1996 (9) TMI 327 - AT - Central Excise

Issues Involved:
1. Classification of needled sutures under Chapter 30 or Chapter 90 of the Central Excise Tariff.
2. Applicability of exemption notifications to the needled sutures.
3. Interpretation of relevant exemption notifications and their applicability to the goods in question.
4. Reliance on judicial precedents and Board circulars in determining the classification and exemption eligibility.

Issue-wise Detailed Analysis:

1. Classification of Needled Sutures:
The appellants manufacture cardiovascular and atraumatic needled sutures, which they classified under Chapter 90, claiming them as "Medical or Surgical instruments and Apparatus." However, the adjudicating authority classified these products under Chapter 30, specifically under Heading 30.05, which covers "Pharmaceutical Goods not elsewhere specified." The appellate authority upheld this classification, stating that the products were sutures and thus fell under Chapter 30, despite being specifically named in exemption notifications under Chapter 90.

2. Applicability of Exemption Notifications:
The relevant exemption notifications are:
- Notification No. 339/86, dated 11-6-1986
- Notification No. 69/93, dated 28-2-1993
- Notification No. 60/95, dated 16-3-1995
- Notification No. 61/95, dated 16-3-1995

These notifications exempted various life-saving and sight-saving equipment falling under Chapter 90. The appellants argued that their products, being specifically named in the notifications, should be exempted regardless of their classification under Chapter 30.

3. Interpretation of Relevant Exemption Notifications:
The appellants contended that the notifications should be applied based on the specific description of the goods, even if they fall under a different chapter. They relied on judicial precedents, including the Supreme Court's decision in Jain Engineering Co. v. Collector of Customs (1987) and State of Bihar v. S.K. Roy (AIR 1966 SC 1995), which emphasized that the specific description in the notification should prevail over the chapter heading.

4. Reliance on Judicial Precedents and Board Circulars:
The appellants cited Circular No. 9/96, dated 13-2-1996, which clarified that the benefit of exemption should apply if the goods are classifiable under more than one heading. However, the appellate authority referred to the Supreme Court's decision in Collector of Central Excise, Shillong v. Woodkraft Products Ltd. (1995), which stressed that classification disputes should be resolved with reference to the HSN Explanatory Notes. The authority concluded that the goods were a combination of needle and suture, thus classifiable under Heading 30.05 as "Pharmaceutical goods, not elsewhere specified."

Conclusion:
The appellate authority dismissed the appeals, holding that:
- The needled sutures are classifiable under Chapter 30, specifically Heading 30.05, as "Pharmaceutical goods, not elsewhere specified."
- The exemption notifications under Chapter 90 do not apply to the goods in question since they are not classifiable under Chapter 90.
- The reliance on judicial precedents and Board circulars does not alter the classification under Chapter 30.
- The goods are a combination of needle and suture, and their essential character is given by the suture, making them classifiable under 3005.90.

The appeals were dismissed, affirming the classification under Chapter 30 and denying the exemption claimed under the notifications.

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