1995 (7) TMI 191 - AT - Central Excise

Summary

Issues: Classification of product called Rodenticide under Customs Tariff Act, 1975

In the case before the Appellate Tribunal CEGAT, New Delhi, the issue revolved around the classification of a product known as Rodenticide under the Customs Tariff Act, 1975. The Department claimed classification under entry 3808.10, while the respondent argued for classification under entry 3808.90.

The Departmental Representative contended that Rodenticide should be classified under 3808.90 as it is not explicitly mentioned under 3808.10, which pertains to insecticides, fungicides, herbicides, weedicides, and pesticides. On the other hand, the respondent argued that Rodenticides are covered under Heading 38.08, which includes insecticides and fungicides, and that Rodenticide falls under the broader term of pesticide. They supported their argument by referencing the New Encyclopaedia of Britannica and a certificate from the Government of India, Ministry of Agriculture, which defined pesticide as any toxic substance used to kill animals or plants causing economic damage.

Moreover, the respondent cited Kirk & Othmer's Encyclopaedia of Chemical Technology, which described rodents as pests and linked them to the broader category of organisms that compete with humans for food supply. Additionally, they referred to a pamphlet by the Food Grain Technologist Research Association of India, highlighting the economic importance of controlling rats due to their impact on food and human health. The respondent also cited a book by Dr. Lee C. Truman, emphasizing that the term pesticide encompasses substances intended to prevent, destroy, or control any pest, including rodents.

After considering the arguments and evidence presented, the Tribunal concluded that the Department failed to demonstrate that Rodenticide should not be classified under Heading 3808.10. Despite the absence of the specific term "Rodenticide" in that heading, the broader category of pesticides encompassed Rodenticide based on technical literature and expert opinions provided by the respondent. Therefore, the Department's appeal was dismissed, affirming the classification of Rodenticide under Heading 3808.10 as pesticide.