2011 (6) TMI 419 - AT - Customs

Imported Sulphonated Fish Oil - classification under chapter sub heading 34029020 OR 34039100 - Held that - On appreciation of test reports of CRCL and application of Rule 3(a) of Rules of Interpretation of Customs Tariff, 1975 imported products as Sulphonated Fish Oil being specifically mentioned under chapter sub heading 34029020.

Summary

Issues: Classification of imported products claimed as 'Sulphonated Fish Oil' under chapter sub heading 34029020 vs. 34039100.

In this judgment by the Appellate Tribunal CESTAT, DELHI, the case involved three Appeals by the department concerning the classification of imported goods claimed to be 'Sulphonated Fish Oil' under chapter sub heading 34029020. The department allowed provisional clearance of the goods after testing samples at the Central Revenue Control Laboratory (CRCL), which reported the samples as a preparation containing Sulphonated Fish Oil and additives. The department issued show cause notices proposing classification under chapter sub heading 34039100, considering the products as preparations used for oil or grease treatment. The respondents contested the notices, presenting test reports from the Central Leather Research Institute (CLRI) indicating that the products were primarily used for fat-liquoring. The original authority classified the products as proposed in the show cause notices, leading to an appeal to the Commissioner (Appeals) who set aside the orders. The department then appealed to the Tribunal.

During the hearing, the learned SDR argued that the products should not be considered as 'Sulphonated Fish Oil' based on the test reports from CLRI, which mentioned the products as preparations containing Sulphonated Fish Oil and additives. He also referenced technical literature suggesting the products were fat liquor agents. However, the Tribunal noted that the burden of proof for classification lies with the department. The Tribunal emphasized that the nature and quantity of additives in the products were crucial in determining whether they differed from Sulphonated Fish Oil. Expert opinions on the various uses of Sulphonated Fish Oil were lacking. The Tribunal highlighted that the term 'Sulphonated Fish Oil' was specifically mentioned under chapter sub heading 34029020 and deserved preference over the classification under 34039100, as per Rule 3(a) of the Rules of Interpretation of Customs Tariff, 1975.

The Tribunal distinguished previous cases where goods were found to be 'fat liquor' instead of Sulphonated Fish Oil, emphasizing that the present case's facts were different. Ultimately, the Tribunal upheld the decision of the Commissioner (Appeals) based on the test reports from CRCL and the application of Rule 3(a) of the Rules of Interpretation of Customs Tariff, 1975. As a result, the appeals by the department were rejected, and the decision was pronounced in open court.