2011 (7) TMI 988 - AT - Customs

Classification - It was found by the DYCC office that the goods are Composite absorbent material composed of celllulosic material (pulp) bonded/treated with polymeric absorbing material and additives with pre-made laminate of non-wovens - the certificate issued by UDCT, Matunga, Mumbai also indicates that the product under reference Airlaid Core contains cellulose or pulp 68%, synthetic bicomponent fibres 11%, AGM powder 17%, latex binder 4%, whereas, Airland STS contains cellulose or pulp 47%, PE powder 27%, latex binder 4%, NWPP 22% - The original authority while relying upon the report of DYCC and the certificate issued by UDCT, Matunga, Mumbai has held that the goods in question are not chemical wood pulp but it has been treated with various chemicals including binder for use in sanitary napkin - it is mentioned in the HSN note that pulps from this process are used in the manufacture of absorbent products such as fluffing and napkins for babies - Held that these goods falling under CTH 4703 are further processed to be used in the manufacture of absorbent products whereas in the Explanatory Note to CTH 4818, we find that this heading covers toilet paper and similar paper, cellulose wadding or webs of cellulose fibres, of a kind used for household or sanitary purposes - the goods imported by the respondents are classifiable under CTH 4703 - Appeal is dismissed

Issues Involved:
1. Classification of imported goods (wood pulp composite core and wood pulp composite for STS) under the Customs Tariff.
2. Validity of the expert reports and evidence presented.
3. Applicability of specific versus general tariff headings under Rule 3(a) of the General Rules for the Interpretation to the Schedule to Customs Tariff.

Detailed Analysis:

1. Classification of Imported Goods:

The primary issue in this case is the classification of the imported goods, specifically whether they should be classified under Chapter 47 (CTH 4703) or Chapter 48 (CTH 4818) of the Customs Tariff. The department argued that the goods should fall under CTH 4818, which includes products like cellulose wadding or webs of cellulose fibers used for sanitary purposes. The department's position was supported by the DYCC's expert opinion, which described the goods as composite absorbent materials treated with various chemicals, making them more akin to items under Chapter 48.

Conversely, the respondent argued that the imported goods are wood pulp obtained through the sulphate process and should be classified under CTH 4703. They supported their claim with opinions from IIT Roorkee and the Department of Fibres and Textile Processing Technology, University of Mumbai, which indicated that the goods were indeed wood pulp.

2. Validity of Expert Reports and Evidence:

The department questioned the validity of the samples tested by IIT Roorkee, arguing that they were not drawn from the disputed consignment. However, the tribunal noted that the report from IIT Roorkee was mentioned in the Order-in-Original, and no such objection was raised by the adjudicating authority at that time. Additionally, the department contended that a report dated 10.9.2003 from IIT Roorkee was not submitted during the original adjudication. The tribunal found that the Commissioner (Appeals) had no option but to pass final orders as he lacked the power to remand the matter.

3. Applicability of Specific vs. General Tariff Headings:

The department relied on Rule 3(a) of the General Rules for the Interpretation to the Schedule to Customs Tariff, which states that a heading providing the most specific description should be preferred over a more general one. They argued that CTH 4818, which covers specific sanitary products, should apply. However, the tribunal found that the goods in question were raw materials used in the manufacture of sanitary napkins and not finished products ready for direct use. The tribunal emphasized that Chapter 47 covers raw materials, while Chapter 48 includes products made from those raw materials.

Conclusion:

After reviewing the HSN Explanatory Notes and the nature of the imported goods, the tribunal concluded that the goods were indeed raw materials for the manufacture of sanitary napkins and not finished products. Therefore, they should be classified under Chapter 47 (CTH 4703) rather than Chapter 48 (CTH 4818). The tribunal upheld the order of the Commissioner (Appeals) and dismissed the department's appeal, affirming the classification under CTH 4703.

Final Judgment:

The appeal by the department was dismissed, and the cross-objection was disposed of accordingly. The tribunal's decision reinforced the classification of the imported goods under CTH 4703, aligning with the respondent's argument and the evidence presented.

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