Item 3918909002 for claiming Drawback. They argued that the General Rules for Interpretation of the Import Tariff should be referred to for classification. The appellant emphasized Rule 2(b) and Rule 3(b) for goods consisting of multiple materials and composite goods, respectively.

3. The appellant's interpretation of the General Rules for classification was based on the essential character of the goods and specific descriptions. They argued that Note 13 of the General Notes was not applicable in this case. They also cited a recent Board decision on the classification and rate of drawback for goods with mixed compositions to support their claim.

4. During the personal hearing, the appellant reiterated their position that the export item should be classified as Polypropylene mats under the relevant Drawback Schedule. The Department argued that the item exported was a composite product and eligible for drawback under a specific category.

5. The Central Government reviewed the case records, orders, relevant Acts/Rules, and notifications. They considered the discrepancy in descriptions of the goods and the constituents of the exported item, which led to the classification issue.

6. The Government opined that the Drawback scheme is a specific compensating scheme for individual export products, and its applicability should be decided within the specified parameters. They emphasized that the description of goods in the Schedule should align with the Customs Tariff Act and General Note 13 for composite articles. The Government rejected the appellant's arguments for classification based on allied Acts/Rules, as it would undermine the specific Rules of Drawback.

In conclusion, the Government found no merit in the appellant's revision application and upheld the decisions of the lower authorities, ultimately rejecting the revision application under Section 129DD of the Customs Act, 1962.