1997 (6) TMI 152 - AT - Customs

Summary

Issues involved:
Classification of goods "Stainless Steel Balls of 1.00 MM" under Tariff Heading 98.03/90 and applicability of Notification No. 234/82-C.E., dated 1-11-1982 and Notification No. 104/82, dated 28-2-1982.

Classification Dispute - M/s. Sanghvi Swiss Refills Pvt. Ltd.:
The Collector classified the goods under sub-heading 7333.40(2) as stainless steel articles, rejecting the argument for classification under Heading 98.03/09. The Collector emphasized that stainless steel balls are correctly classifiable under sub-heading No. 73.33/40 based on the CTA, 1975 and BTN notes excluding steel balls for pens from Chapter 98.

Revenue's Contentions:
The Revenue argued that the goods should be assessed under Heading 73.33/40(2) of CTA, 1975 as they did not meet the conditions of Chapter Note 4 to Chapter 84. They contended that the goods fell outside the scope of the Notifications and could not be considered parts of ball point pens.

Arguments by Parties:
The learned DR relied on BTN notes for classification under Heading 73.33/40, while the Advocate highlighted the absence of exclusion clause in Chapter 98 for stainless steel balls meant for ball pens. The Advocate emphasized trade understanding and referred to relevant judgments to support the classification under Chapter 98.

Judgment and Reasoning:
The Tribunal held that stainless steel balls for ball point pens are rightly classifiable under Heading 73.33/40 of CTA, 1975. The Tribunal prioritized Section notes and Chapter notes over functional tests and trade understanding, citing statutory precedence. The Tribunal also addressed the applicability of Notifications for concessional benefits, allowing the benefit for CVD purposes to the importers.

Conclusion:
The appeals were disposed of with the classification of stainless steel balls under Heading 73.33/40 and the entitlement of importers to Notification benefits for CVD purposes clarified.