1998 (3) TMI 221 - AT - Central Excise

Summary

Issues Involved:
1. Correct classification of 'Prescol Glue' under the Central Excise Tariff.
2. Determination of whether 'Prescol Glue' is a synthetic resin or an adhesive.
3. Applicability of specific Tariff Items and their amendments over time.
4. Relevance of molecular weight and water solubility in classification.
5. Consideration of prior classification and commercial use of the product.

Detailed Analysis:

1. Correct Classification of 'Prescol Glue' under the Central Excise Tariff:
The primary issue was whether 'Prescol Glue' should be classified under Tariff Item 15A(1) as a synthetic resin or under Tariff Item 68 as an adhesive. The Revenue argued for classification under 15A(1), while the assessees claimed it should fall under Item 68.

2. Determination of Whether 'Prescol Glue' is a Synthetic Resin or an Adhesive:
The respondents manufacture Urea Formaldehyde and Melamine-Formaldehyde resins, including 'Prescol Glue'. Initially, 'Prescol Glue' was classified under Tariff Item 15A(1) until 1978 when the assessees sought reclassification under Item 68, claiming it was a commercially modified synthetic resin exempt from duty. The Assistant Collector classified it under 15A(1) as Aminoplasts, but the lower appellate authority reclassified it under Item 68 due to its low molecular weight.

3. Applicability of Specific Tariff Items and Their Amendments Over Time:
The relevant period for classification ranged from 18-6-1977 to 27-2-1986. Tariff Item 15A(1) covered various forms of synthetic resins, including condensation products like Aminoplasts. The Tribunal noted that the product, being a result of condensation, falls under 15A(1). The amendments to Tariff Item 15A over time did not restrict the classification to high molecular weight products or final stage condensation products.

4. Relevance of Molecular Weight and Water Solubility in Classification:
The respondents argued that 'Prescol Glue' had a low molecular weight and was water-soluble, thus not fitting the definition of synthetic resin. However, the Tribunal found that synthetic resins could be water-soluble and of low molecular weight. Various definitions and technical literature supported that synthetic resins do not always have to be of high molecular weight or insoluble in water.

5. Consideration of Prior Classification and Commercial Use of the Product:
The Tribunal noted that the product was classified as a synthetic resin from 1964 to 1978. The change in trade name to 'Prescol Glue' did not alter its classification. The product was not glue at the point of clearance but became glue after further processing. Classification must be based on the condition at the time of removal from the factory.

Conclusion:
The Tribunal concluded that 'Prescol Glue' is a synthetic resin falling under Tariff Item 15A(1). The product, being a condensation product, fits within the scope of synthetic resins as defined by the tariff and technical literature. The appeal of the Revenue was allowed, and the order of the Collector (Appeals) was set aside.