1999 (1) TMI 174 - AT - Customs

Summary

Issues:
Classification of Polyamide Resin Adhesive under Heading 3908.10 or 35.06 of the Customs Tariff Act for concessional duty rate.

Analysis:

1. The appeal involved the classification of Polyamide Resin Adhesive imported by a company under Heading 3908.10 or 35.06 of the Customs Tariff Act to determine the applicable concessional duty rate. The importer claimed classification under Heading 3908.10, benefiting from a notification, while the Revenue argued for classification under Heading 35.06.

2. The facts revealed that the importer filed a Bill of Entry classifying the adhesive under sub-heading 3908.10 with the benefit of a notification. The Assistant Collector initially classified it under Heading 35.06 based on a test report and Explanatory Notes of HSN. However, the Collector (Appeals) classified it under sub-heading 3908.10, extending the notification benefit due to the intended use for manufacturing deflection components.

3. The Revenue contended that the imported adhesive was a mixture, not pure polyamide, as per the test report. They argued that products specifically formulated as adhesives are excluded from Chapter 39, citing HSN. The literature of the imported product indicated a formulation for adhesive use, supporting classification under Heading 35.06, as in a previous case.

4. The Respondents argued that polyamides under Heading 39.08 are used as adhesives, justifying classification under Heading 39.08. They relied on the notification's tariff description and a certificate from the Department of Electronics recommending duty concession for manufacturing deflection components. They emphasized that technical literature and trade understanding should determine classification, not Chapter/Section Notes.

5. The Respondents stressed that the notification aimed to benefit importers based on end-use, citing a case where the Tribunal interpreted a notification in line with its purpose. They highlighted the specific use of the imported adhesive for deflection components, meeting the notification's requirements.

6. The Tribunal analyzed the product's composition, test reports, and relevant legal precedents. The imported adhesive was found to be a prepared adhesive based on plastics, falling under Heading 35.06. As the product did not meet the criteria specified in the notification for concessional duty, the benefit was deemed unavailable. The Department of Electronics' certificate did not override the classification requirements. The appeal by Revenue was allowed based on the correct classification under Heading 35.06, denying the notification benefit to the importer.