2013 (1) TMI 469 - AT - Customs

Benefit of exemption notification - Imported raw material is Zircon Concentrate or Zircon ore - Assessee manufacturing the Zicronium Silicates - Principal raw material is Zircon sand - Classified the same under CTH 2615 10 00 - Whether import of goods and declared the same as Zircon sand (Zircon Ore) and claimed the benefit of non-payment of CVD by availing the benefit of Notification No. 4/2006-C.E., is correct or not Held that - Since the experts in the field like Indian Rare Earths Ltd. Research Centre, Kollam and Indian Bureau of Mines has opined categorically that the goods which were imported i.e. Zircon sand are nothing but the Zircon Ore, and the said expert opinion having been not rebutted by any other opinion from any other expert, and specifications of imported goods seems to match with specification of the ISI standard for Zirconium Ore. Therefore the goods imported by the appellant are eligible for the benefit of Notification No. 4/2006-C.E. as the goods which are imported are nothing but Zirconium Ore. In favour of assessee

Summary

Issues Involved:
1. Classification of imported goods as Zircon sand (Zircon Ore) or Zircon Concentrate.
2. Eligibility for exemption from payment of additional duty of Customs (CVD) under Notification No. 4/2006-C.E.

Issue-wise Detailed Analysis:

1. Classification of Imported Goods:
The appellant imported Zircon sand and classified it under CTH 2615 10 00, claiming it as Zircon Ore eligible for a "Nil" rate of CVD under Notification No. 4/2006-C.E. The lower authorities, based on a new Chapter Note No. 4 inserted in Chapter 26 of the Customs Excise Tariff Act, 1985, argued that the imported goods were Zircon Concentrate, thus liable for CVD. Representative samples were sent to the Central Excise and Customs Laboratory (CRCL), which forwarded them to Indian Rare Earths Ltd. Research Centre, Kollam. The CRCL reported that the samples were Zircon Concentrate.

The appellant contested this, arguing that the imported goods were Zircon Ore, not subjected to any chemical process, and thus should be classified as Zircon sand. The Indian Rare Earths Ltd. Research Centre's analysis showed ZrO2 content between 62-66%, indicating it was Zircon Ore. The Indian Bureau of Mines also confirmed the samples as naturally occurring Zirconium Ore.

2. Eligibility for Exemption from CVD:
The appellant claimed exemption from CVD under Notification No. 4/2006-C.E., which applies to ores. The lower authorities denied this benefit, classifying the goods as Zircon Concentrate and citing Notification No. 2/2008-C.E. The appellant provided evidence from Indian Rare Earths Ltd. Research Centre and Indian Bureau of Mines, showing that the ZrO2 content was below 95%, a threshold for concentrates, thus supporting their claim that the goods were Zircon Ore.

The tribunal considered the detailed analysis reports and expert opinions, which consistently indicated that the imported goods were Zircon Ore. The tribunal also referenced the Indian Standards for Zircon sand and previous judgments, including the case of Indian Rare Earths Ltd., which supported the appellant's position.

Conclusion:
The tribunal concluded that the imported goods were indeed Zircon Ore, not Zircon Concentrate, and thus eligible for the CVD exemption under Notification No. 4/2006-C.E. The impugned order was set aside, and the appeal was allowed with consequential relief to the appellant. The tribunal emphasized the lack of rebuttal from the Revenue authorities against the expert opinions provided by Indian Rare Earths Ltd. Research Centre and Indian Bureau of Mines.