2008 (5) TMI 58 - AT - Customs

Imported sheets of fibre glass (absorptive glass mats) in running length in jumbo rolls - imported goods in roll form were ready for use as battery separators, they were classifiable as battery separators and entitled to assessment at concessional rate as per notification no. 21/2002, as claimed by the appellants assessee/s appeal is allowed

Summary

Issues: Classification of imported goods as battery separators under CTH 8507 or as fibre glass mats under CTH 7019 for availing exemption.

Analysis:
1. The dispute arose when M/s. Amararaja Batteries Limited imported fibre glass sheets declared as 'Battery Separators' under CTH 85079010 and claimed exemption. The Deputy Commissioner of Customs demanded payment, stating that the goods were not battery separators but raw material for manufacturing them. The Commissioner found that battery separators serve specific functions in preventing acid movement or fumes escaping, which the imported goods in their current form could not perform.

2. The Commissioner (Appeals) upheld the original order, emphasizing that the imported goods were not ready-to-use battery separators but fibre glass mats requiring cutting to exact specifications. The goods, in their imported form, did not meet the criteria for classification as battery separators under CTH 8507. Despite the functional similarity, the Commissioner classified them as fibre glass mats under CTH 7019. The argument based on functional character determining classification, as per a Supreme Court decision, was rejected as the goods were not capable of separation in their imported form.

3. Referring to a previous Tribunal decision in a similar case involving Polyethylene sheets, it was noted that battery separators in roll form were eligible for classification under CTH 8507 if they were ready for use in that capacity. Drawing parallels between the Polyethylene sheets and the fibre glass sheets imported in the current case, both being used as battery separators by reputable manufacturers, the Tribunal concluded that the imported goods should indeed be classified as battery separators, entitling the appellant to exemption benefits. The appeal was thus resolved in favor of the appellant.