1990 (6) TMI 132 - AT - Customs

Summary

Issues: Classification of imported goods under Customs Tariff Schedule, Validity of Customs Notification No. 444/86, Interpretation of TiO2 as per Notification

In this case, the appellants imported a consignment of Titanium Dioxide (TiO2) declared as a prepared pigment, which was released pending testing. The Dy. Collector of Customs held that the license was not valid for the import, confiscated the goods, and imposed a fine. The Customs (Appeals) upheld the confiscation but classified the goods under a different heading in the Customs Tariff Schedule. The issue revolved around the classification of the goods and the applicability of Customs Notification No. 444/86, which exempts TiO2 from duty. The appellants argued that the goods should be covered under the notification as they were a pigment based on TiO2. The respondent contended that the exemption only applied to TiO2 itself and not preparations based on it.

The Tribunal found merit in the appellants' argument, emphasizing that the notification exempted TiO2 falling within Chapter 28 or 32 of the Tariff Schedule. Analyzing the product description and technical information, the Tribunal concluded that the goods were indeed a preparation of TiO2 for easier use, falling under Heading 32.06. Therefore, the benefit of the notification should extend to the imported goods. The Tribunal rejected the respondent's argument that only TiO2 itself, not preparations, were covered by the notification.

The respondent cited a chemistry encyclopedia to argue that the goods were in paste form with other ingredients, not pure TiO2. However, the Tribunal found this argument lacking merit, as the product was determined to be an aqueous suspension containing TiO2 (Rutile). The Tribunal dismissed the reliance on a previous decision, stating that the present product was a form of TiO2 for easier use, not requiring a specific crystalline structure test. Ultimately, the Tribunal set aside the impugned order, allowing the appeal and providing consequential relief to the appellants.