1996 (6) TMI 207 - AT - Central Excise

Summary

Issues: Classification of cored solder wire under Tariff Item No. 27A, definition of "wire" under Tariff Item No. 27, exclusion of composite articles of lead, classification criteria based on metal content, interpretation of "solid cross section," relevance of trade parlance in classification.

Analysis:
The appellants, manufacturers of solder wire, claimed classification of cored solder wire under Tariff Item No. 27A where lead predominated by weight. The Assistant Collector and the Collector (Appeals) classified the goods under Tariff Item 68, stating that wires were required to have solid and uniform cross sections, and the impugned goods with cores did not meet this criterion. The Collector held that composite articles of lead like cored solder wire were excluded from Tariff Item 27A due to the presence of non-metal flexing material, and that the goods were not wire as per the ordinary dictionary meaning. The appeal challenged this classification.

The appellants argued that the omission of a definition of "wire" in Tariff Item No. 27 indicated a deliberate choice, and attempted to import definitions from other tariff items was impermissible. They contended that the goods were known as wires in trade parlance, and the Collector's belief that wires under Tariff Item 27 had to be entirely metal lacked authority. The process of manufacture involved casting wire bars with cores filled with flexing material, which were then drawn into wires.

The Tribunal considered the submissions and noted that until 1984, Tariff Item No. 27A covered only unwrought lead, with wires exempted later. It found that the cored wire did not become a tube when the flexing material was removed, and the drawn wire did not have hollows, qualifying as having a solid cross section. The Tribunal rejected the Collector's view that the product must be entirely metal for classification under Item 27A, as the definition of lead included lead-predominant alloys without excluding non-metal ingredients. Additionally, the end use of solder wire did not affect its classification as wire, supported by the example of lead wires used for soldering under Tariff Item 27A.

The Tribunal concluded that the impugned goods fell within Tariff Item No. 27A(5) and were eligible for benefits under a specific notification. It set aside the lower orders, allowing the appeal and granting consequential relief based on the classification under Tariff Item 27A.