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1997 (9) TMI 313 - AT - Customs

Issues: Classification of imported goods under Heading 8547.90 or Heading 3926.90 of the Customs Tariff Act, 1975.

Analysis:
1. The lower appellate authority assessed the goods described as "Cable sealing system (heat shrinkage sleeves - insulating material)" under Heading 8547.90, while the Revenue sought classification under Heading 3926.90. The Assistant Collector's order lacked reasoning on why the goods were not considered as cable sealing systems under Heading 8547.90. The imported goods were described as insulating material in the invoices, and no dispute existed regarding their composition. The appellant relied on precedents where similar goods were classified under Heading 8546.00. The Tribunal found that the goods were made wholly of insulating material and upheld classification under sub-heading 8547.90, setting aside the classification under Heading 3926.90.

2. The Revenue contended that the impugned goods were insulating material and not electrical insulators or insulating fittings, thus challenging the classification under sub-heading 8547.90. They requested a remand for reclassification based on composition analysis. The Tribunal observed that Heading 8547 covered specific electrical insulators for machines and appliances, distinct from insulators under Heading 85.46. The goods in question did not align with the description under Heading 8547. The lower appellate authority's interpretation was deemed incorrect, and the matter required reexamination considering Tariff Headings 8546, 8547, and Chapter 39 in light of the Harmonized System Nomenclature (HSN). Consequently, the Tribunal set aside the impugned order and remanded the case for a fresh decision in accordance with the law.

In conclusion, the judgment addressed the classification of imported goods under specific tariff headings, emphasizing the need for a thorough examination of the goods' composition and intended use to determine the appropriate classification. The Tribunal's decision highlighted the importance of aligning the classification with the descriptions provided in the Customs Tariff Act and relevant precedents, ensuring consistency and accuracy in tariff classification decisions.

 

 

 

 

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