2000 (9) TMI 463 - AT - Central Excise

Summary

Issues:
Appeals against the order of the Commissioner (Appeals) regarding classification of products under specific tariff headings and eligibility for notification. Interpretation of HSN Explanatory Notes under Chapter 73. Determination of whether further working on products results in a commercially different new product for classification under a different sub-heading.

Analysis:
The appeals were filed by the Revenue challenging the order of the Commissioner (Appeals) based on the interpretation of the HSN Explanatory Notes under Chapter 73. The Commissioner (Appeals) held that certain processes like forging, stamping, and removal of burrs do not classify products under Chapter 7419.91 but under Chapter 7419.99 if carried out as per customer request. The grounds of appeal included disagreement with the classification of products like rings, bushes, and machinery parts made of copper under Chapter 7419.91 and eligibility for Notification 178/88. The department argued that further working on copper products should place them under heading 7419.99, not 7419.91, emphasizing the need for a commercially different new product to emerge for reclassification.

During the hearing, the departmental representative reiterated the grounds of appeal and acknowledged the lack of material evidence to prove the emergence of a commercially different new product due to further working. The absence of the respondents led to a decision based on existing material. The Tribunal referred to a Supreme Court case emphasizing that for a change in classification within a sub-heading, the emergence of a commercially identifiable new product is crucial. Without evidence of a distinct, separate, and identifiable new product known in the market resulting from further working, the classification change is not warranted.

Ultimately, the Tribunal rejected the appeals, emphasizing that the revenue failed to provide evidence of a different identifiable new product emerging from the further working processes. The judgment highlighted that for further working to trigger a change in classification, it must result in a new product known in the market. Since no such evidence was presented, the reclassification based on further working was deemed unnecessary under the Central Excise Act.