1994 (2) TMI 154 - AT - Central Excise

Summary

Issues Involved:
1. Classification of Robin Liquid Fabric Whitener (RLFW) under the Central Excise Tariff Act, 1985 (CETA, 1985).
2. Applicability of Heading 32.06 vs. Heading 34.02 vs. Heading 32.04 for RLFW.
3. Interpretation of the product's composition and its classification under relevant headings.

Issue-wise Detailed Analysis:

1. Classification of RLFW:
The primary issue revolves around the classification of RLFW under the Central Excise Tariff Act, 1985. The appellants initially classified RLFW under Chapter 32, Heading 32.06, sub-heading 3206.19. However, a show cause notice was issued to reclassify it under Heading 3402.90, which was subsequently dropped by the Assistant Collector. The lower appellate authority later classified RLFW under Heading 3402.90. The Tribunal considered whether RLFW should be classified under Heading 32.06, Heading 34.02, or Heading 32.04.

2. Applicability of Heading 32.06 vs. Heading 34.02 vs. Heading 32.04 for RLFW:
- Heading 32.06:
The appellants argued that RLFW, being a preparation based on Ultramarine Blue, an inorganic substance, should be classified under Heading 32.06. They referenced HSN Explanatory Notes that specifically mention "Ultramarine and preparations based thereon" under sub-heading 3206.41. The appellants emphasized that Ultramarine Blue imparts a whitening effect by overshadowing yellow undertones in fabrics, supported by various technical literature and standards.

- Heading 34.02:
The lower appellate authority classified RLFW under Heading 34.02, which pertains to washing preparations, including auxiliary washing preparations. The appellants contended that RLFW does not contain soap or surface active agents, which are essential constituents of washing preparations as per HSN Explanatory Notes. The Tribunal agreed, noting that the product does not remove dirt or impurities, a primary function of washing preparations.

- Heading 32.04:
The Revenue raised a new plea to classify RLFW under sub-heading 3204.30, pertaining to synthetic organic products used as fluorescent brightening agents or luminophores, based on a test report by the Chief Chemist. The appellants argued that RLFW is primarily based on Ultramarine Blue, an inorganic substance, and the presence of a small quantity of organic fluorescent brightening agent does not change its essential character. The Tribunal found that RLFW is not identifiable with products under Heading 32.04, as it is not purely a synthetic organic product.

3. Interpretation of the Product's Composition and Its Classification:
The Tribunal examined the composition and manufacturing process of RLFW, noting that Ultramarine Blue is the major active ingredient, imparting a whitening effect to fabrics. The Tribunal relied on various technical references and HSN Explanatory Notes, concluding that RLFW is a preparation based on Ultramarine Blue and should be classified under Heading 32.06. The Tribunal dismissed the applicability of Heading 34.02 and Heading 32.04, emphasizing that RLFW does not contain essential constituents of washing preparations or synthetic organic products.

Conclusion:
The Tribunal allowed the appeal, setting aside the impugned order and providing consequential relief to the appellants. RLFW was correctly classified under Heading 32.06, as a preparation based on Ultramarine Blue, and not under Heading 34.02 or Heading 32.04.