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1991 (7) TMI 183 - AT - Customs

Issues:
Classification of imported goods under Heading 74.07/08 as pipe fittings or Heading 90.24(1) as instruments for measuring liquids.

Analysis:
The appeal challenged the order of the Collector of Customs (Appeals) in Bombay regarding the classification of imported goods declared as "Pressure, Vacuum and Level Gauge/Indicators" under Heading 74.07/08 of the Customs Tariff Act, 1975. The appellants claimed the goods should be classified under Heading 90.24(1) as instruments for measuring liquids. The dispute arose as the authorities rejected the claim based on the description in the suppliers' invoice. The appellants argued that the goods were "VISI-FLO" indicators used for measuring liquid flow, clarity, and color in industrial plants, not ordinary pipe fittings. The lower authorities considered the goods as pipe fittings based on their design for fitment to pipes in chemical plants.

Upon reviewing the case records and submissions, the Tribunal examined the definitions and descriptions under both headings of the Customs Tariff Act, 1975. The definition of "pipe fittings" as connecting pieces in piping systems and the purpose of the disputed "VISI-FLO" indicators as specialized devices for indicating liquid flow, clarity, and color were crucial in determining the correct classification. The Tribunal noted that the indicators were not conventional pipe fittings like joints or elbows but were specifically designed instruments for industrial use.

The Tribunal referred to the manufacturers' catalogue, which highlighted the unique features and functions of the "VISI-FLO" indicators, emphasizing their role in providing essential information about liquids in industrial pipelines. The indicators were designed with modular features for easy maintenance and were intended for use in chemical and industrial plants to monitor liquid flow. This detailed analysis led the Tribunal to conclude that the disputed goods fell under Heading 90.24(1) as instruments for measuring liquids, not under Heading 74.07/08 as pipe fittings.

In light of the evidence and arguments presented, the Tribunal set aside the Collector (Appeals) order and ruled in favor of the appellants, allowing the appeal and granting consequential relief. The judgment clarified the correct classification of the imported "VISI-FLO" indicators as instruments under Heading 90.24(1) of the Customs Tariff Act, 1975, rejecting the earlier classification as pipe fittings under Heading 74.07/08.

 

 

 

 

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