2017 (2) TMI 135 - AT - Customs

Classification of imported goods - Omnical Calcium Nitrate Solution Grade Fertilizer for Agriculture use - classified under CTH 31059090 or under CTH 31026000? - the goods mainly composed of calcium nitrate with small amount of Ammonium Nitrate and that may find use as fertilizer . That creates doubt on the classification sought by appellant for which Revenue s claim was examined - Held that - The goods called to be fertilizer that should have nitrogen content. But imported goods had predominant composition of calcium nitrate which shall neither subscribe to CTH 31059090 nor to 31026000. The goods imported fall under this head and more particularly classifiable and under residuary head i.e. CTH 283429 90 since the goods does not belong to Strontium Nitrate (28342910) or Magnesium Nitrate (28342920) or Barium Nitrate (28342930) family. It is nitrates of other kind falling under CTH 28342990 - classification sought by Revenue is appropriate - appeal dismissed - decided in favor of Revenue.

Summary

Issues: Classification of imported goods under CTH 31026000 or CTH 28342990.

Analysis:
1. The appellant imported goods described as "Omnical Calcium Nitrate Solution Grade Fertilizer for Agriculture use" classified under CTH 31059090. However, a dispute arose regarding the classification, leading to a claim that the goods should be under CTH 31026000. The ld. Commissioner (Appeals) denied both classifications as the goods did not meet the criteria. The Analysis Certificate showed calcium and nitrogen content, but the presence of Ammonium Nitrate was minimal, leading to the denial of the claimed classification.

2. The ld. Commissioner (Appeals) concluded that the goods were more appropriately classified under CTH 28342990, considering the composition and nature of the imported goods. The appellant, however, contested this decision before the Tribunal, maintaining that the goods should fall under CTH 31026000 based on the description of mineral or chemical fertilizers containing specific elements.

3. The Tribunal examined the rival entries and relevant headings to determine the proper classification. Heading 3105 pertains to fertilizers containing specific elements, while Heading 3102 deals with nitrogenous fertilizers. The appellant's goods, predominantly composed of calcium nitrate with minimal Ammonium Nitrate, did not align with either CTH 31059090 or CTH 31026000.

4. Considering the characteristics of the imported goods, the Tribunal found that they fit under Heading 2834, which includes "Nitrites; and nitrates." The goods were deemed to fall under the "residuary" heading CTH 28342990, as they did not correspond to specific nitrate families. The Revenue's classification under CTH 28342990 was upheld as appropriate and justified, leading to the dismissal of the appeal.

In conclusion, the Tribunal affirmed the classification of the imported goods under CTH 28342990 based on their composition and characteristics, rejecting the appellant's claims under CTH 31026000 or CTH 31059090.