2007 (9) TMI 85 - AT - Central Excise

Quinine Sulphate Comprises BP It is evident that name of product is mentioned very insignificantly in labels. Further in an identical issue in respect of another product, product merit classification under Chapter Heading 3003.20

Summary

Issues involved:
Classification of the product "QUI-9" under sub-heading No. 3003.10 or Chapter sub-heading 3003.20.

Analysis:
The appeal was directed against Order-in-Appeal No. ZBN/464/MV/2001 dated 30-7-2001. Despite notice, none appeared on behalf of the respondent, but a written submission was considered. The issue revolved around the classification of the product "QUI-9," Quinine Sulphate Comprises BP. The respondents claimed classification under sub-heading No. 3003.10, while the revenue argued for classification under Chapter sub-heading 3003.20. The adjudicating authority classified it under Chapter Heading No. 3003.20, but the Commissioner (Appeals) upheld the classification under Chapter sub-heading No. 3003.10. The Tribunal noted that the product name "QUI-9" was prominently displayed on the labels, indicating that it did not fall under Chapter 3003.10. The Tribunal referred to its earlier decision in the appellant's case regarding similar products, where it was held that the products should be classified under Chapter Heading No. 3003.20. The Tribunal found the reliance on certain decisions misplaced and, based on its previous ruling, allowed the appeal filed by the Revenue, setting aside the impugned order and upholding the order of the adjudicating authority.

This judgment highlights the importance of the labeling and naming of products in determining their classification under specific tariff headings. The Tribunal emphasized that the prominent display of the product name "QUI-9" on the labels influenced the classification decision. Additionally, the Tribunal referred to its previous rulings in similar cases involving the appellant, reinforcing the classification under Chapter Heading No. 3003.20. The judgment serves as a reminder of the significance of adherence to classification rules based on product characteristics and labeling information, as demonstrated through the analysis of the specific case of "QUI-9" classification.