9911796707
|
Home
Issues: Classification of imported goods under Customs Tariff Act, 1975
Analysis: 1. The case involved the classification of imported goods, specifically "crankshaft rear end packing," by M/s. Bharat Sales Corporation. The customs authorities initially assessed the goods under Heading No. 68.01/16 but the appellants claimed the correct classification was under Heading 84.64, seeking a refund of duty. 2. The Assistant Collector rejected the claim without proper adjudication, leading to an appeal. The Collector (Appeals) later examined the matter in detail and concluded that the goods fell under Heading 68.01/16(1) due to asbestos being the main ingredient, which gave the goods their essential character. 3. The appellants argued that the goods were oil seals composed of multiple materials, with asbestos not being the sole determining factor. They contended that Heading 84.65 was more specific, especially considering the prevention of oil leakage, primarily due to the rubber core. 4. The Departmental Representative maintained that since asbestos was the major ingredient, the goods should be classified under Heading 68.01/16(1), excluding them from Chapter 84. 5. The Tribunal analyzed the relevant headings and interpretative rules. It found that both Heading 84.65 and Heading 68.01/16(1) were not specific to the goods, making Rule 3(b) inapplicable. Without clear evidence on the material giving the goods their essential character, Rule 3(c) was applied, leading to classification under Heading 84.65. 6. The Tribunal ruled out Heading 84.64 due to the absence of metal components or specific packings. Consequently, the goods were classified under Heading 84.65, and the appeal was allowed in favor of the appellants, granting them consequential relief.
|
