1997 (10) TMI 120 - AT - Central Excise

Summary

Issues: Correct classification of yarn under Tariff Item 18-III (i) or (ii) based on the predominant fiber content and manufacturing process.

In this judgment by the Appellate Tribunal CEGAT, New Delhi, the Department appealed against the Order-in-Appeal passed by the Collector of Central Excise, Ahmedabad, which set aside the Order-in-Original passed by the Assistant Collector of Central Excise, Rajkot. The main issue revolved around the correct classification of yarn manufactured by the respondent, which was a blend of cellulosic spun yarn with synthetic waste. The dispute centered on whether the yarn fell under Clause (i) or Clause (ii) of sub-item III of Tariff Item 18.

The Tribunal noted that the yarn in question predominantly consisted of man-made fiber of cellulosic origin by weight, with 51.7% being cellulosic fiber and 48.3% non-cellulosic waste. The Chief Chemist's report initially described the 48.3% as non-cellulosic fiber, but during cross-examination, he admitted that it was not possible to differentiate between non-cellulosic waste and non-cellulosic fiber in the manufactured yarn. The Tribunal referred to a previous decision regarding a similar case and upheld the contention that the yarn in question was manufactured by blending cellulose fiber with synthetic waste, falling under Tariff Item 18-III(i).

The Department argued that since the yarn contained some material of non-cellulosic origin, it should be classified under Clause (ii) of Tariff Item 18-III. However, the Tribunal rejected this argument, stating that the Department failed to effectively counter the assertion that the yarn was a blend of cellulosic fiber and synthetic waste, not fiber. Therefore, the Tribunal agreed with the Collector (Appeals) that Clause (i) was the applicable classification for the spun yarn.

Ultimately, the Tribunal found no valid grounds to interfere with the decision and dismissed the appeal, affirming the classification of the yarn under Tariff Item 18-III(i) based on the predominant fiber content and manufacturing process.