1997 (12) TMI 316 - AT - Customs

Summary

Issues:
Classification of imported goods under Chapter sub-heading 8207.90 or 8208.10, assessment under Notification No. 69/87 or 68/87.

Detailed Analysis:
The appeal before the Appellate Tribunal CEGAT, New Delhi involved the classification of imported gear cutting tools under Chapter sub-heading 8207.90 as claimed by the Appellants or under Chapter Heading 8208.10, read with Chapter sub-heading 8461.40 as held by the Department. Additionally, the issue of assessment under Notification No. 69/87 or under Notification No. 68/87 was raised.

The facts of the case revealed that the goods were initially assessed under Chapter Heading 98.06 with Notification No. 69/87. However, a demand was raised reclassifying the goods under Chapter Heading 8208.10, read with Chapter Heading 84.61, resulting in a confirmed duty shortfall of Rs. 83,790. The Asstt. Collector and the ld. Collector (Appeals) both held that the goods should be classified under Chapter Heading 8208.10, with the ld. Collector (Appeals) further determining that Notification No. 69/87 would not be applicable, and assessment would be under Customs Notification No. 68/87.

The Respondent Commissioner argued that the imported roughing blades needed to be assembled onto a mounting frame before being used for gear cutting, making them non-interchangeable tools falling under Chapter Heading 8208.10 and Chapter Heading 8461.40. The Respondent cited various tribunal decisions to support this classification.

The Appellants, in their submissions, referred to a previous decision by the ld. Commissioner (Appeals) classifying the blades under Heading 8207.90, which they accepted. However, the Tribunal noted that the technical literature and evidence indicated that the imported blades were not interchangeable tools but roughing blades mounted on gear cutting apparatus, justifying their classification under Chapter Heading 8208.10.

Further analysis revealed that the blades, being for metal working, were correctly classified under Chapter Heading 8208.10. The Tribunal referenced Chapter Note (1) to the Explanatory Notes to HSN, supporting this classification. Referring to a previous Tribunal decision, the Tribunal held that the goods were rightly classified under Chapter sub-heading 98.06 but were not eligible for exemption under Notification No. 69/87-Cus.

Ultimately, the Tribunal upheld the order of the ld. Collector (Appeals), confirming the classification of the goods under Chapter Heading 8208.10 and rejecting the appeal.