2018 (6) TMI 1219 - AT - Customs

Classification of imported goods - waste and scrap of lead in powder form - Appellant claimed in the bill of entry that it was Lead Concentrate and classified the item under Heading 26070000 but the department considered the same as waste and classify the same under Chapter Heading 78020090 - Held that - Facts remains that in the past and future the said item was treated by the Department as Concentrate , only this time this treatment has been denied. Regarding the Polution Certificates, it is evident that this is not a case of production, this is a case of import. Appellant may be engaged in primary or secondary production, we are not concerned, we are concerned with the impugned imported item only. So, the Certificate of Pollution will not have much relevance. By looking the test report and other material, we are of the view that the item falls under the classification of Heading Concentrate under 26070000 - appeal allowed - decided in favor of appellant.

Summary

Issues: Classification of imported item as 'waste' or 'concentrate' under different chapter headings; Relevance of test reports and pollution certificates in determining classification; Interpretation of base metals and scrap definitions.

In this judgment by the Appellate Tribunal CESTAT AHMEDABAD, the issue revolved around the classification of an imported item by the appellant, a private limited company engaged in importing waste and scrap of lead in powder form. The appellant claimed the item as 'Lead Concentrate' under Heading 26070000, while the department classified it as 'waste' under Chapter Heading 78020090, charging a higher duty rate of 5%. The appellant contested this classification, providing evidence including various test reports favoring their claim. The department, however, argued that the item was lead scrap from batteries, not a concentrate, citing environmental licenses and test reports certifying it as scrap. The tribunal considered the past treatment of the item by the department as concentrate, the nature of the imported item, and the test reports. The tribunal emphasized that the pollution certificates were not relevant since it was an import case, not production, and focused on the classification of the imported item only. After thorough consideration, the tribunal concluded that the item fell under the classification of 'Concentrate' under Heading 26070000, setting aside the department's classification and ruling in favor of the appellant.

This judgment highlights the importance of proper classification of imported items, the weightage given to test reports in determining classification disputes, and the significance of past treatment by the department. It clarifies that pollution certificates may not always be relevant in import cases and emphasizes the need for a detailed analysis of the nature of the imported item for accurate classification. The interpretation of base metals and scrap definitions played a crucial role in resolving the classification issue, ensuring a fair decision based on the evidence presented by both parties.