1999 (8) TMI 393 - AT - Central Excise

Summary

Issues:
Classification of Wet Detergent Cleansing Tissues under Central Excise Tariff Act, 1985 - Sub-heading 3401.30 or 3307.90.

Detailed Analysis:

1. The Revenue contested the classification of Wet Detergent Cleansing Tissues under sub-heading 3401.30 by the Collector of Central Excise (Appeals), Bombay, seeking classification under sub-heading 3307.90 instead.

2. The respondents manufactured pre-moistened detergent tissues under the brand 'Fresh Ones', initially approved under sub-heading 3401.30 but later classified under sub-heading 3307.90 for the year 1989-90, attracting a higher duty rate.

3. The manufacturing process involved inserting dry tissues into a plastic container and pouring a pre-mix of liquid manually, containing detergents, preservatives, and aromatic compounds. The composition of the pre-mix was detailed, emphasizing the components used.

4. The Deputy Chief Chemist's analysis revealed the composition of the wet detergent cleansing tissues, indicating a mixture of perfumery, surface active materials, water, and organic solvent. The tissues were described as impregnated with cosmetics due to the composition.

5. The Department argued that the product should be classified under sub-heading 3307.90 as tissue paper impregnated with cosmetics, citing the properties of cleansing lotions and the intended use of the product.

6. The scope of Heading 33.07 was explained, emphasizing products suitable for use as cosmetics or toilet preparations. The function of cosmetics, as described by the labels on the product, aligned with the characteristics of cosmetics.

7. However, it was noted that the disputed product contained a highly diluted solution of detergents, primarily used for cleaning hands and face, rather than cosmetics. The necessity of water after using 'Fresh Ones' was obviated due to the high water content in the product.

8. The HSN Explanatory Notes excluded soap products from Chapter 33, indicating that the disputed product, impregnated with detergents, did not fall under Chapter 33 despite being perfumed.

9. Considering the rival entry under sub-heading 3401.30, covering paper impregnated with soap or detergent, it was concluded that the product was more appropriately classified under this sub-heading based on composition and physical identity.

10. The argument that 'Fresh Ones' did not require water post-use was countered by the high water content in the product and the absence of foam boosters or foaming agents.

11. The conclusion was supported by a certificate from the Food and Drug Administration, State of Maharashtra, stating that the product did not meet the definition of cosmetics. Thus, the product 'Fresh Ones' was classified under sub-heading 3401.30, upholding the impugned order and rejecting the appeal.