1999 (4) TMI 152 - AT - Customs

Summary

Issues:
Classification of imported rollers under Tariff Heading 7326.19 or 8482.99.

Analysis:
1. The appellant contested the classification of the imported rollers under Tariff Heading 8482.99 by the Revenue, arguing for classification under Tariff Heading 7326.19 as other articles of iron or steel forged or stamped, but not further worked.

2. The appellant's counsel emphasized that the imported green rollers were semi-finished and required various processes like carburising, heat treatment, grinding, and honing before being usable as roller bearings. They argued that until these processes were completed, the rollers did not possess the essential characteristics of a part of a roller bearing.

3. The appellant relied on a supplier's clarification stating that the goods were in a semi-finished condition, contrary to the description in the invoice and Bill of Lading as finished roller bearings. They cited a decision by the Hon'ble Madras High Court to support their argument that goods requiring significant processes cannot be considered complete articles.

4. The Revenue's representative contended that the goods were described as finished roller bearings in the documents provided by the appellants, including mentioning a part number. They argued that a previous Tribunal decision indicated that semi-finished components meeting specific dimensions could be classified as finished articles under Interpretative Rule 2(a).

5. After considering both arguments, the Tribunal noted the discrepancy between the appellants' claim of semi-finished goods and the description in the shipping documents as finished roller bearings. The Tribunal found that the supplier's clarification was obtained after the adjudication order was passed, and the goods were initially declared as finished parts.

6. The Tribunal differentiated the present case from the precedent cited by the appellants, where the imported goods were acknowledged as incomplete. As the current case involved conflicting descriptions in the documents, the Tribunal upheld the Revenue's classification under Tariff Heading 8482.99 and dismissed the appeal, finding no fault in the initial order.