1999 (7) TMI 204 - AT - Central Excise

Summary

Issues:
Classification of product under Chapter sub-heading 54.09 or 59.09 of Central Excise Tariff Act, 1985.

Analysis:
The Department appealed against the Collector (Appeals) order classifying the product manufactured by the Respondents under Chapter sub-heading 54.09. The Respondents manufactured Aromatic Woven Yarns and Aromatic Polymide Sheeting. The Department argued that the product was not a normal wear but a special wear used for technical purposes, making it suitable for classification under Chapter 59. The Departmental Representative highlighted Note 6 of Chapter 59 to support their argument, emphasizing the technical nature of the product, such as being bulletproof and chill-proof.

The Respondents, on the other hand, contended that the product did not meet the requirements of Chapter 59.09 as it lacked multiple warp or weft. They also argued that the fabric was not used for machinery or technical purposes but for making jackets for protection, thus falling under Chapter 54.09. The Counsel referred to the Collector (Appeals) finding that the fabric did not meet the criteria of multiple warp or weft and was not used for technical purposes as per the Explanatory Notes to HSN.

The Tribunal carefully considered the arguments and evidence presented. They analyzed Note 6 of Chapter 59, emphasizing the necessity of multiple warp or weft for classification under Chapter 59.09. It was noted that the product in question did not meet this requirement, as confirmed by the Collector (Appeals). Additionally, the Tribunal assessed whether the fabric was used for machinery or technical purposes, ultimately concluding that it did not qualify under Chapter 59.09. The fabric also did not align with the requirements of clause (b) of Note 6, further supporting the classification under Chapter sub-heading 54.09.

In conclusion, the Tribunal upheld the Collector (Appeals) decision, ruling that the product should be classified under Chapter sub-heading 54.09. The appeal by the Department was rejected based on the detailed analysis of the product's characteristics and purposes, as per the Central Excise Tariff Act, 1985.