2022 (10) TMI 14 - AT - Customs

Classification of goods - determination of the appropriate rate of duty - used mild steel (MS) plates imported upon procurement of these after demolition of six petrochemical tanks in the United Kingdom by M/s GK Middle East FZC, Ajman - Valuation of Customs Duty - HELD THAT - On scrutinising heading 7208 of First Schedule to Customs Tariff Act, 1975, within which the impugned order has placed the goods imported by the appellant, it is seen that the description, Flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, hot-rolled, not clad, plated or coated , has been sub-classified at the eight digit level for one item and, for all other items, as seven enumerations in coils and four enumerations for those not in coils , at six digit level and the adopted item lies with the first of these but, nonetheless, comprising flat-rolled products hot rolled in coils without any explanation for concluding that the plates were presented as coils. Clearly, the classification adopted in the impugned order does not relate to the description of the product as imported and presented. Not only is the revised classification inappropriate but there is also no reason for the classification sought for in the bills of entry to be substituted in view of its appropriateness; the impugned goods have industrial significance only as waste and scrap which is the feedstock for melting in furnaces - the eligibility for the benefit of the exemption notification as well as not being subject to the restriction prescribed in the Foreign Trade Policy on the import of used goods is established. Appeal allowed.

Summary

Issues:
Classification of imported goods as 'used mild steel plates' and determination of the appropriate rate of duty.

Detailed Analysis:

1. Classification of Goods:
The appeal involved the classification of 'used mild steel plates' imported by M/s Rukuminirama Steel Rolling Pvt Ltd. Customs authorities classified the goods under tariff item 7208 2510 as products in prime condition instead of the appellant's declaration under tariff item 7204 4900 corresponding to 'waste and scrap.' The order-in-original by the Commissioner of Customs held the goods liable for confiscation under section 111(d) of the Customs Act, 1962, and imposed penalties on the appellant.

2. Importation Details:
The imported goods were 'used mild steel plates' procured from the United Arab Emirates, sourced from a contractor engaged in the demolition of petrochemical tanks. The appellant intended to use the plates in their furnaces for manufacturing ingots. They sought permission for conversion into 'metal scrap' under customs supervision due to the prohibitive cost of mutilation at the port of shipment.

3. Legal Interpretation:
The appellant argued that the goods, although 'used,' should be considered for clearance under sections 17 and 47 of the Customs Act, 1962, based on the necessity of mutilation for commercial deployment. However, the tribunal emphasized that mutilation is not a discretionary option in customs procedures unless specific rules exist for 'scrapping' of plates, which were not presented in this case.

4. Classification Dispute:
The tribunal examined the rival classifications proposed by both sides. The appellant asserted that the goods should be classified as 'waste and scrap' under tariff item 7204 4900, entitling them to exemption benefits. The Authorized Representative argued for classification under sub-heading 7208 25 based on the examination report, emphasizing the thickness of the plates.

5. Judicial Precedents:
The tribunal referred to judicial precedents emphasizing the burden of proof on the revenue department in classifying goods differently from the assessee's claim. The tribunal noted that the classification adopted in the impugned order did not align with the description of the imported product, concluding that the revised classification was inappropriate.

6. Final Decision:
After a thorough analysis, the tribunal allowed the appeal and set aside the impugned order. The tribunal determined that the imported goods had industrial significance only as 'waste and scrap,' establishing eligibility for exemption benefits and not being subject to restrictions on the import of used goods.

In conclusion, the tribunal's judgment focused on the proper classification of the imported 'used mild steel plates,' highlighting the importance of legal interpretations, precedents, and the burden of proof in customs classification disputes. The decision favored the appellant, emphasizing the goods' nature as 'waste and scrap' for industrial use.