2001 (7) TMI 223 - AT - Central Excise

Summary

Issues:
Classification of "Latex Based Adhesives" as Prepared Adhesives under CETA Heading 3506 for duty exemption.

Analysis:
The case involves the classification of "Latex Based Adhesives" under CETA Heading 3506 for duty exemption. The Respondents manufactured adhesives with the brand names 'CARLAW' and 'COATOLEX' and were issued a Show-Cause Notice proposing to deny duty exemption by classifying them as Prepared Adhesives under CETA Heading 3506. The Commissioner classified 'COATOLEX' as 'Creamed Latex' and CARLAW as an adhesive, dropping the demand as 'COATOLEX' was exempt from duty under Notification 18/95. The Revenue appealed, arguing that both products are used as adhesives in footwear manufacture, and 'Coatolex' should be classified as Prepared Adhesives under Chapter Heading 3506, thus not eligible for exemption.

The Revenue's grounds for appeal included the end use of the products, the nature of substances added during manufacture, the Harmonised System of Nomenclature (HSN) classification, and the presence of chemical contents affecting the classification. The Revenue contended that 'Coatolex' should not be classified as 'Creamed Latex' under Chapter 40 due to the processing altering the properties of the original latex significantly, making it a prepared adhesive under Chapter Heading 3506. The Revenue argued that the value of 'Coatolex' should be considered for duty calculation under relevant Notifications.

The Tribunal analyzed the evidence presented, noting that the mere sale of goods as adhesives does not automatically warrant classification under Heading 3506. The Tribunal emphasized the need for evidence of increased bonding strength due to processing, which was not proven in this case. The Tribunal also examined Chapter 40 notes, finding no exclusion of 'COATOLEX' based on the presence of substances, and no conflict with the Commissioner's classification under 40.01. Ultimately, the Tribunal found no flaws in the Commissioner's orders and dismissed the Revenue's appeal, upholding the duty exemption for 'COATOLEX' and 'CARLAW'.

In conclusion, the judgment clarifies the classification of 'Latex Based Adhesives' under CETA Heading 3506, emphasizing the need for concrete evidence of property changes due to processing for proper classification. The Tribunal's decision highlights the importance of thorough analysis based on legal provisions and factual evidence to determine the correct classification for duty exemption purposes.