1989 (3) TMI 293 - AT - Customs

Wool waste - Goods imported not to be considered as yarn merely because of its being in hank form

Summary

Issues:
1. Rejection of appeal by Collector of Customs for non-compliance with Customs Act provisions.
2. Classification of "wool waste" containing "woollen yarn" under Tariff Item No. 51.03.

Analysis:

1. The appellant filed a bill of entry declaring goods as wool waste under T.I. 51.03.20, subjected to examination revealing yarn in hanks. The adjudicating authority alleged mis-declaration to evade customs duty, confiscating goods and imposing penalties. The Collector (Appeals) noted non-compliance with Section 129E of the Customs Act, rejecting the appeal. Appellants cited precedents supporting their classification claim and financial constraints in depositing penalties.

2. The appellant argued that the imported goods were wool waste under T.I. 51.03.10, referencing examination reports and precedents. The Revenue contended the need to examine sales contracts and invoices to determine if the import was yarn or waste. The Tribunal examined the test report showing the composition of the yarn and the definition of "waste of wool" under Tariff Item 51.03, which includes yarn waste. The lower authority's decision was criticized for not considering the test report and relying solely on physical examination.

3. The Tribunal referred to previous decisions emphasizing the department's burden to prove goods differ from the declared classification. It highlighted the importance of ascertaining trade understanding and the need for further verification beyond visual inspection. The Ld. SDR requested remand for examining the sales contract, but the Tribunal deemed it unnecessary due to time constraints and lack of departmental proof that the hank yarn was not waste.

4. The Ld. SDR's request for remand was rejected as it would cause further delay and go against principles of justice. Since the department failed to establish the hank yarn was not waste, mis-declaration was unfounded. The Tribunal allowed the appeal, ordering the release of the goods to the appellant after mutilating the yarn in hanks as requested.

In conclusion, the Tribunal's decision revolved around the proper classification of the imported goods as wool waste containing woollen yarn. The Tribunal emphasized the department's burden of proof, the significance of test reports, and the need for thorough verification beyond mere physical examination. Ultimately, the appeal was allowed, and the goods were ordered to be released to the appellant.