2007 (6) TMI 19 - AT - Customs

Classification Revenue contended that the goods (non-alloy steel melting scrap consisting of skull) purchased by appellant are classifiable under Heading 2619 but as per appellant fall under Heading 7204 Held that said good classifiable under Heading 7204

Summary

Issues: Classification of imported goods under Heading 7204 49 00 of the CETA Schedule and Heading 2619.

Analysis:
1. The dispute revolves around the classification of the goods mentioned in the bill of entry. The importer seeks classification under Heading 7204 49 00, covering "Ferrous waste and scrap," while the Revenue argues for classification under Heading 2619 00 10, which includes 'slag, dross, and other waste from the manufacture of iron or steel.' The NML report identified the goods as non-alloy steel skull scrap suitable for melting, with 80% iron content. The importer contends that the presence of slag does not alter the classification, citing the CODE FOR CLASSIFICATION OF PROCESSED FERROUS SCRAP and relevant case laws, including a Tribunal decision and Government of India rulings. The importer asserts that the goods should be classified under Heading 7204.

2. The Revenue, however, relies on HSN Notes under the respective headings to argue that goods containing slag fall under Heading 2619 and are excluded from Heading 7204. The term 'skull scrap' is discussed, with reference to S.B. Sarkar's notes, which describe it as a mixture with minimal metal content. The Revenue contends that the goods imported do not align with the classification under Heading 7204, emphasizing the presence of slag. The importer challenges these assertions, highlighting errors in Sarkar's notes and presenting evidence supporting the classification under Heading 7204.

3. Upon careful consideration, the Tribunal notes discrepancies in Sarkar's notes and clarifies that the goods in question contain 80% iron along with some slag, consistent with NML's findings. The Tribunal acknowledges that steel skull scrap can contain varying amounts of slag, as per Indian Standards. Referring to past decisions and data from NIDB, the Tribunal concludes that the subject goods should be classified under SH 7204 49 00 of the CTA Schedule and Heading 2619. Consequently, the allegations of misdeclaration and misclassification, along with imposed penalties, are set aside.

4. In conclusion, the Tribunal sets aside the impugned order and allows the appeals, affirming the classification of the imported goods under Heading 7204 49 00 and Heading 2619.