1997 (7) TMI 254 - AT - Central Excise

Summary

Issues: Classification of plastic cover for Video Cassette under Central Excise Tariff

In this case, the issue revolved around the correct classification of the plastic cover made for Video Cassettes under the Central Excise Tariff. The appellant, a manufacturer of Video Cassette Covers made of Polystyrene, initially classified these covers under Heading No. 39.22 of the Tariff, which was approved by the Central Excise Officers. However, a subsequent application under Section 35E of the Central Excises & Salt Act, 1944 led the Collector of Central Excise (Appeals), Bombay to classify the goods under Heading No. 85.23 instead of Heading No. 39.22.

The appellant contended that the Tribunal had previously held in their case that Video Cassette Covers should be classified under Heading No. 39.22 and not under Heading No. 85.23 as determined by the Collector of Central Excise (Appeals). The Tribunal had classified such covers as other articles of plastics falling under Heading No. 39.01 to 39.18.

During the proceedings, the focus was specifically on the classification of the Outer Cover for the Video Cassette. The Collector of Central Excise (Appeals) had classified this Outer Cover under Heading No. 85.23, citing that it covered prepared, unrecorded media for sound recording or similar recording. However, the Tribunal disagreed, stating that the Outer Cover made of plastics should be classified under Heading No. 39.22, which pertained to articles for the conveyance or packing of goods of plastics.

The Tribunal emphasized that Heading No. 39.23, which covers articles for the conveyance or packing of goods of plastics, was specific to the type of goods under consideration, while Heading 3926.90, which refers to other articles of plastics, was general and residuary in nature. Therefore, the Tribunal concluded that the plastic Outer Cover for Video Cassettes should be classified under Heading No. 39.22, as it was during the relevant period before a Tariff Entry change on 10-2-1987.

After considering all relevant facts and arguments, the Tribunal held that the plastic Outer Cover for Video Cassettes was correctly classifiable under Heading No. 39.22 of the Tariff. Consequently, the appeal was allowed in favor of the appellant.