1986 (4) TMI 217 - AT - Central Excise

Summary

Issues:
1. Classification of imported Granite Press Rolls under the Customs Tariff Act, 1975.
2. Interpretation of statutory notes and rules for classification of composite products made of stone and steel.
3. Application of Interpretative Rules for determining the essential character of goods for classification.
4. Comparison with previous judgments and relevance of specific headings in the Tariff.

Analysis:
The judgment concerns the classification of imported Granite Press Rolls under the Customs Tariff Act, 1975. The dispute revolves around whether the Rolls should be classified under heading 84.31 as machinery for making or finishing paper, as contended by the respondents, or under heading 68.01/16 as articles of stone, as sought by the Department. The Collector (Appeals) initially classified the Rolls under heading 84.31, but the Department appealed for restoration of the original classification under heading 68.01/16 at a higher rate of duty. The nature and function of the Rolls, being made of granite and steel, as components of paper finishing machinery, are crucial in determining their classification.

The Tribunal considered the statutory notes and rules for classification, emphasizing the order of priority for classifying parts of machinery. It was noted that while heading 84.31 is specific for paper making/finishing machinery, it does not cover parts of such machinery. The Tribunal highlighted the overriding effect of statutory notes in determining classification, particularly noting the sequence for classifying parts based on material composition and specific headings in Chapters 84 and 85. The absence of a specific heading for Granite Press Rolls or parts of paper machinery was a key factor in the classification analysis.

The application of Interpretative Rules for determining the essential character of goods was crucial in this case. The Tribunal found that the stone component of the Granite Press Rolls provided their essential character, as it imparted the final finish to paper, while the steel shaft and end plates merely supported the roll. By applying Rules 2(b) and 3(b), the Tribunal concluded that the Rolls should be classified under Chapter 68 as articles of stone, excluding them from Chapter 84. The Tribunal rejected the respondents' argument based on a previous Supreme Court judgment, emphasizing the distinct classification regime under the Customs Tariff Act.

In conclusion, the Tribunal set aside the previous classification under heading 84.31 and restored the classification under heading 68.01/16, in line with the Department's appeal. The judgment underscores the importance of statutory notes, interpretative rules, and the essential character of goods in determining their classification under the Customs Tariff Act.