1990 (8) TMI 266 - AT - Customs

Summary

Issues:
Classification of Meniscus Lenses for countervailing duty under the Central Excise Tariff - Whether under Tariff Item 23A(4) or Tariff Item 68.

Detailed Analysis:

1. Facts of the Case:
The case involved the import of Meniscus Lenses by M/s Photophone Ltd. The lenses were unmounted glass lenses imported for an overhead projector. The Assistant Collector classified the lenses under Heading 90.02, but the correct classification was argued to be under Heading 90.01. The Collector of Customs (Appeals) allowed the appeal in part, leading to an appeal by the revenue before the Tribunal.

2. Arguments by the Appellant (Revenue):
The appellant argued that countervailing duty should be levied under Tariff Item 23A(4) of the Central Excise Tariff, emphasizing the specificity of the tariff item and the relevance of end-use. Reference was made to the Supreme Court judgments in Dunlop India Ltd. v. Union of India and United Offset Process Pvt. Ltd. v. Assistant Collector of Customs to support the argument.

3. Arguments by the Respondent:
The respondent contended that Meniscus Lenses should be classified under Tariff Item 23A(4) corresponding to Chapter 70 of the new Tariff, emphasizing that popular meaning is not relevant. Reference was made to the Supreme Court judgment in Indo International Industries v. C.S.T., U.P. to support the argument, where commercial parlance was considered for classification purposes.

4. Tribunal's Decision:
After considering the arguments and the relevant Tariff Item 23A(5), which covers glass and glassware, the Tribunal found that Meniscus Lenses, being lenses and not ordinary glassware, should be classified under Tariff Item 68. The Tribunal relied on the commercial parlance principle highlighted in the Indo International Industries case to determine the classification. Consequently, the Tribunal dismissed the revenue's appeal, affirming the classification under Tariff Item 68 for countervailing duty purposes.

In conclusion, the Tribunal's judgment clarified the classification of Meniscus Lenses for countervailing duty under the Central Excise Tariff, emphasizing the importance of commercial parlance and specific tariff items in determining the appropriate classification.