2002 (4) TMI 52 - SC - Customs

Whether Karbate Tubes made of artificial graphite impregnated with Phenolic resin which are parts of Heat exchangers are classifiable under Tariff Item sub-heading 6815.10 in First Schedule of the Customs Tariff Act, 1975 (in short Tariff Act ) as held by the Revenue, or under sub-heading 8419.50 as claimed by the assessee-importer? Held that - It is significant to note that in different sub-headings the words similar and other have been used. It appears that wherever the expression similar was intended to be used, it has been so done. Reference may be made in this context to headings and sub-headings like 6802.10, 6806.10 and 68.09 where the expression used is similar articles . In some other headings and sub-headings, the expression and the like have also been used, for example 6804.10 and 68.11. It cannot be said that different expressions like similar and other or and the like have been used without any basis. Even in the Note 1 itself in clauses a and d , the expressions used are other articles and similar articles respectively. Such user as noted above cannot be said to be without basis or purpose. No words or expressions used in any statute can be said to be redundant or superfluous. The Note 1(a) of Chapter 84, as noted above, is clear and unambiguous. It does not speak of a class, category or genus followed by general words. The rule of ejusdem generis has, therefore, no application. Appeal dismissed.

Issues Involved:
1. Classification of Karbate Tubes under the Customs Tariff Act.
2. Interpretation of Note 1(a) of Chapter 84.
3. Application of the ejusdem generis principle.

Detailed Analysis:

1. Classification of Karbate Tubes under the Customs Tariff Act:

The central question was whether Karbate Tubes made of artificial graphite impregnated with Phenolic resin, which are parts of Heat exchangers, should be classified under Tariff Item: sub-heading 6815.10 in the First Schedule of the Customs Tariff Act, 1975, as held by the Revenue, or under sub-heading 8419.50 as claimed by the assessee-importer. The Assistant Collector of Customs classified the goods under Chapter Heading 68.15 and sub-headings 6815.10, confirming the demand raised by the Appraiser. The Collector (Appeals) and the Customs, Excise and Gold Control Appellate Tribunal (Tribunal) upheld this classification. The Tribunal referred to the Harmonized System Nomenclature (HSN) and observed that Karbate Tubes made of artificial graphite, being non-electric articles made of graphite, fall under Chapter sub-heading 6815.10. Despite being parts of machinery that might otherwise attract sub-heading 8419.50, the exclusion in Note 1(a) of Chapter 84 applied.

2. Interpretation of Note 1(a) of Chapter 84:

The assessee argued that the tubes should be classified under Chapter 84 as parts of Heat exchangers and are not excluded by Note 1(a) of Chapter 84. They contended that Note 1(a) should only apply to articles similar to millstones or grindstones. The Revenue countered that the language of the provision is clear and should not be transformed by adding or deleting words. The Court noted that Note 1(a) of Chapter 84 excludes "Millstones, grindstones or other articles of Chapter 68" from Chapter 84. The Court emphasized that no words in a statute are redundant or superfluous, and each word must be interpreted in context. The construction that requires adding or substituting words should be avoided.

3. Application of the ejusdem generis principle:

The assessee argued that the expression "other articles of Chapter 68" in Note 1(a) should take color from "millstones, grindstones," applying the ejusdem generis principle. The Court explained that the rule applies when specific words are followed by general words, limiting the general words to things of the same kind. However, Note 1(a) does not enumerate a class or category followed by general words; it is clear and unambiguous, thus not invoking the ejusdem generis principle. The Court cited various precedents and principles of statutory interpretation, emphasizing that where the language is clear, the intention of the legislature must be gathered from the language used without adding or altering words.

Conclusion:

The Court concluded that the appeal lacked merit and dismissed it, upholding the classification of Karbate Tubes under sub-heading 6815.10. The interpretation of Note 1(a) of Chapter 84 did not support the application of the ejusdem generis principle, and the language of the statute was clear and unambiguous in excluding the articles in question from Chapter 84.

← Previous Next →