1987 (3) TMI 312 - AT - Customs

Summary

Issues: Classification of imported stainless steel flat wire under Customs Tariff Act

Analysis:
The case involved a dispute regarding the classification of imported stainless steel flat wire under the Customs Tariff Act. The appellants had imported stainless steel flat wire, which the revenue claimed to be stainless steel strips. The appellants contended that the goods should be classified under Heading 73.15(1) of the Customs Tariff Act, while the revenue argued for classification under Heading 73.15(2). The adjudicating authority had classified the goods under Heading 73.15(2) and imposed duties accordingly. The appellants challenged this decision, leading to a series of appeals and revisions.

The Central Board of Excise and Customs initially quashed the fine imposed by the adjudicating authority but did not conclusively determine the correct classification of the goods. The case was then transferred to the Tribunal for disposal as an appeal. The respondent, represented by Shri J. Gopinath, argued that the goods were cold rolled stainless steel strips and should be classified under Heading 73.15(2) as per Chapter 73 of the Customs Tariff Act. He cited a judgment of the Delhi High Court to support the revenue's classification stance, emphasizing the differences between cold rolled and hard drawn steel products.

After considering the arguments from both sides and examining the facts of the case, the Tribunal found that the imported goods indeed qualified as stainless steel strips based on the description provided in the invoice and Note 1(m) of Chapter 73. Consequently, the Tribunal upheld the lower authorities' decision to classify the goods under sub-heading (2) of Heading 73.15. As a result, the appeal was dismissed, affirming the classification of the imported stainless steel flat wire as stainless steel strips under the Customs Tariff Act.