1997 (12) TMI 281 - AT - Central Excise

Summary

Issues: Classification of polystyrene pins under Central Excise Tariff Act, 1985.

The judgment involves an appeal by the Department against the order of the Collector (Appeals) regarding the classification of polystyrene pins manufactured by the respondents. The Department argued that the pins, used in capsulation machinery, should be classified under Chapter sub-heading 8422.90 as parts of machinery, not as articles of plastics under Chapter 39. The Department contended that the pins are recognisable parts of machinery and should be classified accordingly. The Collector (Appeals) had classified the pins under Chapter sub-heading 3926.90, considering them as articles of plastics. The Tribunal observed that the Department's contentions had merit, highlighting that the Collector (Appeals) erred in referencing Heading 84.80 and the exclusion clause under the HSN. The Tribunal noted that Chapter 84 covers machinery for capsuling, while Chapter 39 is a residuary entry for plastics. The Tribunal emphasized that mere material composition does not determine classification and recognized parts of machinery should be classified under Chapter 84. However, the Tribunal found that the Department lacked additional technical evidence to support its contention, and the Collector (Appeals) did not consider relevant provisions, including Chapter Note 2(b) of Section VI. Consequently, the Tribunal set aside the order and remanded the matter for further consideration, directing the Commissioner (Appeals) to evaluate all relevant aspects and allow both parties to present necessary material before issuing a new decision in accordance with the law.