1996 (8) TMI 220 - AT - Customs

Summary

Issues: Classification of Steel Tubes for Machinery Part under Tariff Heading 8419.90 or 7304.49

In this judgment, the main issue revolves around the classification of steel tubes meant for a machinery part known as a "recuperator" under the Customs Tariff. The Appellants argue that the steel tubes should fall under Tariff Heading 8419.90 as parts of machines under Tariff Heading 8419.50, while the lower authorities have assessed them under Tariff Heading 7304.49.

Analysis:

The Appellants, represented by Shri P.R. Biswas, contend that the steel tubes in question are of special quality, designed to withstand very high temperatures, and should be classified under Tariff Heading 8419.50 and 8419.90. They argue that these tubes are not ordinary and point to technical specifications indicating their specialized nature. The Consultant emphasizes that the tubes are integral parts of heat exchangers or recuperators, citing Annexures "B" and "C" for technical details supporting their classification as machinery parts.

On the other hand, the Respondents, represented by Shri K.K. Biswas, assert that despite the special quality and precise specifications of the steel tubes, they remain ordinary steel tubes. The Respondents rely on the alignment of the Customs Tariff with the Harmonized System of Nomenclature (HSN) and the persuasive value of Explanatory Notes, as highlighted in the Collector of Central Excise v. Woodcraft case. They argue that the Explanatory Notes to Tariff Heading 84.19/20 encompass parts of all machinery, not just specific machinery like recuperators.

The Tribunal, after considering both arguments, agrees with the Respondents. They emphasize the alignment of the Customs Tariff with the HSN and the persuasive value of Explanatory Notes. Despite the special quality and high-temperature resistance of the steel tubes, the Tribunal finds that they fall under Tariff Heading 7304.49 for pipes and tubes of steel. The Tribunal concludes that the goods do not qualify for classification under Tariff Heading 8419.90, as argued by the Appellants, and upholds the lower authorities' assessment under Tariff Heading 7304.49. Consequently, the Tribunal rejects the Appeal.

In summary, the judgment delves into the classification of specialized steel tubes for a machinery part, emphasizing the importance of technical specifications, alignment with the HSN, and the persuasive value of Explanatory Notes in determining the appropriate Tariff Heading for customs classification.